§353-68  Parole, how initiated and granted. 
(a)  Paroles may be granted by the Hawaii paroling authority at any time after
the prisoner has served the minimum term of imprisonment fixed according to
law; provided that where a fine has also been imposed, which has not been paid,
and if the prisoner has been imprisoned for at least thirty days, the paroling
authority upon being satisfied that the prisoner has petitioned the court for
revocation of all or part of such fine pursuant to section 706-645, may nevertheless
parole the prisoner without payment of the fine, either with or without the
condition, subject to determination by the court under section 706-645, that
while on such parole the prisoner make payment of the fine as the paroling
authority deems proper under the circumstances.  The proceedings to obtain
parole may be initiated by the written recommendation of the superintendent to
the paroling authority or may be initiated by the paroling authority without
any such recommendation.



(b)  The governor shall have like power to
revoke the parole of any prisoner.  The written authority of the governor shall
likewise be sufficient to authorize any police officer to retake and return the
prisoner to prison.  The governor's written order revoking the parole shall
have the same force and effect and be executed in like manner as the order of
the chairperson of the paroling authority.



(c)  The paroling authority shall act by
majority of all its members in respect of all proceedings touching the parole
of prisoners. [L 1931, c 126, §4; RL 1935, §6456; am L 1939, c 203, pt of §6;
am L 1943, c 207, §2; RL 1945, §3961; RL 1955, §83-66; am L 1957, c 308, §3; am
L 1963, c 34, §1; HRS §353-68; am L 1976, c 92, pt of §8; am L 1981, c 163, §1;
gen ch 1985, 1993]



 



Cross References



 



  Consequences of nonpayment of fine, see §706-644.



  Parole procedure, see §706-670.



 



Case Notes



 



  No due process liberty interest in parole is created under
this section.  795 F. Supp. 1020.



  Parole and minimum sentence under prior law.  28 H. 268.