Bill Text: HI SB2396 | 2012 | Regular Session | Amended
Bill Title: Hawaii Paroling Authority; Appropriation
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Engrossed - Dead) 2012-03-08 - (H) Referred to PBM, JUD, FIN, referral sheet 41 [SB2396 Detail]
Download: Hawaii-2012-SB2396-Amended.html
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THE SENATE |
S.B. NO. |
2396 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE HAWAII PAROLING AUTHORITY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the Hawaii paroling authority plays a vital role in the State's criminal justice system. It determines minimum terms of incarceration for almost all inmates sentenced to prison; grants parole when it determines that an inmate is ready for release into the community; establishes terms and conditions of parole for each offender granted parole; oversees parole officers who monitor and supervise parolees; grants discharges from parole; and makes recommendations for pardons and commutations of sentences.
The authority was reconstituted in 1976 by Act 92, Session Laws of Hawaii 1976, with one full-time chair and two part-time members. In the past thirty-six years, its workload has increased eight-fold due to the rise in incarceration rates. However, the authority continues to be composed of one full-time and two part-time members. Because it is essentially a part-time body, the authority finds proper deliberation very difficult when reviewing cases and making decisions that are vital to public safety. Further, the authority is experiencing severe difficulties in carrying out its responsibility in assuring that the terms and conditions of parole are properly enforced with its existing staff.
The purpose of this Act is to add two more part-time members of the Hawaii paroling authority and authorize the governor to set the salary of the chair of the paroling authority.
SECTION 2. Section 353-61, Hawaii Revised Statutes, is amended to read as follows:
"§353-61 Hawaii paroling authority; appointment; tenure; qualifications. Members of the paroling authority shall be nominated by a panel composed of the chief justice of the Hawaii supreme court, the director, the president of the bar association of Hawaii, a representative designated by the head of the Interfaith Alliance Hawaii, a member from the general public to be appointed by the governor, and the president of the Hawaii chapter of the National Association of Social Workers. The panel shall submit to the governor the names of not less than three persons, designated as the nominees, for chairperson or as a member, for each vacancy. The requirement for nomination by the panel established under this section shall only apply to a nominee's nomination by the governor to an initial term on the paroling authority and not to any subsequent consecutive term of a sitting paroling authority member or chairperson whose initial appointment to office was made pursuant to a nomination by the panel.
The governor shall appoint, in the manner
prescribed by section 26-34, a paroling authority to be known as the Hawaii
paroling authority, to consist of [three] five members one of
whom shall be designated chairperson. Appointments shall be made for terms of
four years, commencing from the date of expiration of the last preceding term.
Any vacancy in an unexpired term shall be filled by appointment for the
remainder of the unexpired term. Nominees to the authority shall be selected
on the basis of their qualifications to make decisions that will be compatible
with the welfare of the community and of individual offenders, including their
background and ability for appraisal of offenders and the circumstances under
which offenses were committed."
SECTION 3. Section 353-63, Hawaii Revised Statutes, is amended to read as follows:
"§353-63 Service of Hawaii paroling
authority members; compensation; expenses. The chairperson of the Hawaii
paroling authority shall serve on a full-time basis. The other [two] four
members shall serve on a part-time basis. Effective July 1, [2005,] 2012,
the chairperson of the Hawaii paroling authority shall be paid a salary [set
at eighty-seven per cent of the salary of the director of public safety.] that
is established by the governor. The compensation of each of the part-time
members shall be eighty per cent of the hourly wage paid the chairperson. For
each hour engaged in the official duties of the authority, each part-time
member of the authority shall be paid an hourly wage at the percentage rate
specified in this section based on the hourly wage paid the chairperson;
provided that compensation shall not exceed eighty per cent of the total
regular working hours in a month; provided further that part-time members shall
not be entitled to any vacation, sick leave, or other benefits except as provided
in this section. All paroling authority members shall receive their necessary
expenses for travel and incidentals which shall be paid from appropriations
provided the authority for such purposes, on vouchers approved by the director
of public safety."
SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2012-2013 to carry out the purposes of this Act, including the purchase of office equipment and other expenses related to the new part-time paroling authority members.
The sum appropriated shall be expended by the department of public safety for the purposes of this Act.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2012.
Report Title:
Hawaii Paroling Authority; Appropriation
Description:
Adds two part-time members of the Hawaii paroling authority for a total of four part-time members. Requires the governor to establish the salaries of the chair of the Hawaii paroling authority. Appropriates funds for the increase in salary and additional equipment needs. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
