§353-62 Hawaii paroling authority;
responsibilities and duties; operations; records, reports, staff. (a) In
addition to any other responsibility or duty prescribed by law for the Hawaii
paroling authority, the paroling authority shall:
(1) Serve as the central paroling authority for the
State;
(2) In selecting individuals for parole, consider for
parole all committed persons, except in cases where the penalty of life
imprisonment not subject to parole has been imposed, regardless of the nature
of the offense committed;
(3) Determine the time at which parole shall be
granted to any eligible individual as that time at which maximum benefits of
the correctional institutions to the individual have been reached and the
element of risk to the community is minimal;
(4) Establish rules of operation to determine
conditions of parole applicable to any individual granted parole;
(5) Provide continuing custody, control, and
supervision of paroled individuals;
(6) Revoke or suspend parole and provide for the
authorization of return to a correctional institution for any individual who
violates parole or any condition of parole when, in the opinion of the Hawaii
paroling authority, the violation presents a risk to community safety or a
significant deviation from any condition of parole;
(7) Discharge an individual from parole when
supervision is no longer needed;
(8) Interpret the parole program to the public in
order to develop a broad base of public understanding and support;
(9) Recommend to the legislature sound parole
legislation and recommend to the governor sound parole administration; and
(10) Notify individuals on parole of their eligibility
to vote and provide them with information on how to register and vote.
(b) In its operations, the paroling authority
shall:
(1) Keep and maintain a record of all meetings and
proceedings;
(2) Make public no more than thirty days after a
parole release hearing the following information:
(A) The prisoner's name; and
(B) Whether the parole request was approved
or denied;
(3) Send a detailed report of its operations to the
governor every three months;
(4) In promulgating rules, conform to chapter 91;
(5) Allow each prisoner a hearing before a panel of
three of its members, which shall act by a majority of the panel members;
provided that if it is determined immediately preceding or during the course of
a hearing that a sitting panel member must be recused due to a conflict of
interest or illness, the panel may proceed with two members; and
(6) Appoint an administrative secretary and such
other clerical and other assistants as may be necessary within the limits of
available appropriations, subject to any applicable salary classification and
civil service schedules, laws, and rules. [L 1931, c 129, pt of §1; RL 1935,
§6414; am L 1939, c 203, pt of §6; am L 1941, c 146, §1; RL 1945, §3915; RL
1955, §83-61; HRS §353-62; am L 1976, c 92, §3; am L 1987, c 338,
§5; am L 1988, c 141, §33; am L 2013, c 117, §2; am L 2021, c 213, §45]
Case Notes
Neither chapter 706 nor chapter 353 prohibits the Hawaii
paroling authority from setting a prisoner's minimum term at a period equal to
his or her maximum sentence. 97 H. 183, 35 P.3d 210 (2001).
As no Hawaii statute governing parole requires a parolee’s
parole to be automatically revoked upon the parolee’s conviction and sentence
to imprisonment for a crime committed while on parole, and this section appears
to vest Hawaii paroling authority with discretion to revoke parole, parolee’s
due process right violated when authority summarily revoked parole without
giving parolee a final revocation hearing. 88 H. 229 (App.), 965 P.2d 162
(1998).
Notes of Decisions
Williamson v. Hawai'i Paroling Auth., 35 P.3d 210 (Haw. 2001).
· cites it 100× “The ICA held that, when HRS §§ 353-62, 353-64, 706-669, and 706-770 are read in pari materia, they create a statutory right of every prisoner, who is not sentenced to life imprisonment without the possibility of parole, to be considered for parole in periodic parole hearings.”
State v. Gaylord, 890 P.2d 1167 (Haw. 1995).
· cites it 4× “1992 & Comp.1993), 353-65 (1985 & Supp.1992), 353-66 (Supp.”
Turner v. Hawai'i Paroling Auth., 1 P.3d 768 (Haw. App. 2000).
· cites it 10× “HRS § 353-62. The HPA must consider all committed persons for parole except those sentenced to life without parole, HRS § 353-62(2); “[d]etermine the time at which parole shall be granted .”
Keawe v. State, 901 P.2d 481 (Haw. 1995).
· cites it 2× “1992) (authorizing a court to sentence a defendant to, inter alia, *290 pay a fine, a term of imprisonment, or probation); 'HRS § 353-62 (Supp.1992) (authorizing, inter alia, the Hawaii paroling authority to “consider for parole all committed persons, except in cases where the…”
Ringor v. State, 965 P.2d 162 (Haw. App. 1998).
· cites it 4× “Indeed, HRS § 353-62 (1993), which sets forth the duties and responsibilities of the HPA, appears to vest the HPA with discretion to *240 revoke parole.”
Williamson v. Hawai'i Paroling Auth., 34 P.3d 1055 (Haw. App. 2000).
· cites it 3× “] Hawaii Revised Statutes § 353-62 (1993) provides in part: § 353-62 Hawaii [Hawai'i] paroling authority; responsibilities and duties; operations; records, reports, staff, (a) In addition to any other responsibility or duty prescribed by law for the Hawaii [Hawai'i] paroling…”
State v. Lessary, 925 P.2d 1104 (Haw. App. 1996).
· cites it 2× “HRS § 353-62(3) (1993) grants the Hawaii Paroling Authority the power to "[d]etermine the time at which parole shall be granted to any eligible individual [which is] that time at which maximum benefits of the correctional institutions to the individual have been reached and the…”
Lauro v. State of Hawaii (D. Haw. 2020).
· cites it 2× “See also HRS §§ 353-62, -65, -66; 706-670. The Complaint and this action are barred by the doctrine of Heck v.”
State v. Lewi (Haw. App. 2022).
“He offers no authority in support of his argument; it is contrary to Hawaii Revised Statutes (HRS) § 353-62 (2015), which gives HPA exclusive original jurisdiction over parole.”
State v. Lewi, 152 Haw. 2 (Haw. App. 2022).
“He offers no authority in support of his argument; it is contrary to Hawaii Revised Statutes (HRS) § 353-62 (2015), which gives HPA exclusive original jurisdiction over parole.”
Freudenberg v. State, 538 P.3d 791 (Haw. App. 2023).
“3d 210 , 97 Hawai#i 183 (2001) reviewed Hawai#i Revised Statutes Section 353-62 regarding the responsibilities and duties of the HPA and Hawai #i Revised Statutes Section 706-669 regarding the establishment of minimum terms and held that the HPA has the authority to set a…”
— Haw. Rev. Stat. § 353-62(1) — 1 case
Williamson v. Hawai'i Paroling Auth., 35 P.3d 210 (Haw. 2001).
“The ICA held that, when HRS §§ 353-62, 353-64, 706-669, and 706-770 are read in pari materia, they create a statutory right of every prisoner, who is not sentenced to life imprisonment without the possibility of parole, to be considered for parole in periodic parole hearings.”
— Haw. Rev. Stat. § 353-62(2) — 1 case
Turner v. Hawai'i Paroling Auth., 1 P.3d 768 (Haw. App. 2000).
“HRS § 353-62. The HPA must consider all committed persons for parole except those sentenced to life without parole, HRS § 353-62(2); “[d]etermine the time at which parole shall be granted .”
— Haw. Rev. Stat. § 353-62(3) — 2 cases
Turner v. Hawai'i Paroling Auth., 1 P.3d 768 (Haw. App. 2000).
“HRS § 353-62. The HPA must consider all committed persons for parole except those sentenced to life without parole, HRS § 353-62(2); “[d]etermine the time at which parole shall be granted .”
State v. Lessary, 925 P.2d 1104 (Haw. App. 1996).
“HRS § 353-62(3) (1993) grants the Hawaii Paroling Authority the power to "[d]etermine the time at which parole shall be granted to any eligible individual [which is] that time at which maximum benefits of the correctional institutions to the individual have been reached and the…”
— Haw. Rev. Stat. § 353-62(4) — 1 case
Turner v. Hawai'i Paroling Auth., 1 P.3d 768 (Haw. App. 2000).
“HRS § 353-62. The HPA must consider all committed persons for parole except those sentenced to life without parole, HRS § 353-62(2); “[d]etermine the time at which parole shall be granted .”
— Haw. Rev. Stat. § 353-62(a) — 1 case
Williamson v. Hawai'i Paroling Auth., 35 P.3d 210 (Haw. 2001).
“The ICA held that, when HRS §§ 353-62, 353-64, 706-669, and 706-770 are read in pari materia, they create a statutory right of every prisoner, who is not sentenced to life imprisonment without the possibility of parole, to be considered for parole in periodic parole hearings.”
— Haw. Rev. Stat. § 353-62(a)(2) — 2 cases
Williamson v. Hawai'i Paroling Auth., 35 P.3d 210 (Haw. 2001).
“The ICA held that, when HRS §§ 353-62, 353-64, 706-669, and 706-770 are read in pari materia, they create a statutory right of every prisoner, who is not sentenced to life imprisonment without the possibility of parole, to be considered for parole in periodic parole hearings.”
Williamson v. Hawai'i Paroling Auth., 34 P.3d 1055 (Haw. App. 2000).
“] Hawaii Revised Statutes § 353-62 (1993) provides in part: § 353-62 Hawaii [Hawai'i] paroling authority; responsibilities and duties; operations; records, reports, staff, (a) In addition to any other responsibility or duty prescribed by law for the Hawaii [Hawai'i] paroling…”
— Haw. Rev. Stat. § 353-62(a)(3) — 1 case
Williamson v. Hawai'i Paroling Auth., 35 P.3d 210 (Haw. 2001).
“The ICA held that, when HRS §§ 353-62, 353-64, 706-669, and 706-770 are read in pari materia, they create a statutory right of every prisoner, who is not sentenced to life imprisonment without the possibility of parole, to be considered for parole in periodic parole hearings.”
— Haw. Rev. Stat. § 353-62(a)(5) — 1 case
Turner v. Hawai'i Paroling Auth., 1 P.3d 768 (Haw. App. 2000).
“HRS § 353-62. The HPA must consider all committed persons for parole except those sentenced to life without parole, HRS § 353-62(2); “[d]etermine the time at which parole shall be granted .”
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