§353-65 Paroles; rules. The Hawaii
paroling authority may establish rules, with the approval of the governor and
the director of corrections and rehabilitation not inconsistent with this part,
under which any prisoner may be paroled but shall remain, while on parole, in
the legal custody and under the control of the paroling authority, and be
subject, at any time until the expiration of the term for which the prisoner
was sentenced, to be taken back within the enclosure of the prison. The rules
shall have the force and effect of law. Full power, subject to this part, to
enforce the rules, to grant, and to revoke paroles is conferred upon the
paroling authority. The power to retake and reimprison a paroled prisoner is
conferred upon the administrative secretary or the administrative secretary's
designee, who may issue a warrant authorizing all of the officers named therein
to arrest and return to actual custody any paroled prisoner. The
superintendent of Hawaii state prison, the chief of police of each county and
all police officers of the State or of any county, and all prison officers
shall execute any such order in like manner as ordinary criminal process.
If any prisoner so paroled leaves the State
without permission from the paroling authority, the prisoner shall be deemed to
be an escaped prisoner, and may be arrested as such. [L 1917, c 103, §2; RL
1925, §1561; am L 1931, c 126, §2; am L 1932 1st, c 17, §8; RL 1935, §6454; am
L 1939, c 203, pt of §6; RL 1945, §3959; RL 1955, §83-64; am L 1957, c 308, §1;
am L 1963, c 34, §§1, 2; am L 1965, c 96, §57; HRS §353-65; am L 1969, c 208,
§1; am L 1976, c 92, pt of §8; gen ch 1985; am L 1987, c 338, §10; am L 1989, c
211, §8; am L 2003, c 7, §1; am L 2022, c 278, §29]
Cross References
Rulemaking, see chapter 91.
Notes of Decisions
Turner v. Hawai'i Paroling Auth., 1 P.3d 768 (Haw. App. 2000).
· cites it 6× “Under HRS § 353-65, the “[fjull power ... to grant, and to revoke paroles is conferred upon the [HPA].”
Rapozo v. State., 497 P.3d 81 (Haw. 2021).
· cites it 2× “” HRS § 353-65. The HPA established such rules in HAR §§ 23-700-31 to -37.”
Garcia v. State, 244 P.3d 1208 (Haw. 2010).
· cites it 4× “He urges that the Policy “should be accorded the force and effect of law” because (1) HRS § 353-65 (Supp. 2003) 10 allows the HPA “to establish rules that have ‘the force and effect of law’ ” and (2) “[generally, administrative rules and regulations promulgated pursuant to…”
State v. Lessary, 925 P.2d 1104 (Haw. App. 1996).
· cites it 2× “Under HRS § 353-65 (1993), "[t]he Hawai'i paroling authority may establish rules and regulations .”
Ringor v. State, 965 P.2d 162 (Haw. App. 1998).
· cites it 2× “HRS § 353-65 (1993) provides, in part, that the HPA may establish rules and regulations, with the approval of the governor and the director of public safety not inconsistent with this part, under which any prisoner may be paroled but shall remain, while on parole, in the legal…”
State v. Olson, 262 P.3d 828 (Wash. Ct. App. 2011).
“§ 42-9-48 (a); Haw. Rev. Stat. § 353-65 ; Idaho Code Ann.”
Cornel v. State of Hawaii (D. Haw. 2020).
· cites it 6× “Suspension of parole is governed by HRS § 353-66(c), which provides in relevant part: “[I]f the whereabouts of any paroled prisoner is not known to the [HPA] because of the neglect or 3 HRS § 353-65 provides in pertinent part that “[t]he power to retake and reimprison a paroled…”
Cornel v. State of Hawaii (D. Haw. 2020).
· cites it 3× “Nevertheless, the court need not decide at this time whether to apply Owens because the state law claims have been dismissed without prejudice.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.