§706-661 Extended terms of imprisonment.
The court may sentence a person who satisfies the criteria for any of the
categories set forth in section 706-662 to an extended term of imprisonment,
which shall have a maximum length as follows:
(1) For murder in the second degree--life without the
possibility of parole;
(2) For a class A felony--indeterminate life term of
imprisonment;
(3) For a class B felony--indeterminate twenty-year
term of imprisonment; and
(4) For a class C felony--indeterminate ten-year term
of imprisonment.
When ordering an extended term sentence, the court
shall impose the maximum length of imprisonment. The minimum length of
imprisonment for an extended term sentence under paragraphs (2), (3), and (4)
shall be determined by the Hawaii paroling authority in accordance with section
706-669. [L 1972, c 9, pt of §1; am L 1976, c 92, §8; am L 1999, c 286, §2; am
L 2006, c 230, §§23, 54; am L Sp 2007 2d, c 1, §2]
Applicability of Act 1, Second Special Session of 2007
L Sp 2007 2d, c 1, §5 provides:
"SECTION 5. This Act shall apply to all sentencing or
resentencing proceedings pending on or commenced after the effective date of
this Act [October 31, 2007], whether the offense was committed prior to, on, or
after the effective date of this Act [October 31, 2007]. A defendant whose
extended term of imprisonment is set aside or invalidated shall be resentenced
pursuant to this Act upon request of the prosecutor. This Act shall not
entitle a defendant who has previously been sentenced to an extended term to be
resentenced pursuant to the procedures set forth in this Act unless the
defendant is otherwise legally entitled to be resentenced."
Case Notes
Extended sentence imposed on multiple offender held not cruel
and unusual punishment. 56 H. 343, 537 P.2d 724 (1975).
Breach of plea agreement by prosecutor resulting from
participation in extended term hearing may be remedied by remand for
resentencing by another judge. 60 H. 93, 588 P.2d 412 (1978); 60 H. 104, 588
P.2d 408 (1978).
Participation by prosecutor in hearing for extended term
sentencing, even though pursuant to order of court, constituted breach of plea
agreement. 60 H. 93, 588 P.2d 412 (1978).
No abuse of discretion in court sentencing defendant to
extended terms of imprisonment under this section and §706-662 where, inter
alia, court considered each of the factors enumerated in §706-606 and all the
mitigating factors raised by defendant. 83 H. 335, 926 P.2d 1258 (1996).
As §706-600 and this section do not authorize a court to
impose a single sentence on a defendant who has been convicted of multiple
charges, trial court did not violate plea agreement by imposing a life term
for each class A felony defendant was convicted of, and then running each life
term concurrently. 91 H. 20, 979 P.2d 1046 (1999).
The constitutional prohibition against ex post facto measures
was not offended by the plain language of Act 1, L Sp 2007 2d, amending
§§706-662, 706-664, and this section regarding sentencing or resentencing for
extended terms of imprisonment, where it was clear that the new jury provisions
did not (1) increase criminal liability for conduct previously innocent, (2)
aggravate the degree of defendant's crimes, (3) increase the punishment
available at the time defendant committed defendant's crimes, or (4) alter
evidentiary standards to defendant's detriment. 117 H. 381, 184 P.3d 133
(2008).
The constitutional prohibition against ex post facto measures
was not offended by the retrospective application to defendant of Act 1, L Sp 2007
2d, amending §§706-662, 706-664, and this section, where Act 1 did not punish
as a crime an act previously committed which was innocent when done, make more
burdensome the punishment for the crime after its commission, nor deprive one
charged with the crime of any defense available according to the law when the
act was committed. 118 H. 68 (App.), 185 P.3d 816 (2008).
Notes of Decisions
Cited in
94
cases (
10 in the last 5 years), 1975–2026 · leading case:
State v. Jess, 184 P.3d 133 (Haw. 2008).
State v. Jess, 184 P.3d 133 (Haw. 2008).
· cites it 91× “1999), to a mandatory minimum sentence of six years and eight months imprisonment, (2) for an extended term of imprisonment of life with the possibility of parole as to Count I, pursuant to HRS §§ 706-661, 706-662(1), and 706-662(4)(a) (Supp.”
State v. Keohokapu, 276 P.3d 660 (Haw. 2012).
· cites it 114× “[5] On June 23, 2008, Respondent gave Petitioner notice that he was eligible to be sentenced to an extended term of imprisonment as a persistent offender pursuant to HRS §§ 706-661 (Supp.2008) [6] & 706-662(1) (Supp.”
State v. Maugaotega, 168 P.3d 562 (Haw. 2007).
· cites it 56× “We explained that the two-stage extended term sentencing process articulated in Huelsman is limited to enhanced sentencing, such as extended prison terms pursuant to HRS §§ 706-661, 706-662, and 706-664[ (1993) [4] ], in which the "determination that the defendant is a member of…”
State v. Rivera, 102 P.3d 1044 (Haw. 2004).
· cites it 24× “Moreover, the commentary to HRS § 706-660 contains a footnote, which states that "[i]t must, however, be remembered that the Code grants the court the power to impose an extended term of imprisonment" pursuant to HRS § 706-661 (1993 & Supp.”
State v. Austin, 422 P.3d 18 (Haw. 2018).
· cites it 16× “The circuit court ruled that it was not improper for the prosecutor to argue that Austin's testimony was unworthy of belief and that he had lied to the police and jury. The circuit court also determined that the State's narrative was supported by the evidence adduced at trial…”
State v. Hussein. , 229 P.3d 313 (Haw. 2010).
· cites it 10× “5 (1993) and HRS § 706-606, and (3) extended term sentencing, pursuant to HRS § 706-661 (Supp.2006) and HRS § 706-662(1) and (4)(a) (Supp.”
State v. Cutsinger, 185 P.3d 816 (Haw. App. 2008).
· cites it 31× “” On May 4, 2006, prior to sentencing, Plaintiff-Appellee State of Hawaii (the State) filed a motion for an extended term of imprisonment, pursuant to HRS §§ 706-661 and 706-662(1) (Supp.2003), 3 seeking a ten- *70 year term of imprisonment for the seeond-degree-burglary count.”
State v. White, 129 P.3d 1107 (Haw. 2006).
· cites it 14× “Hence, in the "subsequent sections" referred to, such as HRS § 706-661, an "extended term[ ]" for a class C felony is set at ten years, HRS § 706-661(4) (Supp.”
Flubacher v. State., 414 P.3d 161 (Haw. 2018).
· cites it 8× “HRS § 706-661 (Sentence of imprisonment for felony; extended terms) (Supp.”
State v. Gaylord, 890 P.2d 1167 (Haw. 1995).
· cites it 8× “While this is a slight departure from the restricted recognition accorded consecutive sentences by the [MPC], this [HPC] takes the position that the sections providing for extended terms of imprisonment [ see HRS §§ 706-661 (1985), 706-662 (Supp.1992), and 706-664 (Supp.”
State v. Loa, 926 P.2d 1258 (Haw. 1996).
· cites it 8× “As his final point of error on appeal, Loa asserts that the sentence imposed upon him by the trial court “was arbitrary and capricious, constituted cruel and unusual punishment, and was a clear and manifest abuse of discretion.” For the reasons discussed in this section, we…”
State v. Auld., 361 P.3d 471 (Haw. 2015).
· cites it 10× “3d 562, 577 (2007), with respect to our state’s extended sentencing procedures, which were subsequently codified at HRS §§ 706-661, -662, and-664 (2014). Recently, the United States Supreme Court extended the Apprendi rule to mandatory minimum sentencing.”
— Haw. Rev. Stat. § 706-661(1) — 6 cases
State v. Keohokapu, 276 P.3d 660 (Haw. 2012).
“[5] On June 23, 2008, Respondent gave Petitioner notice that he was eligible to be sentenced to an extended term of imprisonment as a persistent offender pursuant to HRS §§ 706-661 (Supp.2008) [6] & 706-662(1) (Supp.”
— Haw. Rev. Stat. § 706-661(2) — 1 case
— Haw. Rev. Stat. § 706-661(3) — 3 cases
— Haw. Rev. Stat. § 706-661(4) — 4 cases
State v. Rivera, 102 P.3d 1044 (Haw. 2004).
“Moreover, the commentary to HRS § 706-660 contains a footnote, which states that "[i]t must, however, be remembered that the Code grants the court the power to impose an extended term of imprisonment" pursuant to HRS § 706-661 (1993 & Supp.”
State v. White, 129 P.3d 1107 (Haw. 2006).
“Hence, in the "subsequent sections" referred to, such as HRS § 706-661, an "extended term[ ]" for a class C felony is set at ten years, HRS § 706-661(4) (Supp.”
— Haw. Rev. Stat. § 706-661(h) — 1 case
State v. White, 129 P.3d 1107 (Haw. 2006).
“Hence, in the "subsequent sections" referred to, such as HRS § 706-661, an "extended term[ ]" for a class C felony is set at ten years, HRS § 706-661(4) (Supp.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.