HB 2288: Parole Eligibility; Required Programs

A BILL FOR AN ACT

RELATING TO PAROLE ELIGIBILITY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that participation in treatment, work furlough, and other programs designed to assist committed persons with successful reintegration back into the community enhances rehabilitation and reduces recidivism.  The legislature further finds that treatment programs address substance abuse and alcohol addiction, mental health illness, and deviant sexual behaviors; work furlough provides opportunities to secure employment, increase financial stability, resocialize with family and support networks, and secure housing before release; and other programs, such as those focused on cognitive skills, parenting skills, and anger management, enhance skills to manage daily living activities and challenging situations.

     Accordingly, the purpose of this Act is to expand the types of programs in which a committed person can participate to be eligible for parole to include treatment, work furlough, and other programs designed for successful reintegration.

     SECTION 2.  Section 353-64, Hawaii Revised Statutes, is amended to read as follows:

     "§353-64  Committed persons paroled.  Any committed person confined in any state correctional facility in execution of any sentence imposed upon the committed person, except in cases where the penalty of life imprisonment not subject to parole has been imposed, shall be subject to parole in the manner and form as set forth in this part; provided that the committed person shall be paroled in the county where the committed person had a permanent residence or occupation or employment [prior to] before incarceration, unless[:] the committed person will:

     (1)  [The committed person will reside] Reside in a county in which the population exceeds [eight-hundred] eight hundred thousand persons;

     (2)  [The committed person will be] Be released for immediate departure from the State; or

     (3)  [The committed person shall be] Be released to the county in the State in which the committed person has the greatest family or community support, opportunities for employment, job training, education, treatment, and other social services, as determined by the Hawaii paroling authority; provided that to be considered for parole to another county in the State, the committed person shall provide a written request to the department [not] no less than six months [prior to] before the expiration of the committed person's longest minimum sentence[.

Provided]; provided further that, to be eligible for parole, the committed person, if the person is determined by the department to be suitable for participation, [must] shall have been a participant in an academic, treatment, or vocational education[, or] program, including participation in work furlough if so recommended; prison industry program; or other programs designed to assist the committed person with successful reintegration back into the community.  Such programs shall be authorized by the department, and [must] the committed person shall have been involved in or completed the [program] programs to the satisfaction of the department[; and provided further that this].  This precondition for parole shall not apply if the committed person is in a correctional facility where [academic, vocational education, and prison industry] the required programs or related facilities are not available.  A grant of parole shall not be subject to acceptance by the committed person[.], and the foregoing program participation requirements may be waived at the discretion of the Hawaii paroling authority.  If the committed person is eligible for movement to a facility where recommended programming is available and the department fails to move the individual to a facility where such programming is available, the Hawaii paroling authority shall waive the program requirements for that person and shall not deny parole due to failure to participate in that program."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 3000.

Report Title:

Parole Eligibility; Required Programs

Description:

Expands the types of programs in which a committed person may participate to be eligible for parole.  Effective 7/1/3000.  (HD2)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO PAROLE ELIGIBILITY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that participation in treatment, work furlough, and other programs designed to assist committed persons with successful reintegration back into the community enhances rehabilitation and reduces recidivism.  The legislature further finds that treatment programs address substance abuse and alcohol addiction, mental health illness, and deviant sexual behaviors; work furlough provides opportunities to secure employment, increase financial stability, resocialize with family and support networks, and secure housing prior to release; and other programs, such as those focused on cognitive skills, parenting skills, and anger management, enhance skills to manage daily living activities and challenging situations.

     Accordingly, the purpose of this Act is to include treatment, work furlough, and other programs designed for successful reintegration to the types of programs in which a committed person can participate to be eligible for parole.

     SECTION 2.  Section 353-64, Hawaii Revised Statutes, is amended to read as follows:

     "§353-64  Committed persons paroled.  Any committed person confined in any state correctional facility in execution of any sentence imposed upon the committed person, except in cases where the penalty of life imprisonment not subject to parole has been imposed, shall be subject to parole in the manner and form as set forth in this part; provided that the committed person shall be paroled in the county where the committed person had a permanent residence or occupation or employment prior to incarceration, unless:

     (1)  The committed person will reside in a county in which the population exceeds eight-hundred thousand persons;

     (2)  The committed person will be released for immediate departure from the State; or

     (3)  The committed person shall be released to the county in the State in which the committed person has the greatest family or community support, opportunities for employment, job training, education, treatment, and other social services, as determined by the Hawaii paroling authority; provided that to be considered for parole to another county in the State, the committed person shall provide a written request to the department not less than six months prior to the expiration of the committed person's longest minimum sentence[.

Provided]; provided further that to be eligible for parole, the committed person, if the person is determined by the department to be suitable for participation, [must] shall have been a participant in an academic, treatment, or vocational education[, or] program, including participation in work furlough if so recommended; prison industry program; or other programs designed to assist the committed person with successful reintegration back into the community.  Such programs shall be authorized by the department, and [must] the committed person shall have been involved in or completed the [program] programs to the satisfaction of the department[; and provided further that this].  This precondition for parole shall not apply if the committed person is in a correctional facility where [academic, treatment, vocational education, and prison industry] the required programs or related facilities are not available.  A grant of parole shall not be subject to acceptance by the committed person[.], and the foregoing program participation requirements may be waived at the discretion of the Hawaii paroling authority."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 3000.

Report Title:

Parole Eligibility; Required Programs

Description:

Expands the types of programs in which a committed person may participate to be eligible for parole.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO PAROLE ELIGIBILITY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that participation in treatment, work furlough, and other programs designed to assist committed persons with successful reintegration back into the community enhances rehabilitation and reduces recidivism.  The legislature further finds that treatment programs address substance abuse and alcohol addiction, mental health illness, and deviant sexual behaviors; work furlough provides opportunities to secure employment, increase financial stability, resocialize with family and support networks, and secure housing prior to release; other programs (such as cognitive skills, parenting skills, anger management) enhance skills to manage daily living activities and challenging situations.

     Accordingly, the purpose of this Act is to amend section 353-64, Hawaii Revised Statutes, to include treatment, work furlough, and other programs designed for successful reintegration in addition to academic, vocation education, and prison industry programs.

     SECTION 2.  Section 353-64, Hawaii Revised Statutes, is amended to read as follows:

     "§353-64  Committed persons paroled.  Any committed person confined in any state correctional facility in execution of any sentence imposed upon the committed person, except in cases where the penalty of life imprisonment not subject to parole has been imposed, shall be subject to parole in the manner and form as set forth in this part; provided that the committed person shall be paroled in the county where the committed person had a permanent residence or occupation or employment prior to incarceration, unless:

     (1)  The committed person will reside in a county in which the population exceeds eight-hundred thousand persons;

     (2)  The committed person will be released for immediate departure from the State; or

     (3)  The committed person shall be released to the county in the State in which the committed person has the greatest family or community support, opportunities for employment, job training, education, treatment, and other social services, as determined by the Hawaii paroling authority; provided that to be considered for parole to another county in the State, the committed person shall provide a written request to the department not less than six months prior to the expiration of the committed person's longest minimum sentence.

Provided further that to be eligible for parole, the committed person, if the person is determined by the department to be suitable for participation, must have been a participant in an academic, treatment, vocational education, [or] including participation in work furlough if so recommended, prison industry [program] or other programs designed to assist the committed person with successful reintegration back into the community authorized by the department and must have been involved in or completed the [program] programs to the satisfaction of the department; and provided further that this precondition for parole shall not apply if the committed person is in a correctional facility where academic, treatment, vocational education, [and] work furlough, prison industry [programs], or other programs designed to assist the committed person with successful reintegration back into the community, or facilities are not available.  A grant of parole shall not be subject to acceptance by the committed person[.] and program requirements can be waived at the discretion of the Hawaii paroling authority."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

Parole Eligibility

Description:

Amends section 353-64, HRS, to include participation in correctional programs for parole eligibility:  (1) treatment (substance abuse, mental health, sex offender); (2) work furlough as part of vocational education; and (3) other programs designed to assist the committed person with successful reintegration back into the community; all of which are in the scope of programs determined by Department of Corrections and Rehabilitation's Receiving and Diagnostic (RAD) assessments and recommended for parole eligibility.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO.  1143-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 2288

      H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 2288, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PAROLE ELIGIBILITY,"

begs leave to report as follows:

     The purpose of this measure is to expand the types of programs in which a committed person may participate to be eligible for parole by including treatment programs, work furlough, and other reintegration-focused programs.

     Your Committee received testimony in support of this measure from the Office of the Public Defender; Office of Hawaiian Affairs; State Council on Mental Health; Hawaii Paroling Authority; Hawaii Substance Abuse Coalition; Community Alliance on Prisons; and two individuals.  Your Committee received comments on this measure from the Hawaii Correctional System Oversight Commission.

     Your Committee finds that participation in treatment, work furlough, and reintegration focused programs equips committed persons with essential tools for stability, including behavioral health support, employment readiness, and opportunities for gradual resocialization before release from incarceration.  Your Committee further finds that expanding eligible programs aligns with Hawaii's for rehabilitating incarcerated persons and helps address criminogenic needs identified through risk and needs assessments.  This measure will promote fairer, more effective pathways to rehabilitation and safer reintegration into the community.

     Your Committee has amended this measure by:

     (1)  Requiring the Hawaii Paroling Authority to waive program requirements and not deny parole in situations where recommended programming is available and the Department of Corrections and Rehabilitation fails to move an individual; and

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2288, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 2288, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

STAND. COM. REP. NO.  397-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 2288

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Public Safety, to which was referred H.B. No. 2288 entitled:

"A BILL FOR AN ACT RELATING TO PAROLE ELIGIBILITY,"

begs leave to report as follows:

     The purpose of this measure is to include treatment, work furlough, and other programs designed for successful reintegration to the types of programs in which a committed person can participate to be eligible for parole.

     Your Committee received testimony in support of this measure from the Office of Hawaiian Affairs; Hawaii Paroling Authority; Office of the Public Defender; CARES; and one individual.  Your Committee received testimony in opposition to this measure from the Hawaiʻi Correctional System Oversight Commission.

     Your Committee finds that the Department of Corrections and Rehabilitation has adopted a paradigm shift from a punitive to a rehabilitative and re-entry model for committed persons.  Your Committee further finds that this measure supports and aligns with this change in approach by the Department.

     Your Committee has amended this measure by:

     (1)  Clarifying that in its discretion, the Hawaii Paroling Authority may waive program participation requirements;

     (2)  Changing its effective date to July 1, 3000, to encourage further discussion; and

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Public Safety that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2288, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2288, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Public Safety,