SB 3107: Parole Eligibility

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 enhance skills, such as cognitive skills, parenting skills, and anger management, 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] 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 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, 2050.

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.  Effective 7/1/2050.  (SD1)

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. 2369

Honolulu, Hawaii

RE:     S.B. No. 3107

        S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

     Your Committee on Public Safety and Military Affairs, to which was referred S.B. No. 3107 entitled:

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

begs leave to report as follows:

     The purpose and intent of this measure is to amend section 353-64, Hawaii Revised Statutes, to include participation in certain correctional programs for parole eligibility.

     Your Committee received testimony in support of this measure from the Department of Corrections and Rehabilitation, Office of the Public Defender, Hawaii Paroling Authority, Office of Hawaiian Affairs, Hawaii Substance Abuse Coalition, Hina Mauka, and two individuals.

     Your Committee received testimony in opposition to this measure from the Hawaii Correctional System Oversight Commission.

     Your Committee finds that certain programs, such as substance abuse and mental health treatment, sex offender rehabilitation, and work furloughs, can serve a critical role as pathways for parole.  Crucially, participation in specialized treatment and reintegration programs directly addresses the root causes of criminal behavior, leading to more successful and enduring community reentry.  When these programs count toward parole eligibility, inmates have a strong incentive to participate, thereby reducing the long-term risk of recidivism.  Ultimately, this measure will strengthen the State's rehabilitation system, improve public safety, and reduce the number of inmates who are perpetually incarcerated.

     Your Committee has amended this measure by:

     (1)  Inserting an effective date of July 1, 2050, to encourage further discussion; and

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

     Your Committee notes the concerns expressed by the Hawaii Correctional System Oversight Commission, that access to furlough and programming has been a consistent issue in the Department of Corrections and Rehabilitation.  Because of this ongoing challenge for the Department, establishing programming requirements for parole could unintentionally keep more individuals incarcerated.  Your Committee finds that this issue raises concerns that merit further consideration and requests further examination by your Committee on Judiciary, should it choose to deliberate on this measure.

     As affirmed by the record of votes of the members of your Committee on Public Safety and Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 3107, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 3107, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Public Safety and Military Affairs,