§353-68 Parole, how initiated and granted. (a) Paroles may be granted by the Hawaii paroling authority at any time after the prisoner has served the minimum term of imprisonment fixed according to law; provided that where a fine has also been imposed, which has not been paid, and if the prisoner has been imprisoned for at least thirty days, the paroling authority upon being satisfied that the prisoner has petitioned the court for revocation of all or part of such fine pursuant to section 706-645, may nevertheless parole the prisoner without payment of the fine, either with or without the condition, subject to determination by the court under section 706-645, that while on such parole the prisoner make payment of the fine as the paroling authority deems proper under the circumstances. The proceedings to obtain parole may be initiated by the written recommendation of the superintendent to the paroling authority or may be initiated by the paroling authority without any such recommendation.
(b) The governor shall have like power to revoke the parole of any prisoner. The written authority of the governor shall likewise be sufficient to authorize any police officer to retake and return the prisoner to prison. The governor's written order revoking the parole shall have the same force and effect and be executed in like manner as the order of the chairperson of the paroling authority.
(c) The paroling authority shall act by majority of all its members in respect of all proceedings touching the parole of prisoners. [L 1931, c 126, §4; RL 1935, §6456; am L 1939, c 203, pt of §6; am L 1943, c 207, §2; RL 1945, §3961; RL 1955, §83-66; am L 1957, c 308, §3; am L 1963, c 34, §1; HRS §353-68; am L 1976, c 92, pt of §8; am L 1981, c 163, §1; gen ch 1985, 1993]
Cross References
Consequences of nonpayment of fine, see §706-644.
Parole procedure, see §706-670.
Case Notes
No due process liberty interest in parole is created under this section. 795 F. Supp. 1020 (1992).
Parole and minimum sentence under prior law. 28 H. 268 (1925).
Structure Hawaii Revised Statutes
353-1 to 353-50 OLD REPEALED. §353-1 Definitions; director may delegate powers.
353-5 Offender release recommendations to the court.
353-6 Establishment of community correctional centers.
353-6.2 Community correctional centers; periodic reviews of pretrial detainees.
353-6.5 Gender-responsive, community-based programs for female offenders.
353-7 High security correctional facility.
353-8 Conditional release centers for committed persons.
353-9 Establishment of temporary correctional facilities.
353-10 Intake service centers.
353-10.5 Intermediate sanctions; eligibility; criteria and conditions.
353-11.5 Restricted access to correctional facilities.
353-12 Correctional records, documents.
353-12.5 Public assistance; inmates; monthly reports to department of human services.
353-13 Examination by medical officer.
353-13.2 REPEALED. L 1998, c 194, §10.
353-13.4 Substance abuse testing of inmates.
353-13.5 Election of private medical or psychological care by prisoners.
353-13.7 Initiation of proceeding for involuntary medical treatment.
353-14 Cash furnished discharged committed person, when.
353-15 Transfer of committed persons affected with communicable disease.
353-16 Transfer of committed felon to federal institution.
353-16.2 Transfer of inmates to out-of-state institutions.
353-16.3 Development of out-of-state Hawaii correctional facilities.
353-16.5 Transfer of offenders under treaty; authority of governor.
353-16.35 Development or expansion of in-state correctional facilities.
353-16.36 Contracts for construction of correctional facilities by private entities.
353-16.37 Community partnering.
353-17 Committed persons, furlough, employment.
353-18 Director to fix committed persons' compensation.
353-19 Compensation for labor or training by committed persons.
353-20 Custody of moneys; accounts for committed persons, etc.
353-21 Withdrawals; forfeitures; etc.
353-22 Earnings exempt from garnishment, etc.
353-22.8 Orders for payment of child support.
353-23 Disposition of property subject to action for damages.
353-24 Conservators of committed persons, appointed when.
353-25 Powers and duties of conservator.
353-26 Removal of conservator.
353-27 Compensation; expenses.
353-28 Property given to committed persons.
353-28.5 Visits from family members.
353-29 What officials may visit.
353-31 Revolving funds for correctional facility stores.
353-34 Probation services fee; assessment.
353-35 Incarcerated parents; data collection.
353-61 Hawaii paroling authority; appointment; tenure; qualifications.
353-62 Hawaii paroling authority; responsibilities and duties; operations; records, reports, staff.
353-63 Service of Hawaii paroling authority members; compensation; expenses.
353-63.5 Intermediate sanctions; eligibility; criteria and conditions.
353-64 Committed persons paroled.
353-65.5 Reports to county clerk.
353-66 Terms and conditions of parole; suspension and revocation.
353-66.5 Suspension or revocation; arrest warrants arising from traffic violations.
353-67 Education as condition for paroles.
353-68 Parole, how initiated and granted.
353-71 Parole officer and assistant parole officers.
353-72 Pardons; reference to paroling authority.
353-101 Authorization to director of public safety or the appropriate officer and the governor.
353-103 Validity of existing contracts.
353-122 Limitation on use of restraints.
353-133 Satisfaction of victims' rights to notification.
353-134 Compliance by department; no cause of action.
353-135 Law enforcement cooperation.
353-136 Automated victim information and notification system special fund; authorization of payment.
353-137 Automated victim information and notification system governance committee.