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HI SB977
Bill
Status
1/20/2023
Primary Sponsor
Karl Rhoads
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AI Summary
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Allows defendants to file a motion in their original criminal case seeking judicial review of orders fixing minimum terms of imprisonment issued by the Hawaii paroling authority, rather than filing a new civil petition in circuit court.
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Sentencing court may modify the order or remand to the Hawaii paroling authority if the minimum term order violates constitutional or statutory provisions, exceeds the authority's jurisdiction, results from unlawful procedure, contains other error of law, is clearly erroneous, or is arbitrary, capricious, or an abuse of discretion.
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Defendant must file the judicial review motion within 90 days of issuance and service of the minimum term order.
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Allows public defenders to continue representing defendants on appeal and raise errors from minimum term hearings, addressing the blind spot in indigent representation under current law.
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Amends Chapter 661B to replace the exclusive remedy provision with an offset provision requiring any recovery under the wrongful conviction and imprisonment chapter to offset dollar-for-dollar awards in other civil actions seeking compensation for actual innocence.
Legislative Description
Relating To The Judiciary.
Imprisonment
Last Action
Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM.
2/17/2023