HB 1247 Summary

• Allows parties aggrieved by a circuit court judgment on a minimum term order to appeal to the Intermediate Appellate Court by amending section 641-11, Hawaii Revised Statutes.

• Requires prisoners to continue receiving counsel representation in petitions challenging minimum term proceedings filed within 90 days of the minimum term order being issued.

• Directs the Hawaii Supreme Court to establish rules governing the form, content, parties, hearings, and referral to the public defender for minimum term challenge petitions.

• Establishes six specific grounds for challenging a minimum term order: constitutional or statutory violations, excess of authority, unlawful procedure, error of law, clear error on the record, or arbitrary/capricious/abusive discretion.

• Takes effect July 1, 3000.