Lawmakers eye review of Hawaii’s ‘redundant’ process of setting minimum sentences

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Published: Feb. 8, 2023 at 5:12 PM HST
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HONOLULU (HawaiiNewsNow) - Hawaii is the only state with a two-step process for determining a prisoner’s sentence.

But that could soon change.

State Rep. Gregg Takayama, vice chair of the House Judiciary and Hawaiian Affairs Committee, said lawmakers could soon assign a task force to review the practice.

Under the current process, the judge presiding over the case decides on the maximum term for a defendant convicted after reviewing the victims’ statements, pre-sentencing reports, criminal history and other factors.

But weeks later, the Paroling Authority then holds another hearing to determine the minimum term before a defendant is eligible for parole.

“It does seem redundant,” said Takayama, adding the parole board spends about 30% of its time on this post-conviction minimum sentencing process.

Takayama said they could instead spend more time reviewing an offender who is coming up for parole.

“Tracking their progress in rehabilitation programs in literacy programs in work programs, to see that they’re making the transition from inmate to citizen,” Takayama said.

State Sen. Karl Rhoads, chair of the Senate Judiciary Committee, agreed that the process is worth another look.

Former deputy prosecutor turned defense attorney Victor Bakke said getting rid of the minimum sentencing hearing makes it easier for everyone involved.

“It’s in open court. It’s done by the judge that knows the history of the case,” Bakke said.

Takayama said it could take a year for a task force to review the process and make recommendations.