Bill > HB1247

This bill reforms the process for challenging minimum term orders issued by the Hawaii Paroling Authority (HPA) for incarcerated individuals. Currently, inmates must use Hawaii Rules of Penal Procedure (HRPP) Rule 40, a complex civil procedure that requires them to file petitions without guaranteed legal representation, which the legislature and Hawaii Supreme Court recognize as burdensome and ineffective. The bill creates a new mechanism allowing parties to appeal minimum term orders directly to the Intermediate Appellate Court, with continued representation by counsel. Specifically, it allows prisoners to file petitions within 90 days of a minimum term order, with grounds for challenge including constitutional violations, exceeding statutory authority, procedural errors, legal mistakes, being clearly erroneous based on evidence, or demonstrating arbitrary decision-making. The Supreme Court will establish rules governing these petition procedures, and the Office of the Public Defender will continue representing prisoners through this process. By creating a more straightforward appellate path, the bill aims to increase fairness, provide better due process, and reduce the number of complicated post-conviction petitions, ultimately seeking to improve efficiency in the criminal justice system. The bill will take effect on July 1, 3000 (likely a typographical error that should read a more near-future date).

Budget and Finance, Justice

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=HB&billnumber=1247&year=2026