§706-656 - Terms of imprisonment for first and second degree murder and attempted first and second degree murder. - Hawaii Statutes

PART IV.  IMPRISONMENT

 

Law Journals and Reviews

 

  The abandonment of Punishment.  16 HBJ 63.

 

     §706-656  Terms of imprisonment for first and second degree murder and attempted first and second degree murder.  (1)  Persons convicted of first degree murder or first degree attempted murder shall be sentenced to life imprisonment without possibility of parole.

     As part of such sentence the court shall order the director of public safety and the Hawaii paroling authority to prepare an application for the governor to commute the sentence to life imprisonment with parole at the end of twenty years of imprisonment; provided that persons who are repeat offenders under section 706-606.5 shall serve at least the applicable mandatory minimum term of imprisonment.

     (2)  Except as provided in section 706-657, pertaining to enhanced sentence for second degree murder, persons convicted of second degree murder and attempted second degree murder shall be sentenced to life imprisonment with possibility of parole.  The minimum length of imprisonment shall be determined by the Hawaii paroling authority; provided that persons who are repeat offenders under section 706-606.5 shall serve at least the applicable mandatory minimum term of imprisonment.

     If the court imposes a sentence of life imprisonment without possibility of parole pursuant to section 706-657, as part of that sentence, the court shall order the director of public safety and the Hawaii paroling authority to prepare an application for the governor to commute the sentence to life imprisonment with parole at the end of twenty years of imprisonment; provided that persons who are repeat offenders under section 706-606.5 shall serve at least the applicable mandatory minimum term of imprisonment. [L 1986, c 314, §39; am L 1987, c 181, §6 and c 338, §10; am L 1989, c 211, §8; am L 1993, c 271, §2; am L 1996, c 15, §1]

 

COMMENTARY ON §706-656

 

  Act 271, Session Laws 1993, amended this section to provide that in cases designated under §706-657, the person may be sentenced to life imprisonment without possibility of parole.  The legislature felt that the court should have the discretion to determine when the circumstances of the murder justify the enhanced sentence, and that this discretion should be limited to those situations demonstrating exceptional depravity.  House Standing Committee Report No. 1171, Senate Standing Committee Report No. 689.

 

Case Notes

 

  For sentencing purposes, conspiracy to commit second degree murder is a class C felony under §706-610 and subject to the sentencing provisions of §706-660, not this section.  84 H. 280, 933 P.2d 617.

  Sentence for murder not an extended term.  6 H. App. 409, 723 P.2d 186.