Parole board
waits in limbo

Without at least two members
on board, the authority
cannot carry out the law

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By Rod Antone
rantone@starbulletin.com

It could be a month before the Hawaii Paroling Authority is able to function again, according to state officials.

The board was left with only one member after two members resigned within the last month.

In the meantime, Lt. Gov. James "Duke" Aiona said nominees could serve as interim board members pending Senate confirmation next year but that finding replacements should not be rushed.

"It's a process that we know is urgent, that needs to be done because there are statutory mandates also in regards to when people need to have their hearings," Aiona said.

"I doubt it can be done within the next month or so or before the (legislative) session ends."

Senate Judiciary Committee Chairwoman Colleen Hanabusa said it might be possible for the Senate to confirm new board members before the end of session, however, Gov. Linda Lingle would have to nominate someone soon.

"The process would be to put them through same process as all department heads," said Hanabusa (D, Nanakuli-Makua). "We would send them a questionnaire and schedule a hearing. If we get the information back, we could confirm them by the end of April."

The problem was accelerated Wednesday when Lani Rae Garcia resigned after having been arrested and charged with two counts of misdemeanor abuse last month. On March 11, Lingle accepted the resignation of former board Chairman Al Beaver amid allegations he misused his post.

Acting Chairwoman Mary Tiwanak is the remaining member of the board, which handles between 350 to 400 parole hearings a month. Without at least one other member, the board cannot function.

"The parole board drives the prison population, so to speak, so we want to make sure that the board that gets chosen is not only in sync with one another ... but I think, more importantly, to be in line with the objectives and directives of the new administration," said Aiona, a former state judge.

Defense attorneys said they hope the replacement process does not take too long.

"We're concerned, but we understand that the governor and the Department of Public Safety need time to address this problem," said Chief Deputy Public Defender Dean Yamashiro.

Attorney Brook Hart said, "It's an institution that needs to be up and operating at all times."

Aiona said the law requires that anyone sentenced to prison must be given a parole hearing within six months.

Paroling Authority administrator Tommy Johnson said 21 felons scheduled for parole revocation hearings on Wednesday were returned to prison until the hearings can be rescheduled.

All were arrested on parole violation charges about six weeks ago. The law requires that revocation hearings before the parole board be held within 60 days, barring unforeseen delays.