PHOTO ILLUSTRATION BY KIP AOKI / KAOKI@STARBULLETIN.COM
A law meant to open prison
Categories of early-release candidates
space by offering rehabilitation to
certain inmates has applied
to just 45 people so farBy Debra Barayuga
dbarayuga@starbulletin.comOnly 45 inmates are eligible under a new law passed earlier this year that calls for probation and drug treatment for non-violent first-time drug offenders.
Of the 45, 12 inmates -- including two women -- were released since June and three more await release as soon as slots at drug treatment programs become available.
The Department of Public Safety drew up the 45 names earlier this year in response to the law, Act 161, and submitted them to the Hawaii Paroling Authority -- the agency that screens inmates and decides if and when they can be released.
The most serious offense this group was convicted of was Class C drug felonies -- the least serious of felony drug offenses that involve possession or use of small amounts of drugs, including paraphernalia. They are serving no more than a maximum five-year sentence for their crimes and haven't been convicted of violent crimes.
"The parole board is not going to release anyone out on parole that they feel endangers the public," said Tommy Johnson, Paroling Authority administrator.
Inmates who are let go prior to completing their minimum term, provided they meet certain requirements, are considered "early release."
The early releases called for by Act 161 are part of an initiative begun in May by the Department of Public Safety and the Paroling Authority to review Hawaii's inmate population and identify categories of who may be eligible for early parole. The review also stemmed from Gov. Ben Cayetano's call for the release of more than 300 low-risk inmates to relieve overcrowding in Hawaii's prisons.
STAR-BULLETIN FILE PHOTO
Arnold Willets was wanted for parole violation when he drove the above truck Oct. 4 and was killed in a shootout with police. Critics cite Willets' case as a argument against early-release laws.
Cayetano called Act 161 the first big step in treating nonviolent people who get into trouble because of drugs. Prison officials hope that by releasing inmates into community-based treatment programs, valuable space will be freed up for more violent offenders and result in a reduction in crime and recidivism.
As of Nov. 4, there were 3,799 inmates housed in Hawaii's eight prisons, which have a capacity of 3,487. Another 81 are state-custody inmates being held at the federal detention center and an additional 1,302 are housed at three privately run mainland prisons.
Only one of the 16 cases reviewed so far by the parole board was denied early release. The inmate had a 1994 misdemeanor conviction for carrying a deadly weapon.
In general, parole is denied if the individual has other pending charges, is convicted of other charges besides nonviolent offenses or has a criminal history, Johnson said.
The board expects to hold hearings for the remaining 29 only after it has found appropriate treatment slots at substance abuse programs, Johnson said.
Without looking at each inmate's past history and the facts and circumstances of each case, city Prosecutor Peter Carlisle said he could not comment on whether the number of inmates granted release was appropriate.
He said the 45 inmates who were considered first-time nonviolent drug offenders is a lot more than he expected.
"If these are genuinely first-time drug offenders who have no other record and the amounts are small, I'd like to learn that," he said.
Both Johnson and Public Safety Director Ted Sakai agree that the public's safety is their primary concern when deciding whom to release.
Still, no one can accurately predict how inmates will behave once they are released, they said.
"You are dealing with human behavior, which is not an exact science," Sakai said.
That's why there are two levels of screening, by the Department of Public Safety and the Paroling Authority, he said. They evaluate the inmates' records before entering prison, their behavior in prison, including completion of required programs, and payment of restitution and fines. They also consider the nature of the crimes, impact on the victim and the community, the defendants' degree of involvement in the offenses and their assistance in solving the crimes.
Under Act 161, the parole board will not release inmates directly into the community but rather into a program that meets their needs, including substance abuse treatment.
The Department of Public Safety is also hiring six additional part-time parole officers to monitor early releases and ensure they abide by the strict conditions of their release, Sakai said.
The parole board will continue to monitor parolees until they have "maxed out" or served their maximum sentence. Parole violations can result in incarceration for the remainder of their maximum sentence.
Critics of early release cite recent incidents involving newly released parolees, such as Arnold Willets, as reasons why inmates should be let out later, not sooner.
Willets, who was killed during a shootout with police in Kaneohe last month, was not released early under Act 161 or the population management initiative, Johnson said.
"He would not have qualified under early release because of his past history of violence," he said.
Willets was denied a reduction in his minimum and denied parole twice. And although Willets completed all programming ordered by the parole board, he was incarcerated one year after his initial minimum parole date before he was released, Johnson said.
Public Safety also identified 437 inmates who may qualify for release under six other categories besides the nonviolent first-time drug offenders.
Sex offenders, murderers and domestic violence offenders are not considered, Johnson said.
As of Oct. 17, the parole board has held hearings on 225 and over two-thirds have been denied, Johnson said.
Just because inmates meet one of the criteria does not mean they are guaranteed early release.
One of the cases Sakai screened was an inmate who was seriously ill but had been sentenced recently for an offense involving the use of a firearm.
"We said no, we won't release someone like that," Sakai said.
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Early-release candidates
Categories of inmates identified under the population management initiative:1. Inmates who are terminally ill and have not been convicted of violent crimes or sale of drugs.
2. Inmates 55 and older who have served 60 percent of their minimum sentences and have achieved minimum custody or better.
3. Inmates who have deportation orders pending upon their being paroled.
4. Inmates who agree to parole to other states and not to return to Hawaii.
5. Inmates whose maximum sentences will expire within one year, have completed all required programs and have achieved minimum custody or better.
6. Inmates whose maximum sentences will expire before the end of the year.
7. Nonviolent, first-time drug offenders.
