The HPA’s primary function is in assessing and determining sentencing and evaluating those incarcerated for parole eligibility.

If a person is deemed fit for release, the HPA sets the terms for parole and is supposed to provide resources to assist in their reintegration into society. The authority also revokes parole if parolees violate the conditions or present risks to public safety.

Key Responsibilities

• Setting Minimum Terms: HPA holds administrative hearings to establish the minimum terms of imprisonment against judiciary-imposed maximum sentences. This hearing is instrumental in determining the length of a prison sentence.
• Evaluating Parole Eligibility: The HPA is responsible for assessing whether inmates are ready for parole, considering factors such as behavior during incarceration and potential risks to the community.
• Revoking Parole: HPA reviews cases where parole violations have occurred, determining whether to revoke parole and return individuals to prison.
• Setting Conditions for Parole: The authority sets rules for conduct while on parole and ensures parolees adhere to these conditions.
• Reintegration Support: HPA works closely with community resources to help parolees transition back into society, including providing support for substance abuse treatment, mental health care, and job placement.

At the Law Office of Caroline M. Elliot, we have extensive experience defending clients in parole cases and can guide you through the process with experienced legal support.

Contact us today for a FREE consultation to discuss your case and how we can help.

Becoming eligible for parole in Hawai`i involves several key steps, and the process is primarily overseen by the Hawai’i Paroling Authority (HPA).

Here’s an in-depth look at the eligibility criteria and what to expect:

1. Serving the Minimum Term of Imprisonment

One of the first requirements for parole eligibility is serving the minimum term of imprisonment.

After an individual is convicted and sentenced, the Hawai`i Paroling Authority establishes the minimum amount of time the individual must serve before becoming eligible for parole.

This minimum term is determined by the severity of the crime, the circumstances surrounding the case, and state sentencing guidelines.

The individual will not be eligible for parole until this minimum term is completed.

2. Parole Hearings

Once the minimum term has been served, the HPA will schedule a parole hearing to assess the individual’s readiness for release.

The parole hearing is a formal review process in which the board evaluates various factors to determine whether parole should be granted.

During this hearing, the parole board examines the individual’s behavior while incarcerated, participation in rehabilitation programs, and any signs of remorse or rehabilitation.

3. Institutional Behavior and Rehabilitation

A critical factor in parole eligibility is the individual’s conduct during incarceration.

Inmates who have demonstrated good behavior and have actively participated in programs aimed at rehabilitation, such as substance abuse treatment, vocational training, or counseling, are more likely to be considered for parole.

The HPA places a strong emphasis on whether the inmate has made genuine efforts to improve and is prepared to reintegrate into society.

4. Risk to Public Safety

The HPA must ensure that releasing an inmate on parole does not pose a significant risk to public safety. This includes:

• Evaluating the nature of the crime
• Whether the individual has a history of violence
• The likelihood of reoffending

The board may also consider input from victims or their families, as well as recommendations from correctional staff. The parole board needs to feel confident that the inmate will not endanger the community upon release.

5. Parole Plan and Community Support

The parole board also reviews the inmate’s parole plan, which outlines the individual’s living arrangements, employment prospects, and support systems upon release.

A strong parole plan can increase the chances of parole being granted, as it demonstrates that the individual has a stable environment and resources to help with their reintegration into society.

Community support, such as family involvement, job offers, or a place in a rehabilitation program, can play a crucial role in the board’s decision.

6. Decision and Conditions of Parole

If parole is granted, the HPA sets specific conditions for the inmate’s release.

These conditions often include maintaining regular contact with a parole officer, participating in continued rehabilitation programs, refraining from criminal activity, and adhering to curfews or other restrictions.

Violating these conditions could lead to a revocation of parole and re-incarceration.

What’s Important

In summary, becoming eligible for parole in Hawai’i involves serving the minimum required term, maintaining good behavior, demonstrating rehabilitation efforts, and presenting a solid plan for reintegration into society.

Working with an attorney can significantly improve your chances of success by ensuring all necessary preparations are made for the parole hearing and advocating on your behalf during the review process.

Contact us at the Law Office of Caroline M. Elliot for your FREE consultation and get started moving forward.

Reducing your minimum sentence or improving your chances of being granted parole in Hawai`i involves a combination of strategic legal steps and demonstrating personal rehabilitation.

The Hawai`i Paroling Authority (HPA) follows a specific process, and there are several ways that your attorney can help you achieve a favorable outcome.

Here’s an in-depth look at how this can be done:

Filing a Request for Reduction of Minimum Term

One of the primary methods for reducing your minimum sentence is through the formal process of filing a Request for Reduction of Minimum Term.

This request is submitted to the HPA, and it asks the parole board to reconsider the length of the minimum sentence you must serve before becoming eligible for parole. The request can be based on several factors, including:

• Your behavior while incarcerated
• Participation in rehabilitation programs
• Any evidence of your efforts to improve

Your attorney can help draft this request by gathering all relevant evidence and presenting a compelling case demonstrating you are ready for parole earlier than originally set.

This process requires legal experience, as the HPA must be convinced that your early release is justified and poses minimal risk to the community.

Demonstrating Good Behavior and Rehabilitation

One of the most important factors that the HPA considers when deciding whether to grant parole or reduce a minimum sentence is the inmate’s behavior during incarceration.

Demonstrating consistent good behavior, a positive attitude, and a commitment to self-improvement can significantly impact the HPA’s decision. This includes avoiding disciplinary infractions and also taking part in programs designed to rehabilitate inmates, such as:

• Substance Abuse Treatment Programs: Participation in substance abuse rehabilitation programs shows a commitment to change, especially if substance abuse played a role in your criminal behavior.
• Educational or Vocational Training: Completing educational programs, earning certifications, or participating in job training shows that you are preparing for a productive life outside of prison.
• Anger Management and Counseling Programs: If your crime involved violence, participating in anger management courses or psychological counseling can demonstrate your efforts to address any underlying issues.

Your attorney can highlight these accomplishments in your parole hearing or request for sentence reduction, showcasing your rehabilitation and readiness to reintegrate into society.

Building a Strong Parole Plan

A well-constructed parole plan is another key factor in reducing your sentence or increasing your chances of parole. The HPA will want to see that you have a concrete plan for reintegrating into the community.

This plan should include:

• Stable Housing Arrangements: Having a confirmed place to live is critical to a successful parole application. This could involve living with family, in a halfway house, or any other stable environment.
• Employment or Vocational Plans: Securing a job offer or enrollment in a vocational program shows that you will have a productive and law-abiding way to support yourself once released.
• Support Network: A strong network of family, friends, or community organizations that are willing to support you after your release can bolster your case for early parole. Support networks help show that you have people who will help you transition successfully into life outside prison.

Your attorney will work with you to create a parole plan that emphasizes your stability and support systems, giving the parole board confidence in your successful reintegration.

Participation in Restitution or Community Service

If your crime involved financial harm or damages to others, actively participating in restitution efforts can improve your chances of early release.

Making efforts to repay financial damages or engaging in community service demonstrates accountability and responsibility for your actions. The HPA may view this as a sign of genuine rehabilitation, which could favorably impact your parole prospects.

Your attorney can guide you through how to make restitution payments or contribute through community service in a way that strengthens your parole application or request for sentence reduction.

Plea Negotiations and Legal Advocacy

In some cases, your attorney may be able to negotiate a plea deal that includes provisions for a reduced sentence or early parole consideration.

While plea negotiations often occur before sentencing, there are instances where an attorney can reopen discussions based on new evidence or developments. This could include demonstrating rehabilitation, showing flaws in the original trial, or presenting new mitigating factors.

Additionally, having a skilled attorney advocate for you during parole hearings or sentence reduction requests can make a significant difference.

Your lawyer will know how to present your case effectively, navigate complex legal rules, and ensure that the HPA understands all the factors in your favor.

Your Chances For Parole

Reducing your minimum sentence or increasing your chances of parole involves a combination of legal action, personal rehabilitation, and careful preparation.

By filing the appropriate requests, demonstrating your commitment to change, building a solid parole plan, and having an experienced attorney by your side, you can significantly improve your chances of early release.

At the Law Office of Caroline M. Elliot, we are dedicated to helping you navigate this process and advocating for the best possible outcome.

Contact us today for a FREE consultation and to learn more about how we can help you reduce your sentence and secure your parole.

When granted parole in Hawai`i, you must adhere to a set of conditions established by the Hawai`i Paroling Authority (HPA). These conditions are designed to ensure that parolees are successfully reintegrated into society while protecting public safety.

Violating these conditions can result in serious consequences, including a parole revocation hearing and a potential return to prison. Below is an in-depth look at common parole conditions and steps you can take to comply with them.

Regular Reporting to a Parole Officer

One of the most basic conditions of parole is regularly reporting to a designated parole officer. This condition requires you to check in with your parole officer at scheduled intervals, whether in person, by phone, or in writing.

The parole officer’s role is to monitor your progress, help you stay on track with rehabilitation, and ensure compliance with other parole conditions.

• How to comply: Always attend your scheduled meetings, and maintain open and honest communication with your parole officer. If you face difficulties in meeting the conditions of parole, your officer can often help find solutions, so it’s crucial to establish a positive and transparent relationship.

Employment and Financial Responsibility

Many parolees are required to maintain steady employment or be actively seeking work. Employment helps demonstrate that you are taking steps toward financial independence and are less likely to re-offend.

Additionally, if you were ordered to pay restitution as part of your sentence, making regular payments toward this obligation is a condition of parole.

• How to comply: Secure employment as soon as possible, even if it’s a temporary or transitional job. If you’re struggling to find work, your parole officer or attorney may be able to connect you with vocational training or employment programs. Make regular payments toward any court-ordered restitution or fines.

Substance Abuse Testing and Treatment

If your crime involved drugs or alcohol, or if you have a history of substance abuse, the HPA may require you to participate in regular drug or alcohol testing and attend treatment programs.

This condition is meant to help you address any underlying addiction issues and avoid circumstances that may lead to reoffending.

• How to comply: Attend all required substance abuse treatment sessions and submit to drug or alcohol testing when requested. Maintaining sobriety is critical to staying in compliance, and failure to attend sessions or testing can lead to parole violations.

Geographic Restrictions and Travel Limitations

Parolees are often restricted in their movements, with rules in place that prevent them from leaving a specific geographic area without permission.

For instance, you may be required to remain within a particular county or state, and you must seek approval before traveling outside of these areas.

• How to comply: Always inform your parole officer if you need to leave your designated area, and get permission before making any travel plans. Even short trips outside your area could be considered a violation if not pre-approved.

Avoiding Criminal Activity and Associations

A fundamental condition of parole is avoiding any further involvement in criminal activity. This includes not committing new crimes, associating with known criminals, or engaging in behaviors that could lead to arrest.

This condition also prohibits you from possessing firearms, even if your original offense did not involve violence.

• How to comply: Stay away from individuals involved in criminal activity and avoid places where you may be tempted to break the law. Understand that even minor infractions, such as a DUI, can be grounds for parole revocation. If you feel pressured or in a situation where you might re-offend, reach out to your parole officer or support network for guidance.

Curfews or Electronic Monitoring

In some cases, the HPA may impose curfews or require electronic monitoring to track your whereabouts. This condition is common for high-risk parolees or those who need additional supervision to ensure compliance with other conditions of parole.

• How to comply: If you are subject to curfew or electronic monitoring, make sure to strictly follow the rules and timeframes set for you. If you encounter issues (such as needing to stay late at work), communicate this to your parole officer as soon as possible to avoid a violation.

Participation in Community or Rehabilitation Programs

You may be required to participate in community-based rehabilitation programs, such as anger management classes, vocational training, or mental health counseling.

These programs are intended to help you address any underlying issues that may have contributed to your criminal behavior and support your reintegration into society.

• How to comply: Attend all required programs, actively participate, and complete any coursework or requirements. Missing classes or dropping out of a program can result in a parole violation, so it’s important to stay engaged and committed.

Home Visits and Searches

Parole officers are typically allowed to conduct home visits or searches of your residence without prior notice to ensure compliance with parole conditions.

The HPA may also require you to live in specific housing arrangements, such as a halfway house or approved residence.

• How to comply: Keep your living situation stable and be prepared for unscheduled visits from your parole officer. If there are any changes in your housing or if you feel unsafe in your current living arrangements, notify your parole officer immediately.

Steps to Ensure Compliance

To avoid violating the conditions of your parole and jeopardizing your freedom, it is essential to follow these key steps:

• Maintain Communication with Your Parole Officer: Always keep your parole officer informed about your activities, challenges, or any changes in your situation. Open communication can prevent misunderstandings and violations.
• Stay Organized: Keep a calendar of required meetings, court dates, treatment sessions, and check-ins with your parole officer. Missing any of these could lead to a violation.
• Seek Support: If you’re struggling with any aspect of your parole conditions, such as finding a job or managing sobriety, don’t hesitate to seek help. Your attorney, parole officer, or support network can connect you with resources that can help you stay on track.
• Stay Away from High-Risk Situations: Avoid people, places, or activities that could lead to reoffending. Surround yourself with a positive support system to help you stay focused on rehabilitation.

Navigate the Terms of Your Parole

The conditions of parole are designed to help you successfully reintegrate into society while protecting public safety. Understanding and complying with these conditions is critical to avoiding violations and staying out of prison.

With the help of a knowledgeable attorney and the support of your parole officer, you can navigate the terms of your parole and build a path toward a productive, law-abiding future.

Get in touch with the Law Office of Caroline M. Elliot for a free consultation to discuss your situation and move forward to your best outcome!

If you are accused of violating parole in Hawai`i, it is crucial to take immediate action to protect your rights and minimize the risk of returning to prison.

A parole violation can occur if you fail to meet any of the conditions set by the Hawai`i Paroling Authority (HPA), such as missing check-ins with your parole officer, failing a drug test, or committing new crimes.

Here’s a detailed guide on what steps to take and how to build a defense for your revocation hearing.

Understand the Nature of the Alleged Violation

The first step in addressing a parole violation accusation is understanding exactly what condition of parole you are accused of breaking. Parole violations typically fall into two categories:

• Technical Violations: These are violations of the specific conditions of your parole that do not involve new criminal activity. Examples include failing to meet curfew, missing a scheduled meeting with your parole officer, or testing positive for drugs or alcohol.
• New Criminal Offenses: This occurs if you are arrested for or convicted of a new crime while on parole. A new criminal offense is considered a more serious violation and often leads to a higher likelihood of parole revocation.

You will be informed of the specific nature of the alleged violation, and you should share all details with your attorney as soon as possible. Understanding the accusation allows you and your attorney to prepare a defense that addresses the specific issues raised by the HPA.

Contact Your Attorney Immediately

When you are accused of a parole violation, the most important step is to contact your criminal defense attorney right away.

Your attorney will help you understand the legal implications of the violation and begin preparing your defense for the upcoming revocation hearing.

Why legal representation is critical: Parole revocation hearings are quasi-judicial proceedings, meaning that while they are not full-blown trials, they involve significant legal procedures. The outcome of the hearing could determine whether you return to prison or remain on parole.

A knowledgeable attorney can help present evidence, cross-examine witnesses, and argue for leniency or dismissal of the allegations.

Prepare for the Preliminary Revocation Hearing

The first step in the revocation process is the preliminary revocation hearing, which typically takes place shortly after the alleged violation.

This hearing determines whether there is probable cause to believe you violated your parole conditions. Your attorney can challenge the evidence against you and argue that the allegations are unfounded.

Steps to take before the hearing:

• Gather any evidence or witnesses that can support your case. This might include testimony from employers, friends, or family members, as well as documents that show your compliance with parole conditions.
• For example, if you missed a meeting with your parole officer due to an emergency, providing medical records or other relevant documentation could help prove that the violation was not intentional.

Challenge the Evidence

Challenging the evidence presented by the prosecution or the parole officer is one of the most effective ways to defend against parole violation accusations.

Depending on the nature of the violation, there are several strategies your attorney can use to question the reliability or sufficiency of the evidence.

• Technical violations: If the violation involves a missed appointment or curfew, your attorney may argue that the violation was the result of circumstances beyond your control. For instance, if you were stuck in traffic or had a medical emergency, your attorney can present this information to demonstrate that the violation was unintentional.

• Drug testing violations: If the violation involves a failed drug or alcohol test, your attorney can challenge the testing process. This may include questioning whether the test was administered correctly or whether the sample was handled properly. If there are discrepancies in the chain of custody or errors in the testing procedure, your attorney may argue that the results should be excluded from consideration.

• New criminal offenses: If you are accused of committing a new crime while on parole, your attorney will closely examine the charges. If the new offense is still pending, your attorney may argue that revocation should be postponed until the criminal case is resolved. If the new offense is dismissed or you are acquitted, your parole violation charge related to the offense may also be dropped.

Mitigating the Violation

In some cases, admitting to the violation may be in your best interest, especially if the evidence is strong. However, this does not mean your parole will automatically be revoked.

Your attorney can present mitigating factors to the HPA that could lead to a more lenient outcome, such as:

• Rehabilitation efforts: If you have been actively participating in rehabilitation programs, vocational training, or community service, your attorney can argue that these efforts demonstrate your commitment to self-improvement and reintegration into society.

   

• Personal circumstances: If the violation was due to personal hardship, such as a medical emergency, job loss, or family issues, these factors can be presented to the parole board to show that the violation was not due to willful neglect of your parole conditions.

   

• Good behavior history: If you have otherwise maintained good behavior throughout your parole, your attorney can argue that the violation is an isolated incident and that you have shown overall compliance with parole conditions.

The Parole Revocation Hearing

If the preliminary hearing finds probable cause for the violation, the case proceeds to the parole revocation hearing, where the HPA will decide whether to revoke or modify your parole.

This hearing is your opportunity to present a defense and explain why you should remain on parole.

The role of your attorney: During the revocation hearing, your attorney will present evidence and arguments on your behalf. This may include calling witnesses to testify about your compliance with parole conditions, challenging the credibility of the parole officer’s report, or presenting documents that support your case.

Your attorney may also negotiate with the HPA to modify the conditions of your parole rather than revoke it entirely.

Outcomes of the Revocation Hearing

There are several possible outcomes of a parole revocation hearing:

• No violation found: If your attorney successfully defends against the violation, the HPA may find that no violation occurred, and you will remain on parole under the original terms.
  
• Modification of parole conditions: In some cases, the HPA may decide not to revoke parole but instead modify the conditions. This might include increased supervision, additional counseling or rehabilitation programs, or curfews. 
• Revocation of parole: If the HPA finds that a violation occurred and the risk to public safety is high, they may revoke your parole. In this case, you will be returned to prison to serve the remainder of your sentence.

The Right Legal Representation Matters

Being accused of violating parole is a serious matter, but with the right legal representation, you can challenge the allegations and defend your freedom.

By understanding the nature of the violation, working closely with your attorney, and preparing a strong defense for your revocation hearing, you can increase your chances of avoiding re-incarceration.

At the Law Office of Caroline M. Elliot, we have extensive experience defending clients in parole revocation cases and can guide you through the process with experienced legal support. Contact us today for a FREE consultation to discuss your case and how we can help.

At the Law Office of Caroline M. Elliot, we believe that every individual deserves a second chance to rebuild their life.

Whether you are navigating the Hawai`i Paroling Authority’s sentencing or parole process or seeking information on how to comply with parole terms, we are here to provide the legal guidance and support you need.

Understanding the legal forms and statutes involved in the parole process can feel overwhelming, but we work closely with you to ensure that you have the right information at your fingertips.

Below, you’ll find easy access to the forms and statutes that are critical to your case, helping you stay informed and empowered on the path toward a brighter future.

Links to Legal Statutes

• HPA Administrative Rules Chapter 23-700
• HPA Guidelines for Establishing Minimum Terms of Imprisonment
• HPA Parole Handbook_Revised_09-2020

Links to Hawai’i Paroling Authority Forms

• Pardon Application – Revised July 2024
• Single Page Request for Reduction of Minimum Term Form
• Three Page Request to Initiate Reduction of Minimum Term Form
• Intrastate Application to Transfer Parole within the State of Hawai’i
• Interstate Application to Parole Outside of the State of Hawai’i

Contact us at the Law Office of Caroline M. Elliot for your FREE consultation and get started moving forward.

The Request for Reduction of Minimum Terms process in Hawai’i allows inmates to apply for a review of their minimum sentence length.

This process is overseen by the Hawai’i Paroling Authority (HPA) and involves two specific forms: the Request for Reduction of Minimum Terms and the Request to Initiate Reduction of Minimum Terms.

Here’s how the process works:

Filing the Request:

• Form 1: Request for Reduction of Minimum Terms: This form is completed by the inmate seeking to have their minimum sentence reduced. The inmate must provide details about their conviction, the minimum term set by the HPA, and reasons for requesting the reduction. Reasons may include rehabilitation efforts, good behavior, or successful completion of programs while incarcerated.
• Form 2: Request to Initiate Reduction of Minimum Terms: This form is filled out when the process is initiated by a prison official or other authority on behalf of the inmate. It outlines the same basic information and justification for reducing the sentence.

Review by the HPA

Once the request is submitted, the HPA reviews the application to determine whether the inmate has met certain criteria that warrant a reduction of the minimum sentence.

These criteria typically include the inmate’s behavior while incarcerated, participation in rehabilitation programs, and whether the reduction poses any risk to public safety.

Hearing and Decision

If the HPA finds the request reasonable, a hearing may be scheduled where the inmate’s case is discussed. The final decision on whether to reduce the minimum term rests with the HPA. They may choose to reduce the term, deny the request, or leave the sentence unchanged based on the information presented.

This process offers inmates the opportunity to have their minimum terms reviewed and potentially reduced, depending on their conduct and other mitigating factors.

You can access the relevant forms here:

Request for Reduction of Minimum Terms

Request to Initiate Reduction of Minimum Terms

Get in touch with us at the Law Office of Caroline M. Elliot for your FREE consultation and find a brighter future.