Commutations and pardons a lengthy, involved process

Question: How does the governor know who he is pardoning from prison? What is the protocol for pardoning convicts? How can one get suggestions to him?

Answer: The governor of Hawaii has the power to grant pardons — officially forgiving a crime and restoring all civil liberties — and commutations — changing a legal penalty or punishment to a lesser one — for those convicted of a crime in a state court in Hawaii.

But he or she relies on the Hawaii Paroling Authority, the Department of Public Safety and the Attorney General’s Office to screen the cases first.

Donalyn Dela Cruz, spokeswoman for Gov. Neil Abercrombie, explained that the pardon process begins with filling out an application, which can be found at www.hawaii.gov/psd/attached-agencies/hpa.

Once properly filled out and submitted, the application is reviewed and investigated by the three state agencies.

Reviews and investigations often include interviews not only with the applicant, but also with those listed as references and others identified through investigations, Dela Cruz said.

“It can be a lengthy process.”

Since Abercrombie took office at the beginning of 2011, fewer than 20 “of the many requests” for pardons have reached his desk for final disposition, she said.

 “This does not include the dozens of personal letters asking for pardons for themselves or for family/ friends received by the office of the governor,” she said.

So far, Abercrombie has pardoned five people: Natalie Margaret Thompson, convicted in District Court in 2003 for third-degree assault; James S. Nakada (aka James S. Nakata and James S. Hakada), convicted in Circuit Court in 1996 for third-degree promotion of a dangerous drug and three counts of unlawful use of drug paraphernalia; Cherenfant Pierre-Louis, convicted in Family Court in 2010 for abuse of a family/household member; Sandra Kay Hines (Le Bron), convicted in Circuit Court in 1997 for prohibited acts related to drug paraphernalia, second-degree promotion of a dangerous drug and two counts of third-degree promotion of a dangerous drug; and Jacalyn Marna Bloom, convicted in 1972 of larceny.

(Larceny as a specific crime no longer exists in state statutes; instead it now falls under theft laws.)

During each of their eight years in office, Gov. Linda Lingle pardoned a total of 132 people; Gov. Ben Cayetano, 204, plus one commutation; and Gov. John Waihee, 115, plus five commutations.

 See http://is.gd/XA24pN.

Q: Is there a law or ordinance that prohibits setting off fireworks on public property, such as roadways, parks, etc.? If so, what is the penalty or fine?

A: The city’s fireworks ordinance bans the possession or use of “any consumer fireworks within the city” without a permit.

The permit must specify the location, which has to be approved by the fire chief, said Capt. Andrew Lum, spokesman for the police department.

During New Year’s and the Fourth of July, for example, the permits issued would be for a residential address (namely private property), he said.

If using public property,

“a special events permit may be needed to get city permission to use that specified location for firecrackers,” Lum said.

The penalty for setting off consumer fireworks without a permit is a fine of $200 to $1,000 and/or 30 days in jail.

Mahalo

 To the Board of Water Supply for checking my water meter to see if there was any leakage because my usage was unusually high. The inspector even left some dye tablets to check my toilet for leaks. This was all done without having to ask. My usage was high because I had guests who were staying for a short time. I am retired so am grateful to the BWS for being concerned. — Grateful Senior

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