Hawaii Supreme Court allows plan to release inmates on individual basis
The Hawaii Supreme Court has agreed to Special Master Daniel Foley’s plan to look at inmate release requests on a case-by-case basis and has established accelerated deadlines for all parties to accomplish it.
In an interim order by the Supreme Court made Wednesday, selected inmates in jail as part of their probation, along with pretrial inmates, can be released by April 28 following an expedited process.
A motion to release an inmate or a modification of probation must be filed by Monday, and a prosecutor has three business days after the motion is filed to object to it. The respective courts will decide by April 28 whether the inmates are released.
Public Defender James Tabe noted that the inmates would be under “presumption of release,” but prosecutors will have a chance to fight motions of release. Released inmates also must pose no threat to society nor be a flight risk, the order said.
“Poor” inmates should not be denied release because they do not have the means to post bail.
Whether an inmate is required to verify his or her residence will be on a case-by-case basis.
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Released inmates must maintain contact with their attorneys and continue to abide by any “no-contact” orders or driver’s license suspensions in places.
The order also states that inmates have to abide by the Hawaii’s “social distancing” mandates upon release.
The Hawaii Paroling Authority also was instructed to “expeditiously address” requests for early parole for inmates who might be at a higher risk of COVID-19, “which includes inmates who are 65 years old and older, have underlying conditions, who are pregnant, and those inmates being held on technical parole violations … or who have been granted community or minimum security classifications and are near the end of their sentences.”