Act 110, HB 2074 – Penal Code; Sentencing; Credit for Time of Detention Prior to Sentence

Hawaii Acts of the 2022 Legislative Session

HB 2074, Act 110

A BILL FOR AN ACT

RELATING TO CREDIT FOR TIME OF DETENTION PRIOR TO SENTENCE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1.

The legislature, by Act 50, Session Laws of Hawaii 2012, enacted subsection (3) of section 706-671, Hawaii Revised Statutes, to prevent a defendant from earning credit for time served for a subsequent crime while the defendant is serving a sentence of imprisonment for a separate, unrelated offense

In State v. Abihai, 146 Hawaii 398, 463 P.3d 1055 (2020), however, the Hawaii supreme court held that section 706-671(3) did not prevent the defendant from receiving that credit for time served. In that case the defendant committed escape in the second degree while serving a term of imprisonment...