§353-14 Cash furnished discharged committed person, when.
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/hi/chapter-353/353-14A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§353-14 Cash furnished discharged committed person, when.
(a)Upon the discharge or parole of any committed person who has undergone a commitment or sentence of more than one year, the committed person may be furnished by the Hawaii paroling authority, in its discretion, with funds of not more than $200, to meet the committed person's immediate needs; provided that legislative appropriations for this specific purpose have been authorized and allocated to the authority. The expenditures made by the Hawaii paroling authority shall be included among the accounts for cost and maintenance of committed persons.
(b)The Hawaii paroling authority shall not use any moneys appropriated pursuant to subsection
(a)for any purpose other than to meet a committed person's immediate needs. [L 1987, c 338, pt of §3; am L 1997, c 174, §1; am L 2018, c 79, §1]
Case Notes
Denial of "gate money" where parole board determined that plaintiffs had no immediate needs satisfied rational basis test; thus, there was no equal protection violation. 940 F. Supp. 1523 (1996).
Section
(1987)provided Hawaii paroling authority board [sic] with complete discretion to assess inmates' needs and to award "gate money" as necessary in light of those needs; thus, no protected property interest existed. The right to "gate money" not so fundamental as to warrant constitutional protection apart from its status under state law. 940 F. Supp. 1523 (1996).
Where plaintiffs argued that State waived its Eleventh Amendment immunity through the enactment of this section and State's Tort Claims Act [sic], §§662‑2 and 663‑1, no express consent or applicable waiver provisions found. 940 F. Supp. 1523 (1996).