Update on extended sentences in Hawaii

Our Oct. 25 post on hate crimes noted that §706-662, Hawaii Revised Statutes, on extended sentences was deemed unconstitutional by the Hawaii Supreme Court "because it authorizes a court, rather than a jury, to make the finding that an extended term is necessary." In the recently concluded Second Special Session of the 2007 Hawaii Legislature, that defect was remedied by the passage of HB2 that became Act 1 (pdf, 14pp.) on Oct. 31. Act 1 requires a jury to determine facts necessary to impose an extended term of imprisonment unless the right to jury determination is waived, in which case determination is to be made by the court.

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