Haw. Rev. Stat. § 804-9 — HI Code / Division 5 / Title 38 / Chapter 804 / Section 804-9
Amount.
Status: in_force

The amount of bail rests in the discretion of the justice or judge or the officers named in section 804-5 and shall be set in a reasonable amount based upon all available information, including the offense alleged, the possible punishment upon conviction, and the defendant's financial ability to afford bail. The bail amount should be so determined as not to suffer the wealthy to escape by the payment of a pecuniary penalty, nor to render the privilege useless to the poor. [PC 1869, c 50, §6; RL 1925, §3984; am imp L 1933, c 30, §1; RL 1935, §5438; RL 1945, §10739; RL 1955, §256-9; HRS §709-9; ren L 1972, c 9, pt of §1; am L 2019, c 179, §20]
Haw. Rev. Stat. § 806-10 — HI Code / Division 5 / Title 38 / Chapter 806 / Section 806-10
Form.
Status: in_force

The indictment may be substantially in the following form:

In the Circuit Court of the ............... Judicial Circuit, State of Hawaii ..............., Term 20.....

The State of Hawaii vs. ........................., defendant.

The Grand Jury of the ............... Circuit of the State of Hawaii do present that (here give name or description of the accused). (Here set forth the offense and transaction according to the rules in this chapter enunciated.)

A True Bill found this .......... day of ..........., 20.....

Signed: ..............................

Foreperson of the Grand Jury.

Signed: ..............................

(Official title of prosecuting officer.)
Haw. Rev. Stat. § 844D-62 — HI Code / Division 5 / Title 38 / Chapter 844D / Section 844D-62
Procedures for the collection and forwarding of samples.
Status: in_force

(a) The department of the attorney general shall provide all blood specimen collectors, buccal swab sample collectors, mailing envelopes, labels, and instructions for the collection of the blood specimens, buccal swab samples, and print impressions. The specimens, samples, and print impressions shall thereafter be forwarded to the department.

(b) Whenever withdrawal of blood is required by this chapter or by the collecting agency's rules or internal regulations, the withdrawal of blood shall be performed in a medically approved manner. Only health care providers trained and certified to draw blood may withdraw the blood specimens for the purposes of this chapter.

(c) Buccal swab samples may be procured by law enforcement or corrections personnel or other individuals trained to assist in buccal swab collection.

(d) Print impressions taken at the time of the collection of samples or specimens shall be placed on the samples and specimens container and forms as directed by the department. The samples, specimens, and forms shall be forwarded to and maintained by the department.

(e) The law enforcement or custodial agency collecting specimens, samples, or print impressions is responsible for confirming that the person qualifies for entry into the state DNA database and data bank identification program prior to collecting the specimens, samples, or print impressions pursuant to this chapter.

(f) The department is responsible for establishing procedures for entering data bank and database information. [L 2005, c 112, pt of §1; am L 2006, c 144, §2]
Haw. Rev. Stat. § 804-17 — HI Code / Division 5 / Title 38 / Chapter 804 / Section 804-17
Prompt appearance and response; default.
Status: in_force

The names of all persons who have given bail or have become bound by recognizance to appear in any court, shall be called in open court on the day and at the time they are respectively bound to appear, and if they fail to appear promptly and respond thereto, their default shall be entered, and the entry shall be evidence of the breach of their appearance bonds or recognizances. [PC 1869, c 50, §16; RL 1925, §3993; RL 1935, §5447; RL 1945, §10747; RL 1955, §256-17; HRS §709-17; ren L 1972, c 9, pt of §1; am L 1981, c 62, §1]
Haw. Rev. Stat. § 846-2.7 — HI Code / Division 5 / Title 38 / Chapter 846 / Section 846-2.7
Criminal history record checks.
Status: in_force

(a) The agencies and other entities named in subsections (b) and (c) may conduct state and national criminal history record checks on the personnel identified in subsections (b) and (c), and participate in the rap back program, for the purpose of determining suitability or fitness for a permit, license, employment, or volunteer service; provided that the Hawaii criminal justice data center may charge a reasonable fee for the criminal history record checks performed. The agencies and other entities named in subsections (b) and (c) shall notify applicants, employees, and volunteers subject to a criminal history record check pursuant to this section that their fingerprints shall be retained by the Hawaii criminal justice data center and the Federal Bureau of Investigation for all purposes and uses authorized for fingerprint submissions. Notification shall also be given to the applicants, employees, and volunteers subject to the rap back program. The criminal history record check shall include the submission of fingerprints to:

(1) The Federal Bureau of Investigation for a national criminal history record check; and

(2) The Hawaii criminal justice data center for a state criminal history record check that shall include nonconviction data.

Except as otherwise provided in this section, criminal history record information shall be used exclusively for the stated purpose for which it was obtained in accordance with section 378-2.5.

(b) Criminal history record checks may be conducted by:

(1) The department of health or its designee on operators of adult foster homes for individuals with developmental disabilities or developmental disabilities domiciliary homes and their employees, as provided by section 321-15.2;

(2) The department of health or its designee on prospective employees, persons seeking to serve as providers, or subcontractors in positions that place them in direct contact with clients when providing non-witnessed direct mental health or health care services, as provided by section 321-171.5;

(3) The department of health or its designee on all applicants for licensure or certification for, operators for, prospective employees, adult volunteers, and all adults, except adults in care, at healthcare facilities as defined in section 321-15.2;

(4) The department of education on employees, prospective employees, and teacher trainees in any public school in positions that necessitate close proximity to children, as provided by section 302A-601.5;

(5) The counties on employees and prospective employees who may be in positions that place them in close proximity to children in recreation or child care programs and services;

(6) The county liquor commissions on applicants for liquor licenses, as provided by section 281-53.5;

(7) The county liquor commissions on employees and prospective employees involved in liquor administration, law enforcement, and liquor control investigations;

(8) The department of human services on operators and employees of child caring institutions, child placing organizations, and resource family homes, as provided by section 346-17;

(9) The department of human services on prospective adoptive parents as established under section 346-19.7;

(10) The department of human services or its designee on applicants to operate child care facilities, household members of the applicant, prospective employees of the applicant, and new employees and household members of the provider after registration or licensure, as provided by section 346-154, and persons subject to section 346-152.5;

(11) The department of human services on persons exempt pursuant to section 346-152 to be eligible to provide child care and receive child care subsidies, as provided by section 346-152.5;

(12) The department of health on operators and employees of home and community-based case management agencies and operators and other adults, except for adults in care, residing in community care foster family homes, as provided by section 321-15.2;

(13) The department of human services on staff members of the Hawaii youth correctional facility, as provided by section 352-5.5;

(14) The department of human services on employees, prospective employees, and volunteers of contracted providers and subcontractors in positions that place them in close proximity to youth when providing services on behalf of the office of youth services or the Hawaii youth correctional facility, as provided by section 352D-4.3;

(15) The judiciary on employees and applicants at detention and shelter facilities, as provided by section 571-34;

(16) The department of corrections and rehabilitation on employees and prospective employees, volunteers, contract service providers, and subcontract service providers who are directly involved with the treatment and care of, or directly involved in providing correctional programs and services to, persons committed to a correctional facility, or placed in close proximity to persons committed when providing services on behalf of the department or the correctional facility, as provided by section 353-1.5, and the department of law enforcement on employees and prospective employees whose duties involve or may involve the exercise of police powers including the power of arrest, as provided by section 353C-5;

(17) The board of private detectives and guards on applicants for private detective or private guard licensure, as provided by section 463-9;

(18) Private schools and designated organizations on employees and prospective employees who may be in positions that necessitate close proximity to children; provided that private schools and designated organizations receive only indications of the states from which the national criminal history record information was provided pursuant to section 302C-1;

(19) The public library system on employees and prospective employees whose positions place them in close proximity to children, as provided by section 302A-601.5;

(20) The State or any of its branches, political subdivisions, or agencies on applicants and employees holding a position that has the same type of contact with children, vulnerable adults, or persons committed to a correctional facility as other public employees who hold positions that are authorized by law to require criminal history record checks as a condition of employment, as provided by section 78-2.7;

(21) The department of health on licensed adult day care center operators, employees, new employees, subcontracted service providers and their employees, and adult volunteers, as provided by section 321-15.2;

(22) The department of human services on purchase of service contracted and subcontracted service providers and their employees and volunteers, as provided by sections 346-2.5 and 346-97;

(23) The department of human services on foster grandparent program, senior companion program, and respite companion program participants, as provided by section 346-97;

(24) The department of human services on contracted and subcontracted service providers and their current and prospective employees that provide home and community-based services under section 1915(c) of the Social Security Act, title 42 United States Code section 1396n(c), or under any other applicable section or sections of the Social Security Act for the purposes of providing home and community-based services, as provided by section 346-97;

(25) The department of commerce and consumer affairs on proposed directors and executive officers of a bank, savings bank, savings and loan association, trust company, and depository financial services loan company, as provided by section 412:3-201;

(26) The department of commerce and consumer affairs on proposed directors and executive officers of a nondepository financial services loan company, as provided by section 412:3-301;

(27) The department of commerce and consumer affairs on the original chartering applicants and proposed executive officers of a credit union, as provided by section 412:10-103;

(28) The department of commerce and consumer affairs on:

(A) Each principal of every non-corporate applicant for a money transmitter license;

(B) Each person who upon approval of an application by a corporate applicant for a money transmitter license will be a principal of the licensee; and

(C) Each person who upon approval of an application requesting approval of a proposed change in control of licensee will be a principal of the licensee,

as provided by sections 489D-9 and 489D-15;

(29) The department of commerce and consumer affairs on applicants for licensure and persons licensed under title 24;

(30) The Hawaii health systems corporation on:

(A) Employees;

(B) Applicants seeking employment;

(C) Current or prospective members of the corporation board or regional system board; or

(D) Current or prospective volunteers, providers, or contractors,

in any of the corporation's health facilities, as provided by section 323F-5.5;

(31) The department of commerce and consumer affairs on:

(A) An applicant for a mortgage loan originator license, or license renewal; and

(B) Each control person, executive officer, director, general partner, and managing member of an applicant for a mortgage loan originator company license or license renewal,

as provided by chapter 454F;

(32) The state public charter school commission or public charter schools on employees, teacher trainees, prospective employees, and prospective teacher trainees in any public charter school for any position that places them in close proximity to children, as provided in section 302D-33;

(33) The counties on prospective employees who work with children, vulnerable adults, or senior citizens in community-based programs;

(34) The counties on prospective employees for fire department positions that involve contact with children or vulnerable adults;

(35) The counties on prospective employees for emergency medical services positions that involve contact with children or vulnerable adults;

(36) The counties on prospective employees for emergency management positions and community volunteers whose responsibilities involve planning and executing homeland security measures including viewing, handling, and engaging in law enforcement or classified meetings and assisting vulnerable citizens during emergencies or crises;

(37) The State and counties on employees, prospective employees, volunteers, and contractors whose position responsibilities require unescorted access to secured areas and equipment related to a traffic management center;

(38) The State and counties on employees and prospective employees whose positions involve the handling or use of firearms for other than law enforcement purposes;

(39) The State and counties on current and prospective systems analysts and others involved in an agency's information technology operation whose position responsibilities provide them with access to proprietary, confidential, or sensitive information;

(40) The department of commerce and consumer affairs on:

(A) Applicants for real estate appraiser licensure or certification, as provided by chapter 466K;

(B) Each person who owns more than ten per cent of an appraisal management company who is applying for registration as an appraisal management company, as provided by section 466M-7; and

(C) Each of the controlling persons of an applicant for registration as an appraisal management company, as provided by section 466M-7;

(41) [Repeal and reenactment on July 1, 2027. L 2024, c 110, §4.] The department of health or its designee on:

(A) Individual applicants or individuals acting on behalf of applying entities for hemp processor permits, as provided under section 328G-2; and

(B) All license applicants, licensees, employees, contractors, and prospective employees of medical cannabis dispensaries, and individuals permitted to enter and remain in medical cannabis dispensary facilities, as provided under sections 329D-15(a)(4) and 329D-16(a)(3);

(42) The department of commerce and consumer affairs on applicants for nurse licensure or license renewal, reactivation, or restoration, as provided by sections 457-7, 457-8, 457-8.5, and 457-9;

(43) The county police departments on applicants for permits to acquire firearms pursuant to section 134-2, on individuals registering their firearms pursuant to section 134-3, and on applicants for new or renewed licenses to carry a pistol or revolver and ammunition pursuant to section 134-9;

(44) The department of commerce and consumer affairs on:

(A) Each of the controlling persons of the applicant for licensure as an escrow depository, and each of the officers, directors, and principals who will be in charge of the escrow depository's activities upon licensure; and

(B) Each of the controlling persons of an applicant for proposed change in control of an escrow depository licensee, and each of the officers, directors, and principals who will be in charge of the licensee's activities upon approval of the application,

as provided by chapter 449;

(45) The department of taxation on current or prospective employees or contractors who have access to federal tax information in order to comply with requirements of federal law, regulation, or procedure, as provided by section 231-1.6;

(46) The department of labor and industrial relations on current or prospective employees or contractors who have access to federal tax information in order to comply with requirements of federal law, regulation, or procedure, as provided by section 383-110;

(47) The department of human services on current or prospective employees or contractors who have access to federal tax information in order to comply with requirements of federal law, regulation, or procedure, and on current or prospective employees, volunteers, contractors, or contractors' employees or volunteers, subcontractors, or subcontractors' employees or volunteers, whose position places or would place them in close proximity to minors, young adults, or vulnerable adults, as provided by section 346-2.5;

(48) The child support enforcement agency on current or prospective employees, or contractors who have access to federal tax information to comply with federal law, regulation, or procedure, as provided by section 576D-11.5;

(49) The department of the attorney general on current or prospective employees, contractors, contractor's employees, or subcontractors who have access to federal tax information to comply with federal law, regulation, or procedure, as provided by section 28-17;

(50) The department of commerce and consumer affairs on each control person, executive officer, director, general partner, and managing member of an installment loan licensee, or an applicant for an installment loan license, as provided in chapter 480J;

(51) The university of Hawaii on current and prospective employees and contractors whose duties include ensuring the security of campus facilities and persons;

(52) The department of commerce and consumer affairs on applicants for physician licensure or license renewal, through the Interstate Medical Licensure Compact as provided by section 453B-2; and

(53) Any other organization, entity, or the State, its branches, political subdivisions, or agencies as may be authorized by state law.

(c) A qualified entity may conduct a criminal history record check on applicants for licensure or employment, employees, and volunteers who provide care to children, vulnerable adults, or individuals with disabilities. A qualified entity shall comply with the following requirements:

(1) A qualified entity shall register with the Hawaii criminal justice data center before submitting a request for a criminal history record check under this subsection. As a part of the registration, the qualified entity shall agree to comply with state and federal law by signing an agreement approved by the attorney general, or the attorney general's duly authorized representative within the department of the attorney general;

(2) A qualified entity shall verify that the applicant, employee, or volunteer for whom a request is being made, will be or is physically working or volunteering in the State;

(3) A qualified entity shall submit to the Hawaii criminal justice data center a request for a criminal history record check on an applicant, employee, or volunteer with a complete set of electronic fingerprints and a signed waiver allowing the release of state and national criminal history record information to the qualified entity;

(4) The Hawaii criminal justice data center shall provide directly to the qualified entity the state and national criminal history records to use only for the purpose of screening applicants, employees, or volunteers, as authorized by the written waiver required for submission of a request;

(5) The determination whether the criminal history record shows that the applicant, employee, or volunteer has been convicted of or is under pending indictment for any crime that bears upon the fitness of the applicant, employee, or volunteer to have responsibility for the safety and well-being of children, vulnerable adults, or individuals with disabilities shall be made solely by the qualified entity. This subsection does not require the Hawaii criminal justice data center to make such a determination on behalf of any qualified entity;

(6) The qualified entity shall notify the applicant, employee, or volunteer in writing of the person ' s right to obtain a copy of any background screening report, including the criminal history records obtained under this subsection, if any, contained in the report, and of the person's right to challenge the accuracy and completeness of any information contained in any such report and to obtain a determination as to the validity of such challenge before a final determination regarding the person is made by the qualified entity reviewing the background screening, including the criminal history record check, if any;

(7) A qualified entity shall allow the periodic audit by the Hawaii criminal justice data center to ensure compliance with applicable federal law and this subsection; and

(8) The State, any political subdivision of the State, or any agency, officer, or employee of the State or a political subdivision shall not be liable for damages for providing the information requested under this subsection.

As used in this subsection, unless a different meaning plainly is required:

"Care" means the provision of care, treatment, education, training, instruction, supervision, or recreation to children, vulnerable adults, or individuals with disabilities.

"Qualified entity" means a business or organization, whether public, private, operated for profit, operated not for profit, or voluntary, which provides care or care placement services, including a business, organization, or agency that licenses or certifies others to provide care or care placement services that are not covered under subsection (b), and including those agencies described in subsection (b) but only to the extent that they seek criminal history record checks on volunteers.

(d) The applicant, employee, or volunteer subject to a criminal history record check shall provide to the requesting agency or qualified entity:

(1) Consent to obtain the applicant's, employee's, or volunteer's fingerprints, conduct the criminal history record check, and participate in the rap back program;

(2) Identifying information required by the Federal Bureau of Investigation, such as the applicant's, employee's, or volunteer's name, date of birth, height, weight, eye color, hair color, gender, race, and place of birth; and

(3) A statement indicating whether the applicant, employee, or volunteer has ever been convicted of a crime and, if so, the particulars of the conviction.

(e) Fingerprints and information and records relating to the fingerprints acquired by the Hawaii criminal justice data center under this section shall be retained and maintained in an appropriate form and in an appropriate office in the custody and control of the Hawaii criminal justice data center, and shall at all times be kept separate from any similar records relating to the identification of criminals. The information shall be available only to authorized entities, agencies, and qualified entities as described in subsections (b) and (c) and such other persons or agencies as the attorney general shall authorize, subject to any restriction that the attorney general shall prescribe. The Hawaii criminal justice data center may dispose of any record of fingerprints and information and records relating to the fingerprints without regard to chapter 94, whenever, in the attorney general's discretion, retention of the record is no longer required or practicable. No officer or employee of the Hawaii criminal justice data center shall disclose any records of fingerprints or information and records relating to the fingerprints acquired in the performance of any of the officer's or employee's duties under this section to any person not authorized to receive the same pursuant to this section or pursuant to the orders of the attorney general. No person acquiring from the records of fingerprints or information and records relating to the fingerprints any information concerning any individual shall disclose the information to any person not so authorized to receive the same. [L 2003, c 95, §7; am L 2004, c 10, §12 and c 79, §6; am L 2006, c 131, §2 and c 220, §5; am L 2008, c 136, §7, c 154, §28, c 195, §15, and c 196, §11; am L 2009, c 77, §18 and c 182, §7; am L Sp 2009, c 32, §7; am L 2010, c 84, §26; am L 2011, c 117, §2 and c 220, §11; am L 2012, c 93, §6, c 210, §2, c 285, §5, and c 299, §2; am L 2013, c 159, §16 and c 167, §15; am L 2014, c 18, §2, c 38, §1, and c 196, §2; am L 2015, c 35, §35, c 190, §3, and c 241, §9; am L 2016, c 88, §5, c 97, §7, c 108, §4, c 224, §7, and c 251, §3; am L 2017, c 45, §9, c 118, §3, c 132, §7, c 150, §11, and c 170, §2; am L 2021, c 35, §3, c 56, §6, and c 170, §1; am L 2022, c 278, §28; am L 2023, c 52, §12 and c 88, §5; am L 2024, c 74, §3, c 80, §4, and c 110, §2; am L 2025, c 83, §3 and c 163, §2]
Haw. Rev. Stat. § 802E-2 — HI Code / Division 5 / Title 38 / Chapter 802E / Section 802E-2
Court advisement concerning alien status required prior to the commencement of trial, entry of a plea of guilty or nolo contendere, or admission of gu
Status: in_force

Prior to the commencement of trial, entry of a plea of guilty or nolo contendere, or admission of guilt or sufficient facts to any offense punishable as a crime under state law, except offenses designated as infractions under state law, the court shall administer the following advisement on the record to the defendant:

If you are not a citizen of the United States, whether or not you have lawful immigration status, you have the right to receive advice from your attorney about the specific impact that this case will have, if any, on your immigration status. The entry of a guilty or nolo contendere plea, admission of guilt or sufficient facts, or conviction, deferred judgment, or deferred sentence may have the consequences of your immediate detention, deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States. In some cases, detention and deportation from the United States will be required. Your lawyer must investigate and advise you about these issues prior to the commencement of trial, entry of a guilty or nolo contendere [plea], or admission of guilt or sufficient facts to any offense punishable as a crime under state law, other than those offenses designated as infractions. You are not required to disclose your immigration or citizenship status to the court.

Upon request, the court shall allow the defendant additional time to consider the appropriateness of the plea in light of the advisement as described in this section. [L 1988, c 382, pt of §1; am L 2013; c 279, §2]
Haw. Rev. Stat. § 844D-36 — HI Code / Division 5 / Title 38 / Chapter 844D / Section 844D-36
Collection from parole violators and others returned to custody.
Status: in_force

A person, except for any juvenile, shall provide buccal swab samples and print impressions and, if required by the collecting agency's rules or internal regulations, blood specimens or other biological samples, at a state correctional or other receiving institution, if:

(1) The person has been released on parole, furlough, or other release for any offense or crime, whether or not set forth in section 844D‑31, and is returned to a state correctional or other institution for a violation of a condition of the person's parole, furlough, or other release, or for any other reason;

(2) The person has a record of any past or present conviction of a qualifying offense described in section 844D‑31 or has a record of any past or present conviction or adjudication in any other court, including any state, federal, or military court, of any offense that, if committed or attempted in this State, would have been punishable as an offense described in section 844D‑31; and

(3) The person's blood specimens or buccal swab samples, and print impressions authorized by this chapter are not in the possession of the department's DNA laboratory or have not been recorded as part of the state DNA database and data bank identification program. [L 2005, c 112, pt of §1]
Haw. Rev. Stat. § 803-46 — HI Code / Division 5 / Title 38 / Chapter 803 / Section 803-46
Procedure for interception of wire, oral, or electronic communication.
Status: in_force

(a) Each application for an order authorizing or approving the interception of a wire, oral, or electronic communication shall be made in writing upon oath or affirmation to a designated judge and shall be accompanied by a written memorandum recommending approval or disapproval by the department of the attorney general. If the application is being prepared by the prosecuting attorney of a county, the department of the attorney general shall provide its memorandum to the prosecuting attorney within twenty-four hours of the attorney's request to the department. The application shall state the applicant's authority to make the application. As used in this section, "designated judge" means a circuit court judge specifically designated by the chief justice of the Hawaii supreme court or any circuit court judge or district court judge, if no circuit court judge has been designated by the chief justice or is otherwise unavailable. Each application shall include the following information:

(1) The identity of the investigative or law enforcement officer or officers requesting the application or the official or officials applying for an order;

(2) A full and complete statement of the facts and circumstances relied upon by the applicant, to justify the applicant's belief that an order should be issued, including:

(A) Details as to the particular offense that has been, is being, or is about to be committed;

(B) Except as provided in subsection (j), a particular description of the nature and location of the facilities from which or the place where the communication is to be intercepted;

(C) A particular description of the type of communications sought to be intercepted;

(D) The identity or descriptions of all persons, if known, committing the offense and whose communications are to be intercepted; and

(E) Where appropriate, the involvement of organized crime;

(3) A full and complete, but not unduly technical or complex, statement of the facts concerning how the interception is to be accomplished, and if physical entry upon private premises is necessary, facts supporting the necessity;

(4) A full and complete statement of facts as to whether other investigative procedures have been tried and failed or why they reasonably appear to be unlikely to succeed if tried or to be too dangerous;

(5) A statement of facts indicating the period of time for which the interception is required to be maintained. If the nature of the investigation is such that the authorization for interception should not automatically terminate when the described type of communication has been obtained, a particular description of facts establishing probable cause to believe that additional communications of the same type will occur thereafter;

(6) A full and complete statement of the facts concerning all previous applications known to the individual authorizing and making the application, made to any designated judge for authorization to intercept, or for approval of interceptions of, wire, oral, or electronic communications involving any of the same persons, facilities, or places specified in the application, and the action taken by the designated judge on each application; and

(7) When the application is for the extension of an order, a statement setting forth the results thus far obtained from the interception, or a reasonable explanation of the failure to obtain any results.

(b) The designated judge may require the applicant to furnish testimony or documentary evidence under oath or affirmation in support of the application. A transcript of the testimony shall be made and kept with the application and orders.

(c) Upon an application the designated judge may enter an ex parte order, as requested or as modified, authorizing or approving interception of wire, oral, or electronic communications within the county in which the designated judge is sitting, if the designated judge determines on the basis of the facts submitted by the applicant that:

(1) There is probable cause to believe that an individual is committing, has committed, or is about to commit[:]

(A) Murder;

(B) Kidnapping;

(C) Felony criminal property damage involving the danger of bodily injury;

(D) Distribution of dangerous, harmful or detrimental drugs; or

(E) Conspiracy to commit one or more of the above;

or that an individual is committing, has committed, or is about to commit one of the other offenses specified in section 803-44 and that organized crime is involved;

(2) There is probable cause to believe that particular communications concerning that offense will be obtained through the interception;

(3) Normal investigative procedures have been tried and have failed or reasonably appear to be either unlikely to succeed if tried or to be too dangerous; and

(4) Except as provided in subsection (j), there is probable cause to believe that the facilities from which, or the place where, the wire, oral, or electronic communications are to be intercepted are being used, or are about to be used, in connection with the commission of such offense, or are leased to, listed in the name of, or commonly used by that person.

If the order allows physical entry to accomplish the interception, the issuing judge shall state why physical entry is appropriate.

(d) Each order authorizing or approving the interception, of any wire, oral, or electronic communication shall specify:

(1) The identity or description of all persons, if known, whose communications are to be intercepted;

(2) The nature and location of the communications facilities as to which, or the place where, authority to intercept is granted, and the means by which such interceptions shall be made;

(3) A particular description of the type of communication sought to be intercepted, and a statement of the particular offense to which it relates;

(4) The identity of the agency authorized to intercept the communications and the persons applying for the application;

(5) The period of time during which the interception is authorized, including a statement as to whether or not the interception is to terminate automatically upon the described communication first being obtained; and

(6) Who shall be served with the order and by what means.

Upon request of the applicant, an order authorizing the interception of a wire, oral, or electronic communication shall direct that a provider of wire or electronic communication service, landlord, custodian, or other person shall furnish the applicant as soon as practicable all information, facilities, and technical assistance necessary to accomplish the interception unobtrusively and with a minimum of interference with the services that the provider of wire or electronic communication service, landlord, custodian, or other person is according the person whose communications are to be intercepted. Any provider of wire or electronic communication service, landlord, custodian, or other person furnishing the facilities or technical assistance shall be compensated by the applicant for reasonable expenses incurred in providing the facilities or assistance.

(e) No order entered under this section shall authorize or approve the interception of any wire, oral, or electronic communication for any period longer than is necessary to achieve the objective of the authorization, and in no event for longer than thirty days. The thirty-day period begins on the earlier of the day on which the investigative or law enforcement officer first begins to conduct an interception under the order or ten days after the order is entered. Extensions of an order may be granted, but only upon application for an extension made in accordance with subsections (a) and (b) of this section and the court making the findings required by subsection (c) of this section. The period of extension shall be no longer than the designated judge deems necessary to achieve the purposes for which it was granted and in no event for longer than thirty days. Every order and extension thereof shall contain a provision that the authorization to intercept shall be executed as soon as practicable, shall be conducted in such a way as to minimize the interception of communications not otherwise subject to interception under this part, and shall terminate upon attainment of the authorized objective, or in any event in thirty days. If the intercepted communication is in a code or a foreign language, and an expert in that foreign language or code is not reasonably available during the interception period, minimization may be accomplished as soon as practicable after the interception.

An interception may be conducted in whole or in part by investigative or law enforcement officer(s), or by an individual operating under a contract with the State or a county, acting under the supervision of an investigative or law enforcement officer authorized to conduct the interception.

(1) The interception shall be conducted in such a way as to minimize the resulting invasion of privacy including but not limited to the following methods of minimization:

(A) Conversations that appear unlikely to result in incriminating conversations relating to the offense for which the order is issued shall be subject to intermittent monitoring; and

(B) Privileged conversations, including those between a person and the person's spouse, attorney, physician, or clergy, shall not be intercepted unless both parties to the conversation are named or described in the application and order.

(2) In determining whether incriminating statements are likely to occur during a conversation the following factors should be considered:

(A) The parties to the conversation;

(B) The particular offense being investigated;

(C) The subject matter of the conversation;

(D) The subject matter of previous conversations between the same parties and whether any incriminating statements occurred; and

(E) The hour and day of conversation.

(f) Whenever an order authorizing interception is entered pursuant to this part, the order shall require reports to be made to the designated judge who issued the order showing what progress has been made toward achievement of the authorized objective and the need for continued interception. The reports shall be made at such intervals as the designated judge may require.

(g)(1) The contents of any wire, oral, or electronic communication intercepted by any means authorized by this part, if possible, shall be recorded on tape or wire or other comparable device. The recording of the contents of any wire, oral, or electronic communication under this subsection shall be done to protect the recording from being edited or otherwise altered. Immediately upon the expiration of the time period provided in the order, or extensions thereof, the recording shall be made available to the designated judge issuing the order and sealed under the designated judge's directions. Custody of the recording shall be determined by order of the designated judge. Recordings and other evidence of the contents of conversations and applications and orders shall not be destroyed except upon an order of the designated judge and in any event shall be kept for ten years. However, upon the request of all the parties to particular conversations, evidence of conversations between those parties shall be destroyed if:

(A) There are no incriminating statements;

(B) Any incriminating statements are inadmissible at trial pursuant to section 803‑45(f); or

(C) The interception of the conversations is determined to have been illegal.

Duplicate recordings may be made for use or disclosure pursuant to section 803-45(a) and (b) for investigations. The presence of the seal required by this subsection, or a satisfactory explanation for the absence thereof, shall be a prerequisite for the use or disclosure of the contents of any wire, oral, or electronic communication or evidence derived therefrom under section 803-45(c).

(2) Applications made and orders granted under this part and evidence obtained through court-ordered interceptions shall be sealed by the designated judge. Custody of the above shall be wherever the designated judge directs. Applications and orders shall be disclosed only upon a showing of good cause before a designated judge and shall not be destroyed, except upon order of the designated judge, and, in any event, shall be kept for ten years.

(3) Any violation of the provisions of this subsection may be punished as contempt by the designated judge.

(4) Within a reasonable time but no later than ninety days after either the filing of an application for an approval under subsection (d) that is denied or the termination of the period of an order or extensions thereof, the designated judge shall cause an inventory to be served on the persons named in the order, on all other known parties to intercepted communications, and to any other persons as the court may determine is in the interest of justice. The inventory shall include notice of:

(A) The fact of the entry of the order;

(B) The date of the entry and the period of authorized, or approved interception; and

(C) The fact that during the applicable time period, wire, oral, or electronic communications were or were not intercepted.

The designated judge, upon the filing of a motion, may make available to the person or the person's counsel for inspection after the inventory has been served all portions of the intercepted communications that contain conversations of that person, applications, orders, and other evidence obtained as a result of the use of interception orders. The designated judge may order the additional disclosure as the designated judge determines to be in the interest of justice. On an ex parte showing of good cause, the designated judge may permit the serving of the inventory required by this subsection to be postponed.

(h) The contents of any intercepted wire, oral, or electronic communication or evidence derived therefrom shall not be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in any court of this State unless each party, not less than thirty days before the trial, hearing or proceeding, has been furnished with copies of the documents required to be disclosed, and contents of intercepted communications or other evidence obtained as a result of interception which is sought to be admitted in evidence. This thirty-day period may be shortened or waived by the court if it finds that the party will not be prejudiced by the delay in receiving such information.

(i)(1) Any aggrieved person in any trial, hearing, or proceeding in or before any court, department, officer, agency, regulatory body, or other authority of this State, or a political subdivision thereof, may move to suppress the content of any intercepted wire, oral, or electronic communication, or evidence derived therefrom, on the grounds that:

(A) The communication was unlawfully intercepted;

(B) The order of authorization or approval under which it was intercepted is insufficient on its face; or

(C) The interception was not made in conformity with the order of authorization or approval.

Such motion shall be made before the trial, hearing, or proceedings unless there was no opportunity to make such motion or the person was not aware of the grounds of the motion. If the motion is granted, the contents of the intercepted wire, oral, or electronic communication, or evidence derived therefrom, shall be treated as having been obtained in violation of this part. The court, or other official before whom the motion is made, upon the filing of the motion by the aggrieved person, may make available to the aggrieved person or the aggrieved person's counsel for inspection portions of the recording that contain intercepted communications of the defendant or evidence derived therefrom, the applications, orders, transcript of testimony, and such additional evidence as the court determines to be in the interest of justice.

(2) In addition to any other right to appeal the State shall have the right to appeal:

(A) From an order granting a motion to suppress made under paragraph (1) of this subsection if the attorney general or prosecuting attorney of a county, or their designated representatives, shall certify to the designated judge or other official granting the motion that the appeal shall be taken within thirty days after the date the order of suppression was entered and shall be diligently prosecuted as in the case of other interlocutory appeals or under such rules as the supreme court may adopt;

(B) From an order denying an application for an order of authorization or approval, and such an appeal shall be in camera and in preference to all other pending appeals in accordance with rules promulgated by the supreme court.

(j) The requirements of subsections (a)(2)(B) and (c)(4) relating to the specification of the facilities from which, or the place where, the communication is to be intercepted do not apply if:

(1) In the case of an application with respect to the interception of an oral communication:

(A) The application is by an investigative or law enforcement officer and is approved by the attorney general, a county prosecuting attorney, or one of their designees;

(B) The application contains a full and complete statement as to why the specification is not practical and identifies the person committing the offense and whose communications are to be intercepted; and

(C) The designated judge finds that the specification is not practical; or

(2) In the case of an application with respect to a wire or electronic communication:

(A) The application is by an investigative or law enforcement officer and is approved by the attorney general, a prosecuting attorney, or one of their designees;

(B) The application identifies the person believed to be committing the offense and whose communications are to be intercepted and the applicant makes a showing of a purpose on the part of that person to thwart interception by changing facilities; and

(C) The designated judge finds that the purpose has been adequately shown.

An interception of a communication under an order with respect to which the requirements of subsections (a)(2)(B) and (c)(4) do not apply by reason of subsection (j) shall not begin until the facilities from which, or the place where the communication is to be intercepted, is ascertained by the person implementing the interception order. A provider of wire or electronic communications service that has received an order as provided for in subsection (d) may move the court to modify or quash the order on the ground that its assistance with respect to the interception cannot be performed in a timely or reasonable manner. The court, upon notice to the State, shall decide the motion expeditiously. [L 1978, c 218, pt of §2; gen ch 1985; am L 1986, c 303, §6; am L 1989, c 164, §8; am L 1990, c 34, §§37, 38; gen ch 1993; am L 2006, c 200, pt of §4; am L 2015, c 35, §32; am L 2025, c 78, §2]
Haw. Rev. Stat. § 853-2 — HI Code / Division 5 / Title 38 / Chapter 853 / Section 853-2
Plea of guilty or nolo contendere; procedure.
Status: in_force

Upon motion made before sentence by the defendant, the prosecutor, or on its own motion, the court will either proceed in accordance with section 853-1, or deny the motion and accept the defendant's plea of guilty or nolo contendere, or allow the defendant to withdraw the defendant's plea of guilty or nolo contendere only for good cause.
Haw. Rev. Stat. § 842-10 — HI Code / Division 5 / Title 38 / Chapter 842 / Section 842-10
Civil investigative demand.
Status: in_force

(a) Whenever the attorney general has reason to believe that any person or enterprise may be in possession, custody, or control of any documentary materials relevant to a racketeering investigation, the attorney general may, prior to the institution of a civil or criminal proceeding thereon, issue in writing, and cause to be served upon such person, a civil investigative demand requiring such person to produce such material for examination.

(b) Each such demand shall:

(1) State the nature of the conduct constituting the alleged racketeering violation which is under investigation and the provision of law applicable thereto;

(2) Describe the class or classes of documentary material produced thereunder with such definiteness and certainty as to permit such material to be fairly identified;

(3) State that the demand is returnable forthwith or prescribe a return date which will provide a reasonable period of time within which the material so demanded may be assembled and made available for inspection and copying or reproduction; and

(4) Identify the custodian to whom such material shall be made available.

(c) No such demand shall:

(1) Contain any requirement which would be held to be unreasonable if contained in a subpoena duces tecum issued by a court of the State in aid of a grand jury investigation of such alleged racketeering violation; or

(2) Require the production of any documentary evidence which would be privileged from disclosure if demanded by a subpoena duces tecum issued by a court of the State in aid of a grand jury investigation of such alleged racketeering violation.

(d) Service of any such demand or any petition filed under this section may be made upon a person by:

(1) Delivering a duly executed copy thereof to any partner, executive officer, managing agent, or general agent thereof, or to any agent thereof authorized by appointment or by law to receive service of process on behalf of such person, or upon any individual person;

(2) Delivering a duly executed copy thereof to the principal office or place of business of the person to be served; or

(3) Depositing such copy in the United States mail, by registered or certified mail duly addressed to such person at its principal office or place of business.

(e) A verified return by the individual serving any such demand or petition setting forth the manner of such service shall be prima facie proof of such service. In the case of service by registered or certified mail, such return shall be accompanied by the return post office receipt of delivery of such demand.

(f)(1) The attorney general shall designate, from the organized crime unit established pursuant to section 28-71, an investigator to serve as racketeer document custodian and such racketeering investigators as the attorney general shall determine to be necessary to serve as deputies to such officer.

(2) Any person upon whom any demand issued under this section has been duly served shall make such material available for inspection and copying or reproduction to the custodian designated therein at the principal place of business of such person, or at such other place as such custodian and such person thereafter may agree and prescribe in writing or as the court may direct, pursuant to this section on the return date specified in such demand, or on such later date as such custodian may prescribe in writing. Such person may upon written agreement between such person and the custodian substitute for copies of all or any part of such material originals thereof.

(3) The custodian to whom any documentary material is so delivered shall take physical possession thereof, and shall be responsible for the use made thereof and for the return thereof pursuant to this chapter. The custodian may cause the preparation of such copies of such documentary material as may be required for official use under regulations which shall be promulgated by the attorney general. While in the possession of the custodian, no material so produced shall be available for examination, without the consent of the person who produced such material, by any individual other than the attorney general. Under such reasonable terms and conditions as the attorney general shall prescribe, documentary material while in the possession of the custodian shall be available for examination by the person who produced such material or any duly authorized representatives of such person.

(4) Whenever any attorney has been designated to appear on behalf of the State before any court or grand jury in any case or proceeding involving any alleged violation of this chapter, the custodian may deliver to such attorney such documentary material in the possession of the custodian as such attorney determines to be required for use in the presentation of such case or proceeding on behalf of the State. Upon the conclusion of any such case or proceeding, such attorney shall return to the custodian any documentary material so withdrawn which has not passed into the control of such court or grand jury through the introduction thereof into the record of such case or proceeding.

(5) Upon the completion of:

(i) The racketeering investigation for which any documentary material was produced under this chapter, and

(ii) Any case or proceeding arising from such investigation,

the custodian shall return to the person who produced such material all such material other than copies thereof made by the attorney general pursuant to this subsection which has not passed into the control of any court or grand jury through the introduction thereof into the record of such case or proceeding.

(6) When any documentary material has been produced by any person under this section for use in any racketeering investigation, and no such case or proceeding arising therefrom has been instituted within a reasonable time after completion of the examination and analysis of all evidence assembled in the course of such investigation, such person shall be entitled, upon written demand made upon the attorney general, to the return of all documentary material other than copies thereof made pursuant to this subsection so produced by such person.

(7) In the event of the death, disability, or separation from service of the custodian of any documentary material produced under any demand issued under this section or the official relief of such custodian from responsibility for the custody and control of such material, the attorney general shall promptly:

(i) Designate another racketeering investigator to serve as custodian thereof, and

(ii) Transmit notice in writing to the person who produced such material as to the identity and address of the successor so designated.

Any successor so designated shall have with regard to such materials all duties and responsibilities imposed by this section upon the successor's predecessor in office with regard thereto, except that the successor shall not be held responsible for any default or dereliction which occurred before the successor's designation as custodian.

(g) Whenever any person fails to comply with any civil investigative demand duly served upon the person under this section or whenever satisfactory copying or reproduction of any such material cannot be done and such person refuses to surrender such material, the attorney general may file, in the court of the State for any judicial circuit in which such person resides, is found, or transacts business, and serve upon such person a petition for an order of such court for the enforcement of this section.

(h) Within twenty days after the service of any such demand upon any person, or at any time before the return date specified in the demand, whichever period is shorter, such person may file, in the court of the State for the judicial circuit within which such person resides, is found, or transacts business, and serve upon such custodian a petition for an order of such court modifying or setting aside such demand. The time allowed for compliance with the demand in whole or in part as deemed proper and ordered by the court shall not run during the pendency of such petition in the court. Such petition shall specify each ground upon which the petitioner relies in seeking such relief, and may be based upon any failure of such demand to comply with the provisions of this section or upon any constitutional or other legal right or privilege of such person.

(i) At any time during which any custodian is in custody or control of any documentary material delivered by any person in compliance with any such demand, such person may file, in the court of the State for the judicial circuit within which the office of such custodian is situated, and serve upon such custodian a petition for an order of such court requiring the performance by such custodian of any duty imposed upon the custodian by this section.

(j) Whenever any petition is filed in any court of the State under this section, such court shall have jurisdiction to hear and determine the matter so presented, and to enter such order or orders as may be required to carry into effect the provisions of this section. [L 1972, c 71, pt of §2; gen ch 1985]
Haw. Rev. Stat. § 832-27 — HI Code / Division 5 / Title 38 / Chapter 832 / Section 832-27
No right of asylum; no immunity from other criminal prosecutions while in this State.
Status: in_force

After a person has been brought back to this State by or after waiver of extradition proceedings, the person may be tried in this State for other crimes which the person may be charged with having committed here as well as that specified in the requisition for the person's extradition.
Haw. Rev. Stat. § 805-3 — HI Code / Division 5 / Title 38 / Chapter 805 / Section 805-3
Summons in what cases.
Status: in_force

Where, from the complaint, it appears to the district judge that the offense charged therein is not of a serious nature, or not one for which a severe penalty should be imposed, and where the person complained against is so situated as to raise no presumption of the person's attempting to elude justice in the premises, the district judge may, in the district judge's discretion (unless the complainant in writing requests the immediate arrest of the alleged offender), issue the district judge's summons, wherein shall be recited the substance of the complaint, commanding the alleged offender to appear before the district judge upon a time to be therein stated, not less than twenty-four hours from the time of service of summons, and then and there to answer the charge. The summons shall contain a warning to the person summoned that failure to obey the same will render the person liable to attachment for contempt.
Haw. Rev. Stat. § 803-48.5 — HI Code / Division 5 / Title 38 / Chapter 803 / Section 803-48.5
Injunction against illegal interception.
Status: in_force

Whenever it appears that any person is engaged or is about to engage in any act that constitutes or will constitute a felony violation of this part, the attorney general may initiate a civil action in a circuit court of this State to enjoin the violation. The court shall proceed as soon as practicable to the hearing and make a determination of the action; provided that at any time before final determination, the court may enter a restraining order or take any other action that is warranted to prevent a continuing and substantial injury to the State or to any person or class of persons for whose protection the action is brought. A proceeding under this section is governed by the Hawaii rules of civil procedure; except that, if an indictment, information, or criminal complaint has been returned against the respondent, discovery shall be governed by the Hawaii rules of penal procedure.
Haw. Rev. Stat. § 801D-4 — HI Code / Division 5 / Title 38 / Chapter 801D / Section 801D-4
Basic bill of rights for victims and witnesses.
Status: in_force

(a) Upon written request, victims and surviving immediate family members of crime shall have the following rights:

(1) To be informed by the police and the prosecuting attorney of the final disposition of the case. If the crime charged is a felony, the victim or a surviving immediate family member shall be notified of major developments in the case and whenever the defendant or perpetrator is released from custody. The victim or a surviving immediate family member shall also be consulted and advised about plea bargaining by the prosecuting attorney;

(2) To be notified by the prosecuting attorney if a court proceeding to which they have been subpoenaed will not proceed as scheduled;

(3) To receive protection from threats or harm;

(4) To be informed by the police, victim/witness counselor, or other criminal justice personnel, of financial assistance and other social services available as a result of being a witness to or a victim of crime, including information on how to apply for the assistance and services;

(5) To be provided by the court, whenever possible, with a secure waiting area during court proceedings that does not require them to be in close proximity to defendants and families and friends of defendants;

(6) To have any stolen or other personal property expeditiously returned by law enforcement agencies when the property is no longer needed as evidence. If feasible, all the property, except weapons, currency, contraband, property subject to evidentiary analysis, and property, the ownership of which is disputed, shall be returned to the person within ten days of being taken; and

(7) To be informed by the department of corrections and rehabilitation of changes planned by the department in the custodial status of the offender that allows or results in the release of the offender into the community, including escape, furlough, work release, placement on supervised release, release on parole, release on bail bond, release on appeal bond, and final discharge at the end of the prison term.

(b) Upon written request, the victim or the parent or guardian of a minor or incapacitated victim of an offense under section 707-730, 707-731, or 707-732(1)(a) shall have the right to be informed of the human immunodeficiency virus (HIV) status of the person who has been convicted or a juvenile who has been adjudicated under that section and to receive counseling regarding HIV. The testing shall be performed according to the protocols set forth in section 325-17. Upon request of the victim, or the parent or guardian of a minor or incapacitated victim, the department of health shall provide counseling.

(c) Notwithstanding any law to the contrary, the department of corrections and rehabilitation, the Hawaii paroling authority, the judiciary probation divisions and branches, and the department of the attorney general shall make good faith efforts to notify the victim of a crime, or surviving immediate family members of a victim, of income received by a person imprisoned for that crime when the imprisoned person has received a civil judgment that exceeds $10,000, a civil settlement that exceeds $10,000, or any income that exceeds $10,000 in one fiscal year, whenever the income is known to the agency, and, in addition, the department of corrections and rehabilitation shall make good faith efforts to notify the victim of a crime or surviving immediate family members of a victim, whenever it is known to the agency that a person imprisoned for that crime has a financial account, of which the department of corrections and rehabilitation is aware, of a value exceeding $10,000.

(d) Notwithstanding any law to the contrary, payment of restitution and judgments to victims, or surviving immediate family members of a victim, shall be a precondition for release on parole for any imprisoned person whom the Hawaii paroling authority determines has the financial ability to make complete or partial restitution payments or complete or partial judgment payments to the victim of the person's crime, or to the surviving immediate family members of a victim.

(e) Notwithstanding any law to the contrary, the State of Hawaii, any political subdivision of the State of Hawaii, any department or agency of the State, any officer of the State, and any employee of the State shall be immune from damages in any lawsuit based on noncompliance with subsection (c) or (d). Nothing in this subsection shall be construed to prevent disciplinary action against any employee of the State who intentionally fails to comply with subsection (c) or (d) after being warned that compliance is required. [L 1988, c 261, pt of §1; am L 1990, c 164, §29; am L 1991, c 84, §1; am L 1998, c 238, §5; am L 2002, c 201, §2; am L 2022, c 278, §29]
Haw. Rev. Stat. § 842-12 — HI Code / Division 5 / Title 38 / Chapter 842 / Section 842-12
Inspection of tax records by chiefs of police.
Status: in_force

The chiefs of police of the several counties or their authorized representatives may apply to any judge for an order allowing inspection and examination of the tax returns and records on file with the department of taxation of persons suspected of wilful failure to pay or report taxes, provided that such order shall issue only upon a showing of probable cause.
Haw. Rev. Stat. § 806-85 — HI Code / Division 5 / Title 38 / Chapter 806 / Section 806-85
Probable cause.
Status: in_force

(a) When an information is filed, the court having jurisdiction shall review the information and its exhibit to determine whether there is probable cause to believe that the offense charged was committed and that the defendant committed the offense charged.

(b) A finding of the existence of probable cause or lack thereof may be based in whole or in part upon hearsay evidence or upon evidence that may ultimately be ruled to be inadmissible at the trial.

(c) If the court finds that there is probable cause to believe that the offense charged was committed and that the defendant committed the offense charged, the court shall set bail and direct the clerk to issue a warrant for the arrest of the defendant.

(d) As used in this section, "court having jurisdiction" and "court" mean the circuit court; provided that the chief justice may by order authorize district court judges to make probable cause determinations, set bail, and direct the issuance of arrest warrants, as provided by this section. [L 2004, c 62, pt of §1]
Haw. Rev. Stat. § 832-4 — HI Code / Division 5 / Title 38 / Chapter 832 / Section 832-4
Governor may investigate case.
Status: in_force

When a demand is made upon the governor by the executive authority of any state for the surrender of a person so charged with crime, the governor may call upon the attorney general or any other prosecuting officer in this State to investigate or assist in investigating the demand, and to report to the governor the situation and circumstances of the person so demanded, and whether the person ought to be surrendered.
Haw. Rev. Stat. § 832-17 — HI Code / Division 5 / Title 38 / Chapter 832 / Section 832-17
Extension of time of commitment; adjournment.
Status: in_force

If the accused is not arrested under warrant of the governor by the expiration of the time specified in the warrant or bond, a judge may discharge the accused or may recommit the accused for a further period not to exceed sixty days, or a judge may again take bail for the accused's appearance and surrender, as provided in section 832-16, but within a period not to exceed sixty days after the date of new bond.
Haw. Rev. Stat. § 806-82 — HI Code / Division 5 / Title 38 / Chapter 806 / Section 806-82
Prosecution of felonies by written information.
Status: in_force

Criminal charges may be instituted by written information signed by a legal prosecuting officer and filed in the court having jurisdiction thereof when the charge is a felony for which charging by written information is permitted by section 806-83.
Haw. Rev. Stat. § 841-2 — HI Code / Division 5 / Title 38 / Chapter 841 / Section 841-2
Appointment of deputies.
Status: in_force

The coroner may appoint as many deputy coroners as the coroner may deem necessary to aid the coroner in the discharge of the coroner's duties as coroner from amongst the subordinates in the coroner's department.
Haw. Rev. Stat. § 834-5 — HI Code / Division 5 / Title 38 / Chapter 834 / Section 834-5
Release of inmate.
Status: in_force

The superintendent or other official in charge of a penal or correctional institution in this State shall give over the person of any inmate thereof whenever so required by the operation of the Agreement on Detainers.
Haw. Rev. Stat. § 832-8 — HI Code / Division 5 / Title 38 / Chapter 832 / Section 832-8
Manner and place of execution.
Status: in_force

The warrant shall authorize the peace officer or other person to whom directed to arrest the accused at any time and any place where the accused may be found within this State and to command the aid of all peace officers or other persons in the execution of the warrant, and to deliver the accused, subject to this chapter to the duly authorized agent of the demanding state.
Haw. Rev. Stat. § 845-2 — HI Code / Division 5 / Title 38 / Chapter 845 / Section 845-2
Career criminal prosecution program.
Status: in_force

(a) There shall be established a career criminal prosecution program, whose purpose shall be the investigation and prosecution of those persons identified as habitual or career criminals.

(b) The office of the attorney general shall administer the program, and develop a plan of financial and technical assistance for prosecuting attorneys' offices. The attorney general shall direct the program and may allocate and award funds to counties in which career criminal prosecution units are established in substantial compliance with the policies and criteria established by the attorney general. The establishment of these policies and criteria shall not be subject to chapter 91, but the criteria shall be based on the general definition in section 845-3. [L 1979, c 104, pt of §1]
Haw. Rev. Stat. § 806-48 — HI Code / Division 5 / Title 38 / Chapter 806 / Section 806-48
Postponement.
Status: in_force

No person prosecuted shall be entitled as of right to traverse or postpone the trial of any indictment preferred against the person, or to have time to plead or demur to the indictment allowed the person; provided always that if the court before which any person is indicted upon the application of the person or otherwise, is of opinion that the person ought to be allowed a further time to plead, or demur, or to prepare for the person's defense, or otherwise, the court may grant further time to plead, or demur, or may adjourn the receiving or taking of the plea, or demurrer, and the trial (or as the case may be) of the person to the next or any subsequent term of the court, and upon such terms as to bail or otherwise as to the court shall seem meet.
Haw. Rev. Stat. § 853-1 — HI Code / Division 5 / Title 38 / Chapter 853 / Section 853-1
Deferred acceptance of guilty plea or nolo contendere plea; discharge and dismissal, expungement of records.
Status: in_force

(a) Upon proper motion as provided by this chapter:

(1) When a defendant voluntarily pleads guilty or nolo contendere, prior to commencement of trial, to a felony, misdemeanor, or petty misdemeanor;

(2) It appears to the court that the defendant is not likely again to engage in a criminal course of conduct; and

(3) The ends of justice and the welfare of society do not require that the defendant shall presently suffer the penalty imposed by law,

the court, without accepting the plea of nolo contendere or entering a judgment of guilt and with the consent of the defendant and after considering the recommendations, if any, of the prosecutor, may defer further proceedings.

(b) The proceedings may be deferred upon any of the conditions specified by section 706-624. As a further condition, the court shall impose a compensation fee pursuant to section 351-62.6 and a probation services fee pursuant to section 706-648 upon every defendant who has entered a plea of guilty or nolo contendere to a petty misdemeanor, misdemeanor, or felony; provided that the court shall waive the imposition of a compensation or probation services fee, if it finds that the defendant is unable to pay the compensation or probation services fee. The court may defer the proceedings for a period of time as the court shall direct but in no case to exceed the maximum sentence allowable; provided that, if the defendant has entered a plea of guilty or nolo contendere to a petty misdemeanor, the court may defer the proceedings for a period not to exceed one year. The defendant may be subject to bail or recognizance at the court's discretion during the period during which the proceedings are deferred.

(c) Upon the defendant's completion of the period designated by the court and in compliance with the terms and conditions established, the court shall discharge the defendant and dismiss the charge against the defendant.

(d) Discharge of the defendant and dismissal of the charge against the defendant under this section shall be without adjudication of guilt, shall eliminate any civil admission of guilt, and is not a conviction.

(e) Upon discharge of the defendant and dismissal of the charge against the defendant under this section, the defendant may apply for expungement not less than one year following discharge, pursuant to section 831-3.2. [L 1976, c 154, pt of §2; am L 1979, c 147, §1 and c 155, §1; am L 1980, c 232, §42; am L 1983, c 290, §2(1), (2); gen ch 1985; am L 1988, c 184, §1; am L 2000, c 115, §3; am L 2012, c 295, §2]
Haw. Rev. Stat. § 801-3 — HI Code / Division 5 / Title 38 / Chapter 801 / Section 801-3
Jury list, witnesses.
Status: in_force

Any person indicted for a crime punishable with imprisonment for life not subject to parole shall, on demand upon the clerk by the person or the person's counsel, have a list of the jurors returned delivered to the person, and shall also have process to summon such witnesses as are necessary for the person's defense.
Haw. Rev. Stat. § 834-1 — HI Code / Division 5 / Title 38 / Chapter 834 / Section 834-1
Agreement adopted.
Status: in_force

The Agreement on Detainers is hereby enacted into law and entered into by this State with all other jurisdictions legally joining therein substantially as follows:

"The contracting States solemnly agree that:

Article I

The party states find that charges outstanding against a prisoner, detainers based on untried indictments, informations or complaints, and difficulties in securing speedy trial of persons already incarcerated in other jurisdictions, produce uncertainties which obstruct programs of prisoner treatment and rehabilitation. Accordingly, it is the policy of the party states and the purpose of this agreement to encourage the expeditious and orderly disposition of such charges and determination of the proper status of any and all detainers based on untried indictments, informations or complaints. The party states also find that proceedings with reference to such charges and detainers, when emanating from another jurisdiction, cannot properly be had in the absence of cooperative procedures. It is the further purpose of this agreement to provide such cooperative procedures.

Article II

As used in this agreement:

(a) "State" shall mean a state of the United States; the United States of America; a territory or possession of the United States; the District of Columbia; the Commonwealth of Puerto Rico.

(b) "Sending state" shall mean a state in which a prisoner is incarcerated at the time that the prisoner initiates a request for final disposition pursuant to Article III hereof or at the time that a request for custody or availability is initiated pursuant to Article IV hereof.

(c) "Receiving state" shall mean the state in which trial is to be had on an indictment, information or complaint pursuant to Article III or Article IV hereof.

Article III

(a) Whenever a person has entered upon a term of imprisonment in a penal or correctional institution of a party state, and whenever during the continuance of the term of imprisonment there is pending in any other party state any untried indictment, information or complaint on the basis of which a detainer has been lodged against the prisoner, the prisoner shall be brought to trial within one hundred eighty (180) days after the prisoner shall have caused to be delivered to the prosecuting officer and the appropriate court of the prosecuting officer's jurisdiction written notice of the place of the prisoner's imprisonment and the prisoner's request for a final disposition to be made of the indictment, information or complaint; provided that for good cause shown in open court, the prisoner or the prisoner's counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance. The request of the prisoner shall be accompanied by a certificate of the appropriate official having custody of the prisoner stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner, and any decisions of the state parole agency relating to the prisoner.

(b) The written notice and request for final disposition referred to in paragraph (a) hereof shall be given or sent by the prisoner to the superintendent, administrator of corrections or other official having custody of the prisoner, who shall promptly forward it together with the certificate to the appropriate prosecuting official and court by registered or certified mail, return receipt requested.

(c) The superintendent, administrator of corrections or other official having custody of the prisoner shall promptly inform the prisoner of the source and contents of any detainer lodged against the prisoner and shall also inform the prisoner of the prisoner's right to make a request for final disposition of the indictment, information or complaint on which the detainer is based.

(d) Any request for final disposition made by a prisoner pursuant to paragraph (a) hereof shall operate as a request for final disposition of all untried indictments, informations or complaints on the basis of which detainers have been lodged against the prisoner from the state to whose prosecuting official the request for final disposition is specifically directed. The superintendent, administrator of corrections or other official having custody of the prisoner shall forthwith notify all appropriate prosecuting officers and courts in the several jurisdictions within the state to which the prisoner's request for final disposition is being sent of the proceeding being initiated by the prisoner. Any notification sent pursuant to this paragraph shall be accompanied by copies of the prisoner's written notice, request, and the certificate. If trial is not had on any indictment, information or complaint contemplated hereby prior to the return of the prisoner to the original place of imprisonment, such indictment, information or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice.

(e) Any request for final disposition made by a prisoner pursuant to paragraph (a) hereof shall also be deemed to be a waiver of extradition with respect to any charge or proceeding contemplated thereby or included therein by reason of paragraph (d) hereof, and a waiver of extradition to the receiving state to serve any sentence there imposed upon the prisoner, after completion of the prisoner's term of imprisonment in the sending state. The request for final disposition shall also constitute a consent by the prisoner to the production of the prisoner's body in any court where the prisoner's presence may be required in order to effectuate the purposes of this agreement and a further consent voluntarily to be returned to the original place of imprisonment in accordance with the provisions of this agreement. Nothing in this paragraph shall prevent the imposition of a concurrent sentence if otherwise permitted by law.

(f) Escape from custody by the prisoner subsequent to the prisoner's execution of the request for final disposition referred to in paragraph (a) hereof shall void the request.

Article IV

(a) The appropriate officer of the jurisdiction in which an untried indictment, information or complaint is pending shall be entitled to have a prisoner against whom the officer has lodged a detainer and who is serving a term of imprisonment in any party state made available in accordance with Article V(a) hereof upon presentation of a written request for temporary custody or availability to the appropriate authorities of the state in which the prisoner is incarcerated; provided that the court having jurisdiction of such indictment, information or complaint shall have duly approved, recorded and transmitted the request; and provided further that there shall be a period of thirty (30) days after receipt by the appropriate authorities before the request be honored, within which period the governor of the sending state may disapprove the request for temporary custody or availability, either upon the governor's own motion or upon motion of the prisoner.

(b) Upon receipt of the officer's written request as provided in paragraph (a) hereof, the appropriate authorities having the prisoner in custody shall furnish the officer with a certificate stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner, and any decisions of the state parole agency relating to the prisoner. Said authorities simultaneously shall furnish all other officers and appropriate courts in the receiving state who have lodged detainers against the prisoner with similar certificates and with notices informing them of the request for custody or availability and of the reasons therefor.

(c) In respect of any proceeding made possible by this Article, trial shall be commenced within one hundred twenty (120) days of the arrival of the prisoner in the receiving state, but for good cause shown in open court, the prisoner or the prisoner's counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance.

(d) Nothing contained in this Article shall be construed to deprive any prisoner of any right which the prisoner may have to contest the legality of the prisoner's delivery as provided in paragraph (a) hereof, but such delivery may not be opposed or denied on the ground that the executive authority of the sending state has not affirmatively consented to or ordered such delivery.

(e) If trial is not had on any indictment, information or complaint contemplated hereby prior to the prisoner's being returned to the original place of imprisonment pursuant to Article V (e) hereof, such indictment, information or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice.

Article V

(a) In response to a request made under Article III or Article IV hereof, the appropriate authority in a sending state shall offer to deliver temporary custody of such prisoner to the appropriate authority in the state where such indictment, information or complaint is pending against such person in order that speedy and efficient prosecution may be had. If the request for final disposition is made by the prisoner, the offer of temporary custody shall accompany the written notice provided for in Article III of this agreement. In the case of a federal prisoner, the appropriate authority in the receiving state shall be entitled to temporary custody as provided by this agreement or to the prisoner's presence in federal custody at the place for trial, whichever custodial arrangement may be approved by the custodian.

(b) The officer or other representative of a state accepting an offer of temporary custody shall present the following upon demand:

(1) Proper identification and evidence of the officer's or representative's authority to act for the state into whose temporary custody the prisoner is to be given.

(2) A duly certified copy of the indictment, information or complaint on the basis of which the detainer has been lodged and on the basis of which the request for temporary custody of the prisoner has been made.

(c) If the appropriate authority shall refuse or fail to accept temporary custody of said person, or in the event that an action on the indictment, information or complaint on the basis of which the detainer has been lodged is not brought to trial within the period provided in Article III or Article IV hereof, the appropriate court of the jurisdiction where the indictment, information or complaint has been pending shall enter an order dismissing the same with prejudice, and any detainer based thereon shall cease to be of any force or effect.

(d) The temporary custody referred to in this agreement shall be only for the purpose of permitting prosecution on the charge or charges contained in one or more untried indictments, informations or complaints which form the basis of the detainer or detainers or for prosecution on any other charge or charges arising out of the same transaction. Except for the prisoner's attendance at court and while being transported to or from any place at which the prisoner's presence may be required, the prisoner shall be held in a suitable jail or other facility regularly used for persons awaiting prosecution.

(e) At the earliest practicable time consonant with the purposes of this agreement, the prisoner shall be returned to the sending state.

(f) During the continuance of temporary custody or while the prisoner is otherwise being made available for trial as required by this agreement, time being served on the sentence shall continue to run but good time shall be earned by the prisoner only if, and to the extent that, the law and practice of the jurisdiction which imposed the sentence may allow.

(g) For all purposes other than that for which temporary custody as provided in this agreement is exercised, the prisoner shall be deemed to remain in the custody of and subject to the jurisdiction of the sending state and any escape from temporary custody may be dealt with in the same manner as an escape from the original place of imprisonment or in any other manner permitted by law.

(h) From the time that a party state receives custody of a prisoner pursuant to this agreement until such prisoner is returned to the territory and custody of the sending state, the state in which the one or more untried indictments, informations or complaints are pending or in which trial is being had shall be responsible for the prisoner and shall also pay all costs of transporting, caring for, keeping and returning the prisoner. The provisions of this paragraph shall govern unless the states concerned shall have entered into a supplementary agreement providing for a different allocation of costs and responsibilities as between or among themselves. Nothing herein contained shall be construed to alter or affect any internal relationship among the departments, agencies and officers of and in the government of a party state, or between a party state and its subdivisions, as to the payment of costs, or responsibilities therefor.

Article VI

(a) In determining the duration and expiration dates of the time periods provided in Articles III and IV of this agreement, the running of said time periods shall be tolled whenever and for as long as the prisoner is unable to stand trial, as determined by the court having jurisdiction of the matter.

(b) No provision of this agreement, and no remedy made available by this agreement, shall apply to any person who is adjudged to be mentally ill.

Article VII

Each state party to this agreement shall designate an officer who, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms and provisions of this agreement, and who shall provide, within and without the state, information necessary to the effective operation of this agreement.

Article VIII

This agreement shall enter into full force and effect as to a party state when such state has enacted the same into law. A state party to this agreement may withdraw herefrom by enacting a statute repealing the same. However, the withdrawal of any state shall not affect the status of any proceedings already initiated by inmates or by state officers at the time such withdrawal takes effect, nor shall it affect their rights in respect thereof.

Article IX

This agreement shall be liberally construed so as to effectuate its purposes. The provisions of this agreement shall be severable and if any phrase, clause, sentence or provision of this agreement is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this agreement and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this agreement shall be held contrary to the constitution of any state party hereto, the agreement shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters". [L 1965, c 160, §1; Supp, §250A-1; HRS §714-1; ren L 1972, c 9, pt of §1; gen ch 1993]
Haw. Rev. Stat. § 846-52 — HI Code / Division 5 / Title 38 / Chapter 846 / Section 846-52
Responsibility for system.
Status: in_force

(a) The department of the attorney general shall be responsible for the collection, storage, dissemination, and analysis of all hate crime data from all agencies that have primary investigative, action, or program responsibility for adult or juvenile offenses, including the county police departments, the county prosecutors, the family courts, and the departments or agencies responsible for administering any correctional facilities.

(b) The attorney general shall develop the system and the procedures for reporting, inputting, accessing, and protecting the information concerning the commission of hate crimes and obtaining the agreement of agencies permitted to directly input and access information.

(c) Hate crime data collected by the attorney general may be shared with other agencies in accordance with section 92F-19. Public dissemination of this information shall be subject to section 92F-13. [L 2001, c 240, pt of §2]
Haw. Rev. Stat. § 832-14 — HI Code / Division 5 / Title 38 / Chapter 832 / Section 832-14
Arrest without a warrant.
Status: in_force

The arrest of a person may be lawfully made also by any peace officer or a private person, without a warrant upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment for a term exceeding one year, but when so arrested the accused must be taken before a judge with all practicable speed and complaint must be made against the accused under oath setting forth the ground for the arrest as in section 832-13; and thereafter the accused's answer shall be heard as if the accused had been arrested on a warrant.
Haw. Rev. Stat. § 846E-3 — HI Code / Division 5 / Title 38 / Chapter 846E / Section 846E-3
Access to registration information.
Status: in_force

(a) Registration information shall be disclosed as follows:

(1) The information shall be disclosed to law enforcement agencies for law enforcement purposes;

(2) The information shall be disclosed to government agencies conducting confidential background checks; and

(3) The attorney general and any county police department shall release public information as provided in subsection (b) concerning a specific person required to register under this chapter; provided that the identity of a victim of an offense that requires registration under this chapter shall not be released.

(b) For purposes of this section, "public information" means:

(1) Name, prior names, nicknames and pseudonyms, and all aliases used by the covered offender or under which the covered offender has been known;

(2) The year of the covered offender's date of birth and the year of the covered offender's alias dates of birth;

(3) A physical description of the covered offender, including a description of particular identifying characteristics such as scars or tattoos;

(4) The actual address where the covered offender resides or any current, temporary address where the covered offender resides or, if an address is not available, a description of any place or area in which the covered offender resides for at least thirty nonconsecutive days within a sixty-day period, and, for each address or place where the covered offender resides, how long the covered offender has resided there;

(5) The actual address or description of the place or area where the covered offender is staying for more than ten days, if other than the stated residence, and the actual length of time of the stay;

(6) The future actual address, if known, where the covered offender is planning to reside, if other than the stated residence;

(7) The street name and zip code of the covered offender's current locations of employment, including information for any place where the covered offender works as a volunteer or otherwise works without remuneration;

(8) For covered offenders who may not have a fixed place of employment, a description of the places where such a covered offender works;

(9) Professional licenses held by the covered offender;

(10) Names and actual addresses of current and known future educational institutions with which the covered offender is affiliated as a faculty member, an employee, or a student, and the starting and ending dates of any such affiliation;

(11) The year, make, model, color, and license number of all vehicles, including automobiles, watercrafts, and aircrafts, currently owned or operated by the covered offender, excluding vehicles operated exclusively for purposes of work;

(12) A statement listing all covered offenses for which the covered offender has been convicted or found unfit to proceed or acquitted pursuant to chapter 704;

(13) Judgment of conviction, judgment of acquittal, or judicial determination of unfitness to proceed documenting the criminal offense or offenses for which the covered offender is registered;

(14) The text, or an electronic link to the text, of the provision of law defining the criminal offense or offenses for which the covered offender is registered; and

(15) A recent photograph of the covered offender.

The identity of any victim of a sexual offense shall not be disclosed and any documentation containing such information shall be redacted to prevent disclosure.

(c) To facilitate community notification, after a covered offender registers or updates a registration, the attorney general may provide public information in the registry about that offender to any organization, company, or individual who requests such notification pursuant to procedures established by the attorney general through rules adopted pursuant to chapter 91.

(d) A covered offender may seek correction of erroneous public information by petitioning the attorney general to make the correction. If the covered offender is not satisfied with the decision of the attorney general on the request for correction, the covered offender may appeal the decision pursuant to chapter 91.

(e) Public access to a covered offender's public information shall be permitted with regard to each covered offender beginning the next working day following the filing of a judgment of conviction, a finding of unfitness to proceed or an acquittal due to mental disease, disorder, or defect, for a covered offense, or as soon thereafter as is practical. When a notice of appeal has been filed, the public information shall note that the covered offender has filed a notice of appeal. The public information shall be removed upon the reversal of the covered offender's conviction or the granting of a pardon to the covered offender.

(f) Public access authorized by this section shall be provided by both public internet access and on-site public access; provided that on-site public access shall be provided for each covered offender at the Hawaii criminal justice data center and at one or more designated police stations in each county, to be designated by the attorney general, between the hours of 8:00 a.m. and 4:30 p.m. on weekdays, excluding holidays.

(g) Public access to the public information for each covered offender shall be permitted while the covered offender is subject to sex offender registration, except that after forty years have elapsed after release or sentencing, whichever is later, a covered offender may petition the court in a civil proceeding to terminate public access. In the civil proceeding to terminate public access, the State shall be represented by the attorney general; provided that the attorney general, with the prosecuting agency's consent, may designate the prosecuting agency that prosecuted the covered offender for the most recent covered offense within the State to represent the State. For covered offenders who have never been convicted of a covered offense within the State of Hawaii, the attorney general shall represent the State; provided that the attorney general, with the prosecuting agency's consent, may designate the prosecuting agency for the county in which the covered offender resides to represent the State. The court may order this termination upon substantial evidence and more than proof by a preponderance of the evidence that:

(1) The covered offender has had no new convictions for covered offenses;

(2) The covered offender is very unlikely to commit a covered offense ever again; and

(3) Public access to the covered offender's public information will not assist in protecting the safety of the public or any member thereof;

provided that a denial by the court for relief pursuant to a petition under this section shall preclude the filing of another petition for five years from the date of the last denial.

(h) If a covered offender has been convicted of only one covered offense and that covered offense is a misdemeanor and was not committed against a minor, the covered offender shall not be subject to the public access requirements set forth in this section.

(i) The following message shall be posted at both the site of internet access and on-site public access locations:

"Information regarding covered offenders is permitted pursuant to chapter 846E. Public access to this information is based solely on the fact of each offender's criminal conviction and is not based on an estimate of the offender's level of dangerousness. By allowing public access to this information, the State makes no representation as to whether the covered offenders listed are dangerous. Any person who uses the information in this registry to injure, harass, or commit a criminal act against any person included in the registry may be subject to criminal prosecution, civil liability, or both."

(j) The public access provisions of this section shall apply to all covered offenders without regard to the date of conviction.

(k) "Conviction" as used in this section means:

(1) A judgment on the verdict, or a finding of guilt after a plea of guilty or nolo contendere, excluding the adjudication of a minor;

(2) A finding of unfitness to proceed resulting in the release of the covered offender into the community, excluding such a finding as to a minor; or

(3) An acquittal due to a physical or mental disease, disorder, or defect pursuant to chapter 704 resulting in the release of the covered offender into the community, excluding such acquittal as to a minor. [L 1997, c 316, pt of §2; am L 1998, c 194, §3; am L 2002, c 234, §2; am L 2003, c 62, §5; am L 2004, c 59, §3; am L 2005, c 45, §5; am L 2006, c 106, §3; am L 2008, c 80, §6 ; am L 2025, c 149, §3]
Haw. Rev. Stat. § 846E-8 — HI Code / Division 5 / Title 38 / Chapter 846E / Section 846E-8
Good faith immunity.
Status: in_force

Law enforcement agencies, employees of law enforcement agencies, and state and county officials shall be immune from liability for good faith conduct under this chapter.
Haw. Rev. Stat. § 835-1 — HI Code / Division 5 / Title 38 / Chapter 835 / Section 835-1
Material witness order; defined.
Status: in_force

A material witness order is a court order:

(1) Adjudging a person a material witness in a pending criminal action; and

(2) Fixing bail to secure the person's future attendance thereat. [L 1971, c 214, pt of §1; HRS §718-1; ren L 1972, c 9, pt of §1; gen ch 1985; am L 2016, c 55, §49]
Haw. Rev. Stat. § 844D-39 — HI Code / Division 5 / Title 38 / Chapter 844D / Section 844D-39
Collection of specimen from sex offense registrants.
Status: in_force

(a) If a person, except for any juvenile, is convicted of, pleads guilty or no contest to, or is found not guilty by reason of insanity of any of the offenses requiring registration pursuant to chapter 846E, and has given a blood specimen or other biological sample or samples to law enforcement for any purpose, the department is authorized to analyze, or direct a designated entity to analyze, the blood specimen and other biological sample or samples for forensic identification markers, including DNA markers, and to include the DNA and forensic identification profiles from these specimens and samples in the state DNA database and data bank identification program.

(b) This section applies whether or not the blood specimen or other biological sample originally was collected from a sexual offender pursuant to the State's DNA and forensic identification database and data bank program, and whether or not the crime committed predated the enactment of the State's DNA and forensic identification database and data bank program, or any amendments thereto. This section does not relieve a person convicted of a crime described in section 844D‑31(a), or otherwise subject to this chapter, from the requirement to give buccal swab samples and print impressions and, if required by the collecting agency's rules or internal regulations, any blood specimens for the state DNA database and data bank identification program as described in this chapter. [L 2005, c 112, pt of §1]
Haw. Rev. Stat. § 802E-1 — HI Code / Division 5 / Title 38 / Chapter 802E / Section 802E-1
Legislative findings and intent.
Status: in_force

The legislature finds that in many instances involving an individual who is not a citizen of the United States charged with an offense punishable as a crime under state law, a plea of guilty or nolo contendere is entered without the defendant knowing that a conviction of such offense is grounds for deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States. Therefore, it is the intent of the legislature in enacting this section to promote fairness to such accused individuals by requiring in such cases that acceptance of a guilty plea or plea of nolo contendere be preceded by an appropriate warning of the special consequences for such a defendant which may result from the plea. It is also the intent of the legislature that the court in such cases shall grant the defendant a reasonable amount of time to negotiate with the prosecuting agency in the event the defendant or the defendant's counsel was unaware of the possibility of deportation, exclusion from admission to the United States, or denial of naturalization as a result of conviction. It is further the intent of the legislature that at the time of the plea no defendant shall be required to disclose the defendant's legal status to the court.
Haw. Rev. Stat. § 842-6 — HI Code / Division 5 / Title 38 / Chapter 842 / Section 842-6
Enjoining other business operations.
Status: in_force

The attorney general may institute civil proceedings in the circuit court to enjoin the operation of any business other than a corporation, including a partnership, limited partnership, unincorporated association, joint venture, or sole proprietorship, when:

(1) Any person in control of the business, who may be a partner in a partnership or in a limited partnership, a participant in a joint venture, the owner of a sole proprietorship, an employee or agent of any such business, or a person who, in fact, exercises control over the operations of the business in conducting business affairs, purposely engages in a persistent course of organized crime with the intent to compel or induce other persons, firms, or corporations to deal with the business or engage in organized crime; and

(2) The public interest requires the operation of the business to be enjoined, for the prevention of future illegal conduct of the same character. [L 1972, c 71, pt of §2]
Haw. Rev. Stat. § 804-36 — HI Code / Division 5 / Title 38 / Chapter 804 / Section 804-36
Term and renewal of bond.
Status: in_force

The bond shall be limited in its operation to a term not exceeding one year, the same to be fixed by the district judge, and at any time within thirty days of the expiration of the term, the complainant may renew the complainant's application, and the order for security may be renewed on the oath of the complainant, declaring that the complainant still fears the execution of the prisoner's former designs, provided the district judge, after hearing the circumstances of the case, shall deem such fear well-founded. [PC 1869, c 47, §5; RL 1925, §4001; RL 1935, §5455; am L 1937, c 17, §2; RL 1945, §10755; RL 1955, §256-35; HRS §709-36; am L 1970, c 188, §39; ren L 1972, c 9, pt of §1; gen ch 1985]
Haw. Rev. Stat. § 806-50 — HI Code / Division 5 / Title 38 / Chapter 806 / Section 806-50
Standing mute.
Status: in_force

If any person being arraigned upon or charged with any offense, stands mute of malice, or will not answer directly to the indictment, the court (if it shall so think fit) may order the proper officer to enter a plea of "not guilty" on behalf of that person, and the plea so entered shall have the same force and effect as if the person had actually pleaded the same.
Haw. Rev. Stat. § 802-2 — HI Code / Division 5 / Title 38 / Chapter 802 / Section 802-2
Notification of right to representation.
Status: in_force

In every criminal case or proceeding in which a person entitled by law to representation by counsel appears without counsel, the judge shall advise the person of the person's right to representation by counsel and also that if the person is financially unable to obtain counsel, the court may appoint one at the cost to the State.
Haw. Rev. Stat. § 802-4 — HI Code / Division 5 / Title 38 / Chapter 802 / Section 802-4
Determination of indigency.
Status: in_force

Unless otherwise ordered by the court, the determination of indigency shall be made by a public defender, subject to review by the court. Such determination shall be based upon an appropriate inquiry into the financial circumstances of the person seeking legal representation and an affidavit or a certificate signed by such person demonstrating the person's financial inability to obtain legal counsel. A person shall waive the person's right to counsel by refusing to furnish any information pertinent to the determination of indigency.
Haw. Rev. Stat. § 832-19 — HI Code / Division 5 / Title 38 / Chapter 832 / Section 832-19
Persons under criminal prosecution in this State at time of requisition.
Status: in_force

If a criminal prosecution has been instituted against such person under the laws of this State and is still pending, the governor, in the governor's discretion, either may surrender the person on demand of the executive authority of any state or hold the person until the person has been tried and discharged or convicted and punished in this State.
Haw. Rev. Stat. § 804-19 — HI Code / Division 5 / Title 38 / Chapter 804 / Section 804-19
Times for appearance.
Status: in_force

Witnesses bound to appear, and persons let out on bail, shall not only attend on the day appointed in their respective obligations, but at such other times as the court shall direct, and the obligation continues until they are discharged by the court. [PC 1869, c 50, §18; RL 1925, §3995; RL 1935, §5449; RL 1945, §10749; RL 1955, §256-19; HRS §709-19; ren L 1972, c 9, pt of §1]
Haw. Rev. Stat. § 806-83 — HI Code / Division 5 / Title 38 / Chapter 806 / Section 806-83
Felonies for which criminal charges may be instituted by written information.
Status: in_force

(a) Criminal charges may be instituted by written information for a felony when the charge is a class C felony, except under:

(1) Section 159-28 (bribery related to the Hawaii Meat Inspection Act);

(2) Section 161-28 (bribery related to the Hawaii Poultry Inspection Act);

(3) Section 707-712.5 (assault against a law enforcement officer in the first degree);

(4) Section 707-716 (terroristic threatening in the first degree);

(5) Section 707-732 (sexual assault in the third degree);

(6) Section 707-741 (incest);

(7) Section 707-752 (promoting child abuse in the third degree);

(8) Section 708-880 (commercial bribery);

(9) Section 709-904.5 (compensation by an adult of juveniles for crimes);

(10) Section 710-1026.9 (resisting an order to stop a motor vehicle in the first degree);

(11) Section 710-1070 (bribery of or by a witness);

(12) Section 710-1071 (intimidating a witness);

(13) Section 710-1072.2 (retaliating against a witness);

(14) Section 710-1073 (bribery of or by a juror);

(15) Section 710-1075 (jury tampering);

(16) Section 710-1075.5 (retaliating against a juror);

(17) Section 711-1106.4 (aggravated harassment by stalking);

(18) Section 711-1110.9 (violation of privacy in the first degree);

(19) Section 712-1208 (promoting travel for prostitution);

(20) Section 712-1209.5 (habitual commercial sexual exploitation);

(21) Section 712-1218 (failure to maintain age verification records of sexual performers);

(22) Section 712-1218.5 (failure to maintain age verification records of sexually exploited individuals); and

(23) Section 712-1219 (failure to affix information disclosing location of age verification records of sexual performers).

(b) Criminal charges may be instituted by written information for a felony when the charge is a class B felony, except under:

(1) Section 707-720 (kidnapping);

(2) Section 707-731 (sexual assault in the second degree);

(3) Section 707-751 (promoting child abuse in the second degree);

(4) Section 708-841 (robbery in the second degree);

(5) Section 709-904.5 (compensation by an adult of juveniles for crimes; grade or class of offense increased);

(6) Section 710-1031 (intimidating a correctional worker);

(7) Section 710-1040 (bribery);

(8) Section 710-1074 (intimidating a juror); and

(9) Section 712-1203 (promoting prostitution).

(c) Criminal charges may be instituted by written information for a felony when the charge is a felony under:

(1) Section 19-3 (election frauds);

(2) Section 480-4 (combinations in restraint of trade, price-fixing and limitation of production prohibited);

(3) Section 480-6 (refusal to deal); or

(4) Section 480-9 (monopolization).

(d) Criminal charges may be instituted by written information for a felony when the charge is under section 329-46 (prohibited acts related to visits to more than one practitioner to obtain controlled substance prescriptions) and the comparable offense under part IV of chapter 712 is a class B or class C felony offense not enumerated in subsection (a) or (b).

(e) Criminal charges may be instituted by written information for a felony when:

(1) The charge involves:

(A) Section 702-221 (liability for conduct of another);

(B) Section 702-222 (liability for conduct of another; complicity);

(C) Section 702-223 (liability for conduct of another; complicity with respect to the result);

(D) Section 705-500 (criminal attempt);

(E) Section 705-510 (criminal solicitation); or

(F) Section 705-520 (criminal conspiracy); and

(2) The underlying offense is a class B or class C felony offense not listed in subsection (a) or (b), or an offense specified in subsection (c) or (d). [L 2004, c 62, pt of §1; am L 2006, c 66, §5, c 104, §1, and c 229, §16; am L 2009, c 149, §8; am L 2010, c 114, §1; am L 2013, c 64, §2; am L 2015, c 35, §33; am L 2016, c 231, §65; am L 2017, c 189, §1; am L 2021, c 68, §13 ; am L 2025, c 9, §2]
Haw. Rev. Stat. § 832-10 — HI Code / Division 5 / Title 38 / Chapter 832 / Section 832-10
Rights of accused person; application for writ of habeas corpus.
Status: in_force

No person arrested upon the warrant shall be delivered over to the agent whom the executive authority demanding him has appointed to receive him unless he shall first be taken before a judge of a court of record in this State, who shall inform him of the demand made for his surrender and of the crime with which he is charged, and that he has the right to demand and procure legal counsel; and if the prisoner or his counsel states that he or they desire to test the legality of his arrest, the judge of the court of record shall fix a reasonable time to be allowed him within which to apply for a writ of habeas corpus. When the writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the prosecuting officer of the county in which the arrest is made and in which the accused is in custody, and to the agent of the demanding state.
Haw. Rev. Stat. § 844D-85 — HI Code / Division 5 / Title 38 / Chapter 844D / Section 844D-85
Confidentiality of computer software and database structures.
Status: in_force

To maintain the computer system security of the state DNA database and data bank identification program, the computer software and database structures used by the DNA laboratory of the department to implement this chapter are confidential.
Haw. Rev. Stat. § 846E-1 — HI Code / Division 5 / Title 38 / Chapter 846E / Section 846E-1
Definitions.
Status: in_force

As used in this chapter, unless the context clearly requires otherwise:

"Agency having jurisdiction" means that agency with the authority to direct the release of a person serving a sentence or term of confinement or place a person on probation, supervised release, or parole and includes the department of corrections and rehabilitation, the Hawaii paroling authority, the courts, and the department of health.

"Attorney general" means the attorney general of the State of Hawaii, the department of the attorney general, or an authorized representative of the attorney general.

"Chief of police" means the county chief of police, the county police department, or an authorized representative of the chief of police.

"Clean record" means no conviction for a felony or covered offense, if placed on probation or parole, completion of probation or parole without more than one revocation, and, for sex offenders, successful completion of an appropriate sex offender treatment program, if such program was ordered.

"Conviction" means a judgment on the verdict, or a finding of guilt after a plea of guilty or nolo contendere, excluding the adjudication of a minor, and occurs on the date judgment is entered.

"Covered offender" means a "sex offender" or an "offender against minors", as defined in this section.

"Covered offense" means a criminal offense that is:

(1) A crime within the definition of "crimes against minors" in this section; or

(2) A crime within the definition of "sexual offense" in this section.

"Crime against minors" excludes "sexual offenses" as defined in this section and means a criminal offense that consists of:

(1) Kidnapping of a minor, by someone other than a parent;

(2) Unlawful imprisonment in the first or second degree that involves the unlawful imprisonment of a minor by someone other than a parent;

(3) An act, as described in chapter 705, that is an attempt, criminal solicitation, or criminal conspiracy to commit one of the offenses designated in paragraph (1) or (2);

(4) A criminal offense that is comparable to or which exceeds one of the offenses designated in paragraphs (1) through (3); or

(5) Any federal, military, out-of-state, tribal, or foreign conviction for any offense that, under the laws of this State, would be a crime against minors as designated in paragraphs (1) through (4).

"Foreign conviction" means a conviction under the laws of:

(1) Canada, United Kingdom, Australia, or New Zealand; or

(2) Any other foreign country, if the United States Department of State, in its Country Reports on Human Rights Practices, has concluded that an independent judiciary vigorously enforced the right to a fair trial in that country during the year in which the conviction occurred and enforces the right to a fair trial to the same or higher standard as the countries listed in paragraph (1).

"Offender against minors" means a person who is not a "sex offender", as defined in this section, and is or has been:

(1) Convicted at any time, whether before or after May 9, 2005, of a "crime against minors" as defined in this section; or

(2) Charged at any time, whether before or after May 9, 2005, with a "crime against minors" as defined in this section and who is found unfit to proceed and is released into the community or who is acquitted due to a physical or mental disease, disorder, or defect pursuant to chapter 704 and is released into the community.

"Out-of-state conviction" means a conviction in any other state of the United States, the District of Columbia, or the five principal United States territories, including the Commonwealth of Puerto Rico, Guam, American Samoa, the Northern Mariana Islands, and the United States Virgin Islands.

"Parent" means a parent, legal guardian, or a person who has a substantial familial or hanai relationship with the minor.

"Permanent residence" means a building, permanent structure or unit therein, or watercraft where the covered offender resides and intends to reside indefinitely, or at least for the next one hundred eighty days, and which the offender owns, rents, or occupies with the consent of the owner.

"Registration information" means the information specified in section 846E-2(d) and (e).

"Release" means release from:

(1) Imprisonment;

(2) Imprisonment and placed on parole;

(3) Imprisonment and placed on furlough;

(4) Any form of commitment, custody, or confinement resulting from an order made pursuant to chapter 704; or

(5) A halfway house or other equivalent facility,

whichever is later.

"Repeat covered offender" means:

(1) A person who is or has been convicted at any time, whether before or after May 9, 2005, of more than one covered offense as defined in this section, except that a conviction for multiple counts within a single charging document that allege covered offenses against the same victim and that allege the same date of the covered offense against that single victim shall be considered, for the purposes of this definition, a single covered offense; or

(2) A person who is or has been charged at any time, whether before or after May 9, 2005, with more than one covered offense as defined in this section and who has been, more than once, either:

(A) Convicted;

(B) Found unfit to proceed pursuant to chapter 704; or

(C) Acquitted due to a physical or mental disease, disorder, or defect pursuant to chapter 704.

"Sex offender" means:

(1) A person who is or has been convicted at any time, whether before or after May 9, 2005, of a "sexual offense"; or

(2) A person who is or has been charged at any time, whether before or after May 9, 2005, with a "sexual offense" and is or has been found unfit to proceed and is or has been released into the community or who is acquitted due to a physical or mental disease, disorder, or defect pursuant to chapter 704 and is released into the community.

"Sexual offense" means an offense that is:

(1) Set forth in section 707-730(1), 707-731(1), 707-732(1), 707-733(1)(a), (b), or (d), 707-733.6, 707-741, 711-1109.8, 712-1200.5(4), 712-1202(1), or 712-1203(1), but excludes conduct that is criminal pursuant to section 707-730(1)(b), 707-732(1)(b), or 707-741, if the perpetrator is under the age of eighteen, and also excludes conduct that is criminal pursuant to section 707-733(1)(b) or (d) if the perpetrator is under the age of twenty-five at the time of the offense;

(2) An act defined in section 707-720 if the charging document for the offense for which there has been a conviction alleged intent to subject the victim to a sexual offense;

(3) An act that consists of:

(A) Criminal sexual conduct toward a minor, including but not limited to an offense set forth in section 707-759;

(B) Solicitation of a minor who is less than fourteen years old to engage in sexual conduct;

(C) Use of a minor in a sexual performance;

(D) Production, distribution, or possession of child pornography chargeable as a felony under section 707-750, 707-751, or 707-752;

(E) Electronic enticement of a child chargeable under section 707-756 or 707-757 if the offense was committed with the intent to promote or facilitate the commission of another covered offense as defined in this section; or

(F) Commercial sexual exploitation of a minor in violation of section 712-1209.1;

(4) A violation of privacy under section 711-1110.9;

(5) An act that consists of use of a computer in the commission of a separate crime under section 708-893, wherein the separate crime is a covered offense, as defined in this section;

(6) An act, as described in chapter 705, that is an attempt, criminal solicitation, or criminal conspiracy to commit one of the offenses designated in paragraphs (1) through (5);

(7) A criminal offense that is comparable to or that exceeds a sexual offense as defined in paragraphs (1) through (6); or

(8) Any federal, military, out-of-state, tribal, or foreign conviction for any offense that under the laws of this State would be a sexual offense as defined in paragraphs (1) through (7).

"Temporary residence" means a building, permanent structure or unit therein, watercraft, emergency shelter, or transitional housing facility where the covered offender resides, but does not intend to reside for more than one hundred eighty days.

"Tribal conviction" means a conviction by a tribal court of an Indian tribe recognized by the government of the United States. [L 1997, c 316, pt of §2; am L 1998, c 194, §1; am L 2003, c 62, §3; am L 2004, c 59, §1; am L 2005, c 45, §3; am L 2006, c 60, §5 and c 106, §1; am L 2008, c 80, §4; am L 2009, c 11, §10; am L 2011, c 125, §1; am L 2013, c 64, §§3, 4 and c 247, §5; am L 2021, c 68, §14; am L 2022, c 278, §29 ; am L 2025, c 149, §2]
Haw. Rev. Stat. § 803-47.8 — HI Code / Division 5 / Title 38 / Chapter 803 / Section 803-47.8
Delay of notification.
Status: in_force

(a) A governmental entity may as part of a request for a court order include a provision that notification be delayed for a period not exceeding ninety days if the court determines that notification of the existence of the court order may have an adverse result.

(b) An adverse result for the purpose of subsection (a) of this section is:

(1) Endangering the life or physical safety of an individual;

(2) Flight from prosecution;

(3) Destruction of or tampering with evidence;

(4) Intimidation of a potential witness; or

(5) Otherwise seriously jeopardizing an investigation or unduly delaying a trial.

(c) Extensions of delays in notification may be granted up to ninety days per application to a court. Each application for an extension must comply with subsection (e) of this section.

(d) Upon expiration of the period of delay of notification, the governmental entity shall serve upon, or deliver by registered mail to, the customer or subscriber a copy of the process or request together with notice that:

(1) States with reasonable specificity the nature of the law enforcement inquiry; and

(2) Informs the customer or subscriber:

(A) Information maintained for the customer or subscriber by the service provider or request was supplied to or requested by that governmental authority and the date on which the supplying or request took place;

(B) Notification of the customer or subscriber was delayed;

(C) The governmental entity or court that made the certification or determination upon which the delay was made; and

(D) The provision of this part that allowed the delay.

(e) A governmental entity may apply to the designated judge or any other circuit judge or district court judge, if a circuit court judge has not yet been designated by the chief justice of the Hawaii supreme court, or is otherwise unavailable, for an order commanding a provider of an electronic communication service or remote computing service to whom a search warrant, or court order is directed, not to notify any other person of the existence of the search warrant, or court order for such period as the court deems appropriate not to exceed ninety days. The court shall enter the order if it determines that there is reason to believe that notification of the existence of the search warrant, or court order will result in:

(1) Endangering the life or physical safety of an individual;

(2) Flight from prosecution;

(3) Destruction of or tampering with evidence;

(4) Intimidation of potential witnesses; or

(5) Otherwise seriously jeopardizing an investigation or unduly delaying a trial. [L 1989, c 164, pt of §1; am L 2006, c 200, pt of §4]
Haw. Rev. Stat. § 802-12 — HI Code / Division 5 / Title 38 / Chapter 802 / Section 802-12
Organization of office; assistance.
Status: in_force

Subject to the approval of the defender council, the state public defender may employ assistant state public defenders and other employees, including investigators, as may be necessary to discharge the function of the office. Assistant state public defenders shall be qualified to practice before the supreme court of this State. Assistant state public defenders shall be appointed without regard to chapter 76 and shall serve at the pleasure of the state public defender. All other employees may be appointed in accordance with chapter 76. An assistant state public defender may be employed on a part-time basis, and when so employed, the assistant public defender may engage in the general practice of law, other than in the practice of criminal law.
Haw. Rev. Stat. § 806-28 — HI Code / Division 5 / Title 38 / Chapter 806 / Section 806-28
Characterization of the act.
Status: in_force

The indictment need not allege that the offense was committed or the act done "feloniously", "unlawfully", "wilfully", "knowingly", "maliciously", "with force and arms", or otherwise except where such characterization is used in the statutory definition of the offense. Where the characterization is so used the indictment may employ the words of the statute or other words substantially of the same import. In alleging the transaction the indictment may use the nounal, adjectival, verbal, or adverbial form of the statutory name of the offense.
Haw. Rev. Stat. § 844D-24 — HI Code / Division 5 / Title 38 / Chapter 844D / Section 844D-24
[ §844D-24] Sexual assault evidence; reporting.
Status: in_force

[ §844D-24] Sexual assault evidence; reporting. (a) By September 1, 2016, all law enforcement agencies and departments charged with the maintenance, storage, and preservation of sexual assault evidence collection kits shall conduct an inventory of all such kits being stored by the agency or department.

(b) By September 1, 2016, each law enforcement agency and department subject to subsection (a) shall compile, in writing, a report containing the number of untested sexual assault evidence collection kits in the possession of the agency or department and the date the sexual assault evidence collection kit was collected. The reports shall be transmitted to the department of the attorney general.

(c) By December 1, 2016, the department of the attorney general shall prepare and transmit a report to the president of the senate and the speaker of the house of representatives containing the number of untested sexual assault evidence collection kits currently being stored by each county, law enforcement agency, or department and the date each untested kit was originally collected. The department of the attorney general shall involve community stakeholders in drafting the report, including representatives from each county. The report shall also provide the following information:

(1) An explanation of the processes that were used in the past to decide which sexual assault evidence collection kits were and were not tested;

(2) Progress made to reduce the number of untested sexual assault evidence collection kits to date;

(3) A plan and expected time frame for further reduction in the number of untested sexual assault evidence collection kits;

(4) A plan for determining priority of untested sexual assault evidence collection kits and new sexual assault evidence collection kits for testing;

(5) Processes that have been adopted or will be adopted to better track and inventory tested and untested sexual assault evidence collection kits, including their locations;

(6) Expected outcomes from testing untested sexual assault evidence collection kits and testing new sexual assault evidence collection kits;

(7) The criteria and process to determine which untested sexual assault evidence collection kits will be tested and the criteria and process for testing to be applied to all new sexual assault evidence collection kits;

(8) The sites and locations of the testing of the untested sexual assault evidence collection kits and testing of new sexual assault evidence collection kits;

(9) Victim notification, support services, and other resources that may become necessary in connection with testing untested sexual assault evidence collection kits and new sexual assault evidence collection kits;

(10) The expected cost of all projected plans and processes not yet in place for testing untested sexual assault evidence collection kits and new sexual assault evidence collection kits;

(11) An assessment of potential funding sources, including federal grants for which applications have been, will be, or may be submitted; and

(12) Potential areas for further legislative action or policy changes.

(d) Beginning July 1, 2017, all law enforcement agencies and departments shall submit new sexual assault evidence collection kits for testing in accordance with the criteria and policies established and reported by the department of the attorney general pursuant to subsection (c).

(e) By July 1, 2018, all law enforcement agencies and departments shall complete the testing of all untested sexual assault evidence collection kits in accordance with criteria and policies established and reported by the department of the attorney general pursuant to subsection (c).

(f) As used in this section:

"Forensic medical examination" means an examination provided to the victim of a suspected sexually-oriented criminal offense by a health care provider for the purpose of gathering and preserving evidence of a suspected sexual assault.

"Sexual assault evidence collection kit" means a human biological specimen or specimens collected by a health care provider during a forensic medical examination from the victim of a suspected sexually-oriented criminal offense.

"Untested sexual assault evidence collection kit" means a sexual assault evidence collection kit that has not been submitted to a qualified laboratory for either a serology or DNA test. [L 2016, c 207, §1]
Haw. Rev. Stat. § 844D-40 — HI Code / Division 5 / Title 38 / Chapter 844D / Section 844D-40
Collection of specimens from persons required to register under chapter 846E who have not yet provided samples.
Status: in_force

(a) Any person who is required to register under chapter 846E who has not provided the specimens, samples, or print impressions described in this chapter for any reason, including the release of the person prior to the enactment of the state DNA database and data bank identification program, an oversight or error, or because of the transfer of the person from another state, the person shall give specimens, samples, or print impressions as described in this chapter for inclusion in the state DNA database and data bank identification program.

(b) At the time the person registers or updates the person's registration, the person shall receive an appointment designating a time and place for the collection of the specimens, samples, or print impressions described in this chapter, if the person has not already complied with this chapter.

(c) As specified in the appointment, the person shall report to a correctional facility in the county where the person resides or is temporarily located, to have specimens, samples, or print impressions collected pursuant to this chapter or other facility approved by the department for this collection. The specimens, samples, or print impressions shall be collected in accordance with this chapter.

(d) If, prior to the time of the required registration update, a person is notified by the department, a probation or parole officer, other law enforcement officer, or officer of the court that the person is subject to this chapter, then the person shall at a correctional facility or other facility approved by the department for this collection, provide the specimens, samples, or print impressions required by this chapter within ten calendar days of the notification. [L 2005, c 112, pt of §1]
Haw. Rev. Stat. § 846-15 — HI Code / Division 5 / Title 38 / Chapter 846 / Section 846-15
Rules and regulations.
Status: in_force

The attorney general shall adopt rules and regulations, as may be necessary, which will insure compliance with the provisions of this chapter by the most efficient and effective means possible.
Haw. Rev. Stat. § 846D-5 — HI Code / Division 5 / Title 38 / Chapter 846D / Section 846D-5
Responsibility of agencies.
Status: in_force

Any agency that has access to information available through the juvenile justice information system shall:

(1) Select and supervise all persons authorized to have direct access to the information or any terminals or stations by which the information is transmitted;

(2) Place responsibility on the persons permitted direct access for the physical security of juvenile justice data which the agency has received or can receive to protect against unauthorized access, disclosure, or dissemination;

(3) Provide security training for all persons given direct access to information in the juvenile justice information system which shall include the substance and intent of this chapter and of rules adopted thereunder; and

(4) Maintain procedures to protect data terminals or stations from unauthorized access, theft, sabotage, fire, or other natural or human caused disasters. [L 1991, c 311, pt of §2]
Haw. Rev. Stat. § 806-84 — HI Code / Division 5 / Title 38 / Chapter 806 / Section 806-84
Exhibits.
Status: in_force

(a) When an offense is prosecuted by information, the legal prosecuting officer shall attach an exhibit demonstrating the existence of probable cause to believe that the offense charged in the information has been committed and that the defendant committed the offense.

(b) The exhibit shall include an affidavit or a declaration made under penalty of law. In addition, the exhibit may include, but is not limited to, documents, photographs, audio recordings, video recordings, other recordings, and other materials or copies thereof.

(c) The legal prosecuting officer shall include within the exhibit evidence that is clearly exculpatory, but no information shall be dismissed for failure to include such evidence if the court finds that the inclusion of the clearly exculpatory evidence would not have changed the finding of probable cause.

(d) Each signed statement of any person whose name appears as a witness in any affidavit or declaration that is part of the exhibit regarding the charged offense shall be made part of the filing if:

(1) It is in the possession of the legal prosecuting officer, the police, other county or state law enforcement agents; or

(2) It is in the possession of a federal law enforcement officer and:

(A) The legal prosecuting officer is aware of and able to timely obtain the statement; and

(B) The statement is one that the legal prosecuting officer would be required to produce in discovery.

(e) Statements made part of the filing pursuant to subsection (d) may be redacted to remove the social security number, address, or phone number of any person.

(f) An information shall not be dismissed for failure to attach or file any such statement described in subsection (d). Any such statement shall be promptly provided to the defendant, or filed with the court if the location of the defendant is unknown or the defendant is without counsel, upon discovery by the legal prosecuting officer.

(g) The information shall be filed in the circuit court, and may be filed under seal with leave of court on good cause shown. All exhibits in support of the information shall be filed under seal in the circuit court. [L 2004, c 62, pt of §1]
Haw. Rev. Stat. § 841-3 — HI Code / Division 5 / Title 38 / Chapter 841 / Section 841-3
Duties.
Status: in_force

[(a)] As soon as any coroner or deputy coroner has notice of the death of any person within the coroner's or deputy coroner's jurisdiction as the result of violence, or as the result of any accident, or by suicide, or suddenly when in apparent health, or when unattended by a physician, or in prison, or in a suspicious or unusual manner, or within twenty-four hours after admission to a hospital or institution, the coroner or deputy coroner shall forthwith inquire into and make a complete investigation of the cause of the death.

[(b)] Any person who becomes aware of the death of any person under any of the circumstances set forth above shall immediately notify the coroner or deputy coroner of the known facts concerning the time, place, manner, and circumstances of the death.

[(c)] Any person who fails to report the death of a person under circumstances covered herein shall be subject to a fine of not more than $100. [L 1935, c 90, §3; RL 1945, §10903; am L 1949, c 355, §1; RL 1955, §260-3; HRS §715-3; ren L 1972, c 9, pt of §1; am L 1977, c 153, §1; gen ch 1985]
Haw. Rev. Stat. § 846-4 — HI Code / Division 5 / Title 38 / Chapter 846 / Section 846-4
Query of data center.
Status: in_force

Criminal justice agencies shall query the data center to assure that the most up-to-date disposition data is being used. Such inquiries shall be made prior to any dissemination except in those cases where the agency determines that time is of the essence and the center is technically incapable of responding within the necessary time period, provided, however, that where local criminal justice agencies have entered into agreements for the sharing of a computerized criminal history record information system, the agency operating such system shall not be required to query the data center prior to disseminating information to the agencies which are party to the agreements.
Haw. Rev. Stat. § 806-61 — HI Code / Division 5 / Title 38 / Chapter 806 / Section 806-61
Waiver of jury.
Status: in_force

The defendant in any criminal case may, with the consent of the court, waive the right to a trial by jury either by written consent filed in court or by oral consent in open court entered on the minutes. Any case in which a trial by jury is waived may be tried by the court without a jury both as to the facts and the law, and when the trial has been had there shall be no further trial upon the facts, except upon the granting of a new trial according to law.
Haw. Rev. Stat. § 831-3 — HI Code / Division 5 / Title 38 / Chapter 831 / Section 831-3
Rights retained by convicted person.
Status: in_force

Except as otherwise provided by law, a person convicted of a crime does not suffer civil death or corruption of blood or sustain loss of civil rights or forfeiture of estate or property, but retains all of the person's rights, political, personal, civil, and otherwise, including the right to hold public office or employment, to vote, to hold, receive, and transfer property, to enter into contracts, to sue and be sued, and to hold offices of private trust in accordance with law.
Haw. Rev. Stat. § 832-24 — HI Code / Division 5 / Title 38 / Chapter 832 / Section 832-24
Immunity from service of process in certain civil actions.
Status: in_force

A person brought into this State by, or after waiver of, extradition based on a criminal charge shall not be subject to service of personal process in civil actions arising out of the same facts as the criminal proceeding to answer which the person is being or has been returned, until the person has been convicted in the criminal proceeding, or, if acquitted, until the person has had reasonable opportunity to return to the state from which the person was extradited.
Haw. Rev. Stat. § 836-4 — HI Code / Division 5 / Title 38 / Chapter 836 / Section 836-4
Exemption from arrest and service of process.
Status: in_force

If a person comes into this State in obedience to a summons directing the person to attend and testify in this State the person shall not while in this State pursuant to such summons be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before the person's entrance into this State under the summons.

If a person passes through this State while going to another state in obedience to a summons to attend and testify in that state or while returning therefrom, the person shall not while so passing through this State be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before the person's entrance into this State under the summons. [L 1971, c 116, §4; HRS §719-4; ren L 1972, c 9, pt of §1; gen ch 1985]
Haw. Rev. Stat. § 801D-6 — HI Code / Division 5 / Title 38 / Chapter 801D / Section 801D-6
Intergovernmental cooperation.
Status: in_force

The county prosecutor, the police, local social service agencies, the courts, and all other agencies involved in the criminal justice system shall all cooperate with each other to ensure that victims and witnesses of crime receive the rights and services to which they are entitled under this chapter.
Haw. Rev. Stat. § 852-2 — HI Code / Division 5 / Title 38 / Chapter 852 / Section 852-2
Penalty.
Status: in_force

Any person who refuses or wilfully fails to move as directed by such officer shall be fined not more than $200 or imprisoned not more than six months, or both. [L Sp 1949, c 9, §2; RL 1955, §297-2; HRS §754-2; ren L 1972, c 9, pt of §1]
Haw. Rev. Stat. § 846-9 — HI Code / Division 5 / Title 38 / Chapter 846 / Section 846-9
Limitations on dissemination.
Status: in_force

Dissemination of nonconviction data shall be limited, whether directly or through any intermediary, only to:

(1) Criminal justice agencies, for purposes of the administration of criminal justice and criminal justice agency employment;

(2) Individuals and agencies specified in section 846-10;

(3) Individuals and agencies pursuant to a specific agreement with a criminal justice agency to provide services required for the administration of criminal justice pursuant to that agreement; provided that such agreement shall specifically authorize access to data, limit the use of data to purposes for which given, and insure the security and confidentiality of the data consistent with the provisions of this chapter;

(4) Individuals and agencies for the express purpose of research, evaluative, or statistical activities pursuant to an agreement with a criminal justice agency; provided that such agreement shall specifically authorize access to data, limit the use of data to research, evaluative, or statistical purposes, and insure the confidentiality and security of the data consistent with the purposes of this chapter;

(5) Individuals and agencies for any purpose authorized by statute, ordinance, executive order, or court rule, decision, or order, as construed by appropriate state or local officials or agencies; and

(6) Agencies of state or federal government which are authorized by statute or executive order to conduct investigations determining employment suitability or eligibility for security clearances allowing access to classified information.

These dissemination limitations do not apply to conviction data. These dissemination limitations also do not apply to data relating to cases in which the defendant is acquitted or charges are dismissed by reason of physical or mental disease, disorder, or defect under chapter 704, or in which the defendant is involuntarily hospitalized under section 706‑607.

Criminal history record information disseminated to noncriminal justice agencies shall be used only for the purposes for which it was given.

No agency or individual shall confirm the existence or nonexistence of criminal history record information to any person or agency that would not be eligible to receive the information itself. [L 1979, c 129, pt of §2; am L 1996, c 116, §2; am L 2018, c 97, §3]
Haw. Rev. Stat. § 803-22 — HI Code / Division 5 / Title 38 / Chapter 803 / Section 803-22
Secreting prisoners on board; penalty.
Status: in_force

If the commanding officer of any vessel secretes, or allows to be secreted, on board the vessel, any prisoner amenable to, or convicted under the laws of the State, or conveys the prisoner out of the jurisdiction of the State, the commanding officer shall be fined not less than $50, nor more than $1,000; and the vessel in which the prisoner is conveyed is liable to a like fine, for the payment of which the vessel may be seized, condemned, and sold. [PC 1869, c 66, §11; RL 1925, §855; RL 1935, §1755; RL 1945, §10713; RL 1955, §255-13; HRS §708-22; ren L 1972, c 9, pt of §1; gen ch 1985]
Haw. Rev. Stat. § 842-9 — HI Code / Division 5 / Title 38 / Chapter 842 / Section 842-9
Evidence.
Status: in_force

In any proceeding ancillary to or in any civil action instituted by the State under this chapter the proceedings may be open or closed to the public at the discretion of the court after consideration of the rights of affected persons.
Haw. Rev. Stat. § 802-7 — HI Code / Division 5 / Title 38 / Chapter 802 / Section 802-7
Litigation expenses.
Status: in_force

The court may, upon a satisfactory showing that a criminal defendant is unable to pay for transcripts or witness fees and transportation, or for investigatory, expert or other services, and upon a finding that the same are necessary for an adequate defense, direct that such expenses be paid from available court funds or waived, as the case may be; provided that where the defendant is represented by the state public defender or by other counsel appointed by the court except for such other counsel appointed by the court for reasons of conflict of interest on the part of the public defender, the public defender shall pay for or authorize payment for the same, if the public defender determines that the defendant is unable to pay for the same and that the same are necessary for an adequate defense, and if there is a dispute as to the financial ability of the defendant such dispute shall be resolved by the court. In cases where other counsel have been appointed by the court for reasons of conflict of interest, the court may, upon the requisite showing of inability to pay and a finding that such expenses are necessary for an adequate defense as set forth above, direct that such expenses be paid from available court funds or waived, as the case may be.
Haw. Rev. Stat. § 805-13 — HI Code / Division 5 / Title 38 / Chapter 805 / Section 805-13
Motor vehicle insurance violation.
Status: in_force

(a) In all cases of citation for alleged violations of chapter 431:10C or section 286-116, the court shall hear and dispose of such actions expeditiously. Such actions may be severed from any other proceedings to facilitate immediate disposition. Continuance of proceedings on motor vehicle insurance violations may be allowed in the discretion of the court, only after the court has received evidence that the required insurance on the motor vehicle involved was in fact in force on the date of the citation, or that the motor vehicle has been, or is ordered by the court to be, impounded.

(b) In all cases of citation for alleged violations of chapter 431:10C or section 286-116 the court shall require the appearance of the driver cited and the registered owner of the motor vehicle. If the registered owner is not the driver, the registered owner shall be cited by service of the citation on the driver who shall be deemed to be the owner's agent for purposes of service and by naming the owner jointly with the driver in the citation. Where the registered owner is a corporation or association, an officer or designated agent thereof shall be required to appear. Where the registered owner is a partnership, a general partner thereof shall be required to appear.

(c) In the case of multiple violations the court shall, in addition to any other penalty, impose the following penalties:

(1) Imprisonment of not more than thirty days;

(2) Suspension or revocation of driver's license of the driver and of the registered owner;

(3) Suspension or revocation of the motor vehicle registration plates of the vehicle involved;

(4) Impoundment, or impoundment and sale, of the motor vehicle for the costs of storage and other charges incident to seizure of the vehicle; or any other cost involved pursuant to section 431:10C-117; or

(5) Any combination of such penalties.

The court shall impose any other sanction it finds necessary to remove the vehicle or driver involved from the highways, and to preclude the driver or registered owner from the continued operation of any uninsured motor vehicle.

(d) Upon subsequent hearing ordered by the court or upon the driver's or registered owner's motion, the court may, in its discretion, terminate any judgment previously entered under subsection (c) upon finding that the registered owner and the driver, as applicable, have complied with chapter 287 with respect to any prior accident as evidenced by a form properly validated by a police department and:

(1) Complied with all requirements under chapter 431:10C as evidenced by a motor vehicle insurance identification card and the insurance policy issued by a licensed insurer; or

(2) Complied with all requirements under chapter 431:10C as evidenced by a certificate of self-insurance issued by the insurance commissioner pursuant to section 431:10C-107(d).

(e) The court may, in its discretion, maintain continuing jurisdiction following any termination or judgment as provided in subsection (d), to assure the continued compliance of the registered owner or driver with chapter 286, 287, or 431:10C. [L 1978, c 91, §3; am L 1980, c 234, §4; am L 1997, c 251, §57; am L 2001, c 55, §30]
Haw. Rev. Stat. § 805-9 — HI Code / Division 5 / Title 38 / Chapter 805 / Section 805-9
Procedure against corporations; summons, issuance.
Status: in_force

Upon an information or presentment against a corporation, the district judge shall issue a summons signed by the district judge, with the district judge's name of office, requiring the corporation to appear before the district judge at a specified time and place, to answer the charge.
Haw. Rev. Stat. § 845-3 — HI Code / Division 5 / Title 38 / Chapter 845 / Section 845-3
Persons subject to career criminal prosecution efforts.
Status: in_force

(a) An individual shall be the subject of career criminal prosecution efforts if the individual falls into categories 1, 2, or 3 in subsection (b) and may be the subject of career criminal prosecution efforts if the individual falls into any other category of subsection (b).

(b) Subject to the restrictions in subsection (a), career criminal prosecution applies to an individual who:

(1) Has had two or more felony convictions within the last five years.

(2) Has had one or more felony and two or more misdemeanor convictions and/or arrests within the last three years. Misdemeanors will be limited to prostitution, theft II and place to keep firearm.

(3) Is convicted and/or arrested for the offense of "felon in possession of a firearm" within the last five years.

(4) Is on parole.

(5) Is on probation.

(6) Is on bond awaiting an appeal.

(7) Is on bond awaiting trial.

(8) Is known or suspected to be an associate of organized crime.

(9) Is known or suspected of recurring or ongoing criminal activity.

(10) Has no adult record but who has an extensive juvenile record.

(11) Is a juvenile with an extensive record who has been waived to the circuit court for trial. [L 1979, c 104, pt of §1; am L 1980, c 166, §1; gen ch 1985]
Haw. Rev. Stat. § 803-9 — HI Code / Division 5 / Title 38 / Chapter 803 / Section 803-9
Examination after arrest; rights of arrested person.
Status: in_force

It shall be unlawful in any case of arrest for examination:

(1) To deny to the person so arrested the right of seeing, at reasonable intervals and for a reasonable time at the place of the person's detention, counsel or a member of the arrested person's family;

(2) To unreasonably refuse or fail to make a reasonable effort, where the arrested person so requests and prepays the cost of the message, to send a telephone, cable, or wireless message through a police officer or another than the arrested person to the counsel or member of the arrested person's family;

(3) To deny to counsel, whether retained by the arrested person or a member of the arrested person's family, or to a member of the arrested person's family, the right to see or otherwise communicate with the arrested person for a reasonable period at the place of the arrested person's detention:

(A) At any time for a first communication after the arrest; and

(B) At reasonable intervals thereafter;

(4) In case the person arrested has requested that the person see an attorney or member of the person's family, to examine the person before the person has had a fair opportunity to see and consult with the attorney or member of the person's family;

(5) To fail, within forty-eight hours of the arrest of a person on suspicion of having committed a crime, either to release or to charge the arrested person with a crime and take the arrested person before a qualified magistrate for examination. [PC 1869, c 49, §9; am L 1915, c 25, §1; RL 1925, §3975; am L 1927, c 261, §1; RL 1935, §5408; am L 1941, c 168, §1; RL 1945, §10709; am L 1953, c 185, §1; RL 1955, §255-9; HRS §708-9; ren L 1972, c 9, pt of §1; gen ch 1985; am L 2015, c 35, §31]
Haw. Rev. Stat. § 806-29 — HI Code / Division 5 / Title 38 / Chapter 806 / Section 806-29
Exceptions need not be negatived.
Status: in_force

No indictment for any offense created or defined by statute shall be deemed objectionable for the reason that it fails to negative any exception, excuse, or proviso contained in the statute creating or defining the offense. The fact that the charge is made shall be considered as an allegation that no legal excuse for the doing of the act existed in a particular case.
Haw. Rev. Stat. § 834-2 — HI Code / Division 5 / Title 38 / Chapter 834 / Section 834-2
Definition.
Status: in_force

The phrase "appropriate court" as used in the Agreement on Detainers shall, with reference to the courts of this State, mean the supreme court and the circuit courts.
Haw. Rev. Stat. § 836-5 — HI Code / Division 5 / Title 38 / Chapter 836 / Section 836-5
Uniformity of interpretation.
Status: in_force

This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of the states which enact it.
Haw. Rev. Stat. § 844D-54 — HI Code / Division 5 / Title 38 / Chapter 844D / Section 844D-54
Laboratories contributing DNA profiles to be accredited.
Status: in_force

All laboratories contributing DNA profiles for inclusion in the state DNA data bank and database shall be accredited by the American Society of Crime Laboratory Directors/Laboratory Accreditation Board or any certifying body approved by the Director of the FBI. Additionally, each laboratory shall submit to the department for review the annual report required by the American Society of Crime Laboratory Directors/Laboratory Accreditation Board or any certifying body approved by the Director of the FBI that documents the laboratory's adherence to American Society of Crime Laboratory Directors/Laboratory Accreditation Board standards or the standards of any certifying body approved by the Director of the FBI. The requirements of this section do not preclude DNA profiles developed in Hawaii from being searched in a national DNA database or data bank such as the FBI's Combined DNA Index System.
Haw. Rev. Stat. § 803-39 — HI Code / Division 5 / Title 38 / Chapter 803 / Section 803-39
[ §803-39] Notice of warrantless search.
Status: in_force

[ §803-39] Notice of warrantless search. Upon completion of any warrantless search of a house, store, or other building, the officer shall post notice of the search that shall include the report number, date, time, reason for entering, and office contact number for at least one of the officers involved in the search. Any entrances used by an officer shall be secured upon completion of a warrantless search.
Haw. Rev. Stat. § 804-40 — HI Code / Division 5 / Title 38 / Chapter 804 / Section 804-40
Suit on bond.
Status: in_force

If the condition of any bond given under this part is forfeited, it shall be put in suit by the public prosecutor, who shall specify in the public prosecutor's petition in the action the offense which has caused the breach of the condition of the bond. [PC 1869, c 47, §9; RL 1925, §4005; RL 1935, §5459; RL 1945, §10759; RL 1955, §256-39; HRS §709-40; ren L 1972, c 9, pt of §1; gen ch 1985]
Haw. Rev. Stat. § 844D-113 — HI Code / Division 5 / Title 38 / Chapter 844D / Section 844D-113
Unauthorized disclosure of DNA sample or profile.
Status: in_force

(a) A person commits the offense of unauthorized disclosure of DNA sample or profile if the person intentionally or knowingly, in violation of this chapter:

(1) Uses an offender sample or DNA profile for other than criminal identification or exclusion purposes; or

(2) Discloses DNA or other forensic identification information developed pursuant to this section to an unauthorized individual or agency, for other than criminal identification or exclusion.

(b) Unauthorized disclosure of DNA sample or profile purposes is a misdemeanor. [L 2005, c 112, pt of §1]
Haw. Rev. Stat. § 806-32 — HI Code / Division 5 / Title 38 / Chapter 806 / Section 806-32
Repugnancy.
Status: in_force

No indictment is invalid by reason of any repugnant allegation contained therein, provided that an offense is indicated under section 806-34.
Haw. Rev. Stat. § 806-18 — HI Code / Division 5 / Title 38 / Chapter 806 / Section 806-18
Change of venue.
Status: in_force

It shall be lawful for any court of record or judge thereof, at any state of any criminal proceedings depending therein, whether the venue be by law local or not, to order that the venue be changed, and to direct that the trial be had in Honolulu or in some particular judicial circuit, in such cases and for such reasons as the justice of the case may require, and subject to such conditions as the court or judge may, in its or the judge's discretion, impose.
Haw. Rev. Stat. § 842-8 — HI Code / Division 5 / Title 38 / Chapter 842 / Section 842-8
Civil remedies.
Status: in_force

(a) The circuit courts of the State shall have jurisdiction to prevent and restrain violations of this chapter by issuing appropriate orders, including, but not limited to: ordering any person to divest oneself of any interest, direct or indirect, in any enterprise; imposing reasonable restrictions on the future activities or investments of any person, including, but not limited to, prohibiting any person from engaging in the same type of endeavor as the enterprise engaged in, or ordering dissolution or reorganization of any enterprise, making due provision for the rights of innocent persons.

(b) The attorney general may institute proceedings under this section. In any action brought by the State under this section, the court shall proceed as soon as practicable to the hearing and determination thereof. Pending final determination thereof, the court may at any time enter such restraining orders or prohibitions, or take such other actions, including the acceptance of satisfactory performance bonds, as it shall deem proper.

(c) Any person injured in the person's business or property by reason of a violation of this chapter may sue therefor in any appropriate court and shall recover the damages the person sustains and the cost of the suit, including a reasonable attorney's fee.

(d) A final judgment or decree rendered in favor of the State in any criminal proceeding brought by the State under this chapter shall estop the defendant from denying the essential allegations of the criminal offense in any subsequent civil proceeding brought by the State. [L 1972, c 71, pt of §2; gen ch 1985]
Haw. Rev. Stat. § 831-7 — HI Code / Division 5 / Title 38 / Chapter 831 / Section 831-7
Short title.
Status: in_force

This chapter may be cited as the Uniform Act on Status of Convicted Persons.
Haw. Rev. Stat. § 846-18 — HI Code / Division 5 / Title 38 / Chapter 846 / Section 846-18
[ §846-18] Statistical crime reporting responsibility of county chiefs of police and state and county agencies.
Status: in_force

[ §846-18] Statistical crime reporting responsibility of county chiefs of police and state and county agencies. The chiefs of police of the counties and state and county agencies having the power of arrest shall provide to the attorney general crime incident reports and any other information regarding crimes committed within their respective jurisdictions as necessary for the attorney general to operate a statewide crime reporting program and to cooperate with the Federal Bureau of Investigation's uniform crime reporting program. The reports and information shall be submitted to the attorney general in the manner, form, and time schedule as the attorney general may prescribe.

The attorney general may audit the reporting entities to determine the accuracy of the reports and other information required by this section. [L 2016, c 155, §2]
Haw. Rev. Stat. § 844D-72 — HI Code / Division 5 / Title 38 / Chapter 844D / Section 844D-72
Destruction of samples and expungement of searchable DNA database profile.
Status: in_force

(a) Except as provided below, the department shall destroy the sample and expunge the searchable DNA database profile pertaining to the person who has no present or past qualifying offense of record upon receipt of a court order that verifies the applicant has made the necessary showing at a noticed hearing, and that includes all of the following:

(1) The written request for expungement pursuant to section 844D‑71;

(2) A certified copy of the court order reversing and dismissing the conviction or case, or a letter from the prosecuting attorney certifying that the underlying conviction has been reversed and the case dismissed;

(3) A finding that written notice has been provided to the prosecuting attorney and the department of the request for expungement; and

(4) A court order verifying that no retrial or appeal of the case is pending, that it has been at least one hundred eighty days since the defendant or minor has notified the prosecuting attorney and the department of the expungement request, and that the court has not received an objection from the department or the prosecuting attorney.

(b) Upon receipt of the order of the court pursuant to subsection (a), the department shall destroy any specimen or sample collected from the person and any searchable DNA database profile pertaining to the person, unless the department determines that the person is subject to the provisions of this chapter because of a past qualifying offense of record or is, or has otherwise become, obligated to submit a blood specimen or buccal swab as a result of a separate conviction, or finding of guilty or not guilty by reason of insanity for an offense described in section 844D‑31, or as a condition of a plea.

(c) The department is not required to destroy an autoradiograph or other item obtained from a blood specimen if evidence relating to another person subject to the provisions of this chapter would thereby be destroyed.

(d) Any identification, warrant, probable cause to arrest, or arrest based upon a data bank match shall not be invalidated due to a failure to expunge or a delay in expunging records.

(e) Notwithstanding any other provision of law, the designated entity is not required to expunge DNA profile or forensic identification information or destroy or return specimens, samples, or print impressions taken pursuant to this section based on a termination of a person's duty to register pursuant to chapter 846E. [L 2005, c 112, pt of §1]
Haw. Rev. Stat. § 801D-1 — HI Code / Division 5 / Title 38 / Chapter 801D / Section 801D-1
Legislative intent.
Status: in_force

In recognition of the civic and moral duty of victims and witnesses of crimes to cooperate fully and voluntarily with law enforcement and prosecutorial agencies, and in further recognition of the continuing importance of such citizen cooperation to state and local law enforcement efforts and the general effectiveness and well-being of the criminal justice system of this State, the legislature declares its intent, in this chapter, to ensure that all victims and witnesses of crimes are treated with dignity, respect, courtesy, and sensitivity and that the rights extended in this chapter to victims and witnesses of crime are honored and protected by law enforcement agencies, prosecutors, and judges in a manner no less vigorous than the protections afforded criminal defendants.
Haw. Rev. Stat. § 803-47.9 — HI Code / Division 5 / Title 38 / Chapter 803 / Section 803-47.9
Cost reimbursement.
Status: in_force

(a) A government entity obtaining the contents of communications, records, or other information shall pay to the person or entity providing or assembling the information a fee for reimbursement or costs that are reasonably necessary and that have been directly incurred in searching for, assembling, reproducing, or otherwise providing the information. The reimbursable costs shall include any costs due to necessary disruption of normal operations of any electronic communication service or remote computing service that was occasioned by the governmental needs.

(b) The amount of the fee provided by subsection (a) shall be as mutually agreed by the governmental entity and the person or entity providing the information or, in the absence of agreement, shall be as determined by the designated court that issued the order for production of the information or the court before which a criminal prosecution relating to the information would be brought, if no court order was issued for production of the information.

(c) The requirement of subsection (a) does not apply with respect to records or other information maintained by a communication common carrier that relate to telephone toll records and telephone listings obtained under section 803‑47.6. However, the court may order a payment as described in subsection (a), if the court determines the information required is unusually voluminous in nature or otherwise caused an undue burden on the provider. [L 1989, c 164, pt of §1; am L 2006, c 200, pt of §4]
Haw. Rev. Stat. § 846-16 — HI Code / Division 5 / Title 38 / Chapter 846 / Section 846-16
Violations.
Status: in_force

Any person who knowingly permits unauthorized access to criminal history record information, or who knowingly disseminates criminal history record information in violation of the provisions of this chapter, or any person violating any agreement authorized by paragraphs (3) and (4) of section 846-9, or any person who gains unauthorized access to criminal history record information shall be guilty of a misdemeanor.
Haw. Rev. Stat. § 804-33 — HI Code / Division 5 / Title 38 / Chapter 804 / Section 804-33
Trial; bond protecting complainant.
Status: in_force

(a) The judge before whom any person is brought under section 804-31 shall examine the complainant and witnesses in support of the complainant, under oath or affirmation, in the presence of the person complained of, in relation to any matters connected with the complaint which are deemed pertinent, after which witnesses in support of the person complained of shall be examined under oath or affirmation. The person complained of may cross-examine the complainant and witnesses in support of the complainant and may be assisted by counsel at the examination proceedings.

(b) If upon examination it appears that there is just cause to fear the commission of the offense by the person complained of, the person may be ordered not to commit the offense or may be required to give bond in a sum proportioned to the nature of the offense, with sufficient surety that the person will commit no offense against the person or property of the complainant. If it appears that there is no just cause to fear the commission of the offense, then the person complained of shall be discharged and any record of the person's arrest shall be expunged. [PC 1869, c 47, §2; RL 1925, §3998; RL 1935, §5452; RL 1945, §10752; RL 1955, §256-32; HRS §709-33; am L 1970, c 188, §39; am L 1971, c 73, §3; ren L 1972, c 9, pt of §1; gen ch 1985]
Haw. Rev. Stat. § 846E-4 — HI Code / Division 5 / Title 38 / Chapter 846E / Section 846E-4
Duties upon discharge, parole, or release of covered offender.
Status: in_force

(a) Each person, or that person's designee, in charge of a jail, prison, hospital, school, or other institution to which a covered offender has been committed pursuant to a conviction, or an acquittal or finding of unfitness to proceed pursuant to chapter 704, for a covered offense, and each judge, or that judge's designee, who continues bail for or releases a covered offender following sentencing and the entry of a judgment of conviction, who releases a covered offender on probation or who discharges a covered offender upon payment of a fine, and each agency having jurisdiction, shall, prior to the discharge, parole, or release of the covered offender:

(1) Explain to the covered offender the duty to register and the consequences of failing to register under this chapter;

(2) Obtain from the covered offender all of the registration information required by this chapter;

(3) Inform the covered offender that if at any time the covered offender changes any of the covered offender's registration information, the covered offender shall notify the attorney general of the new registration information in writing within three working days;

(4) Inform the covered offender that, if at any time the covered offender changes residence to another state, the covered offender shall register the new address with the attorney general and also with a designated law enforcement agency in the new state, if the new state has a registration requirement, within the period of time mandated by the new state's sex offender registration laws;

(5) Obtain and verify fingerprints and a photograph of the covered offender, if these have not already been obtained or verified in connection with the offense that triggers the registration;

(6) Require the covered offender to sign a statement indicating that the duty to register has been explained to the covered offender; and

(7) Give one copy of the signed statement and one copy of the registration information to the covered offender.

(b) No covered offender required to register under this chapter shall be discharged, released from any confinement, or placed on parole or probation unless the requirements of subsection (a) have been satisfied and all registration information required under section 846E-2 has been obtained.

(c) Notwithstanding any law to the contrary, a copy of the signed statement and one copy of the registration information shall be transmitted to the attorney general within three working days.

(d) Following receipt of the information from the agency having jurisdiction over the covered offender, the attorney general immediately shall enter the information into a statewide record system, unless the information has been previously entered into a statewide record system, and notify the county police department or appropriate law enforcement agency having jurisdiction where the covered offender expects to reside. The attorney general immediately shall transmit the conviction data and verified fingerprints to the Federal Bureau of Investigation, unless the items have been previously transmitted to the Federal Bureau of Investigation.

(e) The chief of police shall transmit any covered offender registration information required by this chapter to the attorney general, by entering the information into a statewide record system, if the information has not previously been entered into the system, and also shall provide the attorney general with a photograph and fingerprints of the covered offender, taken at the time the covered offender registers with the chief of police. The covered offender shall report in person every five years until June 30, 2009, and beginning on July 1, 2009, every year, within the thirty-day period following the offender's date of birth, to the chief of police where the covered offender's residence is located, or to such other department or agency that may be designated by the attorney general in rules adopted pursuant to chapter 91 for purposes of the administration of this subsection, and shall review the existing information in the registry that is within the offender's knowledge, correct any information that has changed or is inaccurate, provide any new information that may be required, and allow the police and such other department or agency designated by the attorney general to take a current photograph of the offender. [L 1997, c 316, pt of §2; am L 1998, c 194, §§4 to 6; am L 2003, c 62, §§6, 7; am L 2005, c 45, §6; am L 2008, c 80, §7; am L 2013, c 64, §6]
Haw. Rev. Stat. § 846E-2 — HI Code / Division 5 / Title 38 / Chapter 846E / Section 846E-2
Registration requirements.
Status: in_force

(a) A covered offender shall register with the attorney general and comply with the provisions of this chapter for life or for a shorter period of time as provided in this chapter. Registration under this subsection is required whenever the covered offender, whether or not a resident of this State, remains in this State for more than ten days or for an aggregate period exceeding thirty days in one calendar year. A covered offender shall be eligible to petition the court in a civil proceeding for an order that the covered offender's registration requirements under this chapter be terminated, as provided in section 846E-10.

(b) A person who establishes or maintains a residence in this State or who remains in this State for more than ten days or for an aggregate period exceeding thirty days in one calendar year, and who has not been designated as a covered offender by a court of this State but who has been designated as a covered offender, sex offender, offender against minors, repeat covered offender, sexually violent predator, or any other sexual offender designation in another state or jurisdiction and was, as a result of the designation, subjected to registration or community or public notification, or both, or would be if the person was a resident of that state or jurisdiction, without regard to whether the person otherwise meets the criteria for registration as a covered offender, shall register in the manner provided in this section. A person who meets the criteria of this subsection is subject to the requirements of this chapter for covered offenders and penalty provisions of section 846E-9 until the person successfully petitions:

(1) The attorney general for termination of registration requirements by providing an order issued by the court that designated the person as a covered offender, sex offender, offender against minors, repeat covered offender, sexually violent predator, or any other sexual offender designation in the state or jurisdiction in which the order was issued, which states that the designation has been removed or demonstrates to the attorney general that the designation, if not imposed by a court, has been removed by operation of law or court order in the state or jurisdiction in which the designation was made, and the person does not meet the criteria for registration as a covered offender under the laws of this State; provided that if the person is not satisfied with the decision of the attorney general on the request for termination of registration requirements, the person may appeal the decision pursuant to chapter 91; or

(2) The court for termination of registration requirements pursuant to section 846E-10.

(c) Each provision of this chapter applicable to sex offenders shall also be applicable to offenders against minors, unless offenders against minors are specifically excluded. Whenever a covered offender's public information is made publicly accessible, separate registries shall be maintained for:

(1) Sex offenders; and

(2) Offenders against minors.

(d) Registration information for each covered offender shall include a signed statement by the covered offender containing:

(1) The name, all prior names, nicknames and pseudonyms, and all aliases used by the covered offender or under which the covered offender has been known and other identifying information, including date of birth and any alias date of birth, social security number and any alias social security number, sex, race, height, weight, and hair and eye color;

(2) The actual address and telephone number of the covered offender's permanent residence or the address of the covered offender's current temporary residence, or if an address is not available, a description of the place or area in which the covered offender resides for at least thirty nonconsecutive days within a sixty-day period, and for each address or place where the covered offender resides, how long the covered offender has resided there;

(3) The actual address or description of the place or area, the actual length of time of the stay, and telephone number where the covered offender is staying for a period of more than ten days, if other than the stated residence;

(4) If known, the future address and telephone number of the place where the covered offender is planning to reside, if other than the stated residence;

(5) Any electronic mail address, any instant message name, any internet designation or moniker, and any internet address used for routing or self-identification;

(6) Any cell phone number and other designations used for routing or self-identification in telephonic communications;

(7) Names and, if known, actual business addresses of current and known future employers, including information for any place where the covered offender works as a volunteer or otherwise works without remuneration, and the starting and ending dates of any such employment;

(8) For covered offenders who may not have a fixed place of employment, a description of the places where such a covered offender works, such as information about normal travel routes or the general area or areas in which the covered offender works;

(9) Professional licenses held by the covered offender;

(10) Names and actual addresses of current and known future educational institutions with which the covered offender is affiliated in any way, whether or not compensated, including but not limited to affiliation as a faculty member, an employee, or a student, and the starting and ending dates of any such affiliation;

(11) The year, make, model, color, and license or registration or other identifying number of all vehicles, including automobiles, watercrafts, and aircrafts, currently owned or operated by the covered offender and the address or description of the place or places where the covered offender's vehicle or vehicles are habitually parked, docked, or otherwise kept;

(12) Passports and information about the passports, if the covered offender has passports, and documents establishing immigration status and information about these documents, if the covered offender is an alien;

(13) A statement listing all covered offenses for which the covered offender has been convicted or found unfit to proceed or acquitted pursuant to chapter 704;

(14) A statement indicating whether the covered offender has received or is currently receiving treatment ordered by a court of competent jurisdiction or by the Hawaii paroling authority;

(15) A statement indicating whether the covered offender is a United States citizen; and

(16) Any additional identifying information about the covered offender.

(e) The following information shall also be included in the registry for each covered offender:

(1) A current photograph of the covered offender;

(2) A physical description of the covered offender, including a description of particular identifying characteristics such as scars or tattoos;

(3) Confirmation that the covered offender has provided digitized fingerprints and palm prints of the covered offender;

(4) Judgment of conviction, judgment of acquittal, or judicial determination of unfitness to proceed documenting the criminal offense or offenses for which the covered offender is registered;

(5) The text, or an electronic link to the text, of the provision of law defining the criminal offense or offenses for which the covered offender is registered;

(6) The criminal history of the covered offender, or an electronic link to the criminal history, including the date of all arrests and convictions, the status of parole, probation, or supervised release, registration status, and the existence of any outstanding arrest warrants for the covered offender;

(7) Confirmation that the covered offender has provided a DNA buccal swab sample as required by chapter 844D;

(8) Digitized copies of a valid driver's license or identification card issued to the covered offender, or an electronic link to such records; and

(9) Digitized copies of passports and documents establishing immigration status, or an electronic link to such records.

(f) Whenever a covered offender provides registration information, during initial registration as a covered offender or when providing notice of a change in registration information, the covered offender also shall sign a statement verifying that all of the registration information is accurate and current.

(g) In addition to the requirement under subsection (a) to register with the attorney general and comply with the provisions of this chapter until a court relieves the covered offender of the registration requirements of this chapter, each covered offender shall also register in person with the chief of police where the covered offender resides or is present. Registration under this subsection is for the purpose of providing the covered offender's photograph, fingerprints, and registration information. Registration under this subsection is required whenever the covered offender, whether or not a resident of this State, remains in this State for more than ten days or for an aggregate period exceeding thirty days in one calendar year. Covered offenders required to register in person with the chief of police under this subsection shall register no later than three working days after the earliest of:

(1) Arrival in this State;

(2) Release from incarceration;

(3) Release from commitment;

(4) Release on furlough;

(5) Conviction for a covered offense, unless incarcerated;

(6) Release on probation;

(7) Placement on parole; or

(8) Arrival in a county in which the covered offender resides or expects to be present for a period exceeding ten days.

In addition to any other requirement to register under this subsection or subsection (a), each covered offender shall report in person every five years until June 30, 2009, and beginning on July 1, 2009, every year, within the thirty-day period following the offender's date of birth, to the chief of police where the covered offender resides, or to such other department or agency that may be designated by the attorney general in rules adopted pursuant to chapter 91 for purposes of the administration of this subsection, and shall review the existing information in the registry that is within the offender's knowledge, correct any information that has changed or is inaccurate, provide any new information that may be required, and allow the police and such other department or agency designated by the attorney general to take a current photograph of the offender.

(h) The registration provisions of this section shall apply to all covered offenders without regard to:

(1) The date of the covered offender's conviction;

(2) The date of finding, pursuant to chapter 704, of the covered offender's unfitness to proceed; or

(3) The date of the covered offender's acquittal due to mental disease, disorder, or defect, pursuant to chapter 704. [L 1997, c 316, pt of §2; am L 1998, c 194, §2; am L 2002, c 234, §1; am L 2003, c 62, §4; am L 2004, c 59, §2; am L 2005, c 45, §4; am L 2006, c 106, §2; am L 2008, c 80, §5; am L 2013, c 64, §5; am L 2021, c 40, §2]
Haw. Rev. Stat. § 806-17 — HI Code / Division 5 / Title 38 / Chapter 806 / Section 806-17
Circuits constitute district for criminal trial by jury.
Status: in_force

The judicial circuits of the State established by section 603-1 are deemed to be the "districts" referred to in Article I, section 14, of the Constitution of the State with respect to the right to a trial by jury in criminal prosecutions, until such time as the legislature of the State shall otherwise provide.
Haw. Rev. Stat. § 846-13 — HI Code / Division 5 / Title 38 / Chapter 846 / Section 846-13
Annual audits.
Status: in_force

The attorney general shall conduct annual audits of a representative sample of criminal justice agencies which may be chosen on a random basis, to verify the accuracy and completeness of criminal history record information maintained by such agencies, and to determine adherence with this chapter and regulations promulgated thereunder. Criminal justice agencies shall retain appropriate records to facilitate the annual audits. Audit of the data center shall be performed by another state agency.
Haw. Rev. Stat. § 832-16 — HI Code / Division 5 / Title 38 / Chapter 832 / Section 832-16
Bail; in what cases; conditions of bond.
Status: in_force

Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, a judge in this State may admit the person arrested to bail by bond, with sufficient sureties, and in such sum as the judge deems proper, conditioned for the person's appearance before the judge at a time specified in the bond, and for the person's surrender, to be arrested upon the warrant of the governor of this State.
Haw. Rev. Stat. § 803-4 — HI Code / Division 5 / Title 38 / Chapter 803 / Section 803-4
On suspicion.
Status: in_force

Whenever a crime is committed, and the offenders are unknown, and any person is found near the place where the crime was committed, either endeavoring to conceal oneself, or endeavoring to escape, or under such other circumstances as to justify a reasonable suspicion of the person being the offender, the person may be arrested without warrant. [PC 1869, c 49, §4; RL 1925, §3970; RL 1935, §5403; RL 1945, §10704; RL 1955, §255-4; HRS §708-4; ren L 1972, c 9, pt of §1; gen ch 1985]
Haw. Rev. Stat. § 804-7.2 — HI Code / Division 5 / Title 38 / Chapter 804 / Section 804-7.2
Violations of conditions of release on bail, recognizance, or supervised release.
Status: in_force

(a) Upon verified application by the prosecuting attorney alleging that a defendant has intentionally violated the conditions of release on bail, recognizance, or supervised release, the judicial officer named in section 804-5 shall issue a warrant directing the defendant be arrested and taken forthwith before the court of record for hearing.

(b) Upon verified application by a pretrial officer of the intake service center that a defendant has intentionally violated the conditions of release on bail, recognizance, or supervised release, the court may issue an order pertaining to bail to secure the defendant's appearance before the court or a warrant directing that the defendant be arrested and taken forthwith before the court of record for hearing.

(c) A law enforcement officer having reasonable grounds to believe that a released felony defendant has violated the conditions of release on bail, recognizance, or supervised release, may, where it would be impracticable to secure a warrant, arrest the defendant and take the defendant forthwith before the court of record. [L 1978, c 217, pt of §1; am L 1987, c 139, §2; am L 2016, c 231, §63]
Haw. Rev. Stat. § 806-73 — HI Code / Division 5 / Title 38 / Chapter 806 / Section 806-73
Duties and powers of probation officers; adult probation records.
Status: in_force

(a) A probation officer shall investigate any case referred to the probation officer for investigation by the court in which the probation officer is serving and report thereon to the court. The probation officer shall instruct each defendant placed on probation under the probation officer's supervision of the terms and conditions of the defendant's probation. The probation officer shall keep informed concerning the conduct and condition of the defendant and report thereon to the court, and shall use all suitable methods to aid the defendant and bring about an improvement in the defendant's conduct and condition. The probation officer shall keep these records and perform other duties as the court may direct. No probation officer shall be subject to civil liability or criminal culpability for any disclosure or nondisclosure, under this section, if the probation officer acts in good faith and upon reasonable belief.

(b) All adult probation records shall be confidential and shall not be deemed to be public records. As used in this section, the term "records" includes but is not limited to all records made by any adult probation officer in the course of performing the probation officer's official duties. The records, or the content of the records, shall be divulged only as follows:

(1) A copy of any adult probation case record or of a portion of it, or the case record itself, upon request, may be provided to:

(A) An adult probation officer, court officer, social worker of a Hawaii state adult probation unit, or a family court officer who is preparing a report for the courts; or

(B) A state or federal criminal justice agency, or state or federal court program that:

(i) Is providing supervision of a defendant or offender convicted and sentenced by the courts of Hawaii; or

(ii) Is responsible for the preparation of a report for a court;

(2) The residence address, work address, home telephone number, or work telephone number of a current or former defendant shall be provided only to:

(A) A law enforcement officer as defined in section 710-1000 to locate the probationer for the purpose of serving a summons or bench warrant in a civil, criminal, or deportation hearing, or for the purpose of a criminal investigation; or

(B) A collection agency or licensed attorney contracted by the judiciary to collect any delinquent court-ordered penalties, fines, restitution, sanctions, and court costs pursuant to section 601-17.5;

(3) A copy of a presentence report or investigative report shall be provided only to:

(A) The persons or entities named in section 706-604;

(B) The Hawaii paroling authority;

(C) Any psychiatrist, psychologist, or other treatment practitioner who is treating the defendant pursuant to a court order or parole order for that treatment;

(D) The intake service centers;

(E) In accordance with applicable law, persons or entities doing research; and

(F) Any Hawaii state adult probation officer or adult probation officer of another state or federal jurisdiction who:

(i) Is engaged in the supervision of a defendant or offender convicted and sentenced in the courts of Hawaii; or

(ii) Is engaged in the preparation of a report for a court regarding a defendant or offender convicted and sentenced in the courts of Hawaii;

(4) Access to adult probation records by a victim, as defined in section 706-646 to enforce an order filed pursuant to section 706-647, shall be limited to the:

(A) Name and contact information of the defendant's adult probation officer;

(B) Compliance record of the defendant with court-ordered payments;

(C) Amounts paid by the defendant;

(D) Dates of the payments made by the defendant;

(E) Payee of payments made by the defendant; and

(F) Remaining unpaid balance,

without the assessment of a filing fee or surcharge;

(5) Upon written request, the victim, or the parent or guardian of a minor victim or incapacitated victim, of a defendant who has been placed on probation for an offense under section 580-10(d)(1), 586-4(e), 586‑11(a), or 709-906 may be notified by the defendant's probation officer when the probation officer has any information relating to the safety and welfare of the victim;

(6) Notwithstanding paragraph (3) and upon notice to the defendant, records and information relating to the defendant's risk assessment and need for treatment services; information related to the defendant's past treatment and assessments, with the prior written consent of the defendant for information from a treatment service provider; provided that for any substance abuse records such release shall be subject to title 42 Code of Federal Regulations part 2, relating to the confidentiality of alcohol and drug abuse patient records; and information that has therapeutic or rehabilitative benefit, may be provided to:

(A) A case management, assessment, or treatment service provider assigned by adult probation to service the defendant; provided that such information shall be given only upon the acceptance or admittance of the defendant into a treatment program;

(B) Correctional case manager, correctional unit manager, and parole officers involved with the defendant's treatment or supervision; and

(C) In accordance with applicable law, persons or entities doing research;

(7) Probation drug test results may be released with prior written consent of a defendant to the defendant's treating physician when test results indicate substance use which may be compromising the defendant's medical care or treatment;

(8) Records obtained pursuant to section 704-404(9) may be made available as provided in that section;

(9) Any person, agency, or entity receiving records, or contents of records, pursuant to this subsection shall be subject to the same restrictions on disclosure of the records as Hawaii state adult probation offices; and

(10) Any person who uses the information covered by this subsection for purposes inconsistent with the intent of this subsection or outside of the scope of the person's official duties shall be fined no more than $500.

(c) Every probation officer, within the scope of the probation officer's duties, shall have the powers of a police officer. [L 1931, c 41, pt of §4; RL 1935, §5539; RL 1945, §10845; RL 1955, §258-55; HRS §711-79; ren L 1972, c 9, pt of §1; am L 1985, c 167, §1; gen ch 1985; am L 1989, c 262, §1; am L 1990, c 189, §5; am L 1993, c 20, §1; am L 1994, c 102, §1; am L 1995, c 224, §1; am L 2001, c 288, §1; am L 2006, c 36, §1; am L 2010, c 149, §1; am L 2011, c 119, §§2, 4; am L 2016, c 231, §64; am L 2017, c 77, §5]
Haw. Rev. Stat. § 844D-114 — HI Code / Division 5 / Title 38 / Chapter 844D / Section 844D-114
Use of DNA sample or profile for financial gain.
Status: in_force

(a) A person commits the offense of use of DNA sample or profile for financial gain if the person, for the purpose of financial gain, intentionally or knowingly, in violation of this chapter:

(1) Uses an offender sample or DNA profile for other than criminal identification or exclusion purposes; or

(2) Discloses DNA or other forensic identification information developed pursuant to this chapter to an unauthorized individual or entity, for other than criminal identification or exclusion purposes.

(b) Use of DNA sample or profile for financial gain is a misdemeanor for which, in addition to any other penalty provided by the penal code for a misdemeanor, a fine shall be imposed in an amount three times that of any financial gain received, or $10,000, whichever is greater. [L 2005, c 112, pt of §1]
Haw. Rev. Stat. § 805-6 — HI Code / Division 5 / Title 38 / Chapter 805 / Section 805-6
Arraignment.
Status: in_force

Upon arraignment, the written complaint upon which the warrant of arrest or summons has been issued shall be construed, except upon motion of the accused or prosecuting officer, to be the charge, and the reading thereof shall be deemed waived. Unless a demurrer, motions, or other pleadings are interposed, the accused may be required to plead the accused's innocence or guilt immediately, if the accused appears to understand the charge against the accused.