Haw. Rev. Stat. § 353C-5 — HI Code / Division 1 / Title 20 / Chapter 353C / Section 353C-5
Criminal history record checks.
Status: in_force

(a) The department shall develop standards to ensure the reputable and responsible characters of staff members, which shall include criminal history record checks.

(b) For purposes of this section:

"Prospective staff member" means any applicant for a job in the department that involves the exercise of police powers conferred by the director, including the power to arrest.

"Staff member" means any employee of the department who possesses police powers conferred by the director, including the power of arrest.

(c) The department shall obtain criminal history record information through the Hawaii criminal justice data center in accordance with section 846-2.7, on all staff members and prospective staff members of the department of law enforcement. Prospective staff members shall be fingerprinted and the criminal history record check shall be completed before beginning employment.

(d) The department may deny employment to a prospective staff member who was convicted of a crime other than a minor traffic violation involving a fine of $50 or less and if the department finds from the prospective staff member's criminal history record that the prospective staff member poses a risk to the health, safety, security, or well-being of inmates under supervision and confinement, other staff, or the public at large.

(e) Staff members shall not be subject to termination based on findings in their criminal records except for those whose conviction of a crime occurred after May 8, 1989, or under circumstances in which a staff member is a fugitive from justice. Staff members shall be subject to termination for crimes other than a minor traffic violation involving a fine of $50 or less, where because of the staff member's conviction record, the staff member poses a risk to the health, safety, security, or well-being of inmates under supervision and confinement, other staff, or the public at large. [L 1992, c 65, §1; am L 1997, c 6, §1; am L 2003, c 95, §11; am L 2022, c 278, §14]

Revision Note

In subsection (b), definitions rearranged pursuant to §23G-15.
Haw. Rev. Stat. § 349-3.2 — HI Code / Division 1 / Title 20 / Chapter 349 / Section 349-3.2
Alzheimer's disease and related dementia services coordinator.
Status: in_force

There is established within the executive office on aging an Alzheimer's disease and related dementia services coordinator to coordinate the provision of public and private Alzheimer's disease and related dementia services. The coordinator shall be appointed by the director.
Haw. Rev. Stat. § 356D-12.5 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-12.5
Development of property; partnership or development agreement.
Status: in_force

(a) Any housing project may be developed under sections 356D-11 and 356D-12 by the authority in partnership or under a development agreement with a private party; provided that a written partnership or development agreement is executed by the authority. At a minimum, the partnership or development agreement shall provide for:

(1) A determination by the authority that the partnership or development agreement is for a public purpose; and

(2) Final approval by the authority of the plans and specifications for the housing project.

(b) For the development of housing projects pursuant to subsection (a), except as provided by federal law or regulation, the authority shall not be subject to chapters 103 and 103D or any and all other requirements of law for competitive bidding for partnership or development agreements, construction contracts, or other contracts; provided that the authority shall develop internal policies and procedures for the procurement of goods, services, and construction, consistent with the goals of public accountability and public procurement practices.

(c) The authority shall submit an annual report to the legislature, no later than twenty days prior to the convening of each regular session, on the status of all housing projects being developed using partnership or development agreements pursuant to subsection (a).

(d) The authority may adopt rules pursuant to chapter 91 necessary for the purposes of this section. [L 2012, c 164, §2; am L 2022, c 251, §5; am L 2025, c 89, §7]
Haw. Rev. Stat. § 346-163 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-163
Licenses and temporary permits.
Status: in_force

(a) If satisfied that the applicant meets the minimum standards established pursuant to section 346-162 and subject to the criminal history record checks and child abuse record checks of section 346-154, the department shall grant the applicant a license for the operation of a group child care home or group child care center, as the case may be. The license shall be valid for:

(1) One year for new applicants and for those who have been licensed for less than four years; and

(2) Two years for those who have been licensed for four years or more,

unless sooner revoked. Where the activities of the applicant fall within the licensing requirements of the department of education and this subpart, a license shall be required from both the department of education and the department of human services.

A temporary permit may be issued for a period of six months at the department's discretion to any applicant who is temporarily unable to conform to all of the minimum standards. Renewal of the temporary permit shall be left to the department's discretion; provided that the combined period of the initial and subsequently renewed permits shall not exceed twenty-four months. Licenses and permits shall be conspicuously posted on the licensed premises.

(b) The department may establish reasonable fees for the issuance or renewal of licenses and permits according to rules adopted pursuant to chapter 91. [L 1985, c 208, pt of §2; am L 1987, c 339, §4; am L 1998, c 5, §2; am L 2001, c 201, §6; am L 2012, c 161, §2]
Haw. Rev. Stat. § 353-63 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-63
Service of Hawaii paroling authority members; compensation; expenses.
Status: in_force

The chairperson of the Hawaii paroling authority shall serve on a full-time basis. The other four members shall serve on a part-time basis. Effective July 1, 2012, the chairperson of the Hawaii paroling authority shall be paid a salary set at eighty-seven per cent of the salary of the director of corrections and rehabilitation. The compensation of each of the part-time members shall be eighty per cent of the hourly wage paid the chairperson. For each hour engaged in the official duties of the authority, each part-time member of the authority shall be paid an hourly wage at the percentage rate specified in this section based on the hourly wage paid the chairperson; provided that compensation shall not exceed eighty per cent of the total regular working hours in a month; provided further that part-time members shall not be entitled to any vacation, sick leave, or other benefits except as provided in this section. All paroling authority members shall receive their necessary expenses for travel and incidentals that shall be paid from appropriations provided the authority for such purposes, on vouchers approved by the director of corrections and rehabilitation.
Haw. Rev. Stat. § 348-7 — HI Code / Division 1 / Title 20 / Chapter 348 / Section 348-7
Cooperative arrangements, etc.
Status: in_force

Pursuant to the general policies of the department of human services, the department is authorized:

(1) To cooperate with and utilize the services of the state agency administering the public assistance program, the Social Security Administration, and other federal, state, city and county, and local public agencies providing services relating to vocational rehabilitation, and with the state system of public employment offices in the State, and shall make maximum feasible utilization of the job placement and employment counseling services and other services and facilities of the offices;

(2) To cooperate with political subdivisions and other public and nonprofit organizations and agencies, in their establishment of workshops and rehabilitation facilities and, to the extent feasible in providing vocational rehabilitation services, shall utilize all the facilities meeting the standards established by the department;

(3) To enter into contractual arrangements with the Social Security Administration, with respect to certifications of disability and performance of other services, and with other authorized public agencies for performance of services related to vocational rehabilitation, for the agencies; and

(4) To contract with schools, hospitals, and other agencies, and with doctors, nurses, technicians, and other persons, for training, physical restoration, transportation, and other vocational rehabilitation services. [L 1955, c 231, pt of §2; RL 1955, §42-36; am L Sp 1959 2d, c 1, §18; HRS §348-7; am L 1970, c 105, §5; am L 1987, c 339, §4; am L 2015, c 35, §10]
Haw. Rev. Stat. § 346-236 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-236
Permanent changes.
Status: in_force

Permanent changes in the living situation of a vulnerable adult who has incurred abuse shall not ordinarily be made under authority of this part. If permanent changes in the living situation or nonemergency medical treatment are necessary, the appropriate guardianship, or civil commitment action shall be initiated pursuant to applicable state law.
Haw. Rev. Stat. § 356D-55 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-55
Existing contracts not impaired.
Status: in_force

Sections 356D-52 and 356D-53 shall not be construed as to impair or affect the obligation of any contract existing on or before May9, 1949.
Haw. Rev. Stat. § 346-144 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-144
Application; approval; statement; return.
Status: in_force

(a) A person desiring to return to the person's homeland may make application to the director. The application shall include evidence from a recognized agency or other acceptable means to ensure that the person's health and welfare will be protected upon return to the person's homeland. The director shall examine the application and determine whether the person is a qualified person and the person's health and welfare will be protected. If the director determines that the person is a qualified person, the person's health and welfare will be protected, and funds are available, the director shall approve the application. Upon approval, the qualified person shall be required to sign a statement of intent to take up permanent residence in the qualified person's homeland. Upon signing the statement, the director shall enter into a contract as provided under section 346-143 to provide transportation assistance for the qualified person.

(b) A person who has used the transportation assistance under this part and returns to and reestablishes residency in Hawaii shall repay to the State the amount of the transportation assistance used in returning to the person's homeland with interest. The rate of interest shall be established by the director by rule under chapter 91.

(c) The statement of intent under subsection (a) shall explain the requirements for reestablishing residency in Hawaii and indicate that the qualified person understands these requirements.

(d) A person shall not be eligible to use the transportation assistance under this chapter more than once in the person's lifetime. [L 1980, c 276, pt of §2]
Haw. Rev. Stat. § 353G-1 — HI Code / Division 1 / Title 20 / Chapter 353G / Section 353G-1
Title.
Status: in_force

This [chapter] shall be known and may be cited as the "Criminal Offender Treatment Act".
Haw. Rev. Stat. § 353D-8 — HI Code / Division 1 / Title 20 / Chapter 353D / Section 353D-8
Other provisions.
Status: in_force

Nothing in this chapter is intended to limit the department in developing additional programs or making all reasonable efforts to promote services to families of offenders under its jurisdiction.

Revision Note

"Chapter" substituted for "part" pursuant to §23G-15.
Haw. Rev. Stat. § 346-388.2 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-388.2
Kauhale; reports.
Status: in_force

(a) The office shall establish the following:

(1) The evaluation criteria and process that the office shall use each year when reviewing the success and sustainability of the kauhale; and

(2) Monitoring and oversight controls over the kauhale to identify, address, and prevent possible fraud, waste, and abuse and ensure compliance with federal, state, and local laws.

(b) The coordinator shall compile and consolidate information from the office and submit a report to the legislature no later than twenty days prior to the convening of each regular session, which shall include:

(1) Data on the number of beds, occupancy, duration of stay, types of services provided, and next planned destination of participants who left the kauhale;

(2) An evaluation of the kauhale to determine whether the objectives set have been met or exceeded; and

(3) Any proposed changes that need to be made to the performance measures used to assess the achievement of program goals. [L 2025, c 309, pt of §1]
Haw. Rev. Stat. § 352-5.5 — HI Code / Division 1 / Title 20 / Chapter 352 / Section 352-5.5
Criminal history record checks.
Status: in_force

(a) The department shall develop standards to ensure the reputable and responsible characters of staff members of the Hawaii youth correctional facility which shall include criminal history record checks in accordance with section 846-2.7.

(b) Staff members, as defined in section 352-5, including any new staff members, shall:

(1) Be subject to criminal history record checks in accordance with section 846-2.7; and

(2) Provide consent to the department to obtain other criminal history record information for verification.

New staff members shall be fingerprinted within five working days of beginning employment for the purpose of complying with the criminal history record check.

(c) The department shall obtain criminal history record information through the Hawaii criminal justice data center on all staff members and new staff members of the Hawaii youth correctional facility. The department shall conduct an annual name inquiry into the state criminal history record files.

(d) The department may deny employment to a staff member or new staff member who was convicted of a crime other than a minor traffic violation involving $50 or less and if the department finds that because of the criminal history record of the staff member or new staff member, the staff member poses a risk to the health, safety, security, or well-being of youths under supervision and confinement. [L 1985, c 209, §5; am L 2003, c 95, §10(2)]
Haw. Rev. Stat. § 353G-18 — HI Code / Division 1 / Title 20 / Chapter 353G / Section 353G-18
Statutory construction.
Status: in_force

The provisions of this chapter shall be liberally construed to effectuate its remedial and rehabilitative purposes.
Haw. Rev. Stat. § 347-15 — HI Code / Division 1 / Title 20 / Chapter 347 / Section 347-15
Fares for blind person and guide.
Status: in_force

It shall be lawful under the law of the State for any carrier, whether public or private, whether a public utility or not a public utility, to carry on any conveyance operated by the carrier any blind person and the blind person's guide and not to charge them passenger fares. This section shall not be construed to affect the contractual rights of any person or to place any obligation or restriction on any carrier.
Haw. Rev. Stat. § 355-4 — HI Code / Division 1 / Title 20 / Chapter 355 / Section 355-4
Hearing.
Status: in_force

The director of corrections and rehabilitation and the director's authorized subordinates and agents shall hold such hearings as may be requested by any other party state pursuant to Article 4(f) of the Western Interstate Corrections Compact.
Haw. Rev. Stat. § 356D-28 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-28
Public housing special fund.
Status: in_force

(a) There is established the public housing special fund to be administered by the authority. Notwithstanding section 36-21, the proceeds in the fund shall be used for long-term and other special financings of the authority, the development and redevelopment of authority projects, and for necessary expenses in administering this chapter.

(b) All moneys received and collected by the authority, including moneys received and collected by an agent authorized pursuant to section 356D-10 and moneys received and collected pursuant to a partnership or development agreement authorized pursuant to section 356D-12.5, and all moneys not otherwise pledged, obligated, or required by law to be placed in any other special fund, shall be deposited into the public housing special fund. [L 2006, c 180, pt of §2; am L 2016, c 42, §11; am L Sp 2021, c 9, §76; am L 2025, c 155, §3]
Haw. Rev. Stat. § 346-393 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-393
Rights of the young adult.
Status: in_force

(a) Young adults have a right to meaningful court reviews, including the right to:

(1) Receive notice of any court hearings and reviews and any other case related proceedings and meetings;

(2) Be involved in the development of a personalized case plan;

(3) Be present at all court hearings and reviews and be able to address the court during those hearings; provided that young adults may waive their right to be present at the court hearings and reviews or may request to participate in the court hearings and reviews by phone; and

(4) Request competent legal counsel.

(b) Nothing in this part shall be construed to abrogate any other rights that a person who has attained eighteen years of age, may have as an adult under state law. [L 2013, c 252, pt of §2]
Haw. Rev. Stat. § 346-262 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-262
§§346-262 to 346-276 REPEALED.
Status: repealed

§§346-262 to 346-276 REPEALED. L 2008, c 88, pt of §1.
Haw. Rev. Stat. § 346D-8 — HI Code / Division 1 / Title 20 / Chapter 346D / Section 346D-8
Personnel exempt.
Status: in_force

The department of human services may employ civil service personnel in accordance with chapter 76 to service the waiver programs.
Haw. Rev. Stat. § 346-370 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-370
Emergency or transitional shelter volunteers.
Status: in_force

(a) For the purposes of this section, "emergency or transitional shelter volunteer" means an individual who:

(1) Is a tenant at an emergency or transitional shelter administered pursuant to this part;

(2) Is not an employee of the provider agency operating or managing the shelter;

(3) Is under the direction of the provider agency operating or managing the shelter and not the department or the State; and

(4) Provides up to eighty hours of volunteer labor or services per month to the provider agency operating or managing the shelter, notwithstanding payment of stipends or credits for the labor and services.

(b) Provider agencies may accept labor and services from emergency or transitional shelter volunteers.

(c) In addition to any exemptions granted to nonpaid labor, emergency or transitional shelter volunteers who acknowledge in writing that they are emergency or transitional shelter volunteers shall not be construed to be in the employ of the provider agency operating or managing the shelter. The volunteers' labor and services provided to the provider agency operating or managing the shelter shall not be construed to constitute employment, and the volunteers shall not be construed to be employees of the provider agency operating or managing the shelter, under any labor law. [L 2010, c 89, pt of §2]
Haw. Rev. Stat. § 346D-7 — HI Code / Division 1 / Title 20 / Chapter 346D / Section 346D-7
Rules.
Status: in_force

The department of human services shall adopt rules in accordance with chapter 91, for the purpose of this chapter.

Revision Note

"Chapter" substituted for "Act" pursuant to §23G-15.
Haw. Rev. Stat. § 353-8 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-8
Conditional release centers for committed persons.
Status: in_force

(a) The director may establish and operate facilities to be known as conditional release centers, either operated separately, or as part of community correctional centers.

(b) The purpose of such facilities is to provide housing, meals, supervision, guidance, furloughs, and other correctional programs for persons committed to the department of corrections and rehabilitation and to give committed persons, in selected cases, a chance to begin adjustment to life in a free society and to serve as a test of an individual's fitness for release on parole.

(c) The department shall notify the county prosecutors and police chiefs whenever a person committed for an offense against the person as described in chapter 707, or any convicted felon, is admitted to a work furlough, conditional release, or similar program. Notification shall be transmitted in writing no later than thirty days prior to the commencement of the program and shall list the conditions pertaining thereto. For parole violators who are recommitted to prison for less than thirty days or who are placed on a work furlough, conditional release, or similar program, notification as described above shall be transmitted in writing on the next working day after recommitment or placement in a program.

(d) Additionally, whenever the department admits a committed person who has been convicted of an offense against the person as described in chapter 707, or of an attempt to commit such an offense, to a work furlough program, conditional release program, or other similar programs, it shall give written notice to each victim of the offense, who has made written request for such notice, of the admission of the committed person to the program. Notice shall be given to the victim at the address given on the request for notice or such address as may be provided to the department by the victim from time to time. Neither the failure of any state officer or employee to carry out the requirements of this section nor compliance with it shall subject the State or the officer or employee to liability in any civil action. However, such failure may provide a basis for such disciplinary action as may be deemed appropriate by competent authority. [L 1987, c 338, pt of §3; am L 1989, c 211, §8; am L 1992, c 64, §1; am L 1993, c 21, §1; am L 2022, c 278, §29]
Haw. Rev. Stat. § 346-397 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-397
Provision of extended foster care services.
Status: in_force

As soon as the department determines that a young adult is eligible under section 346-395 and the young adult signs the voluntary care agreement as described in section 346-396, prior to the filing of the petition invoking the jurisdiction of the court or the court's determination of jurisdiction pursuant to section 346-398, the department may provide extended foster care services to the young adult.
Haw. Rev. Stat. § 363-3.7 — HI Code / Division 1 / Title 20 / Chapter 363 / Section 363-3.7
Veterans cemeteries board.
Status: in_force

(a) There shall be established the veterans cemeteries board within the office in the department of defense for administrative purposes only. The veterans cemeteries board shall:

(1) Identify compliance issues faced by veterans cemeteries in the State, the resources needed, and the challenges encountered by departments or agencies that manage veterans cemeteries, and work collaboratively to resolve any issues;

(2) Devise solutions to address the issues identified in paragraph (1) and implement the solutions collaboratively with the state and county departments and agencies represented on the board;

(3) Seek resources, including funding, legislative initiatives, and intergovernmental program support; and

(4) Interact with and invite interested community agencies, organizations, stakeholders, and veterans and citizens to participate in discussions and board meetings.

(b) The veterans cemeteries board shall consist of the following members:

(1) The director, or the director's designee, who shall serve as the chairperson of the board;

(2) A representative of the National Memorial Cemetery of the Pacific, by invitation of the director;

(3) The director of the department within the county of Hawaii that is responsible for operating and maintaining the county's veterans cemeteries, or the director's designee;

(4) The director of the department within the county of Kauai that is responsible for operating and maintaining the county's veterans cemeteries, or the director's designee;

(5) The director of the department within the county of Maui that is responsible for operating and maintaining the county's veterans cemeteries, or the director's designee; and

(6) The cemetery operations manager of the Hawaii state veterans cemetery, or the manager's designee.

The members of the veterans cemeteries board shall serve without compensation but may be reimbursed for necessary expenses, including travel expenses, incurred in the performance of their duties. A majority of the members of the veterans cemeteries board shall constitute a quorum for the conduct of the business of the board. A majority vote of the members present at a meeting at which a quorum is established shall be necessary to validate any action of the veterans cemeteries board.

(c) The veterans cemeteries board shall develop strategies and make recommendations to meet compliance standards set by the National Cemetery Administration of the United States Department of Veterans Affairs. In developing the recommendations, the veterans cemeteries board shall create, develop, and adopt a statewide framework, which shall include:

(1) A clear understanding of the compliance standards for cemetery grounds and maintenance set by the National Cemetery Administration;

(2) Strategies and recommendations for grounds and maintenance best practices to address the various challenges and conditions of each cemetery location; and

(3) A standardized system of data collection and information sharing to support the intergovernmental efforts of the board.

(d) The office shall provide necessary staff and other support required by the veterans cemeteries board for the performance of its duties.

(e) The veterans cemeteries board shall submit a report of the board's findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of each regular session. [L 2025, c 119, §2]
Haw. Rev. Stat. § 346-154 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-154
Background checks.
Status: in_force

(a) The department shall develop standards to ensure the reputable and responsible character of an applicant to operate a child care facility, prospective employees of the applicant, household members, and new employees or household members of the provider after registration or licensure, which shall include criminal history record checks in accordance with section 846-2.7, sex offender registry checks, child abuse record checks, and adult abuse perpetrator checks.

For the purposes of this section, "adult abuse perpetrator check" means a search to determine whether an individual is known to the department as a perpetrator of abuse as defined in section 346-222, by means of a search of the individual's name and birth date in the department's adult protective services file.

(b) An applicant to operate a child care facility shall:

(1) Be subject to criminal history record checks in accordance with section 846-2.7;

(2) Submit to the department or its designee, under penalty of law, statements signed by the applicant, prospective employees of the applicant, and household members of the applicant indicating whether the applicant, any of the prospective employees, or any of the household members has ever been confirmed to have abused or neglected a child or vulnerable adult, including threatened harm; and

(3) Provide consent to the department or its designee to conduct a criminal history record check in accordance with section 846-2.7, a sex offender registry check, a child abuse record check, and an adult abuse perpetrator check, and to obtain criminal history information, sex offender registry information, child abuse record information, and adult abuse perpetrator information for verification.

(c) A provider shall:

(1) Be subject to criminal history record checks in accordance with section 846-2.7 and sex offender registry checks;

(2) Submit to the department or its designee a statement signed by any household member or any employee hired after the initial licensure or registration that requires the household member or employee to indicate, under penalty of law, whether the household member or employee has ever been confirmed to have abused or neglected a child or vulnerable adult, including threatened harm; and

(3) Provide consent to the department or its designee to conduct a criminal history record check in accordance with section 846-2.7, a sex offender registry check, a child abuse record check, and an adult abuse perpetrator check, and to obtain criminal history information, sex offender registry information, child abuse record information, and adult abuse perpetrator check information for verification.

(d) The department or its designee shall obtain information on the applicant, any household member, and any prospective employee of the applicant, including any household member or new employee retained after the applicant is issued a registration or license under this part, from the following sources:

(1) Criminal history record information through the Hawaii criminal justice data center in accordance with section 846-2.7;

(2) National and state sex offender registries; and

(3) Child abuse record information and adult abuse perpetrator check information from the department in accordance with departmental procedures.

(e) The department may deny an application for or revoke a license or registration to operate a child care facility if:

(1) The applicant, a household member, or any prospective employee has been convicted of a crime other than a minor traffic violation involving a fine of $50 or less, or ever been confirmed to have abused or neglected a child or vulnerable adult; or

(2) The department finds that the criminal history, history of registration as a sex offender, or child abuse record or adult abuse perpetrator check record of that applicant, household member, or prospective employee indicates that the applicant, household member, or prospective employee may pose a risk to the health, safety, or well-being of children.

(f) The department may request the provider to terminate the employment or residency of a new employee or household member or may suspend or revoke the license or registration of the provider who employs a new employee or who allows continued residency of a household member if:

(1) The employee or household member has been convicted of a crime other than a minor traffic violation involving a fine of $50 or less, or ever been confirmed to have abused or neglected a child or vulnerable adult; or

(2) The department finds that the criminal history, history of registration as a sex offender, or child abuse record or adult abuse perpetrator check record of the new employee or household member indicates that the new employee or household member may pose a risk to the health, safety, or well-being of children.

(g) The department shall deny an application for a license or registration, shall request the provider to terminate the employment or residency of a new employee or household member, or shall suspend or revoke the license or registration of the provider who employs a new employee or who allows continued residency of a household member if the applicant, employee, or household member:

(1) Refuses to consent to the background checks;

(2) Knowingly makes a materially false statement in connection with the background checks; or

(3) Is registered, or required to be registered, on the national sex offender registry or any state sex offender registry.

(h) The department or its designee, in obtaining and relying upon the background check information, is presumed to be acting in good faith and shall be immune from civil liability for taking or recommending action based upon the background check information. The presumption of good faith may be rebutted upon a showing of proof by a preponderance of the evidence that the department or its designee relied upon information or opinion that it knew was false or misleading or that such reliance was not reasonable. [L 1985, c 208, pt of §2; am L 1986, c 297, §3; am L 2001, c 201, §4; am L 2003, c 95, §9(6); am L 2008, c 136, §4; am L 2012, c 41, §2; am L 2016, c 88, §4]
Haw. Rev. Stat. § 353-14 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-14
Cash furnished discharged committed person, when.
Status: in_force

(a) Upon the discharge or parole of any committed person who has undergone a commitment or sentence of more than one year, the committed person may be furnished by the Hawaii paroling authority, in its discretion, with funds of not more than $200, to meet the committed person's immediate needs; provided that legislative appropriations for this specific purpose have been authorized and allocated to the authority. The expenditures made by the Hawaii paroling authority shall be included among the accounts for cost and maintenance of committed persons.

(b) The Hawaii paroling authority shall not use any moneys appropriated pursuant to subsection (a) for any purpose other than to meet a committed person's immediate needs. [L 1987, c 338, pt of §3; am L 1997, c 174, §1; am L 2018, c 79, §1]
Haw. Rev. Stat. § 353-39 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-39
Sexual assaults in prison.
Status: in_force

(a) The department, to the best of the department's ability, shall address sexual assault in prison and make every effort to seek grant moneys from the federal government to implement those efforts. The department shall place priority upon establishing:

(1) Appropriate counseling services for sexual assault, to be made available to victims of prison sexual assault within twenty-four hours of the report of an assault; and

(2) Policies and standards of transparency to achieve a zero-tolerance policy for sexual assault.

(b) The department, no later than twenty days prior to the convening of each regular session, shall report data to the legislature regarding:

(1) Sexual assault by persons in custody against other persons in custody of the department;

(2) Sexual assault by correctional staff against persons in custody of the department;

(3) Non-criminal sexual misconduct by staff, including sexual harassment of persons in custody of the department;

(4) Criminal cases initiated, and closed by dismissal, plea, or verdict, for sexual assaults by or upon a person in custody of the department; and

(5) Civil claims filed and closed by dismissal, settlement, or verdict for sexual assaults by or upon a person in custody of the department.

(c) The department shall preserve any forensic evidence consisting of human biological specimens for collection by the relevant criminal investigation entity or coroner, if there is any indication of sexual assault leading to the death of any:

(1) Correctional facility or community correctional center employee who dies on the grounds of a correctional facility or community correctional center where Hawaii inmates reside or who sustains an injury on the grounds of a correctional facility or community correctional center where Hawaii inmates reside that causes the death of the employee; and

(2) Hawaii inmate who is incarcerated in a state or contracted correctional facility. [L 2022, c 278, pt of §18]
Haw. Rev. Stat. § 346-143 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-143
Administration.
Status: in_force

The director may enter into contracts with private, nonprofit organizations for the purpose of providing transportation assistance to a qualified person who desires to return to the qualified person's homeland in order to establish and maintain a permanent residence there.
Haw. Rev. Stat. § 346-381.5 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-381.5
Coordinator on homelessness.
Status: in_force

The governor shall appoint the coordinator on homelessness for the proper administration and enforcement of this chapter without regard to chapter 76.
Haw. Rev. Stat. § 353-1.4 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-1.4
Correctional health care program.
Status: in_force

There is established a correctional health care program within the department. The administrator of the correctional health care program and physicians who provide care to inmates shall be appointed by the director without regard to chapter 76.
Haw. Rev. Stat. § 346-7.5 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-7.5
Spouse and child abuse special fund.
Status: reserved

(a) There is established within the state treasury a special fund to be known as the "spouse and child abuse special fund", and to be administered and expended by the department of human services.

(b) The proceeds of the special fund shall be reserved for use by the department of human services for staff programs, and grants or purchases of service, consistent with chapters 42F and 103F, that support or provide spouse or child abuse intervention or prevention as authorized by law. These proceeds shall be used for new or existing programs and shall not supplant any other funds previously allocated to these programs.

(c) The special fund shall consist of fees remitted pursuant to sections 338-14.5 and 572-5, income tax remittances allocated under section 235-102.5, federal reimbursements received through Title IV-E of the Social Security Act received in the following fiscal year from which the Title IV-E funds were expended, interest and investment earnings, grants, donations, and contributions from private or public sources. All realizations of the special fund shall be subject to the conditions specified in subsection (b).

(d) The department of human services shall submit an annual report to the legislature, prior to the convening of each regular session, providing an accounting of the receipts of and expenditures from the special fund.

(e) [Repeal and reenactment on June 30, 2027. L 2023, c 17, §13.] All unencumbered and unexpended moneys in excess of $5,000,000 in the spouse and child abuse special fund shall lapse to the credit of the general fund. Upon dissolution of the spouse and child abuse special fund, any unencumbered moneys in the fund shall lapse to the general fund. [L 1994, c 232, §2; am L 1997, c 190, §6; am L 2004, c 228, §3; am L 2019, c 84, §4; am L 2022, c 250, §§2, 4]
Haw. Rev. Stat. § 356D-43 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-43
Rentals.
Status: in_force

(a) Notwithstanding any other law to the contrary, the authority shall fix the rates of the rentals for dwelling units and other facilities in state low-income housing projects provided for by this subpart, at rates that will produce revenues that will be sufficient to pay all expenses of management, operation, and maintenance, including the cost of insurance, a proportionate share of the administrative expenses of the authority to be fixed by it, and the costs of repairs, equipment, and improvements, to the end that the state low-income housing projects shall be and always remain self-supporting. The authority, in its discretion, may fix the rates in amounts as will produce additional revenues (in addition to the foregoing) sufficient to amortize the cost of the state low-income housing project or projects, including equipment, over a period or periods of time that the authority may deem advisable.

(b) Notwithstanding any other law to the contrary, if:

(1) Any state low-income housing project or projects have been specified in any resolution of issuance adopted pursuant to partI;

(2) The income or revenues from any project or projects have been pledged by the authority to the payment of any bonds issued under part I; or

(3) Any of the property of any state low-income housing project or projects is security for the bonds,

the authority shall fix the rates of the rentals for dwelling units and other facilities in the state low-income housing project or projects so specified or encumbered at increased rates that will produce the revenues required by subsection (a) and, in addition, those amounts that may be required by part I, by any resolution of issuance adopted under part I, and by any bonds or mortgage or other security issued or given under part I. [L 2006, c 180, pt of §2]
Haw. Rev. Stat. § 353H-2 — HI Code / Division 1 / Title 20 / Chapter 353H / Section 353H-2
Definitions.
Status: in_force

When used in this chapter:

"Community-based long-term support programs" include programs administered and operated by community agencies, faith-based organizations, and other entities offering support to offenders for at least one year.

"Community-based programs" are programs that are administered and operated outside of a correctional facility.

"Department" means the department of corrections and rehabilitation.

"Institution-based programs" are services offered within a correctional facility.

"Reentry programs" include programs that are located within a correctional facility.

"Reintegration programs" include programs that are located within a correctional facility.

"Transition programs" include programs that are located within a correctional facility. [L Sp 2007, c 8, pt of §2 ; am L 2022, c 278, §29]
Haw. Rev. Stat. § 363-13 — HI Code / Division 1 / Title 20 / Chapter 363 / Section 363-13
Disbursement of World War II Filipino veterans burial grant funds.
Status: in_force

(a) At the request of a deceased World War II Filipino veteran's survivor or an interested party, the office shall receive, review, and, as appropriate, approve requests for payments to:

(1) Provide funeral and burial services for a World War II Filipino veteran who died after June 30, 1994; and

(2) Transport the remains of that World War II Filipino veteran to the Philippines.

(b) The office shall establish the amount of burial grant funds that may be disbursed on behalf of a World War II Filipino veteran; provided that the amount shall not exceed $2,000 per person.

(c) The office shall not expend more than the amount appropriated for the fiscal year to provide burial grants for deceased World War II Filipino veterans.

(d) Specific eligibility criteria, application and appeal procedures, service choices, and invoicing arrangements shall be established by the office.

(e) Payment shall be authorized by the office upon the submission of an itemized unpaid invoice reflecting services that have been satisfactorily performed on behalf of a deceased World War II Filipino veteran.

(f) As used in this section, "World War II Filipino veteran" means a Filipino veteran who enlisted in World War II between October 6, 1945, and June 30, 1947, and who, at the time of the veteran's death, was a United States citizen and a resident of the State of Hawaii. [L 2007, c 100, §2]
Haw. Rev. Stat. § 353-22.5 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-22.5
Garnishment to cover nonbudgeted costs.
Status: in_force

All moneys received by windfall or earned by a committed person shall be subject to garnishment, levy, or any like process of attachment by the director for a cause of action or claim against the committed person in the following order of priority:

(1) Restitution to victims;

(2) Child support payments by order of the court;

(3) Replacement costs for any facility damage that may have been caused by the committed person and all other costs associated with the facility damage; and

(4) Reimbursement for the extraordinary cost of photocopying or postage which has been advanced by the department for litigation purposes.

All moneys collected by the department pursuant to paragraph (3) or (4) shall be used to reimburse, in whole or in part, the nonbudgeted costs and expenses. [L 1996, c 189, §2]
Haw. Rev. Stat. § 353B-6 — HI Code / Division 1 / Title 20 / Chapter 353B / Section 353B-6
Interstate transfer fee.
Status: in_force

The judiciary may assess a fee not to exceed $200 for each application made by a parolee or probationer for a transfer out of the State.
Haw. Rev. Stat. § 350E-8 — HI Code / Division 1 / Title 20 / Chapter 350E / Section 350E-8
Court jurisdiction.
Status: in_force

Any court having jurisdiction to place delinquent children may place such a child in an institution in another state pursuant to Article VI of the Interstate Compact on the Placement of Children and shall retain jurisdiction as provided in Article V thereof.
Haw. Rev. Stat. § 356D-25 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-25
Investment of reserves, etc.
Status: in_force

The authority may invest any funds held in reserves or sinking funds or any funds not required for immediate disbursement, including the proceeds of bonds, in property or securities in which the director of finance may legally invest, as provided in section 36-21; provided that funds held outside the state treasury may be invested for terms not to exceed thirty-five years. No provisions with respect to the acquisition, operation, or disposition of property by other government agencies shall be applicable to the authority unless the legislature shall specifically so state.
Haw. Rev. Stat. § 346-235 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-235
Consolidation with guardianship proceedings.
Status: in_force

A proceeding for the appointment of a guardian or conservator under article V of chapter 560 may be consolidated with the proceedings under this part as the applicable circuit court and the family court, in the exercise of their discretion, shall permit.
Haw. Rev. Stat. § 356D-60 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-60
Rights and powers ; supplemental.
Status: in_force

The rights and powers conferred upon the authority by this subpart shall be in addition and supplemental to the rights and powers conferred upon the authority by any other law.

Revision Note

This section was renumbered from §356D-70 pursuant to §23G-15.
Haw. Rev. Stat. § 346-152 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-152
Exclusions; exemptions.
Status: in_force

(a) Nothing in this part shall be construed to include:

(1) A person caring for children who is related to each child by blood, marriage, or adoption as:

(A) A parent's sibling; grandparent; great-grandparent; great-great grandparent; first cousin; sibling's child; sibling's grandchild; or grandparent's sibling;

(B) A stepparent or stepsibling; or

(C) The spouse of a person named in subparagraph (A) or (B), even if the marriage is terminated by death, separation, or divorce;

(2) A person, group of persons, or facility caring for a child less than six hours a week;

(3) A kindergarten, school, or child care program licensed or certified by the department of education;

(4) A program that provides exclusively for a specialized training or skill development for children who are eligible pupils in grades kindergarten through twelve in public or private schools, including but not limited to programs providing activities including athletic sports, foreign language, the Hawaiian language, dance, drama, music, or martial arts;

(5) A multiservice organization or community association, duly incorporated under the laws of the State, that operates for the purpose of promoting recreation, health, safety, or social group functions for eligible pupils in public and private schools through seventeen years of age;

(6) Programs for children four years of age and older that operate for no more than two consecutive calendar weeks in a three-month period;

(7) A provider agency operating or managing a homeless facility or any other program for homeless persons authorized under part XVII;

(8) After-school, weekend, and summer recess programs conducted by the department of education pursuant to section 302A-408;

(9) Child care programs conducted by counties pursuant to section 302A-408; provided that each county adopts rules for its programs;

(10) Any person who enters a home in a child caring capacity and only cares for children who are of that household;

(11) A person caring for two or fewer children unrelated to the caregiver by blood, marriage, or adoption as described in paragraph (1);

(12) A child care program licensed by the Hawaii council of private schools. A child care program claiming an exemption under this paragraph shall submit an application for the exemption on a form provided by the department and shall provide to the department evidence that the licensing standards of the Hawaii council of private schools meet or exceed the department's standards for a comparable program, including a monitoring component. Upon application of a child care program for the exemption under this paragraph, the department shall have the discretion to determine whether the licensing standards of the Hawaii council of private schools meet or exceed the department's standards;

(13) A kindergarten, school, or child care program certified by the United States Department of Defense; and

(14) A classroom administered by the executive office on early learning pursuant to section 302L-7.

(b) Staff members of programs taught solely in Hawaiian that promote fluency in the Hawaiian language shall be exempt from any rules requiring academic training or certification.

(c) Minimum health and safety requirements or standards as required by federal law may be imposed on any of the groups listed in this section that provide child care for a child whose family receives a child care subsidy from the department.

(d) Any person or child care facility asserting an exemption under this section shall:

(1) Cooperate with the department in investigations relating to unlicensed or unregistered child care;

(2) Have the burden of proving that the person or child care facility falls within an exemption pursuant to subsection (a); and

(3) Provide verification to the department that the person or child care facility falls within an exemption pursuant to subsection (a). [L 1985, c 208, pt of §2; am L 1986, c 79, §1; am L 1988, c 125, §2; am L 1991, c 212, §5; am L 1992, c 114, §1; am L 1997, c 250, §1 and c 350, §17; am L 1998, c 212, §3; am L 2002, c 33, §2; am L 2007, c 249, §21; am L 2010, c 89, §5; am L 2012, c 163, §1; am L 2013, c 140, §1; am L 2019, c 276, §11; am L 2020, c 66, §2; am L 2024, c 146, §2]
Haw. Rev. Stat. § 355-5 — HI Code / Division 1 / Title 20 / Chapter 355 / Section 355-5
Contracts.
Status: in_force

The director of corrections and rehabilitation may enter into such contracts on behalf of the State of Hawaii as may be appropriate to implement the participation of the State in the Western Interstate Corrections Compact pursuant to Article 3 thereof. No such contract shall be of any force or effect until approved by the governor and comptroller.
Haw. Rev. Stat. § 346-174 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-174
Informing parent and legal guardian of children and general public.
Status: in_force

(a) The department shall maintain a registry of registered family child care homes and make the information in the registry available to the general public upon request. The department may also provide for the publication and dissemination of the registry through the news media or other means.

(b) The provider of child care in a family child care home shall give to each parent or legal guardian of a child a copy of the provider's certificate of registration upon request. [L 1985, c 208, pt of §2]
Haw. Rev. Stat. § 346-374.5 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-374.5
Emergency shelter; minimum requirements.
Status: in_force

(a) This section shall apply to every emergency shelter operated by a provider agency that is under contract with the department to receive homeless shelter stipends for providing shelter and services to homeless families or individuals at the emergency shelter.

(b) The department shall require an emergency shelter to comply with the following:

(1) The shelter shall have the number of showers and bathrooms that the department deems appropriate and sufficient for the number of homeless families or individuals who use the shelter and the capacity of the shelter. The showers and bathrooms may be part of the shelter building or portable and unattached to the shelter building;

(2) The shelter may have partitioned space for each homeless family or individual that provides separation from other homeless families or individuals in the shelter. The minimum area of the partitioned space and height of the partition shall be determined by the department and may differ among emergency shelters, according to the number of homeless families or individuals who use the shelter and the capacity of the shelter. A shelter that provides separate rooms or portable dwelling units for homeless families or individuals, including converted shipping containers or school classrooms, shall be deemed to exceed this minimum requirement; and

(3) The shelter shall provide storage for the personal possessions of each homeless family or individual served by the shelter. The storage shall be securable by the homeless family or individual. The type and number of the storage equipment, space, or area shall be determined by the department.

(c) The department may require an emergency shelter to comply with any other requirements that the department deems appropriate or necessary. The requirements established by the department may vary among emergency shelters.

(d) A provider agency contracted to operate or manage an emergency shelter not owned by the department shall comply with the minimum requirements of subsection (b). The provider agency shall bear all costs of compliance, unless the department provides or contributes state funding assistance; provided that the state funding assistance shall be:

(1) In addition to homeless shelter stipends paid to the provider agency under section 346-374;

(2) Subject to the availability of legislative appropriations; and

(3) Recoverable, in whole or part, by the department if the provider agency does not perform satisfactorily under or for the duration of the term of its contract with the department to operate or manage the shelter.

(e) Any emergency shelter owned by the department shall comply with the minimum requirements under subsection (b), regardless of whether the department contracts with a provider agency to manage or operate the emergency shelter. [L 2016, c 234, §2; am L 2017, c 100, §§2, 4]
Haw. Rev. Stat. § 346-396 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-396
Voluntary care agreement.
Status: in_force

If a young adult is no longer under jurisdiction pursuant to chapter 587A as the subject child and chooses to participate in the young adult voluntary foster care program and meets the eligibility criteria set forth in section 346-395, the department and the young adult shall enter into a voluntary care agreement that shall include, at a minimum, the following:

(1) The obligation for the young adult to continue to meet the conditions for eligibility described in section 346-395 and the program requirements for the duration of the voluntary care agreement;

(2) The young adult's right to terminate the voluntary care agreement at any time; and

(3) The voluntary nature of the young adult's participation in the young adult voluntary foster care program. [L 2013, c 252, pt of §2; am L 2016, c 134, §4]
Haw. Rev. Stat. § 353-11.5 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-11.5
Restricted access to correctional facilities.
Status: in_force

(a) Except for the director and employees of the department of corrections and rehabilitation, members of the Hawaii paroling authority, and those persons specified in section 353-29, no person shall enter or remain on the grounds of any state correctional facility unless permission to so enter or remain has been obtained from the administrator of the correctional facility, the administrator's designated representatives, or the director.

(b) Signs shall be posted at reasonable intervals along the boundary of correctional facilities, informing the public of the restriction against access provided in subsection (a).

(c) Any person who violates subsection (a) shall be guilty of a misdemeanor. [L 1987, c 34, §1 and c 338, §10; am L 1988, c 141, §31; am L 1989, c 211, §8; am L 2022, c 278, §29]
Haw. Rev. Stat. § 353-135 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-135
[ §353-135] Law enforcement cooperation.
Status: in_force

[ §353-135] Law enforcement cooperation. The attorney general, and the chief of police and prosecuting attorney of each county, shall cooperate with the department in establishing and maintaining the system.
Haw. Rev. Stat. § 353-12 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-12
Correctional records, documents.
Status: in_force

The director shall establish a record of all facts relating to the admission, sentence, commutation, parole, pardon, discharge, escape, death, and correctional programs of any committed person, all actions that are taken for breach of correctional rules, and all other occurrences of note concerning the committed person.

The director or a designated agent shall file all warrants, mittimuses, processes, and other official papers, or the attested copies of them, by which any committed person has been committed, paroled, liberated, or retaken and they shall be safely kept in a suitable box or safe. Upon the death, resignation, or removal from office of the person so having custody of the papers, they shall be delivered, together with all other official records, papers, and journals, to the person's successor or to any other officer or person duly appointed to receive them. In default of such delivery the director or a designated agent, as the case may be, if living, may be held liable for theft as provided by section 708 - 830, and shall also be civilly liable in damages to any other person who is injured by such nondelivery. If the director or agent, as the case may be, is dead, the civil liability shall attach to such person's personal representatives and the sureties upon such person's official bond, if any has been required jointly and severally. In addition to the civil liability, the person or the person's personal representatives and sureties on the official bond shall forfeit and pay for each such default in delivery the sum of $200 to be recovered for the use of the general fund of the State. [L 1987, c 338, pt of §3]
Haw. Rev. Stat. § 363-2 — HI Code / Division 1 / Title 20 / Chapter 363 / Section 363-2
Office of veterans' services; director.
Status: in_force

(a) The office of veterans' services shall be responsible for the conduct or supervision of all activities provided for by this chapter and for the formulation and adoption of all policies and rules for the administration of this chapter and is established in the department of defense for administrative purposes.

(b) The head of the office shall be known as the director of the office of veterans' services. The director shall be nominated and appointed by the governor without regard to chapters 76 and 89. Effective July 1, 2005, the director shall be paid a salary set by the appointing authority that shall not exceed sixty-nine per cent of the salary of the director of human resources development. The director shall be included in any benefit program generally applicable to the officers and employees of the State.

(c) The director shall have the following principal functions, duties, and powers:

(1) Serve as the principal official in state government responsible for the performance, development, and control of programs, policies, and activities under this chapter;

(2) Oversee, supervise, and direct the performance by the director's subordinates of activities in such areas as planning, evaluation, and coordination of veterans programs and development of a statewide service delivery network;

(3) Assess the policies and practices of other agencies with respect to delivery of services and benefits to veterans;

(4) Administer funds allocated for the office, and apply for, receive, and disburse grants and donations from all sources for veterans programs and services provided under this chapter;

(5) Establish a clearinghouse for complaints of persons regarding services to veterans, or operations of state and county agencies affecting veterans, investigate such complaints, and refer the complaints and the director's findings to the appropriate agency for corrective action;

(6) Adopt, amend, and repeal rules pursuant to chapter 91 for the purposes of this chapter;

(7) Employ and retain such staff as may be necessary for the purposes of this chapter, in conformance with chapters 76, 89, and the appropriate collective bargaining agreements, executive orders, executive directives, or rules, except for the position of coordinator and executive secretary to the director, who shall be hired without regard to chapters 76 and 89;

(8) Contract for or grant such services as may be necessary for the purposes of this chapter, including a master contract with other state agencies receiving federal and state funds for programs and services for veterans, and purchase of service agreements with appropriate agencies;

(9) Oversee the development, establishment, and operation of a state veterans cemetery on Oahu; develop and administer the policies and procedures of the state veterans cemetery in accordance with the United States Department of Veterans Affairs and existing state guidelines; oversee the maintenance of state veterans cemeteries on all islands; and

(10) Act on behalf of deceased veterans found to be indigent at the time of death and without surviving immediate family members to ensure burial or cremation services are provided and that the veteran's remains are buried or inurned in a state veterans cemetery. [L 1951, c 75, §4; RL 1955, §349-4; am L Sp 1959 2d, c 1, §20; HRS §363-2; am L 1970, c 105, §5; am L 1987, c 339, §4; am L 1988, c 115, §4; am L 1990, c 140, §6; am L 2002, c 148, §40; am L 2005, c 226, §11; am L 2010, c 27, §1]
Haw. Rev. Stat. § 352-18 — HI Code / Division 1 / Title 20 / Chapter 352 / Section 352-18
Establishment of trust accounts.
Status: in_force

All sums collected pursuant to sections 352-16 and 352-17, and from other authorized sources shall be placed in a bank trust account or federally insured savings account to the credit of persons committed pursuant to this chapter. The director or director's agent shall maintain individual ledger accounts for each committed person and shall issue each person a periodic statement showing deposits and withdrawals.
Haw. Rev. Stat. § 353C-12 — HI Code / Division 1 / Title 20 / Chapter 353C / Section 353C-12
[ §353C-12] Eligible voter notification.
Status: in_force

[ §353C-12] Eligible voter notification. The department shall notify individuals on parole or probation of their eligibility to vote and provide them with information on how to register and vote.
Haw. Rev. Stat. § 346-13 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-13
Attendance and testimony of witnesses.
Status: in_force

(a) In all hearings or investigations conducted by or initiated at the request of the director of human services or the director's designated subordinate with respect to all matters reasonably related to department functions and programs, the director or the director's designated subordinate shall have the same powers respecting the administering of oaths, compelling the attendance of witnesses, the production of books, papers, documents, or objects deemed relevant to the investigation or inquiry, and examining or causing to be examined witnesses as are possessed by a circuit court and may take depositions and certify to official acts. Books, papers, documents, or objects obtained pursuant to such an investigation or inquiry may be retained by the director or the director's designated subordinate for a reasonable period of time for the purpose of examination, audit, copying, testing, or photographing. The circuit courts upon application by any of such officers shall have power to enforce by proper proceedings the attendance and testimony of any witnesses so subpoenaed and the production of books, papers, documents, or objects. Subpoena and witness fees and mileage in such cases shall be the same as in criminal cases in the circuit court. Necessary expenses of or in connection with the hearings or investigations shall be payable from the funds appropriated for expenses of the department of human services.

(b) Upon the written request of the director of human services or a designated subordinate, a financial institution, including but not limited to banks, savings and loan associations, and credit unions, shall furnish the records of accounts, deposits, and withdrawals of any applicant for or recipient of public assistance. Notwithstanding any other law to the contrary, the director shall require every applicant for public assistance to furnish written consent to authorize any financial institution to furnish the records of accounts, deposits, and withdrawals of such applicant. The director at the time of making a written request for information, shall provide to the financial institution written certification that the applicant for or recipient of public assistance has furnished such written consent. The director shall pay a reasonable fee to each such institution, not to exceed the actual cost of providing the information requested. [L 1941, c 296, §1(9); RL 1945, §4809; RL 1955, §107-9; HRS §346-13; am L 1973, c 31, pt of §21; am L 1978, c 105, §4; am L 1984, c 197, §1; gen ch 1985; am L 1987, c 339, §4]
Haw. Rev. Stat. § 346-162 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-162
Rules; minimum standards.
Status: in_force

The department of human services, after consultation with the department of health, the department of education, and the fire chiefs of the respective counties, shall make, prescribe, and publish such rules as are deemed necessary to protect the best interests of minor children who are provided care in a group child care home or group child care center and to carry out the purposes of this subpart.
Haw. Rev. Stat. § 347-1 — HI Code / Division 1 / Title 20 / Chapter 347 / Section 347-1
Visually handicapped defined.
Status: in_force

A visually handicapped person is one whose vision with correcting lenses is so defective as to interfere with the person's performance of ordinary activity for which eyesight is essential.
Haw. Rev. Stat. § 349-11 — HI Code / Division 1 / Title 20 / Chapter 349 / Section 349-11
State policy for senior centers.
Status: in_force

The executive office on aging shall be responsible for establishing state policy for senior centers. Such policy shall include, but not be limited to, the following:

(1) Establishment of comprehensive long range and immediate goals and objectives pursuant to chapter 349;

(2) Establishment of state standards for the operation and maintenance of senior centers;

(3) Establishment of priorities for program implementation and of alternatives for program implementation;

(4) Delineation of the separate and mutual roles, responsibilities, and authorities of the State and of the several counties relative to the development and administration of senior centers and senior center programs; and

(5) Establishment of a mechanism to provide for the effective monitoring of senior centers and senior center programs. [L 1976, c 141, §§1, 2]
Haw. Rev. Stat. § 353-9 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-9
Establishment of temporary correctional facilities.
Status: in_force

The director, with the prior approval of the governor, may establish, from time to time, temporary correctional facilities, if required in conjunction with projects or specialized service authorized by law. The temporary facilities shall be discontinued upon termination of the project.
Haw. Rev. Stat. § 348-2 — HI Code / Division 1 / Title 20 / Chapter 348 / Section 348-2
Definitions.
Status: in_force

For the purposes of this chapter:

"Department" means the department of human services.

"Director" means the director of human services.

"Eligible handicapped individual", when used with respect to diagnostic and related services, training, guidance, and placement, means any handicapped individual whose vocational rehabilitation is determined feasible by the department of human services, and when used with respect to other vocational rehabilitation services, means an individual meeting the foregoing requirements who is also found by the department to require financial assistance with respect thereto, after full consideration of the individual's financial resources, or in the instance of minors the financial resources of the parents, and eligibility for any similar benefit by way of pension, compensation, insurance, or of any other available assistance.

"Establishment of a workshop or rehabilitation facility" means:

(1) In the case of a workshop, the expansion, remodeling, or alteration of existing buildings, necessary to adapt the buildings to workshop purposes or to increase the employment opportunities in workshops, and the acquisition of initial equipment necessary for new workshops or to increase the employment opportunities in workshops; and

(2) In the case of a rehabilitation facility, the expansion, remodeling, or alteration of existing buildings, and initial equipment of those buildings, necessary to adapt the buildings to rehabilitation facility purposes (subject, however, to limitations that the director of human services may by rules prescribe in order to prevent impairment of the objectives of, or duplication of, other federal laws providing federal assistance to states in the construction of those facilities), and initial staffing thereof.

"Handicapped individual" means an individual who is under a physical or mental disability that is stable or slowly progressive and constitutes a substantial handicap to employment, but that is of such a nature that appropriate vocational rehabilitation services may reasonably be expected to render the individual able to engage in a remunerative occupation.

"Health maintenance" means payments for medical care for acute conditions occurring in the course of vocational rehabilitation that are not expected to last thirty days.

"Maintenance" means payments, not exceeding the cost of subsistence, provided an eligible handicapped individual necessary to derive the benefit of other vocational rehabilitation services being provided to achieve the individual's vocational rehabilitation objective.

"Nonprofit", when used with respect to a rehabilitation facility or a workshop, means a rehabilitation facility and a workshop, respectively, owned and operated by a corporation or association, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual and the income of which is exempt from taxation under section 501(c) of the Internal Revenue Code.

"Physical restoration" includes:

(1) Corrective surgery or therapeutic treatment necessary to correct or substantially modify a physical or mental condition that is stable or slowly progressive and constitutes a substantial handicap to employment, but is of such a nature that the correction or modification may reasonably be expected to eliminate or substantially reduce the handicap within a reasonable length of time; and includes psychiatric treatment, dentistry, physical therapy, occupational therapy, speech or hearing therapy, treatment of medical complications, and emergencies that are associated with or arise out of physical restoration services or are inherent in the condition under treatment, and other medical services related to rehabilitation;

(2) Necessary hospitalization (either inpatient or outpatient[)] and nursing care in connection with surgery or treatment specified in paragraph (1); and

(3) Prosthetic devices essential to obtaining or retaining employment.

"Prosthetic appliance" means any appliance designed to support or take the place of a part of the body, or to increase the acuity of a sensory organ.

"Rehabilitation facility" means a facility operated for the primary purpose of assisting in the rehabilitation of handicapped individuals:

(1) That provides one or more of the following types of services:

(A) Testing, fitting, or training in the use of prosthetic devices;

(B) Prevocational or conditioning therapy;

(C) Physical or occupational therapy;

(D) Adjustment training; or

(E) Evaluation or control of special disabilities; or

(2) Through which is provided an integrated program of medical, psychological, social, and vocational evaluation and services under competent professional supervision.

"Remunerative occupation" includes employment as an employee or self-employed, practice of a profession, homemaking, or farm and family work for which payment is in kind rather than cash, sheltered employment and home industry or other homebound work of a remunerative nature.

"Vocational rehabilitation" means making an individual able, or increasing the individual's ability to engage in, and placement in, a remunerative occupation through providing the individual needed vocational rehabilitation services.

"Vocational rehabilitation services" means:

(1) Diagnostic and related services (including transportation) incidental to the determination of whether an individual is a handicapped individual, and if so, the individual's eligibility for, and the nature and scope of other vocational rehabilitation services to be provided; and

(2) The following services provided to eligible handicapped individuals needing the services:

(A) Training;

(B) Guidance;

(C) Placement;

(D) Maintenance, not exceeding the estimated costs of subsistence during vocational rehabilitation;

(E) Occupational licenses, tools, equipment, initial stocks, and supplies (including equipment and initial stocks and supplies for vending stands), books, and training materials;

(F) Transportation (other than provided as diagnostic and related services);

(G) Physical restoration;

(H) Reader services for the blind;

(I) Interpreter services for the deaf;

(J) Telecommunications, sensory, or other technological aids and devices;

(K) Services to family members;

(L) Post employment services; and

(M) Other goods and services which will benefit an individual's employability.

"Workshop" means a place where any manufacture or handiwork is carried on and which is operated for the primary purpose of providing remunerative employment to severely handicapped individuals who cannot be readily absorbed in the competitive labor market. [L 1955, c 231, pt of §2; RL 1955, §42-31; am L Sp 1959 2d, c 1, §18; am L 1965, c 175, §§3, 40; HRS §348-2; am L 1970, c 105, §5; am L 1979, c 188, §1(2) and c 228, §3; am L 1980, c 116, §1; gen ch 1985; am L 1987, c 339, §4; am L 2016, c 55, §4]
Haw. Rev. Stat. § 356D-157 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-157
[ §356D-157] State rent supplement program for kupuna.
Status: repealed

[ §356D-157] State rent supplement program for kupuna. [Section repealed June 30, 2028. L 2025, c 282, §2.] (a) There is established the state rent supplement program for kupuna to be administered by the authority to provide state rent supplement assistance and other services to qualified kupuna under this section.

(b) The authority shall:

(1) Provide state rent supplement assistance to qualified kupuna;

(2) Provide housing counseling to assist qualified kupuna in obtaining or retaining permanent housing; and

(3) Coordinate with mental health services providers and other supportive services providers to assist qualified kupuna.

(c) The authority may enter into memoranda of agreement with the counties or specialized nonprofit organizations as necessary to implement this section.

(d) The authority, without regard to chapter 91, shall establish rules and any additional qualification standards specifically for recipients of the state rent supplement program for kupuna.

(e) The authority shall submit to the legislature an annual report of its findings and recommendations regarding the state rent supplement program for kupuna, including any proposed legislation, no later than thirty days prior to the convening of each regular session.

(f) As used in this section, "qualified kupuna" means a person who:

(1) Is sixty-two years of age or older;

(2) Is homeless or at imminent risk of becoming homeless; and

(3) Otherwise meets the requirements for a qualified tenant under section 356D-153. [L 2023, c 98, §§3, 6]
Haw. Rev. Stat. § 356D-48 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-48
§§356D-48 and 356D-49 Reserved.
Status: reserved

§§356D-48 and 356D-49 Reserved.
Haw. Rev. Stat. § 352-8.5 — HI Code / Division 1 / Title 20 / Chapter 352 / Section 352-8.5
Reentry plans; notification.
Status: in_force

(a) The director or the director's designee shall develop a comprehensive reentry plan for each person committed to the Hawaii youth correctional facilities who is not serving a concurrent term of probation. The scope of the reentry plan shall address the period of time from admission to the Hawaii youth correctional facilities until parole or final discharge from the department. The reentry plan shall seek to prepare committed persons for transition to the community. The reentry plan required under this section shall be completed within thirty days of a person's commitment to the Hawaii youth correctional facilities and shall include:

(1) Programming, treatment, and service needs identified in the most recently conducted risk and needs assessment;

(2) Individualized goals to guide successful reentry to the community during parole or following final discharge; and

(3) Identification of, and a plan for, coordination with agencies that can provide or contract for existing programs and services relevant or necessary for successful reentry.

(b) The director or the director's designee shall consult with a committed person's parent, legal guardian, or custodian in developing the terms of the reentry plan and provide written copies of the plan to the committed person and the committed person's parent, legal guardian, or custodian. If requested, the director or the director's designee shall provide regular updates on the committed person's progress concerning the reentry plan to the committed person's parent, legal guardian, or custodian.

(c) The director or the director's designee may collaborate with, and provide information to, the probation officer of a person committed to the Hawaii youth correctional facilities who is serving a concurrent term of probation, upon the probation officer's request, for the probation officer to incorporate the reentry plan into the person's case plan required under section 571-48.5 at the probation officer's discretion.

(d) The director or the director's designee shall notify the parent, legal guardian, or custodian, and any relevant agency or service provider that may be involved in the person's transition to the community, at least thirty days prior to discharging a committed person, of the intended discharge of the person.

(e) The director or the director's designee shall review, and update if necessary, reentry plans for each person taken into custody pursuant to section 352-26. [L 2014, c 201, §2]
Haw. Rev. Stat. § 352-26.1 — HI Code / Division 1 / Title 20 / Chapter 352 / Section 352-26.1
Public disclosure of information upon escape.
Status: in_force

The director, with the concurrence of the police, shall publicly disclose the name, the place of residence, a photograph, and the prior adjudications for offenses which, if the person were an adult, would be a felony, of any person who escapes while committed to the youth correctional facility; provided that the crime for which the person was committed involved the use of force or violence or the threat of force or violence, which is punishable as a felony.
Haw. Rev. Stat. § 354D-13 — HI Code / Division 1 / Title 20 / Chapter 354D / Section 354D-13
Venture agreements.
Status: in_force

(a) The department, working through the correctional industries program, may enter into venture agreements with private persons for the utilization of qualified, able-bodied inmate labor in the manufacture, processing, or assembly of components, finished goods, services, or product lines within facilities owned or leased by the department, or at other sites approved by the director. The department may enter into agreements allowing for shared financing by the administrator and the private contractor for the facility, equipment, raw materials, and operation of industries developed pursuant to this section. The agreements shall be subject to review as to form by the attorney general and by the advisory committee.

(b) Qualified, able-bodied inmates producing goods and services under the terms of an agreement authorized by this section shall be paid on a scale to be determined by the director. These payments shall be distributed to offset the cost of imprisonment, incidental expenses, restitution, child support, and to establish funds in trust for the qualified able-bodied inmate upon release in conformance with section 354D - 12.

(c) The correctional industries program may market goods and services produced under a venture agreement to both the public and private sectors. [L 1990, c 341, pt of §1; am L 1991, c 256, §6; am L 1992, c 36, §2]
Haw. Rev. Stat. § 346-9 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-9
Workshop program.
Status: in_force

(a) All moneys to fund workshop or home labor activities for welfare recipients or other persons who, in the opinion of the department, would benefit from the experience, and all moneys for the purchase of materials, machinery, and other facilities and for the erection, operation, and conduct of the workshops, and for the payment of compensation, as the department may authorize, shall be allocated by the legislature through appropriations out of the state general fund.

(b) The department shall include in its budgetary request for each upcoming fiscal period, the amounts necessary to effectuate the purposes of this section.

(c) All moneys received from other funding sources, including federal sources and all moneys derived from the sale of products of the workshops or home labor shall be deposited to the credit of the state general fund. [L 1941, c 296, pt of §1; RL 1945, §4824; RL 1955, §108-4; am L 1959, c 246, §18; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; HRS §346-9; am L 1970, c 105, §5; am L 1987, c 339, §4; am L 1993, c 280, §40]
Haw. Rev. Stat. § 346-17.2 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-17.2
[ §346-17.
Status: in_force

[ §346-17.2] Health assessment. The department shall ensure the provision of a comprehensive health assessment for each child in out-of-home placement forty-five days before or after an initial placement.
Haw. Rev. Stat. § 356D-27 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-27
Arbitrage provisions; interest rate.
Status: in_force

(a) Notwithstanding any other law to the contrary, neither the authority nor the director of finance shall make loans or purchase mortgages with the proceeds of general obligation bonds of the State or from a revolving fund established or maintained from the proceeds of bonds, at a rate of interest or upon terms and conditions that would cause any general obligation bond of the State or any bond to be an "arbitrage bond" within the meaning of that term as defined in the Internal Revenue Code of 1986, as amended, and the regulations of the Internal Revenue Service adopted pursuant thereto.

(b) The rate of interest on loans made under this chapter from the proceeds of general obligation bonds of the State shall be established by the authority, with the approval of the director of finance, after each sale of general obligation bonds of the State, the proceeds of which are to be used for the purposes of making loans or purchasing mortgages under this chapter. If no sale of general obligation bonds of the State intervenes in a twelve-month period after the last rate fixing, the authority may review the then existing rates on loans or mortgages made under this chapter from the proceeds of general obligation bonds of the State and retain the existing rate or, with the approval of the director of finance, establish different rates.

(c) The director of finance shall approve those rates so as to produce up to, but not in excess of, the maximum yield to the State or the authority permitted under the Internal Revenue Code of 1986, as amended, and the regulations of the Internal Revenue Service adopted pursuant thereto, on the assumption that the general obligation bonds of the State, the proceeds of which have been or are to be used for the purposes of making loans or purchasing mortgages under this chapter, would otherwise be "arbitrage bonds" under the Internal Revenue Code of 1986, as amended, and the regulations of the Internal Revenue Service adopted pursuant thereto, were the maximum yield to be exceeded. The establishment of the rates of interest shall be exempt from chapter 91. [L 2006, c 180, pt of §2]
Haw. Rev. Stat. § 346-240 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-240
Adjudicatory hearing.
Status: in_force

(a) When a petition has been filed, the court shall set a return date hearing to be held within thirty days of the filing of the petition. On the return date, the parties personally or through counsel may stipulate to the entry or continuance of the orders as the court deems to be in the best interests of the vulnerable adult, and the court shall set the case for an adjudicatory hearing as soon as is practical.

(b) In an adjudicatory hearing, the court shall determine whether the person is a vulnerable adult, and whether the vulnerable adult has incurred abuse or is in danger of abuse if immediate action is not taken, based upon a preponderance of the evidence. Evidence that is contained in a written report, study, or examination shall be admissible; provided that the maker of the written report, study, or examination be subject to direct and cross-examination upon demand when the maker is reasonably available. A social worker employed by the department in the area of adult protective services shall be presumed to be qualified to testify as an expert in the field of protective services.

(c) If facts sufficient to sustain the petition are established in court, or are stipulated to by all parties, the court shall enter an order finding that the vulnerable adult has incurred abuse or is in danger of abuse if immediate action is not taken and shall state the grounds for the finding. The court shall also make a finding concerning the capacity of the vulnerable adult to effectively make decisions concerning personal needs or property. If the capacity of the vulnerable adult is at issue, the court shall require that the vulnerable adult be examined by a psychiatrist or other physician who is skilled in evaluating the particular area in which the vulnerable adult is alleged to lack capacity before making any finding that the vulnerable adult lacks capacity. If there is no finding that the vulnerable adult lacks capacity to make decisions regarding personal needs or property and if the vulnerable adult does not give consent, the court shall not have authority to proceed further and the court shall dismiss the case.

(d) Upon the completion of the adjudicatory hearing, the disposition hearing may commence immediately after the required findings are made, provided the requirements of section 346-241(a) have been met, or the court may set the disposition hearing for such time as it deems appropriate.

(e) If facts sufficient to sustain the petition under this part are not established, the court shall dismiss the petition and shall state the grounds for dismissal.

(f) If the court sustains the petition and does not commence immediately to the disposition hearing, it shall determine, based upon the facts adduced during the adjudicatory hearing and any additional facts presented to it, whether any temporary orders should be issued pending final disposition. [L 1989, c 381, pt of §1; am L 1990, c 144, §1 and c 234, §9; am L 2008, c 154, §21]
Haw. Rev. Stat. § 353-72 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-72
Pardons; reference to paroling authority.
Status: in_force

The director of corrections and rehabilitation and the Hawaii paroling authority shall consider every application for pardon which may be referred to them by the governor and shall furnish the governor, as soon as may be after such reference, all information possible concerning the prisoner, together with a recommendation as to the granting or refusing of the pardon.
Haw. Rev. Stat. § 351-32 — HI Code / Division 1 / Title 20 / Chapter 351 / Section 351-32
Violent crimes.
Status: in_force

The crimes to which part III of this chapter applies are the following and no other:

(1) Murder in the first degree (section 707-701);

(2) Murder in the second degree (section 707-701.5);

(3) Manslaughter (section 707-702);

(4) Negligent homicide in the first degree (section 707-702.5);

(5) Negligent homicide in the second degree (section 707-703);

(6) Negligent injury in the first degree (section 707-705);

(7) Negligent injury in the second degree (section 707-706);

(8) Assault in the first degree (section 707-710);

(9) Assault in the second degree (section 707-711);

(10) Assault in the third degree (section 707-712);

(11) Kidnapping (section 707-720);

(12) Sexual assault in the first degree (section 707-730);

(13) Sexual assault in the second degree (section 707-731);

(14) Sexual assault in the third degree (section 707-732);

(15) Sexual assault in the fourth degree (section 707-733);

(16) Abuse of family or household members (section 709-906);

(17) Sex trafficking (section 712-1202); and

(18) Terrorism, as defined in title 18 United States Code section 2331. [L 1967, c 226, pt of §1; HRS §351-32; am L 1973, c 85, §1; am L 1975, c 138, §3; am L 1989, c 177, §9; am L 1998, c 239, §3; am L 2016, c 206, §2]
Haw. Rev. Stat. § 346-367 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-367
Determination of eligibility and need.
Status: in_force

(a) The provider agency operating and managing a homeless facility or any other program for the homeless authorized by this part, or the department operating and managing its own homeless facility, shall be responsible for determining if an applicant is eligible for shelter or other services at the homeless facility or through any other program for the homeless, pursuant to standards and criteria established by rule.

(b) The provider agency or the department operating and managing its own homeless facility shall determine the degree of need for each homeless family or individual and, in its determination, shall consider the resources available and the number of potential eligible applicants in the area served by the homeless facility or other program for the homeless authorized by this part.

(c) The department may establish by rule standards and criteria for eligibility, need, and priority for each program; provided that the department may establish by rule exceptions to these eligibility requirements based on special circumstances. [L 2010, c 89, pt of §2]
Haw. Rev. Stat. § 346-404 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-404
Termination of jurisdiction.
Status: in_force

Jurisdiction under this part shall terminate when:

(1) The young adult has reached the age of twenty-one years;

(2) The young adult chooses to terminate the voluntary care agreement and stop receiving extended foster care services if the young adult:

(A) Has voluntarily signed a document attesting to the fact that the young adult no longer consents to the court's jurisdiction;

(B) Has been informed in writing of the effects of terminating voluntary foster care early; and

(C) Has been informed in writing of the option to reestablish jurisdiction before reaching age twenty-one and the procedures to do so; or

(3) After a court finds that:

(A) The young adult no longer meets the eligibility requirements as set forth in section 346-395; or

(B) Despite the fact that the department has made ongoing reasonable efforts to provide the young adult with services, the young adult is in material noncompliance with the case plan. [L 2013, c 252, pt of §2]
Haw. Rev. Stat. § 349-25 — HI Code / Division 1 / Title 20 / Chapter 349 / Section 349-25
Posting and distribution of information.
Status: in_force

(a) The long-term care ombudsman shall provide each long-term care facility with brochures and a poster with information regarding the office of the long-term care ombudsman, including the name, address, and telephone number of the office of the long-term care ombudsman, and a brief description of the services provided by the office of the long-term care ombudsman.

(b) A long-term care facility shall provide each resident of the long-term [care] facility with a copy of the brochure and shall post the poster in a conspicuous location that is accessible to all residents of the long-term care facility. [L 2007, c 93, pt of §2]
Haw. Rev. Stat. § 356D-73 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-73
§§356D-73 to 356D-79 Reserved.
Status: reserved

§§356D-73 to 356D-79 Reserved.
Haw. Rev. Stat. § 353-65.5 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-65.5
Reports to county clerk.
Status: in_force

Whenever the paroling authority grants or revokes parole for any citizen of eighteen years of age or over, the paroling authority, in each case, shall make and promptly transmit to the clerk of the county in which the citizen resides, a certificate showing the fact of the granting or revoking of parole within twenty days after the granting or revoking of parole. The certificate shall include:

(1) The name, date of birth, and social security number of the citizen and any known aliases;

(2) The citizen's address or last known address; and

(3) The date of the grant or revocation of parole. [L 2006, c 253, §1]
Haw. Rev. Stat. § 353-136 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-136
Automated victim information and notification system special fund; authorization of payment.
Status: in_force

(a) There is established a special fund to be known as the automated victim information and notification system special fund, to be administered by the department. Interest and investment earnings credited to the assets of the fund shall become part of the fund. Any remaining balance in the fund at the end of any fiscal year shall be carried over to the next fiscal year.

(b) Any item purchased by an in-state or out-of-state inmate from a correctional facility commissary shall be subject to a four per cent surcharge on the item's price. The proceeds from the surcharge shall be deposited into the automated victim information and notification system special fund.

(c) All proceeds or revenues that are derived from any commission that is realized pursuant to a telephone service agreement executed by the department for the provision of telephone services for inmates shall be deposited into the automated victim information and notification system special fund.

(d) Moneys received pursuant to subsections (b) and (c) shall be used for the development and operating expenses, including salaries and benefits of positions as authorized by the legislature, of the system.

(e) The sum total of all moneys expended for development and operating expenses, including salaries and benefits of positions as authorized by the legislature, shall not exceed the special fund ceiling related to the fund established by the legislature; provided that the total moneys expended for these purposes shall not exceed $600,000 in any one fiscal year.

(f) Federal funds shall not be transferred to, or deposited into, the automated victim information and notification system special fund. [L 2012, c 190, pt of §1]
Haw. Rev. Stat. § 347-5 — HI Code / Division 1 / Title 20 / Chapter 347 / Section 347-5
Obtaining federal benefits.
Status: in_force

The department of human services may, as the agency of the State for the assistance of blind or visually handicapped persons, do all things which will enable the State and the blind and the visually handicapped in the State to have the benefits of all federal laws for the benefit of blind and visually handicapped persons.
Haw. Rev. Stat. § 353H-6 — HI Code / Division 1 / Title 20 / Chapter 353H / Section 353H-6
Employment of ex-offenders.
Status: in_force

(a) The director of labor and industrial relations shall take the necessary steps to ensure offenders and ex-offenders are included and involved in utilizing state and private resources for employment and training opportunities as well as life skills and educational opportunities.

(b) The department of corrections and rehabilitation, with the assistance of the department of taxation and the department of labor and industrial relations, shall develop and propose for legislative consideration, tax incentives for employers who hire individuals who were formerly incarcerated. [L Sp 2007, c 8, pt of §2 ; am L 2022, c 278, §29]
Haw. Rev. Stat. § 351-66 — HI Code / Division 1 / Title 20 / Chapter 351 / Section 351-66
Exemption from execution.
Status: in_force

No compensation payable under this chapter shall, prior to actual receipt thereof by the person or beneficiary entitled thereto, or their legal representatives, be assignable or subject to execution, garnishment, attachment, or other process whatsoever, including process to satisfy an order or judgment for support or alimony.
Haw. Rev. Stat. § 356D-155 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-155
Determination of eligibility of tenants and rental charges.
Status: in_force

(a) For purposes of carrying out this part, the authority shall establish criteria and procedures for determining the eligibility of tenants and rental charges, including criteria and procedures with respect to periodic review of the tenant's income and periodic adjustment of rental charges. The authority shall issue, upon the request of a housing owner, certificates as to the income of the individuals and families applying for admission to, or residing in, dwellings of that owner.

(b) Procedures adopted by the authority hereunder shall provide for recertification of the incomes of tenants, except elders, at intervals of two years, or at shorter intervals, for the purpose of adjusting rental charges and annual payments on the basis of tenants' incomes, but in no event shall rental charges adjusted under this part for any dwelling exceed the fair market rental of the dwelling.

(c) No payments under this part may be made with respect to any property for which the costs of operation, including wages and salaries, are determined by the authority to be greater than similar costs of operation of similar housing in the community where the property is situated. [L 2006, c 180, pt of §2]
Haw. Rev. Stat. § 346-245 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-245
Hearings.
Status: in_force

The protective proceedings shall be heard without a jury. The hearing may be adjourned from time to time. The general public shall be excluded, and only such persons as are found by the court to have a direct interest in the case shall be admitted.
Haw. Rev. Stat. § 348F-7 — HI Code / Division 1 / Title 20 / Chapter 348F / Section 348F-7
Disability and communication access board special fund.
Status: in_force

(a) There is established the disability and communication access board special fund to be administered by the disability and communication access board. All moneys received by the disability and communication access board shall be deposited into the special fund. All interest earned or accrued on moneys deposited into this special fund shall become part of the special fund.

(b) Moneys in the disability and communication access board special fund shall be expended to defray costs of administering this chapter.

(c) All moneys collected as application fees or fees for continuing education units for credentialing of interpreters shall be deposited into the disability and communication access board special fund. [L 2001, c 192, pt of §2; am L 2012, c 272, §1]
Haw. Rev. Stat. § 353D-4 — HI Code / Division 1 / Title 20 / Chapter 353D / Section 353D-4
Advisory council.
Status: in_force

There is established within the department for administrative purposes an offender family service center program advisory council. The council shall consist of seven members, of whom two shall be offender family members. The members of the council shall be appointed by the director of corrections and rehabilitation in consultation with private secular and religious organizations. The council may review and make recommendations to the director to improve the services rendered by the center.
Haw. Rev. Stat. § 356D-15 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-15
Eminent domain, exchange, or use of public property.
Status: in_force

(a) The authority may acquire any real property, including fixtures and improvements, or interest therein, through:

(1) Voluntary negotiation;

(2) Exchange of land in accordance with section 171-50, provided that the public land to be exchanged need not be of like use to that of the private land; or

(3) By the exercise of the power of eminent domain which it deems necessary by the adoption of a resolution declaring that the acquisition of the property described therein is in the public interest and required for public use.

The authority shall exercise the power of eminent domain granted by this section in the same manner and procedure as is provided by chapter 101, and otherwise in accordance with all applicable provisions of the general laws of the State; provided that condemnation of parcels greater than fifteen acres shall be subject to legislative disapproval expressed in a concurrent resolution adopted by majority vote of the senate and the house of representatives in the first regular or special session following the date of condemnation.

(b) The authority may acquire by the exercise of the power of eminent domain property already devoted to a public use; provided that no property belonging to any government may be acquired without its consent, and that no property belonging to a public utility may be acquired without the approval of the public utilities commission; and provided further that the acquisition is subject to legislative disapproval expressed in a concurrent resolution adopted by majority vote of the senate and the house of representatives in the first regular or special session following the date of condemnation. [L 2006, c 180, pt of §2]
Haw. Rev. Stat. § 353G-7 — HI Code / Division 1 / Title 20 / Chapter 353G / Section 353G-7
Conditions of parole or other release from a correctional center or facility.
Status: in_force

(a) If an inmate ordered pursuant to this chapter to participate in a treatment program is granted parole or other release from a correctional center or facility, the inmate shall agree as a condition of parole or other release to the following terms:

(1) Submit to subsequent unannounced, random, periodic drug tests to be performed by the agency responsible for monitoring the inmate's compliance with the terms and conditions of parole or other release from a correctional center or facility;

(2) Undergo an assessment as required by section 353G - 4 and cooperate fully with the assessment program;

(3) Participate in a treatment program and cooperate fully with the treatment program;

(4) Fulfill satisfactorily any other terms and conditions ordered by the agency responsible for monitoring the inmate's compliance with the terms and conditions of parole or other release from a correctional center or facility, including but not limited to:

(A) Periodic telephone contact or office visits to a designated person or agency;

(B) Periodic unannounced visits by a designated person or agency to the inmate's home or place of commitment;

(C) Curfew or restricted travel and associations; and

(D) Electronic monitoring[;]

(5) Cooperate fully with the agency responsible for monitoring the inmate's compliance with the terms and conditions of parole or other release from a correctional center or facility; and

(6) Pay drug testing and assessment fees in accordance with section 353G - 10.

(b) The inmate shall acknowledge, as a condition of parole or other release from a correctional center or facility, that failure to comply with the terms set forth in subsection (a) may result in the modification of the conditions of parole or other release by the agency responsible for monitoring the inmate's compliance.

(c) Nothing in this chapter shall preclude a person from petitioning the agency responsible for monitoring the person's compliance with the terms and conditions of parole or other release from a correctional center or facility to modify the terms and conditions of the person's parole or other release. [L 1998, c 152, pt of §2]
Haw. Rev. Stat. § 356D-154 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-154
Relationship of annual payment to rental and income.
Status: in_force

The amount of the annual payment with respect to any dwelling unit shall not exceed the amount by which the fair market rental for that unit exceeds thirty per cent of the tenant's income as determined by the authority pursuant to procedures and rules pursuant to chapter 91.
Haw. Rev. Stat. § 346-43.5 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-43.5
Medical assistance fraud; penalties.
Status: in_force

(a) A person commits the offense of medical assistance fraud if:

(1) The person knowingly makes or causes to be made to the medical assistance program any false statement or representation of a material fact in any application for any benefit or payment for furnishing services or supplies, or for the purpose of obtaining greater compensation than that to which the person is legally entitled, or for the purpose of obtaining authorization for furnishing services or supplies; or

(2) The person knowingly makes or causes to be made any false statement or representation of a material fact in any application for any medical assistance benefit or renewal of any medical assistance benefit, or in any statement, document, or record, in written, printed, or electronic form, in support of, or connected with, that application for or renewal of medical assistance benefits.

(b) A person convicted under subsection (a)(2) shall pay restitution equivalent to the amount of medical assistance benefits paid by the State on behalf of that person.

(c) For purposes of this section, the term " medical assistance benefit " means health care coverage or services, including medical, behavioral health, dental, or long-term care services, provided to or paid for on behalf of a person by the State, regardless of source of funding. Payment for medical assistance benefits may be made through capitated payments, insurance premiums, copayments, any payments made by the State to that person's health care providers, and any other payments made by the State on behalf of the person for health care coverage or services.

(d) The offense of medical assistance fraud is a class C felony.

(e) The remedies provided under this section are not exclusive and shall not preclude the use of any other criminal or civil remedy. [L 1980, c 210, §1; am L 2016, c 94, §1]
Haw. Rev. Stat. § 346-157 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-157
Liability insurance coverage; requirement.
Status: in_force

(a) For the purpose of this section, "liability insurance coverage" means a general casualty insurance policy issued to a provider insuring against legal liability for injury resulting from negligence to a child during the time the child is under the care of the child care provider.

(b) The department shall require all providers to obtain and maintain liability insurance coverage as a condition of licensure, temporary permission, or registration to operate a child care facility.

(c) The department, as a condition of continued licensure, temporary permission, or registration, shall require all providers to disclose in writing to each parent or guardian, within seven working days of any change, cancellation, or termination of liability insurance coverage, that the coverage has been changed, canceled, or terminated while the parent's or guardian's child is cared for at the provider's facility.

(d) The department may suspend or revoke a license, temporary permit, or certificate of registration of a provider in accordance with section 346-164 or 346-175, if:

(1) The provider or any employee of the provider knowingly makes a false statement to any person concerning the provider's liability insurance coverage; or

(2) The provider does not comply with the insurance coverage and disclosure requirements of this section and rules adopted by the department pursuant to this section.

(e) Proof of liability insurance coverage as required by this section shall be verified by the department on an annual basis. [L 1986, c 298, §1; am L 2017, c 161, §2; am L 2018, c 126, §2]
Haw. Rev. Stat. § 346-251 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-251
Presumption of capacity.
Status: in_force

An individual shall be presumed capable of making decisions concerning the individual's person. A determination that an individual lacks capacity under this part shall not be construed as a finding that the individual lacks capacity for any other purpose.
Haw. Rev. Stat. § 346-5 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-5
Reports.
Status: in_force

The director of human services shall file with the governor a written report or reports at such times, at least once in each year, and in such form as shall be requested by the governor covering the condition and activities of the department of human services and of each division thereof.
Haw. Rev. Stat. § 353G-17 — HI Code / Division 1 / Title 20 / Chapter 353G / Section 353G-17
Immunity from liability.
Status: in_force

(a) Any accredited assessment program or treatment program or substance abuse professional certified pursuant to section 321-193 that, in good faith, provides services pursuant to this chapter shall not be liable in any civil action for damages as a result of any acts or omissions in providing assessment services or treatment services; provided the skill and care given is that ordinarily required and exercised by other persons in the profession. The grant of immunity provided for in this subsection also shall extend to all employees and administrative personnel of the accredited program.

(b) Any qualified person who withdraws or otherwise obtains, in a medically accepted manner, a specimen of breath, blood, urine, or other bodily substance pursuant to this chapter shall not be liable in any civil action for damages for so acting; provided that the skill and care exercised is that ordinarily required and exercised by similar programs or other persons in the profession. [L 1998, c 152, pt of §2]
Haw. Rev. Stat. § 346-53.65 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-53.65
Appeal.
Status: in_force

A federally qualified health center or rural health clinic may appeal a decision made by the department if the medicaid impact is $10,000 or more, whereupon the opportunity for an administrative hearing under chapter 91 shall be afforded. Any federally qualified health center or rural health clinic aggrieved by the final decision and order shall be entitled to judicial review in accordance with chapter 92 or may submit the matter to binding arbitration pursuant to chapter 658A. [L Sp 2008, c 8, pt of §2]
Haw. Rev. Stat. § 346-436 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-436
[ §346-436] State of well-being project; established.
Status: in_force

[ §346-436] State of well-being project; established. (a) There is established within the office the state of well-being project to assess and enhance tier 1 and tier 2 mental health support services for key stakeholder communities across the State. The project shall:

(1) Assess and enhance existing tier 1 and tier 2 mental health support training and ongoing support services to public schools, public community centers, first responder groups, police departments, fire departments, hospitals, and medical staff and, when non-existent, build out culturally grounded and community-informed well-being programming;

(2) Track and measure aggregate mental health trends across all populations served by the project; and

(3) Hire and train mental health specialists and work with approved partner organizations identified by the office to lead project execution across tier 1 and tier 2 mental health support services in each key stakeholder community.

(b) The office shall administer the state of well-being project in accordance with the following timeline:

(1) Beginning in 2024, initiate a landscape assessment of existing tier 1 and tier 2 mental health support services by December 31, 2025; and

(2) Beginning in 2025, initiate the enhancement of existing tier 1 and tier 2 mental health support services and, when non-existent, build out culturally grounded and community-informed well-being programming, with statewide implementation to be achieved by December 31, 2027.

(c) For the purposes of this section:

"Tier 1 mental health support" means well-being service provisions that are aimed at the entire system and population within an organization.

"Tier 2 mental health support" means well-being service provisions that are aimed at populations within an organization that are at higher risk of mental health challenges. [L 2024, c 106, §3]
Haw. Rev. Stat. § 356D-11.2 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-11.2
Ceded lands; vacancy; development.
Status: in_force

No housing projects developed or constructed pursuant to this part shall be developed or constructed on ceded land that is vacant on or after January 1, 2022.
Haw. Rev. Stat. § 368-16 — HI Code / Division 1 / Title 20 / Chapter 368 / Section 368-16
Appeals; de novo review; procedure.
Status: in_force

(a) A complainant and a respondent shall have a right of appeal from a final order of the commission, including cease and desist orders and refusals to issue charges in the circuit court for the circuit in which the alleged violation occurred or where the person against whom the complaint is filed, resides, or has the person's principal place of business. An appeal before the circuit court shall be reviewed de novo. If an appeal is not taken within thirty days after the service of an appealable order of the commission, the commission may obtain an order for the enforcement of the order from the circuit court that has jurisdiction of the appeal.

(b) Where a respondent petitions for an appeal to the circuit court, the commission shall be a party to any proceeding as the appellee. The complainant shall have the right to intervene.

(c) A proceeding for review or enforcement of an appealable order is initiated by filing a petition in the circuit court. Copies of the petition shall be served upon the parties of record. Within thirty days after the service of the petition upon the commission or filing of the petition by the commission, or within further time as the court may allow, the commission shall transmit to the court the original or a certified copy of the entire record upon which the order is based, including a transcript of the testimony, which need not be printed. By stipulation of the parties to the review proceeding, the record may be shortened. The court may grant temporary relief as it considers just, or enter an order enforcing, modifying and enforcing as modified, or setting aside in whole or in part the order of the commission, or may remand the case to the commission for further proceedings. The commission's copy of the testimony shall be available at reasonable times to all parties for examination without cost.

(d) The final judgment or decree of the circuit court shall be subject to review by appeal in the same manner and form as other appeals from that court.

(e) A proceeding under this section shall be initiated not more than thirty days after a copy of the order of the commission is received, unless the commission is the petitioner or the petition is filed under subsection (d). If a proceeding is not so initiated, the commission may obtain a court order for enforcement of its order upon showing that a copy of the petition for enforcement was served on the respondent, that the respondent is subject to the jurisdiction of the court, that the order sought to be enforced is an order of the commission, regularly entered, and that the commission has jurisdiction over the subject matter and the respondent. [L 1989, c 386, pt of §1]
Haw. Rev. Stat. § 353-63.5 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-63.5
Intermediate sanctions; eligibility; criteria and conditions.
Status: in_force

(a) The Hawaii paroling authority shall implement alternative programs that place, control, supervise, and treat selected parolees in lieu of incarceration.

(b) The authority may impose participation in alternative programs as a condition of parole or as an amended condition of parole.

(c) As used in this section, "alternative programs" mean programs which, from time to time, are created and funded by legislative appropriation or federal grant naming the Hawaii paroling authority or the department of corrections and rehabilitation on behalf of the Hawaii paroling authority as the expending agency and which are intended to provide an alternative to incarceration. Alternative programs may include:

(1) Home detention, curfew using electronic monitoring and surveillance, or both;

(2) Intensive supervision, residential supervision, work-furlough, and structured educational or vocational programs;

(3) Therapeutic residential and nonresidential programs; and

(4) Similar programs created and designated as alternative programs by the legislature, the chairperson of the Hawaii paroling authority, or the director of corrections and rehabilitation for parolees who do not pose significant risks to the community. [L Sp 1995, c 25, §3; am L 2022, c 278, §29]
Haw. Rev. Stat. § 353-137 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-137
Automated victim information and notification system governance committee.
Status: in_force

(a) There is established within the department of corrections and rehabilitation, an automated victim information and notification system governance committee. The members of the governance committee shall be appointed by the director of corrections and rehabilitation from a list submitted by the governance committee; provided that the initial members of the committee shall be selected by the director from a list of members provided by the statewide automated victim information and notification governance committee currently serving in that capacity under a grant from the federal Bureau of Justice Assistance establishing the victim notification system.

(b) The terms of the members shall be for four years and shall commence on July 1 and expire on June 30; provided that the governance committee may elect to reduce the terms of those initially appointed so as to provide, as nearly as can be, for the expiration of an equal number of terms at intervals of one year. No person shall be appointed consecutively to more than two terms on the governance committee; provided that membership shall not exceed eight consecutive years. Any member whose term has expired and who is not disqualified for membership under this subsection may continue in office as a holdover member until a successor is nominated and appointed; provided that a holdover member shall not hold office beyond the end of the second regular legislative session following the expiration of the member's term of office.

(c) A vacancy occurring in the membership of the governance committee during a term shall be filled for the unexpired term thereof as provided in subsection (a). The director of corrections and rehabilitation may remove or suspend for cause any member after due notice and public hearing.

(d) The governance committee members shall include:

(1) A victim;

(2) One representative from a victim assistance program in each county;

(3) One representative from the police department of each county; and

(4) One representative from each of the following:

(A) Mothers Against Drunk Driving shall be requested to serve;

(B) The Hawaii State Coalition Against Domestic Violence shall be requested to serve;

(C) Sex Abuse Treatment Center shall be requested to serve;

(D) Crime victim compensation commission;

(E) The Hawaii paroling authority;

(F) The judiciary;

(G) The crime prevention and justice assistance division of the department of the attorney general; and

(H) The information technology section of the department.

The committee members shall elect a member who shall serve as the chairperson.

(e) The governance committee may advise the department on the following issues:

(1) The implementation and operation of the system;

(2) The establishment of performance measures;

(3) Specifications and configuration parameters for the operation of the system;

(4) Management of the system; and

(5) Policies and procedures governing the use of the system, including policies to safeguard the safety, confidentiality, and autonomy of victims.

(f) Meetings of the governance committee shall be held on a quarterly basis during the system's first year of implementation and no less than twice a year thereafter.

(g) The members of the governance committee shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.

(h) Members of the governance committee acting in good faith and within the scope of their duties under this chapter shall be immune from any civil or criminal liability arising from these acts, except where the member's conduct would constitute gross negligence, wilful and wanton misconduct, or intentional misconduct. [L 2012, c 190, pt of §1; am L 2022, c 278, §29]
Haw. Rev. Stat. § 346D-4 — HI Code / Division 1 / Title 20 / Chapter 346D / Section 346D-4
Provision of services.
Status: in_force

(a) Services that maximize the individual's independence shall be provided in the individual's home, the home of a responsible relative or other adult, or a residential alternative setting.

(b) The program shall provide the services in the most economic manner feasible that is compatible with preserving quality of care through:

(1) Informal care providers, such as family members, friends, or neighbors who regularly provide specific services without remuneration and not as a part of any organized volunteer activity;

(2) Individual providers hired and directed by the waiver program individual to provide specific approved services;

(3) Contracts with agency providers, such as home care agencies and public or private health and social service organizations;

(4) Contracts with individual providers, such as counselors, nurses, therapists, and residential alternative program operators who provide services for the waiver program; and

(5) Program personnel, such as social workers and nurses who are hired by the waiver program to provide specific services.

(c) The department of human services shall:

(1) Practice employment first principles, as described in section 78-66, with respect to waiver program personnel; and

(2) Ensure that contracted agency providers that provide services for the waiver program follow employment first principles, as described in section 78-66. [L 1983, c 192, §5; am L 1985, c 207, pt of §1; am L 1987, c 134, pt of §1; am L 1988, c 208, pt of §3; am L 1998, c 294, §5; am L 2022, c 308, §2]
Haw. Rev. Stat. § 356D-96 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-96
Judicial review.
Status: in_force

(a) Any person aggrieved by a final decision and order of the authority or by a preliminary ruling of the nature that deferral of review pending entry of a subsequent final decision would deprive the appellant of adequate relief is entitled to judicial review thereof under this part.

(b) Except as otherwise provided in this section, proceedings for review shall be instituted in the circuit court within thirty days after the preliminary ruling or within thirty days after service of the certified copy of the final decision and order of the authority pursuant to the rules of court, except where a statute provides for a direct appeal to the intermediate appellate court. In such cases, the appeal shall be treated in the same manner as an appeal from the circuit court, including payment of the fee prescribed by section 607‑5 for filing the notice of appeal. The court in its discretion may permit other interested persons to intervene.

(c) The proceedings for review shall not stay enforcement of the decision of the authority; provided that the authority or the reviewing court may order a stay upon such terms as it deems proper.

(d) Within twenty days after the determination of the contents of the record on appeal in the manner provided by the rules of court, or within such further time as the court may allow, the authority shall transmit to the reviewing court the record of the proceeding under review. The court may require or permit subsequent corrections or additions to the record when deemed desirable.

(e) If, before the date set for hearing, application is made to the court for leave to present additional evidence and the evidence is material and good cause exists for the failure to present the evidence in the proceeding before the authority, the court may order the authority to hear the evidence upon the conditions as the court deems proper. The authority may modify its findings, decision, and order by reason of the additional evidence and shall file with the reviewing court, to become a part of the record, the additional evidence, together with any modification of its findings or decision.

(f) The review shall be conducted by the court without a jury and shall be confined to the record. In cases of alleged irregularities in procedure before the authority and not shown in the record, testimony thereon may be taken in court. The court, upon request by any party, may hear oral argument and receive written briefs.

(g) Upon review of the record, the court may affirm the decision of the authority or remand the case with instructions for further proceedings, or it may reverse or modify the decision and order if the substantial rights of the petitioners may have been prejudiced because the administrative findings, conclusions, decisions, or orders are:

(1) In violation of constitutional or statutory provisions;

(2) In excess of the statutory authority or jurisdiction of the authority;

(3) Made upon unlawful procedure;

(4) Affected by other error of law;

(5) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or

(6) Arbitrary, capricious, or characterized by abuse of discretion or clearly unwarranted exercise of discretion. [L 2006, c 180, pt of §2]
Haw. Rev. Stat. § 353B-4 — HI Code / Division 1 / Title 20 / Chapter 353B / Section 353B-4
Expenditures.
Status: in_force

Expenditures by the council, including the amounts fixed annually as the equal contribution of each member to the compact, shall be made upon warrants issued by the state comptroller based upon vouchers approved by any one of the commissioners.
Haw. Rev. Stat. § 356D-105 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-105
Garbage and trash disposal.
Status: in_force

Every county that maintains or operates any garbage or trash collection and disposal service shall collect, free of charge, and dispose of garbage and trash at and from any public housing project or complex located within the county, which is owned, operated, or administered by the authority. Upon request of the authority, each county shall allow the authority to establish, maintain, or operate its own garbage and trash collection and disposal service for any or all public housing projects or complexes located within the county, and in regard to the service, shall allow the authority to use, free of charge, all incinerators, garbage dumps, and other facilities that the county may own, control, or operate.

Nothing in this section shall prohibit or prevent the authority from paying, and any county from receiving, any sum or sums that the authority in its discretion may agree to pay as reasonable compensation for the services or facilities provided by any county pursuant to this section. [L 2006, c 180, pt of §2]
Haw. Rev. Stat. § 352-22 — HI Code / Division 1 / Title 20 / Chapter 352 / Section 352-22
Periodic reexamination of status of persons committed to the department.
Status: in_force

The director shall cause to be made periodic reexamination of the status of each person who is committed to the department and who has not been finally discharged from such commitment, which shall:

(1) Include a study of all pertinent circumstances of such person's personal and family situation and an evaluation of the progress made by such person since the previous study;

(2) Be made for the purpose of ascertaining all relevant facts necessary to determine whether existing decisions, orders, and dispositions with respect to such persons should be modified or continued in force; and

(3) Be conducted as frequently as the department deems necessary but in any event, at intervals not to exceed six months with respect to each such person. [L 1980, c 303, pt of §8(1)]
Haw. Rev. Stat. § 350C-3 — HI Code / Division 1 / Title 20 / Chapter 350C / Section 350C-3
Compacts authorized.
Status: in_force

The department is authorized to develop and participate in the development of, negotiate, and enter into one or more interstate compacts on behalf of the State. A compact entered into pursuant to this chapter shall have the force and effect of law.
Haw. Rev. Stat. § 367D-7 — HI Code / Division 1 / Title 20 / Chapter 367D / Section 367D-7
Model programs; office of youth services.
Status: in_force

Subject to funding by the legislature, the director of the office of youth services shall foster a gender-responsive environment by providing model gender-responsive programs for female adjudicated youth that are responsive to statewide needs and geographical areas and shall award contracts for the programs. The gender-responsive environment and programs shall:

(1) Respond in a rehabilitative way to the type of offenses female adjudicated youth generally commit and address pathways to crime;

(2) Respond to the problems of female adjudicated youth with dependent children;

(3) Respond to the importance of developing self-determination through education; employment training; special education to the learning disabled; and social, cognitive, communication, and life skills training;

(4) Assist female adjudicated youth in overcoming their own extreme degree of dependency by developing and fostering strong and healthy relationships without losing self-esteem;

(5) Respond appropriately to the specific health care needs of girls and women, including but not limited to mental health and substance abuse services;

(6) Offer transitional support for female adjudicated youth and their families to promote successful reentry into their families, schools, and communities; and

(7) Offer technical assistance and training toward the implementation of other similar programs. [L 2006, c 258, pt of §2]
Haw. Rev. Stat. § 349-23 — HI Code / Division 1 / Title 20 / Chapter 349 / Section 349-23
Retaliatory acts by facilities or facility employees prohibited.
Status: in_force

(a) No resident of a long-term care facility seeking advocacy assistance as provided for in section [349-21] or making a complaint concerning a long-term care facility or any of its employees shall be subject to any retaliatory act by the long-term care facility or any of its employees for seeking advocacy assistance or making a complaint.

(b) No person seeking advocacy assistance as provided for in section [349-21] or making a complaint concerning a long-term care facility or any of its employees on behalf of a resident of a long-term care facility shall be subject to any retaliatory act by the long-term care facility or any of its employees for seeking advocacy assistance or making a complaint.

(c) For the purposes of this section, the term "retaliatory act" includes actual or threatened physical injury, psychological abuse or neglect, sexual abuse, negligent treatment, maltreatment, or any form of discrimination as reprisal for seeking advocacy assistance or making a complaint.

(d) A violation of this section shall be reported by the long-term care ombudsman to the appropriate police department or prosecuting attorney.

(e) Any long-term care facility or long-term care facility employee who violates this section shall be guilty of a misdemeanor. Each separate retaliatory act and each day during which any retaliatory act continues shall constitute a separate offense. [L 1979, c 206, §2(3); am L 1982, c 104, §1; am L 2007, c 93, §7]
Haw. Rev. Stat. § 346-237 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-237
Notice of proceedings.
Status: in_force

(a) After a petition has been filed, the matter shall be set for hearing and a notice of hearing shall be issued to all parties to the proceeding. The parties to the proceeding shall include:

(1) The vulnerable adult;

(2) Any caregiver of the vulnerable adult;

(3) A representative of the facility in which the vulnerable adult resides or is a patient;

(4) The spouse and adult children of the vulnerable adult;

(5) The parents of the vulnerable adult, unless waived by the court for good cause;

(6) Any guardian or conservator who may have been appointed; and

(7) Any other person or entity affected by the order for immediate protection.

(b) Where the name or whereabouts of a potential party is unknown, the court may require the petitioner to set forth the reasonable efforts the petitioner made to ascertain the party's name or whereabouts and why the petitioner has been unable to determine those facts. [L 1989, c 381, pt of §1; am L 1990, c 144, §1 and c 234, §7; am L 2004, c 161, §10; am L 2008, c 154, §18]
Haw. Rev. Stat. § 351-86 — HI Code / Division 1 / Title 20 / Chapter 351 / Section 351-86
Money deposited not subject to execution, levy, attachment, or lien.
Status: in_force

All moneys received by the commission pursuant to this part shall not be subject to execution, levy, attachment, or lien of any kind.
Haw. Rev. Stat. § 353B-3 — HI Code / Division 1 / Title 20 / Chapter 353B / Section 353B-3
State council for interstate adult offender supervision.
Status: in_force

(a) There is established the state council for interstate adult offender supervision, which shall be placed administratively in the judiciary. The council shall be composed of nine members to be appointed as follows:

(1) One member of the house of representatives appointed by the speaker of the house of representatives;

(2) One member of the senate appointed by the senate president;

(3) One member of the judiciary appointed by the chief justice of the supreme court;

(4) The director of corrections and rehabilitation, or the director's designee;

(5) One member from the general public representing victims groups appointed by the governor;

(6) The prosecuting attorney of the city and county of Honolulu, or the prosecuting attorney's designee;

(7) The attorney general, or the attorney general's designee;

(8) The state public defender, or the state public defender's designee; and

(9) The compact administrator, appointed by the governor, with the advice and consent of the senate and the chief justice.

With the exception of the director of corrections and rehabilitation or the director's designee, and the compact administrator, the terms of all members shall be for four years; provided that the victims group representative and the compact administrator shall be subject to confirmation proceedings under section 26-34. No person, except the compact administrator, shall be appointed consecutively to more than two terms.

There shall be one full-time coordinator position for the supervision of adult offenders. The coordinator shall be appointed by the judiciary.

(b) The council shall exercise oversight and advocacy concerning its participation in commission activities and other duties as may be determined by the council, including development of policy concerning operations and procedures of the compact within the State. The council shall also have the authority to appoint a deputy compact administrator for parole from the Hawaii paroling authority, a deputy compact administrator for probation from the judiciary, and a member other than the compact administrator to cast a vote on behalf of the State at meetings of the interstate commission in which the compact administrator is absent. [L 2000, c 185, pt of §1; am L 2005, c 111, §2; am L 2008, c 172, §2; am L 2022, c 278, §29]
Haw. Rev. Stat. § 353C-1 — HI Code / Division 1 / Title 20 / Chapter 353C / Section 353C-1
Definitions.
Status: in_force

Whenever used in this chapter, unless the context otherwise requires:

"Crisis intervention officer" means a law enforcement officer who has been trained and certified to recognize and communicate with an individual who is in crisis or suffering from some form of impairment, whether from dementia, Alzheimer's disease, or any physical, developmental, cognitive, psychological, or substance use disorder influencing their behavior. Training and certification standards shall be determined with the department of health.

"Department" means the department of law enforcement.

"Director" means the director of law enforcement. [L 1989, c 211, pt of §6; am L 2022, c 278, §17; am L 2024, c 86, §6]
Haw. Rev. Stat. § 353H-8 — HI Code / Division 1 / Title 20 / Chapter 353H / Section 353H-8
Performance indicator reporting.
Status: in_force

(a) The department of corrections and rehabilitation shall develop performance measures that accurately reflect progress toward specific goals, including:

(1) Improving recidivism rates;

(2) Decreasing prisoner assaults on correctional staff;

(3) Reducing correctional staff turnover; and

(4) Improving departmental efficiencies in staffing, budgeting, and data management and analysis.

(b) The department shall develop key performance indicators, which shall include:

(1) The number of individuals enrolled in and who have completed a general education diploma or competency-based diploma;

(2) The number of individuals for whom a reentry plan is filed and the number of individuals who exit jail or prison with a reentry plan;

(3) Drug test failure rates of inmates while incarcerated and while on parole;

(4) The number of inmates currently enrolled in and who have completed drug treatment programs provided by the department of corrections and rehabilitation;

(5) The number of inmates currently enrolled in and who have completed restorative circles;

(6) The number of parolees who have applied for a reduction of their minimum sentence, the number of applications approved and denied, and, when applicable, the reasons for the denial of a parolee's application;

(7) The number of parole revocation hearings and the results of parole revocation hearings that, when applicable, explain why the parolees' revocation was denied;

(8) The cost of incarceration per inmate, per day, per facility;

(9) Offender demographics, including gender, race, age, and type of offense;

(10) The number of individuals who received vocational training or rehabilitation services and type of vocational training or rehabilitation services received;

(11) The total number of inmate intakes, by month, including the number of intakes each month within the past year and past five years;

(12) The total number of inmates released, by month;

(13) The number of inmates with substance abuse problems, including the type of dependence or addiction, and the number of inmates with no reported substance abuse problems;

(14) The median length of incarceration, excluding inmates who have received life sentences or been paroled;

(15) The prison population forecast for the next decade;

(16) The total number of pretrial detainees and the number of pretrial detainees admitted each month by type of crime, bail amount, risk assessed, gender, race, and age;

(17) The number of pretrial detainees released or discharged each month and the reason for the release or discharge by type of crime, bail amount, risk assessed, gender, race, and age;

(18) The average length of stay for pretrial detainees by reason for release or discharge, type of crime, bail amount, risk assessed, gender, race, and age;

(19) The number of pretrial detainees held on cash bail by type of crime, bail amount, risk assessed, gender, race, and age;

(20) The average amount of time for completing and verifying pretrial risk assessment by type of crime, bail amount, risk assessed, gender, race, and age; and

(21) The number of pretrial detainees readmitted by reason for release, reason for readmission, type of crime, bail amount, risk assessed, gender, race, and age. [L 2018, c 212, pt of §2 ; am L 2022, c 278, §29]
Haw. Rev. Stat. § 348F-2 — HI Code / Division 1 / Title 20 / Chapter 348F / Section 348F-2
Disability and communication access board.
Status: in_force

There is established a disability and communication access board within the department of health for administrative purposes, to be composed of seventeen members to be appointed by the governor for staggered terms pursuant to section 26-34. The members of the board shall include at least nine persons with various types of disabilities, or parents or guardians of persons with disabilities. Other members shall include individuals knowledgeable in areas for which the board has rulemaking authority. The members appointed shall include at least one resident from each of the counties of Honolulu, Hawaii, Maui, and Kauai.

The members shall serve without compensation, but shall be reimbursed their necessary and reasonable expenses incurred in the performance of their duties, including travel expenses. [L 1999, c 282, pt of §2]
Haw. Rev. Stat. § 346-241 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-241
Disposition.
Status: in_force

(a) The department shall prepare a proposed protective order and a written protective services plan and submit copies to the court and each of the parties or their counsel at least seven days prior to the disposition hearing.

(b) The proposed protective order may include any of the provisions set forth in section 346-231, and, in addition may include an order that:

(1) The person inflicting abuse on the vulnerable adult participate in counseling or therapy as the court deems appropriate;

(2) Any party report to the department any violation of the protective order or protective services plan;

(3) The department make periodic home visits to the vulnerable adult; and

(4) The department monitor compliance with the order.

(c) The proposed protective services plan shall set forth the following:

(1) Specific services or treatment to be provided to the vulnerable adult and the specific actions the parties shall take;

(2) Specific responsibilities that the parties shall assume;

(3) Period during which the services shall be provided;

(4) Dates by which the actions shall be completed;

(5) Specific consequences that may be reasonably anticipated to result from a party's failure to comply with any terms and conditions of the plan; and

(6) Steps that shall be necessary to terminate the court's jurisdiction.

(d) In preparing such a proposed protective order, the department shall seek to impose the least restrictive limitation on the freedom and liberties of the vulnerable adult. To the greatest extent possible, the vulnerable adult should be permitted to participate in decisions concerning the vulnerable adult's person, or property, or both.

(e) The court shall conduct a disposition hearing concerning the terms and conditions set forth in the proposed protective order and proposed protective services plan unless each of the appropriate parties accepts the order and plan, in which event, the court may approve the order and plan without a hearing. [L 1989, c 381, pt of §1; am L 1990, c 144, §1 and c 234, §9; am L 1992, c 62, §§3, 4; am L 2008, c 154, §22]
Haw. Rev. Stat. § 353-13.3 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-13.3
Mental health care.
Status: in_force

The department shall be responsible for providing mental health services in community correctional centers.
Haw. Rev. Stat. § 348F-3 — HI Code / Division 1 / Title 20 / Chapter 348F / Section 348F-3
Duties and functions of the board.
Status: in_force

The board shall perform the following duties and functions:

(1) Establish guidelines for the design of buildings and facilities by or on behalf of the State and counties in accordance with section 103-50;

(2) Provide review and recommendations on all state and county plans for buildings and facilities, in accordance with section 103-50;

(3) Establish guidelines for the utilization of communication access services provided for persons who are deaf, hard-of-hearing, or deaf-blind in state programs and activities. Guidelines include, but are not limited to, determining the qualifications of interpreters who may provide services, the amount of payment to interpreters, and the credentialing of interpreters who do not hold national certification via a state screening process;

(4) Administer the statewide program for parking for disabled persons, in accordance with part III of chapter 291;

(5) Serve as public advocate of persons with disabilities by providing advice and recommendations on matters relating to access for persons with disabilities, with emphasis on legislative matters, administrative rules, policies, and procedures of the state and county governments;

(6) Review and assess the problems and needs relating to access for persons with disabilities in the State in order to provide recommendations in the improvement of laws and services;

(7) Serve as the designated state agency to coordinate the efforts of the State to comply with the requirements of the Americans with Disabilities Act for access to services, employment, telecommunications, and facility and site design;

(8) Provide technical assistance and guidance to, but not limited to, state and county entities in order to meet the requirements of state, federal, and county laws providing for access for persons with disabilities through public education programs and other voluntary compliance efforts; and

(9) Administer funds allocated for its work, including disbursement and allocation of funds that may be available from public and private sources; provided that such disbursement and allocation shall be consistent with the specific requirements and purposes of this chapter. [L 1999, c 282, pt of §2]
Haw. Rev. Stat. § 353C-4 — HI Code / Division 1 / Title 20 / Chapter 353C / Section 353C-4
Appointment of employees with police powers and other employees.
Status: in_force

(a) The director may appoint employees to be state law enforcement officers who shall have all of the powers of police officers; provided that the director may establish and assign the employees to positions or categories of positions that may have differing titles, specific duties, and limitations upon the exercise of police powers.

(b) The director may appoint other personnel necessary to carry out the functions of the department.

(c) The duties of state law enforcement officers shall include conducting law enforcement operations and investigations throughout the State and maintaining public safety in state buildings as well as the personal protection of government officials and employees while in the conduct of their duties. The duties of state law enforcement officers shall also include the service of process, including subpoenas, warrants, and other legal documents, and other duties as the director may assign. State law enforcement officers shall have all of the powers of police officers, including the power of arrest. This section does not relieve, nor will it diminish, county police officers of any authority or responsibility to enforce laws or to maintain public safety on state lands and in state buildings or in their respective counties. [L 1989, c 211, pt of §6; am L 1990, c 281, §12; am L 2022, c 278, §13]
Haw. Rev. Stat. § 346-72 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-72
Applications.
Status: in_force

Applications for general assistance to households without minor dependents shall be made by the applicant or by someone acting in the applicant's behalf in the manner, place, and form prescribed by the department of human services.
Haw. Rev. Stat. § 363-1 — HI Code / Division 1 / Title 20 / Chapter 363 / Section 363-1
Definitions.
Status: in_force

Unless the context clearly requires a different meaning, when used in this chapter:

"Dependent" of a veteran means any person who received from a veteran the person's principal support prior to entry or following entry of the veteran into any of the armed services or following the veteran's discharge from any of the armed services. It includes a dependent of a person currently serving in the service and a former dependent of a discharged or deceased veteran and of a person who has died in such service. It shall not include a dependent of a person discharged under other than honorable conditions.

"Director" means the director of the office of veterans' services.

"Family" of a veteran means members of the immediate family of the veteran, or of a person currently serving in any of the armed services, or of a person who has died in the service, or of a deceased veteran.

"Office" means the office of veterans' services as constituted under this chapter.

"Veteran" means any person who has served in any of the armed services of the United States, or any person who is now a citizen of the United States who has served in any of the armed services of any country which was an ally of the United States in any war or campaign in which the United States was also engaged. [L 1951, c 75, §2; am L 1953, c 116, §1; RL 1955, §349-1; am L Sp 1959 2d, c 1, §20; HRS §363-1; am L 1970, c 105, §5; am L 1981, c 223, §1; am L 1982, c 177, §1; gen ch 1985; am L 1987, c 339, §4; am L 1988, c 115, §3]
Haw. Rev. Stat. § 351-70 — HI Code / Division 1 / Title 20 / Chapter 351 / Section 351-70
Annual report.
Status: in_force

The commission shall transmit annually to the governor and to the director of corrections and rehabilitation, at least thirty days prior to the convening of the legislature a report of its activities under this chapter including a brief description of the facts in each case, and the amount, if any, of compensation awarded, and the names of attorneys and health care providers where they are the applicants. The director of corrections and rehabilitation shall, within five days after the opening of the legislative session, transmit the report, together with a tabulation of the total amount of compensation awarded during the prior fiscal year and an estimate of the amount that is reasonably estimated to be required for the next fiscal year, and a legislative bill to appropriate funds for the crime victim compensation special fund for the next fiscal year. The commission shall provide upon request of the governor, the director of corrections and rehabilitation, or the legislature, the relevant data, including the names of all applicants for compensation, under this chapter.
Haw. Rev. Stat. § 353- — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-
122] Limitation on use of restraints.
Status: in_force

(a) While transporting, no restraints of any kind may be used on any committed female:

(1) During the third trimester of her pregnancy;

(2) During postpartum recovery; or

(3) During any portion of her pregnancy, if her physician so orders;

except in extraordinary circumstances.

(b) While the pregnant female is in labor or in childbirth no restraints of any kind shall be used. Nothing in this section affects the use of hospital restraints requested for the medical safety of the patient by a treating physician.

(c) Any restraints used on a pregnant female shall be the least restrictive available and the most reasonable under the circumstances, but in no case shall leg irons or waist chains be used on any pregnant female.

(d) No correctional personnel shall be present in the room during the pregnant female's labor or childbirth, unless specifically requested by medical personnel. If the correctional personnel's presence is requested by medical personnel, the correctional personnel shall be female, if practicable.

(e) If the doctor, nurse, or other health professional treating the pregnant female requests that restraints not be used, the corrections officer accompanying the pregnant female shall immediately remove all restraints.

(f) For the purpose of this section, "extraordinary circumstances" exist where a corrections officer makes an individualized determination that restraints are necessary to prevent an incarcerated pregnant female from escaping or injuring herself, medical or correctional personnel, or others.

If a corrections officer determines that extraordinary circumstances exist and restraints are used, the corrections officer shall fully document in writing the facts upon which a finding of extraordinary circumstances was based. The corrections officer shall also include the kind of restraints used and the reasons those restraints were considered the most reasonable and least restrictive available under the circumstances. [L 2011, c 174, pt of §1](a) The director shall provide information relating to the requirements of this part to all medical and nonmedical staff and correctional personnel who are involved in the transportation or supervision of female offenders who are pregnant or in postpartum recovery and other staff as the director deems appropriate.

(b) The director shall provide notice of the requirements of this part to any female offender who is pregnant or in postpartum recovery at the time that the department assumes custody of the female offender. Additional notice shall be posted in conspicuous locations in any appropriate correctional facility, including the locations in which medical care is provided within the facility. Any treating physician, midwife, or nurse of a female offender who is pregnant or in postpartum recovery shall be informed of the requirements of this part. [L 2011, c 174, pt of §1]
Haw. Rev. Stat. § 352-12 — HI Code / Division 1 / Title 20 / Chapter 352 / Section 352-12
Segregation of committed persons.
Status: in_force

Persons committed to the youth correctional facilities shall be kept segregated based on considerations including age, maturity level, attitude, behavior, offense committed, commitment period, and rehabilitation status.
Haw. Rev. Stat. § 356D-11 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-11
Development of property.
Status: in_force

(a) The authority, in its own behalf or on behalf of any government, may:

(1) Clear, improve, and rehabilitate property; and

(2) Plan, develop, construct, and finance housing projects.

(b) The authority may develop public land in an agricultural district subject to the prior approval of the land use commission when developing lands greater than five acres in size. The authority shall not develop state monuments, historical sites, or parks. When the authority proposes to develop public land, it shall file with the department of land and natural resources a petition setting forth that purpose. The petition shall be conclusive proof that the intended use is a public use superior to that to which the land had been appropriated.

(c) The authority may develop or assist in the development of federal lands with the approval of appropriate federal authorities.

(d) The authority shall not develop any public land where the development may endanger the receipt of any federal grant, impair the eligibility of any government agency for a federal grant, prevent the participation of the federal government in any government program, or impair any covenant between the government and the holder of any bond issued by the government.

(e) The authority may contract or sponsor with any county, housing authority, or person, subject to the availability of funds, housing projects designed to meet the needs of elders, disabled, displaced or homeless persons, low- and moderate- income persons, government employees, teachers, or university and college students and faculty.

(f) The authority may enter into contracts with eligible developers to develop housing projects in exchange for mixed use development rights. Eligibility of a developer for an exchange pursuant to this subsection shall be determined pursuant to rules adopted by the authority in accordance with chapter 91.

As used in this subsection, "mixed use development rights" means the right to develop a portion of a housing project for commercial use.

(g) The authority may develop, with an eligible developer, or may assist under a government assistance program in the development of, housing projects. The land planning activities of the authority shall be coordinated with the county planning departments and the county land use plans, policies, and ordinances.

Any person, if qualified, may act simultaneously as developer and contractor.

In selecting eligible developers or in contracting any services or materials for the purposes of this subsection, the authority shall be subject to all federal procurement laws and regulations.

For the purposes of this subsection, "government assistance program" means a housing program qualified by the authority and administered or operated by the authority or the United States or any of their political subdivisions, agencies, or instrumentalities, corporate or otherwise.

(h) In connection with the development of any housing dwelling units under this chapter, the authority may also develop commercial properties and industrial properties and sell or lease other properties if it determines that the uses will be an integral part of the housing development or a benefit to the community in which the properties are situated. The authority may designate any portions of the housing development for commercial, industrial, or other use and shall have all the powers granted under this chapter with respect thereto. The authority may use any funding authorized under this chapter to implement this subsection.

The net proceeds of all sales or leases, less costs to the authority, shall be deposited in the public housing special fund established by section 356D-28. [L 2006, c 180, pt of §2; am L 2011, c 90, §1; am L 2013, c 151, §1; am L Sp 2021, c 9, §75; am L 2022, c 251, §3; am L 2025, c 89, §4]
Haw. Rev. Stat. § 346-177 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-177
Program of incentive for registration.
Status: in_force

Subject to the limits of legislative appropriations, the department may establish a program to encourage the registration of persons who provide care in private homes in violation of section 346-171. The program may include:

(1) Training of providers of care;

(2) Assistance to applicants in obtaining registration and complying with the minimum requirements;

(3) Counseling in providing quality care;

(4) Referrals of parents to providers;

(5) Assistance in obtaining benefits under or participation in federal and state child care programs; and

(6) Assistance in complying with business and tax regulations and requirements. [L 1985, c 208, pt of §2]
Haw. Rev. Stat. § 346-53.61 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-53.61
Centers for Medicare and Medicaid Services approval.
Status: in_force

The department shall implement sections 346-53.62, 346-53.63, and 346-53.64, subject to approval of the Hawaii medicaid state plan by the Centers for Medicare and Medicaid Services. [L Sp 2008, c 8, pt of §2]
Haw. Rev. Stat. § 356D-65 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-65
Ex parte motion.
Status: in_force

If a tenant cannot be served with an order of eviction or writ of possession, and the authority receives an affidavit or declaration stating this fact, service on the tenant may be made in accordance with a special order of the authority. The order shall require the process server to affix a certified copy of the order of eviction or writ of possession in a conspicuous place upon the premises, such as the door or wall of the dwelling unit.
Haw. Rev. Stat. § 353-22 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-22
Earnings exempt from garnishment, etc.
Status: in_force

No moneys earned by a committed person and held by the department, to any amount whatsoever, shall be subject to garnishment, levy, or any like process of attachment for any cause or claim against the committed person, except as provided for in section 353-22.5.
Haw. Rev. Stat. § 346-142 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-142
Definitions.
Status: in_force

As used in this part:

"Alien" means any person not a citizen or national of the United States but who is allowed, under federal law, to reside in the United States.

"Homeland" means the country in which a person was born.

"Naturalized citizen" means a person who was not born in the United States, but who has the rights and privileges of a citizen bestowed upon the person by law.

"Qualified person" means an alien or naturalized citizen of the United States who:

(1) Is a resident of the State of Hawaii;

(2) Is sixty years of age or older;

(3) Is eligible to receive or receives financial assistance under this chapter on the date of the application for transportation assistance under this part.

"Transportation assistance" means the amount determined by the director under section 346-145. [L 1980, c 276, pt of §2]

Revision Note

Pursuant to §23G-15:

(1) Numeric designations deleted and punctuation changed; and

(2) In the definition of "qualified person", paragraphs redesignated and in paragraph (3), "and" deleted.
Haw. Rev. Stat. § 352D-7.5 — HI Code / Division 1 / Title 20 / Chapter 352D / Section 352D-7.5
Kawailoa youth and family wellness center; creation.
Status: in_force

(a) The office of youth services may create and develop a central youth service center known as the Kawailoa youth and family wellness center at the site of the Hawaii youth correctional facilities. The office of youth services may grant to the Hawaii youth correctional facilities the authority to operate and maintain the Kawailoa youth and family wellness center; provided that opportunities may be given to existing state Hawaii youth correctional facilities civil service employees to participate in the services and programs, as specified in subsection (d), including discussing long-term plans for employment and training opportunities to contribute professionally to the program.

(b) A primary objective of the Kawailoa youth and family wellness center shall be to prevent delinquency, as specified in section 352D-7.

(c) The other objectives of the Kawailoa youth and family wellness center shall be to:

(1) Offer residential programs in delinquency prevention, including youth services, as defined in section 352D-3;

(2) Provide a wider range of informal dispositions, particularly alternatives to the juvenile justice system; and

(3) Develop an improved system of intake, assessment, and follow-up for youth at risk and young adults at risk.

(d) The Kawailoa youth and family wellness center services and programs may include but shall not be limited to mental health services and programs, substance abuse treatment programs, crisis shelters for homeless youth, crisis shelters for victims of human and sex trafficking, vocational training, group homes, day treatment programs, aftercare, independent and family counseling services, educational services, and other services and programs that may be required to meet the needs of youth or young adults.

(e) All youth at risk and all young adults at risk shall be eligible for services at the Kawailoa youth and family wellness center. [L 2018, c 208, §2]
Haw. Rev. Stat. § 350C-7 — HI Code / Division 1 / Title 20 / Chapter 350C / Section 350C-7
Federal participation.
Status: in_force

The department shall include a provision for adoption assistance and medical assistance for which the federal government pays for some or all of the costs in any state plan made pursuant to the Adoption Assistance and Child Welfare Act of 1980, Public Law 96-272 or Social Security Act, titles IV(e) or XIX.
Haw. Rev. Stat. § 346-53.62 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-53.62
Federally qualified health centers and rural health clinics; reconciliation of managed care supplemental payments.
Status: in_force

(a) Federally qualified health centers or rural health clinics that provide services under a contract with a medicaid managed care organization shall receive estimated quarterly state supplemental payments for the cost of furnishing such services that are an estimate of the difference between the payments the federally qualified health center or rural health clinic receives from medicaid managed care organizations and payments the federally qualified health center or rural health clinic would have received under the Benefits Improvement and Protection Act of 2000 prospective payment system methodology. Not more than one month following the beginning of each calendar quarter and based on the receipt of federally qualified health center or rural health clinic submitted claims during the prior calendar quarter, federally qualified health centers or rural health clinics shall receive the difference between the combination of payments the federally qualified health center or rural health clinic receives from estimated supplemental quarterly payments and payments received from medicaid managed care organizations and payments the federally qualified health center or rural health clinic would have received under the Benefits Improvement and Protection Act of 2000 prospective payment system methodology. Balances due from the federally qualified health center shall be recouped from the next quarter's estimated supplemental payment.

(b) The federally qualified health center or rural health clinic shall file an annual settlement report summarizing patient encounters within one hundred fifty days following the end of a calendar year in which supplemental payments are received from the department. The total amount of supplemental and medicaid managed care organization payments received by the federally qualified health center or rural health clinic shall be reviewed against the amount that the actual number of visits provided under the federally qualified health center's or rural health clinic's contract with the medicaid managed care organization would have yielded under the prospective payment system. The department shall also receive financial records from the medicaid managed care organization. As part of this review, the department may request additional documentation from the federally qualified health center or rural health clinic and the medicaid managed care organization to resolve differences between medicaid managed care organization and provider records. Upon conclusion of the review, the department shall calculate a final payment that is due to or from the participating federally qualified health center or rural health clinic. The department shall notify the participating federally qualified health center or rural health clinic of the balance due to or from the federally qualified health center or rural health clinic. The notice of program reimbursement shall include the department's calculation of the balance due to or from the federally qualified health center or rural health clinic.

(c) For the purposes of this section, the payments received from medicaid managed care organizations exclude payments for non-prospective payment system services, managed care risk pool accruals, distributions, or losses, or any pay-for-performance bonuses or other forms of incentive payments such as quality improvement recognition grants and awards.

(d) An alternative supplemental managed care payment methodology other than the one set forth herein may be implemented as long as the alternative payment methodology is consented to in writing by the federally qualified health center or rural health clinic to which the methodology applies. [L Sp 2008, c 8, pt of §2]
Haw. Rev. Stat. § 349-10 — HI Code / Division 1 / Title 20 / Chapter 349 / Section 349-10
Annual senior citizen's fair.
Status: in_force

Each county may hold an annual senior citizen's fair in its respective county. The county shall be responsible for the planning, organizing, and coordinating of the fair in every respect. The state policy advisory board for elder affairs may assist the county in any aspect upon request. Proceeds earned from this fair are deemed to be proceeds earned from casual sales as defined in chapter 237. The county shall distribute such proceeds to the various senior citizen organizations and individuals who participate in the fair in accordance with appropriate methods of distribution as determined by the county.
Haw. Rev. Stat. § 353E-1 — HI Code / Division 1 / Title 20 / Chapter 353E / Section 353E-1
Sex offender treatment; statewide program established.
Status: in_force

There is established the statewide integrated sex offender treatment program for the treatment of adult sex offenders in the custody of the State and juvenile sex offenders in cases where family court jurisdiction was waived pursuant to section 571-22, to be implemented on a cooperative basis by the department of corrections and rehabilitation, judiciary, Hawaii paroling authority, department of health, department of human services, and any other agency that may be assigned sex offender oversight responsibilities. The sex offender treatment program shall:

(1) Develop and continually update, as necessary, a comprehensive statewide master plan for the assessment, evaluation, treatment, and supervision of sex offenders that provides for a continuum of programs under a best practices philosophy;

(2) Develop and implement a statewide, integrated system of sex offender assessment, evaluation, treatment, and supervision services and programs that reflect the goals and objectives of the master plan;

(3) Identify all offenders in their custody who would benefit from sex offender treatment;

(4) Work cooperatively to monitor and evaluate the development and implementation of sex offender assessment, evaluation, supervision, and treatment programs and services;

(5) Develop appropriate training and education programs for public and private providers of sex offender treatment, assessment, evaluation, and supervision services;

(6) Conduct research and compile relevant data on sex offenders;

(7) Work cooperatively to develop a statewide management information system for sex offender treatment;

(8) Make every effort to secure grant funds for research, program development, training, and public education in the area of sex assault prevention;

(9) Network with public and private agencies that come into contact with sex offenders to keep abreast of issues that impact and increase community awareness regarding the statewide sex offender treatment program;

(10) As far as practicable, share information and pool resources to carry out responsibilities under this chapter;

(11) Coordinate their funding requests for sex offender treatment programs to deter competition for resources that might result in an imbalance in program development that is detrimental to the master plan treatment concept; and

(12) Develop and implement standards and guidelines for the assessment, evaluation, treatment, and supervision of sex offenders. [L 1992, c 164, pt of §2; am L 2016, c 36, §1 ; am L 2022, c 278, §29]
Haw. Rev. Stat. § 347-2.5 — HI Code / Division 1 / Title 20 / Chapter 347 / Section 347-2.5
Service animal, defined.
Status: in_force

As used in this chapter, "service animal" means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. The work or tasks performed by a service animal must relate directly to the individual's disability. Neither the potential crime deterrent effects of an animal's presence nor the provision of emotional support, comfort, or companionship by an animal constitutes work or tasks for the purposes of this definition.
Haw. Rev. Stat. § 351-16 — HI Code / Division 1 / Title 20 / Chapter 351 / Section 351-16
Attorneys' fees.
Status: in_force

The commission, as part of any order entered under this chapter, may determine and allow reasonable attorneys' fees, which if the award of compensation is more than $1,000 shall not exceed $150, to be paid out of but not in addition to the award, to the attorneys representing the applicant; provided that the amount of the attorneys' fees shall not, in any event, exceed the award of compensation remaining after deducting that portion thereof for expenses actually incurred by the claimant.

Any attorney who charges, demands, receives, or collects for services rendered in connection with any proceedings under this chapter any amount in excess of that allowed under this section, if any compensation is paid, shall be fined not more than $2,000. [L 1967, c 226, pt of §1; HRS §351 - 16; am L 1996, c 235, §2; am L 1998, c 240, §5]
Haw. Rev. Stat. § 351-88 — HI Code / Division 1 / Title 20 / Chapter 351 / Section 351-88
Part not applicable; return of moneys held.
Status: in_force

This part shall not apply and shall have no effect where:

(1) The conviction is reversed or overturned; or

(2) The applicable statute of limitations for a civil action which may be filed by a victim, a victim's representative, or a person specified in section 351 - 31 relating to the criminal act committed by the convicted person has expired, and there are no such civil actions pending and ten years have elapsed since the date of the last judgment obtained by a victim, a victim's representative, or a person specified in section 351 - 31.

Under the circumstances set forth in paragraph (1) or (2), all moneys held by the commission in a collection account or special account, including interest, shall be disbursed to the convicted person or any other person legally entitled to receive the disbursement. [L 1986, c 155, pt of §1]
Haw. Rev. Stat. § 356D-12 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-12
Development of property; additional powers.
Status: in_force

Notwithstanding any other law to the contrary, whenever the bids submitted for the development or rehabilitation of any housing project authorized pursuant to this chapter exceed the amount of funds available for that project, the authority, with the approval of the governor, may disregard the bids and enter into an agreement to carry out the project, undertake the project, or participate in the project under the agreement; provided that:

(1) The total cost of the agreement and the authorityꞌs participation, if any, shall not exceed the amount of funds available for the project; and

(2) If the agreement is with a nonbidder, the scope of the project under agreement shall remain the same as that for which bids were originally requested. [L 2006, c 180, pt of §2; am L 2022, c 251, §4; am L 2025, c 89, §6]
Haw. Rev. Stat. § 353G-2 — HI Code / Division 1 / Title 20 / Chapter 353G / Section 353G-2
Definitions.
Status: in_force

As used in this chapter unless the context requires otherwise:

"Assessment" means an ongoing process through which a substance abuse professional collaborates with a client and other persons to gather and interpret information necessary for planning treatment and evaluating the client's progress.

"Assessment program" refers to a not-for-profit corporation, government agency, or other entity accredited by the department of health to provide substance abuse services, or to a substance abuse professional certified pursuant to section 321 - 193.

"Drug or alcohol dependent" means in a state of physical or psychological dependence, or both, arising from the use of a controlled substance or alcohol on a continuous basis that is characterized by behavioral and other responses, including but not limited to a strong compulsion to take the controlled substance or alcohol on a recurring basis, regardless of consequence, in order to experience its psychotropic effects or to avoid the discomfort of its absence.

"Repeat offender" means any inmate in a state correctional center or facility who meets the requirements of section 353G - 3(a).

"Substance abuse or additional treatment" means any type of drug or alcohol treatment ordered by the department of corrections and rehabilitation, the Hawaii paroling authority, or the agency responsible for monitoring a person's compliance with the terms and conditions of parole or other release from a correctional center or facility to address a person's drug or alcohol dependence or other substance abuse or addiction treatment.

"Substance abuse program" or "treatment program" means a program concerned with education, prevention, or treatment directed toward achieving the prevention of substance abuse, or the social, mental, and physical restoration of substance abusers. The term "program" is synonymous with facility, agency, unit, and organization.

"Test" or "drug test" means a test conducted in a medically safe and appropriate manner to determine the presence or absence of alcohol or controlled substance metabolites, or to determine the recent or historical use of alcohol or a controlled substance by the subject of the test. [L 1998, c 152, pt of §2 ; am L 2022, c 278, §29]
Haw. Rev. Stat. § 356D-13.2 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-13.2
[ §356D-13.
Status: in_force

[ §356D-13.2] Housing choice voucher landlord incentive program. (a) The authority shall adopt rules, without regard to chapter 91, to establish the following incentives for landlords participating in the tenant-based assistance housing choice voucher program under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f):

(1) The landlord may be reimbursed up to one month of rent at the contract rate when the dwelling unit sits vacant:

(A) Between rentals to tenants participating in the section 8 housing choice voucher program; or

(B) When the landlord initially transitions the dwelling unit to a rental under the section 8 housing choice voucher program; and

(2) The landlord may receive a signing bonus of up to one month of rent at the contract rate when the landlord first joins the section 8 housing choice voucher program by entering into a contract with the authority and securing a tenant participating in the section 8 housing choice voucher program for the dwelling unit; provided that a landlord receiving the signing bonus shall not also receive reimbursement under paragraph (1)(B).

(b) The incentives in subsection (a) shall supplement the incentive offered under the section 8 housing choice voucher landlord incentive program established pursuant to Act 215, Session Laws of Hawaii 2019, to reimburse landlords who participate in the section 8 housing choice voucher landlord incentive program for repair costs of tenant-caused property damage when the repair costs exceed the tenant's security deposit.

(c) The following requirements shall apply to the reimbursement for repair costs:

(1) The landlord shall submit a claim to the authority within thirty calendar days of the tenant vacating the dwelling unit;

(2) The authority may reimburse the landlord up to an amount to be determined by the authority for verified costs to repair the tenant-caused property damage, subject to availability of funding; provided that the costs of repair shall exceed the security deposit; and

(3) Claims that exceed an amount to be determined by the authority shall include an estimate from a licensed contractor setting forth the costs to repair the damages caused by the tenant to the dwelling unit. [L 2022, c 287, §2]
Haw. Rev. Stat. § 350B-5 — HI Code / Division 1 / Title 20 / Chapter 350B / Section 350B-5
Hawaii children's trust fund coalition.
Status: in_force

There shall be a Hawaii children's trust fund coalition which, through its advisory committee, shall develop policy, planning, strategy, and publicize the fund, as well as solicit public and private moneys for the fund. The coalition shall serve as a forum for addressing the issue of family strengthening, and for promoting strategies and statewide planning for the prevention of child abuse and neglect. Membership in the coalition shall be open to any representative of any agency and any individual committed to strengthening families to prevent child abuse and neglect.
Haw. Rev. Stat. § 346-59.4 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-59.4
Medical assistance to other children.
Status: in_force

The department shall provide state-funded medical assistance, of up to two hundred per cent of the federal poverty level for Hawaii, to persons less than nineteen years of age who are:

(1) Legal permanent residents who arrived after August 22, 1996;

(2) Persons who are permanently residing under color of law; and

(3) Nonimmigrants from the Trust Territories of the Pacific Islands who are citizens of:

(A) The Marshall Islands;

(B) The Federated States of Micronesia; or

(C) Palau,

as defined by the Compact of Free Association Act of 1985, P.L. 99-239, or the Compact of Free Association between the United States and the Government of Palau, P.L. 99-658,

who are otherwise eligible for benefits under the State's medicaid program and the State's children health insurance program, but are ineligible due to restricted eligibility rules imposed by title XXI of the Social Security Act, the Personal Responsibility and Work [Opportunity] Reconciliation Act of 1996, the Compact of Free Association Act of 1985, P.L. 99-239, the Compact of Free Association between the United States and the Government of Palau, P.L. 99-658, or any other provision of federal law denying medical assistance to nonimmigrants who are citizens of the Marshall Islands, the Federated States of Micronesia, or Palau. [L 2000, c 224, §2; am L 2007, c 236, §§4, 14; am L Sp 2009, c 8, §2; am L 2015, c 20, §5]
Haw. Rev. Stat. § 356D-58 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-58
Lien attaches to personalty in possession.
Status: in_force

Sections 356D-56 and 356D-57 shall also apply to any personal property which, before May2, 1949, was left in or about any public housing project, and was taken into the possession of the authority or its predecessor in interest, as herein set forth and provided.
Haw. Rev. Stat. § 350B-6 — HI Code / Division 1 / Title 20 / Chapter 350B / Section 350B-6
Hawaii children's trust fund advisory committee.
Status: in_force

(a) There shall be an advisory committee of the Hawaii children's trust fund coalition. The advisory committee shall provide leadership for the coalition. Members of the advisory committee shall be initially selected prior to December1, 1993.

(b) The advisory committee shall perform the following functions:

(1) Promote statewide planning and strategies for strengthening families with the intent of preventing child abuse and neglect;

(2) Establish criteria and guidelines for grantmaking for the board;

(3) Publicize the fund and solicit moneys from public and private sources, in collaboration with the board;

(4) Advise the department of health on matters involving the prevention of child abuse and neglect; and

(5) Facilitate the exchange of information between groups concerned with families and children.

(c) The advisory committee shall include private and public members. Public sector representation shall include the department of health, department of human services, department of education, office of youth services, and the judiciary. The coalition shall elect the private sector representatives, whose membership shall equal one more than the number of public sector representatives.

(d) Each member of the advisory committee shall have one vote, except that the representative of the department of health shall not vote on matters relating to advising the department of health. The advisory committee shall elect its officers. [L 1993, c 336, pt of §2; am L 1996, c 298, §5]
Haw. Rev. Stat. § 356D-29 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-29
Quitclaim deeds.
Status: in_force

Unless otherwise provided by law, the authority shall issue quitclaim deeds and leases whenever it conveys, transfers, sells, or assigns any property developed, constructed, or sponsored under this chapter.
Haw. Rev. Stat. § 351-83 — HI Code / Division 1 / Title 20 / Chapter 351 / Section 351-83
Collection account, creation, disbursements.
Status: in_force

Monetary compensation received by the commission pursuant to section 351-82(1) shall be deposited into a collection account established by the commission. The moneys deposited into the collection account including interest earned shall be used exclusively to pay the expenses of legal representation incurred by the convicted person in prosecuting an appeal of the conviction. Upon the presentation of a verified statement of attorney's fees and expenses, the commission shall pay such attorney's fees and expenses reasonably and necessarily incurred in prosecuting the appeal.

If the monetary compensation deposited into the collection account pursuant to section 351 - 82(1) is not sufficient to prosecute the convicted person's appeal, or if the convicted person seeks other judicial relief in order to void the conviction or to obtain release from incarceration, then the convicted person may obtain a court order compelling the commission either to pay the sum necessary for adequate legal representation out of the funds deposited in the special account pursuant to section 351 - 82(2) or to deposit into the collection account a percentage greater than fifty per cent of the monetary compensation payable to the convicted person. [L 1986, c 155, pt of §1]
Haw. Rev. Stat. § 346-152.3 — HI Code / Division 1 / Title 20 / Chapter 346 / Section 346-152.3
Investigations.
Status: in_force

(a) Upon receiving a report that a person or child care facility may be caring for children in violation of this part, the department may conduct an investigation for the purpose of determining whether a violation of this part has occurred or is occurring.

(b) The department may request access to the location indicated in the report and file a petition for a search warrant with the district court in the circuit where the location is indicated in the report. The district court, upon probable cause, may issue a search warrant, directed to the department and the appropriate law enforcement agency, if necessary, to conduct an investigation pursuant to this section. [L 2002, c 33, §1; am L 2020, c 66, §3]
Haw. Rev. Stat. § 367D-4 — HI Code / Division 1 / Title 20 / Chapter 367D / Section 367D-4
Agency programs; proportionate costs.
Status: in_force

Where several private agencies combine to provide one or more of the programs under this chapter, the cost of each program shall be borne proportionately by the participating agencies on the basis of need or use as determined by rules adopted by the director of corrections and rehabilitation pursuant to chapter 91.
Haw. Rev. Stat. § 356D-106 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-106
Furnishing of free water not required.
Status: in_force

Sections 356D-102 to 356D-105 shall not be construed to require the furnishing of any free water to the authority or to the tenants or occupants of any public housing project or complex owned, operated, or administered by the authority.
Haw. Rev. Stat. § 356D-104 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-104
Charges for prior services by counties to authority.
Status: in_force

Every county (including departments, boards, or instrumentalities thereof) which has, prior to May 14, 1949, provided or furnished any facilities, services, or privileges, including, without limitation to the generality of the foregoing, garbage and trash collection and disposal, use of streets or highways, and use of county incinerators or garbage dumps, to the authority or its predecessors in interest in regard to any public housing project or complex owned, operated, or administered by the authority under any law or laws, or to the tenants or occupants of the public housing project or complex, for which facilities, services, or privileges the authority, or the tenants or occupants have not paid, is prohibited from charging, collecting, or receiving any privileges, except such sum or sums as the authority, in its discretion, may hereafter agree to pay for the same.
Haw. Rev. Stat. § 353C-2 — HI Code / Division 1 / Title 20 / Chapter 353C / Section 353C-2
Director of law enforcement; powers and duties.
Status: in_force

The director of law enforcement shall administer the public safety programs of the department and shall be responsible for the formulation and implementation of state goals and objectives for state law enforcement programs and homeland security, including the deployment of adequate resources and coordination with county police departments to protect the health and safety of homestead communities on Hawaiian home lands. In the administration of these programs, the director may:

(1) Preserve the public peace, prevent crime, detect and arrest offenders against the law, protect the rights of persons and property, and enforce and prevent violation of all laws and administrative rules of the State as the director deems to be necessary or desirable or upon request, to assist other state officers or agencies that have primary administrative responsibility over specific subject matters or programs;

(2) Train, equip, maintain, and supervise the force of law enforcement officers and other employees of the department;

(3) Serve process both in civil and criminal proceedings;

(4) Perform other duties as may be required by law;

(5) Adopt, pursuant to chapter 91, rules that are necessary or desirable for the administration of state law enforcement programs; and

(6) Enter into contracts on behalf of the department and take all actions deemed necessary and appropriate for the proper and efficient administration of the department. [L 1989, c 211, pt of §6; am L 1991, c 151, §3; am L 2007, c 144, §4; am L 2022, c 278, §11]

Revision Note
Haw. Rev. Stat. § 353C-6 — HI Code / Division 1 / Title 20 / Chapter 353C / Section 353C-6
Parking fees, exemption.
Status: in_force

Notwithstanding any other law, rule, or provision to the contrary, law enforcement officers of the department of law enforcement are exempt from all state and county parking meter fees and county time parking restrictions while in the performance of their official duties, including attendance at court; provided that this exemption shall:

(1) Apply exclusively to state owned law enforcement vehicles assigned to the department of law enforcement; and

(2) Not apply to private individuals retained by the department on a contractual basis to serve civil process in any capacity. [L 1992, c 80, §1; am L 2022, c 278, §15]

Revision Note

Section was enacted as addition to chapter 26, but was renumbered to this chapter pursuant to §23G-15.
Haw. Rev. Stat. § 353-71 — HI Code / Division 1 / Title 20 / Chapter 353 / Section 353-71
Parole officer and assistant parole officers.
Status: in_force

The Hawaii paroling authority may appoint and remove at pleasure a parole officer and assistant parole officers as may be necessary, who shall receive such compensation as shall be provided by law. The duties of the parole officer shall be as follows:

(1) To keep a record of all paroled prisoners; to add from time to time thereafter information concerning the employment and wages of each paroled prisoner, together with the name of the paroled prisoner's employer and such details concerning the paroled prisoner's health, conduct, and environment as may come to the attention of the parole officer either from reports made to the parole officer or through the parole officer's own personal investigation;

(2) To receive reports from paroled prisoners as may be required by the rules and regulations of the paroling authority and to check such reports by personal investigations and by conferences with the employers of such prisoners and such other persons as can give information concerning the habits, work, and environment of such prisoners;

(3) To investigate and keep informed upon the habits, work, wages, and environment of such prisoners, if any there be, as are not required to report to the parole officer;

(4) To make such other investigations, secure such other information and data, perform such other duties and make such other reports, in addition to those which may be required by law, as may be required by the paroling authority;

(5) To make a report once in each month to the paroling authority, together with such additional reports as the circumstances call for, concerning the prisoners on parole and their conduct and environment; and

(6) As far as practicable, to assist in obtaining suitable employment for paroled prisoners and otherwise assist in rehabilitation of such paroled prisoners.

Each assistant parole officer shall have such of the powers and duties of the parole officer hereinabove provided for as shall be prescribed by the paroling authority. [L 1931, c 126, §8; RL 1935, §6459; am L 1939, c 203, pt of §6; RL 1945, §3964; RL 1955, §83-69; HRS §353-71; am L 1976, c 92, pt of §8; gen ch 1985]
Haw. Rev. Stat. § 356D-6.7 — HI Code / Division 1 / Title 20 / Chapter 356D / Section 356D-6.7
Closed to the public.
Status: in_force

(a) Any area within a housing project or on a parcel owned by the authority that is not a public street, road, highway, sidewalk, or county or state bus stop, shall be closed to the public where signs are displayed that read: "Closed to the Public – No Trespassing", or a substantially similar message; provided that the signs:

(1) Contain letters no less than two inches in height; and

(2) Are placed at reasonable intervals no less than three signs to a mile along the boundary line of the areas that are closed to the public and at all entrances to the property, in a manner and position to be clearly noticeable from outside the boundary line.

(b) Any authority office or facility shall be closed to the public during non-business hours where signs are displayed that read: "Closed to the Public – No Trespassing" or a substantially similar message and include hours of operation.

(c) For the purposes of this section, "housing project" means a public housing project, elder or elderly housing, as defined in section 356D-1, or state low-income housing project, as defined in section 356D-51. [L 2018, c 31, §2; am L 2025, c 27, §2]