reglab/housing_qa huggingface dataset:
HI Rev Stat § 351-13 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|351. Crime Victim Compensation|351-13 Powers and procedures of commission.

 §351-13 Powers and procedures of commission. (a) Except for cases assigned to the administrator pursuant to subsection (c), upon an application for compensation under this chapter, the commission shall fix a time and place for a hearing on the application and shall cause notice thereof to be given to the applicant. The commission may hold hearings, sit and act at times and places, and take testimony as it may deem advisable. Any two members shall constitute a quorum, but the concurring vote of the two members shall be necessary to take any action. Any member may administer oaths or affirmations to witnesses appearing before the commission. The commission shall have the same powers of subpoena and compulsion of attendance of witnesses and production of documents and of examination of witnesses as a circuit court. Subpoenas shall be issued under the signature of the chairperson or by majority vote of the commission members. The circuit court of any circuit in which a subpoena is issued or served or in which the attendance or production is required, upon the application of the commission, may enforce the attendance and testimony of any witness and the production of any document so subpoenaed. Subpoena and witness fees and mileage shall be the same as in criminal cases in the circuit courts and shall be payable from funds appropriated for expenses of administration. The orders shall be signed by the chairperson or, in the absence of the chairperson, by the other two members.  (b) Notwithstanding any other provision, the commission may delegate to the administrator the authority to sign any order.  (c) The commission shall assign cases to the administrator for determination of eligibility and any order of compensation.  (d) If the applicant is dissatisfied with the determination by the administrator, the applicant may appeal to the commission for a hearing; provided that to be considered, the written appeal shall be received by the commission within sixty days of the mailing of a certified copy of the decision and order, and the commission shall review the case as if it was not heard before and as if no decision had been previously rendered. In such an event, the commission's decision shall be final. [L 1967, c 226, pt of §1; HRS §351-13; am L 1975, c 138, §1; am L 1989, c 177, §6; am L 1992, c 260, §3; am L 1993, c 219, §1; am L 1995, c 182, §2; am L 1996, c 235, §1]
HI Rev Stat § 351-14 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|351. Crime Victim Compensation|351-14 Hearings and evidence.

 §351-14 Hearings and evidence. For those applications that will be heard by the commission, the applicant and the commission's legal adviser shall be entitled to appear and be heard. Any other person may appear and be heard who satisfies the commission that the person has a substantial interest in the proceedings. In any case in which the person entitled to make an application is a child, the application may be made on the child's behalf by any person acting as the child's parent or guardian. In any case in which the person entitled to make an application is mentally defective, the application may be made on the person's behalf by the person's guardian or any other individual authorized to administer the person's estate.  Where, under this chapter, any person is entitled to appear and be heard by the commission, that person may appear in person or be represented by the person's attorney. All hearings shall be open to the public, unless in a particular case, the commission determines that the hearing, or a portion thereof, should be held in private, because the offender has not been convicted or in the interest of the victim of an alleged sexual offense.  Every person appearing under this section shall have the right to produce evidence and to cross-examine witnesses. The commission may receive in evidence any statement, document, information, or matter that, in the opinion of the commission, may contribute to its functions under this chapter, whether or not the statement, document, information, or matter would be admissible in a court of law.  If any person has been convicted of any offense with respect to an act or omission on which a claim under this chapter is based, proof of that conviction, unless an appeal against the conviction or a petition for a rehearing in respect of the charge is pending or a new trial or rehearing has been ordered, shall be taken as conclusive evidence that the offense has been committed. [L 1967, c 226, pt of §1; HRS §351-14; gen ch 1985; am L 1993, c 219, §2] Case Notes  Applicability of the administrative procedure act. 54 H. 294, 506 P.2d 444 (1973).
HI Rev Stat § 351-15 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|351. Crime Victim Compensation|351-15 Medical examination.

 §351-15 Medical examination. The commission may appoint an impartial licensed physician or licensed psychologist to examine any person making application under this chapter, and the fees for the examination shall be paid from funds appropriated for expenses of administration. [L 1967, c 226, pt of §1; HRS §351-15; am L 1988, c 305, §1; am L 1998, c 240, §5]
HI Rev Stat § 351-16 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|351. Crime Victim Compensation|351-16 Attorneys' fees.

 §351-16 Attorneys' fees. 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]
HI Rev Stat § 351-17 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|351. Crime Victim Compensation|351-17 Reconsideration by commission; judicial review.

 §351-17 Reconsideration by commission; judicial review. (a) In the absence of an appeal to the commission, the commission, at any time, on its own motion, may reconsider the order or decision and revoke, confirm, or vary the order or decision, based upon the findings of the commission. Any applicant aggrieved by an order or decision may request reconsideration; provided that, to be considered, the request shall be received by the commission within thirty days after mailing of a certified copy of the order or decision to the applicant's last known address.  (b) Any person aggrieved by an order or decision of the commission on the sole ground that the order or decision was in excess of the commission's authority or jurisdiction, shall have a right of appeal to the circuit court of the circuit in which the person resides; provided the appeal is filed within thirty days after mailing of an original or a certified copy of the order or decision to the applicant's last known address. Except as otherwise provided in this section, orders and decisions of the commission shall be conclusive and not subject to judicial review. [L 1967, c 226, pt of §1; HRS §351-17; am L 1972, c 61, §1b; am L 1979, c 111, §15; am L 1989, c 177, §7; am L 1992, c 260, §4; am L 1996, c 235, §3; am L 1998, c 240, §5] Case Notes  Decision must comply with requirements of §91-12. 54 H. 294, 506 P.2d 444 (1973).  Where action of commission involves construction of statute, a question of law is presented and appeal lies. 63 H. 254, 625 P.2d 372 (1981).
HI Rev Stat § 351-32 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|351. Crime Victim Compensation|351-32 Violent crimes.

 §351-32 Violent crimes. 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] Case Notes  Trial court was not authorized, under §706-605, to order defendant to pay restitution to the Honolulu police department for its drug "buy money" expenses where (1) it was unlikely that ordering defendant to pay restitution would aid defendant in developing a degree of self-respect and pride in knowing that defendant has righted the wrong committed; and (2) department did not qualify as a "crime victim" under chapter 351 and defendant's offenses did not qualify as a "violent crime" under this section. 93 H. 34 (App.), 995 P.2d 335 (2000).
HI Rev Stat § 351-33 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|351. Crime Victim Compensation|351-33 Award of compensation.

  §351-33 Award of compensation. The commission may order the payment of compensation under this part for:  (1) Expenses actually and reasonably incurred during the period of the injury or death of the victim;  (2) Loss to the victim of earning power as a result of total or partial incapacity;  (3) Pecuniary loss to the dependents of the deceased victim;  (4) Pain and suffering to the victim;  (5) Any other pecuniary loss directly resulting from the injury or death of the victim that the commission determines to be reasonable and proper;  (6) Expenses actually and reasonably incurred for mental health services in the case of a mass casualty incident;  (7) Expenses actually and reasonably incurred for mental health services to or for the benefit of the surviving relatives in the case of a deceased victim; and  (8) Expenses actually and reasonably incurred for mental health services for a child witness in the case of a crime of abuse of family or household member. [L 1967, c 226, pt of §1; HRS §351-33; am L 1995, c 182, §4; am L 1998, c 240, §5; am L 2000, c 57, §5; am L 2019, c 237, §2] Case Notes  Defendant's argument that a crime victim who received indemnification from an insurer did not suffer a "loss" within the meaning of §706-646 was without merit; the only exception for or reduction of restitution plainly stated in §706-646 is that any amount actually recovered by the victim from the criminal should be deducted from the amount the victim might recover from the crime victim compensation special fund pursuant to this section. 121 H. 135 (App.), 214 P.3d 1125 (2009).
HI Rev Stat § 351-34 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|351. Crime Victim Compensation|351-34 REPEALED.

 §351-34 REPEALED. L 1989, c 177, §11.
HI Rev Stat § 351-35 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|351. Crime Victim Compensation|351-35 Recovery from offender.

 §351-35 Recovery from offender. Whenever any person is convicted of an offense that includes any crime enumerated in section 351-32 and an order or the payment of compensation is or has been made under this part for injury or death resulting from the act or omission constituting such offense, the commission may institute a derivative action against the person and against any person liable at law on the person's behalf, in the name of the victim or such of the victim's dependents as have been awarded compensation under this part in the circuit court of the circuit in which any such person resides or is found, for such damages as may be recoverable at common law by the victim or such dependents without reference to the payment of compensation under this part. The court shall have jurisdiction to hear, determine, and render judgment in any such action. The time from the occurrence of the act or omission until conviction of the offense and, thereafter, as long as the offender is in confinement for conviction of the offense, shall not constitute any part of the time limited for the commencement of the action by the commission under the applicable statute of limitations. Any recovery in the action shall belong to the State, provided that the commission shall amend its order of compensation to provide for the payment of any portion of the recovery in excess of the amount of compensation prescribed in the order to any of the persons entitled to receive compensation under section 351-31 in such proportions and upon such terms as the commission shall deem appropriate. If the legislature fails to appropriate funds to pay all or any part of the award of payment made by the commission and there is a recovery of the money from the offender, the commission shall pay all of such recovery to the claimant or such portion thereof, to the claimant as to the commission appears just and equitable, but in no case shall any claimant be given an award in excess of both the recovery and the award. [L 1967, c 226, pt of §1; HRS §351-35; gen ch 1993; am L 1998, c 240, §5]
HI Rev Stat § 351-51 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|351. Crime Victim Compensation|351-51 Eligibility for compensation.

  §351-51 Eligibility for compensation. In the event a private citizen incurs injury or property damage in preventing the commission of a crime within the State, in apprehending a person who has committed a crime within the State, or in materially assisting a peace officer who is engaged in the prevention or attempted prevention of such a crime or the apprehension or attempted apprehension of such a person, the commission may, in its discretion, upon an application, order the payment of compensation in accordance with this chapter:  (1) To or for the benefit of the private citizen; or  (2) To any person responsible for the maintenance of the private citizen, where that person has suffered pecuniary loss or incurred expenses as a result of the private citizen's injury. [L 1967, c 226, pt of §1; HRS §351-51; am L 1998, c 240, §5]
HI Rev Stat § 351-52 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|351. Crime Victim Compensation|351-52 Award of compensation.

 §351-52 Award of compensation. The commission may order the payment of compensation under this part for:  (1) Expenses actually and reasonably incurred during the period of the injury of the private citizen;  (2) Pain and suffering to the private citizen;  (3) Loss to the private citizen of earning power as a result of total or partial incapacity; and  (4) Pecuniary loss to the private citizen directly resulting from damage to the citizen's property. [L 1967, c 226, pt of §1; HRS §351-52; gen ch 1985; am L 1995, c 182, §5; am L 1998, c 240, §5]
HI Rev Stat § 351-61 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|351. Crime Victim Compensation|351-61 Terms of order.

  §351-61 Terms of order. Except as otherwise provided in this chapter, any order for the payment of compensation under this chapter may be made on such terms as the commission deems appropriate. Without limiting the generality of the preceding sentence, the order may provide for apportionment of the compensation, for the holding of the compensation or any part thereof in trust, for the payment of the compensation in a lump sum or periodic installments, and for the payment of compensation for hospital, medical, funeral, or burial expenses directly to the person who has provided such services. All such orders shall contain words clearly informing the claimant that all awards and orders for payments under this chapter are subject to the making of an appropriation by the legislature to pay the claim, except as otherwise provided in section 351-62.5. [L 1967, c 226, pt of §1; HRS §351-61; am L 1972, c 61, §1d; am L 1998, c 240, §5]
HI Rev Stat § 351-62 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|351. Crime Victim Compensation|351-62 Limitations upon award of compensation.

 §351-62 Limitations upon award of compensation. (a) No order for the payment of compensation shall be made under this chapter unless the application has been made within eighteen months after the date of injury, death, or property damage; provided that upon a showing of good cause, the commission may consider applications filed beyond this time period.  (b) No compensation shall be awarded under this chapter in an amount in excess of $10,000; provided that, if a case involves compensable medical expenses in excess of $10,000, no compensation shall be awarded in excess of $20,000 or the actual amount of compensable medical expenses, whichever is lower. In determining the amount of compensable medical expenses to be awarded, the commission shall deduct amounts or benefits as provided under section 351-63. [L 1967, c 226, pt of §1; HRS §351-62; am L 1989, c 177, §10; am L 2002, c 97, §1] Attorney General Opinions  $10,000 is maximum award for particular victim and compensation to dependents of deceased victim may not in aggregate exceed that sum. Att. Gen. Op. 69-22.
HI Rev Stat § 351-62.5 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|351. Crime Victim Compensation|351-62.5 Crime victim compensation special fund; when payments authorized.

  §351-62.5 Crime victim compensation special fund; when payments authorized. (a) There is established a crime victim compensation special fund from which the commission may make payments as provided in subsection (b). The fund shall be administered by the director of public safety for purposes of this chapter. Interest and investment earnings credited to the assets of the fund shall become part of the fund. Any balance remaining in the fund at the end of any fiscal year shall be carried forward for the next fiscal year.  (b) Where the commission has made an award pursuant to this chapter, the commission shall make the payments to or on behalf of the victim or one or more of the dependents of a deceased victim, or to or for the benefit of other persons who have suffered pecuniary loss or incurred expenses on account of hospital, medical, funeral, or burial expenses as a result of the victim's injury or death. Victims or dependents entitled to receive awards shall be notified of the option to have payments made on their behalf to other designated persons. Payments made pursuant to this section shall not exceed the total amount of the award.  (c) The amount appropriated under section 351-70 shall be redeposited into the fund and applied to other payments as authorized by the commission.  (d) Funds received pursuant to section 354D-12(b)(1) and amounts received pursuant to sections 351-35, 351-62.6, 351-63, 706-605, and 853-1 shall be deposited into the crime victim compensation special fund. Moneys received shall be used for compensation payments, operating expenses, salaries of positions as authorized by the legislature, and collection of fees. The commission may enter into memorandums of agreement with the judiciary for the collection of fees by the judiciary; provided that no funds shall be deposited by the judiciary into the crime victim compensation special fund until collected. [L 1972, c 61, §1f; am L 1974, c 204, §1; am L 1988, c 322, §1; am L 1992, c 125, §1; am L 1993, c 219, §3; am L 1998, c 206, §3 and c 240, § §5, 7; am L 1999, c 278, § §4, 7; am L 2000, c 115, §1; am L 2001, c 176, §2]
HI Rev Stat § 351-62.6 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|351. Crime Victim Compensation|351-62.6 Compensation fee.

  §351-62.6 Compensation fee. (a) The court shall impose a compensation fee upon every defendant who has been convicted or who has entered a plea under section 853-1 and who is or will be able to pay the compensation fee. The amount of the compensation fee shall be commensurate with the seriousness of the offense as follows:  (1) Not less than $105 nor more than $505 for a felony;  (2) $55 for a misdemeanor; and  (3) $30 for a petty misdemeanor. The compensation fee shall be separate from any fine that may be imposed under section 706-640 and shall be in addition to any other disposition under this chapter; provided that the court shall waive the imposition of a compensation fee if the defendant is unable to pay the compensation fee. Moneys from the compensation fees shall be deposited into the crime victim compensation special fund under section 351-62.5.  (b) The criteria of section 706-641 may apply to this section. In setting the amount of the compensation fee to be imposed, the court shall consider all relevant factors, including but not limited to:  (1) The seriousness of the offense;  (2) The circumstances of the commission of the offense;  (3) The economic gain, if any, realized by the defendant;  (4) The number of victims; and  (5) The defendant's earning capacity, including future earning capacity.  (c) The compensation fee shall be considered a civil judgment. [L 1998, c 206, §2; am L 1999, c 18, §8; am L 2000, c 115, §2; am L 2005, c 144, §1]
HI Rev Stat § 351-63 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|351. Crime Victim Compensation|351-63 Recovery from collateral source.

 §351-63 Recovery from collateral source. (a) In determining the amount of compensation to be awarded under this chapter, the commission shall deduct amounts or benefits received or to be received from any source, whether from the offender or from any person on behalf of the offender, or from public or private funds, and which amounts or benefits result from or are in any manner, directly or indirectly, attributable to the injury or death which gave rise to the award; provided that no deduction shall be made for death benefits received or to be received under any insurance policy covering the life of a deceased victim.  (b) Where compensation is awarded under this chapter and the person receiving same also receives any sum required to be, and that has not been deducted under subsection (a), the person shall refund to the State the lesser of the sum or the amount of the compensation paid to the person under this chapter. [L 1967, c 226, pt of §1; HRS §351-63; am L 1972, c 61, §1e; gen ch 1985; am L 1998, c 240, §5] Attorney General Opinions  Amount of welfare payments made to victim for food and necessities during disability is not deductible from compensation awarded. Att. Gen. Op. 69-27. Case Notes  Collateral benefits are deductible from gross economic loss plus pain and suffering without regard to the $10,000 maximum on awards. 63 H. 254, 625 P.2d 372 (1981).
HI Rev Stat § 351-64 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|351. Crime Victim Compensation|351-64 No double recovery.

 §351-64 No double recovery. Application may be made by any eligible person for compensation under both parts III and IV of this chapter, but no order shall have the effect of compensating any person more than once for any loss, expense, or other matter compensable under this chapter. [L 1967, c 226, pt of §1; HRS §351-64]