reglab/housing_qa huggingface dataset:
HI Rev Stat § 705-524 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|705. Inchoate Crimes|705-524 Venue in criminal conspiracy prosecutions. §705-524 Commentary:

  §705-524 Venue in criminal conspiracy prosecutions. For purposes of determining venue in a prosecution for criminal conspiracy, a criminal conspiracy is committed in any circuit in which the defendant enters into the conspiracy and in any circuit in which the defendant or person with whom the defendant conspires does an overt act. [L 1972, c 9, pt of §1; gen ch 1993] COMMENTARY ON §705-524  Section 705-524 is aimed at affording the defendant constitutional venue protection. The Sixth Amendment to the Federal Constitution provides that in "all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed." However, the use of a conspiracy charge under current, loose definitions of conspiracy dilute this protection. The unilateral approach of the Code, its limited definition and scope of conspiracy, and section 705-524 combine to establish proper venue. As the Model Penal Code commentary points out:  It is contemplated that the stricter tests of a conspiracy's scope advanced in the Draft will considerably limit the present dilution of the constitutional protection. [Section 705-524] explicitly provides that proper venue for a conspiracy charge will be tested by the defendant's agreement or overt act or an overt act of a person with whom he conspired. It assures that in complex cases involving a number of separate conspiracies, venue as to each conspiracy with which each defendant is charged will not be laid on the basis of an overt act done pursuant to a different conspiracy or by a person with whom he did not conspire.1 __________  §705-524 Commentary: 1. M.P.C., Tentative Draft No. 10, comments at 138-39 (1960).
HI Rev Stat § 705-531 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|705. Inchoate Crimes|705-531 Multiple convictions.

  §705-531 Multiple convictions. A person may not be convicted of more than one offense defined by this chapter for conduct designed to commit or culminate in the commission of the same substantive crime. [L 1972, c 9, pt of §1] COMMENTARY ON §705-531  This section reflects a position which underlies much of this chapter: that the danger which is represented by inchoate crimes lies in the possibility that the substantive will be carried to fruition because of disposition of the defendant. Hence any number of stages preparatory to the commission of a given offense, if taken together, still only constitute a single danger: that the crime contemplated will be committed. Such a rationale precludes cumulating convictions of attempt, solicitation, and conspiracy to commit the same offense. Section 705-531 precludes conviction of more than one inchoate crime for conduct intended to result in the commission of the same offense.  There was nothing in previous Hawaii law to prevent prosecution of multiple inchoate offenses for conduct intended to result in the commission of a single crime. Case Notes  "Convicted" means guilty verdict, not sentence and judgment; under this section and §701-109, defendant cannot be found guilty of being an accomplice to an attempted crime and of conspiracy to commit the same crime. 5 H. App. 651, 706 P.2d 1326 (1985).  Under this section and §701-109, defendant cannot be found guilty of conspiracy to commit crime and the crime itself. 5 H. App. 670, 706 P.2d 1331 (1985).
HI Rev Stat § 706-600 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|706. Disposition of Convicted Defendants|706-600 Sentence in accordance with this chapter. §706-600 Commentary:

Law Journals and Reviews Comments and Questions About Mental Health Law in Hawaii. 13 HBJ, no. 4, at 13 (1978).  §706-600 Sentence in accordance with this chapter. No sentence shall be imposed otherwise than in accordance with this chapter. [L 1972, c 9, pt of §1; am L 1986, c 314, §10] COMMENTARY ON §706-600  This section establishes that dispositions for all offenses--whether defined within or outside of the Penal Code--are to be imposed in accordance with this chapter and that, except for the power of the court to impose "incidental civil sanctions such as forfeitures of property, suspension or cancellation of licenses, removal from office and the like," as provided in §706-605(4), "the only dispositions authorized are those permitted by the Code."[1]  The Penal Code, in centralizing provisions relating to the disposition of convicted defendants in one chapter, differs from previous law which provided a separate sanction (fine or imprisonment or both) for each offense. This resulted in authorized sentences which, when considered in relation to the potential danger to the person resulting from the commission of each offense, gave rise to a sense of inconsistency. An act of destruction of real or personal property with intent to hinder the United States in its military preparations was given a 20-year sentence and a $10,000 fine[2] while kidnapping was deemed worthy of a life sentence but only a $1,000[3] fine. An offense delicately called "carnal abuse" of a female child under twelve years of age was punishable by life imprisonment,[4] whereas manslaughter, defined as killing without malice aforethought, received a relatively lenient ten-year sentence.[5] Larceny from the person drew a two-year sentence and a $2,000 fine,[6] whereas simple larceny, not involving any potential danger to the person, was punished by a ten-year sentence but no fine at all.7 None of the penalties mentioned is inherently wrong, although most are questionable, but taken together they reflect no consistent policy.  By centralizing sentencing the Code seeks to achieve an internal consistency which is lacking under previous law. Case Notes  As §706-661 and this section do not authorize a court to impose a single sentence on a defendant who has been convicted of multiple charges, trial court did not violate plea agreement by imposing a life term for each class A felony defendant was convicted of, and then running each life term concurrently. 91 H. 20, 979 P.2d 1046 (1999). __________  §706-600 Commentary: 1. M.P.C., Tentative Draft No. 2, comments at 12 (1954). 2. H.R.S. §767-2. 3. Id. §749-1. 4. Id. §768-36. 5. Id. §748-7. 6. Id. §750-22. 7. Id. §750-19.
HI Rev Stat § 706-600.5 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|706. Disposition of Convicted Defendants|706-600.5 Definitions of terms in this chapter.

  §706-600.5 Definitions of terms in this chapter. In this chapter, unless a different meaning plainly is required:  "Day" means a twenty-four-hour period of time.  "Month" means a thirty-day period of time.  "Secure drug treatment facility" means a facility employing security protocols modeled after a minimum-security detention center, including continuous direct supervision.  "Year" means a three hundred sixty-five-day period of time. [L 1987, c 202, §1; am L Sp 2009, c 4, §1] COMMENTARY ON §706-600.5  Act 202, Session Laws 1987, clarified the time periods within this chapter by providing definitions for a "day," "month," and "year." This clarification should eliminate confusion by law enforcement personnel in regard to these time periods. House Standing Committee Report No. 556.  Act 4, Special Session Laws 2009, promoted the rehabilitation of convicted drug offenders through alternatives to incarceration by authorizing the placement of certain drug offenders in secure drug treatment facilities. Conference Committee Report No. 25. Act 4 amended this section by adding the definition of "secure drug treatment facility."
HI Rev Stat § 706-600.6 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|706. Disposition of Convicted Defendants|706-600.6 Time of release.

  §706-600.6 Time of release. A person imprisoned whose term of imprisonment ends between the hours of 9:00 p.m. to 12:00 midnight, may be released at 9:00 p.m. A person imprisoned whose term of imprisonment ends between the hours of 12:00 midnight to 7:00 a.m. may be released at 9:00 p.m. the day before the person's scheduled release. [L 1987, c 202, §2; gen ch 1992] COMMENTARY ON §706-600.6  Act 202, Session Laws 1987, clarified the "time of release" for prisoners. House Standing Committee Report No. 556.
HI Rev Stat § 706-605.5 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|706. Disposition of Convicted Defendants|706-605.5 REPEALED.

  §706-605.5 REPEALED. L 2016, c 231, §30.
HI Rev Stat § 706-605.6 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|706. Disposition of Convicted Defendants|706-605.6 Assault against a sports official.

  §706-605.6 Assault against a sports official. (1) If a person is convicted of the offense of:  (a) Assault in the first degree, as provided by section 707-710;  (b) Assault in the second degree, as provided by section 707-711(a), (b), or (d);  (c) Assault in the third degree, as provided by section 707-712;  (d) Terroristic threatening in the first degree, as provided by section 707-716(a), (e), or (f); or  (e) Terroristic threatening in the second degree, as provided by section 707-717; and the victim of the offense is a sports official engaged in the lawful discharge of the sports official's duties, the court may order, in the court's discretion, that the defendant, in addition to any other punishment imposed pursuant to chapter 706, be enjoined from attending any sports event of the type at which the sports official was engaged in the lawful discharge of the sports official's duties for a period of up to twelve months from the date of sentencing for a first offense, and for life for a second or subsequent offense.  (2) For the purposes of this section:  "Lawful discharge of the sports official's duty" means the performance of duties of a sports official from the time the sports official arrives at the venue of a sports event and ending when the sports official returns to their residence or business.  "Sports event" means any organized amateur or professional athletic contest in the State.  "Sports official" means a person at a sports event who enforces the rules of the event, such as an umpire, referee, timer, or scorer, or a person who supervises the participants, such as a coach, regardless of whether the person is paid or provides their services as an unpaid volunteer. [L 2020, c 58, §1] COMMENTARY ON §706-605.6  Act 58, Session Laws 2020, established this section to authorize courts to enjoin a defendant convicted of certain assault or terroristic threatening offenses from attending sports events of the type at which the victim was engaged in the lawful discharge of the victim's duties as a sports official during the commission of the offense. The legislature found that unruly spectators and fans were a contributing factor to a shortage of sports officials in Hawaii, particularly in cases involving threats of bodily harm or assault. The legislature further found that Act 58 would deter these kinds of threats and assaults against sports officials. House Standing Committee Report No. 1253-20.
HI Rev Stat § 706-606.1 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|706. Disposition of Convicted Defendants|706-606.1 REPEALED.

  §706-606.1 REPEALED. L 1986, c 314, §16.
HI Rev Stat § 706-606.6 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|706. Disposition of Convicted Defendants|706-606.6 Repeat violent and sexual offender; enhanced sentence.

  §706-606.6 Repeat violent and sexual offender; enhanced sentence. (1) Notwithstanding any other provision of law to the contrary, any person who is convicted of an offense under section 707-701.5, 707-702, 707-730, 707-731, 707-732, 707-733.6, 707-750, 708-840, 712-1202, 712-1203, or 712-1209.1, after having been convicted on at least three prior and separate occasions of an offense under section 707-701.5, 707-702, 707-710, 707-711, 707-730, 707-731, 707-732, 707-733.6, 707-750, 708-840, 712-1202, 712-1203, or 712-1209.1, or of an offense under federal law or the laws of another state that is comparable to an offense under section 707-701.5, 707-702, 707-710, 707-711, 707-730, 707-731, 707-732, 707-733.6, 707-750, 708-840, 712-1202, 712-1203, or 712-1209.1, shall be sentenced to an extended term of imprisonment as provided in section 706-661.  (2) A conviction shall not be considered a prior offense unless the conviction occurred within the following time periods:  (a) For an offense under section 707-701.5, 707-702, 707-730, 707-733.6, 707-750, 708-840, 712-1202, 712-1203, or 712-1209.1, within the past twenty years from the date of the instant offense;  (b) For an offense under section 707-710 or 707-731, within the past ten years from the date of the instant offense;  (c) For an offense under section 707-711 or 707-732, within the past five years from the date of the instant offense; or  (d) For an offense under federal law or the laws of another state that is comparable to an offense under section 707-701.5, 707-702, 707-710, 707-711, 707-730, 707-731, 707-732, 707-733.6, 707-750, 708-840, 712-1202, 712-1203, or 712-1209.1, within the maximum term of imprisonment possible under the appropriate jurisdiction. [L 1999, c 286, §1; am L 2006, c 60, §4; am L 2014, c 114, §2] COMMENTARY ON §706-606.6  Act 286, Session Laws 1999, added this section, mandating an extended term of imprisonment for multiple offenses, to heighten penalties for habitual violent and sexual offenders. The legislature found that repeat violent and sexual offenders deserve some degree of enhanced sentencing. Conference Committee Report No. 89.  Act 60, Session Laws 2006, amended this section by deleting the references to §707-733.5, repealed by Act 60, and substituting references to §707-733.6, added by Act 60. Act 60 reenacted provisions that define the behavior that constitutes the crime of continuous sexual assault of a minor under the age of fourteen years and the unanimity that is required to convict a person of the crime. House Standing Committee Report No. 150-06.  Act 114, Session Laws 2014, amended this section to include the offenses of promoting prostitution in the first and second degrees, and solicitation of a minor for prostitution. Senate Standing Committee Report No. 3249, Conference Committee Report No. 41-14.
HI Rev Stat § 706-622 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|706. Disposition of Convicted Defendants|706-622 Requirement of probation; exception.

  §706-622 Requirement of probation; exception. When a person who has been convicted of a felony is not sentenced to imprisonment, the court shall place the person on probation. Nothing in this part shall prohibit the court from suspending any sentence imposed upon persons convicted of a crime other than a felony. [L 1972, c 9, pt of §1; am L 1986, c 314, §23; gen ch 1992] COMMENTARY ON §706-622  Once the decision has been made to withhold a sentence of imprisonment, some criteria must be stated for choosing between suspending sentence and sentencing the defendant to probation. The Code favors placing the defendant on probation if the defendant needs "the supervision, guidance, assistance, or direction that the probation service can provide." In the case of defendants convicted of serious crimes, probation will be the usual sentence (if imprisonment is withheld). For those defendants convicted of minor crimes (especially first offenders), a suspended sentence may suffice.
HI Rev Stat § 706-622.8 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|706. Disposition of Convicted Defendants|706-622.8 First-time drug offender prior to 2004; probation; expungement

  §706-622.8 First-time drug offender prior to 2004; probation; expungement. A person sentenced prior to July 1, 2004, for a first-time drug offense, pursuant to section 706-622.5, and who otherwise meets all the requirements of section 706-622.5, may apply to the court for expungement of the record of conviction for the drug offense. The court shall issue a court order to expunge the record of conviction for the drug offense; provided the person has successfully completed a substance abuse treatment program and has complied with the other terms and conditions set by the court. A person granted an expungement of conviction under this section or section 706-622.5(4) shall not be eligible for another expungement of conviction under this section or section 706-622.5. [L 2006, c 58, §1] COMMENTARY ON §706-622.8  Act 58, Session Laws 2006, added this section to allow a person sentenced prior to July 1, 2004, for a first-time drug offense pursuant to §706-622.5, who completed a drug treatment program and complied with the terms set by the court, to apply for expungement of the record of conviction. Act 58 corrected a drafting error in Act 161, Session Laws 2002, which authorized an expungement of the record of arrest rather than the record of conviction. Act 44, Session Laws 2004, corrected the error, authorizing the expungement of the record of conviction, but only prospectively from its effective date, July 1, 2004. This led to the inconsistent result of some defendants being permitted to expunge their record of conviction and others not being able to do so. Act 58 permitted defendants sentenced prior to Act 44, Session Laws 2004, to expunge their record of conviction. Senate Standing Committee Report No. 3212.
HI Rev Stat § 706-624.5 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|706. Disposition of Convicted Defendants|706-624.5 Notice of probation.

  §706-624.5 Notice of probation. (1) Whenever the court places a defendant convicted of an offense against the person as described in chapter 707, or of an attempt to commit such an offense on probation without requiring the serving of a term of imprisonment, the court shall provide written notice to each victim of such offense of the probation, whenever the victim has made a written request for such notice. Notice shall be given to the victim at the address given on the request for notice or such other address as may be provided to the court by the victim from time to time.  (2) 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 1983, c 184, §2(1); am L 1986, c 314, §26] Cross References  Notice of escape, see §706-673.  Rights of victims and witnesses in criminal proceedings, see chapter 801D. COMMENTARY ON §706-624.5  Act 184, Session Laws 1983, added this section to require notification to a crime victim if a defendant who harmed the victim is released into the community after conviction. This addition was intended to insure that crime victims "are treated with fairness and respect" and that agencies in the criminal justice system cooperate with each other to provide information and other help to crime victims. House Conference Committee Report No. 46.
HI Rev Stat § 706-628 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|706. Disposition of Convicted Defendants|706-628 REPEALED.

  §706-628 REPEALED. L 1985, c 192, §3. Cross References  For similar provisions, see §706-625.
HI Rev Stat § 706-631 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|706. Disposition of Convicted Defendants|706-631 Probation is a final judgment for other purposes.

  §706-631 Probation is a final judgment for other purposes. A judgment sentencing a defendant to be placed on probation shall be deemed tentative, to the extent provided in this chapter, but for all other purposes shall constitute a final judgment. [L 1972, c 9, pt of §1; am L 1986, c 314, §32] COMMENTARY ON §706-631  This section is addressed to the question of finality inherent in every disposition involving suspension of sentence or sentence to probation. As § §706-625 and 628 indicate, the conditions of suspension or probation may be modified or the disposition itself may be revoked. These features of suspension or probation are, of course, necessary in order that the sentencing authority can maintain control over the disposition. However, merely because the sentencing court maintains some continuing flexibility with respect to the disposition, the conviction and disposition should not be regarded as lacking finality for other purposes such as constituting a judgment for purposes of appeal and a prior conviction for purposes of extended imprisonment.  This section, therefore, provides that a suspension of sentence or sentence to probation shall be deemed tentative to the extent provided in chapter 706, but for all other purposes such disposition shall constitute a final judgment.
HI Rev Stat § 706-642 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|706. Disposition of Convicted Defendants|706-642 Time and method of payment.

  §706-642 Time and method of payment. (1) When a defendant is sentenced to pay a fine, the court may grant permission for the payment to be made within a specified period of time or in specified installments. If no such permission is embodied in the sentence, the fine shall be payable forthwith by cash, check, or by a credit card approved by the court.  (2) When a defendant sentenced to pay a fine is also sentenced to probation, the court may make the payment of the fine a condition of probation.  (3) When a defendant sentenced to pay a fine is also ordered to make restitution or reparation to the victim or victims, or to the person or party who has incurred loss or damage because of the defendant's crime, the payment of restitution or reparation shall have priority over the payment of the fine, pursuant to section 706-651. No fine shall be collected until the restitution or reparation order has been satisfied. [L 1972, c 9, pt of §1; am L 1980, c 50, §3; am L 1986, c 226, §2; am L 2016, c 231, §24] COMMENTARY ON §706-642  This section merely gives the court specific statutory authorization for two common sentencing practices: (1) installment payments of a fine, and (2) making a fine one of the conditions of continued probation. SUPPLEMENTAL COMMENTARY ON §706-642  Act 50, Session Laws 1980, authorized the payment of fines by credit cards in recognition of the widespread use of credit cards and to enable the courts to take advantage of an efficient system of collection.  Act 226, Session Laws 1986, ensured that, in cases where both fines and restitution are imposed, the latter has priority; no fine is to be collected until the restitution order is satisfied. In enacting this change, the legislature stated that it "supports the concept of restitution as a valuable means of compensating losses incurred by victims and confronting the offender with the direct personal consequences of the crime." Senate Standing Committee Report No. 798-86.  Act 231, Session Laws 2016, amended subsection (3) to implement recommendations made by the Penal Code Review Committee convened pursuant to House Concurrent Resolution No. 155, S.D. 1 (2015). Case Notes  Where defendant was sentenced pursuant to §431:10C-117(a)(2), because the district court may have been unaware of the applicability of quoted parts of §706-641 and this section and of its discretionary authority to sentence defendant to perform community service rather than to pay the fine, appellate court vacated the part of the sentence ordering defendant to pay a $1,000 fine and remanded that part for resentencing. 77 H. 476 (App.), 888 P.2d 376 (1995).