reglab/housing_qa huggingface dataset:
HI Rev Stat § 351-64.5 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|351. Crime Victim Compensation|351-64.5 Recovery of compensation paid. (a) Any person who has received under this chapter any amount as compensation to which the person was not entitled shall be liable for that amount unless the overpayment was received without fault on the part of the recipient and its recovery would be against equity and good conscience. The order or decision shall specify that the person is liable to repay to the fund the amount of overpaid compensation and the basis of the overpayment. (b) The person liable shall, in the discretion of the commission, either repay any amount to the crime victim compensation special fund or have such amount deducted from any future compensation payable to the person under this chapter. (c) Failure to comply with the provisions of this section by the person liable to repay overpaid compensation may at the discretion of the commission, result in civil action in the name of the State by the attorney general. [L 1996, c 236, §2; am L 1998, c 240, §7; am L 1999, c 18, §9]

 §351-64.5 Recovery of compensation paid. (a) Any person who has received under this chapter any amount as compensation to which the person was not entitled shall be liable for that amount unless the overpayment was received without fault on the part of the recipient and its recovery would be against equity and good conscience. The order or decision shall specify that the person is liable to repay to the fund the amount of overpaid compensation and the basis of the overpayment.  (b) The person liable shall, in the discretion of the commission, either repay any amount to the crime victim compensation special fund or have such amount deducted from any future compensation payable to the person under this chapter.  (c) Failure to comply with the provisions of this section by the person liable to repay overpaid compensation may at the discretion of the commission, result in civil action in the name of the State by the attorney general. [L 1996, c 236, §2; am L 1998, c 240, §7; am L 1999, c 18, §9]
HI Rev Stat § 351-65 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|351. Crime Victim Compensation|351-65 Legal adviser.

 §351-65 Legal adviser. The attorney general shall serve as legal adviser to the commission. [L 1967, c 226, pt of §1; HRS §351-65; am L 1998, c 240, §5]
HI Rev Stat § 351-66 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|351. Crime Victim Compensation|351-66 Exemption from execution.

 §351-66 Exemption from execution. 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. [L 1967, c 226, pt of §1; HRS §351-66]
HI Rev Stat § 351-67 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|351. Crime Victim Compensation|351-67 Survival and abatement.

 §351-67 Survival and abatement. The rights to compensation created by this chapter are personal and shall not survive the death of the person or beneficiary entitled thereto, provided that if such death occurs after an application for compensation has been filed with the commission, the proceeding shall not abate, but may be continued by the legal representative of the decedent's estate. [L 1967, c 226, pt of §1; HRS §351-67; am L 1998, c 240, §5]
HI Rev Stat § 351-68 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|351. Crime Victim Compensation|351-68 Rulemaking powers.

 §351-68 Rulemaking powers. In the performance of its functions, the commission may adopt, amend, and repeal rules and regulations, not inconsistent with this chapter, prescribing the procedures to be followed in the filing of applications and the proceedings under this chapter and such other matters as the commission deems appropriate. [L 1967, c 226, pt of §1; HRS §351-68; am L 1998, c 240, §5] Cross References  Rulemaking, see chapter 91.
HI Rev Stat § 351-69 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|351. Crime Victim Compensation|351-69 Commission staff.

 §351-69 Commission staff. (a) Supervisory, administrative, and clerical personnel necessary for the efficient functioning of the commission shall be appointed as provided in section 26-35 without regard to chapter 76, but subject to chapter 89, and provided that:  (1) No position filled as of June 19, 2007 by an employee appointed pursuant to chapter 76 shall be affected by this section; and  (2) Upon becoming vacant, any position filled as of June 19, 2007 by an employee appointed pursuant to chapter 76 shall be filled by an employee appointed without regard to chapter 76.  (b) An executive director and an administrative assistant shall be appointed, without regard to chapter 76, for the proper administration and enforcement of this chapter. [L 1967, c 226, pt of §1; HRS §351-69; am L 1998, c 240, §5; am L 2001, c 176, §1; am L 2007, c 199, §2] Revision Note  "June 19, 2007" substituted for "the effective date of this Act".
HI Rev Stat § 351-70 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|351. Crime Victim Compensation|351-70 Annual report.

  §351-70 Annual report. The commission shall transmit annually to the governor and to the director of public safety, 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 public safety 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 public safety, or the legislature, the relevant data, including the names of all applicants for compensation, under this chapter. [L 1967, c 226, pt of §1; HRS §351-70; am L 1973, c 178, §2; am L 1974, c 204, §2; am L 1979, c 77, §1; am L 1989, c 211, §26 and c 251, §1; am L 1998, c 240, § §5, 7; am L 1999, c 18, §10]
HI Rev Stat § 351-81 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|351. Crime Victim Compensation|351-81 Deposit of copy of contract upon indictment or charge of criminal offense.

  §351-81 Deposit of copy of contract upon indictment or charge of criminal offense. Every person, firm, corporation, partnership, association, or other legal entity upon entering into a contract with any person indicted or charged with a criminal offense committed in this State or a representative or assignee of any such person, shall submit a copy of the contract to the commission if:  (1) The contract provides for monetary compensation payable to the person indicted or charged or payable at the person's direction; and  (2) The subject matter of the contract is the reenactment of the crime, or the expression of the thoughts, feelings, opinions, or emotions of the person about the criminal offense for which the person is indicted or charged which is to be reflected in a movie, book, article, radio or television program, or other form of communication. [L 1986, c 155, pt of §1]
HI Rev Stat § 351-82 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|351. Crime Victim Compensation|351-82 Effect of conviction upon contract; deposit of monetary compensation with the commission.

 §351-82 Effect of conviction upon contract; deposit of monetary compensation with the commission. If the person indicted or charged is subsequently convicted, the person, firm, corporation, partnership, association, or other legal entity which entered into a contract of the type identified in section 351-81 shall:  (1) Deposit fifty per cent of the monetary compensation paid under such contract into a collection account established by the commission pursuant to section 351-83 and deposit the other fifty per cent of such monetary compensation in a special account established by the commission pursuant to section 351-84 if a timely appeal from the conviction is filed and the contract provides that monetary compensation is payable to the convicted person; or  (2) Deposit all monetary compensation paid under such contract with the commission to a special account established pursuant to section 351-84, if a timely appeal from the conviction is:  (A) Filed and the contract provides that the monetary compensation is payable to a person other than the convicted person;  (B) Filed, the conviction is affirmed on appeal, and no further appellate action is allowed; or  (C) Not filed. [L 1986, c 155, pt of §1; am L 1998, c 240, §5]
HI Rev Stat § 351-83 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|351. Crime Victim Compensation|351-83 Collection account, creation, disbursements.

 §351-83 Collection account, creation, disbursements. 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]
HI Rev Stat § 351-84 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|351. Crime Victim Compensation|351-84 Special account, creation, disbursements.

 §351-84 Special account, creation, disbursements. (a) Monetary compensation received by the commission pursuant to section 351-82(2) shall be deposited into a special account established by the commission. The moneys deposited into the special account including interest earned shall be retained or disbursed by the commission pursuant to this section.  (b) Moneys deposited into the special account shall be used first as provided in section 351-83, if necessary, and then to reimburse the crime victim compensation special fund for payments made pursuant to this chapter for the crime committed by the convicted person.  (c) Moneys remaining after disbursement under subsection (b) shall be disbursed to a judgment creditor, for the purpose of satisfying a judgment, from the special account if:  (1) The judgment creditor is a victim, a victim's representative, or other person specified in section 351-31, or a person who is not specified in section 351-31 but is the victim of a crime subject to this part;  (2) The judgment is for the damages arising out of the criminal act of the convicted person;  (3) A certified copy of the judgment is presented to the commission; and  (4) There is no order staying the judgment or enjoining disbursement.  Judgment creditors shall be paid out of the special account in the order in which certified copies of the judgments are presented to the commission. [L 1986, c 155, pt of §1; am L 1988, c 141, §30; am L 1998, c 240, §7; am L 1999, c 18, §11]
HI Rev Stat § 351-85 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|351. Crime Victim Compensation|351-85 Collection, special accounts to be interest bearing.

 §351-85 Collection, special accounts to be interest bearing. All moneys deposited into the collection account or special account under this part shall be deposited into federally-insured interest-bearing accounts. [L 1986, c 155, pt of §1]
HI Rev Stat § 351-86 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|351. Crime Victim Compensation|351-86 Money deposited not subject to execution, levy, attachment, or lien.

 §351-86 Money deposited not subject to execution, levy, attachment, or lien. All moneys received by the commission pursuant to this part shall not be subject to execution, levy, attachment, or lien of any kind. [L 1986, c 155, pt of §1]
HI Rev Stat § 351-87 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|351. Crime Victim Compensation|351-87 Lien in favor of State.

 §351-87 Lien in favor of State. The failure of any person, firm, corporation, partnership, association, or legal entity to pay moneys over to the commission in accordance with this part shall create a debt owing to the commission from that person, firm, corporation, partnership, association, or legal entity and shall constitute a preferential lien in favor of the State which may be collected by the commission by civil process. [L 1986, c 155, pt of §1]
HI Rev Stat § 351-88 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|351. Crime Victim Compensation|351-88 Part not applicable; return of moneys held.

  §351-88 Part not applicable; return of moneys held. 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]
HI Rev Stat § 352-1 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|352. Hawaii Youth Correctional Facilities|352-1 Definitions.

 §352-1 Definitions. In this chapter, unless the context clearly indicates otherwise:  "Department" means the department of human services; provided that the powers, duties, and functions relating to the Hawaii youth correctional facilities shall be administered by the office of youth services.  "Director" means the executive director of the office of youth services.  "Discharge" means the ending of the executive director of the office of youth services' supervision of a person when the term of the person's commitment has ended or when the director believes the purpose of the term of commitment has been achieved.  "Furlough" means an authorized absence of short duration from a youth correctional facility.  "Parole" means the conditional release of a person committed to a youth correctional facility whereby the person remains in the custody of the director and under the supervision of the juvenile parole office.  "Term of commitment" means the time period during which family court retains jurisdiction over a person after adjudication. During the term of commitment, the family court may vest custody of the person in another person, organization, agency, facility, or other suitable entity. [L 1980, c 303, pt of §8(1); am L 1985, c 209, §4; am L 1986, c 297, §4; am L 1987, c 338, § §2, 10; am L 1989, c 211, §8; am L 1991, c 114, §2; am L 2003, c 95, §10(1)]
HI Rev Stat § 352-2 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|352. Hawaii Youth Correctional Facilities|352-2 REPEALED.

 §352-2 REPEALED. L 1985, c 156, §2.
HI Rev Stat § 352-2.1 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|352. Hawaii Youth Correctional Facilities|352-2.1 Purpose.

  §352-2.1 Purpose. (a) This chapter creates within the department of human services, and places within the office of youth services under the supervision of the director and such other subordinates as the director shall designate, the Hawaii youth correctional facilities, to provide for the custody, rehabilitation, and institutional care and services to prepare for reentry into their communities and families, youth committed by the courts of the State.  (b) This chapter further creates within the department of human services, and places within the office of youth services under the supervision of the director and such other subordinates as the director shall designate, and under the supervision of the Hawaii youth correctional facilities, the Kawailoa youth and family wellness center, to provide prevention, rehabilitation, and treatment services and programs for youth at risk and young adults at risk, to prevent delinquency and reduce the incidence of recidivism among youth and young adults in the State.  (c) The policy and purpose of this chapter is to harmonize the sometimes conflicting requirements of public safety, secure placement, and individualized services for law violators in the custody and care of the director. To that end, the director shall provide the opportunity for intelligence and aptitude evaluation, psychological testing and counseling, prevocational and vocational training, and employment counseling to all persons committed to the Hawaii youth correctional facilities and to all youth and young adults admitted to the Kawailoa youth and family wellness center. Counseling services shall be available to the committed or admitted person's family during the term of commitment to the Hawaii youth correctional facilities or admission to the Kawailoa youth and family wellness center. The director shall coordinate services provided to the facilities by other departments and agencies, to realize these policies and purposes.  (d) For purposes of this section, "youth at risk", "young adult at risk", and "young adult" have the same meaning as in section 352D-3. [L 1985, c 156, §3; am L 1987, c 338, §10; am L 1989, c 211, §8; am L 1991, c 114, §3; am L 2007, c 33, §1; am L 2018, c 208, §3] Case Notes  As this chapter clearly mandates that youth correctional facilities be placed under the supervision of the department of human services, the Hawaii youth correctional facility is a state correctional facility. 113 H. 60, 148 P.3d 493 (2006).
HI Rev Stat § 352-3 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|352. Hawaii Youth Correctional Facilities|352-3 Contracting with private agencies for residential youth facilities.

 §352-3 Contracting with private agencies for residential youth facilities. The department may contract with private agencies to provide residential youth facilities. [L 1980, c 303, pt of §8(1)]
HI Rev Stat § 352-4 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|352. Hawaii Youth Correctional Facilities|352-4 Rules and regulations.

 §352-4 Rules and regulations. The director may adopt rules and regulations to carry out the purposes of this chapter. The rules and regulations shall be approved by the governor but shall not be subject to chapter 91 or require publication in order to be valid and binding upon all committed persons and officers and employees of such facilities. The rules shall be printed from time to time. [L 1980, c 303, pt of §8(1)]
HI Rev Stat § 352-5 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|352. Hawaii Youth Correctional Facilities|352-5 Staff standards and training.

 §352-5 Staff standards and training. The director shall establish written standards of conduct and operation to govern each staff member during working hours. New staff members shall undergo initial training to prepare them to comply with the standards. Attendance at periodic training sessions shall be mandatory to increase staff members' effectiveness in carrying out their duties. For purposes of this section, "staff member" means any employee of the Hawaii youth correctional facilities who is directly involved with the treatment and care of persons committed to a facility. [L 1980, c 303, pt of §8(1)]
HI Rev Stat § 352-5.5 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|352. Hawaii Youth Correctional Facilities|352-5.5 Criminal history record checks.

  §352-5.5 Criminal history record checks. (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)]
HI Rev Stat § 352-6 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|352. Hawaii Youth Correctional Facilities|352-6 Appropriation made out of general revenues.

 §352-6 Appropriation made out of general revenues. All appropriations for the director and for facilities under the control of the director shall be made from and out of any available moneys received from the general revenues of the State and not out of the special fund for the maintenance of public schools. [L 1980, c 303, pt of §8(1)]
HI Rev Stat § 352-7 (2021)
2021 Hawaii Revised Statutes|Title 20. Social Services|352. Hawaii Youth Correctional Facilities|352-7 Records.

 §352-7 Records. The director shall establish a record of all facts relating to the admission, discharge, escape, death, medical history, programs, and significant occurrences concerning a committed person. An exact account shall also be kept of all moneys received for work performed by the committed persons and from authorized sources for the use of any committed person, as well as of the expenditure of such moneys as shall be authorized from time to time by the director. The director shall report any information collected except psychiatric reports to the juvenile justice information system. The date of preparation, the preparer, and the existence of a psychiatric report may be included in the juvenile justice information system. [L 1980, c 303, pt of §8(1); am L 1991, c 311, §3] Cross References  Juvenile justice information system, see chapter 846D.