reglab/statecodes huggingface dataset:
2023 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
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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).
2023 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).
2023 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).
2023 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
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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
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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
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35; gen ch 1993; am L 1998, c 240, §5]
2023 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]
2023 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
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52; gen ch 1985; am L 1995, c 182, §5; am L 1998, c 240, §5]
2023 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]
2023 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
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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.
2023 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 corrections and rehabilitation 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; am L 2022, c 278, §29]
2023 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]
2023 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
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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).
2023 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]
2023 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]
2023 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
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66]
2023 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
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67; am L 1998, c 240, §5]
2023 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
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68; am L 1998, c 240, §5]
Cross References
Rulemaking, see chapter 91.
2023 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
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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".
2023 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 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. [L 1967, c 226, pt of §1; HRS §351
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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; am L 2022, c 278, §29]
2023 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]
2023 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
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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
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83 and deposit the other fifty per cent of such monetary compensation in a special account established by the commission pursuant to section 351
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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
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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]
2023 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
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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
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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]
2023 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
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31, or a person who is not specified in section 351
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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]
2023 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]
2023 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]
2023 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]
2023 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
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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]
2023 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)]
2023 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).
2023 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)]
2023 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)]
2023 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)]
2023 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)]
2023 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.
2023 Hawaii Revised Statutes › Title 20. Social Services › 352. Hawaii Youth Correctional Facilities › 352-8 Guardianship and custody of the person committed.

§352-8 Guardianship and custody of the person committed.
(a) Notwithstanding any law to the contrary, the director shall be the guardian of every youth committed to or received at the Hawaii youth correctional facilities. The director shall have all the powers and duties of a natural guardian of the youth; provided that the director shall not be liable in damages for the tortious acts committed by the youth.
(b) The director shall have custody of any committed person who is eighteen years of age or older for the period provided for by the court. [L 1980, c 303, pt of §8(1); am L 2004, c 161, §36]
Case Notes
State has duty to exercise reasonable care in its supervision of persons committed to its custody. 61 H. 369, 604 P.2d 1198 (1979).
2023 Hawaii Revised Statutes › Title 20. Social Services › 352. Hawaii Youth Correctional Facilities › 352-8.5 Reentry plans; notification.

§352-8.5 Reentry plans; notification.
(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]
Note
Section applies to delinquent behavior committed on or after July 1, 2014. L 2014, c 201, §21.
2023 Hawaii Revised Statutes › Title 20. Social Services › 352. Hawaii Youth Correctional Facilities › 352-9 Period committed.

§352-9
Period committed.
(a) All persons committed to the Hawaii youth correctional facilities shall be committed for the period of their minority or as otherwise ordered by the court. Such persons may be placed on furlough or parole if deemed appropriate. The power to discharge a person committed to a youth correctional facility is reserved to the director; provided that the director shall give a thirty-day notice of such intended discharge to the appropriate court and to the prosecutor's office of the appropriate county. Prior court approval for furlough, parole, or discharge of all minors, committed by the family court to a youth correctional facility for the period of their minority or otherwise, shall be obtained when such is specifically required in the commitment order. In any case, no person nineteen years or older shall be incarcerated in a youth correctional facility.
(b) In those cases where the term of commitment to a youth correctional facility extends beyond the person's nineteenth birthday, the person shall be placed on juvenile parole pursuant to the original family court order for the balance of the person's term of commitment; provided that such term does not extend beyond the person's twentieth birthday unless earlier terminated. [L 1980, c 303, pt of §8(1); am L 1990, c 92, §1; am L 1997, c 325, §1; am L 1998, c 190, §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 352. Hawaii Youth Correctional Facilities › 352-10 Circuit court disposition of offenders under eighteen years.

§352-10 Circuit court disposition of offenders under eighteen years.
The circuit court shall commit all offenders under eighteen years of age, duly convicted before the court, to the Hawaii youth correctional facilities in all cases where the court deems the sentence to be more suitable than the punishment otherwise authorized by law. In such a case, when the term of confinement ordered by the court extends beyond the offender's eighteenth birthday, the offender shall, upon reaching the age of eighteen, be committed to the custody of the department of corrections and rehabilitation for completion of the sentence. Persons committed to the Hawaii youth correctional facilities under this section may be furloughed or paroled by the director, unless the commitment order issued by the court requires prior approval by the court or unless the offender is subject to a mandatory term of imprisonment which term has not yet expired. [L 1980, c 303, pt of §8(1); am L 1997, c 318, §1; am L 2021, c 61, §2; am L 2022, c 278, §29]
2023 Hawaii Revised Statutes › Title 20. Social Services › 352. Hawaii Youth Correctional Facilities › 352-11 Commitments directed, how.

§352-11 Commitments directed, how.
All commitments from the family courts of the State shall be directed to the director and may specify the appropriate facility for placement purposes. The committing court or judge shall designate a juvenile probation officer, police officer, or any qualified person to deliver the committed person to a youth correctional facility. The officer or person designated to deliver the committed person to the designated facility shall be charged by such commitment with the execution of all orders for the custody and safekeeping of the person committed to the director until delivered to the director or the director's duly authorized agent. All direct expenses excluding salaries or wages attending the delivery of such committed persons to their places of destination shall be paid by the court. The director shall be charged by such commitments with the execution of all orders for the custody, placement, and safekeeping of the committed persons. [L 1980, c 303, pt of §8(1)]
2023 Hawaii Revised Statutes › Title 20. Social Services › 352. Hawaii Youth Correctional Facilities › 352-12 Segregation of committed persons.

§352-12 Segregation of committed persons.
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. [L 1980, c 303, pt of §8(1)]
2023 Hawaii Revised Statutes › Title 20. Social Services › 352. Hawaii Youth Correctional Facilities › 352-13 Evaluation, counseling, training.

§352-13 Evaluation, counseling, training.
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 youth correctional facilities. Counseling services shall be available for the committed person's family including a reciprocal beneficiary, during the term of commitment. [L 1980, c 303, pt of §8(1); am L 1997, c 383, §50]