2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 706. Disposition of Convicted Defendants › 706-673 Notice of escape.

§706-673 Notice of escape.
(1) As used in this section, the following terms have the following meanings:
"Offense against the person" means any of the offenses described in chapter 707 and includes any attempt to commit any of those offenses.
"Prisoner" means a person who has been convicted of an offense against the person.
"Surviving immediate family member" means a person who is a surviving grandparent, parent, sibling, spouse or reciprocal beneficiary, child, or legal guardian of a deceased victim.
"Victim" means the person who was the victim of the offense against the person for which the prisoner was convicted.
(2) Upon written request, the department of corrections and rehabilitation shall give notice of the escape of a prisoner, immediately following the escape, by the most reasonable and expedient means available, to each victim or a surviving immediate family member of the victim, through the victim witness assistance program in the county where the crime was committed.
(3) 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, 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 a competent authority. [L 1990, c 193, §1; am L 1997, c 383, §67; am L 2022, c 278, §29]
Cross References
Registration of sex offenders and other covered offenders and public access to registration information, see chapter 846E.
COMMENTARY ON §706-673
Act 193, Session Laws 1990, added this section which would require the department of corrections and rehabilitation to notify victims or their next-of-kin of an escape by the prisoner who committed a crime against the victim. The legislature felt this requirement would make victims of crimes feel more secure knowing they would be notified immediately if the prisoner escaped. Senate Standing Committee Report No. 2935.
Act 383, Session Laws 1997, amended this section by amending the definition of "surviving immediate family member" to include a reciprocal beneficiary. The amendment establishes the status of reciprocal beneficiaries and provides certain state governmental benefits to those with that status. Among the benefits extended to reciprocal beneficiaries which are substantially equivalent to those extended to spouses is legal standing relating to victims rights. Conference Committee Report No. 2.
Act 278, Session Laws 2022, amended this section to replace references to "department of public safety" with "department of corrections and rehabilitation" to reflect the provisions in Act 278 that: (1) reestablished the department of public safety as an independent department of corrections and rehabilitation to administer the corrections, rehabilitation, and reentry of the inmate population; and (2) established a department of law enforcement to consolidate and administer certain criminal law enforcement and investigative functions of the department of public safety, department of transportation, department of the attorney general, and office of homeland security. The legislature found that the goals and functions of corrections and law enforcement are distinct, and separating the functions of the department of public safety into two departments would advance these distinct goals and objectives while allowing the corrections arm to more fully integrate strategies for rehabilitation. The legislature further found that reorganizing certain state law enforcement functions into a single entity with consistent training opportunities would allow for the efficient use of resources in administering correctional programs and improve decision making, promote accountability, streamline communication, decrease costs, reduce duplication of efforts, provide uniform training and standards, and promote uniform standards of law enforcement services. House Standing Committee Report No. 200-22, Senate Standing Committee Report No. 3292.