reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 20. Social Services › 353. Corrections › 353-40 Correctional facility and community correctional center deaths; reporting.

§353-40 Correctional facility and community correctional center deaths; reporting.
(a) Within forty-eight hours, the director shall report to the governor, and the governor shall report to the legislature, the death of any:
(1) Correctional facility or community correctional center employee who:
(A) Dies on the grounds of or while on duty at a correctional facility or community correctional center where Hawaii inmates reside; or
(B) Sustains an injury on the grounds of or while on duty at a correctional facility or community correctional center where Hawaii inmates reside that causes the death of the employee; or
(2) Hawaii inmate who is incarcerated by or under the care and custody of:
(A) A state or contracted correctional facility; or
(B)
An agent of a state or contracted correctional facility.
Within seven days of the director's submission of the report to the governor, the department shall post a copy of the report on its public website.
(b) The report in subsection (a) shall include the following information:
(1) The name of the decedent;
(2) The gender and age of the decedent;
(3) Whether the decedent was an inmate or an employee;
(4) The location of the death or injury leading to the death;
(5) The date and time of the death;
(6) The cause of death; and
(7) Any indication of sexual assault leading to the death.
(c) When the official cause of death has been determined, the director shall submit a report to the governor, and the governor shall submit the report to the legislature that shall include the following information:
(1) The clinical mortality review conducted in response to the death, including correctional actions to be taken;
(2) The official cause of death; and
(3) Any indication of sexual assault leading to the death.
(d) The information specified in subsection (c)(2) and (3) shall be open to public inspection, unless:
(1) Any federal or state law protects the information from disclosure; provided that the report shall cite the applicable federal or state law; or
(2) The disclosure of the information would materially impair an ongoing criminal investigation. [L 2022, c 278, pt of §18; am L 2023, c 22, §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353. Corrections › 353-61 Hawaii paroling authority; appointment; tenure; qualifications.

Cross References
Administration of Hawaii paroling authority placed in department of public safety, see §26-14.6.
§353-61 Hawaii paroling authority; appointment; tenure; qualifications.
(a) Members of the paroling authority shall be nominated by a panel composed of the chief justice of the Hawaii supreme court or the chief justice's designee, the director or the director's designee, the president of the Hawaii State Bar Association or the president's designee, a representative designated by the head of the Interfaith Alliance Hawaii, a member from the general public to be appointed by the governor, and the president of the Hawaii chapter of the National Association of Social Workers or the president's designee. The panel shall submit to the governor the names of not less than three persons, designated as the nominees, for chairperson or as a member, for each vacancy. The requirement for nomination by the panel established under this section shall only apply to a nominee's nomination by the governor to an initial term on the paroling authority and not to any subsequent consecutive term of a sitting paroling authority member or chairperson whose initial appointment to office was made pursuant to a nomination by the panel.
(b) The governor shall appoint, in the manner prescribed by section 26-34, a paroling authority to be known as the Hawaii paroling authority, to consist of five members, one of whom shall be designated chairperson. Appointments shall be made for terms of four years, commencing from the date of expiration of the last preceding term. Any vacancy in an unexpired term shall be filled by appointment for the remainder of the unexpired term. Nominees to the authority shall be selected on the basis of their qualifications to make decisions that will be compatible with the welfare of the community and of individual offenders, including their background and ability for appraisal of offenders and the circumstances under which offenses were committed. [L 1931, c 129, pt of §1; RL 1935, §6413; am L 1939, c 203, pt of §6; RL 1945, §3914; RL 1955, §83-60; am L Sp 1959 2d, c 1, §5; HRS §353-61; am L 1976, c 92, §2; am L 1987, c 338, §4; gen ch 1992; am L 2004, c 24, §1; am L 2006, c 38, §9; am L 2008, c 10, §1; am L 2011, c 16, §2; am L 2012, c 139, §5; am L 2013, c 117, §1]
Cross References
Administrative control, see §26-35.
Sex offender treatment program, see chapter 353E.
2023 Hawaii Revised Statutes › Title 20. Social Services › 353. Corrections › 353-63 Service of Hawaii paroling authority members; compensation; expenses.

§353-63 Service of Hawaii paroling authority members; compensation; expenses.
The chairperson of the Hawaii paroling authority shall serve on a full-time basis. The other four members shall serve on a part-time basis. Effective July 1, 2012, the chairperson of the Hawaii paroling authority shall be paid a salary set at eighty-seven per cent of the salary of the director of corrections and rehabilitation. The compensation of each of the part-time members shall be eighty per cent of the hourly wage paid the chairperson. For each hour engaged in the official duties of the authority, each part-time member of the authority shall be paid an hourly wage at the percentage rate specified in this section based on the hourly wage paid the chairperson; provided that compensation shall not exceed eighty per cent of the total regular working hours in a month; provided further that part-time members shall not be entitled to any vacation, sick leave, or other benefits except as provided in this section. All paroling authority members shall receive their necessary expenses for travel and incidentals that shall be paid from appropriations provided the authority for such purposes, on vouchers approved by the director of corrections and rehabilitation. [L 1931, c 129, pt of §1; RL 1935, §6415; am L 1939, c 203, §6, par 4; RL 1945, §3916; RL 1955, §83
-
62; am L 1965, c 58, §1; HRS §353
-
63; am L 1976, c 92, §4; am L 1982, c 129, §13; am L 1986, c 128, §12; am L 1987, c 338, §10; am L 1989, c 211, §8, c 229, §1, and c 329, §10; am L 1993, c 6, §13; am L 1994, c 156, §2; am L 2005, c 226, §10; am L 2012, c 139, §6; am L 2022, c 278, §29]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353. Corrections › 353-63.5 Intermediate sanctions; eligibility; criteria and conditions.

§353-63.5 Intermediate sanctions; eligibility; criteria and conditions.
(a) The Hawaii paroling authority shall implement alternative programs that place, control, supervise, and treat selected parolees in lieu of incarceration.
(b) The authority may impose participation in alternative programs as a condition of parole or as an amended condition of parole.
(c) As used in this section, "alternative programs" mean programs which, from time to time, are created and funded by legislative appropriation or federal grant naming the Hawaii paroling authority or the department of corrections and rehabilitation on behalf of the Hawaii paroling authority as the expending agency and which are intended to provide an alternative to incarceration. Alternative programs may include:
(1) Home detention, curfew using electronic monitoring and surveillance, or both;
(2) Intensive supervision, residential supervision, work-furlough, and structured educational or vocational programs;
(3) Therapeutic residential and nonresidential programs; and
(4) Similar programs created and designated as alternative programs by the legislature, the chairperson of the Hawaii paroling authority, or the director of corrections and rehabilitation for parolees who do not pose significant risks to the community. [L Sp 1995, c 25, §3; am L 2022, c 278, §29]
Cross References
For similar provisions, see § §353-10.5 and 706-605.1.
2023 Hawaii Revised Statutes › Title 20. Social Services › 353. Corrections › 353-64 Committed persons paroled.

§353-64 Committed persons paroled.
Any committed person confined in any state correctional facility in execution of any sentence imposed upon the committed person, except in cases where the penalty of life imprisonment not subject to parole has been imposed, shall be subject to parole in the manner and form as set forth in this part; provided that the committed person shall be paroled in the county where the committed person had a permanent residence or occupation or employment prior to incarceration, unless:
(1) The committed person will reside in a county in which the population exceeds eight-hundred thousand persons;
(2) The committed person will be released for immediate departure from the State; or
(3) The committed person shall be released to the county in the State in which the committed person has the greatest family or community support, opportunities for employment, job training, education, treatment, and other social services, as determined by the Hawaii paroling authority; provided that to be considered for parole to another county in the State, the committed person shall provide a written request to the department not less than six months prior to the expiration of the committed person's longest minimum sentence.
Provided further that to be eligible for parole, the committed person, if the person is determined by the department to be suitable for participation, must have been a participant in an academic, vocational education, or prison industry program authorized by the department and must have been involved in or completed the program to the satisfaction of the department; and provided further that this precondition for parole shall not apply if the committed person is in a correctional facility where academic, vocational education, and prison industry programs or facilities are not available. A grant of parole shall not be subject to acceptance by the committed person. [L 1917, c 103, §1; RL 1925, §1560; am L 1931, c 126, §1; RL 1935, §6435; RL 1945, §3958; am L 1955, c 239, §1; RL 1955, §83-63; HRS §353-64; gen ch 1985; am L 1988, c 147, §1; am L 1993, c 101, §1 and c 201, §1; am L Sp 2007, c 8, §14]
Cross References
Comprehensive offender reentry system, see chapter 353H.
Minimum term, setting of, see §706-669.
Parole procedure, see §706-670.
Case Notes
While on parole, prisoner still in legal custody and deemed to be serving sentence imposed. 24 H. 247 (1918).
Neither chapter 706 nor chapter 353 prohibits the Hawaii paroling authority from setting a prisoner's minimum term at a period equal to his or her maximum sentence. 97 H. 183, 35 P.3d 210 (2001).
Cited: 26 H. 764, 770 (1923); 60 H. 314, 588 P.2d 929 (1979).
2023 Hawaii Revised Statutes › Title 20. Social Services › 353. Corrections › 353-65 Paroles; rules.

§353-65 Paroles; rules.
The Hawaii paroling authority may establish rules, with the approval of the governor and the director of corrections and rehabilitation not inconsistent with this part, under which any prisoner may be paroled but shall remain, while on parole, in the legal custody and under the control of the paroling authority, and be subject, at any time until the expiration of the term for which the prisoner was sentenced, to be taken back within the enclosure of the prison. The rules shall have the force and effect of law. Full power, subject to this part, to enforce the rules, to grant, and to revoke paroles is conferred upon the paroling authority. The power to retake and reimprison a paroled prisoner is conferred upon the administrative secretary or the administrative secretary's designee, who may issue a warrant authorizing all of the officers named therein to arrest and return to actual custody any paroled prisoner. The superintendent of Hawaii state prison, the chief of police of each county and all police officers of the State or of any county, and all prison officers shall execute any such order in like manner as ordinary criminal process.
If any prisoner so paroled leaves the State without permission from the paroling authority, the prisoner shall be deemed to be an escaped prisoner, and may be arrested as such. [L 1917, c 103, §2; RL 1925, §1561; am L 1931, c 126, §2; am L 1932 1st, c 17, §8; RL 1935, §6454; am L 1939, c 203, pt of §6; RL 1945, §3959; RL 1955, §83-64; am L 1957, c 308, §1; am L 1963, c 34, § §1, 2; am L 1965, c 96, §57; HRS §353-65; am L 1969, c 208, §1; am L 1976, c 92, pt of §8; gen ch 1985; am L 1987, c 338, §10; am L 1989, c 211, §8; am L 2003, c 7, §1; am L 2022, c 278, §29]
Cross References
Rulemaking, see chapter 91.
2023 Hawaii Revised Statutes › Title 20. Social Services › 353. Corrections › 353-65.5 Reports to county clerk.

§353-65.5 Reports to county clerk.
Whenever the paroling authority grants or revokes parole for any citizen of eighteen years of age or over, the paroling authority, in each case, shall make and promptly transmit to the clerk of the county in which the citizen resides, a certificate showing the fact of the granting or revoking of parole within twenty days after the granting or revoking of parole. The certificate shall include:
(1) The name, date of birth, and social security number of the citizen and any known aliases;
(2) The citizen's address or last known address; and
(3) The date of the grant or revocation of parole. [L 2006, c 253, §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353. Corrections › 353-66.5 Suspension or revocation; arrest warrants arising from traffic violations.

§353-66.5 Suspension or revocation; arrest warrants arising from traffic violations.
In the event of suspension or revocation of parole, the Hawaii paroling authority shall inform the appropriate courts and arresting authorities of all outstanding traffic warrants issued against the parolee so that the warrants may be served on the parolee in a timely manner. [L 2006, c 308, §2]
Cross References
See also §604-7.2.
2023 Hawaii Revised Statutes › Title 20. Social Services › 353. Corrections › 353-67 Education as condition for paroles.

§353-67 Education as condition for paroles.
The Hawaii paroling authority may require, as a condition of parole, that a parolee further the parolee's education and training by taking occupational training courses or general education courses, or both, whenever such courses are deemed by the paroling authority to be capable of making a substantial contribution to the rehabilitation of the parolee. The paroling authority may in its discretion designate the educational institution or institutions the parolee is to attend and may pay the cost of tuition and other fees for said courses. [L 1965, c 119, §1; Supp, §83-65.5; HRS §353-67; am L 1969, c 112, §1; am L 1976, c 92, pt of §8; gen ch 1985]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353. Corrections › 353-68 Parole, how initiated and granted.

§353-68 Parole, how initiated and granted.
(a) Paroles may be granted by the Hawaii paroling authority at any time after the prisoner has served the minimum term of imprisonment fixed according to law; provided that where a fine has also been imposed, which has not been paid, and if the prisoner has been imprisoned for at least thirty days, the paroling authority upon being satisfied that the prisoner has petitioned the court for revocation of all or part of such fine pursuant to section 706-645, may nevertheless parole the prisoner without payment of the fine, either with or without the condition, subject to determination by the court under section 706-645, that while on such parole the prisoner make payment of the fine as the paroling authority deems proper under the circumstances. The proceedings to obtain parole may be initiated by the written recommendation of the superintendent to the paroling authority or may be initiated by the paroling authority without any such recommendation.
(b) The governor shall have like power to revoke the parole of any prisoner. The written authority of the governor shall likewise be sufficient to authorize any police officer to retake and return the prisoner to prison. The governor's written order revoking the parole shall have the same force and effect and be executed in like manner as the order of the chairperson of the paroling authority.
(c) The paroling authority shall act by majority of all its members in respect of all proceedings touching the parole of prisoners. [L 1931, c 126, §4; RL 1935, §6456; am L 1939, c 203, pt of §6; am L 1943, c 207, §2; RL 1945, §3961; RL 1955, §83-66; am L 1957, c 308, §3; am L 1963, c 34, §1; HRS §353-68; am L 1976, c 92, pt of §8; am L 1981, c 163, §1; gen ch 1985, 1993]
Cross References
Consequences of nonpayment of fine, see §706-644.
Parole procedure, see §706-670.
Case Notes
No due process liberty interest in parole is created under this section. 795 F. Supp. 1020 (1992).
Parole and minimum sentence under prior law. 28 H. 268 (1925).
2023 Hawaii Revised Statutes › Title 20. Social Services › 353. Corrections › 353-69 Parole when.

§353-69 Parole when.
[Repeal and reenactment on July 1, 2018, by L 2013, c 67, §2 deleted by 2017, c 77, §2.]
Except as provided in section 706-670, no parole shall be granted unless it appears to the Hawaii paroling authority that there is a reasonable probability that the prisoner concerned will live and remain at liberty without violating the law and that the prisoner's release is not incompatible with the welfare and safety of society. [L 1917, c 103, §4; RL 1925, §1563; am L 1931, c 126, §5; RL 1935, §6457; RL 1945, §3962; RL 1955, §83-67; HRS §353-69; am L 1976, c 92, pt of §8; gen ch 1985; am L 2012, c 139, § §11, 14(4); am L 2016, C 231, §69]
Case Notes
No due process liberty interest in parole is created under this section. 795 F. Supp. 1020 (1992).
2023 Hawaii Revised Statutes › Title 20. Social Services › 353. Corrections › 353-70 Final discharge.

§353-70 Final discharge.
Whenever, in its opinion, any paroled prisoner has given such evidence as is deemed reliable and trustworthy that the paroled prisoner will remain at liberty without violating the law and that the paroled prisoner's final release is not incompatible with the welfare of society, the Hawaii paroling authority may grant the prisoner a written discharge from further liability under the prisoner's sentence.
Any paroled prisoner who has been on parole for at least five years shall be brought before the paroling authority for purposes of consideration for final discharge and complete pardon. In the event the prisoner is not granted a final discharge and full pardon, the paroled prisoner shall be brought before the paroling authority for the aforementioned purposes annually thereafter.
Any person, who, while on parole, enters the military service of the United States, may, upon the person's honorable discharge therefrom, petition the paroling authority for a final discharge, and the paroling authority may consider the honorable discharge as grounds for granting a final discharge from parole and recommending to the governor a full pardon. [L 1917, c 103, §7; RL 1925, §1566; am L 1931, c 126, §7; RL 1945, §3963; am L 1949, c 2, §1; RL 1955, §83
-
68; am L 1957, c 308, §4; am L 1963, c 149, §1; HRS §353
-
70; am L 1976, c 92, pt of §8; gen ch 1985]
Cross References
Final unconditional release, see §706-670.
2023 Hawaii Revised Statutes › Title 20. Social Services › 353. Corrections › 353-71 Parole officer and assistant parole officers.

§353-71 Parole officer and assistant parole officers.
The Hawaii paroling authority may appoint and remove at pleasure a parole officer and assistant parole officers as may be necessary, who shall receive such compensation as shall be provided by law. The duties of the parole officer shall be as follows:
(1) To keep a record of all paroled prisoners; to add from time to time thereafter information concerning the employment and wages of each paroled prisoner, together with the name of the paroled prisoner's employer and such details concerning the paroled prisoner's health, conduct, and environment as may come to the attention of the parole officer either from reports made to the parole officer or through the parole officer's own personal investigation;
(2) To receive reports from paroled prisoners as may be required by the rules and regulations of the paroling authority and to check such reports by personal investigations and by conferences with the employers of such prisoners and such other persons as can give information concerning the habits, work, and environment of such prisoners;
(3) To investigate and keep informed upon the habits, work, wages, and environment of such prisoners, if any there be, as are not required to report to the parole officer;
(4) To make such other investigations, secure such other information and data, perform such other duties and make such other reports, in addition to those which may be required by law, as may be required by the paroling authority;
(5) To make a report once in each month to the paroling authority, together with such additional reports as the circumstances call for, concerning the prisoners on parole and their conduct and environment; and
(6) As far as practicable, to assist in obtaining suitable employment for paroled prisoners and otherwise assist in rehabilitation of such paroled prisoners.
Each assistant parole officer shall have such of the powers and duties of the parole officer hereinabove provided for as shall be prescribed by the paroling authority. [L 1931, c 126, §8; RL 1935, §6459; am L 1939, c 203, pt of §6; RL 1945, §3964; RL 1955, §83-69; HRS §353-71; am L 1976, c 92, pt of §8; gen ch 1985]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353. Corrections › 353-72 Pardons; reference to paroling authority.

§353-72 Pardons; reference to paroling authority.
The director of corrections and rehabilitation and the Hawaii paroling authority shall consider every application for pardon which may be referred to them by the governor and shall furnish the governor, as soon as may be after such reference, all information possible concerning the prisoner, together with a recommendation as to the granting or refusing of the pardon. [L 1905, c 41, §5; am imp L 1911, c 5, §2; RL 1925, §1545; am L 1931, c 129, pt of §1; RL 1935, § §6410, 6419; RL 1945, §3965; RL 1955, §83
-
70; am L Sp 1959 2d, c 1, §20; HRS §353
-
72; am L 1976, c 92, pt of §8; am L 1987, c 338, §10; am L 1989, c 211, §8; am L 2022, c 278, §29]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353. Corrections › 353-101 Authorization to director of corrections and rehabilitation or the appropriate officer and the governor.

§353-101 Authorization to director of corrections and rehabilitation or the appropriate officer and the governor.
The director of corrections and rehabilitation, or the appropriate officer with the approval of the governor, is authorized for the State to enter into contracts with the director of the Bureau of Prisons or the appropriate officers of the United States for the imprisonment, subsistence, care, and proper employment of federal and military prisoners. The director of corrections and rehabilitation or the appropriate officer shall be vested with such functions, powers, and duties which are necessary to carry out the foregoing purpose. [L Sp 1959 1st, c 3, §1; am L Sp 1959 2d, c 1, §20; Supp, §83-90; HRS §353-101; gen ch 1985; am L 1987, c 338, §10; am L 1989, c 211, §8; am L 2022, c 278, §29]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353. Corrections › 353-103 Validity of existing contracts.

§353-103 Validity of existing contracts.
All existing contracts with the federal government relating to imprisonment, subsistence, care, and proper employment of federal and military prisoners are hereby ratified by the State and shall continue in effect until they expire by their own terms. This part shall not be construed to invalidate such contracts. [L Sp 1959 1st, c 3, §3; Supp, §83-92; HRS §353-103]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353. Corrections › 353-121 Definitions.

§353-121 Definitions.
As used in this part:
"Labor" means the period of time before a birth during which contractions are of sufficient frequency, intensity, and duration to bring about effacement and progressive dilation of the cervix.
"Postpartum recovery" means:
(1) The entire period a female is in a hospital, birthing center, or clinic after giving birth; and
(2) An additional time period, if any, a treating physician determines is necessary for healing after the female leaves the hospital, birthing center, or clinic.
"Restraints" means anything used to control the movement of a person's body or limbs and includes:
(1) Physical restraint; or
(2) A mechanical device, including metal handcuffs, plastic ties, ankle restraints, leather cuffs, other hospital-type restraints, tasers, or batons.
"Transport" means the conveyance, by any means, of a committed person from the correctional facility to another location, including travel to and from a transport vehicle. [L 2011, c 174, pt of §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353. Corrections › 353-122 Limitation on use of restraints.

§353-122 Limitation on use of restraints.
(a) While transporting, no restraints of any kind may be used on any committed female:
(1) During the third trimester of her pregnancy;
(2) During postpartum recovery; or
(3) During any portion of her pregnancy, if her physician so orders;
except in extraordinary circumstances.
(b) While the pregnant female is in labor or in childbirth no restraints of any kind shall be used. Nothing in this section affects the use of hospital restraints requested for the medical safety of the patient by a treating physician.
(c) Any restraints used on a pregnant female shall be the least restrictive available and the most reasonable under the circumstances, but in no case shall leg irons or waist chains be used on any pregnant female.
(d) No correctional personnel shall be present in the room during the pregnant female's labor or childbirth, unless specifically requested by medical personnel. If the correctional personnel's presence is requested by medical personnel, the correctional personnel shall be female, if practicable.
(e) If the doctor, nurse, or other health professional treating the pregnant female requests that restraints not be used, the corrections officer accompanying the pregnant female shall immediately remove all restraints.
(f) For the purpose of this section, "extraordinary circumstances" exist where a corrections officer makes an individualized determination that restraints are necessary to prevent an incarcerated pregnant female from escaping or injuring herself, medical or correctional personnel, or others.
If a corrections officer determines that extraordinary circumstances exist and restraints are used, the corrections officer shall fully document in writing the facts upon which a finding of extraordinary circumstances was based. The corrections officer shall also include the kind of restraints used and the reasons those restraints were considered the most reasonable and least restrictive available under the circumstances. [L 2011, c 174, pt of §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353. Corrections › 353-123 Enforcement.

§353-123 Enforcement.
(a) The director shall provide information relating to the requirements of this part to all medical and nonmedical staff and correctional personnel who are involved in the transportation or supervision of female offenders who are pregnant or in postpartum recovery and other staff as the director deems appropriate.
(b) The director shall provide notice of the requirements of this part to any female offender who is pregnant or in postpartum recovery at the time that the department assumes custody of the female offender. Additional notice shall be posted in conspicuous locations in any appropriate correctional facility, including the locations in which medical care is provided within the facility. Any treating physician, midwife, or nurse of a female offender who is pregnant or in postpartum recovery shall be informed of the requirements of this part. [L 2011, c 174, pt of §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353. Corrections › 353-131 Definitions.

§353-131 Definitions.
For purposes of this part:
"Offender" means a person in the custody of the department of corrections and rehabilitation or the Hawaii paroling authority but does not include juveniles under the jurisdiction of the family court.
"System" means the statewide automated victim information and notification system.
"Victim" means a person against whom a crime has been committed by the offender and includes, in homicide cases, surviving immediate family members. [L 2012, c 190, pt of §1; am L 2022, c 278, §29]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353. Corrections › 353-132 System; requirements.

§353-132 System; requirements.
(a) The department shall establish a statewide automated victim information and notification system to:
(1) Automatically notify a registered victim or concerned member of the community, via the person's choice of telephone, text message, or electronic mail transmission when the offender who is in the custody of the department:
(A) Is transferred or assigned to another facility;
(B) Is transferred to the custody of another agency outside the State;
(C) Is released on temporary leave or for other reasons;
(D) Is discharged; or
(E) Has escaped;
(2) Automatically notify a registered victim or concerned member of the community via the person's choice of telephone, text message, or electronic mail transmission when:
(A) The offender has an upcoming parole hearing; or
(B) There is a change in the offender's parole status, including a change in the offender's supervision status;
(3) Permit a victim or concerned member of the community to receive the most recent status report for the offender in the custody of the department by calling the system on a toll-free telephone number, as well as by accessing the system via a public website;
(4) Provide all victims or concerned members of the community calling the system with the option to receive live operator assistance with the system on a twenty-four-hours per day, three-hundred-sixty-five-days per year basis; and
(5) Permit a victim or a concerned member of the community to register or update the person's registration information for the system by calling a toll-free telephone number or accessing a public website.
(b) The prosecuting agency shall notify the victim of the victim's right to register in the system. It shall be the responsibility of the victim to register with the system. [L 2012, c 190, pt of §1]
Note
L 2012, c 190, §4 provides:
"SECTION 4. The department of public safety shall continue to operate the statewide automated victim information and notification system pursuant to the funding structure under which it operated on June 30, 2012, which may include the use of federal funds, until such time as the automated victim information and notification system special fund has accumulated sufficient moneys to carry out the purposes of this Act."
2023 Hawaii Revised Statutes › Title 20. Social Services › 353. Corrections › 353-133 Satisfaction of victims' rights to notification.

§353-133 Satisfaction of victims' rights to notification.
Participation in the system and making offender data available on a timely basis to the system shall be deemed to satisfy the obligations of:
(1) The department to notify the victim of changes in the offender's custodial status pursuant to section 801D-4(a)(7); and
(2) The police and prosecuting attorney to notify the victim of the offender's release from custody pursuant to section 801D-4(a)(1). [L 2012, c 190, pt of §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353. Corrections › 353-134 Compliance by department; no cause of action.

§353-134 Compliance by department; no cause of action.
The department shall ensure that the offender information contained within the system is updated on a regular basis sufficient to timely notify a victim or a concerned member of the community of the offender's release, discharge, or escape. However, failure of the system to provide notice to the victim or a concerned member of the community shall not establish a separate cause of action by the victim or a concerned member of the community against the State, any county, or any state or county agency, officer, or employee. [L 2012, c 190, pt of §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353. Corrections › 353-136 Automated victim information and notification system special fund; authorization of payment.

§353-136 Automated victim information and notification system special fund; authorization of payment.
(a) There is established a special fund to be known as the automated victim information and notification system special fund, to be administered by the department. Interest and investment earnings credited to the assets of the fund shall become part of the fund. Any remaining balance in the fund at the end of any fiscal year shall be carried over to the next fiscal year.
(b) Any item purchased by an in-state or out-of-state inmate from a correctional facility commissary shall be subject to a four per cent surcharge on the item's price. The proceeds from the surcharge shall be deposited into the automated victim information and notification system special fund.
(c) All proceeds or revenues that are derived from any commission that is realized pursuant to a telephone service agreement executed by the department for the provision of telephone services for inmates shall be deposited into the automated victim information and notification system special fund.
(d) Moneys received pursuant to subsections (b) and (c) shall be used for the development and operating expenses, including salaries and benefits of positions as authorized by the legislature, of the system.
(e) The sum total of all moneys expended for development and operating expenses, including salaries and benefits of positions as authorized by the legislature, shall not exceed the special fund ceiling related to the fund established by the legislature; provided that the total moneys expended for these purposes shall not exceed $600,000 in any one fiscal year.
(f) Federal funds shall not be transferred to, or deposited into, the automated victim information and notification system special fund. [L 2012, c 190, pt of §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353B. Interstate Compact for the Supervision of Adult Offenders › 353B-2 State compact administrator.

§353B-2 State compact administrator.
The State's commissioner on the interstate commission for adult offender supervision shall be the compact administrator of the state council for interstate adult offender supervision established under section 353B-3. The compact administrator shall be responsible for, among other things:
(1) Making final decisions relating to accepting or denying movement and related actions of offenders requesting transfer between states;
(2) Investigating and taking action regarding matters of interstate movement of offenders within the State;
(3) Keeping statistics and information on interstate compact movement of offenders;
(4) Representing the State on matters relating to the authorized movement of offenders between states, and defending the State against disputed or challenged matters;
(5) Facilitating policies and procedures governing the interstate movement of offenders through the state council;
(6) Drafting legislation as requested by the state council or as required for proper interstate processing of offenders;
(7) Budgeting and managing funds earmarked in the judiciary budget, to support compact activities; and
(8) Establishing interstate service standards consistent with judiciary service standards for probationers and Hawaii paroling authority standards for parolees. [L 2000, c 185, pt of §1; am L 2005, c 111, §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353B. Interstate Compact for the Supervision of Adult Offenders › 353B-3 State council for interstate adult offender supervision.

§353B-3 State council for interstate adult offender supervision.
(a) There is established the state council for interstate adult offender supervision, which shall be placed administratively in the judiciary. The council shall be composed of nine members to be appointed as follows:
(1) One member of the house of representatives appointed by the speaker of the house of representatives;
(2) One member of the senate appointed by the senate president;
(3) One member of the judiciary appointed by the chief justice of the supreme court;
(4) The director of corrections and rehabilitation, or the director's designee;
(5) One member from the general public representing victims groups appointed by the governor;
(6) The prosecuting attorney of the city and county of Honolulu, or the prosecuting attorney's designee;
(7) The attorney general, or the attorney general's designee;
(8) The state public defender, or the state public defender's designee; and
(9) The compact administrator, appointed by the governor, with the advice and consent of the senate and the chief justice.
With the exception of the director of corrections and rehabilitation or the director's designee, and the compact administrator, the terms of all members shall be for four years; provided that the victims group representative and the compact administrator shall be subject to confirmation proceedings under section 26-34. No person, except the compact administrator, shall be appointed consecutively to more than two terms.
There shall be one full-time coordinator position for the supervision of adult offenders. The coordinator shall be appointed by the judiciary.
(b) The council shall exercise oversight and advocacy concerning its participation in commission activities and other duties as may be determined by the council, including development of policy concerning operations and procedures of the compact within the State. The council shall also have the authority to appoint a deputy compact administrator for parole from the Hawaii paroling authority, a deputy compact administrator for probation from the judiciary, and a member other than the compact administrator to cast a vote on behalf of the State at meetings of the interstate commission in which the compact administrator is absent. [L 2000, c 185, pt of §1; am L 2005, c 111, §2; am L 2008, c 172, §2; am L 2022, c 278, §29]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353B. Interstate Compact for the Supervision of Adult Offenders › 353B-4 Expenditures.

§353B-4 Expenditures.
Expenditures by the council, including the amounts fixed annually as the equal contribution of each member to the compact, shall be made upon warrants issued by the state comptroller based upon vouchers approved by any one of the commissioners. [L 2000, c 185, pt of §1; am L 2005, c 154, §3]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353B. Interstate Compact for the Supervision of Adult Offenders › 353B-6 Interstate transfer fee.

§353B-6 Interstate transfer fee.
The judiciary may assess a fee not to exceed $200 for each application made by a parolee or probationer for a transfer out of the State. [L 2008, c 172, §1; am L 2012, c 303, §1; am L Sp 2021, c 9, §42]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353C. Public Safety › 353C-1 Definitions.

§353C-1 Definitions.
Whenever used in this chapter, unless the context otherwise requires:
"Department" means the department of law enforcement.
"Director" means the director of law enforcement. [L 1989, c 211, pt of §6; am L 2022, c 278, §17]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353C. Public Safety › 353C-2 Director of law enforcement; powers and duties.

§353C-2 Director of law enforcement; powers and duties.
The director of law enforcement shall administer the public safety programs of the department and shall be responsible for the formulation and implementation of state goals and objectives for state law enforcement programs and homeland security, including the deployment of adequate resources and coordination with county police departments to protect the health and safety of homestead communities on Hawaiian home lands. In the administration of these programs, the director may:
(1) Preserve the public peace, prevent crime, detect and arrest offenders against the law, protect the rights of persons and property, and enforce and prevent violation of all laws and administrative rules of the State as the director deems to be necessary or desirable or upon request, to assist other state officers or agencies that have primary administrative responsibility over specific subject matters or programs;
(2) Train, equip, maintain, and supervise the force of law enforcement officers and other employees of the department;
(3) Serve process both in civil and criminal proceedings;
(4) Perform other duties as may be required by law;
(5) Adopt, pursuant to chapter 91, rules that are necessary or desirable for the administration of state law enforcement programs; and
(6) Enter into contracts on behalf of the department and take all actions deemed necessary and appropriate for the proper and efficient administration of the department. [L 1989, c 211, pt of §6; am L 1991, c 151, §3; am L 2007, c 144, §4; am L 2022, c 278, §11]
Revision Note
L 2007, c 144, §4 was codified to this section pursuant to §23G-15.
Attorney General Opinions
Full-time investigators of the department of public safety's narcotics enforcement division qualify as law enforcement officers for purposes of excluding personal use value of state vehicle from investigator's gross income. Att. Gen. Op. 91-3.
2023 Hawaii Revised Statutes › Title 20. Social Services › 353C. Public Safety › 353C-3 Deputy directors; appointment.

§353C-3 Deputy directors; appointment.
The director shall appoint, without regard to chapter 76, two deputy directors to serve at the director's pleasure. Unless otherwise assigned by the director, one deputy director shall oversee the law enforcement programs of the department, and one deputy director shall oversee administration of the department. [L 1989, c 211, pt of §6; am L 2000, c 253, §150; am L 2022, c 278, §12]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353C. Public Safety › 353C-4 Appointment of employees with police powers and other employees.

§353C-4 Appointment of employees with police powers and other employees.
(a) The director may appoint employees to be state law enforcement officers who shall have all of the powers of police officers; provided that the director may establish and assign the employees to positions or categories of positions that may have differing titles, specific duties, and limitations upon the exercise of police powers.
(b) The director may appoint other personnel necessary to carry out the functions of the department.
(c) The duties of state law enforcement officers shall include conducting law enforcement operations and investigations throughout the State and maintaining public safety in state buildings as well as the personal protection of government officials and employees while in the conduct of their duties. The duties of state law enforcement officers shall also include the service of process, including subpoenas, warrants, and other legal documents, and other duties as the director may assign. State law enforcement officers shall have all of the powers of police officers, including the power of arrest. This section does not relieve, nor will it diminish, county police officers of any authority or responsibility to enforce laws or to maintain public safety on state lands and in state buildings or in their respective counties. [L 1989, c 211, pt of §6; am L 1990, c 281, §12; am L 2022, c 278, §13]
Cross References
Transfer of functions and employees, see §26-14.6.
2023 Hawaii Revised Statutes › Title 20. Social Services › 353C. Public Safety › 353C-5 Criminal history record checks.

§353C-5 Criminal history record checks.
(a) The department shall develop standards to ensure the reputable and responsible characters of staff members, which shall include criminal history record checks.
(b) For purposes of this section:
"Prospective staff member" means any applicant for a job in the department that involves the exercise of police powers conferred by the director, including the power to arrest.
"Staff member" means any employee of the department who possesses police powers conferred by the director, including the power of arrest.
(c) The department shall obtain criminal history record information through the Hawaii criminal justice data center in accordance with section 846-2.7, on all staff members and prospective staff members of the department of law enforcement. Prospective staff members shall be fingerprinted and the criminal history record check shall be completed before beginning employment.
(d) The department may deny employment to a prospective staff member who was convicted of a crime other than a minor traffic violation involving a fine of $50 or less and if the department finds from the prospective staff member's criminal history record that the prospective staff member poses a risk to the health, safety, security, or well-being of inmates under supervision and confinement, other staff, or the public at large.
(e) Staff members shall not be subject to termination based on findings in their criminal records except for those whose conviction of a crime occurred after May 8, 1989, or under circumstances in which a staff member is a fugitive from justice. Staff members shall be subject to termination for crimes other than a minor traffic violation involving a fine of $50 or less, where because of the staff member's conviction record, the staff member poses a risk to the health, safety, security, or well-being of inmates under supervision and confinement, other staff, or the public at large. [L 1992, c 65, §1; am L 1997, c 6, §1; am L 2003, c 95, §11; am L 2022, c 278, §14]
Revision Note
In subsection (b), definitions rearranged pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 20. Social Services › 353C. Public Safety › 353C-6 Parking fees, exemption.

§353C-6 Parking fees, exemption.
Notwithstanding any other law, rule, or provision to the contrary, law enforcement officers of the department of law enforcement are exempt from all state and county parking meter fees and county time parking restrictions while in the performance of their official duties, including attendance at court; provided that this exemption shall:
(1) Apply exclusively to state owned law enforcement vehicles assigned to the department of law enforcement; and
(2) Not apply to private individuals retained by the department on a contractual basis to serve civil process in any capacity. [L 1992, c 80, §1; am L 2022, c 278, §15]
Revision Note
Section was enacted as addition to chapter 26, but was renumbered to this chapter pursuant to §23G-15.