reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 20. Social Services › 353. Corrections › 353-13.3 Mental health care. The department shall be responsible for providing mental health services in community correctional centers. [L 1994, c 153, §2]

§353-13.3
Mental health care.
The department shall be responsible for providing mental health services in community correctional centers. [L 1994, c 153, §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353. Corrections › 353-13.4 Substance abuse testing of inmates.

§353-13.4 Substance abuse testing of inmates.
(a) When an inmate under the custody of the department of corrections and rehabilitation is subjected to substance abuse testing, the inmate shall be afforded the option of a confirmatory test by a licensed, certified laboratory as provided in chapter 329B. The cost of a confirmatory test shall be paid for by the State; provided that in those instances where a positive test result is confirmed, the inmate shall be charged with the cost of the confirmatory test.
(b) All specimens shall be sealed and coded in the presence of the inmate and the inmate shall sign an approved form acknowledging that the specimen has been sealed and coded in the inmate's presence. The director of the department of corrections and rehabilitation shall establish a chain-of-custody procedure that includes a tracking form documenting the handling and storage of the specimen from collection to final disposition of the specimen.
(c) Positive test results of substance abuse testing and the availability of a confirmatory test shall be provided to the inmate in writing.
(d) A positive test result from a substance abuse test that fails to meet the requirements of this section shall not be reported or recorded. [L 1992, c 201, §1; am L 2022, c 278, §29]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353. Corrections › 353-13.5 Election of private medical or psychological care by prisoners.

§353-13.5 Election of private medical or psychological care by prisoners.
The director shall permit prisoners to retain any private licensed medical doctor or psychologist for their own care at the correctional facility in addition to such care as may be provided by the department; provided that any fees or other costs charged by a private medical doctor or psychologist for such care shall be the sole responsibility of the prisoner and that such care shall not put the correctional facility to any hazard and that such care shall conform to the department's rules and established practices including any requirements concerning advance notice of visits with the prisoner. Medical doctors or psychologists who provide such care shall provide timely reports to the department as to the physical or psychological progress of the prisoner. If the private care is discontinued, the department shall be notified immediately by the private medical doctor or psychologist. In no event shall the department or the State incur any civil liability whatsoever as a result of any private medical or psychological care administered under this section. [L 1987, c 128, §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353. Corrections › 353-13.6 Involuntary medical treatment criteria. (a) An inmate or detainee in the custody of the department may be ordered to receive involuntary medical treatment, including the taking or application of medication, if the court finds that: (1) The inmate or detainee poses a danger of physical harm to self or danger of physical harm to others; (2) Treatment with medication is medically appropriate; and (3) Considering less intrusive alternatives, treatment is essential to forestall the danger posed by the inmate or detainee. (b) For the purposes of this section: "Danger of physical harm to others" means likely to cause substantial physical or emotional injury to another, as evidenced by an act, attempt, or threat occurring recently or through a pattern of past behavior that has resulted in the person being placed in a more restricted setting for the safety of others in the facility. "Danger of physical harm to self" means the person recently has threatened or attempted suicide or serious bodily self injury; or the person recently has behaved in such a manner as to indicate that the person is unable, without supervision and the assistance of others, to satisfy the need for nourishment, essential medical care, or self-protection, so that it is probable that death, substantial bodily injury, or serious physical or mental debilitation or disease will result unless adequate treatment is provided. [L 2011, c 72, pt of §2; am L 2016, c 35, §1]

§353-13.6
Involuntary medical treatment criteria.
(a) An inmate or detainee in the custody of the department may be ordered to receive involuntary medical treatment, including the taking or application of medication, if the court finds that:
(1) The inmate or detainee poses a danger of physical harm to self or danger of physical harm to others;
(2) Treatment with medication is medically appropriate; and
(3) Considering less intrusive alternatives, treatment is essential to forestall the danger posed by the inmate or detainee.
(b) For the purposes of this section:
"Danger of physical harm to others" means likely to cause substantial physical or emotional injury to another, as evidenced by an act, attempt, or threat occurring recently or through a pattern of past behavior that has resulted in the person being placed in a more restricted setting for the safety of others in the facility.
"Danger of physical harm to self" means the person recently has threatened or attempted suicide or serious bodily self injury; or the person recently has behaved in such a manner as to indicate that the person is unable, without supervision and the assistance of others, to satisfy the need for nourishment, essential medical care, or self-protection, so that it is probable that death, substantial bodily injury, or serious physical or mental debilitation or disease will result unless adequate treatment is provided. [L 2011, c 72, pt of §2; am L 2016, c 35, §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353. Corrections › 353-13.7 Initiation of proceeding for involuntary medical treatment.

§353-13.7 Initiation of proceeding for involuntary medical treatment.
(a) The director, or the director's designee, may file a petition for involuntary medical treatment alleging that a person in the custody of the department meets the criteria for involuntary medical treatment under section 353-13.6. The petition shall be executed subject to the penalties of perjury but need not be sworn to before a notary public and shall be filed in the circuit court of the circuit wherein the person who is the subject of the petition is in custody. The attorney general, the attorney general's deputy, special deputy, or appointee designated to present the case shall assist the petitioner to state the substance of the petition in plain and simple language. The petition may be accompanied by an affidavit or declaration of the licensed physician or psychologist who has examined the person within five days prior to submission of the petition, unless the person whose treatment is sought has refused to submit to a medical or psychological examination, in which case the fact of refusal shall be alleged in the petition. The affidavit or declaration shall set forth the signs and symptoms relied upon by the physician or psychologist to determine whether the person is in need of treatment, whether the person is capable of realizing and making a rational decision with respect to the person's need for treatment, and the recommended treatment. If the petitioner believes that further evaluation is necessary before treatment, the petitioner may request such further evaluation.
(b) If the person has been given an examination, evaluation, or treatment in a psychiatric facility or by the department within five days before the filing of the petition, and treatment is recommended by the staff of the facility or the department, the petition may be accompanied by an affidavit or declaration of the department's medical director or the mental health administrator in lieu of a physician's or psychologist's affidavit or declaration. [L 2011, c 72, pt of §2; am L 2016, c 35, §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353. Corrections › 353-13.8 Notice; waiver of notice; hearing on petition; waiver of hearing on petition for involuntary medical treatment.

§353-13.8 Notice; waiver of notice; hearing on petition; waiver of hearing on petition for involuntary medical treatment.
(a) The court shall set a hearing on the petition, and notice of the hearing shall be served personally on the person who is the subject of the petition, and personally or by certified or registered mail, return receipt requested, deliverable to the addressee only, on either the person's legal guardian or emergency contact listed while in the custody of the department, if such person can be located and served. Notice of the hearing shall also be served on the public defender, person's attorney, or other court-appointed attorney, as the case may be. If the person who is the subject of the petition is a minor, notice of the hearing shall also be served upon the person who has had the principal care and custody of the minor during the sixty days preceding the date of the petition if that person can be found within the State. Notice shall also be given to the other persons as the court may designate.
(b) The notice required by subsection (a) shall include:
(1) The date, time, place of hearing, a clear statement of the purpose of the proceedings and of possible consequences to the person who is the subject of the petition, and a statement of the legal standard upon which treatment is authorized;
(2) A copy of the petition;
(3) Written notice, in plain and simple language, that the person may waive the hearing by voluntarily agreeing to the care or treatment proposed;
(4) A completed form indicating the waiver described in paragraph (3) if the person waived the hearing;
(5) Written notice, in plain and simple language, that the person or the person's guardian or representative may apply at any time for a hearing on the issue of the person's need for care or treatment if the person has previously waived a hearing;
(6) Notice that the person is entitled to the assistance of an attorney and that the public defender has been notified of these proceedings;
(7) Notice that if the person does not want to be represented by the public defender, the person may contact the person's own attorney; and
(8) Notice, if applicable, that the petitioner intends to present evidence to show that the person is an incapacitated or protected person, or both, under article V of chapter 560, and whether the appointment of a guardian is sought at the hearing. If appointment of a guardian is to be recommended, and a nominee is known at the time the petition is filed, the identity of the nominee shall be disclosed.
(c) If the person who is the subject of the petition executes and files a waiver of the hearing, then upon acceptance by the court following a court determination that the person understands the person's rights and is competent to waive them, the court shall order the person to be given the care or treatment as the court deems to be proper under the circumstance. [L 2011, c 72, pt of §2; am L 2016, c 35, §3]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353. Corrections › 353-14 Cash furnished discharged committed person, when.

§353-14 Cash furnished discharged committed person, when.
(a)
Upon the discharge or parole of any committed person who has undergone a commitment or sentence of more than one year, the committed person may be furnished by the Hawaii paroling authority, in its discretion, with funds of not more than $200, to meet the committed person's immediate needs; provided that legislative appropriations for this specific purpose have been authorized and allocated to the authority. The expenditures made by the Hawaii paroling authority shall be included among the accounts for cost and maintenance of committed persons.
(b) The Hawaii paroling authority shall not use any moneys appropriated pursuant to subsection (a) for any purpose other than to meet a committed person's immediate needs. [L 1987, c 338, pt of §3; am L 1997, c 174, §1; am L 2018, c 79, §1]
Case Notes
Denial of "gate money" where parole board determined that plaintiffs had no immediate needs satisfied rational basis test; thus, there was no equal protection violation. 940 F. Supp. 1523 (1996).
Section (1987) provided Hawaii paroling authority board [sic] with complete discretion to assess inmates' needs and to award "gate money" as necessary in light of those needs; thus, no protected property interest existed. The right to "gate money" not so fundamental as to warrant constitutional protection apart from its status under state law. 940 F. Supp. 1523 (1996).
Where plaintiffs argued that State waived its Eleventh Amendment immunity through the enactment of this section and State's Tort Claims Act [sic], § §662-2 and 663-1, no express consent or applicable waiver provisions found. 940 F. Supp. 1523 (1996).
2023 Hawaii Revised Statutes › Title 20. Social Services › 353. Corrections › 353-15 Transfer of committed persons affected with communicable disease.

§353-15 Transfer of committed persons affected with communicable disease.
Upon written recommendation of the director of health that a committed person determined to have a communicable disease be removed to any hospital, settlement, or place for care and treatment of the communicable disease as designated by the director of health for such specialized care and treatment, the director of corrections and rehabilitation may direct any official having custody of any committed person convicted of a felony and incarcerated in a state correctional facility to cause the committed person to be removed to such a place as designated by the director of health, until discharged under chapter 325 or 326 or until the maximum sentence has been served. Any such committed person who may be discharged before the maximum term of imprisonment shall be returned to the state correctional facility from which the committed person was removed. Any such person who has served the maximum sentence before the committed person is discharged under chapter 325 or 326 shall remain in the custody of the director of health until lawfully discharged or removed by direction or permission. Supervision, care, and treatment of the committed person transferred to any hospital, settlement, or place for the care and treatment of the communicable disease shall be governed by the rules, policies, and procedures of the department of health. [L 1987, c 338, pt of §3; am L 1989, c 211, §8; am L 2022, c 278, §29]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353. Corrections › 353-16 Transfer of committed felon to federal institution.

§353-16 Transfer of committed felon to federal institution.
The director may effect the transfer of a committed felon to any federal correctional institution for imprisonment, subsistence, care, and proper employment of such a felon. [L 1987, c 338, pt of §3; am L 1992, c 267, §2]
Cross References
Interstate compact for the supervision of adult offenders, see chapter 353B.
Interstate corrections compact, see chapter 355D.
2023 Hawaii Revised Statutes › Title 20. Social Services › 353. Corrections › 353-16.2 Transfer of inmates to out-of-state institutions.

§353-16.2 Transfer of inmates to out-of-state institutions.
(a) The director may effect the transfer of a committed felon to any correctional institution located in another state regardless of whether the state is a member of the Western Interstate Corrections Compact; provided that the institution is in compliance with appropriate health, safety, and sanitation codes of the state, provides a level of program activity for the inmate that is suitable, and is operated by that state, by any of its political subdivisions, or by a private institution; and provided further that the transfer is either:
(1) In the interest of the security, management of the correctional institution where the inmate is presently placed, or the reduction of prison overcrowding; or
(2) In the interest of the inmate.
(b) Terms and conditions of the transfer and any reimbursement for expenses shall be agreed upon between the department and the out-of-state correctional institution prior to transfer. [L 1989, c 42, §1; am L 1992, c 267, §3; am L 1994, c 208, §2; am L 1995, c 170, §4; am L 1996, c 217, §1]
Cross References
Interstate compact for the supervision of adult offenders, see chapter 353B.
Interstate corrections compact, see chapter 355D.
2023 Hawaii Revised Statutes › Title 20. Social Services › 353. Corrections › 353-16.3 Development of out-of-state Hawaii correctional facilities.

§353-16.3 Development of out-of-state Hawaii correctional facilities.
Notwithstanding any other provision to the contrary, the governor, with the assistance of the director, may negotiate with any appropriate out-of-state jurisdiction for the development of Hawaii correctional facilities to reduce prison overcrowding; provided that any agreement negotiated pursuant to this section shall be subject to legislative approval by concurrent resolution in any regular or special session. [L 1992, c 267, §1; am L 1995, c 170, §5]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353. Corrections › 353-16.35 Development or expansion of in-state correctional facilities.

§353-16.35 Development or expansion of in-state correctional facilities.
(a) Notwithstanding any other law to the contrary, the governor, with the assistance of the director, may negotiate with any person for the development or expansion of private in-state correctional facilities or public in-state turnkey correctional facilities to reduce prison overcrowding; provided that if an environmental assessment or environmental impact statement is required for a proposed site or for the expansion of an existing correctional facility under section 343-5, then notwithstanding the time periods specified for public review and comments under section 343-5, the governor shall accept public comments for a period of sixty days following public notification of either an environmental assessment or an environmental impact statement.
(b) Any development or expansion proposal shall address the construction of the facility separate from the operation of the facility and shall consider and include:
(1) The percentage of low, medium, and high security inmates and the number of prison beds needed to incarcerate each of the foregoing classes of inmates;
(2) The facility's impact on existing infrastructure, and an assessment of improvements and additions that will be necessary;
(3) The facility's impact on available modes of transportation, including airports, roads, and highways; and
(4) A useful life costs analysis.
(c) For the purposes of this section, "useful life costs" means an economic evaluation that compares alternate building and operating methods and provides information on the design, construction methods, and materials to be used with respect to efficiency in building maintenance and facilities operation.
[L 1998, c 227, pt of §5; am L 2003, c 221, §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353. Corrections › 353-16.36 Contracts for construction of correctional facilities by private entities.

§353-16.36 Contracts for construction of correctional facilities by private entities.
The governor may enter into and execute contracts in the name of the State with any private entity to construct and then lease or purchase correctional facilities on public or private lands for the benefit of the State.
[L 1998, c 227, pt of §5]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353. Corrections › 353-16.37 Community partnering.

§353-16.37 Community partnering.
Regardless of the method for funding new prison facilities, the department of corrections and rehabilitation shall develop and implement a community partnering process to be incorporated into the request for proposal; this partnering process shall include a community hearing for the purpose of soliciting community input. Further, a community benefit and enhancement package shall be developed by the department and the affected community to mitigate the negative aspects of building a correctional facility in the community. The benefit and enhancement package may include but is not limited to:
(1) Infrastructure improvements;
(2) Job training programs or improvements to schools and health care facilities;
(3) Social programs; and
(4) Other government functions. [L 1998, c 227, pt of §5; am L 1999, c 134, §4; am L 2022, c 278, §29]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353. Corrections › 353-16.5 Transfer of offenders under treaty; authority of governor.

§353-16.5 Transfer of offenders under treaty; authority of governor.
(a) If a treaty in effect between the United States and a foreign country provides for the transfer or exchange of convicted offenders to the country of which they are citizens or nationals, the governor may, on behalf of the State and subject to the terms of the treaty, authorize the director of corrections and rehabilitation to consent to the transfer or exchange of offenders and take any other action necessary to initiate the participation of this State in the treaty.
(b) The transfer shall occur only if the receiving foreign country is on an approved list published by Amnesty International concerning that country's treatment of prisoners at the time of transfer. If the receiving country is not on an approved list as noted, the prisoner must consent to the prisoner's transfer to the receiving foreign country. [L 1987, c 53, §1 and c 338, §10; am L 1989, c 211, §8; gen ch 1992; am L 2022, c 278, §29]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353. Corrections › 353-17 Committed persons, furlough, employment.

§353-17 Committed persons, furlough, employment.
(a) The director or a designated agent may grant furloughs to committed persons with a minimum or lower security classification in any correctional facility of the department for the purpose of employment, social reorientation, education, or training, or any other valid purpose as determined by the director. Special out-of-state furloughs may be granted to those already otherwise furloughed, at no cost to the State, when death or critical illness or injury to the committed person's immediate family including a reciprocal beneficiary, occurs. Any committed person who is engaged in private employment, by contract or otherwise, not under the immediate custody of the State shall not be considered an agent or employee of the State. Any moneys earned from employment by such person shall be used to satisfy a restitution order and to reimburse the State for the cost of room and board. If any earned moneys remain after these expenses have been paid, that amount shall be held in an individual account for the committed person.
When an inmate is granted a special out-of-state furlough, the director shall inform the authorities of the state to which the inmate is to be furloughed of the inmate's arrival.
(b) Full power to enforce the terms and conditions of furlough and to retake and reincarcerate a furloughed committed person is conferred upon the director or designated agent. The director or a designated agent, at any time, may issue a warrant authorizing the arrest and return to actual custody of any furloughed committed person for the purpose of ascertaining whether or not the terms and conditions of furlough have been violated so as to justify revoking the furlough and to retake and reincarcerate the furloughed committed person. The administrators of all of the correctional facilities of the State, the chief of police of each county, all police officers of the State, and all correctional facility officials shall execute any such warrant of arrest in like manner as an ordinary criminal process.
(c) Any furloughed committed person retaken and reincarcerated as provided in this chapter shall be confined according to the committed person's sentence for that portion of the committed person's term remaining unserved at the time of furlough, but subsequent furloughs, in the discretion of the director or designated agent, may be granted to a committed person during the life and in respect of sentence. [L 1987, c 338, pt of §3; am L 1997, c 383, §51]
Cross References
Interstate compact for the supervision of adult offenders, see chapter 353B.
2023 Hawaii Revised Statutes › Title 20. Social Services › 353. Corrections › 353-19 Compensation for labor or training by committed persons.

§353-19 Compensation for labor or training by committed persons.
Every committed person, who is working within a state correctional facility or who is in such training or educational programs as the director or a designated agent pursuant to law prescribes, may be allowed such graduated sums of money as the director by policy determines. Any committed person, other than persons on work furlough, engaged in work, training, or education pursuant to this section or work pursuant to this chapter or chapter 354D shall not be considered an employee or in employment. [L 1987, c 338, pt of §3; am L 1990, c 341, §2; am L 2007, c 97, §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353. Corrections › 353-20 Custody of moneys; accounts for committed persons, etc.

§353-20 Custody of moneys; accounts for committed persons, etc.
All sums collected under this chapter and any other authorized sources shall be deposited by the department into one or more accounts with one or more financial institutions opened by the department for the specific purpose of maintaining committed persons' funds. The department shall maintain accounts for each committed person to allow committed persons use of their own funds for approved expenses and purchases during incarceration. The director may designate a percentage of all funds earned by the committed person while in custody to be deposited and held in a nonspendable account for the purpose of providing funds for that same committed person upon release from custody. The structure of these accounts shall be designed so that all funds deposited by or for a committed person shall be credited to the accounts. Accounts maintained by the department for committed persons shall not bear interest. No interest of any kind shall be paid to a committed person on any account maintained by the department for the committed person. The department shall provide quarterly accounting statements to all committed persons held in custody for over one quarter of the year. The department shall conduct annual audits on all committed persons' accounts. [L 1987, c 338, pt of §3; am L 2009, c 75, §1]
Note
The 2009 amendment applies to all committed persons' accounts established before and after May 26, 2009. L 2009, c 75, §2.
Case Notes
The plain language of this section expressly authorized the department of public safety to maintain only one individual trust account for prisoners pertaining to sums collected while committed; department violated this section where it maintained two accounts with respect to prisoner, one of which restricted withdrawals for purposes determined by the department, and the interest that accrued on prisoner's accounts must be paid on that account. 119 H. 275, 196 P.3d 277 (2008).
2023 Hawaii Revised Statutes › Title 20. Social Services › 353. Corrections › 353-21 Withdrawals; forfeitures; etc.

§353-21 Withdrawals; forfeitures; etc.
The department shall allow any committed person under its direction to draw from funds in the committed person's account such amounts and for such purpose as it may deem proper. Upon the parole or discharge of a committed person, the department shall pay the committed person any money to which the committed person may be entitled under this chapter. Upon the death of any committed person during incarceration, all funds to which the committed person may have been entitled shall be distributed as provided by law in the same manner as the committed person's other property; provided that the funds shall first be used to satisfy any restitution order in that committed person's name or any reimbursements to the State the director has determined is owed by the committed person. [L 1987, c 338, pt of §3]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353. Corrections › 353-22 Earnings exempt from garnishment, etc.

§353-22 Earnings exempt from garnishment, etc.
No moneys earned by a committed person and held by the department, to any amount whatsoever, shall be subject to garnishment, levy, or any like process of attachment for any cause or claim against the committed person, except as provided for in section 353-22.5. [L 1987, c 338, pt of §3; am L 1993, c 294, §2; am L 1996, c 189, §3]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353. Corrections › 353-22.5 Garnishment to cover nonbudgeted costs. All moneys received by windfall or earned by a committed person shall be subject to garnishment, levy, or any like process of attachment by the director for a cause of action or claim against the committed person in the following order of priority: (1) Restitution to victims; (2) Child support payments by order of the court; (3) Replacement costs for any facility damage that may have been caused by the committed person and all other costs associated with the facility damage; and (4) Reimbursement for the extraordinary cost of photocopying or postage which has been advanced by the department for litigation purposes. All moneys collected by the department pursuant to paragraph (3) or (4) shall be used to reimburse, in whole or in part, the nonbudgeted costs and expenses. [L 1996, c 189, §2]

§353-22.5
Garnishment to cover nonbudgeted costs.
All moneys received by windfall or earned by a committed person shall be subject to garnishment, levy, or any like process of attachment by the director for a cause of action or claim against the committed person in the following order of priority:
(1) Restitution to victims;
(2) Child support payments by order of the court;
(3) Replacement costs for any facility damage that may have been caused by the committed person and all other costs associated with the facility damage; and
(4) Reimbursement for the extraordinary cost of photocopying or postage which has been advanced by the department for litigation purposes.
All moneys collected by the department pursuant to paragraph (3) or (4) shall be used to reimburse, in whole or in part, the nonbudgeted costs and expenses. [L 1996, c 189, §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353. Corrections › 353-22.6 Victim restitution.

§353-22.6 Victim restitution.
[Repeal and reenactment on July 1, 2018, by L 2013, c 67,
§2, as shown in the main volume, deleted by L 2016, c 231,
§69.]
The director of corrections and rehabilitation shall enforce victim restitution orders against all moneys earned by the inmate or deposited or credited to the inmate's individual account while incarcerated. Notwithstanding any law or order to the contrary, the amount deducted shall be twenty-five per cent of the total of all moneys earned, new deposits, and credits to the inmate's individual account. The moneys intended for victim restitution shall be deducted monthly and paid to the victim once the amount reaches $25, or annually, whichever is sooner. This section shall not apply to moneys earned on work furlough pursuant to section 353-17. [L 1987, c 127, §1 and c 338, §10; am L 1988, c 141, §32; am L 1989, c 211, §8; am L 2012, c 139, § §10, 14(4); am L 2016, c 231, §61; am L 2022, c 278, §29]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353. Corrections › 353-22.8 Orders for payment of child support.

§353-22.8 Orders for payment of child support.
The director of corrections and rehabilitation shall comply with orders for payment of child support from inmate individual trust accounts to the child support enforcement agency pursuant to section 571-52, 571-52.2, 576D
-
14, or 576E-16, this section, or chapter 576B. When the total of all new deposits and credits to the inmate's individual trust account in a given month is less than or equal to $15, no payment shall be made for child support that month out of the trust account. When the total of all new deposits and credits to the inmate's individual trust account in a given month exceeds $15, no more than thirty per cent of the total new deposit or credit to the individual's trust account shall be paid for child support out of the account for that month. [L 1993, c 294, §1; am L 1997, c 293, §18; am L 1998, c 11, §19; am L 2022, c 278, §29]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353. Corrections › 353-23 Disposition of property subject to action for damages.

§353-23 Disposition of property subject to action for damages.
No disposition of any estate, either by will or otherwise, after the arrest for crime of which the committed person was convicted, whether the sentence is for life or otherwise, shall have any advantage or preference over the claim of any person entitled to damages for a private injury committed by the criminal, unless the disposition was made for a valuable and equivalent consideration to a person ignorant of the arrest. [L 1987, c 338, pt of §3]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353. Corrections › 353-24 Conservators of committed persons, appointed when.

§353-24 Conservators of committed persons, appointed when.
Whenever a person is sentenced to imprisonment for any felony for a term exceeding one year, any judge having probate powers, upon application, may appoint a conservator to have the care and management of the committed person's estate, real and personal, during the term of imprisonment or until the committed person is finally discharged from the sentence. The letters of conservatorship shall be revoked by the pardon or final discharge of the committed person, but the revocation shall not invalidate legal acts done by the conservator. [L 1987, c 338, pt of §3; am L 2004, c 161, §11]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353. Corrections › 353-25 Powers and duties of conservator.

§353-25 Powers and duties of conservator.
Every conservator appointed for any committed person shall pay all the just debts due from the committed person out of the committed person's personal estate, if sufficient, and if not, out of the committed person's real estate, upon obtaining an order for the sale thereof from the judge. The conservator shall also settle all accounts of the committed person, and demand, sue for, and receive all debts due to the committed person, and, with the approbation of the judge, may compound for the same and give a discharge to the debtor. The conservator shall appear for and represent the ward in all legal suits and proceedings, except when another person is appointed for that purpose.
The conservator shall have all the rights and duties, as well as the responsibilities, respecting the management and disposal of the committed person's estate, as appertain to the guardian or conservator of a minor or insane person. The conservator shall manage the estate without waste, and the profits thereof, so far as may be necessary, for the comfortable and suitable maintenance of the committed person's family, if there be any, and if the profits are insufficient for that purpose, may sell the real estate and apply the proceeds thereto, upon obtaining the license of the judge. [L 1987, c 338, pt of §3; am L 2004, c 161, §12; am L 2005, c 22, §21]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353. Corrections › 353-26 Removal of conservator.

§353-26 Removal of conservator.
The conservator may be removed, and another conservator appointed in the former conservator's place, whenever the judge thinks there is just cause for removal. [L 1987, c 338, pt of §3; am L 2004, c 161, §13; am L 2005, c 22, §22]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353. Corrections › 353-27 Compensation; expenses.

§353-27 Compensation; expenses.
Every conservator shall be compensated for the conservator's services in an amount the judge before whom the ward's accounts are settled considers just and proper. The conservator shall also be allowed the amount of reasonable expenses. [L 1987, c 338, pt of §3; am L 2004, c 161, §14]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353. Corrections › 353-28 Property given to committed persons.

§353-28 Property given to committed persons.
All property given or in any manner whatsoever accruing to a committed person, shall vest in the committed person's conservator, if the committed person is sentenced for a term of years, to be disposed of in the same manner as the committed person's other property; or if the committed person is sentenced for life, shall vest in the committed person's heirs or legatees; provided that any funds accumulated by the committed person and placed into an account as provided under section 353
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20 shall be under the control and management of the director. [L 1987, c 338, pt of §3; am L 2004, c 161, §15]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353. Corrections › 353-28.5 Visits from family members.

§353-28.5 Visits from family members.
(a)
Family members shall be allowed to visit an inmate at any state correctional facility during official visiting hours.
(b) A visit from a family member shall be preapproved and prescheduled. Notwithstanding any other law to the contrary, preapproved and prescheduled visits for which family members have incurred substantial costs, including but not limited to travel from a neighbor island or the mainland, shall not be canceled due to staff absenteeism or any nonemergency situation.
(c) The department shall develop internal policies and procedures consistent with this section.
(d) For the purposes of this section, "family members" means persons who are related to each other by blood, marriage, adoption, or legal guardianship, or as reciprocal beneficiaries. [L 2006, c 318, §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353. Corrections › 353-29 What officials may visit.

§353-29 What officials may visit.
The governor, lieutenant governor, attorney general, director of finance, director of health, comptroller, judges of all state courts, the ombudsman, the mayors of the counties, members of the legislature, and members of county councils shall be allowed at suitable hours to visit any state correctional facility. [L 1987, c 338, pt of §3]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353. Corrections › 353-30 Others by permission.

§353-30 Others by permission.
Only official visitors shall be allowed to visit any state correctional facility or to have any oral or written communication with a committed person, unless with the written permission of the administrator of the correctional facility or the director. No visitor shall deliver to or receive from any committed person any letter or message except with permission granted by the administrator of a state correctional facility pursuant to rules adopted by the director or facility administrator. Unauthorized communications, passing of documents, or visiting shall be a class C felony. [L 1987, c 338, pt of §3]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353. Corrections › 353-31 Revolving funds for correctional facility stores.

§353-31 Revolving funds for correctional facility stores.
Subject to the approval of the department of budget and finance, a special revolving fund for each correctional facility store may be established for the purpose of purchasing items to be resold to inmates. All moneys received from the resale of allowable items in correctional facility stores shall be deposited in the revolving fund for each such store. The proceeds of each fund shall be expended at the discretion of the director, but shall be used only for purchasing items to be resold to inmates and for purchasing of other goods or services for inmate benefits and needs. [L 1987, c 338, pt of §3]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353. Corrections › 353-32 Gifts.

§353-32 Gifts.
(a) Notwithstanding any other law to the contrary, the department may receive, use, manage, and invest moneys or property, real, personal, or mixed, which may be given, bequeathed, devised, or in any other manner provided from sources other than the legislature or the federal government, for any purpose authorized by this chapter and not inconsistent with any terms or conditions imposed by the donor, subsection (b), or chapter 84.
(b) A gift of money shall be deposited by the director of finance in a separate account in the state treasury and expended in accordance with law and any terms and conditions that may pertain to the gift. Unless otherwise specified as a term or condition, the department may convert a gift of property into money. Income derived from property or the conversion of property may be used to pay for the storage, handling, and distribution of other properties held by the department.
(c) All expenditures made pursuant to this section shall be subject to the approval of the director of corrections and rehabilitation.
(d) The department shall maintain records of each gift, the essential facts of the management thereof, details relating to expenditures of all moneys made pursuant to this section, and the current disposition, use, and condition of each gifted property held by the department. This information shall be compiled and transmitted annually to the legislature and the governor, and shall be made available to the general public free of charge. [L 1992, c 100, §1; am L 2022, c 278, §29]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353. Corrections › 353-34 Probation services fee; assessment.

§353-34 Probation services fee; assessment.
Any defendant received for supervision pursuant to chapter 353B shall be assessed a probation services fee pursuant to section 706-648. [L 2000, c 205, §1; am L 2004, c 78, §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353. Corrections › 353-35 Incarcerated parents; data collection.

§353-35 Incarcerated parents; data collection.
Beginning on July 1, 2016, the department shall collect the following data upon intake of offenders into the correctional system:
(1) The number of offenders who are parents;
(2) The number of children under the age of eighteen, per offender who is a parent; and
(3) Any other information about incarcerated parents and their children that the department deems useful to facilitate the provision of services to incarcerated parents or their children. [L 2015, c 16, §2]
Note
Forms or questions to ask offenders; plan for management of data collected and public disclosure of data. L 2015, c 16, §3.
2023 Hawaii Revised Statutes › Title 20. Social Services › 353. Corrections › 353-38 Federal reimbursement maximization special fund.

§353-38 Federal reimbursement maximization special fund.
(a) There is established in the state treasury the federal reimbursement maximization special fund, into which shall be deposited all federal reimbursements received by the department relating to the State Criminal Alien Assistance Program. Unless otherwise provided by law, all other receipts shall immediately be deposited to the credit of the general fund of the State.
(b) Moneys in the federal reimbursement maximization special fund shall be used by the department for the following purposes:
(1) To meet the state match requirement for federal grants and costs associated with federal grant reporting requirements, including administrative expenses such as the hiring of temporary staff;
(2) For any other purpose deemed necessary by the department for maintaining or pursuing federal grants;
(3) To hire consultants to provide training for corrections officers;
(4) To hire consultants to conduct facility or program evaluations;
(5) To rent or purchase vehicles to transport inmates;
(6) To provide pre-release and reentry programs;
(7) To improve technology; and
(8) To recruit and retain corrections workforce.
(c) The department shall prepare and submit an annual report on the status of the federal reimbursement maximization special fund to the legislature no later than twenty days before the convening of each regular session. The annual report shall include a description of the use of the funds. [L 2022, c 278, pt of §18]
2023 Hawaii Revised Statutes › Title 20. Social Services › 353. Corrections › 353-39 Sexual assaults in prison.

§353-39 Sexual assaults in prison.
(a) The department, to the best of the department's ability, shall address sexual assault in prison and make every effort to seek grant moneys from the federal government to implement those efforts. The department shall place priority upon establishing:
(1) Appropriate counseling services for sexual assault, to be made available to victims of prison sexual assault within twenty-four hours of the report of an assault; and
(2) Policies and standards of transparency to achieve a zero-tolerance policy for sexual assault.
(b) The department, no later than twenty days prior to the convening of each regular session, shall report data to the legislature regarding:
(1) Sexual assault by persons in custody against other persons in custody of the department;
(2) Sexual assault by correctional staff against persons in custody of the department;
(3) Non-criminal sexual misconduct by staff, including sexual harassment of persons in custody of the department;
(4) Criminal cases initiated, and closed by dismissal, plea, or verdict, for sexual assaults by or upon a person in custody of the department; and
(5) Civil claims filed and closed by dismissal, settlement, or verdict for sexual assaults by or upon a person in custody of the department.
(c) The department shall preserve any forensic evidence consisting of human biological specimens for collection by the relevant criminal investigation entity or coroner, if there is any indication of sexual assault leading to the death of any:
(1) Correctional facility or community correctional center employee who dies on the grounds of a correctional facility or community correctional center where Hawaii inmates reside or who sustains an injury on the grounds of a correctional facility or community correctional center where Hawaii inmates reside that causes the death of the employee; and
(2) Hawaii inmate who is incarcerated in a state or contracted correctional facility. [L 2022, c 278, pt of §18]