2012 Hawaii Revised Statutes
TITLE 37. HAWAII PENAL CODE
706. Disposition of Convicted Defendants
706-605.5 Program of regimental discipline.

Law Journals and Reviews

Comments and Questions About Mental Health Law in Hawaii. 13 HBJ No. 4 Winter 1978, pg. 18.

§706-605.5 Program of regimental discipline. (1) The department of public safety is authorized to implement a rigorous offender program based on regimental discipline. Participants shall undergo a regimen of hard work, physical training, intensive counseling, and educational and treatment programs within a highly structured and motivational environment. The program shall be available to defendants and committed persons who:

(a) Have not been convicted of a class A felony;

(b) Are not considered violent;

(c) Are chosen by the director of public safety;

(d) Are in good physical condition;

(e) Have not been previously sentenced to an indeterminate term of imprisonment; and

(f) Are willing to participate in the program.

(2) The court, with the approval of the director of public safety, may order a defendant to satisfactorily complete a program of regimental discipline of not less than ninety days before the court sentences a defendant or as a condition of probation or a deferred acceptance of guilty plea.

(3) If a defendant is ordered to complete a program, the director of public safety shall certify to the court whether the defendant completed the program satisfactorily. If the defendant fails to complete the program satisfactorily as a condition of a deferred acceptance of guilty plea, such a failure shall be considered in accordance with section 853-3. If a defendant fails to complete the program satisfactorily as a condition of probation, such a failure shall be considered in accordance with section 706-625. [L 1993, c 338, §2]

COMMENTARY ON §706-605.5

Act 338, Session Laws 1993, added this section to authorize the department of public safety to implement a rigorous offender program based on regimental discipline. The legislature, which is concerned with the problem of prison overcrowding, found that the program established by this section is a viable alternative to incarceration for first-time offenders, who are more likely to respond to rehabilitative efforts. Conference Committee Report No. 212.