2013 Hawaii Revised Statutes
TITLE 37. HAWAII PENAL CODE
706. Disposition of Convicted Defendants
706-649 Probation services special fund.

Note

Part heading amended by L 1998, c 269, §3; L 2000, c 205, §5.

§706-649 Probation services special fund. (1) There is established in the state treasury a special fund to be known as the probation services special fund. All probation services fees collected under section 706-648 shall be deposited into this fund.

(2) Moneys in the probation services special fund shall be used by the judiciary to:

(a) Monitor and enforce compliance with the terms and conditions of probation and other supervision programs for defendants; and

(b) Support other duties and activities related to the supervision of defendants. [L 2000, c 205, pt of §2; am L 2004, c 10, §11; am L 2012, c 303, §2]

COMMENTARY ON §706-649

Act 10, Session Laws 2004, amended this section by removing the reference to the probation services special fund's exemption under §§36-27 and 36-30, to make this section consistent with the amendments made to §§36-27 and 36-30 by L 2003, c 179. Act 179, Session Laws 2003, amended §§36-27 and 36-30 by removing the exemption of certain special funds, among them the probation services special fund under this section, from paying the costs of central service operations of government and administrative expenses incurred by the departments responsible for the operations supported by the special funds. However, this section was not amended and still contained language exempting the fund from these expenses. House Standing Committee Report No. 1015-04.

Act 303, Session Laws 2012, amended this section by specifying that moneys in the probation services special fund be used by the Judiciary to monitor and enforce the compliance of probation terms and other supervision programs for defendants, and support other duties and activities related to the supervision of defendants. The legislature found that in 2008, it authorized the Judiciary and the Hawaii paroling authority to asses a fee for each application made by a parolee or probationer for a transfer out of the State to the mainland, and required that the fees collected be deposited into the general fund. During that same year, the legislature established a full-time position for an interstate coordinator to manage these transfer activities, but did not fund this position. Although the interstate coordinator position was eventually funded and filled through monies from the probation services special fund, additional revenue was needed to support the cost of an interstate coordinator. The interstate coordinator is an important position within the State's interstate compact office because the coordinator oversees all interstate matters and serves as the primary contact for Hawaii probation and parole staff and mainland staff to ensure the accurate screening and timely processing of all transfer requests. Act 303 would allow the interstate transfer fees to be deposited into the probation services special fund to help defray the costs of an interstate coordinator and other related expenses, and clarified the purposes of the probation services special fund. Senate Standing Committee Report No. 2338, Senate Standing Committee Report No. 3278.