2013 Hawaii Revised Statutes
TITLE 37. HAWAII PENAL CODE
712. Offenses Against Public Health and Morals
712-1255 Conditional discharge.

Cross References

Drug demand reduction assessments; special fund, see §706-650.

Intermediate sanctions for selected offenders and defendants, see §§353-10.5, 353-63.5, and 706-605.1.

Money laundering, see chapter 708A.

Law Journals and Reviews

Marijuana Prohibition in Hawaii. 13 HBJ No. 3 Fall 1977, pg. 9.

Case Notes

When a statute proscribes a substance as harmful, presumption of constitutionality applies although scientific views on harm are conflicting. This rule applies to marijuana cases. 56 H. 271, 535 P.2d 1394.

Defendants with prior felony convictions of drug offenses are disqualified from sentencing pursuant to §706-622.5, even if the convictions occurred in other jurisdictions and therefore not "under part IV of chapter 712", so long as the offenses would implicate this part if committed in Hawaii. 104 H. 71, 85 P.3d 178 (2004).

§712-1255 Conditional discharge. (1) Whenever any person who has not previously been convicted of any offense under this chapter or chapter 329 or under any statute of the United States or of any state relating to a dangerous drug, harmful drug, detrimental drug, or an intoxicating compound, pleads guilty to or is found guilty of promoting a dangerous drug, harmful drug, detrimental drug, or an intoxicating compound under section 712-1243, 712-1245, 712-1246, 712-1248, 712-1249, or 712-1250, the court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place the accused on probation upon terms and conditions. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided.

(2) Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against the person.

(3) Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime.

(4) There may be only one discharge and dismissal under this section with respect to any person.

(5) After conviction, for any offense under this chapter or chapter 329, but prior to sentencing, the court shall be advised by the prosecutor whether the conviction is defendant's first or a subsequent offense. If it is not a first offense, the prosecutor shall file an information setting forth the prior convictions. The defendant shall have the opportunity in open court to affirm or deny that the defendant is identical with the person previously convicted. If the defendant denies the identity, sentence shall be postponed for such time as to permit the trial, before a jury if the defendant has a right to trial by jury and demands a jury, on the sole issue of the defendant's identity with the person previously convicted. [L 1972, c 9, pt of §1; am L 1987, c 176, §10; gen ch 1993]

Case Notes

Conditional discharge procedures are not applicable to offense under §712-1247(1)(e), which is not included among the offenses listed in this section. 58 H. 412, 570 P.2d 1323.

Conditional discharge of defendant under §712-1255 is not a final disposition of the case appealable by the State. 60 H. 576, 592 P.2d 832.

Order granting belated motion for reconsideration or correction of sentence and conditional discharge under section is not a reversal of criminal conviction for purposes of Hawaii Supreme Court rule 2.13 (attorneys convicted of crimes). 73 H. 172, 829 P.2d 1329.