2020 Hawaii Revised Statutes
Title 37. Hawaii Penal Code
706. Disposition of Convicted Defendants
DISPOSITION, AND CLASSES OF FELONIES
- 706-600 Sentence in accordance with this chapter.
- 706-600.5 Definitions of terms in this chapter.
- 706-600.6 Time of release.
- 706-601 Pre-sentence diagnosis and report.
- 706-602 Pre-sentence diagnosis, notice to victims, and report.
- 706-603 DNA analysis monetary assessment; DNA registry special fund.
- 706-604 Opportunity to be heard with respect to sentence; notice of pre-sentence report; opportunity to controvert or supplement; transmission of report to department.
- 706-605 Authorized disposition of convicted defendants.
- 706-605.1 Intermediate sanctions; eligibility; criteria and conditions.
- 706-605.5 REPEALED.
- 706-605.6 Assault against a sports official.
- 706-606 Factors to be considered in imposing a sentence.
- 706-606.1 REPEALED.
- 706-606.2 Special sentencing considerations for arson; other actions not prohibited.
- 706-606.3 Expedited sentencing program.
- 706-606.4 Sentencing in enumerated offenses committed in the presence of a minor.
- 706-606.5 Sentencing of repeat offenders.
- 706-606.6 Repeat violent and sexual offender; enhanced sentence.
- 706-607 Civil commitment in lieu of prosecution or of sentence.
- 706-608 Penalties against corporations and unincorporated associations; forfeiture of corporate charter or revocation of certificate authorizing foreign corporation to do business in the State.
- 706-609 Resentence for the same offense or for offense based on the same conduct not to be more severe than prior sentence.
- 706-610 Classes of felonies.
- 706-620 Authority to withhold sentence of imprisonment.
- 706-621 Factors to be considered in imposing a term of probation.
- 706-622 Requirement of probation; exception.
- 706-622.5 Sentencing for drug offenders; expungement.
- 706-622.8 First-time drug offender prior to 2004; probation; expungement
- 706-622.9 Sentencing for first-time property offenders; expungement.
- 706-623 Terms of probation.
- 706-624 Conditions of probation.
- 706-624.5 Notice of probation.
- 706-625 Revocation, modification of probation conditions.
- 706-626 Summons or arrest of defendant on probation; commitment without bail.
- 706-627 Tolling of probation.
- 706-628 REPEALED.
- 706-629 Calculation of multiple dispositions involving probation and imprisonment, or multiple terms of probation.
- 706-630 Discharge of defendant.
- 706-631 Probation is a final judgment for other purposes.
- 706-640 Authorized fines.
- 706-641 Criteria for imposing fines.
- 706-642 Time and method of payment.
- 706-643 Disposition of funds.
- 706-644 Consequences of nonpayment; imprisonment for contumacious nonpayment; summary collection.
- 706-645 Revocation of fine or restitution.
- 706-646 Victim restitution.
- 706-647 Civil enforcement.
- 706-648 Probation services fee.
- 706-649 Probation services special fund.
- 706-650 Drug demand reduction assessments; special fund.
- 706-650.5 Human trafficking victim services fund.
- 706-651 Payments by defendant; order of priority.
- 706-656 Terms of imprisonment for first and second degree murder and attempted first and second degree murder.
- 706-657 Enhanced sentence for second degree murder.
- 706-659 Sentence of imprisonment for class A felony.
- 706-660 Sentence of imprisonment for class B and C felonies; ordinary terms; discretionary terms.
- 706-660.1 Sentence of imprisonment for use of a firearm, semiautomatic firearm, or automatic firearm in a felony.
- 706-660.2 Sentence of imprisonment for offenses against children, elder persons, or handicapped persons.
- 706-661 Extended terms of imprisonment.
- 706-662 Criteria for extended terms of imprisonment.
- 706-663 Sentence of imprisonment for misdemeanor and petty misdemeanor.
- 706-664 Procedure for imposing extended terms of imprisonment.
- 706-665 Former conviction in another jurisdiction.
- 706-666 Definition of proof of conviction.
- 706-667 Young adult defendants.
- 706-668 REPEALED.
- 706-668.5 Multiple sentence of imprisonment.
- 706-669 Procedure for determining minimum term of imprisonment.
- 706-670 Parole procedure; release on parole; terms of parole, recommitment, and reparole; final unconditional release.
- 706-670.5 Notice of parole or final unconditional release.
- 706-671 Credit for time of detention prior to sentence; credit for imprisonment under earlier sentence for same crime.
- 706-672 Place of imprisonment.
- 706-673 Notice of escape.
Cross References
Corrections population management commission, see chapter 353F.
Overdose prevention; limited immunity, see 329-43.6.
COMMENTARY ON CHAPTER 706
Act 314, Session Laws 1986, amended this chapter to reflect a shift from the present policy underlying sentencing, which emphasizes rehabilitation, to one intended to achieve the goal of just punishment. Conference Committee Report No. 51-86.
Case Notes
Neither this chapter 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).
Chapter not violated and pre-sentence report sufficiently complied with 706-602, where defendant asserted that court did not order or receive a pre-sentence correctional diagnosis and report as required by 706-601(1)(a), therefore, since the information required under 706-602 was not furnished to court for its consideration in imposing sentence, the sentences were not imposed in accordance with provisions of this chapter and were illegal. 10 H. App. 535, 880 P.2d 208 (1992).
Criminal contempt of court under 710-1077 is not available as a sanction for a violation of a condition of probation as there is no provision in this chapter that authorizes the use of criminal contempt as a sanction for violation of a condition of probation; the exclusive sanctions for a violation of a condition of probation in this chapter are set forth in 706-625. 120 H. 312 (App.), 205 P.3d 577 (2009).
