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2021 Hawaii Revised Statutes
Title 20. Social Services
351. Crime Victim Compensation
PART I. INTRODUCTORY
PART II. ESTABLISHMENT OF COMMISSION
- 351-11 Crime victim compensation commission.
- 351-12 Tenure and compensation of members.
- 351-13 Powers and procedures of commission.
- 351-14 Hearings and evidence.
- 351-15 Medical examination.
- 351-16 Attorneys' fees.
- 351-17 Reconsideration by commission; judicial review.
- 351-31 Eligibility for compensation.
- 351-32 Violent crimes.
- 351-33 Award of compensation.
- 351-34 REPEALED.
- 351-35 Recovery from offender.
- 351-61 Terms of order.
- 351-62 Limitations upon award of compensation.
- 351-62.5 Crime victim compensation special fund; when payments authorized.
- 351-62.6 Compensation fee.
- 351-63 Recovery from collateral source.
- 351-64 No double recovery.
- 351-64.5 Recovery of compensation paid. (a) Any person who has received under this chapter any amount as compensation to which the person was not entitled shall be liable for that amount unless the overpayment was received without fault on the part of the recipient and its recovery would be against equity and good conscience. The order or decision shall specify that the person is liable to repay to the fund the amount of overpaid compensation and the basis of the overpayment. (b) The person liable shall, in the discretion of the commission, either repay any amount to the crime victim compensation special fund or have such amount deducted from any future compensation payable to the person under this chapter. (c) Failure to comply with the provisions of this section by the person liable to repay overpaid compensation may at the discretion of the commission, result in civil action in the name of the State by the attorney general. [L 1996, c 236, §2; am L 1998, c 240, §7; am L 1999, c 18, §9]
- 351-65 Legal adviser.
- 351-66 Exemption from execution.
- 351-67 Survival and abatement.
- 351-68 Rulemaking powers.
- 351-69 Commission staff.
- 351-70 Annual report.
- 351-81 Deposit of copy of contract upon indictment or charge of criminal offense.
- 351-82 Effect of conviction upon contract; deposit of monetary compensation with the commission.
- 351-83 Collection account, creation, disbursements.
- 351-84 Special account, creation, disbursements.
- 351-85 Collection, special accounts to be interest bearing.
- 351-86 Money deposited not subject to execution, levy, attachment, or lien.
- 351-87 Lien in favor of State.
- 351-88 Part not applicable; return of moneys held.
Note
Chapter heading amended by L 1998, c 240, 2.
Case Notes
Trial court was not authorized, under 706-605, to order defendant to pay restitution to the Honolulu police department for its drug "buy money" expenses where (1) it was unlikely that ordering defendant to pay restitution would aid defendant in developing a degree of self-respect and pride in knowing that defendant has righted the wrong committed; and (2) department did not qualify as a "crime victim" under this chapter and defendant's offenses did not qualify as a "violent crime" under 351-32. 93 H. 34 (App.), 995 P.2d 335 (2000).
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