2021 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 Commentary:
- 706-600.5 Definitions of terms in this chapter.
- 706-600.6 Time of release.
- 706-601 Pre-sentence diagnosis and report. §706-601 Commentary:
- 706-602 Pre-sentence diagnosis, notice to victims, and report. §706-602 Commentary:
- 706-603 DNA analysis monetary assessment; DNA registry special fund. §706-603 Commentary:
- 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. §706-604 Commentary:
- 706-605 Authorized disposition of convicted defendants. §706-605 Commentary:
- 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- 706-605.5 REPEALED.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- 706-606.1 REPEALED.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. (1) In addition to any other penalty imposed, a person convicted of arson involving fire set to brush, grass, vegetation on the land resulting in damage to ten thousand square feet or more of property, may be required to: (a) Pay any costs associated with extinguishing the fire, which shall include, but are not limited to: (i) Personnel salary, benefits, and overtime; (ii) The operation, maintenance, and repair of apparatus, aircraft, and equipment; (iii) Supplies expended, damaged, or lost; and (iv) Rehabilitation supplies during firefighting operations; and (b) Perform community service work in the region in which the property damage occurred. With regard to any fine or monetary penalty that may be imposed on a minor convicted or adjudicated for an offense of arson, the parents or legal guardians of the minor shall be liable for the percentage of costs associated with extinguishing the fire based upon the apportionment of fire damage to real or personal property caused by the minor as a result of committing the offense of arson, regardless of whether the property is publicly or privately owned. (2) Nothing in this section shall prohibit a separate criminal action being brought by the State or a civil action being brought by the State or a third party for conduct that constitutes an offense of arson. [L 2006, c 182, §1; am L 2007, c 9, §18 and c 11, §1; am L 2008, c 17, §1] Cross References Arson, see chapter 708, pt XIII. COMMENTARY ON §706-606.2 Act 182, Session Laws 2006, added this section, creating special sentencing considerations for arson. The section allows the assessment of the costs associated with putting out a fire and community service against the person who set the fire. The section also holds a parent or guardian of a minor who sets a brush fire liable for the cost of damages attributable to the minor. The legislature found that making parents and legal guardians of minor defendants liable for dama
- 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. §706-607 Commentary:
- 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. §706-608 Commentary:
- 706-609 Resentence for the same offense or for offense based on the same conduct not to be more severe than prior sentence. §706-609 Commentary:
- 706-610 Classes of felonies. §706-610 Commentary:
- 706-620 Authority to withhold sentence of imprisonment. §706-620 Commentary:
- 706-621 Factors to be considered in imposing a term of probation. §706-621 Commentary:
- 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. §706-623 Commentary:
- 706-624 Conditions of probation. §706-624 Commentary:
- 706-624.5 Notice of probation.
- 706-625 Revocation, modification of probation conditions. §706-625 Commentary:
- 706-626 Summons or arrest of defendant on probation; commitment without bail. §706-626 Commentary:
- 706-627 Tolling of probation. §706-627 Commentary:
- 706-628 REPEALED.
- 706-629 Calculation of multiple dispositions involving probation and imprisonment, or multiple terms of probation. §706-629 Commentary:
- 706-630 Discharge of defendant. §706-630 Commentary:
- 706-631 Probation is a final judgment for other purposes.
- 706-640 Authorized fines.
- 706-641 Criteria for imposing fines. §706-641 Commentary:
- 706-642 Time and method of payment.
- 706-643 Disposition of funds.
- 706-644 Consequences of nonpayment; imprisonment for contumacious nonpayment; summary collection. §706-644 Commentary:
- 706-645 Revocation of fine or restitution.
- 706-646 Victim restitution.
- 706-647 Civil enforcement.
- 706-648 Probation services fee.
- 706-649 REPEALED.
- 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 Commentary:
- 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. (1) Notwithstanding section 706-669, if not subjected to an extended term of imprisonment pursuant to section 706-662, a person shall be sentenced to a mandatory minimum term of imprisonment without possibility of parole as provided in subsection (2) if: (a) The person, in the course of committing or attempting to commit a felony, causes the death or inflicts serious or substantial bodily injury upon another person who is: (i) Sixty years of age or older; (ii) Blind, a paraplegic, or a quadriplegic; or (iii) Eight years of age or younger; and (b) Such disability is known or reasonably should be known to the defendant. (2) The term of imprisonment for a person sentenced pursuant to subsection (1) shall be as follows: (a) For murder in the second degree--fifteen years; (b) For a class A felony--six years, eight months; (c) For a class B felony--three years, four months; (d) For a class C felony--one year, eight months. [L 1988, c 89, §1; am L 1990, c 67, §8; am L 2015, c 35, §22] COMMENTARY ON §706-660.2 Act 89, Session Laws 1988, added this section to mandate harsher penalties for crimes against victims who are less able to protect themselves. The legislature found that passage of this section will afford a greater measure of protection for the groups designated in this section. House Standing Committee Report No. 459-88, Senate Standing Committee Report No. 2544. Act 35, Session Laws 2015, amended this section by adding subsection designations and making other technical nonsubstantive amendments. Law Journals and Reviews Elder Abuse and Laws to Protect Older Persons in Hawaii. 15 HBJ, no. 13, at 93 (2013). Case Notes No error in sentence of life imprisonment with a mandatory minimum term of fifteen years for attempted second degree murder of infant by abandonment where defendant left infant in danger of death by reason of exposure or accident. 73 H. 109, 831 P.2d 512 (1992). Determination that a defe
- 706-661 Extended terms of imprisonment.
- 706-662 Criteria for extended terms of imprisonment. § §706-661 and 706-662 Commentary:
- 706-663 Sentence of imprisonment for misdemeanor and petty misdemeanor. §706-663 Commentary:
- 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. §706-667 Commentary:
- 706-668 REPEALED.
- 706-668.5 Multiple sentence of imprisonment.
- 706-669 Procedure for determining minimum term of imprisonment. §706-669 Commentary:
- 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. §706-672 Commentary:
- 706-673 Notice of escape.
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.
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).