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2022 Hawaii Revised Statutes
Title 20. Social Services
353. Corrections
PART I. OLD PRISONS AND PRISONERS GENERALLY
PROBATION COMPACT--REPEALED PART IV. COUNTY JAILS--REPEALED PART V. FEDERAL AND MILITARY PRISONERS, CUSTODY OF
NOTIFICATION SYSTEM
- 353-1 to 353-50 OLD REPEALED. §353-1 Definitions; director may delegate powers.
- 353-2 REPEALED.
- 353-2.5 REPEALED.
- 353-3 and 353-4 REPEALED.
- 353-5 Offender release recommendations to the court.
- 353-6 Establishment of community correctional centers.
- 353-6.2 Community correctional centers; periodic reviews of pretrial detainees.
- 353-6.5 Gender-responsive, community-based programs for female offenders.
- 353-7 High security correctional facility.
- 353-8 Conditional release centers for committed persons.
- 353-9 Establishment of temporary correctional facilities.
- 353-10 Intake service centers.
- 353-10.5 Intermediate sanctions; eligibility; criteria and conditions.
- 353-11 Access to correctional facilities and records; instituting of inquiries and securing information.
- 353-11.5 Restricted access to correctional facilities.
- 353-12 Correctional records, documents.
- 353-12.5 Public assistance; inmates; monthly reports to department of human services.
- 353-13 Examination by medical officer.
- 353-13.1 Nonemergency medical, dental, mental health services or treatment; intentional injury; payment by inmates.
- 353-13.2 REPEALED. L 1998, c 194, §10.
- 353-13.3 Mental health care. The department shall be responsible for providing mental health services in community correctional centers. [L 1994, c 153, §2]
- 353-13.4 Substance abuse testing of inmates.
- 353-13.5 Election of private medical or psychological care by prisoners.
- 353-13.6 Involuntary medical treatment criteria. (a) An inmate or detainee in the custody of the department may be ordered to receive involuntary medical treatment, including the taking or application of medication, if the court finds that: (1) The inmate or detainee poses a danger of physical harm to self or danger of physical harm to others; (2) Treatment with medication is medically appropriate; and (3) Considering less intrusive alternatives, treatment is essential to forestall the danger posed by the inmate or detainee. (b) For the purposes of this section: "Danger of physical harm to others" means likely to cause substantial physical or emotional injury to another, as evidenced by an act, attempt, or threat occurring recently or through a pattern of past behavior that has resulted in the person being placed in a more restricted setting for the safety of others in the facility. "Danger of physical harm to self" means the person recently has threatened or attempted suicide or serious bodily self injury; or the person recently has behaved in such a manner as to indicate that the person is unable, without supervision and the assistance of others, to satisfy the need for nourishment, essential medical care, or self-protection, so that it is probable that death, substantial bodily injury, or serious physical or mental debilitation or disease will result unless adequate treatment is provided. [L 2011, c 72, pt of §2; am L 2016, c 35, §1]
- 353-13.7 Initiation of proceeding for involuntary medical treatment.
- 353-13.8 Notice; waiver of notice; hearing on petition; waiver of hearing on petition for involuntary medical treatment.
- 353-13.9 Hearing on petition. (a) The court may adjourn or continue a hearing for failure to timely notify either the person's legal guardian or emergency contact listed while in the custody of the department, or other person determined by the court to be entitled to notice, or for failure by the person who is the subject of the petition to contact an attorney as provided in section 353-13.8, if the court determines that an adjournment or continuance is in the interest of justice. (b) Unless the hearing is waived, the court shall hear the petition as soon as possible and no later than ten days after the date the petition is filed unless a reasonable delay is sought for good cause shown by the person who is the subject of the petition, the person's attorney, the petitioner, the guardian or guardian ad litem, or those persons entitled to receive notice of the hearing under section 353-13.8. (c) The person who is the subject of the petition shall be present at all hearings unless the person waives the right to be present, is unable to attend, or creates conditions that make it impossible to conduct the hearing in a reasonable manner as determined by the court. A waiver is valid only upon acceptance by the court following a judicial determination that the person understands the person's rights and is competent to waive them, or is unable to participate. At any point during the proceedings and after the filing of the petition, the court may appoint a guardian ad litem or a temporary guardian, as provided in article V of chapter 560, to represent the person throughout the proceedings, if the court finds that the person is unable to participate or that other good cause exists. (d) Hearings may be held at a convenient location within the circuit where the person who is the subject of the petition resides or any other circuit deemed appropriate by the court. The person or any interested person may request a hearing in another circuit because of convenience to the parties, witnesses, or the court, or because of the person's mental
- 353-14 Cash furnished discharged committed person, when.
- 353-15 Transfer of committed persons affected with communicable disease.
- 353-16 Transfer of committed felon to federal institution.
- 353-16.2 Transfer of inmates to out-of-state institutions.
- 353-16.3 Development of out-of-state Hawaii correctional facilities.
- 353-16.5 Transfer of offenders under treaty; authority of governor.
- 353-16.35 Development or expansion of in-state correctional facilities.
- 353-16.36 Contracts for construction of correctional facilities by private entities.
- 353-16.37 Community partnering.
- 353-17 Committed persons, furlough, employment.
- 353-18 Director to fix committed persons' compensation.
- 353-19 Compensation for labor or training by committed persons.
- 353-20 Custody of moneys; accounts for committed persons, etc.
- 353-21 Withdrawals; forfeitures; etc.
- 353-22 Earnings exempt from garnishment, etc.
- 353-22.5 Garnishment to cover nonbudgeted costs. All moneys received by windfall or earned by a committed person shall be subject to garnishment, levy, or any like process of attachment by the director for a cause of action or claim against the committed person in the following order of priority: (1) Restitution to victims; (2) Child support payments by order of the court; (3) Replacement costs for any facility damage that may have been caused by the committed person and all other costs associated with the facility damage; and (4) Reimbursement for the extraordinary cost of photocopying or postage which has been advanced by the department for litigation purposes. All moneys collected by the department pursuant to paragraph (3) or (4) shall be used to reimburse, in whole or in part, the nonbudgeted costs and expenses. [L 1996, c 189, §2]
- 353-22.6 Victim restitution.
- 353-22.8 Orders for payment of child support.
- 353-23 Disposition of property subject to action for damages.
- 353-24 Conservators of committed persons, appointed when.
- 353-25 Powers and duties of conservator.
- 353-26 Removal of conservator.
- 353-27 Compensation; expenses.
- 353-28 Property given to committed persons.
- 353-28.5 Visits from family members.
- 353-29 What officials may visit.
- 353-30 Others by permission.
- 353-31 Revolving funds for correctional facility stores.
- 353-32 Gifts.
- 353-33 REPEALED.
- 353-34 Probation services fee; assessment.
- 353-35 Incarcerated parents; data collection.
- 353-36 and 353-37 REPEALED.
- 353-61 Hawaii paroling authority; appointment; tenure; qualifications.
- 353-62 Hawaii paroling authority; responsibilities and duties; operations; records, reports, staff.
- 353-63 Service of Hawaii paroling authority members; compensation; expenses.
- 353-63.5 Intermediate sanctions; eligibility; criteria and conditions.
- 353-64 Committed persons paroled.
- 353-65 Paroles; rules.
- 353-65.5 Reports to county clerk.
- 353-66 Terms and conditions of parole; suspension and revocation.
- 353-66.5 Suspension or revocation; arrest warrants arising from traffic violations.
- 353-67 Education as condition for paroles.
- 353-68 Parole, how initiated and granted.
- 353-69 Parole when.
- 353-70 Final discharge.
- 353-71 Parole officer and assistant parole officers.
- 353-72 Pardons; reference to paroling authority.
PROBATION COMPACT--REPEALED PART IV. COUNTY JAILS--REPEALED PART V. FEDERAL AND MILITARY PRISONERS, CUSTODY OF
- 353-101 Authorization to director of public safety or the appropriate officer and the governor.
- 353-102 REPEALED.
- 353-103 Validity of existing contracts.
NOTIFICATION SYSTEM
- 353-131 Definitions.
- 353-132 System; requirements.
- 353-133 Satisfaction of victims' rights to notification.
- 353-134 Compliance by department; no cause of action.
- 353-135 Law enforcement cooperation.
- 353-136 Automated victim information and notification system special fund; authorization of payment.
- 353-137 Automated victim information and notification system governance committee.
Community correctional center holding unit was not a "facility". 7 H. App. 247, 753 P.2d 816 (1988).
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