Hawaii Administrative Code

Services to veterans shall be terminated when one or both of the following conditions exist: (1) The veteran's request for information and referral services, or aid and assistance services, or both, as provided in sections 7-31-4 and 7-31-4.1 have been completed; or (2) The veter…

(a) The charge sheet is the basic document for court-martial action. In preparing charges for trial by court-martial, the AGHI Form SJAG 2 (Charge Sheet) shall be used. This form may be prepared in an original only, which shall be forwarded to the convening authority. After all n…

The letter of transmittal is the form used to forward the charge sheets and allied papers to the court-martial convening authority. This letter contains information about the accused and the commanding officer's specific recommendation for disposition of the charges. The commandi…

Certain allied papers shall be prepared and forwarded with the charge sheet; they are: (1) Reports prepared by military police or investigators, if available; (2) Copies of all available witness statements, sworn or unsworn, and summaries of expected testimony of witnesses whose …

In order to safeguard documentary evidence, originals of documents shall not be forwarded with the charge sheet nor shall physical evidence be forwarded. Information as to the location of original documentary and physical evidence shall be shown on the charge sheet in the section…

The prompt disposition of charges is essential to an efficient system of military justice. The following are recommendations for avoiding delays in the processing of court-martial charges: (1) Investigate an incident as soon as it becomes known; (2) Do not allow a case to remain …

Upon receipt of a completed charge sheet and allied papers, or upon initiating charges, the convening authority shall complete and sign the receipt of charges, item twenty-five of the charge sheet. The convening authority shall then decide whether the charges warrant trial by cou…

(a) The convening authority shall contact the state judge advocate for the case number to be inserted in item thirty-one. Case numbers shall be assigned in numerical sequence, using the year and consecutive numbering (for example, 1983-1, 1983-2, 1983-3, etc.) and start anew each…

(a) If the convening authority decides not to refer the case for trial by court-martial, the convening authority shall return the charge sheet and allied papers to the initiating commanding officer, who then, subject to subsection (b), may:(1) Take no further action with regard t…

The first one-third of the first page of the charge sheet contains personal information concerning the accused. The accused's "grade" or "rank" is the accused's military title (for example, "PFC") and "pay grade" is the alphabetical and numerical designation (for example, "E-3").…

The name and address (military unit or organization, if any, and home address) of all known prospective witnesses shall be listed on the charge sheet under "Data as to Witnesses". All witnesses shall be shown as witnesses for the "prosecution" unless the witness is one whom the a…

The commanding officer shall list all known documents or objects which are items of evidence. A clear identification of the item shall be given with the current location of the item. This section shall be subject to the conditions set forth in section 7-4-12. Notes Haw. Code R. §…

The charge sheet shall include data regarding an restraint imposed pursuant to section 7-5-1. Notes Haw. Code R. § 7-4-5 [Eff: FEB 11 1985] (Auth: HRS §§ 124A-61, 124A-171) (Imp: HRS § 124A-51)

(a) The most important part of the charge sheet is the page which contains the charges and specifications. The "charge" shall indicate the section of chapter 124A, HRS, which is alleged to have been violated. The "specification" under the charge shall state the facts and circumst…

Any person subject to chapter 124A, HRS, may be an accuser. The signing of charges shall be done in the presence of a commissioned officer authorized to administer oaths under section 124A-162, HRS or any notary public of the State. All officers of the state military forces may a…

After the charges have been preferred, the commanding officer or a representative shall read the charges and specifications to the accused. The accused shall be advised of all rights through the use of AGHI Form SJAG 2a, a copy of which is set forth in the exhibit entitled "Annex…

The commanding officer shall complete items twenty-eight to thirty of the charge sheet as to all offenses charged in item twenty. Notes Haw. Code R. § 7-4-9 [Eff: FEB 11 1985] (Auth: HRS §§ 124A-61, 124A-171) (Imp: HRS § 124A-51)

(a) Any commanding officer may order military police of the state military force concerned to apprehend any member of the commanding officer's command who the commanding officer has probable cause to believe has committed an offense under chapter 124A, HRS, or chapter 7-9. (b) Up…

(a) The convening authority shall provide suitable space for the conduct of the court-martial and provide such administrative support as may be required. (b) The convening authority shall notify the accused and, if the accused is represented, the defense counsel of the time, date…

The accused has no right to object to a summary court-martial if the accused has been permitted and has elected to refuse nonjudicial punishment; provided in all other cases, if the accused does not consent to trial by summary court-martial, the convening authority may: (1) Dismi…

All sentences to confinement shall be executed on the date the sentence is adjudged unless the convicted person requests in writing deferral of any sentence to confinement and the convening authority approves the request in writing. If deferral is granted, the sentence to confine…

When a fine is paid, the person receiving the money shall cause the money to be paid within thirty days of receipt to the director of finance through a letter of transmittal to the credit of the state general fund. The sample letter of transmittal in Annex 7 shall be suitably mod…

Upon completion of the review, the convening authority shall publish orders setting forth the results of the trial. The exhibit entitled "Annex 21" dated 1 November 1984, located at the end of this subtitle, contains a sample "Promulgating Order". Appropriate United States milita…

When the convening authority has completed all actions under section 7-6-2, the original charge sheet with all exhibits attached shall be filed in the military personnel record of the accused as the record of trial. A record of trial of a summary court shall be authenticated by t…

(a) If at any time during the period of suspension the convening authority receives information that the probationer may have violated any of the terms of that suspension, the convening authority, after consultation with the appropriate judge advocate, may begin procedures to con…

(a) The record of trial and review shall be forwarded to the convening authority for action. (b) The convening authority may approve all or part of the adjudged sentence or disapprove the findings and sentence; provided in general courts-martial, the convening authority shall ref…

At any time prior to adjournment of the court-martial, an accused may file with the court a written application of suspension of sentence, AGHI Form SJAG 3, an example of which is contained in the exhibit entitled "Annex 19" dated 1 November 1984, located at the end of this subti…

The convening authority may suspend any part or amount of any sentence which has not previously been paid or served. For example, an accused against whom a court-martial sentence often days confinement has been adjudged may be ordered confined for three days and the remaining sev…

A court-martial sentence may be suspended by the convening authority for a reasonable period of time. The period of suspension shall not exceed twelve months from the date of the convening authority's action, unless a longer period of suspension is required, in the sole and unrev…

Notes Haw. Code R. § 7-6-6

(a) Sentences of confinement adjudged by military courts may be executed only in military guardhouses under the control of the state military forces or in civil jails designated for that purpose by the adjutant general or the state judge advocate. Trial counsel shall seek the des…

Unless the sentence of confinement has been deferred, as provided in section 7-6-1, the presiding officer of a court-martial shall issue a mittimus (order to confinement), as set forth in AGHI Form SJAG 4, following the imposition of a sentence to confinement. An example of AGHI …

(a) If the convening authority approves any portion of a court-martial sentence that includes confinement and does not suspend that confinement, the convening authority shall issue the mittimus if confinement has been deferred as provided in section 7-6-1. The convening authority…

(a) Procedures for appealing the decision of any court-martial to the supreme court shall be as provided in section 124A-105, HRS, and this chapter. (b) The contents, form, and other requisites of an accused's notice of appeal to the supreme court of the State shall be as establi…

(a) Upon filing of the accused's notice of appeal under Rule 37, Hawaii rules of penal procedure, the trial counsel, including any substitute trial counsel appointed under section 124A-46, HRS shall prepare a record of the proceedings for use in the appeal. Trial counsel shall co…

The trial counsel, defense counsel, courts-martial, courts of inquiry, and boards of investigation shall have the opportunity to obtain witnesses and other evidence. Process issued to compel witnesses to appear and testify and to compel the production of other evidence shall be s…

Subpoenas or other process issued to witnesses shall be served as provided by section 124A-71, HRS. The process shall be accompanied by a letter explaining the penalty for failure to obey the process as outlined in section 124A-72, HRS. The letter shall also advise the witness of…

Court reporters and interpreters may be employed when required by chapter 124A, HRS, or when directed by the adjutant general. A court reporter shall not be provided in a nonjudicial punishment proceeding or a summary court-martial. A defendant may provide a court reporter in a n…

Lesser included offenses shall be as provided in the exhibit entitled "Annex 24, Table of Commonly Included Offenses", dated 1 July 1988, to the extent that punitive sections found in chapter 124A, HRS, and chapter 7-9, correspond to articles of the Uniform Code of Military Justi…

(a) Section 124A-155, HRS, makes punishable all acts not specifically prescribed in any other section of chapter 124A, HRS, when they amount to the disorders or neglects to the prejudice of good order and discipline in the state military forces as specified and defined in this ch…

(a) A model specification of the offense of drugs; wrongful use or distribution shall be as follows: "In that _____________________ did, (at) (on board) _____________________, on or about _____________________ 19__, wrongfully (use) (transfer) (sell) a (detrimental) (harmful drug…

(a) A model specification of the offense of drugs; wrongful introduction into military unit, etc. shall be as follows: "In that _____________________ did, (at) (on board) _____________________, on or about _____________________ 19__, wrongfully introduce _____________________ oun…

(a) A model specification for the offense of wrongful making, altering, counterfeiting, tampering with a pass shall be as follows: "In that _____________________ did, (at) (on board) _____________________, on or about _____________________ 19__, wrongfully and falsely (make) (for…

(a) A model specification for the offense of wrongful sale, gift, loan, etc., of false or unauthorized pass shall be as follows: "In that _____________________ did, (at) (on board) _____________________, on or about _____________________ 19__, wrongfully or falsely [(sell to ____…

(a) A model specification of the offense of wrongful use or possession of valid pass, etc. shall be as follows: "In that _____________________ did, (at) (on board) _____________________, on or about _____________________ 19__, wrongfully [(use) (have in his/her possession)] [with…

(a) A model specification for the offense of false swearing shall be as follows: "In that_____________________did, (at) (on board)_____________________, on or about _____________________19__, [(in affidavit) (in_____________________)] wrongfully and unlawfully (make) (subscribe) …

(a) A model specification for the offense of firearm, discharging; through carelessness shall be as follows: "In that_____________________did, (at) (on board)_____________________, on or about _____________________19__, through carelessness, discharge a (service rifle) (_________…

(a) A model specification for the offense of firearm, discharging; willfully, under such circumstances as to endanger life shall be as follows: "In that_____________________did, (at) (on board)_____________________, on or about _____________________19__, wrongfully and willfully …

(a) A model specification of the offense of impersonating a commissioned warrant, noncommissioned, or petty officer, or an agent or official shall be as follows: "In that_____________________did, (at) (on board)_____________________, on or about _____________________19__, wrongfu…

(a) A model specification of the offense of indecent exposure Shall be as follows: "In that _____________________ did, (at) (on board) _____________________, on or about _____________________ 19__, while (at a barracks window) (_____________________) willfully and wrongfully expo…