Chapter 353 — Corrections And Rehabilitation

PART I. [OLD] PRISONS AND PRISONERS GENERALLY §§353-1 to 353-50 [OLD] REPEALED. L 1987, c 338, §3(2). PART I. ADMINISTRATIVE STRUCTURE, INSTITUTIONS, AND SERVICES §353-1 Definitions; director may delegate powers. As used in this chapter, unless the context otherwise requires: "Co…

§353-1.5 Criminal history record checks. (a) The department shall develop standards to ensure the reputable and responsible characters of staff members, volunteers, contract service providers, and subcontract service providers of the State's correctional facilities, which shall i…

§353-10 Intake service centers. (a) There shall be within the department of corrections and rehabilitation, an intake service center for adults in each of the counties to screen, evaluate, and classify the admission of persons to community correctional centers. Each center shall …

§353-10.5 Intermediate sanctions; eligibility; criteria and conditions. (a) The department of corrections and rehabilitation shall implement alternative programs that place, control, supervise, and treat selected offenders in lieu of incarceration. (b) Pretrial detainees may be c…

PART V. FEDERAL AND MILITARY PRISONERS, CUSTODY OF §353-101 Authorization to director of corrections and rehabilitation or the appropriate officer and the governor. The director of corrections and rehabilitation, or the appropriate officer with the approval of the governor, is au…

§353-102 REPEALED. L 1973, c 179, §21.

§353-103 Validity of existing contracts. All existing contracts with the federal government relating to imprisonment, subsistence, care, and proper employment of federal and military prisoners are hereby ratified by the State and shall continue in effect until they expire by thei…

§353-11 Access to correctional facilities and records; instituting of inquiries and securing information. (a) The Hawaii paroling authority and every member thereof and the director, at all times, shall have free access to all correctional facilities throughout the State, wherein…

§353-11.5 Restricted access to correctional facilities. (a) Except for the director and employees of the department of corrections and rehabilitation, members of the Hawaii paroling authority, and those persons specified in section 353-29, no person shall enter or remain on the g…

§353-12 Correctional records, documents. The director shall establish a record of all facts relating to the admission, sentence, commutation, parole, pardon, discharge, escape, death, and correctional programs of any committed person, all actions that are taken for breach of corr…

§353-12.5 Public assistance; inmates; monthly reports to department of human services. Beginning January 31, 2010, to assist the department of human services to enforce section 346-29(b), the director shall prepare and transmit to the department of human services monthly reports …

§353-13 Examination by medical officer. The medical officer of a correctional facility shall carefully examine any committed person upon admission and shall establish a medical record and enter therein a statement of the committed person's physical condition upon entry and all su…

§353-13.1 Nonemergency medical, dental, mental health services or treatment; intentional injury; payment by inmates. (a) The department of corrections and rehabilitation may develop policies and procedures governing the assessment of fees upon detainees and committed persons who …

§353-13.4 Substance abuse testing of inmates. (a) When an inmate under the custody of the department of corrections and rehabilitation is subjected to substance abuse testing, the inmate shall be afforded the option of a confirmatory test by a licensed, certified laboratory as pr…

§353-13.8 Notice; waiver of notice; hearing on petition; waiver of hearing on petition for involuntary medical treatment. (a) The court shall set a hearing on the petition, and notice of the hearing shall be served personally on the person who is the subject of the petition, and …

[PART VII.] AUTOMATED VICTIM INFORMATION AND NOTIFICATION SYSTEM §353-131 Definitions. For purposes of this part: "Offender" means a person in the custody of the department of corrections and rehabilitation or the Hawaii paroling authority but does not include juveniles under the…

§353-14 Cash furnished discharged committed person, when. (a) Upon the discharge or parole of any committed person who has undergone a commitment or sentence of more than one year, the committed person may be furnished by the Hawaii paroling authority, in its discretion, with fun…

§353-15 Transfer of committed persons affected with communicable disease. Upon written recommendation of the director of health that a committed person determined to have a communicable disease be removed to any hospital, settlement, or place for care and treatment of the communi…

§353-16 Transfer of committed felon to federal institution. The director may effect the transfer of a committed felon to any federal correctional institution for imprisonment, subsistence, care, and proper employment of such a felon. [L 1987, c 338, pt of §3; am L 1992, c 267, §2…

§353-16.2 Transfer of inmates to out-of-state institutions. (a) The director may effect the transfer of a committed felon to any correctional institution located in another state regardless of whether the state is a member of the Western Interstate Corrections Compact; provided t…

§353-16.3 Development of out-of-state Hawaii correctional facilities. Notwithstanding any other provision to the contrary, the governor, with the assistance of the director, may negotiate with any appropriate out-of-state jurisdiction for the development of Hawaii correctional fa…

§353-16.35 Development or expansion of in-state correctional facilities. (a) Notwithstanding any other law to the contrary, the governor, with the assistance of the director, may negotiate with any person for the development or expansion of private in-state correctional facilitie…

§353-16.37 Community partnering. Regardless of the method for funding new prison facilities, the department of corrections and rehabilitation shall develop and implement a community partnering process to be incorporated into the request for proposal; this partnering process shall…

§353-16.5 Transfer of offenders under treaty; authority of governor. (a) If a treaty in effect between the United States and a foreign country provides for the transfer or exchange of convicted offenders to the country of which they are citizens or nationals, the governor may, on…

§353-17 Committed persons, furlough, employment. (a) The director or a designated agent may grant furloughs to committed persons with a minimum or lower security classification in any correctional facility of the department for the purpose of employment, social reorientation, edu…

§353-18 Director to fix committed persons' compensation. The director, by rule, may classify, grade, and fix earnings to be paid to committed persons who may be confined in any correctional facility of the State. [L 1987, c 338, pt of §3]

§353-19 Compensation for labor or training by committed persons. Every committed person, who is working within a state correctional facility or who is in such training or educational programs as the director or a designated agent pursuant to law prescribes, may be allowed such gr…

§353-2 REPEALED. L 1989, c 211, §13.

§353-2.5 REPEALED. L 1992, c 65, §2.

§353-20 Custody of moneys; accounts for committed persons, etc. All sums collected under this chapter and any other authorized sources shall be deposited by the department into one or more accounts with one or more financial institutions opened by the department for the specific …

§353-21 Withdrawals; forfeitures; etc. The department shall allow any committed person under its direction to draw from funds in the committed person's account such amounts and for such purpose as it may deem proper. Upon the parole or discharge of a committed person, the departm…

§353-22 Earnings exempt from garnishment, etc. No moneys earned by a committed person and held by the department, to any amount whatsoever, shall be subject to garnishment, levy, or any like process of attachment for any cause or claim against the committed person, except as prov…

§353-22.6 Victim restitution. [Repeal and reenactment on July 1, 2018, by L 2013, c 67, §2, as shown in the main volume, deleted by L 2016, c 231, §69.] The director of corrections and rehabilitation shall enforce victim restitution orders against all moneys earned by the inmate …

§353-22.8 Orders for payment of child support. The director of corrections and rehabilitation shall comply with orders for payment of child support from inmate individual trust accounts to the child support enforcement agency pursuant to section 571-52, 571-52.2, 576D-14, or 576E…

§353-23 Disposition of property subject to action for damages. No disposition of any estate, either by will or otherwise, after the arrest for crime of which the committed person was convicted, whether the sentence is for life or otherwise, shall have any advantage or preference …

§353-24 Conservators of committed persons, appointed when. Whenever a person is sentenced to imprisonment for any felony for a term exceeding one year, any judge having probate powers, upon application, may appoint a conservator to have the care and management of the committed pe…

§353-25 Powers and duties of conservator. Every conservator appointed for any committed person shall pay all the just debts due from the committed person out of the committed person's personal estate, if sufficient, and if not, out of the committed person's real estate, upon obta…

§353-26 Removal of conservator. The conservator may be removed, and another conservator appointed in the former conservator's place, whenever the judge thinks there is just cause for removal. [L 1987, c 338, pt of §3; am L 2004, c 161, §13; am L 2005, c 22, §22]

§353-27 Compensation; expenses. Every conservator shall be compensated for the conservator's services in an amount the judge before whom the ward's accounts are settled considers just and proper. The conservator shall also be allowed the amount of reasonable expenses. [L 1987, c …

§353-28 Property given to committed persons. All property given or in any manner whatsoever accruing to a committed person, shall vest in the committed person's conservator, if the committed person is sentenced for a term of years, to be disposed of in the same manner as the comm…

§353-29 What officials may visit. The governor, lieutenant governor, attorney general, director of finance, director of health, comptroller, judges of all state courts, the ombudsman, the mayors of the counties, members of the legislature, and members of county councils shall be …

§§353-3 and 353-4 REPEALED. L 1989, c 211, §§14, 15.

§353-30 Others by permission. Only official visitors shall be allowed to visit any state correctional facility or to have any oral or written communication with a committed person, unless with the written permission of the administrator of the correctional facility or the directo…

§353-31 Revolving funds for correctional facility stores. Subject to the approval of the department of budget and finance, a special revolving fund for each correctional facility store may be established for the purpose of purchasing items to be resold to inmates. All moneys rece…

§353-34 Probation services fee; assessment. Any defendant received for supervision pursuant to chapter 353B shall be assessed a probation services fee pursuant to section 706-648. [L 2000, c 205, §1; am L 2004, c 78, §1]

§§353-36 and 353-37 REPEALED. L 2016, c 217, §8.

§353-40 Correctional facility and community correctional center deaths; reporting. (a) Within forty-eight hours, the director shall report to the governor, and the governor shall report to the legislature, the death of any: Within seven days of the director's submission of the re…

§353-5 Offender release recommendations to the court. The intake service center shall notify the prosecutor's office of the appropriate county whenever it is recommending to the court that a person who is accused of murder or attempted murder in any degree or a class A felony inv…

§353-6 Establishment of community correctional centers. (a) There shall be a community correctional center for each county under the direction and administration of the director. Any community correctional center may be integrated and operated concurrently with any other correcti…

§353-6.5 Gender-responsive, community-based programs for women offenders. The department of corrections and rehabilitation shall develop and make available gender-responsive, community-based programs, including a community-based work furlough program, for women offenders by provi…