Title 20, Social Services

§353-1 Definitions; director may delegate powers. As used in this chapter, unless the context otherwise requires: "Committed person" means a person committed to the custody of the director of corrections and rehabilitation for imprisonment pursuant to chapter 706, including a pro…

[§353-1.2] Director of corrections and rehabilitation; powers and duties. (a) The director shall be responsible for the formulation and implementation of state goals and objectives for correctional programs, including ensuring that correctional facilities and correctional service…

[§353-1.3] Deputy directors; appointment. The director shall appoint, without regard to chapter 76, three deputy directors to serve at the director's pleasure. Unless otherwise assigned by the director, one deputy director shall oversee the correctional institutions of the depart…

[§353-1.4] Correctional health care program. There is established a correctional health care program within the department. The administrator of the correctional health care program and physicians who provide care to inmates shall be appointed by the director without regard to ch…

§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…

§353-103 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 …

[Part VI.] pregnant offenders; restraints [§353-121] Definitions. As used in this part: "Labor" means the period of time before a birth during which contractions are of sufficient frequency, intensity, and duration to bring about effacement and progressive dilation of the cervix.…

[§353-122] Limitation on use of restraints. (a) While transporting, no restraints of any kind may be used on any committed female: (1) During the third trimester of her pregnancy; (2) During postpartum recovery; or (3) During any portion of her pregnancy, if her physician so orde…

[§353-123] Enforcement. (a) The director shall provide information relating to the requirements of this part to all medical and nonmedical staff and correctional personnel who are involved in the transportation or supervision of female offenders who are pregnant or in postpartum …

§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 …

[§353-13.3] 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. (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…

[§353-13.5] Election of private medical or psychological care by prisoners. The director shall permit prisoners to retain any private licensed medical doctor or psychologist for their own care at the correctional facility in addition to such care as may be provided by the departm…

§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: (b) For the purposes of this section: …

§353-13.7 Initiation of proceeding for involuntary medical treatment. (a) The director, or the director's designee, may file a petition for involuntary medical treatment alleging that a person in the custody of the department meets the criteria for involuntary medical treatment u…

§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 …

§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 …

[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…

[§353-132] System; requirements. (a) The department shall establish a statewide automated victim information and notification system to: (b) The prosecuting agency shall notify the victim of the victim's right to register in the system. It shall be the responsibility of the victi…

[§353-133] Satisfaction of victims' rights to notification. Participation in the system and making offender data available on a timely basis to the system shall be deemed to satisfy the obligations of:

[§353-134] Compliance by department; no cause of action. The department shall ensure that the offender information contained within the system is updated on a regular basis sufficient to timely notify a victim or a concerned member of the community of the offender's release, disc…

[§353-135] Law enforcement cooperation. The attorney general, and the chief of police and prosecuting attorney of each county, shall cooperate with the department in establishing and maintaining the system. [L 2012, c 190, pt of §1]

[§353-136] Automated victim information and notification system special fund; authorization of payment. (a) There is established a special fund to be known as the automated victim information and notification system special fund, to be administered by the department. Interest and…

§353-137 Automated victim information and notification system governance committee. (a) There is established within the department of corrections and rehabilitation, an automated victim information and notification system governance committee. The members of the governance commit…

§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…

[§353-16.36] Contracts for construction of correctional facilities by private entities. The governor may enter into and execute contracts in the name of the State with any private entity to construct and then lease or purchase correctional facilities on public or private lands fo…

§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…

§353-20 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…

[§353-22.5] 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 followin…

§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…