Title 20, Social Services

§351-64.5 Recovery of compensation paid. (a) Any person who has received under this chapter any amount as compensation to which the person was not entitled shall be liable for that amount unless the overpayment was received without fault on the part of the recipient and its recov…

§351-65 Legal adviser. The attorney general shall serve as legal adviser to the commission. [L 1967, c 226, pt of §1; HRS §351-65; am L 1998, c 240, §5]

§351-66 Exemption from execution. No compensation payable under this chapter shall, prior to actual receipt thereof by the person or beneficiary entitled thereto, or their legal representatives, be assignable or subject to execution, garnishment, attachment, or other process what…

§351-67 Survival and abatement. The rights to compensation created by this chapter are personal and shall not survive the death of the person or beneficiary entitled thereto, provided that if such death occurs after an application for compensation has been filed with the commissi…

§351-68 Rulemaking powers. In the performance of its functions, the commission may adopt, amend, and repeal rules and regulations, not inconsistent with this chapter, prescribing the procedures to be followed in the filing of applications and the proceedings under this chapter an…

§351-69 Commission staff. (a) Supervisory, administrative, and clerical personnel necessary for the efficient functioning of the commission shall be appointed as provided in section 26-35 without regard to chapter 76, but subject to chapter 89, and provided that: (1) No position …

§351-70 Annual report. The commission shall transmit annually to the governor and to the director of corrections and rehabilitation, at least thirty days prior to the convening of the legislature a report of its activities under this chapter including a brief description of the f…

PART VI. LIMITING COMMERCIAL EXPLOITATION OF CRIME §351-81 Deposit of copy of contract upon indictment or charge of criminal offense. Every person, firm, corporation, partnership, association, or other legal entity upon entering into a contract with any person indicted or charged…

§351-82 Effect of conviction upon contract; deposit of monetary compensation with the commission. If the person indicted or charged is subsequently convicted, the person, firm, corporation, partnership, association, or other legal entity which entered into a contract of the type …

§351-83 Collection account, creation, disbursements. Monetary compensation received by the commission pursuant to section 351-82(1) shall be deposited into a collection account established by the commission. The moneys deposited into the collection account including interest earn…

§351-84 Special account, creation, disbursements. (a) Monetary compensation received by the commission pursuant to section 351-82(2) shall be deposited into a special account established by the commission. The moneys deposited into the special account including interest earned sh…

§351-85 Collection, special accounts to be interest bearing. All moneys deposited into the collection account or special account under this part shall be deposited into federally-insured interest-bearing accounts. [L 1986, c 155, pt of §1]

§351-86 Money deposited not subject to execution, levy, attachment, or lien. All moneys received by the commission pursuant to this part shall not be subject to execution, levy, attachment, or lien of any kind. [L 1986, c 155, pt of §1]

§351-87 Lien in favor of State. The failure of any person, firm, corporation, partnership, association, or legal entity to pay moneys over to the commission in accordance with this part shall create a debt owing to the commission from that person, firm, corporation, partnership, …

[§351-88] Part not applicable; return of moneys held. This part shall not apply and shall have no effect where: (1) The conviction is reversed or overturned; or (2) The applicable statute of limitations for a civil action which may be filed by a victim, a victim's representative,…

§352-1 Definitions. In this chapter, unless the context clearly indicates otherwise: "Department" means the department of human services; provided that the powers, duties, and functions relating to the Hawaii youth correctional facilities shall be administered by the office of yo…

§352-10 Circuit court disposition of offenders under eighteen years. The circuit court shall commit all offenders under eighteen years of age, duly convicted before the court, to the Hawaii youth correctional facilities in all cases where the court deems the sentence to be more s…

§352-11 Commitments directed, how. All commitments from the family courts of the State shall be directed to the director and may specify the appropriate facility for placement purposes. The committing court or judge shall designate a juvenile probation officer, police officer, or…

§352-12 Segregation of committed persons. Persons committed to the youth correctional facilities shall be kept segregated based on considerations including age, maturity level, attitude, behavior, offense committed, commitment period, and rehabilitation status. [L 1980, c 303, pt…

§352-13 Evaluation, counseling, training. The director shall provide the opportunity for intelligence and aptitude evaluation, psychological testing and counseling, prevocational and vocational training, and employment counseling to all persons committed to the youth correctional…

§352-14 Educational programs provided by the department of education. The department of education shall provide educational programs for those persons committed to the youth correctional facilities. These educational programs shall be adapted to the needs of the persons committed…

§352-15 Recreational and program activities. The director shall provide the opportunity for the recreation of those persons committed to the facilities. Work programs for such persons shall be established and may include farming, sewing, plant nursery, and animal husbandry. [L 19…

§352-16 Establishment of work release. (a) The director, in accordance with rules and regulations adopted by the director, may establish a work release plan for persons who are committed to the director's care and who are receiving care and treatment in a youth correctional facil…

§352-17 Compensation in facilities. The director may provide, in accordance with rules and regulations adopted by the director, for the payment of compensation, which shall not be considered as wages, for work performed by a person placed in a youth correctional facility while in…

§352-18 Establishment of trust accounts. All sums collected pursuant to sections 352-16 and 352-17, and from other authorized sources shall be placed in a bank trust account or federally insured savings account to the credit of persons committed pursuant to this chapter. The dire…

§352-19 Withdrawals from accounts. (a) The director may permit withdrawals by a committed person from the person's account for the following purposes: (1) Disbursement to the dependents of such person for such amounts as the person is legally obligated to pay; (2) To satisfy the …

§352-2.1 Purpose. (a) This chapter creates within the department of human services, and places within the office of youth services under the supervision of the director and such other subordinates as the director shall designate, the Hawaii youth correctional facilities, to provi…

§352-20 Disposition of inactive accounts. Where money in an individual person's account on the books of the Hawaii youth correctional facilities has not been claimed by such person or the person's legal representative within one year after the person has or would have reached the…

§352-21 Youth correctional facilities' benefit fund; disposition of income. The director shall establish a youth correctional facilities' benefit fund for the purpose of the welfare and recreation of the persons committed. The director shall deposit all moneys arising from any pr…

§352-22 Periodic reexamination of status of persons committed to the department. The director shall cause to be made periodic reexamination of the status of each person who is committed to the department and who has not been finally discharged from such commitment, which shall: (…

§352-23 Community services program. There is established a community services program within the youth correctional facilities which shall coordinate the placement of persons committed to the care of the director in educational, vocational, and work release programs and residenti…

[§352-23.5] Gender-responsive, community-based programs for female adjudicated youth. Subject to funding by the legislature, the office of youth services shall develop and make available gender-responsive, community-based programs for female adjudicated youth by providing female …

§352-24 Juvenile parole program. The director shall establish a program of juvenile parole. The duties of the juvenile parole officer shall include: (1) Assisting in locating appropriate residential placement for paroled persons; (2) Efforts to obtain suitable employment for paro…

§352-25 Furlough, parole, discharge. (a) The director, for good reasons shown to the director's satisfaction, may furlough or parole any person committed to the director's custody. The director shall give the court and the prosecutor's office of the appropriate county a thirty-da…

§352-26 Taking into custody and detaining persons for violations of terms and conditions of parole and furlough and attempted escape. (a) With respect to any person whose legal custody was vested in the director, who has been paroled or furloughed from a youth correctional facili…

[§352-26.1] Public disclosure of information upon escape. The director, with the concurrence of the police, shall publicly disclose the name, the place of residence, a photograph, and the prior adjudications for offenses which, if the person were an adult, would be a felony, of a…

§352-27 Harboring or concealing a person away from custody assigned by competent authority. Any person who knowingly and intentionally harbors or conceals a person who was in the custody of a Hawaii youth correctional facility, guardian, employer, or any other person with whom th…

§352-29 Termination of director's right to supervise person. (a) The authority of the director to supervise the conduct of a person who has been committed to the director's care, unless such authority shall be sooner terminated pursuant to this chapter or chapter 571, shall cease…

§352-3 Contracting with private agencies for residential youth facilities. The department may contract with private agencies to provide residential youth facilities. [L 1980, c 303, pt of §8(1)]

§352-30 Delegation of responsibilities. The director may delegate any of the director's responsibilities pursuant to this chapter to a representative of the department except those that relate to discretionary discharge before the term of the person's commitment has ended. [L 198…

§352-31 Costs. All costs incurred under section 352-28 shall be paid by the director out of any funds appropriated for the Hawaii youth correctional facilities. [L 1980, c 303, pt of §8(1)]

[§352-32] Hawaii youth correctional facilities; Kawailoa youth and family wellness center; authority. (a) The Hawaii youth correctional facilities may operate and maintain the Kawailoa youth and family wellness center within the scope of the authority granted by the office of you…

§352-4 Rules and regulations. The director may adopt rules and regulations to carry out the purposes of this chapter. The rules and regulations shall be approved by the governor but shall not be subject to chapter 91 or require publication in order to be valid and binding upon al…

§352-5 Staff standards and training. The director shall establish written standards of conduct and operation to govern each staff member during working hours. New staff members shall undergo initial training to prepare them to comply with the standards. Attendance at periodic tra…

§352-5.5 Criminal history record checks. (a) The department shall develop standards to ensure the reputable and responsible characters of staff members of the Hawaii youth correctional facility which shall include criminal history record checks in accordance with section 846-2.7.…

§352-6 Appropriation made out of general revenues. All appropriations for the director and for facilities under the control of the director shall be made from and out of any available moneys received from the general revenues of the State and not out of the special fund for the m…