Title 20, Social Services

§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…

§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…

[§353-28.5] Visits from family members. (a) Family members shall be allowed to visit an inmate at any state correctional facility during official visiting hours. (b) A visit from a family member shall be preapproved and prescheduled. Notwithstanding any other law to the contrary,…

§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 …

§353-30 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…

§353-32 Gifts. (a) Notwithstanding any other law to the contrary, the department may receive, use, manage, and invest moneys or property, real, personal, or mixed, which may be given, bequeathed, devised, or in any other manner provided from sources other than the legislature or …

§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]

[§353‑35] Incarcerated parents; data collection. Beginning on July 1, 2016, the department shall collect the following data upon intake of offenders into the correctional system:

[§353-38] Federal reimbursement maximization special fund. (a) There is established in the state treasury the federal reimbursement maximization special fund, into which shall be deposited all federal reimbursements received by the department relating to the State Criminal Alien …

[§353-39] Sexual assaults in prison. (a) The department, to the best of the department's ability, shall address sexual assault in prison and make every effort to seek grant moneys from the federal government to implement those efforts. The department shall place priority upon est…

§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…

[§353-41] Restrictive housing; restrictions on use; policies and procedures. (a) Beginning July 1, 2026, except as otherwise provided in subsection (d), the use of restrictive housing in correctional facilities shall be restricted as follows: (b) Beginning July 1, 2026, except as…

§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…

[§353-6.2] Community correctional centers; periodic reviews of pretrial detainees. (a) The relevant community correctional centers, on a periodic basis but no less frequently than every three months, shall conduct reviews of pretrial detainees to reassess whether a detainee shoul…

§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…

PART II. PAROLES AND PARDONS §353-61 Hawaii paroling authority; appointment; tenure; qualifications. (a) Members of the paroling authority shall be nominated by a panel composed of the chief justice of the Hawaii supreme court or the chief justice's designee, the director or the …

§353-62 Hawaii paroling authority; responsibilities and duties; operations; records, reports, staff. (a) In addition to any other responsibility or duty prescribed by law for the Hawaii paroling authority, the paroling authority shall: (b) In its operations, the paroling authorit…

§353-63 Service of Hawaii paroling authority members; compensation; expenses. The chairperson of the Hawaii paroling authority shall serve on a full-time basis. The other four members shall serve on a part-time basis. Effective July 1, 2012, the chairperson of the Hawaii paroling…

§353-63.5 Intermediate sanctions; eligibility; criteria and conditions. (a) The Hawaii paroling authority shall implement alternative programs that place, control, supervise, and treat selected parolees in lieu of incarceration. (b) The authority may impose participation in alter…

§353-64 Committed persons paroled. Any committed person confined in any state correctional facility in execution of any sentence imposed upon the committed person, except in cases where the penalty of life imprisonment not subject to parole has been imposed, shall be subject to p…

§353-65 Paroles; rules. The Hawaii paroling authority may establish rules, with the approval of the governor and the director of corrections and rehabilitation not inconsistent with this part, under which any prisoner may be paroled but shall remain, while on parole, in the legal…

[§353-65.5] Reports to county clerk. Whenever the paroling authority grants or revokes parole for any citizen of eighteen years of age or over, the paroling authority, in each case, shall make and promptly transmit to the clerk of the county in which the citizen resides, a certif…

§353-66 Terms and conditions of parole; suspension and revocation. (a) Every parole granted under this part to any prisoner shall be subject to the express condition, to be set forth in the official written notification of parole to the prisoner, but to be binding upon the prison…

[§353-66.5] Suspension or revocation; arrest warrants arising from traffic violations. In the event of suspension or revocation of parole, the Hawaii paroling authority shall inform the appropriate courts and arresting authorities of all outstanding traffic warrants issued agains…

§353-67 Education as condition for paroles. The Hawaii paroling authority may require, as a condition of parole, that a parolee further the parolee's education and training by taking occupational training courses or general education courses, or both, whenever such courses are de…

§353-68 Parole, how initiated and granted. (a) Paroles may be granted by the Hawaii paroling authority at any time after the prisoner has served the minimum term of imprisonment fixed according to law; provided that where a fine has also been imposed, which has not been paid, and…

§353-69 Parole when. [Repeal and reenactment on July 1, 2018, by L 2013, c 67, §2 deleted by 2017, c 77, §2.] Except as provided in section 706-670, no parole shall be granted unless it appears to the Hawaii paroling authority that there is a reasonable probability that the priso…

§353-70 Final discharge. Whenever, in its opinion, any paroled prisoner has given such evidence as is deemed reliable and trustworthy that the paroled prisoner will remain at liberty without violating the law and that the paroled prisoner's final release is not incompatible with …

§353-71 Parole officer and assistant parole officers. The Hawaii paroling authority may appoint and remove at pleasure a parole officer and assistant parole officers as may be necessary, who shall receive such compensation as shall be provided by law. The duties of the parole off…

§353-72 Pardons; reference to paroling authority. The director of corrections and rehabilitation and the Hawaii paroling authority shall consider every application for pardon which may be referred to them by the governor and shall furnish the governor, as soon as may be after suc…

§353-8 Conditional release centers for committed persons. (a) The director may establish and operate facilities to be known as conditional release centers, either operated separately, or as part of community correctional centers. (b) The purpose of such facilities is to provide h…