Title 20, Social Services

§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…

§353-9 Establishment of temporary correctional facilities. The director, with the prior approval of the governor, may establish, from time to time, temporary correctional facilities, if required in conjunction with projects or specialized service authorized by law. The temporary …

[§353B-1] Terms and provisions of compact. The interstate compact for the supervision of adult offenders is hereby entered into and enacted into law with all jurisdictions legally joining therein, in form substantially as follows: ARTICLE I PURPOSE The compacting states to this i…

§353B-2 State compact administrator. The State's commissioner on the interstate commission for adult offender supervision shall be the compact administrator of the state council for interstate adult offender supervision established under section 353B-3. The compact administrator …

§353B-3 State council for interstate adult offender supervision. (a) There is established the state council for interstate adult offender supervision, which shall be placed administratively in the judiciary. The council shall be composed of nine members to be appointed as follows…

§353B-4 Expenditures. Expenditures by the council, including the amounts fixed annually as the equal contribution of each member to the compact, shall be made upon warrants issued by the state comptroller based upon vouchers approved by any one of the commissioners. [L 2000, c 18…

[§353B-5] Execution. The governor shall execute the compact on behalf of this State, and perform any other acts which may be deemed requisite to its formal adoption. [L 2000, c 185, pt of §1]

§353B-6 Interstate transfer fee. The judiciary may assess a fee not to exceed $200 for each application made by a parolee or probationer for a transfer out of the State. [L 2008, c 172, §1; am L 2012, c 303, §1; am L Sp 2021, c 9, §42]

§353C-1 Definitions. Whenever used in this chapter, unless the context otherwise requires: "Crisis intervention officer" means a law enforcement officer who has been trained and certified to recognize and communicate with an individual who is in crisis or suffering from some form…

[§353C-11] Service of process; list. (a) For service of process, the director shall maintain a list of independent civil process servers to process: (1) Orders to show cause pursuant to chapters 603, 604, and 633; (2) Garnishment pursuant to chapter 652; (3) Writs of replevin and…

[§353C-12] Eligible voter notification. The department shall notify individuals on parole or probation of their eligibility to vote and provide them with information on how to register and vote. [L 2021, c 213, §3]

[§353C-13] Statewide law enforcement training center; law enforcement complex. There is established within the department a department of law enforcement training center. The center shall provide training and administer certification requirements of all state department of law en…

[§353C-14] Investigations. (a) The director shall investigate alleged violations of the law when directed to do so by the governor or when the director determines that an investigation would be in the public interest. (b) The director, when conducting a civil, administrative, or …

[§353C-15] Silver alert program; missing vulnerable persons. (a) The department shall develop and implement a silver alert program to rapidly disseminate information about a person subject to the silver alert. (b) If a person is reported missing to a law enforcement agency and th…

[§353C-16] Agricultural enforcement pilot program. [Section repealed July 1, 2028. L 2025, c 235, §47.] (a) There shall be established within the department an agricultural enforcement pilot program on the islands of Oahu and Hawaii, to be implemented at the discretion of the dep…

§353C-2 Director of law enforcement; powers and duties. The director of law enforcement shall administer the public safety programs of the department and shall be responsible for the formulation and implementation of state goals and objectives for state law enforcement programs a…

§353C-3 Deputy directors; appointment. The director shall appoint, without regard to chapter 76, two deputy directors to serve at the director's pleasure. Unless otherwise assigned by the director, one deputy director shall oversee the law enforcement programs of the department, …

§353C-4 Appointment of employees with police powers and other employees. (a) The director may appoint employees to be state law enforcement officers who shall have all of the powers of police officers; provided that the director may establish and assign the employees to positions…

§353C-5 Criminal history record checks. (a) The department shall develop standards to ensure the reputable and responsible characters of staff members, which shall include criminal history record checks. (b) For purposes of this section: "Prospective staff member" means any appli…

§353C-6 Parking fees, exemption. Notwithstanding any other law, rule, or provision to the contrary, law enforcement officers of the department of law enforcement are exempt from all state and county parking meter fees and county time parking restrictions while in the performance …

§353C-9 Department accreditation required. The department shall pursue and obtain accreditation from the Commission on Accreditation for Law Enforcement Agencies, Inc., for all divisions and sections within the department. [L 2011, c 111, §2; am L 2024, c 131, §3]

[§353D-1] Findings and purpose. The legislature finds and declares that maintaining an inmate's family and community relationships is an effective correctional technique which reduces recidivism. The legislature further finds that enhancing visitor services increases the frequenc…

[§353D-2] Definitions. As used in this chapter: "Center" means an offender family service center. "Department" means that department of the State that has jurisdiction over the administration of the correctional facilities. "Program" means the offender family service center progr…

§353D-3 Offender family service center program; established. (a) There is established in the department an offender family service center program near the Oahu community correctional center. (b) The department may contract with a private nonprofit agency pursuant to chapter 42D t…

§353D-4 Advisory council. There is established within the department for administrative purposes an offender family service center program advisory council. The council shall consist of seven members, of whom two shall be offender family members. The members of the council shall …

[§353D-5] Purposes. The purposes of the program and center are to provide the following services to families of offenders: (1) Provision of clothing donated to the center by private organizations or individuals; (2) Information on regulations and procedures governing visits; (3) …

[§353D-6] Nonprofit agency: criteria for selection. The department shall employ all the following criteria in selecting a nonprofit agency with which it may contract pursuant to section 353D-3: (1) The number and quality of services proposed in comparison to direct program costs;…

[§353D-7] Annual report. The agency administering the program shall annually submit to the department and to the legislature a report to include, but not limited to, the following: (1) A quantitative and narrative description of the services rendered; (2) A description of the imp…

[§353D-8] Other provisions. Nothing in this chapter is intended to limit the department in developing additional programs or making all reasonable efforts to promote services to families of offenders under its jurisdiction. [L 1987, c 251, pt of §1]

§353E-1 Sex offender treatment; statewide program established. There is established the statewide integrated sex offender treatment program for the treatment of adult sex offenders in the custody of the State and juvenile sex offenders in cases where family court jurisdiction was…

§353E-2 Interagency coordination. (a) To carry out their responsibilities under section 353E-1, the department of corrections and rehabilitation, Hawaii paroling authority, judiciary, department of health, department of human services, and any other agency assigned sex offender o…

[§353G-1] Title. This [chapter] shall be known and may be cited as the "Criminal Offender Treatment Act". [L 1998, c 152, pt of §2]

[§353G-10] Drug testing or assessment fees. (a) Except as provided in subsection (b), the agency responsible for monitoring a person's compliance with the terms and conditions of parole or other release from a correctional center or facility shall impose upon the person reasonabl…

[§353G-11] Escape from residential treatment facility. A person placed into a residential treatment facility or program pursuant to this chapter shall be deemed to be subject to official detention for the purposes of a criminal prosecution for violation of section 710-1020 or 710…

[§353G-12] Satisfactory progress in treatment program as mitigating factor. A person's satisfactory progress in a treatment program as determined by the treatment program's report shall be considered a mitigating factor and evidence of the person's amenability to treatment for pu…

§353G-13 Reporting and implementation; substance abuse treatment monitoring program. (a) Every assessment program, treatment program, correctional center or facility, and parole agency that provides services pursuant to this chapter or that otherwise supervises a person or issues…

§353G-14 Rules. The department of corrections and rehabilitation shall adopt rules in accordance with chapter 91, and shall develop and periodically review and revise guidelines, directives, standards, and protocols and shall take other actions as are necessary and appropriate, t…

[§353G-15] Accreditation and standards. All treatment programs and assessment programs providing services pursuant to this chapter shall be accredited by the department of health. In addition, the department of health shall designate accredited treatment programs and assessment p…

§353G-16 Funding sources. (a) The department of corrections and rehabilitation, with the assistance of the department of health, may pursue all available funding through federal programs and private sources. Contingent upon the receipt of sufficient funds, the department of corre…

[§353G-17] Immunity from liability. (a) Any accredited assessment program or treatment program or substance abuse professional certified pursuant to section 321-193 that, in good faith, provides services pursuant to this chapter shall not be liable in any civil action for damages…

[§353G-18] Statutory construction. The provisions of this chapter shall be liberally construed to effectuate its remedial and rehabilitative purposes. [L 1998, c 152, pt of §2]

§353G-2 Definitions. As used in this chapter unless the context requires otherwise: "Assessment" means an ongoing process through which a substance abuse professional collaborates with a client and other persons to gather and interpret information necessary for planning treatment…

§353G-3 Mandatory drug testing of repeat offenders. (a) Any inmate who has been convicted of an offense under chapter 329, 329C, 707, 708, 709, 710, 711, or 712, and has one prior conviction under any of these chapters, shall be required to submit to drug testing. (b) Drug tests …

§353G-4 Mandatory assessment of offenders. (a) Any inmate who has been convicted of more than one offense under chapter 329, 329C, 707, 708, 709, 710, 711, or 712, and has one prior conviction under any of these chapters, shall be required to undergo an assessment if: (1) The inm…

§353G-5 Drug test results or assessment; confidentiality of. (a) Unless otherwise ordered by a court, the drug test results and assessment results of an inmate, parolee, or other person released from a correctional center or facility shall be provided as soon as practicable to th…