CHAPTER 706

DISPOSITION OF CONVICTED DEFENDANTS

 

Part I. Pre-Sentence Investigation and Report,

Authorized Disposition, and Classes of

Felonies

Section

706-600 Sentence in accordance with this chapter

706-600.5 Definitions of terms in this chapter

706-600.6 Time of release

706-601 Pre-sentence diagnosis and report

706-602 Pre-sentence diagnosis, notice to victims, and

report

706-603 DNA analysis monetary assessment; DNA registry

special fund

706-604 Opportunity to be heard with respect to sentence;

notice of pre-sentence report; opportunity to

controvert or supplement; transmission of report to

department

706-605 Authorized disposition of convicted defendants

706-605.1 Intermediate sanctions; eligibility; criteria and

conditions

706-605.5 Repealed

706-606 Factors to be considered in imposing a sentence

706-606.1 Repealed

706-606.2 Special sentencing considerations for arson;

other actions not prohibited

706-606.3 Expedited sentencing program

706-606.4 Sentencing in enumerated offenses committed in the

presence of a minor

706-606.5 Sentencing of repeat offenders

706-606.6 Repeat violent and sexual offender; enhanced

sentence

706-607 Civil commitment in lieu of prosecution or of

sentence

706-608 Penalties against corporations and unincorporated

associations; forfeiture of corporate charter or

revocation of certificate authorizing foreign

corporation to do business in the State

706-609 Resentence for the same offense or for offense based

on the same conduct not to be more severe than prior

sentence

706-610 Classes of felonies

 

Part II. Probation

706-620 Authority to withhold sentence of imprisonment

706-621 Factors to be considered in imposing a term of

probation

706-622 Requirement of probation; exception

706-622.5 Sentencing for drug offenders; expungement

706-622.8 First-time drug offender prior to 2004; probation;

expungement

706-622.9 Sentencing for first-time property offenders;

expungement

706-623 Terms of probation

706-624 Conditions of probation

706-624.5 Notice of probation

706-625 Revocation, modification of probation conditions

706-626 Summons or arrest of defendant on probation;

commitment without bail

706-627 Tolling of probation

706-628 Repealed

706-629 Calculation of multiple dispositions involving

probation and imprisonment, or multiple terms of

probation

706-630 Discharge of defendant

706-631 Probation is a final judgment for other purposes

 

Part III. Fees, Fines, and Restitution

706-640 Authorized fines

706-641 Criteria for imposing fines

706-642 Time and method of payment

706-643 Disposition of funds

706-644 Consequences of nonpayment; imprisonment for

contumacious nonpayment; summary collection

706-645 Revocation of fine or restitution

706-646 Victim restitution

706-647 Civil enforcement

706-648 Probation services fee

706-649 Probation services special fund

706-650 Drug demand reduction assessments; special fund

706-650.5 Human trafficking victim services fund

706-651 Payments by defendant; order of priority

 

Part IV. Imprisonment

706-656 Terms of imprisonment for first and second degree

murder and attempted first and second degree murder

706-657 Enhanced sentence for second degree murder

706-659 Sentence of imprisonment for class A felony

706-660 Sentence of imprisonment for class B and C felonies;

ordinary terms; discretionary terms

706-660.1 Sentence of imprisonment for use of a firearm,

semiautomatic firearm, or automatic firearm in a

felony

706-660.2 Sentence of imprisonment for offenses against

children, elder persons, or handicapped persons

706-661 Extended terms of imprisonment

706-662 Criteria for extended terms of imprisonment

706-663 Sentence of imprisonment for misdemeanor and petty

misdemeanor

706-664 Procedure for imposing extended terms of

imprisonment

706-665 Former conviction in another jurisdiction

706-666 Definition of proof of conviction

706-667 Young adult defendants

706-668 Repealed

706-668.5 Multiple sentence of imprisonment

706-669 Procedure for determining minimum term of

imprisonment

706-670 Parole procedure; release on parole; terms of

parole, recommitment, and reparole; final

unconditional release

706-670.5 Notice of parole or final unconditional release

706-671 Credit for time of detention prior to sentence;

credit for imprisonment under earlier sentence for

same crime

706-672 Place of imprisonment

706-673 Notice of escape

 

Cross References

 

Corrections population management commission, see chapter 353F.

Overdose prevention; limited immunity, see 329-43.6.

 

COMMENTARY ON CHAPTER 706

 

Act 314, Session Laws 1986, amended this chapter to reflect a shift from the present policy underlying sentencing, which emphasizes rehabilitation, to one intended to achieve the goal of just punishment. Conference Committee Report No. 51-86.

 

Case Notes

 

Neither this chapter nor chapter 353 prohibits the Hawaii paroling authority from setting a prisoner's minimum term at a period equal to his or her maximum sentence. 97 H. 183, 35 P.3d 210 (2001).

Chapter not violated and pre-sentence report sufficiently complied with 706-602, where defendant asserted that court did not order or receive a pre-sentence correctional diagnosis and report as required by 706-601(1)(a), therefore, since the information required under 706-602 was not furnished to court for its consideration in imposing sentence, the sentences were not imposed in accordance with provisions of this chapter and were illegal. 10 H. App. 535, 880 P.2d 208 (1992).

Criminal contempt of court under 710-1077 is not available as a sanction for a violation of a condition of probation as there is no provision in this chapter that authorizes the use of criminal contempt as a sanction for violation of a condition of probation; the exclusive sanctions for a violation of a condition of probation in this chapter are set forth in 706-625. 120 H. 312 (App.), 205 P.3d 577 (2009).

 

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