Hawaii · statute · Haw. Rev. Stat. ch. 351 · 36 active provisions
The purpose of this chapter is to aid victims of criminal acts, by providing compensation for victims of certain crimes or dependents of deceased victims, and for indemnification of private citizens for personal injury or property damage suffered in prevention of crime or apprehension of a criminal.
As used in this chapter, unless the context otherwise requires: "Child" means an unmarried person who is under eighteen years of age and includes a stepchild or an adopted child. "Commission" means the crime victim compensation commission established by this chapter. "Crime" means those under section 351-32, and shall…
There shall be a crime victim compensation commission composed of three members appointed and removable in the manner prescribed by section 26-34. No officer or employee of the State or any county shall be eligible for appointment to the commission. The commission is placed within the department of corrections and reha…
(a) The term of office of each member of the commission shall be four years or until the member's successor is appointed, except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member's predecessor was appointed shall be appointed for the remainder of the term. Ea…
(a) Except for cases assigned to the administrator pursuant to subsection (c), upon an application for compensation under this chapter, the commission shall fix a time and place for a hearing on the application and shall cause notice thereof to be given to the applicant. The commission may hold hearings, sit and act at…
For those applications that will be heard by the commission, the applicant and the commission's legal adviser shall be entitled to appear and be heard. Any other person may appear and be heard who satisfies the commission that the person has a substantial interest in the proceedings. In any case in which the person ent…
The commission may appoint an impartial licensed physician or licensed psychologist to examine any person making application under this chapter, and the fees for the examination shall be paid from funds appropriated for expenses of administration.
The commission, as part of any order entered under this chapter, may determine and allow reasonable attorneys' fees, which if the award of compensation is more than $1,000 shall not exceed $150, to be paid out of but not in addition to the award, to the attorneys representing the applicant; provided that the amount of…
(a) In the absence of an appeal to the commission, the commission, at any time, on its own motion, may reconsider the order or decision and revoke, confirm, or vary the order or decision, based upon the findings of the commission. Any applicant aggrieved by an order or decision may request reconsideration; provided tha…
(a) In the event any private citizen is injured or killed by any act or omission of any other person coming within the criminal jurisdiction of the State after June 6, 1967, or any state resident is injured or killed by any act or omission of any other person after July 1, 1989, in another state, which act or omission…
The crimes to which part III of this chapter applies are the following and no other: (1) Murder in the first degree (section 707-701); (2) Murder in the second degree (section 707-701.5); (3) Manslaughter (section 707-702); (4) Negligent homicide in the first degree (section 707-702.5); (5) Negligent homicide in the se…
The commission may order the payment of compensation under this part for: (1) Expenses actually and reasonably incurred during the period of the injury or death of the victim; (2) Loss to the victim of earning power as a result of total or partial incapacity; (3) Pecuniary loss to the dependents of the deceased victim;…
Whenever any person is convicted of an offense that includes any crime enumerated in section 351-32 and an order or the payment of compensation is or has been made under this part for injury or death resulting from the act or omission constituting such offense, the commission may institute a derivative action against t…
In the event a private citizen incurs injury or property damage in preventing the commission of a crime within the State, in apprehending a person who has committed a crime within the State, or in materially assisting a peace officer who is engaged in the prevention or attempted prevention of such a crime or the appreh…
The commission may order the payment of compensation under this part for: (1) Expenses actually and reasonably incurred during the period of the injury of the private citizen; (2) Pain and suffering to the private citizen; (3) Loss to the private citizen of earning power as a result of total or partial incapacity; and…
Except as otherwise provided in this chapter, any order for the payment of compensation under this chapter may be made on such terms as the commission deems appropriate. Without limiting the generality of the preceding sentence, the order may provide for apportionment of the compensation, for the holding of the compens…
(a) No order for the payment of compensation shall be made under this chapter unless the application has been made within eighteen months after the date of injury, death, or property damage; provided that upon a showing of good cause, the commission may consider applications filed beyond this time period. (b) No compen…
(a) There is established a crime victim compensation special fund from which the commission may make payments as provided in subsection (b). The fund shall be administered by the director of corrections and rehabilitation for purposes of this chapter. Interest and investment earnings credited to the assets of the fund…
(a) The court shall impose a compensation fee upon every defendant who has been convicted or who has entered a plea under section 853-1 and who is or will be able to pay the compensation fee. The amount of the compensation fee shall be commensurate with the seriousness of the offense as follows: (1) Not less than $105…
(a) In determining the amount of compensation to be awarded under this chapter, the commission shall deduct amounts or benefits received or to be received from any source, whether from the offender or from any person on behalf of the offender, or from public or private funds, and which amounts or benefits result from o…
Application may be made by any eligible person for compensation under both parts III and IV of this chapter, but no order shall have the effect of compensating any person more than once for any loss, expense, or other matter compensable under this chapter.
(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 recovery would be against equity and good conscience. The order or decision shall spec…
The attorney general shall serve as legal adviser to the commission.
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 whatsoever, including process to satisfy an order or judgment for support or a…
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 commission, the proceeding shall not abate, but may be continued by the legal re…