Haw. Rev. Stat. § 706-600
Sentence in accordance with this chapter; other applicable law
A sentence shall be imposed in accordance with this chapter, unless otherwise provided by applicable law.
Hawaii Revised Statutes Chapter 706 — Disposition of Convicted Defendants
Hawaii · statute · Haw. Rev. Stat. ch. 706 · 70 active provisions
Haw. Rev. Stat. § 706-600.5
Definitions of terms in this chapter
In this chapter, unless a different meaning plainly is required: "Day" means a twenty-four-hour period of time. "Month" means a thirty-day period of time. "Secure drug treatment facility" means a facility employing security protocols modeled after a minimum-security detention center, including continuous direct supervi…
Haw. Rev. Stat. § 706-600.6
Time of release
A person imprisoned whose term of imprisonment ends between the hours of 9:00 p.m. to 12:00 midnight, may be released at 9:00 p.m. A person imprisoned whose term of imprisonment ends between the hours of 12:00 midnight to 7:00 a.m. may be released at 9:00 p.m. the day before the person's scheduled release.
Haw. Rev. Stat. § 706-601
Pre-sentence diagnosis and report
(1) Except as provided in subsections (3) and (4), the court shall order a pre-sentence correctional diagnosis of the defendant and accord due consideration to a written report of the diagnosis before imposing sentence where: (a) The defendant has been convicted of a felony; or (b) The defendant is less than twenty-two…
Haw. Rev. Stat. § 706-602
Pre-sentence diagnosis, notice to victims, and report
(1) The pre-sentence diagnosis and report shall be made by personnel assigned to the court or other agency designated by the court and shall include: (a) An analysis of the circumstances attending the commission of the crime; (b) The defendant's history of delinquency or criminality, physical and mental condition, fami…
Haw. Rev. Stat. § 706-603
DNA analysis monetary assessment; DNA registry special fund
(1) In addition to any disposition authorized by chapter 706 or 853, every defendant convicted of a felony offense shall be ordered to pay a monetary assessment of $500 or the actual cost of the DNA analysis, whichever is less. The court may reduce the monetary assessment if the court finds, based on evidence presented…
Haw. Rev. Stat. § 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
(1) Before imposing sentence, the court shall afford a fair opportunity to the defendant to be heard on the issue of the defendant's disposition. (2) The court shall furnish to the defendant or the defendant's counsel and to the prosecuting attorney a copy of the report of any pre-sentence diagnosis or psychological, p…
Haw. Rev. Stat. § 706-605
Authorized disposition of convicted defendants
(1) Except as provided in parts II and IV or in section 706-647 and subsections (2), (6), and (7), and subject to the applicable provisions of this Code, the court may sentence a convicted defendant to one or more of the following dispositions: (a) To be placed on probation as authorized by part II; (b) To pay a fine a…
Haw. Rev. Stat. § 706-605.1
Intermediate sanctions; eligibility; criteria and conditions
(1) The judiciary shall implement alternative programs that place, control, supervise, and treat selected defendants in lieu of a sentence of incarceration. (2) Defendants may be considered for sentencing to alternative programs if they have not been convicted of a non-probationable class A felony. (3) A defendant may…
Haw. Rev. Stat. § 706-605.6
Assault against a sports official
(1) If a person is convicted of the offense of: (a) Assault in the first degree, as provided by section 707-710; (b) Assault in the second degree, as provided by section 707-711(1)(a), (b), (d), or (n); (c) Assault in the third degree, as provided by section 707-712; (d) Terroristic threatening in the first degree, as…
Haw. Rev. Stat. § 706-606
Factors to be considered in imposing a sentence
The court, in determining the particular sentence to be imposed, shall consider: (1) The nature and circumstances of the offense and the history and characteristics of the defendant; (2) The need for the sentence imposed: (a) To reflect the seriousness of the offense, to promote respect for law, and to provide just pun…
Haw. Rev. Stat. § 706-606.2
Special sentencing considerations for arson; other actions not prohibited
(1) In addition to any other penalty imposed, a person convicted of arson involving fire set to brush, grass, vegetation on the land resulting in damage to ten thousand square feet or more of property, may be required to: (a) Pay any costs associated with extinguishing the fire, which shall include, but are not limited…
Haw. Rev. Stat. § 706-606.3
Expedited sentencing program
(1) A person who has committed intra-family sexual assault may be considered for the expedited sentencing program in accordance with this section. As used in this section, "intra-family" sexual assault means any criminal offense of felony sexual assault under section 707-730, 707-731, or 707-732, or incest, as defined…
Haw. Rev. Stat. § 706-606.4
Sentencing in enumerated offenses committed in the presence of a minor
(1) In addition to the factors considered under section 706-606, the court shall consider the following aggravating factors in determining the particular sentence to be imposed: (a) The defendant has been convicted of committing or attempting to commit an offense; and (b) The offense contemporaneously occurred in the p…
Haw. Rev. Stat. § 706-606.5
Sentencing of repeat offenders
(1) Notwithstanding section 706-669 and any other law to the contrary, any person convicted of murder in the second degree, any class A felony, any class B felony, or any of the following class C felonies: (a) Section 134-7 relating to persons prohibited from owning, possessing, or controlling firearms or ammunition; (…
Haw. Rev. Stat. § 706-606.6
Repeat violent and sexual offender; enhanced sentence
(1) Notwithstanding any other provision of law to the contrary, any person who is convicted of an offense under section 707-701.5, 707-702, 707-730, 707-731, 707-732, 707-733.6, 707-750, 708-840, 712-1202, 712-1203, or 712-1209.1, after having been convicted on at least three prior and separate occasions of an offense…
Haw. Rev. Stat. § 706-606.7
Discretion when sentencing a defendant for an offense committed while a minor
(1) If a person is convicted as an adult for an offense that the person committed when the person was a minor, in addition to any other factor that the court is required to consider before sentencing the person, the court shall consider the following factors: (a) The person's exposure to an adverse childhood experience…
Haw. Rev. Stat. § 706-607
Civil commitment in lieu of prosecution or of sentence
(1) When a person prosecuted for a class C felony, misdemeanor, or petty misdemeanor is a chronic alcoholic, narcotic addict, or person suffering from mental abnormality and the person is subject by law to involuntary hospitalization for medical, psychiatric, or other rehabilitative treatment, the court may order such…
Haw. Rev. Stat. § 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
(1) The court may sentence a corporation or an unincorporated association which has been convicted of an offense to be placed on probation as authorized by part II of this chapter or to be fined as authorized by part III of this chapter. (2) When a corporation is convicted of a crime or a high managerial agent of a cor…
Haw. Rev. Stat. § 706-609
Resentence for the same offense or for offense based on the same conduct not to be more severe than prior sentence
When a conviction or sentence is set aside on direct or collateral attack, the court shall not impose a new sentence for the same offense, or for a different offense based on the same conduct, which is more severe than the prior sentence.
Haw. Rev. Stat. § 706-610
Classes of felonies
(1) Apart from first and second degree murder and attempted first and second degree murder, felonies defined by this Code are classified, for the purpose of sentence, into three classes, as follows: (a) Class A felonies; (b) Class B felonies; and (c) Class C felonies. A felony is a class A, class B, or class C felony w…
Haw. Rev. Stat. § 706-620
Authority to withhold sentence of imprisonment
A defendant who has been convicted of a crime may be sentenced to a term of probation unless: (1) The crime is first or second degree murder or attempted first or second degree murder; (2) The crime is a class A felony, except class A felonies defined in chapter 712, part IV, and by section 707‑702; (3) The defendant i…
Haw. Rev. Stat. § 706-621
Factors to be considered in imposing a term of probation
The court, in determining whether to impose a term of probation, shall consider: (1) The factors set forth in section 706-606 to the extent that they are applicable; (2) The following factors, to be accorded weight in favor of withholding a sentence of imprisonment: (a) The defendant's criminal conduct neither caused n…
Haw. Rev. Stat. § 706-622
Requirement of probation; exception
When a person who has been convicted of a felony is not sentenced to imprisonment, the court shall place the person on probation. Nothing in this part shall prohibit the court from suspending any sentence imposed upon persons convicted of a crime other than a felony.
Haw. Rev. Stat. § 706-622.5
Sentencing for drug offenders; expungement
(1) Notwithstanding section 706-620(3), a person convicted for the first or second time for any offense under section 329-43.5, except offenses under subsections (a) and (b) of that section which constitute violations, involving the possession or use of drug paraphernalia or any felony offense under part IV of chapter…
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