353-1 to 353-50 OLD REPEALED. §353-1 Definitions; director may delegate powers.

§ §353-1 to 353-50 OLD REPEALED. L 1987, c 338, §3(2). Note L 1987, c 127, §2 and c 142, pt of §1 purport to amend repealed § §353-1.1, 353-1.2, 353-4, and 353-30. PART I. ADMINISTRATIVE STRUCTURE, INSTITUTIONS, AND SERVICES Law Journals and Reviews The Hawaii Prison Inmate’s Emerging Right to Due Process. 10 HBJ, […]

353-10 Intake service centers.

§353-10 Intake service centers. [Repeal and reenactment on July 1, 2018, by L 2013, c 67, §2, as shown in the main volume, deleted by L 2017, c 77, §2.] (a) There shall be within the department of public safety, an intake service center for adults in each of the counties to screen, evaluate, and […]

353-10.5 Intermediate sanctions; eligibility; criteria and conditions.

§353-10.5 Intermediate sanctions; eligibility; criteria and conditions. (a) The department of public safety shall implement alternative programs that place, control, supervise, and treat selected offenders in lieu of incarceration. (b) Pretrial detainees may be considered for placement in alternative programs if they: (1) Have been admitted to bail and are not charged with a non-probationable […]

353-11 Access to correctional facilities and records; instituting of inquiries and securing information.

§353-11 Access to correctional facilities and records; instituting of inquiries and securing information. (a) The Hawaii paroling authority and every member thereof and the director, at all times, shall have free access to all correctional facilities throughout the State, wherein persons convicted of crime are confined, and to all records and books kept in connection […]

353-11.5 Restricted access to correctional facilities.

§353-11.5 Restricted access to correctional facilities. (a) Except for the director and employees of the department of public safety, members of the Hawaii paroling authority, and those persons specified in section 353–29, no person shall enter or remain on the grounds of any state correctional facility unless permission to so enter or remain has been […]

353-12 Correctional records, documents.

§353-12 Correctional records, documents. The director shall establish a record of all facts relating to the admission, sentence, commutation, parole, pardon, discharge, escape, death, and correctional programs of any committed person, all actions that are taken for breach of correctional rules, and all other occurrences of note concerning the committed person. The director or a […]

353-12.5 Public assistance; inmates; monthly reports to department of human services.

§353-12.5 Public assistance; inmates; monthly reports to department of human services. Beginning January 31, 2010, to assist the department of human services to enforce section 346-29(b), the director shall prepare and transmit to the department of human services monthly reports listing all inmates newly admitted during the previous month to any correctional facility within the […]

353-13 Examination by medical officer.

§353-13 Examination by medical officer. The medical officer of a correctional facility shall carefully examine any committed person upon admission and shall establish a medical record and enter therein a statement of the committed person’s physical condition upon entry and all subsequent medical treatment and examination made while such person is residing at a state […]

353-13.1 Nonemergency medical, dental, mental health services or treatment; intentional injury; payment by inmates.

§353-13.1 Nonemergency medical, dental, mental health services or treatment; intentional injury; payment by inmates. (a) The department of public safety may develop policies and procedures governing the assessment of fees upon detainees and committed persons who receive certain medical, dental, or mental health services or treatment. In adopting these policies and procedures, the department shall […]

353-13.2 REPEALED. L 1998, c 194, §10.

§353-13.2 REPEALED. L 1998, c 194, §10.

353-13.3 Mental health care. The department shall be responsible for providing mental health services in community correctional centers. [L 1994, c 153, §2]

§353-13.3 Mental health care. The department shall be responsible for providing mental health services in community correctional centers. [L 1994, c 153, §2]

353-13.4 Substance abuse testing of inmates.

§353-13.4 Substance abuse testing of inmates. (a) When an inmate under the custody of the department of public safety is subjected to substance abuse testing, the inmate shall be afforded the option of a confirmatory test by a licensed, certified laboratory as provided in chapter 329B. The cost of a confirmatory test shall be paid […]

353-13.5 Election of private medical or psychological care by prisoners.

§353-13.5 Election of private medical or psychological care by prisoners. The director shall permit prisoners to retain any private licensed medical doctor or psychologist for their own care at the correctional facility in addition to such care as may be provided by the department; provided that any fees or other costs charged by a private […]

353-13.6 Involuntary medical treatment criteria. (a) An inmate or detainee in the custody of the department may be ordered to receive involuntary medical treatment, including the taking or application of medication, if the court finds that: (1) The inmate or detainee poses a danger of physical harm to self or danger of physical harm to others; (2) Treatment with medication is medically appropriate; and (3) Considering less intrusive alternatives, treatment is essential to forestall the danger posed by the inmate or detainee. (b) For the purposes of this section: "Danger of physical harm to others" means likely to cause substantial physical or emotional injury to another, as evidenced by an act, attempt, or threat occurring recently or through a pattern of past behavior that has resulted in the person being placed in a more restricted setting for the safety of others in the facility. "Danger of physical harm to self" means the person recently has threatened or attempted suicide or serious bodily self injury; or the person recently has behaved in such a manner as to indicate that the person is unable, without supervision and the assistance of others, to satisfy the need for nourishment, essential medical care, or self-protection, so that it is probable that death, substantial bodily injury, or serious physical or mental debilitation or disease will result unless adequate treatment is provided. [L 2011, c 72, pt of §2; am L 2016, c 35, §1]

§353-13.6 Involuntary medical treatment criteria. (a) An inmate or detainee in the custody of the department may be ordered to receive involuntary medical treatment, including the taking or application of medication, if the court finds that: (1) The inmate or detainee poses a danger of physical harm to self or danger of physical harm to […]

353-13.7 Initiation of proceeding for involuntary medical treatment.

§353-13.7 Initiation of proceeding for involuntary medical treatment. (a) The director, or the director’s designee, may file a petition for involuntary medical treatment alleging that a person in the custody of the department meets the criteria for involuntary medical treatment under section 353-13.6. The petition shall be executed subject to the penalties of perjury but […]

353-13.8 Notice; waiver of notice; hearing on petition; waiver of hearing on petition for involuntary medical treatment.

§353-13.8 Notice; waiver of notice; hearing on petition; waiver of hearing on petition for involuntary medical treatment. (a) The court shall set a hearing on the petition, and notice of the hearing shall be served personally on the person who is the subject of the petition, and personally or by certified or registered mail, return […]

353-13.9 Hearing on petition. (a) The court may adjourn or continue a hearing for failure to timely notify either the person’s legal guardian or emergency contact listed while in the custody of the department, or other person determined by the court to be entitled to notice, or for failure by the person who is the subject of the petition to contact an attorney as provided in section 353-13.8, if the court determines that an adjournment or continuance is in the interest of justice. (b) Unless the hearing is waived, the court shall hear the petition as soon as possible and no later than ten days after the date the petition is filed unless a reasonable delay is sought for good cause shown by the person who is the subject of the petition, the person’s attorney, the petitioner, the guardian or guardian ad litem, or those persons entitled to receive notice of the hearing under section 353-13.8. (c) The person who is the subject of the petition shall be present at all hearings unless the person waives the right to be present, is unable to attend, or creates conditions that make it impossible to conduct the hearing in a reasonable manner as determined by the court. A waiver is valid only upon acceptance by the court following a judicial determination that the person understands the person’s rights and is competent to waive them, or is unable to participate. At any point during the proceedings and after the filing of the petition, the court may appoint a guardian ad litem or a temporary guardian, as provided in article V of chapter 560, to represent the person throughout the proceedings, if the court finds that the person is unable to participate or that other good cause exists. (d) Hearings may be held at a convenient location within the circuit where the person who is the subject of the petition resides or any other circuit deemed appropriate by the court. The person or any interested person may request a hearing in another circuit because of convenience to the parties, witnesses, or the court, or because of the person’s mental

§353-13.9 Hearing on petition. (a) The court may adjourn or continue a hearing for failure to timely notify either the person’s legal guardian or emergency contact listed while in the custody of the department, or other person determined by the court to be entitled to notice, or for failure by the person who is the […]

353-14 Cash furnished discharged committed person, when.

§353-14 Cash furnished discharged committed person, when. (a) Upon the discharge or parole of any committed person who has undergone a commitment or sentence of more than one year, the committed person may be furnished by the Hawaii paroling authority, in its discretion, with funds of not more than $200, to meet the committed person’s […]

353-15 Transfer of committed persons affected with communicable disease.

§353-15 Transfer of committed persons affected with communicable disease. Upon written recommendation of the director of health that a committed person determined to have a communicable disease be removed to any hospital, settlement, or place for care and treatment of the communicable disease as designated by the director of health for such specialized care and […]

353-16 Transfer of committed felon to federal institution.

§353-16 Transfer of committed felon to federal institution. The director may effect the transfer of a committed felon to any federal correctional institution for imprisonment, subsistence, care, and proper employment of such a felon. [L 1987, c 338, pt of §3; am L 1992, c 267, §2] Cross References Interstate compact for the supervision of […]