This section provides that the court may discharge the defendant prior to the termination of the period of suspension or probation and that, if the defendant is not so discharged, no formal discharge is required upon termination of the statutory period of suspension or probation. Upon termination of the statutory period, the defendant is relieved of any further obligation by operation of law. This provision is a continuation of prior Hawaii law.[1]

Act 269, Session Laws 1998, amended this section to allow victims of crime to enforce a criminal restitution order in the same manner as a civil judgment. Conference Committee Report No. 89.

Where defendant paid all monthly restitution amounts imposed as a condition of probation sentence, there were no other grounds in record to revoke defendant’s probation, and probation term had expired, under this section (1993), defendant should have been relieved of the obligations imposed by the probation sentence; trial court thus erred in imposing "free-standing" restitution order remaining in full force and effect beyond termination of defendant’s term of probation. 92 H. 36 (App.), 986 P.2d 987.

§706-630 Commentary:

1. See H.R.S. §711-80.