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 Program of regimental discipline
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706-606.1 Repealed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 offenses involving abuse of a family
or household member 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 first-time 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706-628 Repealed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
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
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
Note
Special sentencing of habitual violent felons; reports to 2011 legislature (repealed July 1, 2011). L 2006, c 81.
Cross References
Corrections population management commission, see chapter 353F.
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.
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.