Hawaii Revised Statutes 706. Disposition of Convicted Defendants

PART I. PRE-SENTENCE INVESTIGATION AND REPORT, AUTHORIZED
DISPOSITION, AND CLASSES OF FELONIES

PART II. PROBATION

PART III. FINES AND RESTITUTION

PART IV. IMPRISONMENT

Cross References

Corrections population management commission, see chapter 353F.

Overdose prevention; limited immunity, see 329-43.6.

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 (2001).

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 (1992).

Criminal contempt of court under 710-1077 is not available as a sanction for a violation of a condition of probation as there is no provision in this chapter that authorizes the use of criminal contempt as a sanction for violation of a condition of probation; the exclusive sanctions for a violation of a condition of probation in this chapter are set forth in 706-625. 120 H. 312 (App.), 205 P.3d 577 (2009).

Last modified: October 27, 2016