Hawaii Revised Statutes
351. Crime Victim Compensation
351-62.6 Compensation fee.

§351-62.6 Compensation fee. (a) The court shall impose a compensation fee upon every defendant who has been convicted or who has entered a plea under section 853-1 and who is or will be able to pay the compensation fee. The amount of the compensation fee shall be commensurate with the seriousness of the offense as follows:
(1) Not less than $105 nor more than $505 for a felony;
(2) $55 for a misdemeanor; and
(3) $30 for a petty misdemeanor.
The compensation fee shall be separate from any fine that may be imposed under section 706-640 and shall be in addition to any other disposition under this chapter; provided that the court shall waive the imposition of a compensation fee if the defendant is unable to pay the compensation fee. Moneys from the compensation fees shall be deposited into the crime victim compensation special fund under section 351-62.5.
(b) The criteria of section 706-641 may apply to this section. In setting the amount of the compensation fee to be imposed, the court shall consider all relevant factors, including but not limited to:
(1) The seriousness of the offense;
(2) The circumstances of the commission of the offense;
(3) The economic gain, if any, realized by the defendant;
(4) The number of victims; and
(5) The defendant's earning capacity, including future earning capacity.
(c) The compensation fee shall be considered a civil judgment. [L 1998, c 206, §2; am L 1999, c 18, §8; am L 2000, c 115, §2; am L 2005, c 144, §1]

Structure Hawaii Revised Statutes

Hawaii Revised Statutes

Title 20. Social Services

351. Crime Victim Compensation

351-1 Purpose.

351-2 Definitions.

351-11 Crime victim compensation commission.

351-12 Tenure and compensation of members.

351-13 Powers and procedures of commission.

351-14 Hearings and evidence.

351-15 Medical examination.

351-16 Attorneys' fees.

351-17 Reconsideration by commission; judicial review.

351-31 Eligibility for compensation.

351-32 Violent crimes.

351-33 Award of compensation.

351-34 REPEALED.

351-35 Recovery from offender.

351-51 Eligibility for compensation.

351-52 Award of compensation.

351-61 Terms of order.

351-62 Limitations upon award of compensation.

351-62.5 Crime victim compensation special fund; when payments authorized.

351-62.6 Compensation fee.

351-63 Recovery from collateral source.

351-64 No double recovery.

351-64.5 Recovery of compensation paid. (a) Any person who has received under this chapter any amount as compensation to which the person was not entitled shall be liable for that amount unless the overpayment was received without fault on the part o...

351-65 Legal adviser.

351-66 Exemption from execution.

351-67 Survival and abatement.

351-68 Rulemaking powers.

351-69 Commission staff.

351-70 Annual report.

351-81 Deposit of copy of contract upon indictment or charge of criminal offense.

351-82 Effect of conviction upon contract; deposit of monetary compensation with the commission.

351-83 Collection account, creation, disbursements.

351-84 Special account, creation, disbursements.

351-85 Collection, special accounts to be interest bearing.

351-86 Money deposited not subject to execution, levy, attachment, or lien.

351-87 Lien in favor of State.

351-88 Part not applicable; return of moneys held.