Hawaii Revised Statutes
351. Crime Victim Compensation
351-83 Collection account, creation, disbursements.

§351-83 Collection account, creation, disbursements. Monetary compensation received by the commission pursuant to section 351-82(1) shall be deposited into a collection account established by the commission. The moneys deposited into the collection account including interest earned shall be used exclusively to pay the expenses of legal representation incurred by the convicted person in prosecuting an appeal of the conviction. Upon the presentation of a verified statement of attorney's fees and expenses, the commission shall pay such attorney's fees and expenses reasonably and necessarily incurred in prosecuting the appeal.
If the monetary compensation deposited into the collection account pursuant to section 351-82(1) is not sufficient to prosecute the convicted person's appeal, or if the convicted person seeks other judicial relief in order to void the conviction or to obtain release from incarceration, then the convicted person may obtain a court order compelling the commission either to pay the sum necessary for adequate legal representation out of the funds deposited in the special account pursuant to section 351-82(2) or to deposit into the collection account a percentage greater than fifty per cent of the monetary compensation payable to the convicted person. [L 1986, c 155, pt of §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351-34 REPEALED.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.