§353-10.5 Intermediate sanctions; eligibility; criteria and conditions. (a) The department of public safety shall implement alternative programs that place, control, supervise, and treat selected offenders in lieu of incarceration.
(b) Pretrial detainees may be considered for placement in alternative programs if they:
(1) Have been admitted to bail and are not charged with a non-probationable class A felony; and
(2) Have not, within the previous five years, been convicted of a crime involving serious bodily injury or substantial bodily injury as defined by chapter 707.
(c) Sentenced offenders and other committed persons may be considered for placement in alternative programs as a condition of furlough or release, provided that the person is otherwise eligible for or has been granted furlough or release pursuant to section 353-8 or 353-17.
(d) As used in this section, "alternative programs" mean programs that are created and funded by legislative appropriation or federal grant naming the department of public safety or one of its operating agencies as the expending agency and that are intended to provide an alternative to incarceration. Alternative programs may include:
(1) Home detention, curfew, or both;
(2) Supervised release, graduated release, furlough, and structured educational or vocational programs;
(3) Similar programs created and designated as alternative programs by the legislature or the director of public safety for inmates who do not pose significant risks to the community; and
(4) The use of electronic monitoring and surveillance. [L Sp 1995, c 25, §2; am L 2016, c 231, §60; am L 2017, c 74, §1]
Cross References
For similar provisions, see § §353-63.5 and 706-605.1.
Structure Hawaii Revised Statutes
353-1 to 353-50 OLD REPEALED. §353-1 Definitions; director may delegate powers.
353-5 Offender release recommendations to the court.
353-6 Establishment of community correctional centers.
353-6.2 Community correctional centers; periodic reviews of pretrial detainees.
353-6.5 Gender-responsive, community-based programs for female offenders.
353-7 High security correctional facility.
353-8 Conditional release centers for committed persons.
353-9 Establishment of temporary correctional facilities.
353-10 Intake service centers.
353-10.5 Intermediate sanctions; eligibility; criteria and conditions.
353-11.5 Restricted access to correctional facilities.
353-12 Correctional records, documents.
353-12.5 Public assistance; inmates; monthly reports to department of human services.
353-13 Examination by medical officer.
353-13.2 REPEALED. L 1998, c 194, §10.
353-13.4 Substance abuse testing of inmates.
353-13.5 Election of private medical or psychological care by prisoners.
353-13.7 Initiation of proceeding for involuntary medical treatment.
353-14 Cash furnished discharged committed person, when.
353-15 Transfer of committed persons affected with communicable disease.
353-16 Transfer of committed felon to federal institution.
353-16.2 Transfer of inmates to out-of-state institutions.
353-16.3 Development of out-of-state Hawaii correctional facilities.
353-16.5 Transfer of offenders under treaty; authority of governor.
353-16.35 Development or expansion of in-state correctional facilities.
353-16.36 Contracts for construction of correctional facilities by private entities.
353-16.37 Community partnering.
353-17 Committed persons, furlough, employment.
353-18 Director to fix committed persons' compensation.
353-19 Compensation for labor or training by committed persons.
353-20 Custody of moneys; accounts for committed persons, etc.
353-21 Withdrawals; forfeitures; etc.
353-22 Earnings exempt from garnishment, etc.
353-22.8 Orders for payment of child support.
353-23 Disposition of property subject to action for damages.
353-24 Conservators of committed persons, appointed when.
353-25 Powers and duties of conservator.
353-26 Removal of conservator.
353-27 Compensation; expenses.
353-28 Property given to committed persons.
353-28.5 Visits from family members.
353-29 What officials may visit.
353-31 Revolving funds for correctional facility stores.
353-34 Probation services fee; assessment.
353-35 Incarcerated parents; data collection.
353-61 Hawaii paroling authority; appointment; tenure; qualifications.
353-62 Hawaii paroling authority; responsibilities and duties; operations; records, reports, staff.
353-63 Service of Hawaii paroling authority members; compensation; expenses.
353-63.5 Intermediate sanctions; eligibility; criteria and conditions.
353-64 Committed persons paroled.
353-65.5 Reports to county clerk.
353-66 Terms and conditions of parole; suspension and revocation.
353-66.5 Suspension or revocation; arrest warrants arising from traffic violations.
353-67 Education as condition for paroles.
353-68 Parole, how initiated and granted.
353-71 Parole officer and assistant parole officers.
353-72 Pardons; reference to paroling authority.
353-101 Authorization to director of public safety or the appropriate officer and the governor.
353-103 Validity of existing contracts.
353-122 Limitation on use of restraints.
353-133 Satisfaction of victims' rights to notification.
353-134 Compliance by department; no cause of action.
353-135 Law enforcement cooperation.
353-136 Automated victim information and notification system special fund; authorization of payment.
353-137 Automated victim information and notification system governance committee.