§353-11 Access to correctional facilities and records; instituting of inquiries and securing information. (a) The Hawaii paroling authority and every member thereof and the director, at all times, shall have free access to all correctional facilities throughout the State, wherein persons convicted of crime are confined, and to all records and books kept in connection therewith, and may institute inquiries about any committed person whether confined or on parole.
All circuit judges, district judges, prosecuting attorneys, sheriffs, police officers, and other court and corrections officials and employees shall furnish, when called upon by the paroling authority or director, all information that may be possessed concerning any committed person.
(b) Upon the refusal of any person in charge of any such correctional facility to give free access thereto or to any records or books kept in connection therewith, or of any such officer, district judge, sheriff, official, or employee to furnish such information, the paroling authority or director may make informal application in writing to any circuit court, reciting the facts and requesting an order directing the person concerned to give such access, or furnish such information and the court, after such reasonable notice to the person as it shall direct, shall proceed to hear the application and shall make such order as may appear proper. In case of the refusal of a circuit judge to furnish information as is required by this section, the paroling authority or director may apply to the intermediate appellate court for relief in the same manner as in the case of an application to a circuit court provided in this section. The circuit courts and the intermediate appellate court, subject to chapter 602, shall have jurisdiction and all powers necessary for the purposes of this section.
(c) In all investigations made by the paroling authority or director and in all proceedings before it or the director, the paroling authority and each member thereof and the director shall have the same powers respecting administering oaths, compelling the attendance of witnesses, and the production of documentary evidence and examining witnesses as are possessed by circuit courts. In case of disobedience by any person of any order of the paroling authority or any member thereof or the director or of any subpoena issued by it or the director or of the refusal of any witness to testify to any matter regarding which the witness may be questioned lawfully, any circuit judge, on application by the paroling authority or a member thereof or the director, shall compel obedience as in case of disobedience of the requirements of a subpoena issued from a circuit court or a refusal to testify therein. The fees and traveling expenses of witnesses shall be the same as are allowed witnesses in the circuit court and shall be paid by the State on vouchers approved by the director out of any appropriation or funds available for the expenses of the department. [L 1987, c 338, pt of §3; am L 1989, c 211, §10; am L 1990, c 281, §11; am L 2006, c 91, §3]
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.