§706-605.1 Intermediate sanctions; eligibility; criteria and conditions. (1) The judiciary shall implement alternative programs that place, control, supervise, and treat selected defendants in lieu of a sentence of incarceration.
(2) Defendants may be considered for sentencing to alternative programs if they have not been convicted of a non-probationable class A felony.
(3) A defendant may be sentenced by a district, family, or circuit court judge to alternative programs.
(4) As used in this section, "alternative programs" means programs that are created and funded by legislative appropriation or federal grant naming the judiciary or one of its operating agencies as the expending agency and that are intended to provide an alternative to incarceration. Alternative programs may include:
(a) House arrest, or curfew using electronic monitoring and surveillance, or both;
(b) Drug court programs for defendants with assessed alcohol or drug abuse problems, or both;
(c) Therapeutic residential and nonresidential programs, including secure drug treatment facilities; and
(d) Similar programs created and designated as alternative programs by the legislature or the administrative director of the courts for qualified defendants who do not pose significant risks to the community. L Sp 1995, c 25, §4; am L Sp 2009, c 4, §2; am L 2016, c 231, §19
Cross References
Similar provisions, see § §353-10.5 and 353-63.5.
COMMENTARY ON §706-605.1
Act 25, Special Session Laws 1995, added this section, which requires the judiciary to implement alternative programs that place, control, supervise, and treat selected defendants in lieu of an incarceration sentence. The legislature addressed the problem of prison overcrowding by, inter alia, providing for the implementation of alternatives to incarceration that do not undermine public safety. House Standing Committee Report No. 23-S, Senate Standing Committee Report No. 2-S (1995 Special Session). See also Conference Committee Report No. 122, Senate Bill No. 82 (vetoed).
Act 4, Special Session Laws 2009, amended this section, authorizing the placement of certain drug offenders in secure drug treatment facilities, to promote the rehabilitation of convicted drug offenders through alternatives to incarceration. The legislature found that providing convicted drug offenders with drug rehabilitation programs in a secure drug treatment facility would reduce the offenders' rate of recidivism upon release and help the offenders develop an important and meaningful role in society. Senate Standing Committee Report No. 1285, Conference Committee Report No. 25.
Act 231, Session Laws 2016, amended this section to implement recommendations made by the Penal Code Review Committee convened pursuant to House Concurrent Resolution No. 155, S.D. 1 (2015).
Law Journals and Reviews
Report on the Success of the Maui/Molokai Adult Drug Court: Proven Successful, the New Paradigm for our Criminal Justice System? 34 UH L. Rev. 423 (2012).
Structure Hawaii Revised Statutes
706. Disposition of Convicted Defendants
706-600 Sentence in accordance with this chapter. §706-600 Commentary:
706-600.5 Definitions of terms in this chapter.
706-601 Pre-sentence diagnosis and report. §706-601 Commentary:
706-602 Pre-sentence diagnosis, notice to victims, and report. §706-602 Commentary:
706-603 DNA analysis monetary assessment; DNA registry special fund. §706-603 Commentary:
706-605 Authorized disposition of convicted defendants. §706-605 Commentary:
706-605.1 Intermediate sanctions; eligibility; criteria and conditions.
706-605.6 Assault against a sports official.
706-606 Factors to be considered in imposing a sentence.
706-606.3 Expedited sentencing program.
706-606.4 Sentencing in enumerated offenses committed in the presence of a minor.
706-606.5 Sentencing of repeat offenders.
706-606.6 Repeat violent and sexual offender; enhanced sentence.
706-607 Civil commitment in lieu of prosecution or of sentence. §706-607 Commentary:
706-610 Classes of felonies. §706-610 Commentary:
706-620 Authority to withhold sentence of imprisonment. §706-620 Commentary:
706-621 Factors to be considered in imposing a term of probation. §706-621 Commentary:
706-622 Requirement of probation; exception.
706-622.5 Sentencing for drug offenders; expungement.
706-622.8 First-time drug offender prior to 2004; probation; expungement
706-622.9 Sentencing for first-time property offenders; expungement.
706-623 Terms of probation. §706-623 Commentary:
706-624 Conditions of probation. §706-624 Commentary:
706-624.5 Notice of probation.
706-625 Revocation, modification of probation conditions. §706-625 Commentary:
706-626 Summons or arrest of defendant on probation; commitment without bail. §706-626 Commentary:
706-627 Tolling of probation. §706-627 Commentary:
706-630 Discharge of defendant. §706-630 Commentary:
706-631 Probation is a final judgment for other purposes.
706-641 Criteria for imposing fines. §706-641 Commentary:
706-642 Time and method of payment.
706-645 Revocation of fine or restitution.
706-648 Probation services fee.
706-650 Drug demand reduction assessments; special fund.
706-650.5 Human trafficking victim services fund.
706-651 Payments by defendant; order of priority.
706-657 Enhanced sentence for second degree murder.
706-659 Sentence of imprisonment for class A felony.
706-661 Extended terms of imprisonment.
706-662 Criteria for extended terms of imprisonment. § §706-661 and 706-662 Commentary:
706-663 Sentence of imprisonment for misdemeanor and petty misdemeanor. §706-663 Commentary:
706-664 Procedure for imposing extended terms of imprisonment.
706-665 Former conviction in another jurisdiction.
706-666 Definition of proof of conviction.
706-667 Young adult defendants. §706-667 Commentary:
706-668.5 Multiple sentence of imprisonment.
706-669 Procedure for determining minimum term of imprisonment. §706-669 Commentary:
706-670.5 Notice of parole or final unconditional release.