§706-622 Requirement of probation; exception. When a person who has been convicted of a felony is not sentenced to imprisonment, the court shall place the person on probation. Nothing in this part shall prohibit the court from suspending any sentence imposed upon persons convicted of a crime other than a felony. [L 1972, c 9, pt of §1; am L 1986, c 314, §23; gen ch 1992]
COMMENTARY ON §706-622
Once the decision has been made to withhold a sentence of imprisonment, some criteria must be stated for choosing between suspending sentence and sentencing the defendant to probation. The Code favors placing the defendant on probation if the defendant needs "the supervision, guidance, assistance, or direction that the probation service can provide." In the case of defendants convicted of serious crimes, probation will be the usual sentence (if imprisonment is withheld). For those defendants convicted of minor crimes (especially first offenders), a suspended sentence may suffice.
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.