§706-650.5 Human trafficking victim services fund. (1) In addition to any disposition authorized by chapter 706, any individual who is:
(a) Convicted of an offense under part VIII of chapter 707; or
(b) Convicted of an offense under part I of chapter 712;
shall be ordered to pay a fee under subsection (2).
(2) Fees for individuals subject to subsection (1) shall not exceed the following:
(a) $5,000 when the offense is a class A felony;
(b) $2,500 when the offense is a class B felony;
(c) $1,000 when the offense is a class C felony;
(d) $500 when the offense is a misdemeanor; or
(e) $250 when the offense is a petty misdemeanor.
(3) There is established within the state treasury a special fund to be known as the human trafficking victim services fund to be administered by the department of labor and industrial relations. The disbursement of money from the human trafficking victim services fund shall be used to supplement programs, grants, or purchase of service contracts that support or provide comprehensive services to victims of labor trafficking crimes under part VIII of chapter 707, or victims of trafficking related to crimes under part I of chapter 712. Moneys in the special fund shall be used for new or existing programs, grants, or purchase of service contracts and shall not supplant any other moneys previously allocated to these programs, grants, or purchase of service contracts.
(4) All fees paid and interest accrued on funds collected pursuant to this section shall be deposited into the human trafficking victim services fund.
(5) When a defendant is ordered to make payments in addition to the human trafficking victim services fee authorized under subsection (2), payments by the defendant shall be made pursuant to section 706-651.
(6) The department of labor and industrial relations shall submit to the legislature no later than twenty days prior to the convening of each regular session a written annual report that provides the following:
(a) An accounting of the receipts of and expenditures from the human trafficking victim services fund; and
(b) Any recommendations to improve support of and services to victims of labor trafficking crimes under part VIII of chapter 707, or victims of trafficking related to crimes under part I of chapter 712. [L 2014, c 119, §1; am L 2016, c 231, §28]
COMMENTARY ON §706-650.5
Act 119, Session Laws 2014, added this section to impose a human trafficking victim services fee upon individuals who are convicted of certain trafficking offenses and to establish the human trafficking victim services fund, to provide support and services to human trafficking victims. The legislature found that existing law did not provide a source of revenue to support and provide services to human trafficking victims who often require access to basic and life-sustaining services, including toiletries and food, and may require long-term access to stable and supportive environments, such as licensed residential treatment facilities. Senate Standing Committee Report No. 3043, Conference Committee Report No. 97-14.
Act 231, Session Laws 2016, amended subsection (5) to implement recommendations made by the Penal Code Review Committee convened pursuant to House Concurrent Resolution No. 155, S.D. 1 (2015).
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.