§706-672 Place of imprisonment. When a person is sentenced to imprisonment, the court shall commit the person to the custody of the department of public safety for the term of the person's sentence and until released in accordance with law. The director of public safety shall determine the proper program of redirection and any place of confinement of the committed person. [L 1972, c 9, pt of §1; am L 1983, c 182, §1; am L 1987, c 338, §10; am L 1989, c 211, §8; gen ch 1993]
COMMENTARY ON §706-672
This section is substantially in accord with prior law. H.R.S. §711-83 (as codified prior to this Code) provided that felons be committed to the custody of the director of the department of social services and housing for placement within the correctional facilities of the department. Although there was no specific statutory direction that persons imprisoned for misdemeanors shall be incarcerated in county jails,1 this was the usual practice.
SUPPLEMENTAL COMMENTARY ON §706-672
In enacting the Code, the legislature added to §672(1) of the Proposed Draft the last sentence which allows the court to determine the initial place of confinement. The Conference Committee Report states that "the Director of the Department of Social Services and Housing shall determine the proper program of redirection and any subsequent place of confinement best suited to meet the individual needs of the committed person." Conference Committee Report No. 2 (1972) (emphasis added). The committee also put its gloss on the word "institution," appearing in subsection (2), by stating its "intent that 'institution' refers to any detention or correctional facility other than Oahu prison." Id.
Act 182, Session Laws 1983, amended this section to authorize the director of social services to determine a convicted person's place of confinement. Under prior law, courts determined the initial place of confinement for convicted persons with indeterminate prison terms and also determined the permanent place of confinement for convicted persons with definite prison terms. Because of that law, convicted persons were sometimes inappropriately housed due to the court's commitment or the prisoner's subsequent behavior. By amending this section, the director is able to place convicted persons in the most appropriate program and is better able to use the department's resources to provide for the safety of other prisoners and the department's staff. Senate Standing Committee Report No. 722, House Standing Committee Report No. 419.
Case Notes
Nothing in the federal or the state constitution or the state statutory law entitles prisoner to a hearing in connection with the prisoner's transfer to a mainland prison. 63 H. 138, 621 P.2d 976 (1981).
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§706-672 Commentary:
1. But cf. H.R.S. §710-12, which reads in part: "The magistrate may direct, as one of the terms and conditions of such suspension of sentence, periodical or intermittent confinement of such person in jail or his attendance at a traffic course or school prescribed by the magistrate."
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.