Terms Used In Hawaii Revised Statutes > Chapter 264 > Part IV - Controlled-Access Facilities

• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Agency having jurisdiction: means that agency with the authority to direct the release of a person serving a sentence or term of confinement or place a person on probation, supervised release, or parole and includes the department of corrections and rehabilitation, the Hawaii paroling authority, the courts, and the department of health. See Hawaii Revised Statutes 846E-1
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attorney general: means the attorney general of the State of Hawaii, the department of the attorney general, or an authorized representative of the attorney general. See Hawaii Revised Statutes 846E-1
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Buyer: means a person who buys or contracts to buy goods. See Hawaii Revised Statutes 490:2-103
• Chief of police: means the county chief of police, the county police department, or an authorized representative of the chief of police. See Hawaii Revised Statutes 846E-1
• Combined DNA Index System: means the FBI's program of support for criminal justice DNA databases as well as the software used to run these databases. See Hawaii Revised Statutes 844G-1
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Contract for sale: includes both a present sale of goods and a contract to sell goods at a future time. See Hawaii Revised Statutes 490:2-106
• Conviction: A judgement of guilt against a criminal defendant.
• Conviction: means a judgment on the verdict, or a finding of guilt after a plea of guilty or nolo contendere, excluding the adjudication of a minor, and occurs on the date judgment is entered. See Hawaii Revised Statutes 846E-1
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
• Covered offender: means a "sex offender" or an "offender against minors" as defined in this section. See Hawaii Revised Statutes 846E-1
• Covered offense: means a criminal offense that is:
  (1) A crime within the definition of "crimes against minors" in this section; or
  (2) A crime within the definition of "sexual offense" in this section. See Hawaii Revised Statutes 846E-1
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the department of the attorney general. See Hawaii Revised Statutes 844G-1
• Devise: To gift property by will.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• DNA: means deoxyribonucleic acid. See Hawaii Revised Statutes 844G-1
• DNA analysis: refers to the following process:

  (1) The taking of DNA samples from evidence containing DNA from a known individual or DNA of unknown origin;

  (2) The isolation of DNA to develop DNA profiles; and

  (3) The determination of the DNA test results. See Hawaii Revised Statutes 844G-1

• Eligible: means in compliance with the FBI's specific requirements for a state's participation in the National DNA Index System, pursuant to the federal DNA Identification Act, title 34 U. See Hawaii Revised Statutes 844G-1
• Enterprise: includes any sole proprietorship, partnership, corporation, association, and any union or group of individuals associated for a particular purpose although not a legal entity. See Hawaii Revised Statutes 842-1
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fiduciary: A trustee, executor, or administrator.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Foreign conviction: means a conviction under the laws of:
  (1) Canada, United Kingdom, Australia, or New Zealand; or
  (2) Any other foreign country, if the United States Department of State, in its Country Reports on Human Rights Practices, has concluded that an independent judiciary vigorously enforced the right to a fair trial in that country during the year in which the conviction occurred and enforces the right to a fair trial to the same or higher standard as the countries listed in paragraph (1). See Hawaii Revised Statutes 846E-1
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Grantor: The person who establishes a trust and places property into it.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Insurance group: means those insurers and affiliates included within an insurance holding company system as defined in article 11. See Hawaii Revised Statutes 431:3D-102
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Law enforcement agency: means a county police department. See Hawaii Revised Statutes 844G-1
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Medical forensic examination: means an examination provided to a victim of a suspected sexual assault by a health care provider to address medical concerns resulting from the sexual assault and to collect and preserve evidence that may be used in a police investigation and any subsequent prosecution. See Hawaii Revised Statutes 844G-1
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Offender against minors: means a person who is not a "sex offender" as defined in this section, and is or has been:
  (1) Convicted at any time, whether before or after May 9, 2005, of a "crime against minors" as defined in this section; or
  (2) Charged at any time, whether before or after May 9, 2005, with a "crime against minors" as defined in this section and who is found unfit to proceed and is released into the community or who is acquitted due to a physical or mental disease, disorder, or defect pursuant to chapter 704 and is released into the community. See Hawaii Revised Statutes 846E-1
• Organized crime: means any combination or conspiracy to engage in criminal activity as a significant source of income or livelihood, or to violate, aid, or abet the violation of criminal laws relating to prostitution, gambling, loan sharking, drug abuse, illegal drug distribution, counterfeiting, extortion, labor trafficking, unlicensed sale of liquor, or corruption of law enforcement officers or other public officers or employers. See Hawaii Revised Statutes 842-1
• Oversight: Committee review of the activities of a Federal agency or program.
• Own risk and solvency assessment: means a confidential internal assessment, appropriate to the nature, scale, and complexity of an insurer or insurance group and conducted by that insurer or insurance group, of the material and relevant risks associated with the insurer or insurance group's current business plan and the sufficiency of capital resources to support those risks. See Hawaii Revised Statutes 431:3D-102
• Own Risk and Solvency Assessment Guidance Manual: means the Own Risk and Solvency Assessment Guidance Manual as developed and adopted by the National Association of Insurance Commissioners and as amended from time to time. See Hawaii Revised Statutes 431:3D-102
• Own risk and solvency assessment summary report: means a confidential, high-level summary of an insurer or insurance group's own risk and solvency assessment. See Hawaii Revised Statutes 431:3D-102
• Parent: means a parent, legal guardian, or a person who has a substantial familial or hanai relationship with the minor. See Hawaii Revised Statutes 846E-1
• Permanent residence: means a building, permanent structure or unit therein, or watercraft where the covered offender resides and intends to reside indefinitely, or at least for the next one hundred eighty days, and which the offender owns, rents, or occupies with the consent of the owner. See Hawaii Revised Statutes 846E-1
• Person: includes any individual or entity capable of holding a legal or beneficial interest in property and includes nonresident aliens. See Hawaii Revised Statutes 842-1
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Quorum: The number of legislators that must be present to do business.
• Racketeering activity: means any act or threat involving but not limited to murder, kidnapping, gambling, criminal property damage, robbery, bribery, extortion, labor trafficking, unlicensed sale of liquor, theft, or prostitution, or any dealing in narcotic or other dangerous drugs that is chargeable as a crime under state law and punishable by imprisonment for more than one year. See Hawaii Revised Statutes 842-1
• Registration information: means the information specified in section 846E-2(d) and (e). See Hawaii Revised Statutes 846E-1
• Release: means release from:
  (1) Imprisonment;
  (2) Imprisonment and placed on parole;
  (3) Imprisonment and placed on furlough;
  (4) Any form of commitment, custody, or confinement resulting from an order made pursuant to chapter 704; or
  (5) A halfway house or other equivalent facility,

  whichever is later. See Hawaii Revised Statutes 846E-1

• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Repeat covered offender: means :
  (1) A person who is or has been convicted at any time, whether before or after May 9, 2005, of more than one covered offense as defined in this section, except that a conviction for multiple counts within a single charging document that allege covered offenses against the same victim and that allege the same date of the covered offense against that single victim shall be considered, for the purposes of this definition, a single covered offense; or
  (2) A person who is or has been charged at any time, whether before or after May 9, 2005, with more than one covered offense as defined in this section and who has been, more than once, either:

  (A) Convicted;

  (B) Found unfit to proceed pursuant to chapter 704; or

  (C) Acquitted due to a physical or mental disease, disorder, or defect pursuant to chapter 704. See Hawaii Revised Statutes 846E-1
• Seller: means a person who sells or contracts to sell goods. See Hawaii Revised Statutes 490:2-103
• Service of process: The service of writs or summonses to the appropriate party.
• Sex offender: means :
  (1) A person who is or has been convicted at any time, whether before or after May 9, 2005, of a "sexual offense"; or
  (2) A person who is or has been charged at any time, whether before or after May 9, 2005, with a "sexual offense" and is or has been found unfit to proceed and is or has been released into the community or who is acquitted due to a physical or mental disease, disorder, or defect pursuant to chapter 704 and is released into the community. See Hawaii Revised Statutes 846E-1
• Sexual assault evidence collection kit: means a kit that contains a human biological specimen or specimens collected by a health care provider during a medical forensic examination from the victim of a suspected criminal sexual offense. See Hawaii Revised Statutes 844G-1
• Sexual offense: means an offense that is:
  (1) Set forth in section 707-730(1), 707-731(1), 707-732(1), 707-733(1)(a), 707-733. See Hawaii Revised Statutes 846E-1
• Status: refers to the location, date, and time that a sexual assault evidence collection kit is transferred within the chain of custody. See Hawaii Revised Statutes 844G-1
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Subpoena duces tecum: A command to a witness to produce documents.
• Temporary residence: means a building, permanent structure or unit therein, watercraft, emergency shelter, or transitional housing facility where the covered offender resides, but does not intend to reside for more than one hundred eighty days. See Hawaii Revised Statutes 846E-1
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Trustee: A person or institution holding and administering property in trust.
• Trusteed surplus: means the aggregate value of the insurer's general state deposits and trusteed assets deposited with a trustee in compliance with § 431:4F-105, plus accrued investment income thereon where such interest is collected by the states for trustees, less the aggregate net amount of all of the insurer's reserves and other liabilities in the United States as determined in accordance with § 431:4F-106. See Hawaii Revised Statutes 431:4F-101
• United States branch: means the business unit through which business is transacted within the United States by an alien insurer and the assets and liabilities of the insurer within the United States pertaining to such business. See Hawaii Revised Statutes 431:4F-101
• Unlawful debt: means a debt incurred or contracted in an illegal gambling activity or business or which is unenforceable under state law in whole or in part as to principal or interest because of the law relating to usury. See Hawaii Revised Statutes 842-1
• unreported kit: means a sexual assault evidence collection kit for a case in which:

  (1) The victim chose not to report a sexual offense to a law enforcement agency; or

  (2) The victim reported a sexual offense to a law enforcement agency and a formal complaint was generated; but the complaint was subsequently withdrawn at the victim's request. See Hawaii Revised Statutes 844G-1

• Verdict: The decision of a petit jury or a judge.