(a) The department of corrections and rehabilitation may develop policies and procedures governing the assessment of fees upon detainees and committed persons who receive certain medical, dental, or mental health services or treatment. In adopting these policies and procedures, the department shall safeguard the health and welfare of detainees and committed persons.

Terms Used In Hawaii Revised Statutes 353-13.1

  • 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.
  • Committed person: means a person committed to the custody of the director of corrections and rehabilitation for imprisonment pursuant to chapter 706, including a probationer serving a term of imprisonment pursuant to section 706-624(2)(a) and a misdemeanant or petty misdemeanant sentenced pursuant to section 706-663. See Hawaii Revised Statutes 353-1
  • Department: means the department of corrections and rehabilitation. See Hawaii Revised Statutes 353-1
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
(b) The policies and procedures shall enable the department to assess fees upon detainees and committed persons who:

(1) Request certain nonemergency medical, dental, or mental health services or treatment; or
(2) Intentionally inflict injury to themselves.
(c) The policies and procedures shall include an appeals process to allow a detainee or committed person to appeal the assessment.
(d) The department of corrections and rehabilitation may adopt policies and procedures to establish a fee schedule for medical, dental, and mental health services or treatment under the following conditions:

(1) Fees shall be assessed from the detained or committed person’s individual trust account pursuant to section 353-20; and
(2) Fees shall not be assessed if the individual trust account balance is less than $10; provided that the department may implement a procedure to recover fees in the future.
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