All moneys received by windfall or earned by a committed person shall be subject to garnishment, levy, or any like process of attachment by the director for a cause of action or claim against the committed person in the following order of priority:

(1) Restitution to victims;

Terms Used In Hawaii Revised Statutes 353-22.5

  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • 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
  • Director: means the director of corrections and rehabilitation; provided that the signing or approval of vouchers and other routine matters may be delegated by the director to any authorized subordinate. See Hawaii Revised Statutes 353-1
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(2) Child support payments by order of the court;
(3) Replacement costs for any facility damage that may have been caused by the committed person and all other costs associated with the facility damage; and
(4) Reimbursement for the extraordinary cost of photocopying or postage which has been advanced by the department for litigation purposes.

All moneys collected by the department pursuant to paragraph (3) or (4) shall be used to reimburse, in whole or in part, the nonbudgeted costs and expenses.