(1) Except as provided in subsections (3) and (4), the court shall order a pre-sentence correctional diagnosis of the defendant and accord due consideration to a written report of the diagnosis before imposing sentence where:

criminal case

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Terms Used In Hawaii Revised Statutes 706-601

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(a) The defendant has been convicted of a felony; or
(b) The defendant is less than twenty-two years of age and has been convicted of a crime.
(2) The court may order a pre-sentence diagnosis in any other case.
(3) With the consent of the court, the requirement of a pre-sentence diagnosis may be waived by agreement of both the defendant and the prosecuting attorney; provided that in felony cases, the prosecuting attorney shall inform, or make reasonable efforts to inform, the victim or the victim’s surviving immediate family members of their rights to be present at the sentencing hearing and to provide information relating to the impact of the crime, including any requested restitution.
(4) The court on its own motion may waive a pre-sentence correctional diagnosis where:

(a) A prior pre-sentence diagnosis was completed within one year preceding the sentencing in the instant case;
(b) The defendant is being sentenced for murder or attempted murder in any degree; or
(c) The sentence was agreed to by the parties and approved by the court under rule 11 of the Hawaii rules of penal procedure.
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