(1) The court, when sentencing a defendant to probation or granting deferral of a plea under section nolo contendere plea; discharge and dismissal, expungement of records” class=”unlinked-ref” datatype=”S” sessionyear=”2024″ statecd=”HI”>853-1, shall order the defendant to pay a probation services fee. The amount of the fee shall be as follows:

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Terms Used In Hawaii Revised Statutes 706-648

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • 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.
  • 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.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(a) $150, when the term of probation or period of deferral is for more than one year; or
(b) $75, when the term of probation or period of deferral is for one year or less;

provided that no fee shall be ordered when the court determines that the defendant is unable to pay the fee.

(2) The entire fee ordered or assessed shall be payable forthwith by cash, check, or by a credit card approved by the court. When a defendant is also ordered to pay a fine, make restitution, pay a crime victim compensation fee, or pay other fees in addition to the probation services fee under subsection (1), payments by the defendant shall be made pursuant to section 706-651.
(3) Any defendant received for supervision pursuant to chapter 353B shall be assessed a probation services fee pursuant to this section.
(4) The defendant shall pay the fee to the clerk of the court.

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