(1) In addition to any disposition authorized by chapter 706 or NOLO CONTENDERE PLEA” class=”unlinked-ref” datatype=”S” sessionyear=”2022″ statecd=”HI”>853, any person who is:

Attorney's Note

Under the Hawaii Revised Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class A felony20 years to lifeup to $50,000
Class B felonyup to 10 yearsup to $25,000
Class C felonyup to 5 yearsup to $10,000
misdemeanorup to 1 year$2,000
For details, see Haw. Rev. Stat. § 706-659, Haw. Rev. Stat. § 706-660 and Haw. Rev. Stat. § 706-663
criminal case

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Terms Used In Hawaii Revised Statutes 706-650

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • 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.
(a) Convicted of an offense under part IV of chapter 712, except sections 712-1250.5 and 712-1257;
(b) Convicted under section 707-702.5;
(c) Convicted of a felony or misdemeanor offense under part IV of chapter 329;
(d) Convicted under section 291-3.1, 291-3.2, 291-3.3, 291E-61, or 291E-61.5;
(e) Found in violation of part III of chapter 291E; or
(f) Charged with any offense under paragraphs (a) to (d) who has been granted a deferred acceptance of guilty or no contest plea;

shall be ordered to pay a monetary assessment under subsection (2), except as provided under subsection (5).

(2) Monetary assessments for individuals subject to subsection (1) shall not exceed the following:

(a) $3,000 when the offense is a class A felony;
(b) $2,000 when the offense is a class B felony;
(c) $1,000 when the offense is a class C felony;
(d) $500 when the offense is a misdemeanor; or
(e) $250 when the person has been found guilty of an offense under § 712-1249, 291-3.1, 291-3.2, 291-3.3, 291E-61, or has been found in violation of part III of chapter 291E.

Notwithstanding §§ 706-640 and 706-641 and any other law to the contrary, the assessments provided by this section shall be in addition to and not in lieu of, and shall not be used to offset or reduce, any fine authorized or required by law and shall be paid pursuant to section defendant; order of priority” class=”unlinked-ref” datatype=”S” sessionyear=”2022″ statecd=”HI”>706-651.

(3) There is established a special fund to be known as the “drug demand reduction assessments special fund” to be administered by the department of health. The disbursement of money from the drug demand reduction assessments special fund shall be used to supplement substance abuse treatment and other substance abuse demand reduction programs.
(4) All monetary assessments paid and interest accrued on funds collected pursuant to this section shall be deposited into the drug demand reduction assessments special fund.
(5) If the court determines that the person has the ability to pay the monetary assessment and is eligible for probation or will not be sentenced to incarceration, unless otherwise required by law, the court may order the person to undergo a substance abuse treatment program at the person’s expense. If the person undergoes a substance abuse treatment program at the person’s expense, the court may waive or reduce the amount of the monetary assessment. Upon a showing by the person that the person lacks the financial ability to pay all or part of the monetary assessment, the court may waive or reduce the amount of the monetary assessment.

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