Hawaii Revised Statutes 346-368 – Abuse of assistance
Attorney's Note
Under the Hawaii Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| misdemeanor | up to 1 year | $2,000 |
Terms Used In Hawaii Revised Statutes 346-368
- county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
- Department: means the department of human services. See Hawaii Revised Statutes 346-1
- Homeless: means :
(1) An individual or family who lacks a fixed, regular, and adequate night-time residence; or
(2) An individual or family who has a primary night-time residence that is:
(A) A supervised publicly or privately operated shelter designed to provide temporary living accommodations;
(B) An institution that provides temporary residence for individuals intended to be institutionalized; or
(C) A public or private place not designed for or ordinarily used as sleeping accommodations for human beings. See Hawaii Revised Statutes 346-361
- Homeless facility: means a development designed to provide shelter for homeless families or individuals pursuant to this part, or to facilitate any other homeless program authorized by this part, and may include emergency or transitional shelters. See Hawaii Revised Statutes 346-361
- Lien: A claim against real or personal property in satisfaction of a debt.
- Provider: means any person or public or private institution, agency or business concern authorized by the department to provide health care, service or supplies to beneficiaries of medical assistance. See Hawaii Revised Statutes 346-1
- Provider agency: means an organization, including its governing board, officers, employees, contractors, or agents, contracted by the department to provide labor and services to any homeless facility or any other program for the homeless authorized by this part that is:
(1) A for-profit organization incorporated under the laws of the State; or
(2) A nonprofit organization determined by the Internal Revenue Service to be exempt from the federal income tax; that has a governing board whose members have no material conflict of interest and who serve without compensation, and that has adopted bylaws or policies that describe the manner in which business is conducted, including policies that relate to nepotism and management of potential conflict of interest situations. See Hawaii Revised Statutes 346-361
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
The enforcement of a writ of possession shall be effected either by an officer appointed by the department, who shall have all of the powers of a police officer for all action in connection with the enforcement of the writ, or any other law enforcement officer of the State or any county, whose duty it shall be to enforce the writ. The person enforcing the writ shall remove all persons from the premises and put the department or its designee, or the provider agency designated by the department, in full possession thereof.
Upon eviction, the household goods and personal effects of the person against whom the writ is entered, and those of any persons using the premises incident to the person’s holding, may be removed from the premises immediately and sold or otherwise disposed of by the department or its designee or the provider agency. The department or its designee or the provider agency shall have a lien on the property so removed for the expenses incurred in moving the property.