(a) The court shall impose a compensation fee upon every defendant who has been convicted or who has entered a plea under section nolo contendere plea; discharge and dismissal, expungement of records” class=”unlinked-ref” datatype=”S” sessionyear=”2022″ statecd=”HI”>853-1 and who is or will be able to pay the compensation fee. The amount of the compensation fee shall be commensurate with the seriousness of the offense as follows:

Attorney's Note

Under the Hawaii Revised Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
misdemeanorup to 1 year$2,000
petty misdemeanorup to 30 daysup to $1,000
For details, see Haw. Rev. Stat. § 706-663
criminal case

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Terms Used In Hawaii Revised Statutes 351-62.6

  • Commission: means the crime victim compensation commission established by this chapter. See Hawaii Revised Statutes 351-2
  • Crime: means those under § 351-32, and shall include an act of terrorism occurring outside the United States as defined in title 18 United States Code § 2331, against a resident of this State. See Hawaii Revised Statutes 351-2
  • 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.
  • Victim: means :

    (1) A person who is injured or killed by any act or omission of any other person coming within the criminal jurisdiction of the State;

    (2) Any resident of the State who is injured or killed in another state by an act or omission of another person, which act or omission is within the description of any of the crimes specified in § 351-32; or

    (3) A person who is a resident of this State who is injured or killed by an act of terrorism occurring outside the United States, as defined in title 18 United States Code § 2331. See Hawaii Revised Statutes 351-2

(1) Not less than $105 nor more than $505 for a felony;
(2) $55 for a misdemeanor; and
(3) $30 for a petty misdemeanor.

The compensation fee shall be separate from any fine that may be imposed under § 706-640 and shall be in addition to any other disposition under this chapter; provided that the court shall waive the imposition of a compensation fee if the defendant is unable to pay the compensation fee. Moneys from the compensation fees shall be deposited into the crime victim compensation special fund under section 351-62.5.

(b) The criteria of § 706-641 may apply to this section. In setting the amount of the compensation fee to be imposed, the court shall consider all relevant factors, including but not limited to:

(1) The seriousness of the offense;
(2) The circumstances of the commission of the offense;
(3) The economic gain, if any, realized by the defendant;
(4) The number of victims; and
(5) The defendant’s earning capacity, including future earning capacity.
(c) The compensation fee shall be considered a civil judgment.

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