(a) The department of corrections and rehabilitation shall implement alternative programs that place, control, supervise, and treat selected offenders in lieu of incarceration.

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
For details, see Haw. Rev. Stat. § 706-659

Terms Used In Hawaii Revised Statutes 353-10.5

  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Department: means the department of corrections and rehabilitation. See Hawaii Revised Statutes 353-1
  • Director: means the director of corrections and rehabilitation; provided that the signing or approval of vouchers and other routine matters may be delegated by the director to any authorized subordinate. See Hawaii Revised Statutes 353-1
(b) Pretrial detainees may be considered for placement in alternative programs if they:

(1) Have been admitted to bail and are not charged with a non-probationable class A felony; and
(2) Have not, within the previous five years, been convicted of a crime involving serious bodily injury or substantial bodily injury as defined by chapter 707.
(c) Sentenced offenders and other committed persons may be considered for placement in alternative programs as a condition of furlough or release, provided that the person is otherwise eligible for or has been granted furlough or release pursuant to § 353-8 or 353-17.
(d) As used in this section, “alternative programs” mean programs that are created and funded by legislative appropriation or federal grant naming the department of corrections and rehabilitation or one of its operating agencies as the expending agency and that are intended to provide an alternative to incarceration. Alternative programs may include:

(1) Home detention, curfew , or both;
(2) Supervised release, graduated release, furlough, and structured educational or vocational programs;
(3) Similar programs created and designated as alternative programs by the legislature or the director of corrections and rehabilitation for inmates who do not pose significant risks to the community; and
(4) The use of electronic monitoring and surveillance.
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