(a) An individual shall be the subject of career criminal prosecution efforts if the individual falls into categories 1, 2, or 3 in subsection (b) and may be the subject of career criminal prosecution efforts if the individual falls into any other category of subsection (b).

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
For details, see Haw. Rev. Stat. § 706-663
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Terms Used In Hawaii Revised Statutes 845-3

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) Subject to the restrictions in subsection (a), career criminal prosecution applies to an individual who:

(1) Has had two or more felony convictions within the last five years.
(2) Has had one or more felony and two or more misdemeanor convictions and/or arrests within the last three years. Misdemeanors will be limited to prostitution, theft II and place to keep firearm.
(3) Is convicted and/or arrested for the offense of “felon in possession of a firearm” within the last five years.
(4) Is on parole.
(5) Is on probation.
(6) Is on bond awaiting an appeal.
(7) Is on bond awaiting trial.
(8) Is known or suspected to be an associate of organized crime.
(9) Is known or suspected of recurring or ongoing criminal activity.
(10) Has no adult record but who has an extensive juvenile record.
(11) Is a juvenile with an extensive record who has been waived to the circuit court for trial.
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