Terms Used In Hawaii Revised Statutes > Chapter 353 - Corrections and Rehabilitation

• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• Administrative order: means the order resulting from an administrative adjudication by a hearings officer or the attorney general, through the agency, of the final disposition of a matter before the agency. See Hawaii Revised Statutes 576E-1
• Agency: means the child support enforcement agency established by section 576D-2. See Hawaii Revised Statutes 576E-1
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• 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.
• Application: means a request under the Convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority. See Hawaii Revised Statutes 576B-701
• Appraisal: A determination of property value.
• Arrearage: means past due child support under an existing court or administrative order. See Hawaii Revised Statutes 576E-1
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• 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.
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Central authority: means the entity designated by the United States or a foreign country described in paragraph (4) of the definition of "foreign country" in § 576B-102 to perform the functions specified in the Convention. See Hawaii Revised Statutes 576B-701
• Child support: means payment for the necessary support and maintenance of a child as required by law that includes but is not limited to spousal support when being enforced in conjunction with child support or medical support when a court or administrative order requires the debtor parent to pay an amount in lieu of providing medical insurance coverage or to reimburse for maternity and delivery expenses incurred when the debtor parent's child was born. See Hawaii Revised Statutes 576E-1
• Committed person: means a person committed to the custody of the director of corrections and rehabilitation for imprisonment pursuant to chapter 706, including a probationer serving a term of imprisonment pursuant to section 706-624(2)(a) and a misdemeanant or petty misdemeanant sentenced pursuant to section 706-663. See Hawaii Revised Statutes 353-1
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Continuance: Putting off of a hearing ot trial until a later time.
• Convention support order: means a support order of a tribunal of a foreign country described in paragraph (4) of the definition of "foreign country" in § 576B-102. See Hawaii Revised Statutes 576B-701
• Conviction: A judgement of guilt against a criminal defendant.
• county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
• Court: means the family courts of this State and, when the context requires, a court or agency of any other state having jurisdiction to establish, modify, and enforce support obligations. See Hawaii Revised Statutes 576E-1
• Custodial parent: means a parent, guardian, or other person having physical custody of the child. See Hawaii Revised Statutes 576E-1
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means the department of corrections and rehabilitation. See Hawaii Revised Statutes 353-1
• Department: means the department of the attorney general. See Hawaii Revised Statutes 576E-1
• Dependent child: means any person to whom a duty of support is owed. See Hawaii Revised Statutes 576E-1
• Direct request: means a petition filed by an individual in a tribunal of this State in a proceeding involving an obligee, obligor, or child residing outside the United States. See Hawaii Revised Statutes 576B-701
• 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
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Duty of support: means any duty of support imposed or imposable by law, or by any court order, decree, or judgment, whether interlocutory or final or whether incidental to a proceeding for divorce, judicial separation, separate maintenance, or otherwise, and includes the duty to pay arrearages of support past due and unpaid. See Hawaii Revised Statutes 576E-1
• Employee: means any person working for another for hire, including but not limited to, an individual employed in domestic service or at a family's or person's home or any individual employed by the individual's parent or spouse, or independent contractors. See Hawaii Revised Statutes 576E-1
• Employer: means any person who uses or engages the services of any person in exchange for the payment of wages or other means of exchange, including the United States government, the State, and any political subdivision thereof, and anyone who is or shall become obligated for payment of income. See Hawaii Revised Statutes 576E-1
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Ex officio: Literally, by virtue of one's office.
• Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
• Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. ^{Source: OCC}
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Guidelines: means a stated course of action which is desirable and should be followed unless a determination is made that it is not the most desirable in a particular case; thus, a guideline may be deviated from without penalty or sanction. See Hawaii Revised Statutes 226-2
• Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
• Hearings officer: means a public official appointed and commissioned pursuant to § 576E-10. See Hawaii Revised Statutes 576E-1
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Labor: means the period of time before a birth during which contractions are of sufficient frequency, intensity, and duration to bring about effacement and progressive dilation of the cervix. See Hawaii Revised Statutes 353-121
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• License: means any license, certification, registration, or permit issued by a licensing authority for recreational purposes, or to conduct a trade or business, including a license to practice a profession or vocation, or a license to operate any motor vehicle, boat, airplane, or helicopter. See Hawaii Revised Statutes 576E-1
• Licensed health care practitioner: includes dentists licensed under chapter 448, physicians licensed under chapter 453, physician assistants licensed under chapter 453, and advanced practice registered nurses licensed under chapter 457. See Hawaii Revised Statutes 577D-1
• Licensing authority: means any unit of the State or county government, including agencies, departments, boards, commissions, or authorities, or any other entity within the State or county authorized by statute to grant or deny licenses. See Hawaii Revised Statutes 576E-1
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Minor without support: means a person who is at least fourteen years of age but less than eighteen years of age who is not under the care, supervision, or control of a parent, custodian, or legal guardian. See Hawaii Revised Statutes 577D-1
• Obligee: means any person to whom payments are required to be made under the terms of a court or administrative order for child support, or child support and spousal support. See Hawaii Revised Statutes 576E-1
• Obligor: means a responsible parent obligated by court or administrative order to pay child support. See Hawaii Revised Statutes 576E-1
• Office: means the office of child support hearings established pursuant to § 576E-10. See Hawaii Revised Statutes 576E-1
• Office: means the office of planning and sustainable development. See Hawaii Revised Statutes 226-2
• Order of support: means a judgment, decree, or order, whether temporary, final, or subject to modification, issued by a court or an administrative agency of competent jurisdiction, for the support and maintenance of a child, including a child who has attained the age of majority under the law of the issuing state, or a child and the parent with whom the child is living, which provides for monetary support, health care, arrearages, or reimbursement, and which may include related costs and fees, interest and penalties, income withholding, attorney's fees, and other relief. See Hawaii Revised Statutes 576E-1
• Oversight: Committee review of the activities of a Federal agency or program.
• Party: means each person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, including but not limited to the custodial parent and the responsible parent. See Hawaii Revised Statutes 576E-1
• Personal property: All property that is not real property.
• 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.
• Postpartum recovery: means :

  (1) The entire period a female is in a hospital, birthing center, or clinic after giving birth; and

  (2) An additional time period, if any, a treating physician determines is necessary for healing after the female leaves the hospital, birthing center, or clinic. See Hawaii Revised Statutes 353-121

• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Pretrial services officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
• Primary medical care and services: means health services that include screening, counseling, immunizations, medication, and treatment of illnesses and medical conditions customarily provided by licensed health care practitioners in an outpatient setting. See Hawaii Revised Statutes 577D-1
• Priority guidelines: means those guidelines which shall take precedence when addressing areas of statewide concern. See Hawaii Revised Statutes 226-2
• Probate: Proving a will
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Public assistance: means any cash paid or medical assistance provided by the department of human services to or for the benefit of any dependent child, including amounts paid to or on behalf of the child's custodian. See Hawaii Revised Statutes 576E-1
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Responsible parent: means any person who does not have physical custody of the child and who has a legal duty of support. See Hawaii Revised Statutes 576E-1
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Restraints: means anything used to control the movement of a person's body or limbs and includes:

  (1) Physical restraint; or

  (2) A mechanical device, including metal handcuffs, plastic ties, ankle restraints, leather cuffs, other hospital-type restraints, tasers, or batons. See Hawaii Revised Statutes 353-121

• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Spousal support: means a legally enforceable obligation assessed against an individual for the support of a spouse or a former spouse who is living with a child or children for whom the individual also owes support. See Hawaii Revised Statutes 576E-1
• State agency: means any department, office, board, or commission of the State, or the University of Hawaii. See Hawaii Revised Statutes 226-2
• Statute: A law passed by a legislature.
• Summons: Another word for subpoena used by the criminal justice system.
• Support order: means an obligation determined by a court or duly authorized administrative agency, for the maintenance of a dependent child, which is owed to or on behalf of the child, or to the parent or custodian with whom the child is living. See Hawaii Revised Statutes 576E-1
• Sustainability: means achieving the following:

  (1) Respect of the culture, character, beauty, and history of the State's island communities;

  (2) Striking a balance between economic, social, community, and environmental priorities; and

  (3) Meeting the needs of the present without compromising the ability of future generations to meet their own needs. See Hawaii Revised Statutes 226-2

• Testify: Answer questions in court.
• Transport: means the conveyance, by any means, of a committed person from the correctional facility to another location, including travel to and from a transport vehicle. See Hawaii Revised Statutes 353-121
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Uniform statewide procedures: means a written set of instructions prepared by the agency which describe step by step actions to be taken by agency personnel in the performance of duties under this chapter. See Hawaii Revised Statutes 576E-1
• Verdict: The decision of a petit jury or a judge.