Collection account, creation, disbursements
HRS §351-83
in effect351-83. Collection account, creation, disbursements
Monetary compensation received by the commission pursuant to section 351-82(1) shall be deposited into a collection account established by the commission. The moneys deposited into the collection account including interest earned shall be used exclusively to pay the expenses of legal representation incurred by the convicted person in prosecuting an appeal of the conviction. Upon the presentation of a verified statement of attorney's fees and expenses, the commission shall pay such attorney's fees and expenses reasonably and necessarily incurred in prosecuting the appeal.
If the monetary compensation deposited into the
collection account pursuant to section 351-82(1) is not sufficient to
prosecute the convicted person's appeal, or if the convicted person seeks other
judicial relief in order to void the conviction or to obtain release from
incarceration, then the convicted person may obtain a court order compelling
the commission either to pay the sum necessary for adequate legal
representation out of the funds deposited in the special account pursuant to
section 351-82(2) or to deposit into the collection account a percentage
greater than fifty per cent of the monetary compensation payable to the
convicted person.
[L 1986, c 155, pt of §1]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0351/HRS_0351-0083.htmFetched: 11/10/2026