General Provisions

HRS div. 1, tit. 20, ch. 351, pt. V

in effect

HRS §351-61 Terms of order

351-61. Terms of order Except as otherwise provided in this chapter, any order for the payment of compensation under this chapter may be made on such terms as the commission deems appropriate. Without limiting the generality of the preceding sentence, the order may provide for apportionment of the compensation, for the holding of the compensation or any part thereof in trust, for the payment of the compensation in a lump sum or periodic installments, and for the payment of compensation for hospital, medical, funeral, or burial expenses directly to the person who has provided such services. All such orders shall contain words clearly informing the claimant that all awards and orders for payments under this chapter are subject to the making of an appropriation by the legislature to pay the claim, except as otherwise provided in section 351-62.5. [L 1967, c 226, pt of §1; HRS §351-61; am L 1972, c 61, §1d; am L 1998, c 240, §5]

HRS §351-62 Limitations upon award of compensation

351-62. Limitations upon award of compensation (a) No order for the payment of compensation shall be made under this chapter unless the application has been made within eighteen months after the date of injury, death, or property damage; provided that upon a showing of good cause, the commission may consider applications filed beyond this time period. (b) No compensation shall be awarded under this chapter in an amount in excess of $10,000; provided that, if a case involves compensable medical expenses in excess of $10,000, no compensation shall be awarded in excess of $20,000 or the actual amount of compensable medical expenses, whichever is lower. In determining the amount of compensable medical expenses to be awarded, the commission shall deduct amounts or benefits as provided under section 351-63. [L 1967, c 226, pt of §1; HRS §351-62; am L 1989, c 177, §10; am L 2002, c 97, §1]

HRS §351-62.5 Crime victim compensation special fund; when payments authorized

351-62.5. Crime victim compensation special fund; when payments authorized (a) There is established a crime victim compensation special fund from which the commission may make payments as provided in subsection (b). The fund shall be administered by the director of corrections and rehabilitation for purposes of this chapter. Interest and investment earnings credited to the assets of the fund shall become part of the fund. Any balance remaining in the fund at the end of any fiscal year shall be carried forward for the next fiscal year. (b) Where the commission has made an award pursuant to this chapter, the commission shall make the payments to or on behalf of the victim or one or more of the dependents of a deceased victim, or to or for the benefit of other persons who have suffered pecuniary loss or incurred expenses on account of hospital, medical, funeral, or burial expenses as a result of the victim's injury or death. Victims or dependents entitled to receive awards shall be notified of the option to have payments made on their behalf to other designated persons. Payments made pursuant to this section shall not exceed the total amount of the award. (c) The amount appropriated under section 351-70 shall be redeposited into the fund and applied to other payments as authorized by the commission. (d) Funds received pursuant to section 354D-12(b)(1) and amounts received pursuant to sections 351-35, 351-62.6, 351-63, 706-605, and 853-1 shall be deposited into the crime victim compensation special fund. Moneys received shall be used for compensation payments, operating expenses, salaries of positions as authorized by the legislature, and collection of fees. The commission may enter into memorandums of agreement with the judiciary for the collection of fees by the judiciary; provided that no funds shall be deposited by the judiciary into the crime victim compensation special fund until collected. [L 1972, c 61, §1f; am L 1974, c 204, §1; am L 1988, c 322, §1; am L 1992, c 125, §1; am L 1993, c 219, §3; am L 1998, c 206, §3 and c 240, §§5, 7; am L 1999, c 278, §§4, 7; am L 2000, c 115, §1; am L 2001, c 176, §2; am L 2022, c 278, §29]

HRS §351-62.6 Compensation fee

351-62.6. Compensation fee (a) The court shall impose a compensation fee upon every defendant who has been convicted or who has entered a plea under section 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: (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 section 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 section 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. [L 1998, c 206, §2; am L 1999, c 18, §8; am L 2000, c 115, §2; am L 2005, c 144, §1]

HRS §351-63 Recovery from collateral source

351-63. Recovery from collateral source (a) In determining the amount of compensation to be awarded under this chapter, the commission shall deduct amounts or benefits received or to be received from any source, whether from the offender or from any person on behalf of the offender, or from public or private funds, and which amounts or benefits result from or are in any manner, directly or indirectly, attributable to the injury or death which gave rise to the award; provided that no deduction shall be made for death benefits received or to be received under any insurance policy covering the life of a deceased victim. (b) Where compensation is awarded under this chapter and the person receiving same also receives any sum required to be, and that has not been deducted under subsection (a), the person shall refund to the State the lesser of the sum or the amount of the compensation paid to the person under this chapter. [L 1967, c 226, pt of §1; HRS §351-63; am L 1972, c 61, §1e; gen ch 1985; am L 1998, c 240, §5]

HRS §351-64 No double recovery

351-64. No double recovery Application may be made by any eligible person for compensation under both parts III and IV of this chapter, but no order shall have the effect of compensating any person more than once for any loss, expense, or other matter compensable under this chapter. [L 1967, c 226, pt of §1; HRS §351-64]

HRS §351-64.5 Recovery of compensation paid

351-64.5. Recovery of compensation paid (a) Any person who has received under this chapter any amount as compensation to which the person was not entitled shall be liable for that amount unless the overpayment was received without fault on the part of the recipient and its recovery would be against equity and good conscience. The order or decision shall specify that the person is liable to repay to the fund the amount of overpaid compensation and the basis of the overpayment. (b) The person liable shall, in the discretion of the commission, either repay any amount to the crime victim compensation special fund or have such amount deducted from any future compensation payable to the person under this chapter. (c) Failure to comply with the provisions of this section by the person liable to repay overpaid compensation may at the discretion of the commission, result in civil action in the name of the State by the attorney general. [L 1996, c 236, §2; am L 1998, c 240, §7; am L 1999, c 18, §9]

HRS §351-65 Legal adviser

351-65. Legal adviser The attorney general shall serve as legal adviser to the commission. L 1967, c 226, pt of §1; HRS §351-65; am L 1998, c 240, §5

HRS §351-66 Exemption from execution

351-66. Exemption from execution No compensation payable under this chapter shall, prior to actual receipt thereof by the person or beneficiary entitled thereto, or their legal representatives, be assignable or subject to execution, garnishment, attachment, or other process whatsoever, including process to satisfy an order or judgment for support or alimony. [L 1967, c 226, pt of §1; HRS §351-66]

HRS §351-67 Survival and abatement

351-67. Survival and abatement The rights to compensation created by this chapter are personal and shall not survive the death of the person or beneficiary entitled thereto, provided that if such death occurs after an application for compensation has been filed with the commission, the proceeding shall not abate, but may be continued by the legal representative of the decedent's estate. [L 1967, c 226, pt of §1; HRS §351-67; am L 1998, c 240, §5]

HRS §351-68 Rulemaking powers

351-68. Rulemaking powers In the performance of its functions, the commission may adopt, amend, and repeal rules and regulations, not inconsistent with this chapter, prescribing the procedures to be followed in the filing of applications and the proceedings under this chapter and such other matters as the commission deems appropriate. [L 1967, c 226, pt of §1; HRS §351-68; am L 1998, c 240, §5]

HRS §351-69 Commission staff

351-69. Commission staff (a) Supervisory, administrative, and clerical personnel necessary for the efficient functioning of the commission shall be appointed as provided in section 26-35 without regard to chapter 76, but subject to chapter 89, and provided that: (1) No position filled as of June 19, 2007 by an employee appointed pursuant to chapter 76 shall be affected by this [section]; and (2) Upon becoming vacant, any position filled as of June 19, 2007 by an employee appointed pursuant to chapter 76 shall be filled by an employee appointed without regard to chapter 76. (b) An executive director and an administrative assistant shall be appointed, without regard to chapter 76, for the proper administration and enforcement of this chapter. [L 1967, c 226, pt of §1; HRS §351-69; am L 1998, c 240, §5; am L 2001, c 176, §1; am L 2007, c 199, §2]

HRS §351-70 Annual report

351-70. Annual report The commission shall transmit annually to the governor and to the director of corrections and rehabilitation, at least thirty days prior to the convening of the legislature a report of its activities under this chapter including a brief description of the facts in each case, and the amount, if any, of compensation awarded, and the names of attorneys and health care providers where they are the applicants. The director of corrections and rehabilitation shall, within five days after the opening of the legislative session, transmit the report, together with a tabulation of the total amount of compensation awarded during the prior fiscal year and an estimate of the amount that is reasonably estimated to be required for the next fiscal year, and a legislative bill to appropriate funds for the crime victim compensation special fund for the next fiscal year. The commission shall provide upon request of the governor, the director of corrections and rehabilitation, or the legislature, the relevant data, including the names of all applicants for compensation, under this chapter. [L 1967, c 226, pt of §1; HRS §351-70; am L 1973, c 178, §2; am L 1974, c 204, §2; am L 1979, c 77, §1; am L 1989, c 211, §26 and c 251, §1; am L 1998, c 240, §§5, 7; am L 1999, c 18, §10; am L 2022, c 278, §29]

Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0351/HRS_0351-.htmFetched: 11/10/2026