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Fines and Fees

	State	Statute	Description/Statute Name	Statutory language	Amount	Level of offense	Mandatory	Imposed by	Delegation of authority
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. § 291-12	Inattention to driving	Whoever operates any vehicle negligently as to cause a collision with, or injury or damage to, as the case may be, any person, vehicle or other property shall be fined + See more not more than $500 or imprisoned not more than thirty days, or both, and may be subject to a surcharge of up to $100, which shall be deposited into the trauma system special fund.	$0 - $500 Possible additional $100 surcharge	All	No	Court	N/A
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. § 291C-12.6	Accidents involving bodily injury	(a) The driver of any vehicle involved in an accident resulting in bodily injury to any person shall immediately stop the vehicle at the scene of the accident or as + See more close thereto as possible but shall then forthwith return to and in every event shall remain at the scene of the accident until the driver has fulfilled the requirements of section 291C-14. Every such stop shall be made without obstructing traffic more than is necessary.(b) Any person who violates subsection (a) shall be guilty of a misdemeanor. (c) For any violation under this section, a surcharge of $100 shall be imposed, in addition to any other penalties, and shall be deposited into the neurotrauma special fund. (d) For any violation under this section, a surcharge of up to $100 may be imposed, in addition to other penalties, which shall be deposited into the trauma system special fund.	Two possible additional $100 surcharges	All	No	Court	N/A
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. § 291E-11(g)	BAC test fee	(g) Any person tested pursuant to this section who is convicted or has the person's license or privilege suspended or revoked pursuant to this chapter may be ordered to reimburse + See more the county for the cost of any blood or urine tests, or both, conducted pursuant to this section. If reimbursement is so ordered, the court or the director, as applicable, shall order the person to make restitution in a lump sum, or in a series of prorated installments, to the police department or other agency incurring the expense of the blood or urine test, or both.	$0.00 - $0	All	No	Court	N/A
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. § 291E-32	Criminal prosecution	(a) Criminal prosecution under section 291E-61 or 291E-61.5 may be commenced concurrently with administrative revocation proceedings under this part; provided that documentary and testimonial evidence provided by the respondent during + See more the administrative proceeding shall not be admissible against the respondent in any proceeding under section 291E-61 or 291E-61.5 arising out of the same occurrence.(b) When a person's license and privilege to operate a vehicle is revoked under this part and the person also is convicted of an offense under section 291E-61 or 291E-61.5 arising out of the same occurrence, the total period of revocation imposed in the two proceedings shall not exceed the longer period of revocation imposed in either proceeding. If the person is convicted under section 291E-61 or 291E-61.5 prior to completion of administrative proceedings, the person shall surrender the temporary permit issued under this part at the time of entry of a plea of guilty or no contest, entry of a verdict of guilty, or of sentencing, whichever occurs first.	$0.00 - $0	All	No	Court	N/A
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. § 291E-61.5	Habitually operating a vehicle under the influence of an intoxicant	(c) Habitually operating a vehicle while under the influence of an intoxicant is a class C felony.(d) For a conviction under this section, the sentence shall be either: (1) An indeterminate + See more term of imprisonment of five years; or (2) A term of probation of five years, with conditions to include: (A) Mandatory revocation of license and privilege to operate a vehicle for a period not less than one year but not more than five years; (B) Not less than ten days imprisonment, of which at least forty-eight hours shall be served consecutively; (C) Referral to a certified substance abuse counselor as provided in section 291E-61(d); (D) A surcharge of $25 to be deposited into the neurotrauma special fund; and (E) May be charged a surcharge of up to $50 to be deposited into the trauma system special fund if the court so orders.	$25 or $50 additional surcharge	All	No	Court	N/A
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. § 351-33	Award of compensation	The commission may order the payment of compensation under this part for:(1) Expenses actually and reasonably incurred during the period of the injury or death of the victim; (2) Loss to + See more the victim of earning power as a result of total or partial incapacity; (3) Pecuniary loss to the dependents of the deceased victim; (4) Pain and suffering to the victim; (5) Any other pecuniary loss directly resulting from the injury or death of the victim that the commission determines to be reasonable and proper; and (6) Expenses actually and reasonably incurred for mental health services in the case of a mass casualty incident.	$0.00 - $0	All	No	State/statewide agency	N/A
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. § 351-62.6	Compensation fee	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 + See more 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.	$30.00 - $505.00	All	Yes	Court	N/A
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. § 580-10	Restraining orders	(d) Whenever it is made to appear to the court after the filing of any complaint, that there are reasonable grounds to believe that a party thereto may inflict physical + See more abuse upon, threaten by words or conduct, or harass the other party, the court may issue a restraining order to prevent such physical abuse, threats, or harassment, and shall enjoy in respect thereof the powers pertaining to a court of equity. Where necessary, the order may require either or both of the parties involved to leave the marital residence during the period of the order, and may also restrain the party to whom it is directed from contacting, threatening, or physically abusing the children or other relative of the spouse who may be residing with that spouse at the time of the granting of the restraining order. The order may also restrain a party's agents, servants, employees, attorneys, or other persons in active concert or participation with the respective party.(1) A knowing or intentional violation of a restraining order issued pursuant to this section is a misdemeanor. A person convicted under this section shall undergo domestic violence intervention at any available domestic violence program as ordered by the court. The court additionally shall sentence a person convicted under this section as follows: (A) For a first conviction for violation of the restraining order, the person shall serve a mandatory minimum jail sentence of forty-eight hours and be fined not less than $150 nor more than $500; provided that the court shall not sentence a defendant to pay a fine unless the defendant is or will be able to pay the fine; and (B) For the second and any subsequent conviction for violation of the restraining order, the person shall serve a mandatory minimum jail sentence of thirty days and be fined not less than $250 nor more than $1,000; provided that the court shall not sentence a defendant to pay a fine unless the defendant is or will be able to pay the fine. Upon conviction and sentencing of the defendant, the court shall order that the defendant immediately be incarcerated to serve the mandatory minimum sentence imposed; provided that the defendant may be admitted to bail pending appeal pursuant to chapter 804. The court may stay the imposition of the sentence if special circumstances exist. The court may suspend any jail sentence, except for the mandatory sentences under subparagraphs (A) and (B), upon condition that the defendant remain alcohol and drug-free, conviction-free or complete court-ordered assessments or intervention. Nothing in this section shall be construed as limiting the discretion of the judge to impose additional sanctions authorized in sentencing for a misdemeanor offense. All remedies for the enforcement of judgments shall apply to this section. (2) Any law enforcement officer shall enforce a restraining order issued pursuant to this subsection, including lawfully ordering the restrained party to voluntarily leave for a three-hour cooling off period, or, with or without a warrant, where the law enforcement officer has reasonable grounds to believe that the restrained party has violated the restraining order, arresting the restrained party. (e) Any fines collected pursuant to subsection (d) shall be deposited into the spouse and child abuse special account established under section 601-3.6.	$150.00 - $1000.00	Misdemeanor	Yes	Court	N/A
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. § 586-11(a)(1)	First Violation of an order for protection	(a) Whenever an order for protection is granted pursuant to this chapter, a respondent or person to be restrained who knowingly or intentionally violates the order for protection is guilty + See more of a misdemeanor. A person convicted under this section shall undergo domestic violence intervention at any available domestic violence program as ordered by the court. The court additionally shall sentence a person convicted under this section as follows:(1) For a first conviction for violation of the order for protection: (A) That is in the nature of non-domestic abuse, the person may be sentenced to a jail sentence of forty-eight hours and be fined not more than $150; provided that the court shall not sentence a defendant to pay a fine unless the defendant is or will be able to pay the fine; (B) That is in the nature of domestic abuse, the person shall be sentenced to a mandatory minimum jail sentence of not less than forty-eight hours and be fined not less than $150 nor more than $500; provided that the court shall not sentence a defendant to pay a fine unless the defendant is or will be able to pay the fine	$150.00 - $150.00	Misdemeanor	No	Court	N/A
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. § 586-11(a)(2)	Violation of an order for protection	(a) Whenever an order for protection is granted pursuant to this chapter, a respondent or person to be restrained who knowingly or intentionally violates the order for protection is guilty + See more of a misdemeanor. A person convicted under this section shall undergo domestic violence intervention at any available domestic violence program as ordered by the court. The court additionally shall sentence a person convicted under this section as follows: (2) For a second conviction for violation of the order for protection:(A) That is in the nature of non-domestic abuse, and occurs after a first conviction for violation of the same order that was in the nature of non-domestic abuse, the person shall be sentenced to a mandatory minimum jail sentence of not less than forty-eight hours and be fined not more than $250; provided that the court shall not sentence a defendant to pay a fine unless the defendant is or will be able to pay the fine; (B) That is in the nature of domestic abuse, and occurs after a first conviction for violation of the same order that was in the nature of domestic abuse, the person shall be sentenced to a mandatory minimum jail sentence of not less than thirty days and be fined not less than $250 nor more than $1,000; provided that the court shall not sentence a defendant to pay a fine unless the defendant is or will be able to pay the fine; (C) That is in the nature of non-domestic abuse, and occurs after a first conviction for violation of the same order that was in the nature of domestic abuse, the person shall be sentenced to a mandatory minimum jail sentence of not less than forty-eight hours and be fined not more than $250; provided that the court shall not sentence a defendant to pay a fine unless the defendant is or will be able to pay the fine; (D) That is in the nature of domestic abuse, and occurs after a first conviction for violation of the same order that is in the nature of non-domestic abuse, the person shall be sentenced to a mandatory minimum jail sentence of not less than forty-eight hours and be fined not more than $150; provided that the court shall not sentence a defendant to pay a fine unless the defendant is or will be able to pay the fine;	$250.00 - $1000.00	Misdemeanor	Yes	Court	N/A

Poverty Penalties and Poverty Traps

	State	Statute	Description/Statute Name	Statutory language	Type of poverty penalty or poverty trap	Level of offense	Mandatory
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. § 601-17.5	Collection of delinquent court-ordered payments	The judiciary may contract with a collection agency bonded under chapter 443B or with a licensed attorney to collect any delinquent court-ordered penalties, fines, restitution, sanctions, and court costs, including + See more juvenile monetary assessments. Any fees or costs associated with the collection efforts shall be added to the amount due and retained by the collection agency as its payment; provided that no fees or costs shall exceed fifty per cent of the amount collected.	Collection fee/interest	All	No
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. § 291C-171.5	Collection of fines and costs	(a) Unless discharged by payment or service of imprisonment in default of a fine, a fine may be collected in the same manner as a judgment in a civil action.(b) + See more Costs may be collected in the same manner as a judgment in a civil action, but shall not be deemed part of the penalty, and no person shall be imprisoned under this section in default of payment of costs. (c) The state attorney general may institute proceedings to collect the fine, and costs, including interest and attorney's fees, as a civil judgment in the court of appropriate jurisdiction.	Civil judgment	All	No
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. § 706-643(1)	Disposition of funds	(1) The defendant shall pay a fine or any installment thereof to the cashier or clerk of the district or circuit court. In the event of default in payment, the + See more clerk shall notify the prosecuting attorney and, if the defendant is on probation, the probation officer.	Other	All	Yes
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. § 291D-10	Restriction on driver's license and motor vehicle registration	(a) When the person issued a notice of traffic infraction not involving parking fails to pay the total amount of fines, fees, surcharges, costs, or monetary assessments that has been + See more ordered, the court shall cause an entry to be made in the driver's license record so as to prevent the person from acquiring or renewing the person's driver's license until the outstanding amount is paid or the notice of traffic infraction is otherwise disposed of pursuant to this chapter.(b) In all cases where the registered owner of a motor vehicle to which a notice of traffic infraction has been issued fails to pay the total amount of fines, fees, surcharges, costs, or monetary assessments that have been ordered, the court shall cause an entry to be made in the motor vehicle's record so as to prevent issuance or renewal of the motor vehicle's certificate of registration and transfer of title to the motor vehicle until the outstanding amount is paid or the notice of traffic infraction is otherwise disposed of pursuant to this chapter; provided that if the traffic infraction involves an unpaid parking violation, this subsection shall not prevent the issuance or renewal of the motor vehicle's certificate of registration and transfer of title to the motor vehicle to another person, in which case the clerk of the court shall issue a clearance to effectuate the registration and transfer of title; and provided further that in no event shall a clearance: (1) Absolve the registered owner of the motor vehicle at the time the parking violation was incurred from paying the fine; (2) Prevent any subsequent issuance or renewal of the motor vehicle's certificate of registration and transfer of title to the motor vehicle; or (3) Otherwise encumber the title of that motor vehicle.	Driver's license suspension/impoundment	Traffic	Yes
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. § 291D-9(c)	Adjudication of Traffic Infractions: Monetary assessments	(c) In addition to any monetary assessment imposed for a traffic infraction, the court may impose additional assessments for: (1) Failure to pay a monetary assessment by the scheduled date + See more of payment; or (2) The cost of service of a penal summons issued pursuant to this chapter.	Increased fine	Traffic	No
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. § 706-644(1)	Consequences of nonpayment; imprisonment for contumacious nonpayment; summary collection	(1) When a defendant is sentenced pursuant to section 706-605, granted a conditional discharge pursuant to section 712-1255, or granted a deferred plea pursuant to chapter 853, and the defendant + See more is ordered to pay a fee, fine, or restitution, whether as an independent order, as part of a judgment and sentence, or as a condition of probation or deferred plea, and the defendant defaults in the payment thereof or of any installment, the court, upon the motion of the prosecuting attorney or upon its own motion, may require the defendant to show cause why the defendant's default should not be treated as contumacious and may issue a summons or a warrant of arrest for the defendant's appearance. Unless the defendant shows that the defendant's default was not attributable to an intentional refusal to obey the order of the court, or to a failure on the defendant's part to make a good faith effort to obtain the funds required for the payment, the court shall find that the defendant's default was contumacious and may order the defendant committed until the fee, fine, restitution, or a specified part thereof is paid.	Incarceration	All	No
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. § 706-644(4)	Consequences of nonpayment; imprisonment for contumacious nonpayment; summary collection	(4) If it appears that the defendant's default in the payment of a fee, fine, or restitution is not contumacious, the court may make an order allowing the defendant additional + See more time for payment, reducing the amount of each installment, or revoking the fee, fine, or the unpaid portion thereof in whole or in part, or converting the unpaid portion of the fee or fine to community service. A defendant shall not be discharged from an order to pay restitution until the full amount of the restitution has actually been collected or accounted for.	Community service	All	No
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. § 706-644(5)	Consequences of nonpayment; imprisonment for contumacious nonpayment; summary collection	(5) Unless discharged by payment or, in the case of a fee or fine, service of imprisonment pursuant to subsection (3), an order to pay a fee, fine, or restitution, + See more whether as an independent order, as a part of a judgment and sentence, or as a condition of probation or deferred plea pursuant to chapter 853, may be collected in the same manner as a judgment in a civil action. The State or the victim named in the order may collect the restitution, including costs, interest, and attorney's fees, pursuant to section 706-646. The State may collect the fee or fine, including costs, interest, and attorney's fees pursuant to section 706-647.	Civil judgment	All	No
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. § 706-642(2)	Time and method of payment	(2) When a defendant sentenced to pay a fine is also sentenced to probation, the court may make the payment of the fine a condition of probation.	Condition or extension of supervision	All	No
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. § 706-644(3)	Consequences of nonpayment; imprisonment for contumacious nonpayment; summary collection	(3) The term of imprisonment for nonpayment of fee, fine, or restitution shall be specified in the order of commitment, and shall not exceed one day for each $25 of + See more the fee or fine, thirty days if the fee or fine was imposed upon conviction of a violation or a petty misdemeanor, or one year in any other case, whichever is the shorter period. A person committed for nonpayment of a fee or fine shall be given credit toward payment of the fee or fine for each day of imprisonment, at the rate of $25 per day.	Incarceration	All	No

Ability to Pay

	State	Statute	Description/Statute Name	Statutory language	Level of offense	Definition of ability to pay	Timeline	Burden of proof	Method of determination	Mandatory	Remedies if unable to pay
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. § 706-640(2)	Disposition of Criminal defendants: Authorized fines	The mandatory fines imposed by this subsection shall not be reduced except and only to the extent that payment of the fine prevents the defendant from making restitution to the + See more victim of the offense, or that the defendant's property, real or otherwise, has been forfeited under chapter 712A as a result of the same conviction for which the defendant is being fined under this subsection.	All	Not provided for	Not provided for	Not provided for	Not provided for	Yes	Fine reduced.
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. § 706-648	Probation services fee	(1) The court, when sentencing a defendant to probation or granting deferral of a plea under section 853-1, shall order the defendant to pay a probation services fee. The amount + See more of the fee shall be as follows:(a) $150, when the term of probation or period of deferral is for more than one year; or (b) $75, when the term of probation or period of deferral is for one year or less; provided that no fee shall be ordered when the court determines that the defendant is unable to pay the fee.	All	Not provided for	At enforcement of fine or fee	Not provided for	Not provided for	Yes	Fee not ordered.
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. § 706-646(3)	Victim restitution	(3) In ordering restitution, the court shall not consider the defendant's financial ability to make restitution in determining the amount of restitution to order. The court, however, shall consider the + See more defendant's financial ability to make restitution for the purpose of establishing the time and manner of payment. The court shall specify the time and manner in which restitution is to be paid. Restitution shall be a dollar amount that is sufficient to reimburse any victim fully for losses, including but not limited to:(a) Full value of stolen or damaged property, as determined by replacement costs of like property, or the actual or estimated cost of repair, if repair is possible; (b) Medical expenses; and (c) Funeral and burial expenses incurred as a result of the crime.	All	Not provided for	At enforcement of fine or fee	Not provided for	Determined by judge without hearing	No	Time and manner of payment may be ordered considering an individual's ability to pay.
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. § 846F-3	Internet crimes against children fee	(a) The court shall order every defendant to pay an internet crimes against children fee of up to $100 for each felony or misdemeanor conviction; provided that no fee shall + See more be ordered when the court determines that the defendant is unable to pay the fee. (b) When a defendant is also ordered to pay a fine, make restitution, pay a crime victim compensation fee, or pay other fees in addition to the internet crimes against children fee, payments by the defendant shall be made in the order of priority established under section 706-651. (c) The defendant shall pay the internet crimes against children fee to the clerk of the court. The fee shall be deposited with the director of finance who shall transmit the fee to the internet crimes against children special fund pursuant to section 846F-4.	All	Not provided for	Not provided for	Not provided for	Not provided for	Yes	Fee not ordered.
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. § 706-641	Criteria for imposing fines	(1) The court shall not sentence a defendant only to pay a fine, when any other disposition is authorized by law, except in misdemeanor and petty misdemeanor cases. (2) The court + See more shall not sentence a defendant to pay a fine in addition to a sentence of imprisonment or probation unless: (a) The defendant has derived a pecuniary gain from the crime; or (b) The court is of the opinion that a fine is specially adapted to the deterrence of the crime involved or to the correction of the defendant. (3) The court shall not sentence a defendant to pay a fine unless: (a) The defendant is or will be able to pay the fine; and (b) The fine will not prevent the defendant from making restitution to the victim of the offense. (4) In determining the amount and method of payment of a fine, the court shall take into account the financial resources of the defendant and the nature of the burden that its payment will impose.	All	The financial resources of the defendant and the nature of the burden that its payment will impose.	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	No	Court shall sentence defendant to pay a fine.
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. § 607-3	Court costs, waiver of prepayment, reduction or remission of	The judges of all the courts of the State shall have discretionary power to waive the prepayment of costs or to reduce or remit costs where, in special or extraordinary + See more cases, the cost of any suit, action, or proceeding may, to the judges, appear onerous.	All	Cost appears onerous.	Not provided for	Not provided for	Not provided for	No	Waive prepayment of costs.
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. § 802-7	Litigation expenses	The court may, upon a satisfactory showing that a criminal defendant is unable to pay for transcripts or witness fees and transportation, or for investigatory, expert or other services, and + See more upon a finding that the same are necessary for an adequate defense, direct that such expenses be paid from available court funds or waived, as the case may be; provided that where the defendant is represented by the state public defender or by other counsel appointed by the court except for such other counsel appointed by the court for reasons of conflict of interest on the part of the public defender, the public defender shall pay for or authorize payment for the same, if the public defender determines that the defendant is unable to pay for the same and that the same are necessary for an adequate defense, and if there is a dispute as to the financial ability of the defendant such dispute shall be resolved by the court. In cases where other counsel have been appointed by the court for reasons of conflict of interest, the court may, upon the requisite showing of inability to pay and a finding that such expenses are necessary for an adequate defense as set forth above, direct that such expenses be paid from available court funds or waived, as the case may be.	All	Not provided for	Before imposition of fine or fee	Burden on defendant to show inability to pay	Determined by judge after hearing	No	Fees paid from court funds or waived.
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. § 706-605(7)	Authorized disposition of convicted defendants	(7) The court shall order the defendant to make restitution for losses as provided in section 706-646. In ordering restitution, the court shall not consider the defendant's financial ability to + See more make restitution in determining the amount of restitution to order. The court, however, shall consider the defendant's financial ability to make restitution for the purpose of establishing the time and manner of payment.	All	Not provided for.	Before imposition of fine or fee	Not provided for	Not provided for	Yes	Time and manner of payment ordered in consideration of ability to pay.
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. § 706-605(6)	Authorized disposition of convicted defendants	(6) The court shall impose a compensation fee upon every person convicted of a criminal offense pursuant to section 351-62.6; provided that the court shall waive the imposition of a + See more compensation fee if it finds that the defendant is unable to pay the compensation fee. When a defendant is ordered to make payments in addition to the compensation fee, payments by the defendant shall be made in the order of priority established in section 706-651.	All	Not provided for	Before imposition of fine or fee	Not provided for	Determined by judge without hearing	Yes	Fee waiver.
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. § 706-650(5)	Drug demand reduction assessments; special fund	(5) If the court determines that the person has the ability to pay the monetary assessment and is eligible for probation or will not be sentenced to incarceration, unless otherwise required + See more by law, the court may order the person to undergo a substance abuse treatment program at the person’s expense. If the person undergoes a substance abuse treatment program at the person’s expense, the court may waive or reduce the amount of the monetary assessment. Upon a showing by the person that the person lacks the financial ability to pay all or part of the monetary assessment, the court may waive or reduce the amount of the monetary assessment.	All	Not provided for	Before imposition of fine or fee	Burden on defendant to show inability to pay	Determined by judge without hearing	No	Waive or reduce amount of fee.

Transparency

	State	Statute	Description/Statute Name	Statutory language	Type of obligation	Actor
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. § 601-3.6(d)	Spouse and child abuse special account; judiciary	(d) The judiciary, in coordination with the department of health, shall submit an annual report to the legislature, prior to the convening of each regular session, providing an accounting of + See more the receipts of and expenditures from the account.	Obligation to collect or record	Court
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. 706-643(2)	Disposition of Convicted Defendants: Disposition of funds	(2) All fines and other final payments received by a clerk or other officer of a court shall be accounted for, with the names of persons making payment, and the + See more amount and date thereof, being recorded. All such funds shall be deposited with the director of finance to the credit of the general fund of the State. With respect to fines and bail forfeitures that are proceeds of the wildlife revolving fund under section 183D-10.5, and fines that are proceeds of the compliance resolution fund under sections 26-9(o) and 431:2-410, the director of finance shall transmit the fines and forfeitures to the respective funds.	Obligation to collect or record	State courts

Collections Infrastructure

	State	Statute	Description/Statute Name	Statutory language	Who may collect
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. 706-641	Criteria for imposing fines	(1) The court shall not sentence a defendant only to pay a fine, when any other disposition is authorized by law, except in misdemeanor and petty misdemeanor cases. (2) The court + See more shall not sentence a defendant to pay a fine in addition to a sentence of imprisonment or probation unless: (a) The defendant has derived a pecuniary gain from the crime; or (b) The court is of the opinion that a fine is specially adapted to the deterrence of the crime involved or to the correction of the defendant. (3) The court shall not sentence a defendant to pay a fine unless: (a) The defendant is or will be able to pay the fine; and (b) The fine will not prevent the defendant from making restitution to the victim of the offense. (4) In determining the amount and method of payment of a fine, the court shall take into account the financial resources of the defendant and the nature of the burden that its payment will impose.	All courts
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. 601-17.5	Collection of delinquent court-ordered payments	The judiciary may contract with a collection agency bonded under chapter 443B or with a licensed attorney to collect any delinquent court-ordered penalties, fines, restitution, sanctions, and court costs, including + See more juvenile monetary assessments. Any fees or costs associated with the collection efforts shall be added to the amount due and retained by the collection agency as its payment; provided that no fees or costs shall exceed fifty per cent of the amount collected.	Private actors
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. § 706-642	Time and method of payment	(1) When a defendant is sentenced to pay a fine, the court may grant permission for the payment to be made within a specified period of time or in specified + See more installments. If no such permission is embodied in the sentence, the fine shall be payable forthwith by cash, check, or by a credit card approved by the court. (2) When a defendant sentenced to pay a fine is also sentenced to probation, the court may make the payment of the fine a condition of probation. (3) When a defendant sentenced to pay a fine is also ordered to make restitution or reparation to the victim or victims, or to the person or party who has incurred loss or damage because of the defendant's crime, the payment of restitution or reparation shall have priority over the payment of the fine, pursuant to section 706-651. No fine shall be collected until the restitution or reparation order has been satisfied.	All courts

Revenue Flow

	State	Statute	Description/Statute Name	Statutory language	Who receives the funding	Other beneficiaries	Level of offense
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. § 706-650.5(3)-(6)	Human trafficking victim services fund	(3) There is established within the state treasury a special fund to be known as the human trafficking victim services fund to be administered by the department of labor and + See more industrial relations. The disbursement of money from the human trafficking victim services fund shall be used to supplement programs, grants, or purchase of service contracts that support or provide comprehensive services to victims of labor trafficking crimes under part VIII of chapter 707, or victims of trafficking related to crimes under part I of chapter 712. Moneys in the special fund shall be used for new or existing programs, grants, or purchase of service contracts and shall not supplant any other moneys previously allocated to these programs, grants, or purchase of service contracts. (4) All fees paid and interest accrued on funds collected pursuant to this section shall be deposited into the human trafficking victim services fund. (5) When a defendant is ordered to make payments in addition to the human trafficking victim services fee authorized under subsection (2), payments by the defendant shall be made pursuant to section 706-651. (6) The department of labor and industrial relations shall submit to the legislature no later than twenty days prior to the convening of each regular session a written annual report that provides the following: (a) An accounting of the receipts of and expenditures from the human trafficking victim services fund; and (b) Any recommendations to improve support of and services to victims of labor trafficking crimes under part VIII of chapter 707, or victims of trafficking related to crimes under part I of chapter 712.	State/statewide agency	N/A	All
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. § 846F-3	Internet crimes against children fee	(a) The court shall order every defendant to pay an internet crimes against children fee of up to $100 for each felony or misdemeanor conviction; provided that no fee shall + See more be ordered when the court determines that the defendant is unable to pay the fee. (b) When a defendant is also ordered to pay a fine, make restitution, pay a crime victim compensation fee, or pay other fees in addition to the internet crimes against children fee, payments by the defendant shall be made in the order of priority established under section 706-651. (c) The defendant shall pay the internet crimes against children fee to the clerk of the court. The fee shall be deposited with the director of finance who shall transmit the fee to the internet crimes against children special fund pursuant to section 846F-4.	State/statewide agency	N/A	All
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. § 706-649	Probation services special fund	(1) There is established in the state treasury a special fund to be known as the probation services special fund. All probation services fees collected under section 706-648 shall be + See more deposited into this fund. (2) Moneys in the probation services special fund shall be used by the judiciary to: (a) Monitor and enforce compliance with the terms and conditions of probation and other supervision programs for defendants; and (b) Support other duties and activities related to the supervision of defendants."	State/statewide agency	N/A	All
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. § 706-650(3)-(4)	Drug demand reduction assessments; special fund	(3) There is established a special fund to be known as the drug demand reduction assessments special fund to be administered by the department of health. The disbursement of money from + See more the drug demand reduction assessments special fund shall be used to supplement substance abuse treatment and other substance abuse demand reduction programs. (4) All monetary assessments paid and interest accrued on funds collected pursuant to this section shall be deposited into the drug demand reduction assessments special fund.	State/statewide agency	N/A	All
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. § 607-4(a)	District court costs	(a) The fees prescribed by subsection (b) shall be paid to the clerk of the district court as costs of court by the person instituting the action or proceeding, or + See more offering the paper for filing, or causing the document to be issued or the services to be performed in the district court; provided that nothing in subsection (b) shall apply to cases of adults charged with commission of a crime, or minors referred to the district court by the family court; provided further that for the purposes of subsection (b), "judgment" includes an order from which an appeal lies; and provided further that the fees prescribed by subsection (b)(10) shall be deposited by the clerk of the district court into the judiciary computer system special fund pursuant to section 601-3.7. One-half of the fees collected pursuant to paragraphs (7), (8), and (9) of subsection (b) also shall be deposited into the fund.	Municipal court	State	All
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. § 601-3.6(a)-(c)	Spouse and child abuse special account; judiciary	(a) There is established within the state treasury a special fund to be known as the spouse and child abuse special account, and to be administered and expended by the + See more judiciary (b) The proceeds of the account shall be reserved for use by the judiciary for staff programs, and grants or purchases of service, consistent with chapters 42F and 103F, that support or provide spouse or child abuse intervention or prevention as authorized by law. These proceeds shall be used for new or existing programs and shall not supplant any other funds previously allocated to these programs. The account shall be kept separate and apart from all other funds in the treasury. (c) The account shall consist of fees remitted pursuant to sections 338-14.5 and 572-5, income tax remittances allocated under section 2(35-102.5), fines collected pursuant to sections [586-4(e)], 580-10, and 586-11, interest and investment earnings, grants, donations, and contributions from private or public sources. All realizations of the account shall be subject to the conditions specified in subsection (b).	Court	N/A	All
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. § 291C-171	Disposition of fines and forfeitures	(a) All fines and forfeitures collected upon conviction or upon the forfeiture of bail of any person charged with a violation of any section or provision of the state traffic + See more laws and all assessments collected relating to the commission of traffic infractions shall be paid to the director of finance of the State. (b) In addition to any monetary assessment imposed for a traffic infraction, the court may impose penalties on all outstanding traffic citations and judgments. The penalties shall be established pursuant to rules approved by the supreme court; provided that the amounts of the penalties shall be based upon a graduated scale that increases in proportion to the length of the delinquency. Any interest penalty imposed as provided in this section may be waived by the court for good cause. All penalties collected for such outstanding citations and judgments shall be paid to the director of finance of the State.	State/statewide agency	N/A	Traffic
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. § 601-3.7	Judiciary computer system special fund	(a) There is established in the state treasury a special fund to be known as the judiciary computer system special fund, which shall contain the following: (1) Moneys collected from + See more administrative fees pursuant to section 287-3(a); (2) Fees prescribed by the supreme court by rule of court for electronic document certification, electronic copies of documents, and for providing bulk access to electronic court records and compilations of data; and (3) Fees pursuant to sections 607-4(b)(10) and 607-5(c)(32). (b) The fund shall be used for: (1) Consulting and other related fees and expenses in the selection, implementation, programming, and subsequent upgrades in judiciary computer system for a statewide computer system; and (2) The purchase of hardware and related software for a judiciary computer system. (c) The fund may be used for other expenses relating to new technology in traffic enforcement and civil, criminal, and appellate case processing and management, including operations and maintenance. (d) Moneys in the judiciary computer system special fund shall not revert to the general fund.	State/statewide agency	N/A	All
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. § 706-643	Disposition of funds	(1) The defendant shall pay a fine or any installment thereof to the cashier or clerk of the district or circuit court. In the event of default in payment, the + See more clerk shall notify the prosecuting attorney and, if the defendant is on probation, the probation officer. (2) All fines and other final payments received by a clerk or other officer of a court shall be accounted for, with the names of persons making payment, and the amount and date thereof, being recorded. All such funds shall be deposited with the director of finance to the credit of the general fund of the State. With respect to fines and bail forfeitures that are proceeds of the wildlife revolving fund under section 183D-10.5, and fines that are proceeds of the compliance resolution fund under sections 26-9(o) and 431:2-410, the director of finance shall transmit the fines and forfeitures to the respective funds.	State/statewide agency	N/A	All
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. § 706-651	Payments by defendant; order of priority	When a defendant is ordered to make payments pursuant to chapters 351, 706, 846F, and 853, or as otherwise provided by law, payments shall be made in the following order + See more of priority: (1) Restitution; (2) Crime victims compensation fee; (3) Probation services fee; (4) Human trafficking victim services fee; (5) Other fees, including but not limited to internet crimes against children fee and drug demand reduction assessment fee; (6) DNA analysis monetary assessment; and (7) Fines.	State/statewide agency	N/A	Misdemeanor, Felony

Court Rules

	State	Citation	Description/Statute Name	Language from the rule	When does the rule apply?
Add to Dashboard + Create New	Hawaii	Hawaii Civil Traffic Rules (HCTR), Rule 17	Rule 17. Community Service in Lieu of Payment of Monetary Assessment	The court may permit the defendant to perform community service work in lieu of payment of the monetary assessment. Community service may be ordered at the defendant's request if the + See more court finds that the defendant does not have the ability to pay the monetary assessment. Community service may not be ordered in lieu of payment of costs and fees.Credits	Ability to pay
Add to Dashboard + Create New	Hawaii	District Court Rule 2.2	Costs and Fees to be Collected by the Clerk	The clerk shall collect costs and fees provided by Chapter 607 of the Hawai'i Revised Statutes except that the clerk shall collect the amounts specified herein as follows:1. For copies + See more of any document in any public record maintained by the clerk: a. In the clerk's office: $1.00 for the first page and $.50 for each additional page b. In an off-site storage location: $5.00 plus usual copying charge c. On microfilm: i. $5.00 when provided by the clerk plus $1.00 per page ii. $1.00 per page when obtained via self-service 2. For telefaxing of any document in any public record, the applicable charges plus: i. Within Hawai'i: $2.00 first page and $1.00 each additional page ii. Outside Hawai'i, within the United States (including American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands): $5.00 first page and $2.00 each additional page iii. Outside the United States: $10.00 first page and $5.00 each additional page 3. For copies of audio tapes, electronic copy of any document: $10.00 4. For copies of video tapes: cost of production 5. For any expedited or rush requests (copy(ies) provided within 4 hours if request received before noon): $10.00 plus all other applicable charges 6. Ex officio filing (in addition to the usual filing fee): $10.00 7. Certification under seal of a copy of a pleading or other document subsequent to the initial filing of the pleading or document, except the record on appeal: $2.00 8. For Traffic Court Record Report (non-parking; when a report is available): $1.00 for the first page and $.50 for each additional page 9. For Traffic Court Record Report with clerk's notes (non-parking; when a report is available): $1.00 for the first page and $.50 for each additional page. 10. Search of records by the clerk (when a request does not include a case number that is available through a self-search of case record indexes): $5.00. 11. Parties to a pending case shall not be charged for the first copy of the court order, opinion, judgment or any other item entered in the case by the court, whether provided on paper or electronically. 12. The clerk shall charge the actual cost of mailing paper copies of any item, provided that the parties to a pending case shall not be charged for the mailing of the first copy of a court order, opinion, or other item entered in the case by the court. 13. The court may waive costs and fees for good cause shown. In lieu of copying and mailing fees, the administrative judge may authorize the clerk to provide copies of orders, opinions, or other items to publishing companies in exchange for published materials for the benefit of the court or the judiciary.	Fines and fees

Structure of Courts

	State	Statute	Description/Statute Name	Statutory language	Court/legal body	Function
Add to Dashboard + Create New	Hawaii	JUDICIAL POWER	HI Const. Art. 6, § 1	The judicial power of the State shall be vested in one supreme court, one intermediate appellate court, circuit courts, district courts and in such other courts as the legislature may + See more from time to time establish. The several courts shall have original and appellate jurisdiction as provided by law and shall establish time limits for disposition of cases in accordance with their rules.	Supreme Court	Creation of the courts
Add to Dashboard + Create New	Hawaii	HI Const. Art. 6, § 1	JUDICIAL POWER	The judicial power of the State shall be vested in one supreme court, one intermediate appellate court, circuit courts, district courts and in such other courts as the legislature may + See more from time to time establish. The several courts shall have original and appellate jurisdiction as provided by law and shall establish time limits for disposition of cases in accordance with their rules.	Intermediate Appellate Court	Creation of the courts
Add to Dashboard + Create New	Hawaii	HI Const. Art. 6, § 1	JUDICIAL POWER	The judicial power of the State shall be vested in one supreme court, one intermediate appellate court, circuit courts, district courts and in such other courts as the legislature may + See more from time to time establish. The several courts shall have original and appellate jurisdiction as provided by law and shall establish time limits for disposition of cases in accordance with their rules.	Circuit courts	Creation of the courts
Add to Dashboard + Create New	Hawaii	HI Const. Art. 6, § 1	JUDICIAL POWER	The judicial power of the State shall be vested in one supreme court, one intermediate appellate court, circuit courts, district courts and in such other courts as the legislature may + See more from time to time establish. The several courts shall have original and appellate jurisdiction as provided by law and shall establish time limits for disposition of cases in accordance with their rules.	District courts	Creation of the courts
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. § 604-8	Criminal, misdemeanors, generally	(a) District courts shall have jurisdiction of, and their criminal jurisdiction is limited to, criminal offenses punishable by fine, or by imprisonment not exceeding one year whether with or without + See more fine. They shall not have jurisdiction over any offense for which the accused cannot be held to answer unless on a presentment or indictment of a grand jury.In any case cognizable by a district court under this section in which the accused has the right to a trial by jury in the first instance, the district court, upon demand by the accused for a trial by jury, shall not exercise jurisdiction over the case, but shall examine and discharge or commit for trial the accused as provided by law; provided that, if in any such case the accused does not demand a trial by jury on the date of arraignment or within ten days thereafter, the district court may exercise jurisdiction over the case, subject to the right of appeal as provided by law. (b) The district court shall have concurrent jurisdiction with the family court of any violation of an order issued pursuant to chapter 586 or any violation of section 709-904, 709-905, or 709-906 when multiple offenses are charged and at least one other offense is a criminal offense within the jurisdiction of the district courts.	Distict Court	Jurisdiction of the courts
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. 602-1	Supreme Court: How constituted	The supreme court, pursuant to section 2 of Article VI of the Constitution, shall consist of a chief justice and four associate justices.	Supreme Court	Creation of the courts
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. § 604-9	District Courts: Same; powers	District courts shall have power, subject to appeal according to law and except as otherwise provided in cases in which the accused has the right to and demands a trial + See more by jury in the first instance, to try without a jury, and to render judgment in all cases of criminal offenses coming within their respective jurisdictions.		Jurisdiction of the courts
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. 602-5	Supreme Court: Jurisdiction and powers; filing	(a) The supreme court shall have jurisdiction and powers as follows: (1) To hear and determine all questions of law, or of mixed law and fact, which are properly brought before + See more it by application for a writ of certiorari to the intermediate appellate court or by transfer as provided in this chapter; (2) To answer, in its discretion, any question of law reserved by a circuit court, the land court, or the tax appeal court, or any question or proposition of law certified to it by a federal district or appellate court if the supreme court shall so provide by rule; (3) To exercise original jurisdiction in all questions arising under writs directed to courts of inferior jurisdiction and returnable before the supreme court, or if the supreme court consents to receive the case arising under writs of mandamus directed to public officers to compel them to fulfill the duties of their offices; and such other original jurisdiction as may be expressly conferred by law; (4) To issue writs of habeas corpus, or orders to show cause as provided by chapter 660, returnable before the supreme court or a circuit court, and any justice may issue writs of habeas corpus or such orders to show cause, returnable as above stated; (5) To make or issue any order or writ necessary or appropriate in aid of its jurisdiction, and in such case, any justice may issue a writ or an order to show cause returnable before the supreme court; and (6) To make and award such judgments, decrees, orders and mandates, issue such executions and other processes, and do such other acts and take such other steps as may be necessary to carry into full effect the powers which are or shall be given to it by law or for the promotion of justice in matters pending before it. (b) All cases addressed to the jurisdiction of the supreme court or of the intermediate appellate court shall be filed with the clerk of the supreme court as provided by the rules of court. The clerk shall maintain the record of each case whether addressed to the jurisdiction of the supreme court or the jurisdiction of the intermediate appellate court.	Supreme Court	Jurisdiction of the courts
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. 602-51	Intermediate Appellate Court: How constituted	The intermediate appellate court shall consist of a chief judge and five associate judges. The chief judge, who shall be specifically selected, shall supervise the administrative duties of the court.	Appellate Court	Creation of the courts
Add to Dashboard + Create New	Hawaii	Haw. Rev. Stat. 602-57	Intermediate Appellate Court: Jurisdiction	Notwithstanding any other law to the contrary, the intermediate appellate court shall have jurisdiction, subject to transfer as provided in section 602-58 or review on application for a writ of + See more certiorari as provided in section 602-59: (1) To hear and determine appeals from any court or agency when appeals are allowed by law; (2) To entertain, in its discretion, any case submitted without suit when there is a question of law that could be the subject of a civil action or proceeding in the circuit court, or tax appeal court, and the parties agree upon the facts upon which the controversy depends; and (3) To make or issue any order or writ necessary or appropriate in the aid of its jurisdiction, and in such case, any judge may issue a writ or an order to show cause returnable before the court.	Appellate Court	Jurisdiction of the courts

Case Law

	State	Citation	Question	Brief Answer	Language from the opinion
Add to Dashboard + Create New	Hawaii	State v. Gaylord, 78 Haw. 127, 155, 890 P.2d 1167, 1195 (1995) holding modified by State v. Hussein, 122 Haw. 495, 229 P.3d 313 (2010)	Under state constitutional or statutory law, what are the minimum requirements for a constitutionally adequate ability-to-pay determination? Include any guidance about the substantive standards to apply, the burden of proof, + See more the sources of information that should be considered, and the timing of the determination (i.e. before imposition, before enforcement action, only if incarceration is threatened).	Must determine make finding that defendant can afford to pay and prescribe manner of payment	In addition, we hold that the sentencing court's restitution order failed to comply with Haw. Rev. Stat. § 706605(1)(d) and was illegally imposed. In disregard of Johnson, 68 Haw. at + See more 29798, 711 P.2d at 1299, the sentencing court failed to make any finding that $122,248.95 was an amount that Gaylord could afford to pay in restitution (indeed, as noted, the sentencing court viewed Gaylord's sources of restitution as highly unlikely and highly speculative and unreliable) and to prescribe the manner of payment. To compound the error, in its December 13, 1991 judgment of conviction, the sentencing court expressly and improperly delegated the judicial function of determining the manner of payment to an administrative bodythe Hawaii Paroling Authority. Johnson, 68 Haw. at 297, 711 P.2d at 1299; Murray, 63 Haw. at 25, 621 P.2d at 343.
Add to Dashboard + Create New	Hawaii	Hawaii Insurers Council v. Lingle, 120 Haw. 51, 59, 201 P.3d 564, 572 (2008)	Does the states separation of powers doctrine limit the ability of courts to impose or collect revenue?	Legislature allowed to delegate collection power to judiciary	The legislature may delegate the state's police power to state authorities to allow them to assess fees. Medeiros, 89 Hawaii at 366, 973 P.2d at 741. Generally, a fee is + See more exchanged for a service rendered or a benefit conferred, and the amount of the fee normally bears a relationship to the value of the service or benefit. Bolt v. City of Lansing, 459 Mich. 152, 587 N.W.2d 264, 269 (1998).
Add to Dashboard + Create New	Hawaii	State v. Medeiros, 89 Haw. 361, 367 (1999)	Other applicable caselaw		Accordingly, we hereby adopt a modified Emerson College test for determining whether a charge is a fee or a tax, in which we analyze whether the charge (1) applies to + See more the direct beneficiary of a particular service, (2) is allocated directly to defraying the costs of providing the service, and (3) is reasonably proportionate to the benefit received.

Attorney General Opinions

	State	Citation	Description/Statute Name	Question	Brief answer	Language from the opinion	When does the case apply?
Add to Dashboard + Create New	Hawaii	Hawaii A.G. Jan. 31, 1961	Hawaii-Attorney General opinion	Other applicable opinions		A statute authorizing the suspension of the execution of sentences or providing for probation in case of such suspension, is not unconstitutional, and does not encroach on the constitutional power + See more of the executive to grant reprieves and pardons, or to remit fines and forfeitures. 24 C. J.S., Criminal Law, Section 1618, page 173.