Hawaii State Coalition Against Domestic Violence

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You the Jury: A
Recovered Memory
Case: Allegations of
Sexual Abuse

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Why Does He Do That: Inside the Minds of Angry and Controlling Men

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How to Stop a Stalker

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The Verbally Abusive
Relationship: How to
Recognize it and How
to Respond

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Ditch That Jerk : Dealing With Men Who Control and Hurt Women

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I Will Survive: The African-American Guide to Healing from Sexual Assault and Abuse

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The Battered Wife: How Christians Confront Family Violence

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But I Love Him:
Protecting Your Teen
Daughter from
Controlling, Abusive
Dating Relationships

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Sexual Assault: Will I
Ever Feel Okay Again?

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The Wounded Heart: Hope for Adult Victims of Childhood Sexual Abuse

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Controlling People: How to Recognize, Understand, and Deal With People Who Try to Control You

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Emotional Blackmail: When the People in Your Life Use Fear, Obligation, and Guilt to Manipulate You

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Adult Children of
Abusive Parents

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Victims No Longer: The Classic Guide for Men Recovering from Sexual Child Abuse

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Thou Shalt Not Be
Aware: Society’s Betrayal
of the Child

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When You Are the Partner of a Rape or Incest Survivor: A Workbook

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The Emotionally Abused Woman : Overcoming Destructive Patterns and Reclaiming Yourself

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It’s My Life Now : Starting Over After an Abusive Relationship

Hawaii Resources

- Hawaii Victim Bill of Rights
- Adult Victim Services Program
- Victim Impact Statements
- Restitution
- Crime Victim Compensation
- Victim/Witness Services Directory

- Section 801D-4, Hawaii Revised Statutes

a) Upon written request, victims and surviving immediate family members of crime shall have the following rights:
To be informed by the police and the prosecuting attorney of the final disposition of the case. If the crime charged is a felony, the victim or a surviving immediate family member shall be notified of major developments in the case and whenever the defendant or perpetrator is released from custody. The victim or a surviving immediate family member shall also be consulted and advised about plea bargaining by the prosecuting attorney;

To be notified by the prosecuting attorney if a court proceeding to which they have been subpoenaed will not proceed as scheduled;

To receive protection from threats or harm;

To be informed by the police, victim/witness counselor, or other criminal justice personnel, of financial assistance and other social services available as a result of being a witness to or a victim of crime, including information on how to apply for the assistance and services;

To be provided by the court, whenever possible, with a secure waiting area during court proceedings that does not require them to be in close proximity to defendants and families and friends of defendants;

To have any stolen or other personal property expeditiously returned by law enforcement agencies when the property is no longer needed as evidence. If feasible, all the property, except weapons, currency, contraband, property subject to evidentiary analysis, and property, the ownership of which is disputed, shall be returned to the person within ten days of being taken; and

To be informed by the Department of Public Safety of changes planned by the department in the custodial status of the offender that allows or results in the release of the offender into the community, including escape, furlough, work release, placement on supervised release, release on parole, release on bail bond, release on appeal bond, and final discharge at the end of the prison term.

b) Upon written request, the victim or the parent or guardian of a minor or incapacitated victim of Sexual Assault in the First or Second Degree and Sexual Assault in the Third Degree that involves sexual penetration by compulsion, shall have the right to be informed of the human immunodeficiency virus (HIV) status of the person who has been convicted or a juvenile who has been adjudicated under that section and to receive counseling regarding HIV. The testing shall be performed according to the protocols set forth in section 325-17 Quality assurance standards for HIV antibody testing. Upon request of the victim, or the parent or guardian of a minor or incapacitated victim, the Department of Health shall provide counseling.

c) Notwithstanding any law to the contrary, the department of public safety, the Hawaii paroling authority, the judiciary probation divisions and branches, and the department of the attorney general shall make good faith efforts to notify the victim of a crime, or surviving immediate family members of a victim, of income received by a person imprisoned for that crime when the imprisoned person has received a civil judgment that exceeds $10,000, a civil settlement that exceeds $10,000, or any income that exceeds $10,000 in one fiscal year, whenever the income is known to the agency, and, in addition, the department of public safety shall make good faith efforts to notify the victim of a crime or surviving immediate family members of a victim, whenever it is known to the agency that a person imprisoned for that crime has a financial account, of which the department of public safety is aware, of a value exceeding $10,000.

d) Notwithstanding any law to the contrary, payment of restitution and judgments to victims, or surviving immediate family members of a victim, shall be a precondition for release on parole for any imprisoned person whom the Hawaii paroling authority determines has the financial ability to make complete or partial restitution payments or complete or partial judgment payments to the victim of the crime, or to the surviving immediate family members of a victim.

e) Notwithstanding any law to the contrary, the State of Hawaii, any political subdivision of the State of Hawaii, any department or agency of the State, any officer of the State, and any employee of the State shall be immune from damages in any lawsuit based on noncompliance with subsection (c) or (d). Nothing in this subsection shall be construed to prevent disciplinary action against any employee of the State who intentionally fails to comply with subsection (c) or (d) after being warned that compliance is required.



After a felony offender pleads to, or is found guilty of a criminal offense, the Department of the Prosecuting Attorney sends the crime victim's name, address and telephone number to Adult Client Services. A pre-sentence investigation officer will contact the victim to provide information regarding:

1. The date and time of the offender's sentencing hearing.

2. How to submit a written victim impact statement or make a verbal statement to the court. The purpose of the statement is to inform the judge of the physical, psychological and/or financial affect(s) that the crime has had upon the victim.

3. How to file a claim for restitution. (Restitution is payment made to a victim for financial losses resulting directly from the harm or damage caused by the offender in the crime.)

4. How to file a claim for Crime Victim Compensation if applicable in the victim's case.

According to the Hawaii Revised Statutes, a victim of a felony offense, where the offender has been convicted, is entitled to certain rights. In all Circuit Court cases, the court shall afford a fair opportunity to the victim to be heard on the issue before imposing sentence. This not only provides information to the judge, but may also be beneficial to provide release and closure to the victims.

After a felony offender pleads to, or is found guilty of a criminal offense, the Department of the Prosecuting Attorney sends the name, address and telephone number of the crime victim(s) to Adult Probation. A pre-sentence probation officer contacts the victim to inform him/her of the sentencing date and time. In the event the sentencing hearing is continued, the victim will be notified.

The victim will be sent a form asking if he/she wishes to make a statement at the sentencing hearing. The purpose of the statement is to inform the judge of the physical, psychological and/or financial effect(s) that the crime has had upon the victim.

The victim may appear in person at the sentencing hearing to make a verbal statement or submit a written statement to be included in the pre-sentence report. In the case of a homicide in which the victim is unable to appear, the victim's family will be afforded the fair opportunity to be heard.

Appearing in Person to Make a Verbal Statement

Victims wishing to make a statement at the sentencing hearing should go to the designated courtroom and report to the bailiff on the day of the hearing.

Submitting a Written Statement

Written statements must be mailed to: Adult Client Services, First Circuit Court, 777 Punchbowl Street, Honolulu, Hawaii 96813.

- Restitution is payment made to a victim for financial losses resulting directly from the harm or damage caused by the criminal offender. For example, this may involve payment for material losses, or damages to property or medical expenses that were not covered by insurance or paid by other parties.

Victims should be aware that by statute and case law, a court may order restitution paid to a victim only in an amount the offender can afford to pay.

Requesting Restitution

When an offender pleads to, or is found guilty of a felony offense, the Department of the Prosecuting Attorney submits the name, address and phone number of the victim to Adult Client Services. A probation officer will then send a letter to the victim that asks whether the victim would like to request restitution.

It is important that victims respond to Adult Client Services within the two-week deadline.

As part of the requisition process, victims must provide documents such as receipts, invoices or estimates to verify their losses and expenses. A victim's request for restitution is included in a pre-sentence report submitted to the court prior to sentencing.

Qualifying Criteria for Restitution

Restitution is limited to loss, damage, or injury to a victim arising from the crime(s) for which the offender has either been adjudged guilty or responsible for causing. These include:

• Financial loss, including insurance claim deductible amounts.
  
• Property loss or damage, or the actual or estimated cost to repair damage(s).
  
• Medical expenses directly related to the criminal act, including psychiatric/psychological or other professional care and treatment, and when applicable, such other essential and reasonable expenses which arise as a direct result of care and treatment. For those medical and any other expenses that were incurred on behalf of the victim by a self-insured or non-profit agency, the agency shall be entitled to restitution. These agencies include the Department of Human Services, crime victim compensation commission, county agencies, etc.
  
• Non-compensated loss of wages due to a substantial disability to perform work as a direct result of the criminal act. Documentation must be provided showing inability to work due to the criminal act.
  
• Funeral and burial expenses, including inter and intrastate shipment and escort transportation costs, but not to include food/beverages or postage expenses.
  
• Any other restitution ordered by the court.

Restitution Determination

The basis for cash, property and vehicle loss will be determined as follows:
Cash: Shall be based on the actual loss incurred during the period of time covered by the indictment. Value of foreign currency shall be determined by the prevailing rate of exchange at the time restitution is determined.

Property loss or damage: Shall be based on replacement cost or the cost of any repair necessary to correct the damage. If the property is covered by insurance, loss is reduced by the amount of compensation received. When it is not possible to determine replacement cost of an item, the original purchase price shall be applied.

Automobile or vehicle: Valuation of privately owned or dealer-owned vehicles shall be based respectively on the retail and wholesale values set out in the Kelley Blue Book at the time of the offense. The victim's loss shall be reduced by insurance compensation received.

Pursuing Restitution Through Civil Enforcement

If the judge orders restitution to be paid to the victim as a stand-alone sanction, in addition to ordering restitution as a term and condition of probation, the offender will be responsible to pay the ordered amount and the victim may elect to pursue this amount through civil enforcement. In this event, the offender serves his/her criminal sentence, but will also be subject to civil collection methods, such as garnishment of wages or property liens for enforcement of the restitution order.

The victim or their attorney must file a special civil proceeding to enforce the stand-alone sanction of the criminal order to receive enforcement and collection powers in the same manner as a civil judgment. In some cases, this period of enforcement and collection extends beyond the criminal sentence period.

Receiving Restitution Payments

Victims will be notified at their last reported address if restitution is ordered. Victims must ensure that any changes to their addresses are reported to the offender's supervising probation officer. This is necessary to ensure payments reach the victims and that victims are timely advised of the status in the case.

Once the offender begins making restitution payments via cash, certified check or money order, the Court will issue a check to the victim(s).

The Crime Victim Compensation Commission was established on July 1, 1967 and is governed by Chapter 351 of the Hawaii Revised Statutes. For certain crimes, the Commission provides compensation to victims, dependents or parents of deceased victims, and private citizens who have suffered personal injury or property damage in the prevention of a crime or the apprehension of a criminal.

You may seek assistance if you were a victim or associated with a victim of one of the following crimes:

- Murder.
- Manslaughter.
- Negligent Homicide I and II.
- Negligent Injury I and II.
- Assault I-III.
- Sexual Assault I-IV.
- Kidnapping.
- Abuse of Family or Household Member.
- International Terrorism.

Qualifying Criteria for Compensation

An arrest must have been made or the crime must have been reported to law enforcement officials (police, naval investigative service, military police or Federal Bureau of Investigation) without undue delay, and you must qualify as one the persons described below.

A victim who suffered physical injury, or

A person responsible for the maintenance of the victim who has suffered monetary loss because of the victim's death or injury, or

A person engaged in business or educational activity at the scene of a mass casualty (mental health counseling expenses only), or

A person who has incurred hospital, medical, funeral, and burial expenses as the result of the deceased victim's death or injury, or

A dependent of a deceased victim, or

A Hawaii resident who is injured in a state without a victim compensation program, or

A Hawaii resident who is a victim of an act of international terrorism, or

A relative of a deceased victim of a mass casualty incident (mental health counseling services only), or

A witness to a mass casualty incident (mental health counseling services only).

If you are eligible, you may receive compensation for:

Medical and mental health counseling expenses that were not paid by insurance.

Lost earnings or support that was not reimbursed by other sources.

Funeral and burial expenses.

Pain and suffering (victim and "Good Samaritans" only).

Pecuniary (monetary) damages.

Property damage ("Good Samaritans" only).

Applying for Compensation

If you wish to seek compensation, you must file an application within 18 months after the date of injury, death, or property damage. Late applications will only be accepted for good cause.

The Commission will attempt to secure law enforcement reports. You will receive a written decision and order from the Commission either awarding compensation or denying your application.

Submit the following:

The original signed Application Form (PDF).

The original signed Authorization to Release Medical/mental Health Treatment Information Form (PDF). Make sure to complete one form for each treatment provider.

Proof to substantiate your claim (bills, receipts, insurance statements, and medical records).

If you are making a claim for lost wages:

Completely fill out and sign the Authorization to Release Employment Information Form (PDF) and submit it to your employer.

Submit proof to substantiate your claim for lost wages (pay stubs, Income Tax returns, if self-employed, and a medical disability certificate) to the Commission.

Frequently Asked Questions

Do I need an attorney?
No

How long will it take to process my application?
Case processing time varies. Processing time depends on how quickly the Commission receives police reports, medical records and other documentation.

How is the compensation process different than going to criminal or civil court?
The Commission does not have the authority to impose penal or pecuniary punishment on criminals. The Commission only provides monetary compensation to victims for injuries sustained as the result of a crime. Commission determinations do not substitute for or extinguish your rights to pursue criminal prosecution or civil action.

Do I give up the right to file a civil suit by applying for compensation?
No.

Can I apply for compensation if the offender has not been identified, charged or prosecuted?
Yes.

What if I live on a neighbor island?
The Commission is a statewide program.

How is the Commission different than the county Victim Witness Assistance programs?
The Commission works in partnership with the county Victim Witness Assistance Programs. The Commission is a statewide program and the Victim Witness Assistance programs are based in each county prosecutor's office. Victim Witness Assistance advocates support victims through the criminal justice system and refer crime victims to the Commission for financial assistance.

Child Protective Services

Oahu (808) 832-5300
Hawaii (808) 947-6565
Kauai (808) 274-3320
Maui (808) 244-6400
Molokai (808) 553-1703
Lanai (808) 565-7012

Crime Victim Compensation Commission

Oahu (808) 587-1143
Hawaii (808) 947-4000 ext. 71143
Kauai (808) 274-3141 ext. 71143
Maui (808) 984-2400 ext. 71143
Molokai 1-800-468-4644 ext. 71143
Lanai 1-800-468-4644 ext. 71143

Domestic Violence Clearinghouse and Legal Hotline

Oahu (808) 531-3771
Hawaii 1-800-690-6200
Kauai 1-800-690-6200
Maui (808) 242-8745
Molokai 1-800-690-6200
Lanai 1-800-690-6200

Domestic Violence Shelter Hotlines

Oahu: Shelter (808) 841-0822
Oahu: Military (808) 533-7125
Oahu: Windward (808) 528-0606
Hawaii: Hilo (808) 959-8864 (Abused Women and Children)
Hawaii: Kona: (808) 322-7233
Kauai: (808) 245-6362
Maui: (808) 579-9581
Molokai: (808) 567-6888
Lanai: (808) 579-9581

Drug Addiction Services Crisis Hotlines

Oahu (808) 538-0704
Hawaii: Hilo (808) 961-6822
Hawaii: Kona (808) 329-0499

Family Court (Temporary Restraining Orders)

Oahu (808) 538-5959
Hawaii: Hilo (808) 969-7798
Hawaii: Kona (808) 322-6090
Kauai (808) 245-6362
Maui (808) 242-5995
Molokai (808) 533-3202
Lanai (808) 242-4335 (Call collect)

Sex Abuse Center Hotlines

Oahu (808) 524-7273
Hawaii (808) 935-0677
Kauai (808) 245-4144
Maui, Molokai and Lanai 1-800-890-4318

Suicide and Crisis Hotlines

Oahu (808) 521-4555
Hawaii (808) 935-3393
Maui (808) 244-7407

Victim/Witness Assistance Offices

Oahu: (808) 523-4158
Hawaii: (808) 934-3306 Hilo
Hawaii: (808) 322-2552 Kona
Kauai: (808) 248-1898
Maui: (808) 270-7695

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