§706-667  Young adult defendants.  (1) 
Defined.  A young adult defendant is a person convicted of a crime who, at the
time of the offense, is less than twenty-two years of age and who has not been
previously convicted of a felony as an adult or adjudicated as a juvenile for
an offense that would have constituted a felony had the young adult defendant
been an adult.



(2)  Specialized correctional treatment.  A
young adult defendant who is sentenced to a term of imprisonment exceeding
thirty days may be committed by the court to the custody of the department of
public safety and shall receive, as far as practicable, such special and
individualized correctional and rehabilitative treatment as may be appropriate
to the young adult defendant's needs.



(3)  Special term.  A young adult defendant
convicted of a felony, in lieu of any other sentence of imprisonment authorized
by this chapter, may be sentenced to a special indeterminate term of
imprisonment if the court is of the opinion that such special term is adequate
for the young adult defendant's correction and rehabilitation and will not
jeopardize the protection of the public.  When ordering a special indeterminate
term of imprisonment, the court shall impose the maximum length of
imprisonment, which shall be eight years for a class A felony, five years for a
class B felony, and four years for a class C felony.  The minimum length of
imprisonment shall be set by the Hawaii paroling authority in accordance with
section 706-669.  During this special indeterminate term, the young adult shall
be incarcerated separately from career criminals, when practicable.



This section shall not apply to the offenses of
murder or attempted murder. [L 1972, c 9, pt of §1; am L 1976, c 92, §8; am L
1980, c 295, §§2, 3; am L 1986, c 314, §44; am L 1987, c 338, §10; am L 1989, c
211, §8; gen ch 1993; am L 1997, c 318, §4; am L 2006, c 230, §25]



 



Cross References



 



  Immaturity excluding criminal conviction; transfer of
proceedings to family court, see §704-418.



 



COMMENTARY ON §706-667



 



  This section provides for specialized treatment for young
persons over whom family court jurisdiction has been waived and for those
persons under the age of 22 years who are not subject to the jurisdiction of
that court.



  It is clear that the age span encompassed in this section is
a period of formative years and, notwithstanding the fact that the defendants
are not subject to the jurisdiction of the family court, "[p]rudence and
humanity... argue for a specialized and concentrated effort in this area."[1]



  Subsection (2) recognizes that specialized and concentrated
effort includes penal institutions designed to meet the needs of young adult
defendants.  The Department of Social Services and Housing should have among
its various divisions, an agency which can provide the young adult defendant
with such "special and individualized correctional and rehabilitative
treatment as may be appropriate to his needs."  Subsection (2) provides
that, regardless of whether a special term is imposed pursuant to subsection
(3), when a young adult defendant is sentenced to imprisonment for more than 30
days (i.e., for a misdemeanor or felony) the young adult defendant may be
committed to the department of social services and housing for special
correctional and rehabilitative treatment.



  Subsection (3) provides for a special term of imprisonment
for young adult defendants convicted of a felony.  Once again, the Code adopts
a flexible approach in sentencing.  The court is not compelled to impose a
special term in the case of a convicted young adult.  It may, according to the
provisions of Part II of this Chapter, suspend the imposition of sentence or
sentence the defendant to probation.  If the court determines that imprisonment
is necessary, the court is free, within the limitations heretofore set forth,
to choose between the special term authorized by this section and the ordinary
and extended terms authorized by prior sections in this Part.  Subsection (3)
merely authorizes the employment of a special, more limited term of
imprisonment "if the court is of the opinion that such special term is
adequate for... [the defendant's] correction and rehabilitation and will not
jeopardize the protection of the public."  Assuming the court is satisfied
that this condition can be met, there seems no reason for not allowing the
court, if it chooses, to protect the young offender from the longer maxima
provided for felonies.



 



SUPPLEMENTAL COMMENTARY ON §706-667



 



  The Legislature in enacting the Code in 1972 changed
subsection (2) by making it discretionary with the court, rather than
mandatory, to commit the young adult defendant to the custody of the department
of social services and housing for specialized treatment.



  Act 295, Session Laws 1980, amended this section to establish
a more equitable and just system of sentencing young adults.  Conference
Committee Report No. 34-80 (42-80).  Subsection (1) was amended by changing the
definition of a young adult defendant so as to exclude repeat felony offenders
from the class of young persons entitled to specialized treatment.  Subsection
(3) was amended to provide for different terms of imprisonment depending upon
whether the offense involved is a class A, B, or C felony.  Subsection (3) was
also amended by the addition of an express provision that young adults be
incarcerated separately from career criminals when practicable.  Lastly, the
section was amended to provide that it does not apply to the offense of murder.



  Act 318, Session Laws 1997, amended this section by defining
a young adult defendant as a person convicted of a crime who, at the time of
sentencing, is less than twenty-two years of age.  The legislature found that
immediate action was necessary for the protection and safety of the community
from the growing number of minors who commit violent, serious, or multiple
felonies.  Senate Standing Committee Report No. 1561.



  Act 230, Session Laws 2006, amended this section to, among
other things, require that the young adult defendant be less than twenty-two
years at the time of the offense, rather than at the time of sentencing.



 



Case Notes



 



  Not repealed by implication by §706-606.1.  67 H. 46, 677
P.2d 463.



  Defendant did not fall within definition of a young adult
defendant.  71 H. 609, 801 P.2d 553.



  Reasonable inference could be drawn that sentencing court
considered special eight-year term prior to sentencing young adult defendant to
twenty-year term under §706-659.  73 H. 259, 831 P.2d 523.



  A sentencing court must afford a defendant his or her right
of presentence allocution before ruling on the applicability of the young adult
defendants statute.  90 H. 280, 978 P.2d 718.



  Defendant, who was age-eligible for sentencing under this
section, the young adult defendant statute, at the time defendant's deferred
acceptance of guilty plea was granted, but age-ineligible at the time it was
revoked, could not thereafter be sentenced as a young adult defendant;
specialized treatment under this section is afforded only to those who are less
than the prescribed twenty-two years of age at the time of sentencing.  93 H.
362, 3 P.3d 1239.



  Referred to:  56 H. 75, 527 P.2d 1269; 61 H. 1, 594 P.2d
1078.



 



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§706-667 Commentary:



 



1.  M.P.C., Tentative Draft No. 7, comments at 24 (1957).