§353-11  Access to correctional facilities
and records; instituting of inquiries and securing information.  (a)  The
Hawaii paroling authority and every member thereof and the director, at all
times, shall have free access to all correctional facilities throughout the
State, wherein persons convicted of crime are confined, and to all records and
books kept in connection therewith, and may institute inquiries about any
committed person whether confined or on parole.



All circuit judges, district judges, prosecuting
attorneys, sheriffs, police officers, and other court and corrections officials
and employees shall furnish, when called upon by the paroling authority or
director, all information that may be possessed concerning any committed
person.



(b)  Upon the refusal of any person in charge
of any such correctional facility to give free access thereto or to any records
or books kept in connection therewith, or of any such officer, district judge,
sheriff, official, or employee to furnish such information, the paroling
authority or director may make informal application in writing to any circuit
court, reciting the facts and requesting an order directing the person
concerned to give such access, or furnish such information and the court, after
such reasonable notice to the person as it shall direct, shall proceed to hear
the application and shall make such order as may appear proper.  In case of the
refusal of a circuit judge to furnish information as is required by this
section, the paroling authority or director may apply to the intermediate
appellate court for relief in the same manner as in the case of an application
to a circuit court provided in this section.  The circuit courts and the
intermediate appellate court, subject to chapter 602, shall have jurisdiction
and all powers necessary for the purposes of this section.



(c)  In all investigations made by the paroling
authority or director and in all proceedings before it or the director, the
paroling authority and each member thereof and the director shall have the same
powers respecting administering oaths, compelling the attendance of witnesses,
and the production of documentary evidence and examining witnesses as are
possessed by circuit courts.  In case of disobedience by any person of any
order of the paroling authority or any member thereof or the director or of any
subpoena issued by it or the director or of the refusal of any witness to
testify to any matter regarding which the witness may be questioned lawfully,
any circuit judge, on application by the paroling authority or a member thereof
or the director, shall compel obedience as in case of disobedience of the
requirements of a subpoena issued from a circuit court or a refusal to testify
therein.  The fees and traveling expenses of witnesses shall be the same as are
allowed witnesses in the circuit court and shall be paid by the State on
vouchers approved by the director out of any appropriation or funds available
for the expenses of the department. [L 1987, c 338, pt of §3; am L 1989, c 211,
§10; am L 1990, c 281, §11; am L 2006, c 91, §3]