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

All circuit judges, district judges, prosecutingattorneys, sheriffs, police officers, and other court and corrections officialsand employees shall furnish, when called upon by the paroling authority ordirector, all information that may be possessed concerning any committedperson.

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

(c)  In all investigations made by the parolingauthority or director and in all proceedings before it or the director, theparoling authority and each member thereof and the director shall have the samepowers respecting administering oaths, compelling the attendance of witnesses,and the production of documentary evidence and examining witnesses as arepossessed by circuit courts.  In case of disobedience by any person of anyorder of the paroling authority or any member thereof or the director or of anysubpoena issued by it or the director or of the refusal of any witness totestify to any matter regarding which the witness may be questioned lawfully,any circuit judge, on application by the paroling authority or a member thereofor the director, shall compel obedience as in case of disobedience of therequirements of a subpoena issued from a circuit court or a refusal to testifytherein.  The fees and traveling expenses of witnesses shall be the same as areallowed witnesses in the circuit court and shall be paid by the State onvouchers approved by the director out of any appropriation or funds availablefor 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]