HAR §17-604.1-28

HAR §17-604.1-28. Deferred adjudication

Length: 216 wordsOfficial source

Cite as Haw. Code R. § 17-604.1-28

(a) The procedures in this section shall be used for cases in which a determination of guilt is not obtained from a court due to the accused having met the terms of a court order, or for cases which are not prosecuted due to the accused individual having met the terms of an agreement with the prosecuting attorney. (1) The department shall enter into an agreement with the state attorney general or, where necessary, with county prosecuting attorneys, which provides for advance written notifi- cation to the household member of the conse- quences of consenting to disqualification in cases of deferred adjudication. (2) The written notification provided for in paragraph (1) shall include, at a minimum: (A) A statement for the accused individual to sign that the accused individual understands the consequences of con- senting to disqualification, along with a statement that the head of household shall also sign the consent agreement if the accused individual is not the head of household, with an appropriately designated signature block; (B) A statement that consenting to disquali- fication shall result in disqualification and a reduction in benefits for the period of disqualification, even though the accused individual was not found guilty of civil or criminal misrepresentation or fraud; (C) A warning that the disqualification penalties for intentional program
HAR §17-604.1-28: HAR §17-604.1-28. Deferred adjudication | Justis AI