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