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Hawaii

State Resource Guide

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The Post-Conviction Process

Click on the underlined links to view more information. 

To help you better use this state-by-state resource, here is a glossary of terms used throughout this site.

Post-Sentencing Review

Direct Appeal

State Post-Conviction Motions

Federal Habeas Corpus

Early Release Programs

Clemency

Victims have rights throughout this whole process. Click here to learn more.

A criminal case may not go through each stage included in this visual representation, or these stages may occur in a different order than they appear in this graphic. Additionally, some cases may go through these stages several times. Each case is unique, and this chart is intended only as a visual aid to help victims and survivors understand the post-sentencing process.

Post-Sentencing Review

After an individual accused of a crime has been convicted and sentenced, they may file motions in the trial court to challenge their conviction or sentence.
  • These can include motions to arrest the judgment, to withdraw the plea, to be resentenced, or for a new trial based on new evidence or problems with how the case has been handled.
  • Victims can receive information about post-trial motions from the County Attorney’s Office where the crime was prosecuted.

Direct Appeal

After any post-sentencing motions are decided by the court (or if no post-trial motions are filed), an individual convicted of a crime may ask a higher court to review the trial court’s and jury’s decisions. This is called a “direct appeal.”
  • On appeal, the court does not admit new evidence or call witnesses but instead reviews what happened in the trial court. If the convicted person pursues an appeal, they may ask to be released while it is pending.
  • The Appellate Division of the Prosecuting Attorney’s Office where the crime was prosecuted or the Appellate Division of the Hawaii Attorney General represents the State in direct appeal proceedings. For more information, victims can contact the Attorney General’s Office by phone at 808-586-1500. Victims can search for case information through the Hawai’i State Judiciary.

State Post-Conviction Motions

Post-conviction motions are requests to have the conviction or sentence reviewed that are filed after the direct appeal process has ended.
  • These motions can seek many outcomes, including invalidation of the conviction, shortening the amount of time the convicted person must spend in prison, or permission from the court for that individual to view or find additional information relevant to the case – such as new DNA testing.
  • The Appellate Division of the Prosecuting Attorney’s Office where the crime was prosecuted or the Appellate Division of the Hawaii Attorney General represents the State proceedings. For more information, victims can contact the Attorney General’s Office by phone at 808-586-1500.

Federal Habeas Corpus

After seeking post-conviction relief in state court, a person convicted under Hawaii law may go to federal court in a process called “habeas corpus.”
  • Relief in federal habeas corpus is available only in specific and rare circumstances. Issues often raised in federal habeas cases include claims that the convicted person had an inept attorney, claims that police or prosecutors violated their rights, hid evidence, or committed other misconduct.
  • The Appellate Division of the Hawaii Department of the Attorney General represents the State in federal habeas corpus proceedings.

Early Release Programs

These programs can include parole and medical parole.
  • If someone is sentenced to a term of imprisonment, they may be released from prison earlier than expected through several programs available in Hawaii, including parole and medical parole.
  • Victims can track the status of an incarcerated person through the Hawaii Statewide Automated Victim Information and Notification (SAVIN) system powered through VINE (Victim Information and Notification Everyday). For more information on SAVIN, victims can call 808-587-1356.

Clemency

In rare cases, the governor may grant the convicted person relief from their sentence or conviction.
  • The governor can grant clemency to people convicted under Hawaii law. The Director of the Department of Corrections and Rehabilitation and the Paroling Authority may help the governor in this process. In Hawaii, clemency typically takes one of three forms: a pardon (which forgives a conviction), a commutation (which shortens a person’s sentence), or a reprieve (which temporarily delays a person’s sentence).
  • For clemency notifications, victims can contact the Department of Corrections and Rehabilitation’s Victim/Witness Service by phone at (808) 768-7401.

Victims Rights
Post-Conviction

In Hawaii, victims have the right to:
  • Information about the final resolution of the case
  • Notification of major developments in felony cases*
  • Receive protection from threats or harm
  • Notification of the escape, furlough, work release, placement on supervised release, release on parole, release on appeal, and final release of the convicted individual*
  • Request restitution and apply for crime victim’s compensation
  • Prompt return of property that is no longer needed as evidence


* All rights to notification require the victim to provide and update their information with the District Attorney, Attorney General, Department of Corrections, and/or the Board of Paroles and Pardons.

Compensation

  • Restitution is a court-ordered payment from the defendant to the victim to account for the victim’s economic loss. Apart from court-ordered restitution, the Hawaii Crime Victim Compensation Program may reimburse victims for expenses related to the crime, such as healthcare, lost wages, and funeral expenses.
  • The Department of Public Safety (PSD), Restitution and Victim Services (RAVS) office provides information, support, and referral assistance to crime victims and the general public. RAVS is also responsible for processing court-ordered restitution deductions from inmates while they are incarcerated. RAVS works closely with the correctional facilities to ensure that restitution is sent timely to the Crime Victim Compensation Commission (CVCC) for payment to victims. Please contact RAVS at (808) 587-2550. Victims can access an application and more information for the Hawaii Crime Victim Compensation at https://hawaii.gov/psd/cvcc. Victims may also request an application from the Commission office at (808) 587-1143 or send an email to cvcc@hawaii.rr.com. Applications must be filed within 18 months of the crime, with limited exceptions.
Click here to learn more about the post-conviction process and victims’ rights in Hawaii

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