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Hawaii Revised Statutes Division 5. Crimes and Criminal Proceedings § 706-606.7

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) If a person is convicted as an adult for an offense that the person committed when the person was a minor, in addition to any other factor that the court is required to consider before sentencing the person, the court shall consider the following factors:

(a) The person's exposure to an adverse childhood experience or early childhood trauma, including involvement in the child welfare or foster care systems;

(b) The person's status as a victim of human trafficking or abuse at the time of the offense;

(c) The differences between minor and adult offenders, including but not limited to the diminished culpability of minors as compared to that of adults and the typical characteristics of youth;

(d) The level of participation in the offense and the impact of peer or familial pressure;

(e) The person's intellectual capacity and any underlying mental health conditions;  and

(f) Any other factors the court deems relevant.

(2) Notwithstanding any other provision of law, after considering the factors set forth in subsection (1), the court may, in its discretion, reduce any mandatory minimum period of incarceration or depart from any mandatory sentencing enhancement that the person is required to serve if the court determines that the reduction or departure is warranted given the person's age, trauma history, and prospects for rehabilitation.

(3) For the purposes of this section, “minor” means any person under the age of eighteen years.

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Cite this article: FindLaw.com - Hawaii Revised Statutes Division 5. Crimes and Criminal Proceedings § 706-606.7 - last updated January 01, 2025 | https://codes.findlaw.com/hi/division-5-crimes-and-criminal-proceedings/hi-rev-st-sect-706-606-7/

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