Hawaii Administrative Rules
Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL
Subtitle 5 - FORFEITURES
Chapter 51 - ADMINISTRATIVE ASSET FORFEITURE
Subchapter 3 - PETITIONS FOR REMISSION OR MITIGATION OF FORFEITURE; CLAIMS AND COST BONDS; AND CLAIMS AND IN FORMA PAUPERIS BONDS
Section 5-51-35 - When mitigation may be warranted
Current through August, 2024
If the attorney general, with sole discretion, determines that remission of subject property is not warranted, the attorney general may discretionally mitigate the forfeiture where the petitioner has not met the minimum requirements for remission but where there are other extenuating circumstances, as provided in section 712A-10(6), Hawaii Revised Statutes, indicating that some relief should be granted to avoid extreme hardship. Mitigation may also be granted where the minimum requirements for remission have been met but the overall circumstances are such that the attorney general determines that complete relief is not warranted. Mitigation shall take the form of a money penalty imposed upon the petitioner, which shall be deposited into the criminal defense fund established under section 712A-16, Hawaii Revised Statutes. In addition to the extenuating circumstances provided in section 712A-10(6), Hawaii Revised Statutes, the attorney general shall consider the following:
(1) Whether petitioner had any level of knowledge as set forth under section 5-51-33(2) herein, and if so, the degree of culpability attributed to petitioner based upon that level of knowledge; and
(2) Any extenuating circumstance, other than those identified in section 712A-10(6), Hawaii Revised Statutes, which the attorney general determines to be relevant, including the number of different extenuating circumstances present at the time of the alleged commission of the covered offense(s) and the degree to which each is present.
