Haw. Rev. Stat. § 124B-80

Current through Chapter 253 of the 2024 Legislative Session
Section 124B-80 - Plea agreements
(a) At any time before the announcement of findings under section 124B-79, the convening authority and the accused may enter into a plea agreement with respect to the following matters:
(1) The manner in which the convening authority will dispose of one or more charges and specifications; and
(2) Limitations on the sentence that may be adjudged for one or more charges and specifications.
(b) The military judge of a general or special court-martial shall not participate in discussions between the parties concerning prospective terms and conditions of a plea agreement.
(c) The military judge of a general or special court-martial shall reject a plea agreement that:
(1) Contains a provision that has not been accepted by both parties;
(2) Contains a provision that is not understood by the accused;
(3) Contains a provision for a sentence that is less than the mandatory minimum sentence applicable to an offense prescribed by this chapter;
(4) Is prohibited by law; or
(5) Is contrary to or is inconsistent with rules adopted by the governor or adjutant general, or the Hawaii rules of penal procedure with respect to terms, conditions, or other aspects of plea agreements.
(d) Upon acceptance by the military judge of a general or special court-martial, a plea agreement shall bind the parties and the court-martial.

HRS § 124B-80

Added by L 2022, c 286,§ 2, eff. 1/1/2023.