HAWAII
ADMINISTRATIVE RULES
DIRECTORY
TITLE 7
DEPARTMENT OF DEFENSE
Subtitle 1 Military Justice
Chapter
1 General Provisions
2 Nonjudicial Punishment
3 The Courts-Martial System
4 Courts-Martial Preparation and
Transmittal of Charge Sheet
(AGHI Form SJAG 2)
5 Pretrial Confinement and Other
Pre-Trial Actions
6 Convening Authority's Post-Trial
Actions
7 Procedures for Appeal
8 General Administrative Procedures
and Reports
9 General Article
Subtitle 2 Office of Veterans'
Services
Chapter
31 Services to Veterans
32 Hawaii State Veterans Cemetery
Rules of Practice and Procedure
Subtitle 1 Military Justice
Chapter 1
General Provisions
§7-1-1 General guidance
§7-1-2 Rules of procedure and evidence
§7-1-3 Forms
§7-1-4 Appointment of judge advocates
and legal officers
§7-1-5 Certification of trial and
defense counsel and law
officers
§7-1-6 Definitions
§7-1-7 Delegation of authority
§7-1-8 Rights during investigations
Chapter 2
Nonjudicial Punishment
§7-2-1 General provisions
§7-2-2 Offenses punishable under
section 124A-21, HRS
§7-2-3 Persons who may be punished
§7-2-4 Who may impose nonjudicial
punishment
§7-2-5 Authorized punishments
§7-2-6 Procedure generally
§7-2-7 Elements of offenses
§7-2-8 Evidence required
§7-2-9 Notification
§7-2-10 Statement of the offense
§7-2-11 Right to demand trial by court-
martial
§7-2-12 Statement of maximum punishment
§7-2-13 Right to remain silent
§7-2-14 Member's election of rights;
time to reply
§7-2-15 Demand for trial by court-
martial
§7-2-16 Waiver of court-martial
§7-2-17 Conduct of proceedings
§7-2-18 Imposition of punishment;
maximum punishments
§7-2-19 Imposition of punishment;
informing the offender
§7-2-20 Fines
§7-2-21 Responsibilities after
imposition
§7-2-22 Suspension
§7-2-23 Mitigation
§7-2-24 Remission
§7-2-25 Setting aside
§7-2-26 Disposition of AGHI forms SJAG
1 and 1a
§7-2-27 Distribution of forms
§7-2-28 Right of appeal
§7-2-29 Election to appeal
§7-2-30 Submission of appeal
§7-2-31 Forwarding the appeal
§7-2-32 Action by reviewing authority
§7-2-33 Announcement of results
§7-2-34 Vacating suspensions
Chapter 3
The Courts-Martial System
§7-3-1 Objective of the system
§7-3-2 The courts-martial system
§7-3-3 Conviction as criminal
conviction
§7-3-4 Reviews
§7-3-5 Recognizing criminal conduct
§7-3-6 Presumption of innocence
§7-3-7 Self-incrimination and right to
counsel
§7-3-8 Appointment of legal personnel
§7-3-9 Sources of information
§7-3-10 Command responsibilities
Chapter 4
Courts-Martial Preparation and
Transmittal of Charge Sheet
(AGHI Form SJAG 2)
§7-4-1 Charge sheet generally
§7-4-2 Personal data
§7-4-3 Witnesses
§7-4-4 Documents and objects
§7-4-5 Data as to restraint
§7-4-6 Charges and specifications
§7-4-7 Preferral of charges
§7-4-8 Reading charges to the accused
§7-4-9 Nonjudicial punishment
§7-4-10 Letter of transmittal
§7-4-11 Inclosures
§7-4-12 Original documents and physical
evidence
§7-4-13 Time limits
§7-4-14 Action upon receipt or
initiation of charges by
convening authority
§7-4-15 Action when charges are to be
referred for trial
§7-4-16 Action when charges are not to
be referred for trial
Chapter 5
Pretrial Confinement and Other
Pre-Trial Actions
§7-5-1 Apprehension; pre-trial
confinement
§7-5-2 Convening authority's role in
setting up the trial
§7-5-3 Action if accused objects to
trial by summary court-
martial
Chapter 6
Convening Authority's
Post-Trial Actions
§7-6-1 Deferral of sentences to
confinement
§7-6-2 Convening authority's action
§7-6-3 Suspension of sentences;
generally
§7-6-4 Partial suspension of sentence
§7-6-5 Length of suspension term
§7-6-6 Reserved
§7-6-7 Execution of confinement
§7-6-8 Mittimus when issued by a
presiding officer
§7-6-9 Mittimus when issued by
convening authority
§7-6-10 Disposition of fines
§7-6-11 Publication of results
§7-6-12 Distribution and filing of
charge sheet
§7-6-13 Vacating suspensions
Chapter 7
Procedures for Appeal
§7-7-1 Accused's appeal to the supreme
court of the State
§7-7-2 Record on appeal
Chapter 8
General Administrative Procedures
and Reports
§7-8-1 Forms of process
§7-8-2 Witnesses
§7-8-3 Court reporters and
interpreters
§7-8-4 Lesser included offenses
Chapter 9
General Article
§7-9-1 General article; generally
§7-9-2 Indecent assault
§7-9-3 Bribery and graft; asking,
accepting, or receiving
§7-9-4 Bribery and graft promising,
offering, or giving
§7-9-5 Correctional custody, escape
from
§7-9-6 Correctional custody; breach of
restraint during
§7-9-7 Disorderly, drunkenness, in
command, quarters, etc.,
under service discrediting
circumstances
§7-9-8 Disorderly, drunkenness;
incapacitating oneself for
performance of duties through
prior indulgence in
intoxicating liquors
§7-9-9 Drugs, wrongful possession
§7-9-10 Drugs; wrongful use or
distribution
§7-9-11 Drugs; wrongful introduction
into military unit, etc.
§7-9-12 Wrongful making, altering,
counterfeiting, tampering
with a pass
§7-9-13 Wrongful sale, gift, loan,
etc., of false or
unauthorized pass
§7-9-14 Wrongful use or possession of
valid pass, etc.
§7-9-15 False swearing
§7-9-16 Firearm, discharging; through
carelessness
§7-9-17 Discharging; wilfully, under
such circumstances as to
endanger life
§7-9-18 Impersonating a commissioned
warrant, noncommissioned, or
petty officer, or an agent or
official
§7-9-19 Indecent exposure
§7-9-20 Obstructing justice
§7-9-21 Perjury, statutory
§7-9-22 Perjury, subordination
§7-9-23 Public record, altering,
concealing, removing,
mutilating, obliterating, or
destroying
§7-9-24 Refusing, wrongfully, to
testify
§7-9-25 Restriction, breaking
§7-9-26 Sentinel, lookout, offenses
against or by (disrespect to)
§7-9-27 Sentinel, lookout, offenses
against or by (loitering)
§7-9-28 Stolen property, knowingly
receiving, buying, concealing
§7-9-29 Threat, communicating
§7-9-30 Unclean accouterment, arms, or
uniform
§7-9-31 Uniform, unclean, improper,
appearing in
§7-9-32 Unlawful entry
§7-9-33 Wearing unauthorized insignia,
decoration, badge, ribbon or
lapel button
Subtitle 2 Office of Veterans' Services
Chapter 31
Services to Veterans
§7-31-1 Definitions
§7-31-2 Eligibility requirements for
service
§7-31-3 Geographic areas of service
§7-31-4 Scope of services to veterans
§7-31-4.1 Special housing for disabled
veterans
§7-31-4.2 World War II (WW II) Filipino
veterans burial grant
program (VBGP)
§7-31-5 Authorization for service
§7-31-6 Termination of service
Chapter 32
Hawaii State Veterans Cemetery
Rules of Practice and Procedure
Subchapter 1 General Provisions
§7-32-1 Purpose
§7-32-2 Definitions
§7-32-3 Authority, supervision
§7-32-4 Hours
§7-32-5 Visitors
§7-32-6 Traffic control
§7-32-7 Fee structure
§7-32-8 Flags
§7-32-9 Floral, decorative, and
commemorative objects
§7-32-10 Memorialization
§7-32-11 Gifts, devises, or bequests
§7-32-12 Public information and public
records
§7-32-13 Corrections
Subchapter 2 Eligibility
§7-32-14 Eligibility
§7-32-15 Persons eligible for interment
or inurnment
Subchapter 3 Operations
§7-32-16 Interment, inurnment
§7-32-17 Disinterment
§7-32-18 Directed exhumation
Table of Contents