When the deferred guilty plea program does not apply

(a) This chapter shall not apply when: (1) The offense charged involves the intentional, knowing, reckless, or negligent killing of another person; (2) [Repeal and reenactment on June 30, 2026. L 2020, c 19, §15.] The offense charged is: (A) A felony that involves the intentional, knowing, or reckless bodily injury, substantial bodily injury, or serious bodily injury of another person; or (B) A misdemeanor or petty misdemeanor that carries a mandatory minimum sentence and that involves the intentional, knowing, or reckless bodily injury, substantial bodily injury, or serious bodily injury of another person; provided that the prohibition in this paragraph shall not apply to offenses described in section 709-906(18); (3) The offense charged involves a conspiracy or solicitation to intentionally, knowingly, or recklessly kill another person or to cause serious bodily injury to another person; (4) The offense charged is a class A felony; (5) The offense charged is nonprobationable; (6) The defendant has been convicted of any offense defined as a felony by the Hawaii Penal Code or has been convicted for any conduct that if perpetrated in this State would be punishable as a felony; (7) The defendant is found to be a law violator or delinquent child for the commission of any offense defined as a felony by the Hawaii Penal Code or for any conduct that if perpetrated in this State would constitute a felony; (8) The defendant has a prior conviction for a felony committed in any state, federal, or foreign jurisdiction; (9) A firearm was used in the commission of the offense charged; (10) The defendant is charged with the distribution of a dangerous, harmful, or detrimental drug to a minor; (11) The defendant has been charged with a felony offense and has been previously granted deferred acceptance of guilty plea or no contest plea for a prior offense, regardless of whether the period of deferral has already expired; (12) The defendant has been charged with a misdemeanor offense and has been previously granted deferred acceptance of guilty plea or no contest plea for a prior felony, misdemeanor, or petty misdemeanor for which the period of deferral has not yet expired; (13) [Repeal and reenactment on June 30, 2026. L 2020, c 19, §15.] The offense charged is: (A) Escape in the first degree; (B) Escape in the second degree; (C) Promoting prison contraband in the first degree; (D) Promoting prison contraband in the second degree; (E) Bail jumping in the first degree; (F) Bail jumping in the second degree; (G) Bribery; (H) Bribery of or by a witness; (I) Intimidating a witness; (J) Bribery of or by a juror; (K) Intimidating a juror; (L) Jury tampering; (M) Promoting prostitution; (N) Abuse of family or household member except as provided in paragraph (2) and section 709-906(18); (O) Sexual assault in the second degree; (P) Sexual assault in the third degree; (Q) A violation of an order issued pursuant to chapter 586; (R) Promoting child abuse in the second degree; (S) Promoting child abuse in the third degree; (T) Electronic enticement of a child in the first degree; (U) Electronic enticement of a child in the second degree; (V) Commercial sexual exploitation pursuant to section 712-1200.5; (W) Street prostitution and commercial sexual exploitation under section 712-1207(1)(b) or (2)(b); (X) Commercial sexual exploitation near schools or public parks under section 712-1209; (Y) Commercial sexual exploitation of a minor under section 712-1209.1; (Z) Habitual commercial sexual exploitation under section 712-1209.5; (AA) Violation of privacy in the first degree under section 711-1110.9; (BB) Violation of privacy in the second degree under section 711-1111(1)(d), (e), (f), (g), or (h); (CC) Habitually operating a vehicle under the influence of an intoxicant under section 291E-61.5(a); (DD) Promoting gambling in the first degree; or (EE) Promoting gambling in the second degree; (14) The defendant has been charged with: (A) Knowingly or intentionally falsifying any report required under part XIII of chapter 11, with the intent to circumvent the law or deceive the campaign spending commission; or (B) Violating section 11-352 or 11-353; or (15) The defendant holds a commercial driver's license and has been charged with violating a traffic control law, other than a parking law, in connection with the operation of any type of motor vehicle. (b) The court may adopt by rule other criteria for purposes of this section.