Guidance on Enforcement of State Quarantines & Stay-at-Home Orders
Orders
.
A mandatory quarantine order may be imposed on someone who is COVID-19+. DOH must
obtain an ex parte quarantine order from the court, which requires the state to file a petition. To
date, no quarantine orders have been imposed on any person in the State of Hawai‘i.
A 2-week self-quarantine order (with exemptions) was imposed by the 2
nd
Supplementary
Proclamation, dated March 20
th
, 2020 (2
nd
Supp) on travelers entering the state, and by the 4
th
Supplementary Proclamation, dated March 31
st
, 2020 (4
th
Supp) on inter-island travel. Every
traveler receives a quarantine order upon arrival, which is imposed regardless of COVID-19 status.
The Third Supplementary Proclamation, dated March 23
rd
, 2020 (3
rd
Supp), framed the parameters
of the Stay-at-Home Restrictions. Stay-at-home restrictions apply regardless of COVID-19 status.
Violations
.
To address a violation of one of the above three orders, arrest is appropriate. Also, the following
criminal penalties apply:
Violation of an ex parte order for mandatory quarantine is a misdemeanor, as noticed in the order.
2
nd
Supp includes rules as well as notice that a violation of the rules is a misdemeanor, punishable
with a fine of up to $5000, imprisonment for not more than one year, or both.
3
rd
Supp violations have the same consequences as 2
nd
Supp violations.
4
th
Supp includes rules as well as notice that a violation of the rules has the same consequences as
2
nd
Supp violations.
2
nd
, 3
rd
, and 4
th
Supps were lawfully adopted, properly posted (including the publishing of rules), and
currently are in effect through 04/30/2020.
Quarantining a block, neighborhood or area. The Governor can quarantine an identified area under
his emergency powers set forth in §127A-13(1),
HRS, and can impose criminal penalties.
Traveler w/o lodging. There is no legal authority to seize travelers who arrive w/o lodging and to force
them onto a flight out of the state. The state can offer to pay for a traveler’s ticket back home but
cannot force such travel. In addition, the following actions can be taken:
2
nd
Supp rules require travelers to identify a self-quarantine location upon arrival. Travelers who do
not have a location to designate are in violation of the rules and can be arrested unless they return
home. Or, the State can designate a quarantine lodging and require travelers to assume all costs.
Enforcement
.
Sheriffs, DOCARE, Harbors, AG-Investigators comprise what the State currently calls SLEC. These
state law enforcement units have full authority to enforce state laws and work with county police
departments on specific enforcement actions in each county. Coordinated and organized deployment
of SLEC requires planning with the county police departments. Suggestions to improve enforcement
capability, such as routine sharing of information collected at airports with county police departments, is
welcome and implementation will be expedited
