Haw. Rev. Stat. § 804-5

Current through the 2024 Legislative Session

Section 804-5 - By whom allowed

In cases where the punishment for the offense charged may be imprisonment for life not subject to parole, or imprisonment for a term more than ten years with or without fine, a judge or justice of a court of record, including a district judge, shall be competent to admit the accused to bail, in conformity with sections 804-3 to 804-6. In all other cases, the accused may be so admitted to bail by any judge or justice of a court of record, including a district judge, and in cases, except under section 712-1207, where the punishment for the offense charged may not exceed two years' imprisonment with or without fine, the sheriff, the sheriff's deputy, the chief of police or any person named by the chief of police, or the sheriff of Kalawao, regardless of the circuit within which the alleged offense was committed, may admit the accused person to bail. The court shall impose conditions of release or bail that are the least restrictive conditions required to ensure the accused's appearance and to protect the public.

HRS § 804-5

Amended by L 2019, c 179,§ 17, eff. 1/1/2020.

L 1892, c 32, §3; RL 1925, §3980; am L 1931, c 231, §1; am L 1933, c 30, §1; RL 1935, §5434; RL 1945, §10735; RL 1955, § 256-5; am L 1957, c 282, §9; am L 1963, c 85, §3; HRS § 709-5; am L 1970, c 188, §39; ren L 1972, c 9, pt of §1; gen ch 1985; am L 1994, c 181, §1; am L 1998, c 149, §4

Rules of Court

See HRPP rules 5(a), 46.

Since this section provides chief of police or designee with independent authority and discretion to admit persons charged with misdemeanor offenses to bail in accordance with § 804-9, senior judge of family court lacked authority to issue a bail schedule divesting police of that authority and discretion. 75 H. 357, 861 P.2d 1205. See 18 H. 500. Prior law. Where accused, lawfully arrested, procures accused discharge by voluntarily making deposit of cash in lieu of bail without statutory authority, accused release is unlawful; accused cannot recover same after it has been paid into treasury. 22 H. 759.

Sheriff, etc., see § 26-14.6(f) .