Arrest of accused person illegally in State

HRS §833-1 — under Chapter 833.

HRS §833-1

§833-1 Arrest of accused person illegally in State. (a) If a person who has been charged with crime in another state and released from custody prior to final judgment, including the final disposition of any appeal, is alleged to have violated the terms and conditions of the person's release, and is present in this State, a designated agent of the court, judge, or magistrate which authorized the release may request the issuance of a penal summons or of a warrant for the arrest of the person and an order authorizing the person's return to the demanding court, judge, or magistrate. Before the warrant is issued, the designated agent must file with a district judge of this State the following documents:

(b) Upon initially determining that the affiant is a designated agent of the demanding court, judge, or magistrate, and that there is probable cause for believing that the person whose removal is sought has violated the terms or conditions of the person's release, the district judge shall issue a penal summons or a warrant to a law enforcement officer of this State for the person's arrest.

(c) The district judge shall notify the prosecuting attorney of the district judge's action and shall direct the prosecuting attorney to investigate the case to ascertain the validity of the affidavits and documents required by subsection (a) and the identity and authority of the affiant. [L 1971, c 115, §1; HRS §713C-1; ren L 1972, c 9, pt of §1; gen ch 1985]