Title 38, Procedural And Supplementary Provisions

PART I. BAIL; RECOGNIZANCE §804-1 Bail defined. Bail, or the giving of bail, is the signing of the recognizance by the defendant and the defendant's surety or sureties, conditioned for the appearance of the defendant at the session of a court of competent jurisdiction to be named…

§804-10.5 Sureties; qualification. (a) In determining the sufficiency of a surety or sureties, the court shall consider the surety's or sureties': (b) No person shall be sufficient surety who:

§804-11 One surety sufficient; when. A single surety is sufficient, if the surety offers cash, a credit or debit card authorization, stocks, bonds, or real property in accordance with section 804-11.5; otherwise, there shall be two or more sureties. [PC 1869, c 50, §9; RL 1925, §…

§804-11.5 Cash, credit and debit card authorization, stocks, bonds, or real property as security for bail. (a) Any person who is permitted to give bail in accordance with section 804-7.4 may secure the bail bond by a deposit, with the clerk of the appropriate court, of: (b) If th…

§804-12 Bond for minor. When the person admitted to bail is a minor the bond shall notwithstanding be valid. [PC 1869, c 50, §11; RL 1925, §3988; RL 1935, §5442; RL 1945, §10742; RL 1955, §256-12; HRS §709-12; ren L 1972, c 9, pt of §1; am L 1980, c 195, §1]

§804-13 Insufficient bail. If, owing to mistake or misrepresentation, insufficient bail has been taken, or if the sureties afterwards become insufficient, the accused may be ordered to find sufficient sureties by any magistrate and on the accused's refusal, the accused may be com…

§804-14 Discharge of sureties. Those who may have become bail for anyone, may at any time discharge themselves, by surrendering him to the custody of any sheriff or chief of police or his authorized subordinate. [PC 1869, c 50, §14; RL 1925, §3990; am imp L 1933, c 30, §1; RL 193…

§804-15 Recognizance. In all cases where a magistrate either commits for trial or bail the accused, the magistrate may cause each of the witnesses who has been examined and has testified to any material fact or circumstance in the case to enter into a recognizance, with or withou…

§804-16 Bail bond, etc., deposited where. The magistrate who makes any commitment or lets any person to bail, shall without any unnecessary delay, at the farthest within ten days, transmit to the clerk or presiding judge of the court which has legal cognizance of the offense char…

§804-17 Prompt appearance and response; default. The names of all persons who have given bail or have become bound by recognizance to appear in any court, shall be called in open court on the day and at the time they are respectively bound to appear, and if they fail to appear pr…

§804-18 Witness, summary process for. Courts may also, on motion of the public prosecutor, order any sheriff or chief of police or the sheriff's or chief's authorized subordinate to arrest and bring before them any person who has been bound by recognizance or summoned to appear a…

§804-19 Times for appearance. Witnesses bound to appear, and persons let out on bail, shall not only attend on the day appointed in their respective obligations, but at such other times as the court shall direct, and the obligation continues until they are discharged by the court…

§804-2 Unclaimed bail money. All money deposited by way of bail or bond, in any proceeding before any court, that has not been declared forfeited, and not claimed within two years after the final disposition of the cause of action in which the money was deposited, shall be presum…

§804-3 Bailable offenses. (a) For purposes of this section, "serious crime" means murder or attempted murder in the first degree, murder or attempted murder in the second degree, or a class A or B felony, except forgery in the first degree and failing to render aid under section …

PART II. BOND TO KEEP THE PEACE §804-31 Offense against complainant, arrest. (a) A complaint may be made to any district judge that a person has threatened to commit an offense against the person or property of another. (b) When a complaint is made pursuant to subsection (a) the …

§804-32 Bond pending trial and upon appeal. When anyone arrested under section 804-31 is brought before the district judge, and a continuance of the trial upon the charge is granted, the district judge shall direct the accused to give a combined appearance and temporary peace bon…

§804-33 Trial; bond protecting complainant. (a) The judge before whom any person is brought under section 804-31 shall examine the complainant and witnesses in support of the complainant, under oath or affirmation, in the presence of the person complained of, in relation to any m…

§804-34 Bond not executed. If the bond is not executed according to the order of the district judge, the prisoner shall be committed to prison and shall remain in custody until the bond is so executed, such custody not to exceed the term for which the bond shall operate. The dist…

§804-35 Bond protecting others. If, from the nature of the evidence offered or from the demeanor of the prisoner, the district judge has reason to believe that the prisoner intends an offense against the person or property of any person who cannot be designated, the district judg…

§804-36 Term and renewal of bond. The bond shall be limited in its operation to a term not exceeding one year, the same to be fixed by the district judge, and at any time within thirty days of the expiration of the term, the complainant may renew the complainant's application, an…

§804-37 Offense in presence of district judge. Any district judge who is present when any offense accompanied with violence is committed, may, without any other proof, order the offender to be arrested, and compel the offender to give security in the manner above directed, to ref…

§804-38 Offense against other than complainant; arrest. Any person who knows or has reason to suspect that any offense against the person or property of another is intended to be committed, may apply to a district judge, who shall hear the proof, and if the district judge is conv…

§804-39 Bond in addition to conviction. When upon the conviction of a person for an offense, it appears from the character of the offender or the offender's conduct in committing the offense, that there is good reason to apprehend a repetition of that offense, or the commission o…

§804-4 When a matter of right. (a) If the charge is for an offense for which bail is allowable under section 804-3, the defendant may be admitted to bail before conviction as a matter of right and under the least restrictive conditions required to ensure the defendant's appearanc…

§804-40 Suit on bond. If the condition of any bond given under this part is forfeited, it shall be put in suit by the public prosecutor, who shall specify in the public prosecutor's petition in the action the offense which has caused the breach of the condition of the bond. [PC 1…

§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 com…

PART III. FORFEITURE §804-51 Procedure. Whenever the court, in any criminal cause, forfeits any bond or recognizance given in a criminal cause, the court shall immediately enter up judgment in favor of the State and against the principal or principals, surety or sureties, and sur…

§804-6 Bail bond after conviction. Unless otherwise ordered by the court the bail bond given by any defendant prior to the defendant's conviction, shall, in cases where bail after conviction is permitted either absolutely or by order of the court, be continued as the bail of the …

§804-62 Limit of compensation; penalty. (a) The amount of compensation which may be collected on any bail bond or bond to keep the peace by one or more persons acting as sureties thereon shall not exceed a one time only fee from five to fifteen per cent of the amount thereof, but…

§804-7 Release after bail. The judiciary, in consultation with the department of corrections and rehabilitation and the department of the attorney general, shall establish and administer a statewide program that permits the posting of monetary bail seven-days-a-week for defendant…

§804-7.1 Conditions of release on bail, recognizance, or supervised release. Upon a showing that there exists a danger that the defendant will commit a serious crime or will seek to intimidate witnesses, or will otherwise unlawfully interfere with the orderly administration of ju…

§804-7.2 Violations of conditions of release on bail, recognizance, or supervised release. (a) Upon verified application by the prosecuting attorney alleging that a defendant has intentionally violated the conditions of release on bail, recognizance, or supervised release, the ju…

§804-7.3 Sanctions for violation of conditions of release on bail, recognizance, or supervised release. After hearing, and upon finding that the defendant has intentionally violated reasonable conditions imposed on release on bail, recognizance, or supervised release, the court m…

[§804-7.4] General conditions of release on bail. Any person released on bail, recognizance, supervised release or conditional release shall be released subject to the following conditions:

[§804-7.5] Right to a prompt hearing; release or detention. (a) For the purposes of this section, "prompt hearing" means a hearing that occurs at the time of the defendant's arraignment, or as soon as practicable. (b) Upon formal charge and detention, a defendant shall have the r…

§804-8 No bail where wounding may terminate in death. Where the offense is the illegal infliction of a wound, or any other injury that may terminate in the death of the person injured, the magistrate or court cannot discharge the prisoner if it appears that there is a probability…

§804-9 Amount. The amount of bail rests in the discretion of the justice or judge or the officers named in section 804-5 and shall be set in a reasonable amount based upon all available information, including the offense alleged, the possible punishment upon conviction, and the d…

[§804-9.5] Unsecured bail. (a) The court may order the defendant released upon the execution of an unsecured financial bond for all or part of the bail amount by the defendant and any additional obligors as may be required by the court, upon the deposit of cash or other security …