Title 38, Procedural And Supplementary Provisions

§831-1 Definition. In this chapter, "felony" means an offense that is punishable with imprisonment for a term which is in excess of one year. [L 1969, c 250, pt of §1; HRS §716-1; ren L 1972, c 9, pt of §1; am L 1975, c 14, §1]

§831-2 Rights lost. (a) A person sentenced for a felony, from the time of the person's sentence until the person's final discharge, may not: (1) Vote in an election, but if the defendant is placed on probation or the defendant is paroled after commitment to imprisonment, the defe…

§831-3 Rights retained by convicted person. Except as otherwise provided by law, a person convicted of a crime does not suffer civil death or corruption of blood or sustain loss of civil rights or forfeiture of estate or property, but retains all of the person's rights, political…

§831-3.1 Prior convictions; criminal records; noncriminal standards. (a) A person shall not be disqualified from public office or employment by the State or any of its branches, political subdivisions, or agencies except under section 831-2(c), or be disqualified to practice, pur…

§831-3.2 Expungement orders. (a) The attorney general, or the attorney general's duly authorized representative within the department of the attorney general, upon written application from a person arrested for, or charged with but not convicted of a crime, or found eligible for …

§831-4 Saving provisions. (a) This chapter does not affect the power of a court, otherwise given by law to impose sentence or to suspend imposition or execution of sentence on any conditions, or to impose conditions of probation, or the power of the Hawaii paroling authority to i…

§831-5 Certificate of discharge. (a) If the sentence was in this State, the order, certificate, or other instrument of discharge, given to a person sentenced for a felony upon the person's discharge after completion of service of the person's sentence or after service under proba…

§831-6 Uniformity of interpretation. This chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it. [L 1969, c 250, pt of §1; HRS §716-6; ren L 1972, c 9, pt of §1]

§831-7 Short title. This chapter may be cited as the Uniform Act on Status of Convicted Persons. [L 1969, c 250, pt of §1; HRS §716-7; ren L 1972, c 9, pt of §1]

§832-1 Definitions. Where appearing in this chapter, the term "governor" includes any person performing the functions of governor by authority of the laws of this State. The term "executive authority" includes the governor, and any person performing the functions of governor in a…

§832-10 Rights of accused person; application for writ of habeas corpus. No person arrested upon the warrant shall be delivered over to the agent whom the executive authority demanding him has appointed to receive him unless he shall first be taken before a judge of a court of re…

§832-11 Penalty. Any officer who delivers to the agent for extradition of the demanding state a person in the officer's custody under the governor's warrant, in wilful disobedience to section 832-10 shall be guilty of a misdemeanor and, on conviction, shall be fined not more than…

§832-12 Confinement in jail when necessary. The officer or persons executing the governor's warrant of arrest, or the agent of the demanding state to whom the prisoner may have been delivered may, when necessary, confine the prisoner in the jail of any county through which he may…

§832-13 Arrest prior to requisition. Whenever any person within this State is charged on the oath of any credible person before any judge of this State with the commission of any crime in any state and, except in cases arising under section 832-6, with having fled from justice, o…

§832-14 Arrest without a warrant. The arrest of a person may be lawfully made also by any peace officer or a private person, without a warrant upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment for…

§832-15 Commitment to await requisition; bail. If from the examination before the judge it appears that the person held is the person charged with having committed the crime alleged and, except in cases arising under section 832-6, that the person has fled from justice, the judge…

§832-16 Bail; in what cases; conditions of bond. Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, a judge in this State may admit the person arrested to …

§832-17 Extension of time of commitment; adjournment. If the accused is not arrested under warrant of the governor by the expiration of the time specified in the warrant or bond, a judge may discharge the accused or may recommit the accused for a further period not to exceed sixt…

§832-18 Forfeiture of bail. If the prisoner is admitted to bail, and fails to appear and surrender oneself according to the conditions of the prisoner's bond, the judge, by proper order, shall declare the bond forfeited and order the prisoner's immediate arrest without warrant if…

§832-19 Persons under criminal prosecution in this State at time of requisition. If a criminal prosecution has been instituted against such person under the laws of this State and is still pending, the governor, in the governor's discretion, either may surrender the person on dem…

§832-2 Fugitives from justice; duty of governor. Subject to this chapter, the provisions of the Constitution of the United States controlling, and any and all Acts of Congress enacted in pursuance thereof, it is the duty of the governor of this State to have arrested and delivere…

§832-20 Guilt or innocence of accused, when inquired into. The guilt or innocence of the accused as to the crime of which the accused is charged may not be inquired into by the governor or in any proceeding after the demand for extradition accompanied by a charge of crime in lega…

§832-21 Governor may recall warrant or issue alias. The governor may recall the governor's warrant of arrest or may issue another warrant whenever the governor deems proper. [L 1941, c 99, §21; RL 1945, §10651; RL 1955, §250-21; HRS §713-21; ren L 1972, c 9, pt of §1; gen ch 1985…

§832-22 Fugitives from this State; duty of governor. Whenever the governor of this State demands a person charged with crime or with escaping from confinement or breaking the terms of the person's bail, probation, or parole in this State, from the executive authority of any state…

§832-23 Application for issuance of requisition; by whom made; contents. When the return to this State of a person charged with crime in this State is required, the prosecuting attorney shall present to the governor his written application for a requisition for the return of the …

§832-24 Immunity from service of process in certain civil actions. A person brought into this State by, or after waiver of, extradition based on a criminal charge shall not be subject to service of personal process in civil actions arising out of the same facts as the criminal pr…

§832-25 Written waiver of extradition proceedings. (a) Any person arrested in this State charged with having committed any crime in any state or alleged to have escaped from confinement, or broken the terms of the person's bail, probation, or parole may waive the issuance and ser…

§832-26 Nonwaiver by this State. Nothing in this chapter shall be deemed to constitute a waiver by this State of its right, power, or privilege to try the demanded person for crime committed within this State, or of its right, power, or privilege to regain custody of the person b…

§832-27 No right of asylum; no immunity from other criminal prosecutions while in this State. After a person has been brought back to this State by or after waiver of extradition proceedings, the person may be tried in this State for other crimes which the person may be charged w…

§832-3 Form of demand. No demand for the extradition of a person charged with crime in any state shall be recognized by the governor unless in writing alleging, except in cases arising under section 832-6, that the accused was present in the demanding state at the time of the com…

§832-4 Governor may investigate case. When a demand is made upon the governor by the executive authority of any state for the surrender of a person so charged with crime, the governor may call upon the attorney general or any other prosecuting officer in this State to investigate…

§832-5 Extradition of persons imprisoned or awaiting trial in any state or who have left the demanding state under compulsion. When it is desired to have returned to this State a person charged in this State with a crime, and the person is imprisoned or is held under criminal pro…

§832-6 Extradition of persons not present in demanding state at time of commission of crime. The governor of this State may also surrender, on demand of the executive authority of any state, any person in this State charged in the state in the manner provided in section 832-3 wit…

§832-7 Issue of governor's warrant of arrest; its recitals. If the governor decides that the demand should be complied with, the governor shall sign a warrant of arrest, which shall be sealed with the great seal of the State, and be directed to any peace officer or other person w…

§832-8 Manner and place of execution. The warrant shall authorize the peace officer or other person to whom directed to arrest the accused at any time and any place where the accused may be found within this State and to command the aid of all peace officers or other persons in t…

§832-9 Authority of arresting officer. Every such peace officer or other person empowered to make the arrest, shall have the same authority, in arresting the accused, to command assistance therein, as peace officers have by law in the execution of any criminal process directed to…

§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 perso…

§833-2 Hearing and right to counsel. (a) The person whose removal is sought shall be brought before the district judge immediately upon arrest pursuant to the penal summons or warrant; whereupon the district judge shall set a time and place for hearing, and shall advise the perso…

§833-3 Order of return to demanding court. The prosecuting attorney shall appear at the hearing and report to the district judge the results of the prosecuting attorney's investigation. If the district judge finds that the affiant is a designated agent of the demanding court, jud…

§833-4 Costs and attorney fees. All costs shall be paid by the designated agent and reasonable attorneys fees shall be awarded to the person whose removal is sought, if an order authorizing the person's return to the custody of the demanding court, judge or magistrate is not issu…

§833-5 Uniformity of interpretation. This chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it. [L 1971, c 115, §6; HRS §713C-5; ren L 1972, c 9, pt of §1]

§833-6 Short title. This chapter may be cited as the Uniform Rendition of Accused Persons Act. [L 1971, c 115, §7; HRS §713C-6; ren L 1972, c 9, pt of §1]

§834-1 Agreement adopted. The Agreement on Detainers is hereby enacted into law and entered into by this State with all other jurisdictions legally joining therein substantially as follows: "The contracting States solemnly agree that: Article I The party states find that charges …

§834-2 Definition. The phrase "appropriate court" as used in the Agreement on Detainers shall, with reference to the courts of this State, mean the supreme court and the circuit courts. [L 1965, c 160, §2; Supp, §250A-2; HRS §714-2; ren L 1972, c 9, pt of §1]

§834-3 Cooperation by agencies. All courts, departments, agencies, officers, and employees of this State and its political subdivisions are hereby directed to enforce the Agreement on Detainers and to cooperate with one another and with other party states in enforcing the agreeme…

§834-4 Escape. Any person who escapes from lawful custody in another state while being held pursuant to the Agreement on Detainers may be charged with escape under chapter 740 and sentenced to a term of imprisonment not to exceed three years. [L 1965, c 160, §4; Supp, §250A-4; HR…