reglab/housing_qa huggingface dataset:
HI Rev Stat § 803-50 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|803. Arrests, Search Warrants|803-50 REPEALED.

  §803-50 REPEALED. L 1984, c 91, §1.
HI Rev Stat § 804-1 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|804. Bail; Bond to Keep the Peace|804-1 Bail defined.

Law Journals and Reviews Risky Business: Assessing Dangerousness in Hawai €˜i. 24 UH L. Rev. 63 (2001).  §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 in the condition, and to abide by the judgment of the court. [PC 1869, c 50, §1; am L 1917, c 149, §1; RL 1925, §3977; RL 1935, §5430; RL 1945, §10731; RL 1955, §256-1; HRS §709-1; ren L 1972, c 9, pt of §1; am L 1980, c 50, §4; gen ch 1985; am L 1987, c 139, §4] Cross References  See Const. art. I, §12. Rules of Court  Proceedings following arrest, see HRPP rule 5(a).  Bail; bond, see HRPP rule 46. Case Notes  Right to bail is secured under specific provisions, rather than general constitutional provision relating to liberty. 9 H. 171 (1893).  See 36 H. 188, 192 (1942).
HI Rev Stat § 804-2 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|804. Bail; Bond to Keep the Peace|804-2 Unclaimed bail money.

 §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 presumed abandoned under chapter 523A. [L 1929, c 138, §1; RL 1935, §5431; RL 1945, §10732; am L 1949, c 323, §1; RL 1955, §256-2; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; HRS §709-2; ren L 1972, c 9, pt of §1; am L 2006, c 87, §1] Note  L 2006, c 87, §2 provides:  "SECTION 2. This Act [approved May 10, 2006] shall apply to all bail money held at the time of its enactment, or at any time thereafter." Case Notes  Cited: 36 H. 188, 193 (1942).
HI Rev Stat § 804-5 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|804. Bail; Bond to Keep the Peace|804-5 By whom allowed.

  §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. [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; am L 2019, c 179, §17] Rules of Court  Proceedings following arrest, see HRPP rule 5(a).  Bail; bond, see HRPP rule 46. Case Notes  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 (1993).  See 18 H. 500 (1907).
HI Rev Stat § 804-6 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|804. Bail; Bond to Keep the Peace|804-6 Bail bond after conviction.

  §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 defendant after conviction, and until the final determination of any subsequent proceedings in the cause. [L 1892, c 32, §4; RL 1925, §3981; RL 1935, §5435; RL 1945, §10736; RL 1955, §256-6; HRS §709-6; ren L 1972, c 9, pt of §1; gen ch 1985] Rules of Court  Bail; bond, see HRPP rule 46. Case Notes  Condition of bond; notice to principals. 19 H. 5 (1908).
HI Rev Stat § 804-7 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|804. Bail; Bond to Keep the Peace|804-7 Release after bail.

  §804-7 Release after bail. The judiciary, in consultation with the department of public safety 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 defendants who remain in the custody of the director of public safety. This program shall be made available to any defendant for whom a monetary amount of bail has been set by the police, other law enforcement agency, or the court. The judiciary may contract with a single vendor to administer the program. The vendor may charge users of the program a service fee. Upon posting of bail, the defendant shall be released from custody forthwith. [PC 1869, c 50, §4; RL 1925, §3982; RL 1935, §5436; RL 1945, §10737; RL 1955, §256-7; HRS §709-7; ren L 1972, c 9, pt of §1; am L 2019, c 179, §18]
HI Rev Stat § 804-7.2 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|804. Bail; Bond to Keep the Peace|804-7.2 Violations of conditions of release on bail, recognizance, or supervised release.

  §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 judicial officer named in section 804-5 shall issue a warrant directing the defendant be arrested and taken forthwith before the court of record for hearing.  (b) Upon verified application by a pretrial officer of the intake service center that a defendant has intentionally violated the conditions of release on bail, recognizance, or supervised release, the court may issue an order pertaining to bail to secure the defendant's appearance before the court or a warrant directing that the defendant be arrested and taken forthwith before the court of record for hearing.  (c) A law enforcement officer having reasonable grounds to believe that a released felony defendant has violated the conditions of release on bail, recognizance, or supervised release, may, where it would be impracticable to secure a warrant, arrest the defendant and take the defendant forthwith before the court of record. [L 1978, c 217, pt of §1; am L 1987, c 139, §2; am L 2016, c 231, §63]
HI Rev Stat § 804-7.3 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|804. Bail; Bond to Keep the Peace|804-7.3 Sanctions for violation of conditions of release on bail, recognizance, or supervised release.

  §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 may impose different or additional conditions upon defendant's release or revoke defendant's release on bail, recognizance, or supervised release. [L 1978, c 217, pt of §1; am L 1987, c 139, §3]
HI Rev Stat § 804-7.4 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|804. Bail; Bond to Keep the Peace|804-7.4 General conditions of release on bail.

  §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:  (1) The person shall not commit a federal, state or local offense during the period of release;  (2) The person shall appear for all court hearings unless notified by the person's attorney that the person's appearance is not required; and  (3) The person shall remain in the State of Hawaii unless approval is obtained from a court of competent jurisdiction to leave the jurisdiction of the court. [L 1987, c 139, §9(1); gen ch 1992]
HI Rev Stat § 804-7.5 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|804. Bail; Bond to Keep the Peace|804-7.5 Right to a prompt hearing; release or detention.

  §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 right to a prompt hearing concerning:  (1) Release or detention; and  (2) Whether any condition or combination of conditions will reasonably ensure:  (A) The defendant's appearance as required; and  (B) The safety of any other person and the community.  (c) At the hearing, the defendant shall have the right to be represented by counsel and, if financially unable to obtain representation, to have counsel appointed. The defendant shall be afforded an opportunity to testify at the hearing. The defendant and the prosecution shall both be afforded an opportunity to present information by proffer or otherwise.  (d) The rules concerning the admissibility of evidence in criminal trials shall not apply to the presentation and consideration of information at the hearing.  (e) The defendant may be detained pending completion of the hearing. [L 2019, c 179, §15]
HI Rev Stat § 804-8 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|804. Bail; Bond to Keep the Peace|804-8 No bail where wounding may terminate in death.

  §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 that death will ensue in consequence of the injury. In that case, the party shall be committed for further examination, until the consequences of the injury can be ascertained. [PC 1869, c 50, §5; RL 1925, §3983; RL 1935, §5437; RL 1945, §10738; RL 1955, §256-8; HRS §709-8; ren L 1972, c 9, pt of §1]
HI Rev Stat § 804-9 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|804. Bail; Bond to Keep the Peace|804-9 Amount.

  §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 defendant's financial ability to afford bail. The bail amount should be so determined as not to suffer the wealthy to escape by the payment of a pecuniary penalty, nor to render the privilege useless to the poor. PC 1869, c 50, §6; RL 1925, §3984; am imp L 1933, c 30, §1; RL 1935, §5438; RL 1945, §10739; RL 1955, §256-9; HRS §709-9; ren L 1972, c 9, pt of §1; am L 2019, c 179, §20 Cross References  See Const. art. I, §12. Case Notes  Section means no more than that bail shall be in a reasonable amount, considering the financial status of defendant and the possible punishment. 56 H. 447, 539 P.2d 1197 (1975).  No abuse of discretion in setting bail at $75 for person arrested for simple trespass. 64 H. 130, 637 P.2d 1105 (1981).  Since §804-5 provides chief of police or designee with independent authority and discretion to admit persons charged with misdemeanor offenses to bail in accordance with this section, 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 (1993).  Trial court abused its discretion by not tailoring bail to defendant's individual circumstances, pending appeal of defendant's conviction, where: (1) bail was initially set at $200 when defendant was facing the possibility of one year in jail, but trial court increased bail amount to $2,000 cash only after ultimately sentencing defendant to thirty days' imprisonment; (2) defendant was nineteen years of age and determined by trial court to be indigent; (3) trial court raised defendant's bail simply because defendant was a recent arrival to Hawaii; (4) the increase in bail was directly contradicted by trial court's comments that treatment for anger management, substance abuse, or mental health was not appropriate for defendant; (5) trial court apparently increased bail amount based on defendant's father's ability to pay; and (6) there was evidence on the record that trial court improperly used the maximum amount of the fine applicable to defendant to determine the amount of bail. 136 H. 471, 363 P.3d 319 (2015).  Cited: 76 H. 219, 873 P.2d 98 (1994).
HI Rev Stat § 804-9.5 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|804. Bail; Bond to Keep the Peace|804-9.5 Unsecured bail.

  §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 as described in section 804-11.5 for any remaining bail amount not covered by the unsecured financial bond, and subject to any other conditions of release that will reasonably assure the appearance of the defendant in court as required and protect the public.  (b) In the event that a defendant fails to appear in court as required or breaches any other condition of release, the court shall enter an order of forfeiture of the unsecured financial bond.  (c) In granting or denying unsecured bail, the court may consider:  (1) The defendant's:  (A) Employment status and history;  (B) Family relationships, specifically the nature and extent of those relationships;  (C) Past and present residences;  (D) Character and reputation;  (E) Ties to the community;  (F) Financial circumstances; and  (G) Prior criminal record, if any, and any prior failures to appear in court;  (2) The agreement of any person to assist the defendant to appear in court when required and to satisfy the conditions of release;  (3) The results of an empirical and validated pretrial risk assessment;  (4) The offense charged and any potential sentence; and  (5) Any other facts the court finds relevant to the defendant's likelihood to appear in court and satisfy the conditions of release. [L 2019, c 277, §1]
HI Rev Stat § 804-10 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|804. Bail; Bond to Keep the Peace|804-10 REPEALED.

  §804-10 REPEALED. L 1987, c 139, §7.
HI Rev Stat § 804-10.5 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|804. Bail; Bond to Keep the Peace|804-10.5 Sureties; qualification.

  §804-10.5 Sureties; qualification. (a) In determining the sufficiency of a surety or sureties, the court shall consider the surety's or sureties':  (1) Character;  (2) Reliability;  (3) Place of residence; and  (4) Financial and employment circumstances.  (b) No person shall be sufficient surety who:  (1) Has been convicted of perjury for submitting a false statement under section 804-11.5;  (2) Does not satisfy the requirements of section 804-11.5; or  (3) Does not satisfy the requirements of article 9A, chapter 431, if posting an insurance bond as defined in section 431:1-210(1). [L 1987, c 139, §9(2); am L 1993, c 181, §2; am L 2006, c 154, §46]
HI Rev Stat § 804-11 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|804. Bail; Bond to Keep the Peace|804-11 One surety sufficient; when.

  §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, §3987; RL 1935, §5441; RL 1945, §10741; RL 1955, §256-11; HRS §709-11; ren L 1972, c 9, pt of §1; gen ch 1985; am L 1987, c 139, §6; am L 2004, c 71, §2] Case Notes  Property ownership requirement not applicable to surety company. 26 H. 236 (1922).
HI Rev Stat § 804-12 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|804. Bail; Bond to Keep the Peace|804-12 Bond for minor.

  §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] Cross References  Minors, see §571-32(f).
HI Rev Stat § 804-13 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|804. Bail; Bond to Keep the Peace|804-13 Insufficient bail.

  §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 committed for trial. [PC 1869, c 50, §12; RL 1925, §3989; RL 1935, §5443; RL 1945, §10743; RL 1955, §256-13; HRS §709-13; ren L 1972, c 9, pt of §1; gen ch 1985]
HI Rev Stat § 804-14 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|804. Bail; Bond to Keep the Peace|804-14 Discharge of sureties.

  §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 1935, §5444; am L 1939, c 104, §7; am L 1943, c 62, §21 and c 64, §22; RL 1945, §10744; RL 1955, §256-14; HRS §709-14; ren L 1972, c 9, pt of §1; am L 1989, c 211, §10; am L 1990, c 281, §11] Case Notes  Where principal was surrendered, surety entitled to return of bond whether principal was actually surrendered by surety or police. 81 H. 324, 916 P.2d 1225 (1996).  Because §804-51 governs situations in which judgment of forfeiture has been entered, and such a judgment was entered against petitioner, §804-51 and not this section applied to recovery of the bail bond by petitioner. 131 H. 9, 313 P.3d 698 (2013).  Pursuant to §804-51, once the court forfeits a bail bond, this section is limited by the thirty-day search period contained within §804-51. 131 H. 9, 313 P.3d 698 (2013).
HI Rev Stat § 804-15 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|804. Bail; Bond to Keep the Peace|804-15 Recognizance.

  §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 without surety, at the magistrate's discretion, in a sum fixed by the magistrate, conditioned for the witness' appearance at the sitting of the court at which the accused is bound or committed to appear. If a witness refuses to sign the recognizance when required, the witness may be committed to jail by the order of the magistrate, and shall be confined until the witness is brought before the court to testify, or until the witness gives the recognizance. [PC 1869, c 50, §13; RL 1925, §3991; RL 1935, §5445; RL 1945, §10745; RL 1955, §256-15; HRS §709-15; ren L 1972, c 9, pt of §1; gen ch 1985] Rules of Court  Deposition of witness, see HRPP rule 15(a). Case Notes  Defendant cannot attack this section as unconstitutional; not error to decline to order sheriff to allow counsel for defense to have private interview with certain witnesses for prosecution who are in custody. 11 H. 293 (1898).
HI Rev Stat § 804-16 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|804. Bail; Bond to Keep the Peace|804-16 Bail bond, etc., deposited where.

  §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 charged, all the complaints, depositions, bail bonds, bonds for the appearance of witnesses, and other documents in the magistrate's possession relative to the accusation. [PC 1869, c 50, §15; RL 1925, §3992; RL 1935, §5446; RL 1945, §10746; RL 1955, §256-16; HRS §709-16; ren L 1972, c 9, pt of §1; gen ch 1985]
HI Rev Stat § 804-17 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|804. Bail; Bond to Keep the Peace|804-17 Prompt appearance and response; default.

  §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 promptly and respond thereto, their default shall be entered, and the entry shall be evidence of the breach of their appearance bonds or recognizances. [PC 1869, c 50, §16; RL 1925, §3993; RL 1935, §5447; RL 1945, §10747; RL 1955, §256-17; HRS §709-17; ren L 1972, c 9, pt of §1; am L 1981, c 62, §1] Case Notes  Action on bail bond properly brought in name of obligee though no longer sheriff. 19 H. 5 (1908).  No default when appearance is made before adjournment of court. 56 H. 203, 532 P.2d 663 (1975).
HI Rev Stat § 804-18 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|804. Bail; Bond to Keep the Peace|804-18 Witness, summary process for.

  §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 and give testimony and who has not attended at the time appointed. When so arrested, the witnesses may be also fined in any sum not exceeding $100 for their neglect, and shall remain in custody until they give their testimony and are discharged from further attendance, or until they give such security as shall satisfy the court, for their appearance to testify. [PC 1869, c 50, §17; RL 1925, §3994; RL 1935, §5448; am L 1939, c 104, §7; am L 1943, c 62, §21 and c 64, §22; RL 1945, §10748; RL 1955, §256-18; HRS §709-18; ren L 1972, c 9, pt of §1; gen ch 1985; am L 1989, c 211, §10; am L 1990, c 281, §11]
HI Rev Stat § 804-19 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|804. Bail; Bond to Keep the Peace|804-19 Times for appearance.

  §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. [PC 1869, c 50, §18; RL 1925, §3995; RL 1935, §5449; RL 1945, §10749; RL 1955, §256-19; HRS §709-19; ren L 1972, c 9, pt of §1]