reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 831. Uniform Act on Status of Convicted Persons › 831-3 Rights retained by convicted person.

§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, personal, civil, and otherwise, including the right to hold public office or employment, to vote, to hold, receive, and transfer property, to enter into contracts, to sue and be sued, and to hold offices of private trust in accordance with law. [L 1969, c 250, pt of §1; HRS §716-3; ren L 1972, c 9, pt of §1; gen ch 1985; am L 1986, c 155, §2; am L 2003, c 95, §16(1)]
Case Notes
Felon can be employed as a state correction officer and can carry a gun. 402 F. Supp. 84 (1975).
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 831. Uniform Act on Status of Convicted Persons › 831-4 Saving provisions.

§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 impose conditions of parole.
(b) This chapter does not deprive or restrict the authority and powers of officials of a penal institution or other penal facility, otherwise provided by law, for the administration of the institution or facility or for the control of the conduct and conditions of confinement of a convicted person in their custody.
(c) This chapter does not affect the qualifications or disqualifications otherwise required or imposed by law for a designated office, public or private, or to serve as a juror or to vote or for any designated profession, trust, or position, or for any designated license or privilege conferred by public authority.
(d) This chapter does not affect the rights of others arising out of the conviction or out of the conduct on which the conviction is based and not dependent upon the doctrines of civil death, the loss of civil rights, the forfeiture of estate, or corruption of blood.
(e) This chapter does not affect laws governing rights of inheritance of a murderer from the murderer's victim. [L 1969, c 250, pt of §1; HRS §716-4; ren L 1972, c 9, pt of §1; am L 1976, c 92, §8; gen ch 1985]
Cross References
For rights of inheritance of a murderer from the murderer's victim, see §560:2-803.
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 831. Uniform Act on Status of Convicted Persons › 831-5 Certificate of discharge.

§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 probation or parole, shall state that the defendant's rights to vote and to hold any future public office, of which the defendant was deprived by this chapter, are thereby restored and that the defendant suffers no other disability by virtue of the defendant's conviction and sentence except as otherwise provided by this chapter. A copy of the order or other instrument of discharge shall be filed with the clerk of the court of conviction.
(b) If the sentence was in another state or in a federal court and the convicted person has similarly been discharged by the appropriate authorities, the director of social services of this State, upon application and proof of the discharge in such form as the director of social services may require, shall issue a certificate stating that such rights have been restored to the convicted person under the laws of this State.
(c) If another state having an act similar to this chapter issues its certificate of discharge to a convicted person stating that the defendant's rights have been restored, the rights of which the defendant was deprived in this State under this chapter are restored to the defendant in this State. [L 1969, c 250, pt of §1; HRS §716-5; ren L 1972, c 9, pt of §1; gen ch 1985]
Note
Director of social services renamed. L 1987, c 339, §2.
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 831. Uniform Act on Status of Convicted Persons › 831-6 Uniformity of interpretation.

§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]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 831. Uniform Act on Status of Convicted Persons › 831-7 Short title.

§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]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 832. Uniform Criminal Extradition Act › 832-1 Definitions.

§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 any state, and the term "state" includes any state other than this State, the District of Columbia, or a Territory, organized or unorganized, of the United States. The term "interstate" means between this State and any other state. The term "prosecuting officer" or "prosecuting attorney" includes the attorney general of this State, any county attorney or prosecuting attorney of any county of this State. The term "peace officer" includes any officer authorized to serve process in criminal proceedings. [L 1941, c 99, §1; RL 1945, §10631; RL 1955, §250-1; HRS §713-1; ren L 1972, c 9, pt of §1]
Cross References
Extradition of persons of unsound mind, see chapter 337.
Case Notes
The Federated States of Micronesia is a "territory of the United States" for purposes of extraditing criminals. 67 H. 259, 686 P.2d 16 (1984).
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 832. Uniform Criminal Extradition Act › 832-2 Fugitives from justice; duty of governor.

§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 delivered up to the executive authority of any state of the United States any person charged in that state with treason, felony, or other crime, who has fled from justice and is found in this State. [L 1941, c 99, §2; RL 1945, §10632; RL 1955, §250-2; HRS §713-2; ren L 1972, c 9, pt of §1]
Case Notes
See 5 H. 573 (1886).
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 832. Uniform Criminal Extradition Act › 832-3 Form of demand.

§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 commission of the alleged crime, and that thereafter the accused fled from the state, and accompanied by a copy of an indictment found or by information supported by affidavit in the state having jurisdiction of the crime, or by a copy of an affidavit made before a magistrate there, together with a copy of any warrant which was issued thereupon; or by a copy of a judgment of conviction or of a sentence imposed in execution thereof, together with a statement by the executive authority of the demanding state that the person claimed has escaped from confinement or has broken the terms of the person's bail, probation, or parole. The indictment, information, or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that state; and the copy of indictment, information, affidavit, judgment of conviction, or sentence must be authenticated by the executive authority making the demand. [L 1941, c 99, §3; RL 1945, §10633; RL 1955, §250-3; HRS §713-3; ren L 1972, c 9, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 832. Uniform Criminal Extradition Act › 832-4 Governor may investigate case.

§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 or assist in investigating the demand, and to report to the governor the situation and circumstances of the person so demanded, and whether the person ought to be surrendered. [L 1941, c 99, §4; RL 1945, §10634; RL 1955, §250-4; HRS §713-4; ren L 1972, c 9, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 832. Uniform Criminal Extradition Act › 832-5 Extradition of persons imprisoned or awaiting trial in any state or who have left the demanding state under compulsion.

§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 proceedings then pending against the person in any state, the governor of this State may agree with the executive authority of the state for the extradition of the person before the conclusion of the proceedings or the person's term of sentence in the state, upon condition that the person be returned to the state at the expense of this State or any county thereof as soon as the prosecution in this State is terminated.
The governor of this State may also surrender on demand of the executive authority of any state any person in this State who is charged in the manner provided in section 832-3 with having violated the laws of the state whose executive authority is making the demand, even though the person left the demanding state involuntarily. [L 1941, c 99, §5; RL 1945, §10635; RL 1955, §250-5; HRS §713-5; ren L 1972, c 9, pt of §1; gen ch 1985]
Case Notes
Re "due process" requirements for out-of-state transfers of prisoners. 387 F. Supp. 912 (1975), 396 F. Supp. 196 (1975).
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 832. Uniform Criminal Extradition Act › 832-6 Extradition of persons not present in demanding state at time of commission of crime.

§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 with committing an act in this State, or in another state, intentionally resulting in a crime in the state whose executive authority is making the demand, and this chapter not otherwise inconsistent, shall apply to such cases, even though the accused was not in that state at the time of the commission of the crime, and has not fled therefrom. [L 1941, c 99, §6; RL 1945, §10636; RL 1955, §250-6; HRS §713-6; ren L 1972, c 9, pt of §1]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 832. Uniform Criminal Extradition Act › 832-7 Issue of governor's warrant of arrest; its recitals.

§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 whom the governor may think fit to entrust with the execution thereof. The warrant must substantially recite the facts necessary to the validity of its issuance. [L 1941, c 99, §7; RL 1945, §10637; RL 1955, §250-7; HRS §713-7; ren L 1972, c 9, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 832. Uniform Criminal Extradition Act › 832-8 Manner and place of execution.

§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 the execution of the warrant, and to deliver the accused, subject to this chapter to the duly authorized agent of the demanding state. [L 1941, c 99, §8; RL 1945, §10638; RL 1955, §250-8; HRS §713-8; ren L 1972, c 9, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 832. Uniform Criminal Extradition Act › 832-9 Authority of arresting officer.

§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 them, with like penalties against those who refuse their assistance. [L 1941, c 99, §9; RL 1945, §10639; RL 1955, §250-9; HRS §713-9; ren L 1972, c 9, pt of §1]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 832. Uniform Criminal Extradition Act › 832-10 Rights of accused person; application for writ of habeas corpus.

§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 record in this State, who shall inform him of the demand made for his surrender and of the crime with which he is charged, and that he has the right to demand and procure legal counsel; and if the prisoner or his counsel states that he or they desire to test the legality of his arrest, the judge of the court of record shall fix a reasonable time to be allowed him within which to apply for a writ of habeas corpus. When the writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the prosecuting officer of the county in which the arrest is made and in which the accused is in custody, and to the agent of the demanding state. [L 1941, c 99, §10; RL 1945, §10640; RL 1955, §250-10; HRS §713-10; ren L 1972, c 9, pt of §1]
Case Notes
Scope of habeas corpus proceeding to resist extradition. 48 H. 508, 405 P.2d 309 (1965).
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 832. Uniform Criminal Extradition Act › 832-11 Penalty.

§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 $1,000 or be imprisoned not more than six months, or both. [L 1941, c 99, §11; RL 1945, §10641; RL 1955, §250-11; HRS §713-11; ren L 1972, c 9, pt of §1; gen ch 1985]
Cross References
Classification of offense and authorized punishment, see § §701-107, 706-640, 706-663.
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 832. Uniform Criminal Extradition Act › 832-12 Confinement in jail when necessary.

§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 pass; and the keeper of the jail must receive and safely keep the prisoner until the officer or person having charge of him is ready to proceed on his route, such officer or person being chargeable with the expense of keeping.
The officer or agent of a demanding state to whom a prisoner may have been delivered following extradition proceedings in another state, or to whom a prisoner may have been delivered after waiving extradition in such other state, and who is passing through this State with such a prisoner for the purpose of immediately returning the prisoner to the demanding state may, when necessary, confine the prisoner in the jail of any county through which he may pass; and the keeper of the jail must receive and safely keep the prisoner until the officer or agent having charge of him is ready to proceed on his route, such officer or agent, however, being chargeable with the expense of keeping; provided that the officer or agent shall produce and show to the keeper of the jail satisfactory written evidence of the fact that he is actually transporting the prisoner to the demanding state after a requisition by the executive authority of the demanding state. The prisoner shall not be entitled to demand a new requisition while in this State. [L 1941, c 99, §12; RL 1945, §10642; RL 1955, §250-12; HRS §713-12; ren L 1972, c 9, pt of §1]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 832. Uniform Criminal Extradition Act › 832-13 Arrest prior to requisition.

§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, or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of his bail, probation, or parole, or whenever complaint has been made before any judge in this State setting forth on the affidavit of any credible person in any state that a crime has been committed in such state and that the accused has been charged in such state with the commission of the crime and except in cases arising under section 832-6, has fled from justice, or with having been convicted of a crime in that state and having escaped from confinement or having broken the terms of his bail, probation, or parole and is believed to be in this State, the judge shall issue a warrant directed to any peace officer commanding him to apprehend the person named therein, wherever he may be found in this State, and to bring him before the same or any other judge or court who or which may be available in or convenient of access to the place where the arrest may be made, to answer the charge or complaint and affidavit, and a certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant. [L 1941, c 99, §13; RL 1945, §10643; RL 1955, §250-13; HRS §713-13; am L 1970, c 188, §39; ren L 1972, c 9, pt of §1]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 832. Uniform Criminal Extradition Act › 832-14 Arrest without a warrant.

§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 a term exceeding one year, but when so arrested the accused must be taken before a judge with all practicable speed and complaint must be made against the accused under oath setting forth the ground for the arrest as in section 832-13; and thereafter the accused's answer shall be heard as if the accused had been arrested on a warrant. [L 1941, c 99, §14; RL 1945, §10644; RL 1955, §250-14; HRS §713-14; am L 1970, c 188, §39; ren L 1972, c 9, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 832. Uniform Criminal Extradition Act › 832-15 Commitment to await requisition; bail.

§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 must, by a warrant reciting the accusation, commit the person to the county jail for such a time not exceeding thirty days and specified in the warrant, as will enable the arrest of the accused to be made under a warrant of the governor on a requisition of the executive authority of the state having jurisdiction of the offense, unless the accused give bail as provided in section 832-16, or until the accused shall be legally discharged. [L 1941, c 99, §15; RL 1945, §10645; RL 1955, §250-15; HRS §713-15; am L 1970, c 188, §39; ren L 1972, c 9, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 832. Uniform Criminal Extradition Act › 832-16 Bail; in what cases; conditions of bond.

§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 bail by bond, with sufficient sureties, and in such sum as the judge deems proper, conditioned for the person's appearance before the judge at a time specified in the bond, and for the person's surrender, to be arrested upon the warrant of the governor of this State. [L 1941, c 99, §16; RL 1945, §10646; RL 1955, §250-16; HRS §713-16; am L 1970, c 188, §39; ren L 1972, c 9, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 832. Uniform Criminal Extradition Act › 832-17 Extension of time of commitment; adjournment.

§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 sixty days, or a judge may again take bail for the accused's appearance and surrender, as provided in section 832-16, but within a period not to exceed sixty days after the date of new bond. [L 1941, c 99, §17; RL 1945, §10647; RL 1955, §250-17; HRS §713-17; am L 1970, c 188, §39; ren L 1972, c 9, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 832. Uniform Criminal Extradition Act › 832-18 Forfeiture of bail.

§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 the prisoner be within this State. Recovery may be had on the bond in the name of the State as in the case of other bonds given by the accused in criminal proceedings within this State. [L 1941, c 99, §18; RL 1945, §10648; RL 1955, §250-18; HRS §713-18; am L 1970, c 188, §39; ren L 1972, c 9, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 832. Uniform Criminal Extradition Act › 832-19 Persons under criminal prosecution in this State at time of requisition.

§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 demand of the executive authority of any state or hold the person until the person has been tried and discharged or convicted and punished in this State. [L 1941, c 99, §19; RL 1945, §10649; RL 1955, §250-19; HRS §713-19; ren L 1972, c 9, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 832. Uniform Criminal Extradition Act › 832-20 Guilt or innocence of accused, when inquired into.

§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 legal form as above provided has been presented to the governor, except as it may be involved in identifying the person held as the person charged with the crime. [L 1941, c 99, §20; RL 1945, §10650; RL 1955, §250-20; HRS §713-20; ren L 1972, c 9, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 832. Uniform Criminal Extradition Act › 832-21 Governor may recall warrant or issue alias.

§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]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 832. Uniform Criminal Extradition Act › 832-22 Fugitives from this State; duty of governor.

§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, or from the chief justice or an associate justice of the supreme court of the District of Columbia authorized to receive the demand under the laws of the United States, the governor shall issue a warrant under the great seal of this State, to some agent, commanding the agent to receive the person so charged if delivered to the agent and convey the person to the proper officer of the county in this State in which the offense was committed. [L 1941, c 99, §22; RL 1945, §10652; RL 1955, §250-22; HRS §713-22; ren L 1972, c 9, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 832. Uniform Criminal Extradition Act › 832-23 Application for issuance of requisition; by whom made; contents.

§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 person charged, in which application shall be stated the name of the person so charged, the crime charged against him, the approximate time, place, and circumstances of its commission, the state in which he is believed to be, including the location of the accused therein at the time the application is made and certifying that, in the opinion of the prosecuting attorney the ends of justice require the arrest and return of the accused to this State for trial and that the proceeding is not instituted to enforce a private claim.
When the return to this State is required of a person who has been convicted of a crime in this State and has escaped from confinement or broken the terms of his bail, probation, or parole, the prosecuting attorney of the county in which the offense was committed, the Hawaii paroling authority, the director of corrections and rehabilitation, the sheriff, or chief of police of the county, from which escape was made, shall present to the governor a written application for a requisition for the return of the person, in which application shall be stated the name of the person, the crime of which he was convicted, the circumstances of his escape from confinement or of the breach of the terms of his bail, probation, or parole, the state in which he is believed to be, including the location of the person therein at the time application is made.
The application shall be verified by affidavit, shall be executed in duplicate, and shall be accompanied by two certified copies of the indictment returned, or information and affidavit filed, or of the complaint made to the judge, stating the offense with which the accused is charged, or of the judgment of conviction or of the sentence. The prosecuting officer, paroling authority, director of corrections and rehabilitation, sheriff, or chief of police may also attach such further affidavits and other documents in duplicate as he shall deem proper to be submitted with the application. One copy of the application, with the action of the governor indicated by endorsement thereon, and one of the certified copies of the indictment, complaint, information, and affidavits, or of the judgment of conviction or of the sentence shall be filed in the office of the lieutenant governor to remain of record in that office. The other copies of all papers shall be forwarded with the governor's requisition. [L 1941, c 99, §23; RL 1945, §10653; RL 1955, §250-23; am L Sp 1959 2d, c 1, § §9, 20; am L 1963, c 34, §1; HRS §713-23; am L 1970, c 188, §39; ren L 1972, c 9, pt of §1; am L 1976, c 92, §8; am L 1987, c 338, §10; am L 1989, c 211, § §8, 10; am L 1990, c 281, §11; am L 2022, c 278, §29]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 832. Uniform Criminal Extradition Act › 832-24 Immunity from service of process in certain civil actions.

§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 proceeding to answer which the person is being or has been returned, until the person has been convicted in the criminal proceeding, or, if acquitted, until the person has had reasonable opportunity to return to the state from which the person was extradited. [L 1941, c 99, §24; RL 1945, §10654; RL 1955, §250-24; HRS §713-24; ren L 1972, c 9, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 832. Uniform Criminal Extradition Act › 832-25 Written waiver of extradition proceedings.

§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 service of the warrant provided for in sections 832-7 and 832-8, and all other procedure incidental to extradition proceedings, by executing or subscribing in the presence of a judge of any court of record within this State a writing which states that the person consents to return to the demanding state; provided that before the waiver is executed or subscribed by the person the judge shall inform the person of the person's rights to the issuance and service of warrant of extradition and to obtain a writ of habeas corpus as provided for in section 832-10.
If and when such consent has been duly executed it shall forthwith be forwarded to the office of the governor of this State and filed therein. The judge shall direct the officer having the person in custody to deliver forthwith the person to the duly accredited agent or agents of the demanding state, and shall deliver or cause to be delivered to such agent or agents a copy of such consent; provided that nothing in this section shall be deemed to limit the rights of the accused person to return voluntarily and without formality to the demanding state, nor shall this waiver procedure be deemed to be an exclusive procedure or to limit the powers, rights, or duties of the officers of the demanding state or of this State.
(b) Notwithstanding subsection (a), a law enforcement agency holding a person who is alleged to have broken the terms of the person's probation, parole, bail, or any other release shall immediately deliver the person to the duly authorized agent of the demanding state without the requirement of a governor's warrant if all of the following apply:
(1) The person has signed a prior waiver of extradition as a term of the person's current probation, parole, bail, or other release in the demanding state; and
(2) The law enforcement agency holding the person has received both of the following:
(A) An authenticated copy of the prior waiver of extradition signed by the person; and
(B) A photograph and fingerprints properly identifying the person as the person who signed the waiver. [L 1941, c 99, §25; RL 1945, §10655; RL 1955, §250-25; HRS §713-25; ren L 1972, c 9, pt of §1; gen ch 1985; am L 1992, c 44, §1; gen ch 1992]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 832. Uniform Criminal Extradition Act › 832-26 Nonwaiver by this State.

§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 by extradition proceedings or otherwise for the purpose of trial, sentence, or punishment for any crime committed within this State, nor shall any proceedings had under this chapter which result in, or fail to result in, extradition be deemed a waiver by this State of any of its rights, privileges, or jurisdiction in any way whatsoever. [L 1941, c 99, §26; RL 1945, §10656; RL 1955, §250-26; HRS §713-26; ren L 1972, c 9, pt of §1]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 832. Uniform Criminal Extradition Act › 832-27 No right of asylum; no immunity from other criminal prosecutions while in this State.

§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 with having committed here as well as that specified in the requisition for the person's extradition. [L 1941, c 99, §27; RL 1945, §10657; RL 1955, §250-27; HRS §713-27; ren L 1972, c 9, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 833. Uniform Rendition of Accused Persons Act › 833-1 Arrest of accused person illegally in State.

§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:
(1) An affidavit stating the name and whereabouts of the person whose removal is sought, the crime with which the person was charged, the time and place of the crime charged, and the status of the proceedings against the person;
(2) A certified copy of the order or other document specifying the terms and conditions under which the person was released from custody; and
(3) A certified copy of an order of the demanding court, judge, or magistrate stating the manner in which the terms and the conditions of the release have been violated and designating the affiant its agent for seeking removal of the person.
(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]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 833. Uniform Rendition of Accused Persons Act › 833-2 Hearing and right to counsel.

§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 person of the person's right to have the assistance of counsel, to confront the witnesses against the person, and to produce evidence in the person's own behalf at the hearing.
(b) The person whose removal is sought may at this time in writing waive the hearing and agree to be returned to the demanding court, judge, or magistrate. If a waiver is executed, the district judge shall issue an order pursuant to section 833-3.
(c) The district judge may impose conditions of release authorized by the laws of this State which will reasonably assure the appearance at the hearing of the person whose removal is sought. [L 1971, c 115, §2; HRS §713C-2; ren L 1972, c 9, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 833. Uniform Rendition of Accused Persons Act › 833-3 Order of return to demanding court.

§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, judge, or magistrate and that the person whose removal is sought was released from custody by the demanding court, judge, or magistrate, and that the person has violated the terms or conditions of the person's release, the district judge may issue an order authorizing the return of the person to the custody of the demanding court, judge or magistrate forthwith. [L 1971, c 115, §3; HRS §713C-3; ren L 1972, c 9, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 833. Uniform Rendition of Accused Persons Act › 833-4 Costs and attorney fees.

§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 issued. [L 1971, c 115, §4; HRS §713C-4; ren L 1972, c 9, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 833. Uniform Rendition of Accused Persons Act › 833-5 Uniformity of interpretation.

§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]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 833. Uniform Rendition of Accused Persons Act › 833-6 Short title.

§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]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 834. Agreement on Detainers › 834-2 Definition.

§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]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 834. Agreement on Detainers › 834-3 Cooperation by agencies.

§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 agreement and effectuating its purpose. [L 1965, c 160, §3; Supp, §250A-3; HRS §714-3; ren L 1972, c 9, pt of §1]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 834. Agreement on Detainers › 834-4 Escape.

§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; HRS §714-4; ren L 1972, c 9, pt of §1]
Note
Chapter 740 referred to in text is repealed. For present provisions relating to escape, see § §710-1020, 710-1021.
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 834. Agreement on Detainers › 834-5 Release of inmate.

§834-5 Release of inmate.
The superintendent or other official in charge of a penal or correctional institution in this State shall give over the person of any inmate thereof whenever so required by the operation of the Agreement on Detainers. [L 1965, c 160, §5; Supp, §250A-5; HRS §714-5; ren L 1972, c 9, pt of §1]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 834. Agreement on Detainers › 834-6 Administrator.

§834-6 Administrator.
The lieutenant governor shall be the officer who shall serve as central administrator and information agent for the Agreement on Detainers. [L 1965, c 160, §6; Supp, §250A-6; HRS §714-6; ren L 1972, c 9, pt of §1]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 835. Securing Attendance of Witness by Material Witness Order › 835-1 Material witness order; defined.

§835-1 Material witness order; defined.
A material witness order is a court order:
(1) Adjudging a person a material witness in a pending criminal action; and
(2) Fixing bail to secure the person's future attendance thereat. [L 1971, c 214, pt of §1; HRS §718-1; ren L 1972, c 9, pt of §1; gen ch 1985; am L 2016, c 55, §49]
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 835. Securing Attendance of Witness by Material Witness Order › 835-2 Material witness order; when authorized; by what courts issuable; duration thereof.

§835-2 Material witness order; when authorized; by what courts issuable; duration thereof.
(a) A material witness order may be issued upon the ground that there is a reasonable cause to believe that a person whom the people or the defendant desire to call as a witness in a pending criminal action:
(1) Possesses information material to the determination of the action; and
(2) Will not be amenable or responsive to a subpoena at a time when the person's attendance will be sought.
(b) A material witness order may be issued only when:
(1) An indictment, information, or felony complaint has been filed in a circuit or family court and is currently pending therein;
(2) A grand jury proceeding has been commenced and is currently pending; or
(3) A felony complaint has been filed with a district court and is currently pending therein.
(c) The following courts may issue material witness orders under the indicated circumstances:
(1) When an indictment, an information, or a felony complaint has been filed, or a grand jury proceeding has been commenced, or a defendant has been held by a district or family court for the action of a grand jury, a material witness order may be issued only by the circuit or family court in which the indictment is pending or by the grand jury that has been or will be impaneled; and
(2) When a felony complaint is currently pending in a district court, a material witness order may be issued either by that court or by the circuit or family court that would have jurisdiction of the case upon indictment by the grand jury or upon a finding of probable cause by a district court.
(d) Unless vacated pursuant to section 835-6, a material witness order remains in effect during the following periods of time under the indicated circumstances:
(1) An order issued by a circuit or family court under the circumstances prescribed in subsection (c)(1) remains in effect during the pendency of the criminal action in the circuit court or family court; and
(2) An order issued by a district or family court under circumstances prescribed in subsection (c)(2), remains in effect:
(A) Until the disposition of the felony complaint pending in the court;
(B) If the defendant is held for the action of the grand jury, during the pendency of the grand jury proceeding;
(C) If an indictment results, for a period of ten days following the filing of the indictment; and
(D) If within the ten-day period, the order is endorsed by the circuit or family court in which the indictment was pending, during the pendency of the action in the circuit or family court. Upon the endorsement, the order is deemed to be that of the circuit or family court. [L 1971, c 214, pt of §1; HRS §718-2; ren L 1972, c 9, pt of §1; gen ch 1985; am L 2018, c 99, §1]
Revision Note
In subsection (b)(1), "or" deleted and in subsection (d)(2), (i) to (iv) reformatted as subparagraphs (A) to (D) and "and" deleted subparagraphs (A) and (B) pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 38. Procedural and Supplementary Provisions › 835. Securing Attendance of Witness by Material Witness Order › 835-3 Material witness order; commencement of proceeding by application; procurement of appearance of prospective witness.

§835-3 Material witness order; commencement of proceeding by application; procurement of appearance of prospective witness.
(a) A proceeding to adjudge a person a material witness must be commenced by application to the appropriate court, made in writing and subscribed and sworn to by the applicant, demonstrating reasonable cause to believe the existence of facts, as specified in section 835-2(a), warranting the adjudication of the person as a material witness.
(b) If the court is satisfied that the application is well-founded, the prospective witness may be compelled to appear in response thereto as follows:
(1) The court may issue an order directing the prospective witness to appear therein at a designated time in order that a determination may be made whether the prospective witness should be adjudged a material witness and, upon personal service of the order or a copy thereof within the State, the prospective witness shall so appear; and
(2) If in addition to the allegations specified in section 835-2(a), the application contains further allegations demonstrating to the satisfaction of the court reasonable cause to believe that:
(A) The witness would be unlikely to respond to such an order; or
(B) After previously having been served with such an order, the witness did not respond thereto,
the court may issue a warrant addressed to a police officer, directing the officer to take the prospective witness into custody within the State and to bring the prospective witness before the court forthwith in order that a proceeding may be conducted to determine whether the prospective witness is to be adjudged a material witness. [L 1971, c 214, pt of §1; HRS §718-3; ren L 1972, c 9, pt of §1; gen ch 1985; am L 2015, c 35, §34]