§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).
Notes of Decisions
Cited in
8
cases (
1 in the last 5 years), 1979–2024 · leading case:
Pelekai v. White, 861 P.2d 1205 (Haw. 1993).
Pelekai v. White, 861 P.2d 1205 (Haw. 1993).
· cites it 11× “Petitioner contends the disputed bail order: (1) contravenes HRS §§ 804-5 and 804-9 (1985); (2) violates the *363 prohibition against excessive bail contained in the eighth amendment to the United States Constitution and article 1, section 12 of the Hawai‘i Constitution; and (3)…”
State v. Henley., 363 P.3d 319 (Haw. 2015).
· cites it 4× “00 bail pursuant to the chief of police’s authority under HRS § 804-5 (2014) (“[W]here the punishment for the offense charged may not exceed two years’ imprisonment with or without a fine, .”
State v. Kapoi, 637 P.2d 1105 (Haw. 1981).
· cites it 4× “HRS §§ 804-5 and 804-9. Hence, the question here is whether there was an abuse of discretion because the amount of security requested of defendant was excessive under the circumstances.”
State v. Vance, 602 P.2d 933 (Haw. 1979).
· cites it 2× “Michael was arrested for a petty misdemeanor offense carrying a maximum penalty of less than one year of imprisonment.”
State v. Nelson, 398 P.3d 712 (Haw. 2017).
· cites it 2× “” HRS § 804-5 (2014). . (a) The amount of compensation which may be collected on any bail bond .”
State v. Miles, 354 P.3d 178 (Haw. App. 2015).
“) Relatedly, a general condition of release on bail is that the person released must appear at all court hearings at which his or her presence is required.”
State v. Carter. (Haw. App. 2024).
· cites it 2× “), entitled "Amount," provides: 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…”
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