§804-7.1 Conditions of release on bail, recognizance, or supervised release. [Section effective until June 30, 2010. For section effective July 1, 2010, see below.] 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 justice, the judicial officer named in section 804-5 may deny the defendant's release on bail, recognizance, or supervised release. Upon the defendant's release on bail, recognizance, or supervised release, however, the court may enter an order:
(1) Prohibiting the defendant from approaching or communicating with particular persons or classes of persons, except that no such order should be deemed to prohibit any lawful and ethical activity of defendant's counsel;
(2) Prohibiting the defendant from going to certain described geographical areas or premises;
(3) Prohibiting the defendant from possessing any dangerous weapon, engaging in certain described activities, or indulging in intoxicating liquors [or] certain drugs;
(4) Requiring the defendant to report regularly to and remain under the supervision of an officer of the court;
(5) Requiring the defendant to maintain employment, or, if unemployed, to actively seek employment, or attend an educational or vocational institution;
(6) Requiring the defendant to comply with a specified curfew;
(7) Requiring the defendant to seek and maintain mental health treatment or testing, including treatment for drug or alcohol dependency, or to remain in a specified institution for that purpose;
(8) Requiring the defendant to remain in the jurisdiction of the judicial circuit in which the charges are pending unless approval is obtained from a court of competent jurisdiction to leave the jurisdiction of the court;
(9) Requiring the defendant to satisfy any other condition reasonably necessary to assure the appearance of the person as required and to assure the safety of any other person or community; or
(10) Imposing any combination of conditions listed above.
The judicial officer may revoke a defendant's bail upon proof that the defendant has breached any of the conditions imposed. [L 1978, c 217, pt of §1; am L 1980, c 242, §4; am L 1987, c 139, §1]
§804-7.1 Conditions of release on bail, recognizance, or supervised release. [Section effective July 1, 2010. For section effective until June 30, 2010, see above.] (a) 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 justice, the judicial officer named in section 804-5 may deny the defendant's release on bail, recognizance, or supervised release.
(b) Upon the defendant's release on bail, recognizance, or supervised release, however, the court may enter an order:
(1) Prohibiting the defendant from approaching or communicating with particular persons or classes of persons, except that no such order should be deemed to prohibit any lawful and ethical activity of defendant's counsel;
(2) Prohibiting the defendant from going to certain described geographical areas or premises;
(3) Prohibiting the defendant from possessing any dangerous weapon, engaging in certain described activities, or indulging in intoxicating liquors or certain drugs;
(4) Requiring the defendant to report regularly to and remain under the supervision of an officer of the court;
(5) Requiring the defendant to maintain employment, or, if unemployed, to actively seek employment, or attend an educational or vocational institution;
(6) Requiring the defendant to comply with a specified curfew;
(7) Requiring the defendant to seek and maintain mental health treatment or testing, including treatment for drug or alcohol dependency, or to remain in a specified institution for that purpose;
(8) Requiring the defendant to remain in the jurisdiction of the judicial circuit in which the charges are pending unless approval is obtained from a court of competent jurisdiction to leave the jurisdiction of the court;
(9) Requiring the defendant to satisfy any other condition reasonably necessary to assure the appearance of the person as required and to assure the safety of any other person or community; or
(10) Imposing any combination of conditions listed above.
The judicial officer may revoke a defendant's bail upon proof that the defendant has breached any of the conditions imposed.
(c) In addition to the conditions in subsection (b) and except as provided in subsection (d), when the defendant is charged with an offense under section 291E-61, except an offense for which the defendant would be sentenced pursuant to section 291E-61(b)(1), the court shall order as a condition of release on bail, recognizance, or supervised release that, within fifteen days, the defendant install an ignition interlock device, as defined in section 291E-1, on any vehicle that the defendant will operate during the defendant's release on bail, recognizance, or supervised release. Upon proof that the defendant has installed an ignition interlock device in the defendant's vehicle, the court shall issue an ignition interlock permit that will allow the defendant to drive a vehicle equipped with an ignition interlock device during the period of the defendant's release on bail, recognizance, or supervised release.
(d) Notwithstanding any other law to the contrary, the court shall not issue an ignition interlock permit to:
(1) A defendant whose license is expired, suspended, or revoked as a result of action other than the instant offense; or
(2) A defendant who holds either a category 4 license under section 286-102(b) or a commercial driver's license under section 286-239(b).
(e) The court may issue a separate permit authorizing a defendant to operate a vehicle owned by the defendant's employer while released [on] bail as provided in section 291E-61.
(f) Except as provided in section 291E-5, installation and maintenance of the ignition interlock device required by subsection (c) shall be at the defendant's own expense. [L 1978, c 217, pt of §1; am L 1980, c 242, §4; am L 1987, c 139, §1; am L 2008, c 171, §10]
Law Journals and Reviews
Risky Business: Assessing Dangerousness in Hawai‘i. 24 UH L. Rev. 63.
Case Notes
Where restrictions imposed by the trial court were a condition of defendant's bail, defendant's argument that prohibition was overbroad, vague, ambiguous and therefore unconstitutional, was unpersuasive and restrictions imposed were well within the discretion of the trial court. 79 H. 150, 900 P.2d 157.