§621-9  Witness and defendant expenses;
budgetary procedure.  (a)  Except as provided for in section 802-7,
whenever a witness subpoenaed on behalf of the State in a criminal case or on
behalf of a defendant at the expense of the State in a criminal case is
discharged, the clerk of the court shall issue to him under seal of the court,
a numbered certificate from a book having a stub with like designations,
stating the name of the witness, when and where he was summoned or subpoenaed,
the date of his discharge, the number of miles necessarily traveled from his
place of residence to the place of holding court, the number of days' service,
and the amount due for transportation and for service.  The certificate, when
correct, must be so certified by the public prosecutor or county attorney for
witnesses subpoenaed on behalf of the State, and by the public defender for
witnesses subpoenaed on behalf of a defendant, but no certificate shall be so
certified unless presented to him within twelve months after the date of
issue.  Duly certified witness certificates shall be paid upon vouchers
approved by the state director of finance and warrants drawn by the state
comptroller.



(b)  Whenever the presence of a defendant in a
criminal case or in a proceeding under chapter 704 or a petitioner in a post
conviction proceeding who is outside the judicial circuit is mandated by court
order or bench warrant to appear, the cost of airfare, ground transportation,
any per diem for both the defendant or petitioner and sufficient law
enforcement officers to effect the defendant's or petitioner's return, shall be
borne by the State.  All such expenses shall be certified by the court or
public prosecutor or the attorney general.  Duly certified claims for payment
shall be paid upon vouchers approved by the state director of finance and
warrants drawn by the state comptroller.  The court may order the nonindigent
defendant or petitioner who was returned to the State of Hawaii to reimburse
the State for the costs of such extradition or return as specifically described
above.



(c)  Each public prosecutor or county attorney
and the public defender shall submit to the state department of budget and
finance for inclusion in the department's budget request for each fiscal
biennium the amount required for each fiscal year for expenses for witnesses
subpoenaed by him and for defendants and postconviction petitioners summoned on
his behalf or required by him. [L 1907, c 53, §3; RL 1925, §2562; am L 1932
1st, c 13, §1; RL 1935, §3818; RL 1945, §9829; am imp L 1945, c 35, §1; RL
1955, §222-9; am L 1957, c 152, §1; am L Sp 1959 2d, c 1, §14; am L 1963, c
114, §1; HRS §621-9; am L 1976, c 131, §4; am L Sp 1977 1st, c 7, §2; am L
1980, c 306, §1; am L 1987, c 85, §1; am L 1988, c 280, §1]



 



Cross References



 



  Witness security, see §28-101.