§804-7.1  Conditions of release on bail,
recognizance, or supervised release.  [Section effective until December
31, 2010.  For section effective January 1, 2011, 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 January 1, 2011. 
For section effective until December 31, 2010, see above.]  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; am L 2008, c
171, §10; am L 2009, c 88, §§9, 13, and 17(2)]



 



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.