§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]