2020 Hawaii Revised Statutes
Title 38. Procedural and Supplementary Provisions
804. Bail; Bond to Keep the Peace
804-9 Amount.
§804-9 Amount. 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 conviction, and the defendant's financial ability to afford bail. The bail amount should be so determined as not to suffer the wealthy to escape by the payment of a pecuniary penalty, nor to render the privilege useless to the poor. PC 1869, c 50, §6; RL 1925, §3984; am imp L 1933, c 30, §1; RL 1935, §5438; RL 1945, §10739; RL 1955, §256-9; HRS §709-9; ren L 1972, c 9, pt of §1; am L 2019, c 179, §20
Cross References
See Const. art. I, §12.
Case Notes
Section means no more than that bail shall be in a reasonable amount, considering the financial status of defendant and the possible punishment. 56 H. 447, 539 P.2d 1197 (1975).
No abuse of discretion in setting bail at $75 for person arrested for simple trespass. 64 H. 130, 637 P.2d 1105 (1981).
Since §804-5 provides chief of police or designee with independent authority and discretion to admit persons charged with misdemeanor offenses to bail in accordance with this section, 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).
Cited: 76 H. 219, 873 P.2d 98 (1994).
