HRS §804-5
Who can set bail for a person accused of a crime
This section says which officials can let an accused person out on bail. For serious crimes, only a judge can do it. For less serious crimes, police or sheriffs can also do it. The court must use the least restrictive conditions needed to make sure the person shows up and the public is safe.
courts
The statute, as written — By whom allowed
In cases where the punishment for the offense charged may be imprisonment for life not subject to parole, or imprisonment for a term more than ten years with or without fine, a judge or justice of a court of record, including a district judge, shall be competent to admit the accused to bail, in conformity with sections 804-3 to 804-6. In all other cases, the accused may be so admitted to bail by any judge or justice of a court of record, including a district judge, and in cases, except under section 712-1207, where the punishment for the offense charged may not exceed two years' imprisonment with or without fine, the sheriff, the sheriff's deputy, the chief of police or any person named by the chief of police, or the sheriff of Kalawao, regardless of the circuit within which the alleged offense was committed, may admit the accused person to bail. The court shall impose conditions of release or bail that are the least restrictive conditions required to ensure the accused's appearance and to protect the public.
Sections this one refers to
§712-1207 Rules against street prostitution in Waikiki and other areas
§804-3 When bail can be denied for serious crimes
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.