HRS §804-9
How judges decide the amount of bail
This section says that judges and certain other officials decide how much bail a person must pay. They must set a reasonable amount based on the crime, possible punishment, and what the person can afford. The goal is to treat rich and poor people fairly.
courts
The statute, as written — 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]
Sections this one refers to
§804-5 Who can set bail for a person accused of a crime
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