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HRS §833-1

Arresting someone who broke release rules from another state

This section explains how Hawaii can arrest and return a person who was released by another state's court but broke the release rules and is now in Hawaii. A court agent must file certain papers, and a Hawaii judge must find probable cause before ordering arrest.

courts

The statute, as written — 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.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.