Haw. Code R. § 23-191-4 - Release criteria; exceptions

(a) Pretrial detainees shall not be considered for release if they:

(1) Have been denied bail;

(2) Have bail of more than $5,000;

(3) Are charged with a serious crime involving violence;

(4) Were convicted of a serious crime involving violence;

(5) Are on probation or parole for a serious crime involving violence;

(6) Are charged with a class C or misdemeanor offense involving violence and offenses that the department considers a risk to public safety; or

(7) Have mental or substance abuse histories that render release inappropriate.

(b) Nothing in this chapter shall be construed as creating or granting any pretrial detainee the right to be released from incarceration. Pretrial detainees have no right to release. Any release under this chapter is discretionary and for the benefit of the department and the safe and orderly management of the facility.

Notes

Haw. Code R. § 23-191-4

[Eff MAR 14 1994] (Auth: HRS § 353C-2; SLH 1993, Act 305) (Imp: SLH 1993, Act 305)