833-2 Hearing and right to counsel. (a) The person whose removal is sought shall be brought before the district judge immediately upon arrest pursuant to the penal summons or warrant; whereupon the district judge shall set a time and place for hearing, and shall advise the person of the person's right to have the assistance of counsel, to confront the witnesses against the person, and to produce evidence in the person's own behalf at the hearing.

(b) The person whose removal is sought may at this time in writing waive the hearing and agree to be returned to the demanding court, judge, or magistrate. If a waiver is executed, the district judge shall issue an order pursuant to section 833-3.

(c) The district judge may impose conditions of release authorized by the laws of this State which will reasonably assure the appearance at the hearing of the person whose removal is sought. [L 1971, c 115, 2; HRS 713C-2; ren L 1972, c 9, pt of 1; gen ch 1985]

 

 

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