Hawaii Revised Statutes 704. Penal Responsibility and Fitness to Proceed
- 704-400 Physical or Mental Disease, Disorder, or Defect Excluding Penal Responsibility.
(1) A person is not responsible, under this Code, for conduct if at the time of the conduct as a result of physical or...
- 704-401 Evidence of Physical or Mental Disease, Disorder, or Defect Admissible When Relevant to State of Mind.
Evidence that the defendant was affected by a physical or mental disease, disorder, or defect is admissible whenever it is relevant to prove that...
- 704-402 Physical or Mental Disease, Disorder, or Defect Excluding Responsibility is an Affirmative Defense; Form of Verdict and Judgment When Finding of Irresponsibility is Made.
(1) Physical or mental disease, disorder, or defect excluding responsibility is an affirmative defense. (2) When the defense provided for by subsection (1) is...
- 704-403 Physical or Mental Disease, Disorder, or Defect Excluding Fitness to Proceed.
No person who as a result of a physical or mental disease, disorder, or defect lacks capacity to understand the proceedings against the person...
- 704-404 Examination of Defendant With Respect to Physical or Mental Disease, Disorder, or Defect.
(1) Whenever the defendant has filed a notice of intention to rely on the defense of physical or mental disease, disorder, or defect excluding...
- 704-405 Determination of Fitness to Proceed.
When the defendant's fitness to proceed is drawn in question, the issue shall be determined by the court. If neither the prosecuting attorney nor...
- 704-406 Effect of Finding of Unfitness to Proceed.
(1) If the court determines that the defendant lacks fitness to proceed, the proceeding against the defendant shall be suspended, except as provided in...
- 704-407 Special Hearing Following Commitment or Release on Conditions
. (1) At any time after commitment as provided in section 704-406, the defendant or the defendant's counsel or the director of health may apply...
- 704-408 Determination of Irresponsibility.
If the report of the examiners filed pursuant to section 704-404, or the report of examiners of the defendant's choice under section 704-409, states...
- 704-409 Access to Defendant by Examiners of Defendant's Choice.
When, notwithstanding the report filed pursuant to section 704-404, the defendant wishes to be examined by one or more qualified physicians or other experts...
- 704-410 Form of Expert Testimony Regarding Physical or Mental Disease, Disorder, or Defect.
(1) At the hearing pursuant to section 704-405 or upon the trial, the examiners who reported pursuant to section 704-404 may be called as...
- 704-411 Legal Effect of Acquittal on the Ground of Physical or Mental Disease, Disorder, or Defect Excluding Responsibility; Commitment; Conditional Release; Discharge; Procedure for Separate Post-Acquittal Hearing.
(1) When a defendant is acquitted on the ground of physical or mental disease, disorder, or defect excluding responsibility, the court, on the basis...
- 704-412 Committed Person; Application for Conditional Release or Discharge; by the Director of Health; by the Person.
(1) After the expiration of at least ninety days following an original order of commitment pursuant to section 704-411(1)(a), or after the expiration of...
- 704-413 Conditional Release; Application for Modification or Discharge; Termination of Conditional Release and Commitment.
(1) Any person granted conditional release pursuant to this chapter shall continue to receive mental health or other treatment and care deemed appropriate by...
- 704-414 Procedure Upon Application for Discharge, Conditional Release, or Modification of Conditions of Release.
Upon filing of an application pursuant to section 704-412 for discharge or conditional release, or upon the filing of an application pursuant to section...
- 704-415 Disposition of Application for Discharge, Conditional Release, or Modification of Conditions of Release.
(1) If the court is satisfied from the report filed pursuant to section 704-414, and such testimony of the reporting examiners as the court...
- 704-416 Statements for Purposes of Examination or Treatment Inadmissible Except on Issue of Physical or Mental Condition.
A statement made by a person subjected to examination or treatment pursuant to this chapter for the purposes of such examination or treatment shall...
- 704-416.5 Supervision of Person on Conditional Release.
(1) Any person hospitalized under this chapter who is subsequently placed on conditional release shall be subject to the supervision of a probation officer...
- 704-417 Use of Out-Of-state Institutions.
The term "appropriate institution" includes any institution within or without this State to which the defendant may be eligible for admission and treatment for...
- 704-418 Immaturity Excluding Penal Conviction; Transfer of Proceedings to Family Court.
(1) A person shall not be tried for or convicted of an offense if the person is subject to the exclusive original jurisdiction of...
- 704-419 Repealed.
L 1980, c 306, ยง2.
Last modified: October 27, 2016