Haw. Rev. Stat. ch. 704 – Penal Responsibility and Fitness to Proceed | Midpage

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Hawaii Revised Statutes

Chapter 704

Haw. Rev. Stat. ch. 704

Penal Responsibility and Fitness to Proceed

704-400Physical or mental disease, disorder, or defect excluding penal responsibility.704-401Evidence of physical or mental disease, disorder, or defect admissible when relevant to state of mind.704-402Physical or mental disease, disorder, or defect excluding responsibility is an affirmative defense; form of verdict and judgment when finding of irresponsibility is made.704-403Physical or mental disease, disorder, or defect excluding fitness to proceed.704-404Examination of defendant with respect to physical or mental disease, disorder, or defect excluding fitness to proceed.704-405Determination of fitness to proceed.704-406Effect of finding of unfitness to proceed and regained fitness to proceed.704-407Special hearing following commitment or release on conditions.704-407.5Examination of defendant with respect to physical or mental disease, disorder, or defect excluding penal responsibility.704-408Determination of irresponsibility.704-409Access to defendant by examiners of defendant's choice.704-410Form of expert testimony regarding physical or mental disease, disorder, or defect.704-410.5Conditional release; duration limited in nonfelony cases.704-411Legal 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.704-412Committed person; application for conditional release or discharge; by the director of health; by the person.704-413Conditional release; application for modification or discharge; termination of conditional release and commitment.704-414Procedure upon application for discharge, conditional release, or modification of conditions of release.704-415Disposition of application for discharge, conditional release, or modification of conditions of release.704-416Statements for purposes of examination or treatment inadmissible except on issue of physical or mental condition.704-416.5Supervision of person on conditional release.704-417Use of out-of-state institutions.704-418Immaturity excluding penal conviction; transfer of proceedings to family court.704-419Repealed.704-420Examination reports; provided to director of health.704-421Proceedings for defendants charged with petty misdemeanors not involving violence or attempted violence; criminal justice diversion program.