Chapter 704 — Penal Responsibility and Fitness to Proceed
Foundations · Title 37, Hawaii Penal Code · 25 sections
- §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
- §704-419REPEALEDRepealed
- §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