§704-409

Access to defendant by examiners of defendant's choice

Foundations · Chapter 704 — Penal Responsibility and Fitness to Proceed

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 of the defendant's own choice, such examiner or examiners shall be permitted to have reasonable access to the defendant for the purposes of such examination. [L 1972, c 9, pt of §1; gen ch 1993]

Source / Amendment history

[L 1972, c 9, pt of §1; gen ch 1993]

Cross references, commentary & case notes

COMMENTARY ON §704-409 The section makes it clear that a defendant in custody pending determination of the defendant's fitness to proceed or the defendant's penal responsibility shall be entitled to examination by medical experts of the defendant's own choice notwithstanding rules or regulations of the prison or hospital or other facility in which the defendant is held. Final determination of the question of reasonable access should reside with the court and not with the warden or hospital administrator.

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