PocketLaw | Hawaii Revised Statutes | Penal Responsibility and Fitness

Evidence of physical or mental disease, disorder, or defect admissible when relevant to state of mind.

Section
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.

Section
704-403

Physical or mental disease, disorder, or defect excluding fitness to proceed.

Section
704-404

Examination of defendant with respect to physical or mental disease, disorder, or defect excluding fitness to proceed.

Section
704-405

Examination of defendant with respect to physical or mental disease, disorder, or defect excluding penal responsibility.

Section
704-408

Determination of irresponsibility.

Section
704-409

Access to defendant by examiners of defendant's choice.

Section
704-410

Form of expert testimony regarding physical or mental disease, disorder, or defect.

Section
704-410.5

Conditional release; duration limited in nonfelony cases.

Section
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.

Section
704-412

Committed person; application for conditional release or discharge; by the director of health; by the person.

Section
704-413

Conditional release; application for modification or discharge; termination of conditional release and commitment.

Section
704-414

Procedure upon application for discharge, conditional release, or modification of conditions of release.

Section
704-415

Disposition of application for discharge, conditional release, or modification of conditions of release.

Section
704-416

Statements for purposes of examination or treatment inadmissible except on issue of physical or mental condition.

Section
704-416.5

Supervision of person on conditional release.

Section
704-417

Use of out-of-state institutions.

Section
704-418

Immaturity excluding penal conviction; transfer of proceedings to family court.

Section
704-419

REPEALED.

Section
704-420

Examination reports; provided to director of health.

Section
704-421

Penal Responsibility and Fitness to Proceed

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Physical or mental disease, disorder, or defect excluding penal responsibility.

Evidence of physical or mental disease, disorder, or defect admissible when relevant to state of mind.

Physical or mental disease, disorder, or defect excluding responsibility is an affirmative defense; form of verdict and judgment when finding of irresponsibility is made.

Physical or mental disease, disorder, or defect excluding fitness to proceed.

Examination of defendant with respect to physical or mental disease, disorder, or defect excluding fitness to proceed.

Determination of fitness to proceed.

Effect of finding of unfitness to proceed and regained fitness to proceed.

Special hearing following commitment or release on conditions

Examination of defendant with respect to physical or mental disease, disorder, or defect excluding penal responsibility.

Determination of irresponsibility.

Access to defendant by examiners of defendant's choice.

Form of expert testimony regarding physical or mental disease, disorder, or defect.

Conditional release; duration limited in nonfelony cases.

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.

Committed person; application for conditional release or discharge; by the director of health; by the person.

Conditional release; application for modification or discharge; termination of conditional release and commitment.

Procedure upon application for discharge, conditional release, or modification of conditions of release.

Disposition of application for discharge, conditional release, or modification of conditions of release.

Statements for purposes of examination or treatment inadmissible except on issue of physical or mental condition.

Supervision of person on conditional release.

Use of out-of-state institutions.

Immaturity excluding penal conviction; transfer of proceedings to family court.

REPEALED.

Examination reports; provided to director of health.

Proceedings for defendants charged with petty misdemeanors not involving violence or attempted violence; criminal justice diversion program.