Chapter 704 — Chapter 704
23 sections in this chapter.
HRS §704-400 Physical or mental disease, disorder, or defect excluding penal responsibility
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§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 mental disease, disorder, or defect the person lacks substantial capacit…
HRS §704-401 Evidence of physical or mental disease, disorder, or defect admissible when relevant to state of mind
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§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 the defendant did or d…
HRS §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
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§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 defen…
HRS §704-403 Physical or mental disease, disorder, or defect excluding fitness to proceed
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§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 or to assist in the person's own defense shall be …
HRS §704-404 Examination of defendant with respect to physical or mental disease, disorder, or defect excluding fitness to proceed
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§704-404 Examination of defendant with respect to physical or mental disease, disorder, or defect excluding fitness to proceed. (1) Whenever there is reason to doubt the defendant's fitness to proceed, the court may immediately suspend all further proceedings in the prosecution; …
HRS §704-405 Determination of fitness to proceed
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§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 counsel for the defendant contests the finding of the report filed pursuant to section 7…
HRS §704-406 Effect of finding of unfitness to proceed and regained fitness to proceed
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§704-406 Effect of finding of unfitness to proceed and regained fitness 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 sections 704-407 and 704-421, and the court …
HRS §704-407 Special hearing following commitment or release on conditions
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§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 for a special post-commitment or post-release hearing. If the appl…
HRS §704-407.5 Examination of defendant with respect to physical or mental disease, disorder, or defect excluding penal responsibility
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§704-407.5 Examination of defendant with respect to physical or mental disease, disorder, or defect excluding penal responsibility. (1) Whenever the defendant has filed a notice of intention to rely on the defense of physical or mental disease, disorder, or defect excluding penal…
HRS §704-408 Determination of irresponsibility
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§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 that the defendant at the time of the conduct alleged was affected by a physical or men…
HRS §704-409 Access to defendant by examiners of defendant's choice
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§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 of the defendant's own choice, such examiner or examiners …
HRS §704-410 Form of expert testimony regarding physical or mental disease, disorder, or defect
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§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 witnesses by the prosecution, the defendant, or t…
HRS §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
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§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 …
HRS §704-412 Committed person; application for conditional release or discharge; by the director of health; by the person
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§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 at least…
HRS §704-413 Conditional release; application for modification or discharge; termination of conditional release and commitment
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§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 b…
HRS §704-414 Procedure upon application for discharge, conditional release, or modification of conditions of release
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§704-414 Procedure upon application for discharge, conditional release, or modification of conditions of release. (1) 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 704-413 f…
HRS §704-415 Disposition of application for discharge, conditional release, or modification of conditions of release
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§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 deems necessary, that: the…
HRS §704-416 Statements for purposes of examination or treatment inadmissible except on issue of physical or mental condition
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§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 not be ad…
HRS §704-416.5 Supervision of person on conditional release
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§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 until such time as that supervision is terminated by order of the c…
HRS §704-417 Use of out-of-state institutions
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§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 physical or mental disease, disorder, or defect. [L 1972, c 9, pt of §1]
HRS §704-418 Immaturity excluding penal conviction; transfer of proceedings to family court
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§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 the family court, unless the family court has waived jurisdic…
HRS §704-419 REPEALED
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§704-419 REPEALED. L 1980, c 306, §2.
HRS §704-421 Proceedings for defendants charged with petty misdemeanors not involving violence or attempted violence; criminal justice diversion program
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§704-421 Proceedings for defendants charged with petty misdemeanors not involving violence or attempted violence; criminal justice diversion program. (1) In cases where the defendant is charged with a petty misdemeanor not involving violence or attempted violence, if, at the hear…