2021 Hawaii Revised Statutes
Title 37. Hawaii Penal Code
704. Penal Responsibility and Fitness to Proceed
- 704-400 Physical or mental disease, disorder, or defect excluding penal responsibility. §704-400 Commentary:
- 704-401 Evidence of physical or mental disease, disorder, or defect admissible when relevant to state of mind. §704-401 Commentary:
- 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. §704-402 Commentary:
- 704-403 Physical or mental disease, disorder, or defect excluding fitness to proceed. §704-403 Commentary:
- 704-404 Examination of defendant with respect to physical or mental disease, disorder, or defect excluding fitness to proceed. §704-404 Commentary:
- 704-405 Determination of fitness to proceed. §704-405 Commentary:
- 704-406 Effect of finding of unfitness to proceed and regained fitness to proceed. §704-406 Commentary:
- 704-407 Special hearing following commitment or release on conditions §704-407 Commentary:
- 704-407.5 Examination of defendant with respect to physical or mental disease, disorder, or defect excluding penal responsibility.
- 704-408 Determination of irresponsibility. §704-408 Commentary:
- 704-409 Access to defendant by examiners of defendant's choice.
- 704-410 Form of expert testimony regarding physical or mental disease, disorder, or defect.
- 704-410.5 Conditional release; duration limited in nonfelony cases.
- 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. §704-411 Commentary:
- 704-412 Committed person; application for conditional release or discharge; by the director of health; by the person. §704-412 Commentary:
- 704-413 Conditional release; application for modification or discharge; termination of conditional release and commitment.
- 704-414 Procedure upon application for discharge, conditional release, or modification of conditions of release. §704-414 Commentary:
- 704-415 Disposition of application for discharge, conditional release, or modification of conditions of release.
- 704-416 Statements for purposes of examination or treatment inadmissible except on issue of physical or mental condition. §704-416 Commentary:
- 704-416.5 Supervision of person on conditional release.
- 704-417 Use of out-of-state institutions.
- 704-418 Immaturity excluding penal conviction; transfer of proceedings to family court. §704-418 Commentary:
- 704-419 REPEALED.
- 704-420 Examination reports; provided to director of health.
- 704-421 Proceedings for defendants charged with petty misdemeanors not involving violence or attempted violence; criminal justice diversion program.
Note
L 2001, c 91, 4 purports to amend this chapter.
Reports by judiciary to 2021-2023 legislature on the effectiveness of L 2020, c 26. L 2020, c 26, 8.
Law Journals and Reviews
Fitness to Proceed: Compassion or Prejudice? II HBJ, no. 13, at 135 (1998).
Case Notes
Chapter, based on model penal code, does not recognize diminished capacity as a distinct category of mitigation. 73 H. 109, 831 P.2d 512 (1992).
Trial court did not err in permitting prosecution to cross-examine defendant regarding defendant's non-statements to defendant's mental examiners where defendant's failure to mention defendant's concerns regarding aliens was clearly relevant to the question of whether defendant was being truthful when defendant testified at trial about having those concerns at the time of the incident, and 704-416 only addresses the admissibility of defendant's statements, not non-statements; thus, as the introduction of defendant's non-statements did not violate this chapter, defendant's right to a fair trial was not prejudiced by admission of the testimony. 116 H. 200, 172 P.3d 512 (2007).
Provisions of chapter apply only to issues raised under the chapter. 7 H. App. 402, 771 P.2d 899 (1989).
