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2024 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.
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