Chapter 704

Opinion on ultimate issue

CHAPTER 704

PENAL RESPONSIBILITY AND FITNESS TO PROCEED

Section

704-400 Physical or mental disease, disorder, or defect

excluding penal responsibility

704-401 Evidence of physical or mental disease, disorder, or

defect admissible when relevant to state of mind

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

704-403 Physical or mental disease, disorder, or defect

excluding fitness to proceed

704-404 Examination of defendant with respect to physical or

mental disease, disorder, or defect excluding

fitness to proceed

704-405 Determination of fitness to proceed

704-406 Effect of finding of unfitness to proceed and

regained fitness to proceed

704-407 Special hearing following commitment or release on

conditions

704-407.5 Examination of defendant with respect to physical or

mental disease, disorder, or defect excluding penal

responsibility

704-408 Determination of irresponsibility

704-409 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

704-412 Committed person; application for conditional

release or discharge; by the director of health; by

the person

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

704-415 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

704-416.5 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

704-419 Repealed

704-420 Examination reports; provided to director of health

Note

L 2001, c 91, §4 purports to amend this chapter.

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).