Hawaii Revised Statutes
704. Penal Responsibility and Fitness to Proceed
704-409 Access to defendant by examiners of defendant's choice.

§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 shall be permitted to have reasonable access to the defendant for the purposes of such examination. [L 1972, c 9, pt of §1; gen ch 1993]
COMMENTARY ON §704-409
The section makes it clear that a defendant in custody pending determination of the defendant's fitness to proceed or the defendant's penal responsibility shall be entitled to examination by medical experts of the defendant's own choice notwithstanding rules or regulations of the prison or hospital or other facility in which the defendant is held. Final determination of the question of reasonable access should reside with the court and not with the warden or hospital administrator.

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Structure Hawaii Revised Statutes

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: