Haw. Rev. Stat. § 704-405
Determination of fitness to proceed
Hawaii · Hawaii Revised Statutes Chapter 704 — Penal Responsibility and Fitness to Proceed · Status: effective
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- Citation
- Haw. Rev. Stat. § 704-405, Determination of fitness to proceed, Hawaii, version 1 as recorded 2026-10-03, yourstate.us, https://yourstate.us/provision/2430290
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Full text
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 704-404, the court may make the determination on the basis of such report. If the finding is contested, the court shall hold a hearing on the issue. When the report is received in evidence upon such hearing, the party who contests the finding thereof shall have the right to summon and to cross-examine the persons who joined in the report or assisted in the examination and to offer evidence upon the issue.