HI HB555

Amends Section 704-404, Hawaii Revised Statutes to clarify procedures for court-appointed examiners in fitness-to-proceed evaluations for criminal defendants.

Requires three qualified examiners in felony cases (at least one psychiatrist and one licensed psychologist) and one examiner in nonfelony cases, with all examiners appointed from a department of health certified list.

Clarifies that when a defendant is committed to a hospital or facility for examination, the commitment shall be pursuant to Section 334-74 regarding transfer of correctional facility residents, removing previous language specifying 30-day limits.

Repeals conflicting provisions from Act 231, Session Laws of Hawaii 2016 regarding fitness-to-proceed examination procedures.

Effective date: July 1, 2018.