HRS §704-403
When a mental or physical condition prevents a fair trial
Read the official text at capitol.hawaii.gov ↗If a person cannot understand the court process or help their own lawyer because of a physical or mental condition, they cannot be tried, convicted, or sentenced while that condition lasts. This rule protects people who are not able to participate in their defense.
courts
The statute, as written — Physical or mental disease, disorder, or defect excluding fitness to proceed
A copy, taken August 20, 2026. The version published by the Legislature is the one that governs, and it may have changed since. Check it before relying on anything here.
No person who as a result of a physical or mental disease, disorder, or defect lacks capacity to understand the proceedings against the person or to assist in the person's own defense shall be tried, convicted, or sentenced for the commission of an offense so long as such incapacity endures.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.