HRS §704-409
Letting the defendant see their own experts
If a defendant wants their own doctors or experts to examine them, the facility holding them must allow reasonable access. This applies even if the facility has its own rules. The court decides what access is reasonable.
The statute, as written — 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.
Sections this one refers to
§704-404 Court-ordered mental exams when a defendant may be unfit for trial
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