Chapter 704 Training Procedures, Problems & Solutions

Chapter 704 - Overview of the Forensic Process in Hawai'i

The goal of this training is to provide attendees with a comprehensive understanding of HRS Chapter 704 procedures, with an emphasis on ethical considerations, problem solving, and the revised standardized orders for the Third Circuit. This multi-agency training is intended for all stakeholders across the Third Circuit, including attorneys, judges, probation officers, public safety officers, mental health providers, and more.

The training will include a comprehensive overview of current procedures for navigating cases falling under Chapter 704 presented by representatives from the Office of the Public Defender, the Office of the Prosecuting Attorney, the Department of Health, judicial staff, and other agencies.

The morning session will include an overview of the 704 procedure and the 704 examination process. The morning will also include a discussion of procedures for the finding of unfitness to proceed, including committal, release on conditions, non-compliance with terms and conditions of release on conditions, and 704 bench warrants. The morning session will conclude with a discussion of treatment of non-violent petty misdemeanors under HRS sec. 704-421, as well as an overview of the jail diversion program.

The afternoon session will cover the examination of defendants, finding of fitness, including committal, penal responsibility and acquittal, and non-compliance with terms and conditions of conditional release.

The afternoon will conclude with a discussion of constitutional considerations and an hour-long presentation by the Hon. Wendy DeWeese on the ethical considerations involved in the 704 process.

Attorneys who attend the entire training are eligible for 4.5 hours of CLE credit + 1 hour of Ethics credit.