Form KMH-1C "Order Suspending Proceedings, for Examination of Defendant Under Hrs Chapter 704, and Setting Further Court Date, Fitness Only" - Hawaii

What Is Form KMH-1C?

This is a legal form that was released by the Hawaii Circuit Court - a government authority operating within Hawaii. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on December 1, 2018;
  • The latest edition provided by the Hawaii Circuit Court;
  • Easy to use and ready to print;
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  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a printable version of Form KMH-1C by clicking the link below or browse more documents and templates provided by the Hawaii Circuit Court.

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Download Form KMH-1C "Order Suspending Proceedings, for Examination of Defendant Under Hrs Chapter 704, and Setting Further Court Date, Fitness Only" - Hawaii

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(
KMH-1C)OrderExamFit (rev 12/2018)
FAX Distribution to:
Prosecutor
808 241-1758
Defense Attorney
Public Defender 808 274-3422
Private Attorney
Adult Probation
808 482-2652
State Designate
808 832-1855
nd
2
Examiner Dr.
3
rd
Examiner Dr.
KCMHC Forensics
808 241-3133
AMHD Forensics
808 777-6169
Sheriff Division
808 482-2389
KPD Cellblock
808 241-1645
KCCC
808 241-3059
OCCC
808 832-1412
HSH Forensics
808 236-8716
Kahi Mohala
808 677-2810
Other
Other
IN THE CIRCUIT COURT OF THE FIFTH CIRCUIT
STATE OF HAWAII
STATE OF HAWAII,
) CR. No.___________________________
) FC-CR. ___________________________
) REP. NO(S): _______________________
)
[List offenses or attach complaint, information or
)
indictment]
vs.
)
)
______________________________, ) ORDER SUSPENDING PROCEEDINGS,
) FOR EXAMINATION OF DEFENDANT
Defendant.
) UNDER HRS CHAPTER 704, AND
) SETTING FURTHER COURT DATE
)
[Fitness Only]
) Hearing Date: ____________________
) JUDGE: _________________________
)
1
(
KMH-1C)OrderExamFit (rev 12/2018)
FAX Distribution to:
Prosecutor
808 241-1758
Defense Attorney
Public Defender 808 274-3422
Private Attorney
Adult Probation
808 482-2652
State Designate
808 832-1855
nd
2
Examiner Dr.
3
rd
Examiner Dr.
KCMHC Forensics
808 241-3133
AMHD Forensics
808 777-6169
Sheriff Division
808 482-2389
KPD Cellblock
808 241-1645
KCCC
808 241-3059
OCCC
808 832-1412
HSH Forensics
808 236-8716
Kahi Mohala
808 677-2810
Other
Other
IN THE CIRCUIT COURT OF THE FIFTH CIRCUIT
STATE OF HAWAII
STATE OF HAWAII,
) CR. No.___________________________
) FC-CR. ___________________________
) REP. NO(S): _______________________
)
[List offenses or attach complaint, information or
)
indictment]
vs.
)
)
______________________________, ) ORDER SUSPENDING PROCEEDINGS,
) FOR EXAMINATION OF DEFENDANT
Defendant.
) UNDER HRS CHAPTER 704, AND
) SETTING FURTHER COURT DATE
)
[Fitness Only]
) Hearing Date: ____________________
) JUDGE: _________________________
)
1
ORDER SUSPENDING PROCEEDINGS, FOR EXAMINATION OF DEFENDANT
UNDER HRS CHAPTER 704, AND SETTING FURTHER COURT DATE
A motion for examination under Section 704-404, Hawaii Revised Statutes
(“HRS”), was made:
[
]
by Defendant
[
]
by State of Hawaii
[
]
sua sponte by the Court
Said motion came on for hearing on
.
Defendant was present
[
] in person
[
] via videoconferencing.
Defendant’s counsel, ____________________________, and Deputy Prosecuting
Attorney ____________________________, representing the State of Hawaii, were
present.
Finding good cause, IT IS HEREBY ORDERED that:
A.
SUSPENSION OF PROCEEDINGS, HRS § 704-404(1)
Further proceedings herein shall be suspended except for matters pertaining to
bail.
B.
APPOINTMENT OF EXAMINER(S), HRS §704-404(2)
Defendant shall be examined by:
G
State Designate
Adult Mental Health Division
Court Evaluation Branch
1700 Lanakila Street
Honolulu, Hawaii 96817
G
Psychiatrist’s name
Psychiatrist’s, Psychologist’s or Physician’s name
C.
DATABASE, HRS §704-404(8)
The Adult Client Probation Services Branch shall obtain and timely make
available for inspection by the examiner(s), all existing medical, mental health, social,
2
police and juvenile records, including those expunged, and other pertinent records in
the custody of public agencies, notwithstanding any other statutes and Rule 16 of the
Hawaii Rules of Penal Procedure.
The court further orders that alcohol and drug abuse patient records
within the scope of 42 C.F.R. part 2 that are in the custody of public
agencies be provided to the Adult Client Probation Services for review by
the examiner(s).
D.
PLACE OF DETENTION AND/OR EXAMINATION
Defendant shall be examined at:
G
The Kauai Community Correctional Center, or other correctional facility
as deemed appropriate by the Director of Public Safety.
G
The Kauai Judiciary Complex, 3970 Kaana Street, Lihue, Kauai, in a
secured detention area interview room to be specified by the Department
of Public Safety Sheriffs Division.
Arrangements shall be made by
contacting the Sheriffs Division at (808) 482-2472 not less than three (3)
business days before the desired examination date.
G
A hospital or other suitable facility designated by the Director of Health
[“DOH Facility”] to which the Defendant is ordered committed until
____________________________ (a period not exceeding 30 days),
unless the Court determines that a longer period is necessary.
Counsel for the parties have stipulated that a period in excess of 30 days
is necessary and the Court so orders.
G
The place, date and time requested by the examiner(s). To arrange
Defendant’s appointment with the examiner(s), examiner(s) shall contact:
Office of the Public Defender
Deputy Public Defender
Telephone: (808) 241-7128
Defendant’s Attorney
,
Telephone:
E.
CONTENTS OF REPORT, HRS §§704-404(4), (5), (6), (7), 704-405, 704-406
The report(s) of the above-identified examiner(s) shall include the following:
1.
A description of the nature of the examination.
3
2.
An opinion as to Defendant’s capacity to understand the proceedings
against Defendant and to assist in Defendant’s own defense.
3.
An assessment of the risk of danger to the Defendant or to the person or
property of others for consideration and determination of the Defendant’s
release on conditions.
4
Where more than one examiner is appointed, a statement that the opinion
rendered was arrived at independently of any other examiner, unless
there is a showing to the court of a clear need for communication
between
the
examiners
for
clarification.
A
description
of
the
communication shall be included in the report.
5.
The report may include a diagnosis if the examiner is able to render an
opinion based on the information provided.
6.
If Defendant’s capacity to understand the proceedings against Defendant
and/or assist in Defendant’s own defense is impaired:
a.
Should Defendant be committed to the custody of the Director of
Health to be placed in an appropriate institution for detention, care,
and treatment because Defendant, as a result of Defendants
present mental condition, is a danger to Defendant, or the person
or property of others? HRS §704-406(1); or
b.
May Defendant be released on conditions without danger to
Defendant or to another or a risk of substantial danger to property
of others, and if so, what are those conditions? HRS §704-406(1).
7.
Is there a substantial likelihood that Defendant will acquire the capacity to
understand the proceedings against Defendant and/or to assist in
Defendant’s own defense within a reasonable period of time? If so
provide an estimate of the reasonable period of time. HRS §704-406(3).
8.
If the examination cannot be conducted by reason of the unwillingness of
Defendant to participate therein, the report shall so state and shall
include, if possible, an opinion as to whether Defendant’s unwillingness
was the result of physical or mental disease, disorder, or defect.
9.
Any examiner shall be permitted to make a separate explanation
reasonably serving to clarify the examiner’s diagnosis or opinion.
4
F.
OTHER
________________________________________________________________
________________________________________________________________
________________________________________________________________
G.
DUE DATE OF EXAMINER’S REPORT
The examiner(s) shall file a written report with the Court no later than
________________________________. An original plus three copies of the report of
the examination, including any supporting documents, shall be filed with the clerk of the
above-entitled court for distribution to the prosecuting attorney, defendant’s counsel
and the Adult Client Probation Services Branch.
H.
NEXT COURT DATE
Pursuant to Section 704-405, HRS, the issue of Defendant’s fitness to proceed
shall be determined by the Court.
Defendant is ordered to appear before this
Court on ___________________________________________________, 20____, at
________ ___.m. or sooner, if the examiner(s) has/have completed the
examination, and defense counsel can set an earlier court hearing. If, on the date
of such hearing, the Defendant’s treating physician determines that transport to the
hearing would present a risk of danger to Defendant or others, or if Defendant chooses
to waive his/her physical presence at the hearing, Defendant’s presence at the hearing
may be by way of Video-Conferencing.
DATED: Lihue, Hawaii,
____________________________
Judge
APPROVED AS TO FORM on
:
_____________________________
Deputy Prosecuting Attorney
Defense Counsel
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