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Standardized Orders for HRS Chapter 704 Proceedings (Third Circuit)

Form Name Title of Document Form # Form Date
(Month/Yr.)
  TABLE OF CONTENTS 3C-P-500 04/2023
1. ORDERS FOR EXAMINATION OF DEFENDANT – §§704-404; 704-407.5      
MH-1 Order Suspending Proceedings for Examination of Defendant as to Fitness and Penal Responsibility
Pursuant to HRS Chapter 704; Order for Transport (§§704-404; 704-407.5)
3C-P-505 04/2023
MH-1.2

Order Suspending Proceedings for Examination of Defendant as to Fitness to Proceed Pursuant to HRS Chapter 704 and Order for Transport (§704-404) – [Fitness Only]

(formerly MH-2)

3C-P-506 04/2023
MH-1.3

Order for Examination of Defendant as to Penal Responsibility Pursuant to HRS Chapter 704 and Order for Transport (§704- 407.5) – [Penal Responsibility Only]

3C-P-507 04/2023
MH-1.4

Order Suspending Proceedings for Examination of Defendant Pursuant to HRS Chapter 704 and Order for Transport (ACT 26) (§§704-404(2)(a); 704-406(1)(a); 704-421) – [Non-Violent Petty Misdemeanor]

3C-P-508 04/2023
MH-1.5

Order Granting Motion for Neuropsychological Evaluation of Defendant and Order for Transport (§§704-404(2); 704-407.5(2))

3C-P-509 04/2023
MH-1.6

Order Extending Deadlines for Submission of Report(s) from Examiner(s) and Setting Further Court Date

(formerly MH-1B)

3C-P-510 04/2023
MH-1.7

Order Committing Defendant to the Custody of the Director of Health for the Purpose of Examination, Amending Place of Examination, and Order for Transport (§704-404(2))

(formerly MH-1A)

3C-P-511 04/2023
2. POST-EXAMINATION ORDERS REGARDING FITNESS – §704-406; ACT 26      

a. Orders Re:
Fit Defendants

 

   
MH-2.1

Order Finding Defendant Fit to Proceed after Fitness Examination Pursuant to Chapter 704 and Resuming Proceedings (§704-405)

(formerly MH-5)

3C-P-512 04/2023
b. Orders Re:
Unfit Defendants

 

   
MH-2.2

Order Finding Defendant Unfit to Proceed, Suspending Proceedings, Committing Defendant to the Custody of the Director of Health, Placing Defendant Pending Transport, and Order for Transport (§704-406(1)) (formerly MH-3)

3C-P-513 04/23
MH-2.3

Order Finding Defendant Unfit to Proceed, Suspending Proceedings, and Releasing Defendant on Conditions (§704-406(1)) (formerly MH-4)

3C-P-51 04/23
MH-2.4

Order Releasing Defendant on Conditions after Commitment (§704- 406(1))(formerly MH-3A)

3C-P-515 04/23
 MH-2.5

Order for Re-Examination as to Fitness to Proceed (§704-406(3)) (formerly MH-4A)

3C-P-516 04/23
c.  Orders of Dismissal & Discharge
(Unfit Defendants)

 

   
MH-2.6

Order of Dismissal and Release of Committed Defendant from the Custody of the Director of Health (§§704-406(1)(b); 704-406(7)) – [Non-Violent Misdemeanor; 120-Day Timeout] (formerly MH-3B)

3C-P-517 04/23
MH-2.7

Order of Dismissal and Commitment to the Custody of the Director of Health of Committed Defendant Subject to Prosecution for Other Charges and/or Involuntary Hospitalization (§§704-406(1)(b); 704- 406(7)) – [Non-Violent Misdemeanor; 120-Day Timeout] (formerly MH-3C)

3C-P-518 04/23
 MH-2.8

Order of Dismissal and Discharge of Defendant Released on Conditions (§§704-406(1)(b); 704-406(8)) – [Non-Violent Misdemeanor; 120-Day Timeout]

(formerly MH-4B)

3C-P-519 04/23
MH-2.9

Order of Dismissal and Commitment to the Custody of the Director of Health of Defendant Released on Conditions and Subject to Prosecution for Other Charges and/or Involuntary Hospitalization and Order for Transport (§704-406(1)(b); 704-406(8)) – [Non-Violent Misdemeanor; 120-Day Timeout]

(formerly MH-4C)

3C-P-520 04/23
MH-2.10

Order of Dismissal and Release of Committed Defendant Unlikely to Regain Fitness (§704-406(7)(a))

3C-P-521 04/23
 MH-2.11

Order of Dismissal and Discharge from Release on Conditions of Defendant Unlikely to Regain Fitness (§704-406(8)(a))

3C-P-522 04/23
MH-2.12

Order of Dismissal and Release of Defendant from the Custody of the Director of Health Pursuant to HRS Section 704-421 (Act 26) (§§704-404(2)(a); 704-421) [Non-Violent Petty Misdemeanor]

3C-P-523  04/23
3.  Judgments of Acquittal & Post-Acquittal Orders – §§704-411      
MH-3.1

Judgment of Acquittal, Order Committing Defendant to the Custody of the Director of Health, and Order for Transport (§ 704-411(1)(a))

(formerly MH-6)

3C-P-524 04/23
MH-3.2

Judgment of Acquittal and Order of Conditional Release (§704- 411(1)(b))

(formerly MH-7)

3C-P-525 04/23
MH-3.3

Judgment of Acquittal, Order Committing Defendant to the Custody of the Director of Health Pending Examination on the Issue of Defendant’s Risk of Danger, Setting Post-Acquittal Hearing, and Order and for Transport (§704-411(1), (2), and (3))

3C-P-526 04/23

4.  Non-Compliance With Terms & Conditions Of Release – §§704- 406; 704-413(1)

 

 

 

a. Orders for Temporary Hospitalization

 

   
MH-4.1

Order of Temporary Hospitalization for Non-Compliance with Release on Conditions and Order for Transport (§704-406) (formerly MH-11A)

3C-P-527 04/23
MH-4.2

Order of Temporary Hospitalization for Non-Compliance with Conditional Release (§704-413(1)) – [Probation Order]

(formerly MH-11)

3C-P-528 04/23
MH-4.3

Order on the Continued Hearing for Temporary Hospitalization of Defendant and Order for Transport (§§704-413(1); 704-406)

(formerly MH-12)

3C-P-529 04/23
MH-4.4

Order Terminating Temporary Hospitalization after Contested Hearing (§§704-413(1); 704-406)

(formerly MH-12A)

3C-P-530 04/23
MH-4.5

Order Granting Motion to Extend Temporary Hospitalization Beyond 72 Hours After Contested Hearing and Order for Transport (§§704- 413(1); 704-406)

(formerly MH-12B

3C-P-531 04/23

b. Orders Revoking/Reinstating Release on Conditions

 

   
MH-4.6

Order Revoking Release on Conditions, Committing Defendant to the Custody of the Director of Health, and Order for Transport (§704-406)

(formerly MH-15A)

3C-P-532 04/23
MH-4.7

Order Reinstating Release on Conditions and Granting the Withdrawal of State’s Motion to Revoke Release on Conditions (§704-406)

3C-P-533 04/23

c. Orders Revoking/Reinstating Conditional Release

 

   
MH-4.8

Order Revoking Conditional Release, Committing Defendant to the Custody of the Director of Health, and Order for Transport (§704- 413(4))

(formerly MH-15

3C-P-534 04/23
MH-4.9

Order Revoking Conditional Release after Temporary  Hospitalization Hearing, Committing Defendant to the Custody of the Director of Health, and Order for Transport (§704-413(4))

(formerly MH-16)

3C-P-535 04/23
MH-4.10

Order Reinstating Conditional Release and Granting the Withdrawal of State’s Motion to Revoke Conditional Release (§704-413(1))

(formerly MH-19)

3C-P-536  04/23

5.  Orders Regarding Applications for Conditional Release, Modification, or Discharge – §§704-412; 704-413(2), (3)

 

 

 

MH-5.1

Order for Examination of Committed Defendant upon Application for Conditional Release or Discharge from the Custody of the Director of Health, Setting a Hearing on the Application, and Order for Transport (§§704-412(1), (2); 704-414; 704-415) (formerly MH-8)

3C-P-537 04/23
MH-5.2

Order Granting Application for Conditional Release or Discharge from the Custody of the Director of Health (§§704-412(1), (2); 704- 414; 704-415) (formerly MH-10)

3C-P-538  04/23
MH-5.3

Order for Examination of Defendant upon Application for Modification of Terms and Conditions of Conditional Release and Setting a Hearing on the Application (§§704-413(2), (3); 707-414)

(formerly MH-13)

3C-P-539 04/23
MH-5.4

Order Granting Application for Modification of Terms and Conditions of Conditional Release (§§704-413(2), (3); 707-414; 704-415)

(formerly MH-18)

3C-P-540 04/23
 MH-5.5

Order for Examination of Defendant upon Application for Discharge from Conditional Release and Further Court Supervision and Setting a Hearing on the Application (§§704-413(2), (3); 707-414)

(formerly MH-14)

3C-P-541 04/23
MH-5.6

Order Granting Application for Discharge from Conditional Release and Further Court Supervision (§§704-413; 707-414; 704-415)

(formerly MH-17)

3C-P-542 04/23
MH-5.7

Order Discharging Defendant from Conditional Release after Expiration of One-Year Period (§704-410.5) – [Non-Felony Charges; One-Year Timeout]

3C-P-543 04/23
 6.  Orders for Transport      
MH-6.1

Order for Transport to Court (formerly MH-20)

3C-P-504 04/23
MH-6.2

Order for Transport to Department of Health Facility (formerly MH-21)

3C-P-503 04/23
7.  Bench Warrants      
MH-7.1

Bench Warrant (§704-406) – [Non-Compliance with Release on Conditions

3C-P-502 04/23
MH-7.2

Bench Warrant (§704-413(4)) – [Non-Compliance with Conditional Release]

3C-P-501 04/23