Chapter 704 Training Procedures, Problems & Solutions
About this Event
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 J*il 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.
Agenda
🕑: 08:30 AM - 09:00 AM
Registration
Info: Light breakfast will be provided by WHBA
🕑: 09:00 AM - 09:30 AM
Introduction/overview
Info: Introduction - Hon. Wendy M. DeWeese, Chief Judge, Third Circuit Court
Overview - Presented by: Ann S. Datta, Esq., Former Supervisor, Office of the Public Defender; Retired District Court Per Diem Judge
🕑: 09:30 AM - 10:15 AM
Examination of Defendant under Chapter 704
Info: Chapter 704 Procedures
1) Examination of Defendants under Chapter 704
Presented by:
● Dr. Brenda Bauer-Smith, DOH Court Evaluation Branch
● Cynthia Pangan, Supervisor, Adult Client Services
🕑: 10:15 AM - 10:00 AM
Break - 15 Minutes
🕑: 10:30 AM - 11:30 AM
Chapter 704 Procedures, continued
Info: 2) Finding of Unfitness to Proceed
a) Committal
b) Release on Conditions (ROC)
c) Non-Compliance with Release on Conditions and 704 Bench Warrant Procedures
d) Disposition of Unfit Defendants
Presented by:
● Kori Weinberger, Esq., Staff Attorney for the Third Circuit Court and former Prosecutor
● Dr. Hawken Shields, Forensic Section Supervisor, HI County - Adult Mental Health Services Division
🕑: 11:30 AM - 12:00 PM
3) Procedures for Non-Violent Petty Misdemeanors and J*il Diversion
Info: Presented by:
● Matthew Woodward, Esq., Office of the Prosecuting Attorney
● Ann S. Datta, Esq.
🕑: 12:00 PM - 01:00 PM
Lunch Break - 60 Minutes - Light lunch will be provided by WHBA
🕑: 01:00 PM - 02:00 PM
Chapter 704 Procedures, continued
Info: 4) Procedures for Defendants Found Fit to Proceed
a. Committal/ Transport to DOH Facility
b. Penal Responsibility and Acquittal
c. Procedures for Non-Compliance with Conditional Release and 704 Bench Warrants
Presented by:
● Rachel Thompson, Esq., Supervisor, Office of the Public Defender
● Lezlie Kiaha, Esq., Office of the Public Defender
🕑: 02:00 PM - 02:15 PM
Break - 15 Minutes
🕑: 02:15 PM - 02:30 PM
Constitutional Considerations
Info: Presented by:
● Kori Weinberger, Esq.
🕑: 02:30 PM - 03:30 PM
Ethical Considerations
Info: ● Hon. Wendy DeWeese, Chief Judge, Third Circuit Court
🕑: 03:30 PM
General Questions and Answers
🕑: 03:45 PM
Closing Remarks - Hon. Wendy M. DeWeese
🕑: 04:00 PM
Training Ends - CLE Certificates distributed to attorneys
Where is it happening?
Event Location & Nearby Stays:
USD 0.00
