§704-409  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.