State v. Tui.

OPINION OF THE COURT BY

McKENNA, J.

I. Introduction

This ease arises from a dispute regarding whether, under Hawai’i Revised Statutes (“HRS”) chapter 704, 1 custody of a defendant deemed unfit to proceed due to mental disease or disorder 2 can be transferred from the Director of Health (“Director”) to the Department of Public Safety (“DPS”) before a judicial determination that the defendant has regained fitness. The Circuit Court of the First Circuit (“circuit court”) 3 answered in the negative, and the Director appealed. The day after the Director’s appeal, the circuit court determined that the…