US (United States) Code. Title 18. Chapter 313: Offenders with mental disease or defect

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Crimes and criminal procedure. Prisons and prisoners

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publicidad

-CITE-

18 USC CHAPTER 313 - OFFENDERS WITH MENTAL DISEASE OR

DEFECT 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART III - PRISONS AND PRISONERS

CHAPTER 313 - OFFENDERS WITH MENTAL DISEASE OR DEFECT

.

-HEAD-

CHAPTER 313 - OFFENDERS WITH MENTAL DISEASE OR DEFECT

-MISC1-

Sec.

4241. Determination of mental competency to stand trial.

4242. Determination of the existence of insanity at the time of the

offense.

4243. Hospitalization of a person found not guilty only by reason

of insanity.

4244. Hospitalization of a convicted person suffering from mental

disease or defect.

4245. Hospitalization of an imprisoned person suffering from mental

disease or defect.

4246. Hospitalization of a person due for release but suffering

from mental disease or defect.

4247. General provisions for chapter.

AMENDMENTS

1984 - Pub. L. 98-473, title II, Sec. 403(a), Oct. 12, 1984, 98

Stat. 2057, substituted ''OFFENDERS WITH MENTAL DISEASE OR DEFECT''

for ''MENTAL DEFECTIVES'' in chapter heading, ''Determination of

mental competency to stand trial'' for ''Examination and transfer

to hospital'' in item 4241, ''Determination of the existence of

insanity at the time of the offense'' for ''Retransfer upon

recovery'' in item 4242, ''Hospitalization of a person found not

guilty only by reason of insanity'' for ''Delivery to state

authorities on expiration of sentence'' in item 4243,

''Hospitalization of a convicted person suffering from mental

disease or defect'' for ''Mental competency after arrest and before

trial'' in item 4244, ''Hospitalization of an imprisoned person

suffering from mental disease or defect'' for ''Mental incompetency

undisclosed at trial'' in item 4245, ''Hospitalization of a person

due for release but suffering from mental disease or defect'' for

''Procedure upon finding of mental incompetency'' in item 4246, and

''General provisions for chapter'' for ''Alternate procedure on

expiration of sentence'' in item 4247, and struck out item 4248

''Termination of custody by release or transfer''.

1951 - Act Oct. 31, 1951, ch. 655, Sec. 33, 65 Stat. 723,

inserted ''on expiration of sentence'' in item 4243.

1949 - Act Sept. 7, 1949, ch. 535, Sec. 2, 63 Stat. 688, added

items 4244 to 4248.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 3006A of this title; title

10 section 876b.

-CITE-

18 USC Sec. 4241 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART III - PRISONS AND PRISONERS

CHAPTER 313 - OFFENDERS WITH MENTAL DISEASE OR DEFECT

-HEAD-

Sec. 4241. Determination of mental competency to stand trial

-STATUTE-

(a) Motion To Determine Competency of Defendant. - At any time

after the commencement of a prosecution for an offense and prior to

the sentencing of the defendant, the defendant or the attorney for

the Government may file a motion for a hearing to determine the

mental competency of the defendant. The court shall grant the

motion, or shall order such a hearing on its own motion, if there

is reasonable cause to believe that the defendant may presently be

suffering from a mental disease or defect rendering him mentally

incompetent to the extent that he is unable to understand the

nature and consequences of the proceedings against him or to assist

properly in his defense.

(b) Psychiatric or Psychological Examination and Report. - Prior

to the date of the hearing, the court may order that a psychiatric

or psychological examination of the defendant be conducted, and

that a psychiatric or psychological report be filed with the court,

pursuant to the provisions of section 4247(b) and (c).

(c) Hearing. - The hearing shall be conducted pursuant to the

provisions of section 4247(d).

(d) Determination and Disposition. - If, after the hearing, the

court finds by a preponderance of the evidence that the defendant

is presently suffering from a mental disease or defect rendering

him mentally incompetent to the extent that he is unable to

understand the nature and consequences of the proceedings against

him or to assist properly in his defense, the court shall commit

the defendant to the custody of the Attorney General. The Attorney

General shall hospitalize the defendant for treatment in a suitable

facility -

(1) for such a reasonable period of time, not to exceed four

months, as is necessary to determine whether there is a

substantial probability that in the foreseeable future he will

attain the capacity to permit the trial to proceed; and

(2) for an additional reasonable period of time until -

(A) his mental condition is so improved that trial may

proceed, if the court finds that there is a substantial

probability that within such additional period of time he will

attain the capacity to permit the trial to proceed; or

(B) the pending charges against him are disposed of according

to law;

whichever is earlier.

If, at the end of the time period specified, it is determined that

the defendant's mental condition has not so improved as to permit

the trial to proceed, the defendant is subject to the provisions of

section 4246.

(e) Discharge. - When the director of the facility in which a

defendant is hospitalized pursuant to subsection (d) determines

that the defendant has recovered to such an extent that he is able

to understand the nature and consequences of the proceedings

against him and to assist properly in his defense, he shall

promptly file a certificate to that effect with the clerk of the

court that ordered the commitment. The clerk shall send a copy of

the certificate to the defendant's counsel and to the attorney for

the Government. The court shall hold a hearing, conducted pursuant

to the provisions of section 4247(d), to determine the competency

of the defendant. If, after the hearing, the court finds by a

preponderance of the evidence that the defendant has recovered to

such an extent that he is able to understand the nature and

consequences of the proceedings against him and to assist properly

in his defense, the court shall order his immediate discharge from

the facility in which he is hospitalized and shall set the date for

trial. Upon discharge, the defendant is subject to the provisions

of chapter 207.

(f) Admissibility of Finding of Competency. - A finding by the

court that the defendant is mentally competent to stand trial shall

not prejudice the defendant in raising the issue of his insanity as

a defense to the offense charged, and shall not be admissible as

evidence in a trial for the offense charged.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 855; Pub. L. 98-473, title II,

Sec. 403(a), Oct. 12, 1984, 98 Stat. 2057.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 876 (May 13, 1930, ch.

254, Sec. 6, 46 Stat. 271).

Changes were made in phraseology and surplusage omitted.

AMENDMENTS

1984 - Pub. L. 98-473 amended section generally, substituting

''Determination of mental competency to stand trial'' for

''Examination and transfer to hospital'' in section catchline, and

substituting provisions relating to motion, report, hearing, etc.,

for determination of competency of defendant, for provisions

relating to boards of examiners for examination of inmates of

Federal penal and correctional institutions and transfer of such

inmates to hospitals.

SHORT TITLE OF 1984 AMENDMENT

Section 401 of chapter IV (Sec. 401-406) of title II of Pub. L.

98-473 provided that: ''This chapter (enacting section 20 of this

title and amending this chapter, section 3006A of this title, and

rule 12.2 of the Federal Rules of Criminal Procedure and rule 704

of the Federal Rules of Evidence set out in the Appendix to this

title) may be sited (cited) as the 'Insanity Defense Reform Act of

1984'.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4246, 4247 of this title;

title 10 section 876b.

-CITE-

18 USC Sec. 4242 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART III - PRISONS AND PRISONERS

CHAPTER 313 - OFFENDERS WITH MENTAL DISEASE OR DEFECT

-HEAD-

Sec. 4242. Determination of the existence of insanity at the time

of the offense

-STATUTE-

(a) Motion for Pretrial Psychiatric or Psychological Examination.

- Upon the filing of a notice, as provided in Rule 12.2 of the

Federal Rules of Criminal Procedure, that the defendant intends to

rely on the defense of insanity, the court, upon motion of the

attorney for the Government, shall order that a psychiatric or

psychological examination of the defendant be conducted, and that a

psychiatric or psychological report be filed with the court,

pursuant to the provisions of section 4247(b) and (c).

(b) Special Verdict. - If the issue of insanity is raised by

notice as provided in Rule 12.2 of the Federal Rules of Criminal

Procedure on motion of the defendant or of the attorney for the

Government, or on the court's own motion, the jury shall be

instructed to find, or, in the event of a nonjury trial, the court

shall find the defendant -

(1) guilty;

(2) not guilty; or

(3) not guilty only by reason of insanity.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 855; Pub. L. 98-473, title II,

Sec. 403(a), Oct. 12, 1984, 98 Stat. 2059.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 877 (May 13, 1930, ch.

254, Sec. 7, 46 Stat. 272).

Minor change was made in phraseology.

AMENDMENTS

1984 - Pub. L. 98-473 amended section generally, substituting

''Determination of the existence of insanity at the time of the

offense'' for ''Retransfer upon recovery'' in section catchline,

and substituting provisions relating to motion for pretrial

psychiatric or psychological examination, and special verdict, for

provisions relating to retransfer to a penal or correctional

institution upon recovery of an inmate of the United States

hospital for defective delinquents.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4247 of this title.

-CITE-

18 USC Sec. 4243 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART III - PRISONS AND PRISONERS

CHAPTER 313 - OFFENDERS WITH MENTAL DISEASE OR DEFECT

-HEAD-

Sec. 4243. Hospitalization of a person found not guilty only by

reason of insanity

-STATUTE-

(a) Determination of Present Mental Condition of Acquitted

Person. - If a person is found not guilty only by reason of

insanity at the time of the offense charged, he shall be committed

to a suitable facility until such time as he is eligible for

release pursuant to subsection (e).

(b) Psychiatric or Psychological Examination and Report. - Prior

to the date of the hearing, pursuant to subsection (c), the court

shall order that a psychiatric or psychological examination of the

defendant be conducted, and that a psychiatric or psychological

report be filed with the court, pursuant to the provisions of

section 4247(b) and (c).

(c) Hearing. - A hearing shall be conducted pursuant to the

provisions of section 4247(d) and shall take place not later than

forty days following the special verdict.

(d) Burden of Proof. - In a hearing pursuant to subsection (c) of

this section, a person found not guilty only by reason of insanity

of an offense involving bodily injury to, or serious damage to the

property of, another person, or involving a substantial risk of

such injury or damage, has the burden of proving by clear and

convincing evidence that his release would not create a substantial

risk of bodily injury to another person or serious damage of

property of another due to a present mental disease or defect.

With respect to any other offense, the person has the burden of

such proof by a preponderance of the evidence.

(e) Determination and Disposition. - If, after the hearing, the

court fails to find by the standard specified in subsection (d) of

this section that the person's release would not create a

substantial risk of bodily injury to another person or serious

damage of property of another due to a present mental disease or

defect, the court shall commit the person to the custody of the

Attorney General. The Attorney General shall release the person to

the appropriate official of the State in which the person is

domiciled or was tried if such State will assume responsibility for

his custody, care, and treatment. The Attorney General shall make

all reasonable efforts to cause such a State to assume such

responsibility. If, notwithstanding such efforts, neither such

State will assume such responsibility, the Attorney General shall

hospitalize the person for treatment in a suitable facility until -

(1) such a State will assume such responsibility; or

(2) the person's mental condition is such that his release, or

his conditional release under a prescribed regimen of medical,

psychiatric, or psychological care or treatment, would not create

a substantial risk of bodily injury to another person or serious

damage to property of another;

whichever is earlier. The Attorney General shall continue

periodically to exert all reasonable efforts to cause such a State

to assume such responsibility for the person's custody, care, and

treatment.

(f) Discharge. - When the director of the facility in which an

acquitted person is hospitalized pursuant to subsection (e)

determines that the person has recovered from his mental disease or

defect to such an extent that his release, or his conditional

release under a prescribed regimen of medical, psychiatric, or

psychological care or treatment, would no longer create a

substantial risk of bodily injury to another person or serious

damage to property of another, he shall promptly file a certificate

to that effect with the clerk of the court that ordered the

commitment. The clerk shall send a copy of the certificate to the

person's counsel and to the attorney for the Government. The court

shall order the discharge of the acquitted person or, on the motion

of the attorney for the Government or on its own motion, shall hold

a hearing, conducted pursuant to the provisions of section 4247(d),

to determine whether he should be released. If, after the hearing,

the court finds by the standard specified in subsection (d) that

the person has recovered from his mental disease or defect to such

an extent that -

(1) his release would no longer create a substantial risk of

bodily injury to another person or serious damage to property of

another, the court shall order that he be immediately discharged;

or

(2) his conditional release under a prescribed regimen of

medical, psychiatric, or psychological care or treatment would no

longer create a substantial risk of bodily injury to another

person or serious damage to property of another, the court shall

-

(A) order that he be conditionally discharged under a

prescribed regimen of medical, psychiatric, or psychological

care or treatment that has been prepared for him, that has been

certified to the court as appropriate by the director of the

facility in which he is committed, and that has been found by

the court to be appropriate; and

(B) order, as an explicit condition of release, that he

comply with the prescribed regimen of medical, psychiatric, or

psychological care or treatment.

The court at any time may, after a hearing employing the same

criteria, modify or eliminate the regimen of medical, psychiatric,

or psychological care or treatment.

(g) Revocation of Conditional Discharge. - The director of a

medical facility responsible for administering a regimen imposed on

an acquitted person conditionally discharged under subsection (f)

shall notify the Attorney General and the court having jurisdiction

over the person of any failure of the person to comply with the

regimen. Upon such notice, or upon other probable cause to believe

that the person has failed to comply with the prescribed regimen of

medical, psychiatric, or psychological care or treatment, the

person may be arrested, and, upon arrest, shall be taken without

unnecessary delay before the court having jurisdiction over him.

The court shall, after a hearing, determine whether the person

should be remanded to a suitable facility on the ground that, in

light of his failure to comply with the prescribed regimen of

medical, psychiatric, or psychological care or treatment, his

continued release would create a substantial risk of bodily injury

to another person or serious damage to property of another.

(h) Limitations on Furloughs. - An individual who is hospitalized

under subsection (e) of this section after being found not guilty

only by reason of insanity of an offense for which subsection (d)

of this section creates a burden of proof of clear and convincing

evidence, may leave temporarily the premises of the facility in

which that individual is hospitalized only -

(1) with the approval of the committing court, upon notice to

the attorney for the Government and such individual, and after

opportunity for a hearing;

(2) in an emergency; or

(3) when accompanied by a Federal law enforcement officer (as

defined in section 115 of this title).

(i) Certain Persons Found Not Guilty by Reason of Insanity in the

District of Columbia. -

(1) Transfer to custody of the attorney general. -

Notwithstanding section 301(h) of title 24 of the District of

Columbia Code, and notwithstanding subsection 4247(j) of this

title, all persons who have been committed to a hospital for the

mentally ill pursuant to section 301(d)(1) of title 24 of the

District of Columbia Code, and for whom the United States has

continuing financial responsibility, may be transferred to the

custody of the Attorney General, who shall hospitalize the person

for treatment in a suitable facility.

(2) Application. -

(A) In general. - The Attorney General may establish custody

over such persons by filing an application in the United States

District Court for the District of Columbia, demonstrating that

the person to be transferred is a person described in this

subsection.

(B) Notice. - The Attorney General shall, by any means

reasonably designed to do so, provide written notice of the

proposed transfer of custody to such person or such person's

guardian, legal representative, or other lawful agent. The

person to be transferred shall be afforded an opportunity, not

to exceed 15 days, to respond to the proposed transfer of

custody, and may, at the court's discretion, be afforded a

hearing on the proposed transfer of custody. Such hearing, if

granted, shall be limited to a determination of whether the

constitutional rights of such person would be violated by the

proposed transfer of custody.

(C) Order. - Upon application of the Attorney General, the

court shall order the person transferred to the custody of the

Attorney General, unless, pursuant to a hearing under this

paragraph, the court finds that the proposed transfer would

violate a right of such person under the United States

Constitution.

(D) Effect. - Nothing in this paragraph shall be construed to

-

(i) create in any person a liberty interest in being

granted a hearing or notice on any matter;

(ii) create in favor of any person a cause of action

against the United States or any officer or employee of the

United States; or

(iii) limit in any manner or degree the ability of the

Attorney General to move, transfer, or otherwise manage any

person committed to the custody of the Attorney General.

(3) Construction with other sections. - Subsections (f) and (g)

and section 4247 shall apply to any person transferred to the

custody of the Attorney General pursuant to this subsection.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 855; Pub. L. 98-473, title II,

Sec. 403(a), Oct. 12, 1984, 98 Stat. 2059; Pub. L. 100-690, title

VII, Sec. 7043, Nov. 18, 1988, 102 Stat. 4400; Pub. L. 104-294,

title III, Sec. 301(a), Oct. 11, 1996, 110 Stat. 3494.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 878 (May 13, 1930, ch.

254, Sec. 8, 46 Stat. 272).

Changes were made in translations and phraseology, and

unnecessary words omitted.

AMENDMENTS

1996 - Subsec. (i). Pub. L. 104-294 added subsec. (i).

1988 - Subsec. (h). Pub. L. 100-690 added subsec. (h).

1984 - Pub. L. 98-473 amended section generally, substituting

''Hospitalization of a person found not guilty only by reason of

insanity'' for ''Delivery to state authorities on expiration of

sentence'' in section catchline, and substituting provisions

relating to determination of present mental condition of acquitted

person, examination and report, hearing, etc., for provisions

relating to duties of the superintendent of the United States

hospital for defective delinquents regarding delivery to state

authorities on expiration of sentence of any insane person.

SEVERABILITY

Section 301(d) of Pub. L. 104-294 provided that: ''If any

provision of this section (amending this section and enacting

provisions set out as notes below), an amendment made by this

section, or the application of such provision or amendment to any

person or circumstance is held to be unconstitutional, the

remainder of this section and the amendments made by this section

shall not be affected thereby.''

TRANSFER OF RECORDS

Section 301(b) of Pub. L. 104-294 provided that:

''Notwithstanding any provision of the District of Columbia Code or

any other provision of law, the District of Columbia and St.

Elizabeth's Hospital -

''(1) not later than 30 days after the date of enactment of

this Act (Oct. 11, 1996), shall provide to the Attorney General

copies of all records in the custody or control of the District

or the Hospital on such date of enactment pertaining to persons

described in section 4243(i) of title 18, United States Code (as

added by subsection (a));

''(2) not later than 30 days after the creation of any records

by employees, agents, or contractors of the District of Columbia

or of St. Elizabeth's Hospital pertaining to persons described in

section 4243(i) of title 18, United States Code, provide to the

Attorney General copies of all such records created after the

date of enactment of this Act;

''(3) shall not prevent or impede any employee, agent, or

contractor of the District of Columbia or of St. Elizabeth's

Hospital who has obtained knowledge of the persons described in

section 4243(i) of title 18, United States Code, in the

employee's professional capacity from providing that knowledge to

the Attorney General, nor shall civil or criminal liability

attach to such employees, agents, or contractors who provide such

knowledge; and

''(4) shall not prevent or impede interviews of persons

described in section 4243(i) of title 18, United States Code, by

representatives of the Attorney General, if such persons

voluntarily consent to such interviews.''

CLARIFICATION OF EFFECT ON CERTAIN TESTIMONIAL PRIVILEGES

Section 301(c) of Pub. L. 104-294 provided that: ''The amendments

made by this section (amending this section and enacting provisions

set out as notes above) shall not be construed to affect in any

manner any doctor-patient or psychotherapist-patient testimonial

privilege that may be otherwise applicable to persons found not

guilty by reason of insanity and affected by this section.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3154, 3603, 4247 of this

title; title 10 section 876b; title 28 section 1826.

-CITE-

18 USC Sec. 4244 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART III - PRISONS AND PRISONERS

CHAPTER 313 - OFFENDERS WITH MENTAL DISEASE OR DEFECT

-HEAD-

Sec. 4244. Hospitalization of a convicted person suffering from

mental disease or defect

-STATUTE-

(a) Motion To Determine Present Mental Condition of Convicted

Defendant. - A defendant found guilty of an offense, or the

attorney for the Government, may, within ten days after the

defendant is found guilty, and prior to the time the defendant is

sentenced, file a motion for a hearing on the present mental

condition of the defendant if the motion is supported by

substantial information indicating that the defendant may presently

be suffering from a mental disease or defect for the treatment of

which he is in need of custody for care or treatment in a suitable

facility. The court shall grant the motion, or at any time prior

to the sentencing of the defendant shall order such a hearing on

its own motion, if it is of the opinion that there is reasonable

cause to believe that the defendant may presently be suffering from

a mental disease or defect for the treatment of which he is in need

of custody for care or treatment in a suitable facility.

(b) Psychiatric or Psychological Examination and Report. - Prior

to the date of the hearing, the court may order that a psychiatric

or psychological examination of the defendant be conducted, and

that a psychiatric or psychological report be filed with the court,

pursuant to the provisions of section 4247(b) and (c). In addition

to the information required to be included in the psychiatric or

psychological report pursuant to the provisions of section 4247(c),

if the report includes an opinion by the examiners that the

defendant is presently suffering from a mental disease or defect

but that it is not such as to require his custody for care or

treatment in a suitable facility, the report shall also include an

opinion by the examiner concerning the sentencing alternatives that

could best accord the defendant the kind of treatment he does need.

(c) Hearing. - The hearing shall be conducted pursuant to the

provisions of section 4247(d).

(d) Determination and Disposition. - If, after the hearing, the

court finds by a preponderance of the evidence that the defendant

is presently suffering from a mental disease or defect and that he

should, in lieu of being sentenced to imprisonment, be committed to

a suitable facility for care or treatment, the court shall commit

the defendant to the custody of the Attorney General. The Attorney

General shall hospitalize the defendant for care or treatment in a

suitable facility. Such a commitment constitutes a provisional

sentence of imprisonment to the maximum term authorized by law for

the offense for which the defendant was found guilty.

(e) Discharge. - When the director of the facility in which the

defendant is hospitalized pursuant to subsection (d) determines

that the defendant has recovered from his mental disease or defect

to such an extent that he is no longer in need of custody for care

or treatment in such a facility, he shall promptly file a

certificate to that effect with the clerk of the court that ordered

the commitment. The clerk shall send a copy of the certificate to

the defendant's counsel and to the attorney for the Government. If,

at the time of the filing of the certificate, the provisional

sentence imposed pursuant to subsection (d) has not expired, the

court shall proceed finally to sentencing and may modify the

provisional sentence.

-SOURCE-

(Added Sept. 7, 1949, ch. 535, Sec. 1, 63 Stat. 686; amended Pub.

L. 98-473, title II, Sec. 403(a), Oct. 12, 1984, 98 Stat. 2061.)

-MISC1-

AMENDMENTS

1984 - Pub. L. 98-473 amended section generally, substituting

''Hospitalization of a convicted person suffering from mental

disease or defect'' for ''Mental incompetency after arrest and

before trial'' in section catchline, and substituting provisions

relating to motion, examination and report, hearing, etc., to

determine present mental condition of convicted defendant, for

provisions relating to motion, examination, etc., to determine the

mental competency of a person after arrest and before trial.

SEPARABILITY

Section 4 of act Sept. 7, 1949, provided that: ''If any provision

of Title 18, United States Code, sections 4244 to 4248, inclusive,

or the application thereof to any person or circumstance shall be

held invalid, the remainder of the said sections and the

application of such provision to persons or circumstances other

than those as to which it is held invalid shall not be affected

thereby.''

USE OF APPROPRIATIONS

Section 3 of act Sept. 7, 1949, provided that: ''The Attorney

General may authorize the use of any unexpended balance of the

appropriation for 'Support of United States prisoners' for carrying

out the purposes of Title 18, United States Code, sections 4244 to

4248, inclusive, or in payment of any expenses incidental thereto

and not provided for by other specific appropriations.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3552, 4247 of this title.

-CITE-

18 USC Sec. 4245 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART III - PRISONS AND PRISONERS

CHAPTER 313 - OFFENDERS WITH MENTAL DISEASE OR DEFECT

-HEAD-

Sec. 4245. Hospitalization of an imprisoned person suffering from

mental disease or defect

-STATUTE-

(a) Motion To Determine Present Mental Condition of Imprisoned

Person. - If a person serving a sentence of imprisonment objects

either in writing or through his attorney to being transferred to a

suitable facility for care or treatment, an attorney for the

Government, at the request of the director of the facility in which

the person is imprisoned, may file a motion with the court for the

district in which the facility is located for a hearing on the

present mental condition of the person. The court shall grant the

motion if there is reasonable cause to believe that the person may

presently be suffering from a mental disease or defect for the

treatment of which he is in need of custody for care or treatment

in a suitable facility. A motion filed under this subsection shall

stay the transfer of the person pending completion of procedures

contained in this section.

(b) Psychiatric or Psychological Examination and Report. - Prior

to the date of the hearing, the court may order that a psychiatric

or psychological examination of the person may be conducted, and

that a psychiatric or psychological report be filed with the court,

pursuant to the provisions of section 4247(b) and (c).

(c) Hearing. - The hearing shall be conducted pursuant to the

provisions of section 4247(d).

(d) Determination and Disposition. - If, after the hearing, the

court finds by a preponderance of the evidence that the person is

presently suffering from a mental disease or defect for the

treatment of which he is in need of custody for care or treatment

in a suitable facility, the court shall commit the person to the

custody of the Attorney General. The Attorney General shall

hospitalize the person for treatment in a suitable facility until

he is no longer in need of such custody for care or treatment or

until the expiration of the sentence of imprisonment, whichever

occurs earlier.

(e) Discharge. - When the director of the facility in which the

person is hospitalized pursuant to subsection (d) determines that

the person has recovered from his mental disease or defect to such

an extent that he is no longer in need of custody for care or

treatment in such a facility, he shall promptly file a certificate

to that effect with the clerk of the court that ordered the

commitment. The clerk shall send a copy of the certificate to the

person's counsel and to the attorney for the Government. If, at the

time of the filing of the certificate, the term of imprisonment

imposed upon the person has not expired, the court shall order that

the person be reimprisoned until the expiration of his sentence of

imprisonment.

-SOURCE-

(Added Sept. 7, 1949, ch. 535, Sec. 1, 63 Stat. 687; amended Pub.

L. 98-473, title II, Sec. 403(a), Oct. 12, 1984, 98 Stat. 2062.)

-MISC1-

AMENDMENTS

1984 - Pub. L. 98-473 amended section generally, substituting

''Hospitalization of an imprisoned person suffering from mental

disease or defect'' for ''Mental incompetency undisclosed at

trial'' in section catchline, and substituting provisions relating

to motion, examination and report, hearing, etc., to determine

present mental condition of imprisoned person, for provisions

relating to procedures and authorities regarding mental

incompetency undisclosed at trial.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4247 of this title.

-CITE-

18 USC Sec. 4246 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART III - PRISONS AND PRISONERS

CHAPTER 313 - OFFENDERS WITH MENTAL DISEASE OR DEFECT

-HEAD-

Sec. 4246. Hospitalization of a person due for release but

suffering from mental disease or defect

-STATUTE-

(a) Institution of Proceeding. - If the director of a facility in

which a person is hospitalized certifies that a person in the

custody of the Bureau of Prisons whose sentence is about to expire,

or who has been committed to the custody of the Attorney General

pursuant to section 4241(d), or against whom all criminal charges

have been dismissed solely for reasons related to the mental

condition of the person, is presently suffering from a mental

disease or defect as a result of which his release would create a

substantial risk of bodily injury to another person or serious

damage to property of another, and that suitable arrangements for

State custody and care of the person are not available, he shall

transmit the certificate to the clerk of the court for the district

in which the person is confined. The clerk shall send a copy of

the certificate to the person, and to the attorney for the

Government, and, if the person was committed pursuant to section

4241(d), to the clerk of the court that ordered the commitment.

The court shall order a hearing to determine whether the person is

presently suffering from a mental disease or defect as a result of

which his release would create a substantial risk of bodily injury

to another person or serious damage to property of another. A

certificate filed under this subsection shall stay the release of

the person pending completion of procedures contained in this

section.

(b) Psychiatric or Psychological Examination and Report. - Prior

to the date of the hearing, the court may order that a psychiatric

or psychological examination of the defendant be conducted, and

that a psychiatric or psychological report be filed with the court,

pursuant to the provisions of section 4247(b) and (c).

(c) Hearing. - The hearing shall be conducted pursuant to the

provisions of section 4247(d).

(d) Determination and Disposition. - If, after the hearing, the

court finds by clear and convincing evidence that the person is

presently suffering from a mental disease or defect as a result of

which his release would create a substantial risk of bodily injury

to another person or serious damage to property of another, the

court shall commit the person to the custody of the Attorney

General. The Attorney General shall release the person to the

appropriate official of the State in which the person is domiciled

or was tried if such State will assume responsibility for his

custody, care, and treatment. The Attorney General shall make all

reasonable efforts to cause such a State to assume such

responsibility. If, notwithstanding such efforts, neither such

State will assume such responsibility, the Attorney General shall

hospitalize the person for treatment in a suitable facility, until

-

(1) such a State will assume such responsibility; or

(2) the person's mental condition is such that his release, or

his conditional release under a prescribed regimen of medical,

psychiatric, or psychological care or treatment would not create

a substantial risk of bodily injury to another person or serious

damage to property of another;

whichever is earlier. The Attorney General shall continue

periodically to exert all reasonable efforts to cause such a State

to assume such responsibility for the person's custody, care, and

treatment.

(e) Discharge. - When the director of the facility in which a

person is hospitalized pursuant to subsection (d) determines that

the person has recovered from his mental disease or defect to such

an extent that his release would no longer create a substantial

risk of bodily injury to another person or serious damage to

property of another, he shall promptly file a certificate to that

effect with the clerk of the court that ordered the commitment.

The clerk shall send a copy of the certificate to the person's

counsel and to the attorney for the Government. The court shall

order the discharge of the person or, on the motion of the attorney

for the Government or on its own motion, shall hold a hearing,

conducted pursuant to the provisions of section 4247(d), to

determine whether he should be released. If, after the hearing,

the court finds by a preponderance of the evidence that the person

has recovered from his mental disease or defect to such an extent

that -

(1) his release would no longer create a substantial risk of

bodily injury to another person or serious damage to property of

another, the court shall order that he be immediately discharged;

or

(2) his conditional release under a prescribed regimen of

medical, psychiatric, or psychological care or treatment would no

longer create a substantial risk of bodily injury to another

person or serious damage to property of another, the court shall

-

(A) order that he be conditionally discharged under a

prescribed regimen of medical, psychiatric, or psychological

care or treatment that has been prepared for him, that has been

certified to the court as appropriate by the director of the

facility in which he is committed, and that has been found by

the court to be appropriate; and

(B) order, as an explicit condition of release, that he

comply with the prescribed regimen of medical, psychiatric, or

psychological care or treatment.

The court at any time may, after a hearing employing the same

criteria, modify or eliminate the regimen of medical, psychiatric,

or psychological care or treatment.

(f) Revocation of Conditional Discharge. - The director of a

medical facility responsible for administering a regimen imposed on

a person conditionally discharged under subsection (e) shall notify

the Attorney General and the court having jurisdiction over the

person of any failure of the person to comply with the regimen.

Upon such notice, or upon other probable cause to believe that the

person has failed to comply with the prescribed regimen of medical,

psychiatric, or psychological care or treatment, the person may be

arrested, and, upon arrest, shall be taken without unnecessary

delay before the court having jurisdiction over him. The court

shall, after a hearing, determine whether the person should be

remanded to a suitable facility on the ground that, in light of his

failure to comply with the prescribed regimen of medical,

psychiatric, or psychological care or treatment, his continued

release would create a substantial risk of bodily injury to another

person or serious damage to property of another.

(g) Release to State of Certain Other Persons. - If the director

of a facility in which a person is hospitalized pursuant to this

chapter certifies to the Attorney General that a person, against

whom all charges have been dismissed for reasons not related to the

mental condition of the person, is presently suffering from a

mental disease or defect as a result of which his release would

create a substantial risk of bodily injury to another person or

serious damage to property of another, the Attorney General shall

release the person to the appropriate official of the State in

which the person is domiciled or was tried for the purpose of

institution of State proceedings for civil commitment. If neither

such State will assume such responsibility, the Attorney General

shall release the person upon receipt of notice from the State that

it will not assume such responsibility, but not later than ten days

after certification by the director of the facility.

(h) Definition. - As used in this chapter the term ''State''

includes the District of Columbia.

-SOURCE-

(Added Sept. 7, 1949, ch. 535, Sec. 1, 63 Stat. 687; amended Pub.

L. 98-473, title II, Sec. 403(a), Oct. 12, 1984, 98 Stat. 2062;

Pub. L. 101-647, title XXXV, Sec. 3599D, Nov. 29, 1990, 104 Stat.

4932; Pub. L. 105-33, title XI, Sec. 11204(1), Aug. 5, 1997, 111

Stat. 739.)

-MISC1-

AMENDMENTS

1997 - Subsec. (a). Pub. L. 105-33, Sec. 11204(1)(A), inserted

''in the custody of the Bureau of Prisons'' after ''certifies that

a person''.

Subsec. (h). Pub. L. 105-33, Sec. 11204(1)(B), added subsec. (h).

1990 - Subsec. (g). Pub. L. 101-647 substituted ''chapter'' for

''subchapter''.

1984 - Pub. L. 98-473 amended section generally, substituting

''Hospitalization of a person due for release but suffering from

mental disease or defect'' for ''Procedure upon finding of mental

incompetency'' in section catchline, and substituting provisions

relating to proceedings, examination and report, hearing, etc.,

regarding hospitalization of a person due for release but suffering

from mental disease or defect, for provisions relating to powers of

the trial court with respect to finding of mental incompetency of

accused.

EFFECTIVE DATE OF 1997 AMENDMENT

Section 11721 of title XI of Pub. L. 105-33 provided that:

''Except as otherwise provided in this title (enacting section 138

of former Title 40, Public Buildings, Property, and Works, amending

this section, section 4247 of this title, section 1063 of Title 20,

Education, section 225b of Title 24, Hospitals and Asylums,

sections 6103 and 7213 of Title 26, Internal Revenue Code, sections

715 and 6501 of Title 31, Money and Finance, sections 71f and 138

of former Title 40, and sections 13723 and 14407 of Title 42, The

Public Health and Welfare, enacting provisions set out as a note

under section 6103 of Title 26, and amending provisions set out as

a note under section 4201 of this title), the provisions of this

title shall take effect on the later of October 1, 1997, or the day

the District of Columbia Financial Responsibility and Management

Assistance Authority certifies that the financial plan and budget

for the District government for fiscal year 1998 meet the

requirements of section 201(c)(1) of the District of Columbia

Financial Responsibility and Management Assistance Act of 1995

(Pub. L. 104-8, 109 Stat. 108), as amended by this title (so

certified Sept. 8, 1997).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3154, 3603, 4241, 4247 of

this title; title 10 section 876b.

-CITE-

18 USC Sec. 4247 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART III - PRISONS AND PRISONERS

CHAPTER 313 - OFFENDERS WITH MENTAL DISEASE OR DEFECT

-HEAD-

Sec. 4247. General provisions for chapter

-STATUTE-

(a) Definitions. - As used in this chapter -

(1) ''rehabilitation program'' includes -

(A) basic educational training that will assist the

individual in understanding the society to which he will return

and that will assist him in understanding the magnitude of his

offense and its impact on society;

(B) vocational training that will assist the individual in

contributing to, and in participating in, the society to which

he will return;

(C) drug, alcohol, and other treatment programs that will

assist the individual in overcoming his psychological or

physical dependence; and

(D) organized physical sports and recreation programs;

(2) ''suitable facility'' means a facility that is suitable to

provide care or treatment given the nature of the offense and the

characteristics of the defendant; and

(3) ''State'' includes the District of Columbia.

(b) Psychiatric or Psychological Examination. - A psychiatric or

psychological examination ordered pursuant to this chapter shall be

conducted by a licensed or certified psychiatrist or psychologist,

or, if the court finds it appropriate, by more than one such

examiner. Each examiner shall be designated by the court, except

that if the examination is ordered under section 4245 or 4246, upon

the request of the defendant an additional examiner may be selected

by the defendant. For the purposes of an examination pursuant to

an order under section 4241, 4244, or 4245, the court may commit

the person to be examined for a reasonable period, but not to

exceed thirty days, and under section 4242, 4243, or 4246, for a

reasonable period, but not to exceed forty-five days, to the

custody of the Attorney General for placement in a suitable

facility. Unless impracticable, the psychiatric or psychological

examination shall be conducted in the suitable facility closest to

the court. The director of the facility may apply for a reasonable

extension, but not to exceed fifteen days under section 4241, 4244,

or 4245, and not to exceed thirty days under section 4242, 4243, or

4246, upon a showing of good cause that the additional time is

necessary to observe and evaluate the defendant.

(c) Psychiatric or Psychological Reports. - A psychiatric or

psychological report ordered pursuant to this chapter shall be

prepared by the examiner designated to conduct the psychiatric or

psychological examination, shall be filed with the court with

copies provided to the counsel for the person examined and to the

attorney for the Government, and shall include -

(1) the person's history and present symptoms;

(2) a description of the psychiatric, psychological, and

medical tests that were employed and their results;

(3) the examiner's findings; and

(4) the examiner's opinions as to diagnosis, prognosis, and -

(A) if the examination is ordered under section 4241, whether

the person is suffering from a mental disease or defect

rendering him mentally incompetent to the extent that he is

unable to understand the nature and consequences of the

proceedings against him or to assist properly in his defense;

(B) if the examination is ordered under section 4242, whether

the person was insane at the time of the offense charged;

(C) if the examination is ordered under section 4243 or 4246,

whether the person is suffering from a mental disease or defect

as a result of which his release would create a substantial

risk of bodily injury to another person or serious damage to

property of another;

(D) if the examination is ordered under section 4244 or 4245,

whether the person is suffering from a mental disease or defect

as a result of which he is in need of custody for care or

treatment in a suitable facility; or

(E) if the examination is ordered as a part of a presentence

investigation, any recommendation the examiner may have as to

how the mental condition of the defendant should affect the

sentence.

(d) Hearing. - At a hearing ordered pursuant to this chapter the

person whose mental condition is the subject of the hearing shall

be represented by counsel and, if he is financially unable to

obtain adequate representation, counsel shall be appointed for him

pursuant to section 3006A. The person shall be afforded an

opportunity to testify, to present evidence, to subpoena witnesses

on his behalf, and to confront and cross-examine witnesses who

appear at the hearing.

(e) Periodic Report and Information Requirements. - (1) The

director of the facility in which a person is hospitalized pursuant

to -

(A) section 4241 shall prepare semiannual reports; or

(B) section 4243, 4244, 4245, or 4246 shall prepare annual

reports concerning the mental condition of the person and

containing recommendations concerning the need for his continued

hospitalization. The reports shall be submitted to the court

that ordered the person's commitment to the facility and copies

of the reports shall be submitted to such other persons as the

court may direct. A copy of each such report concerning a person

hospitalized after the beginning of a prosecution of that person

for violation of section 871, 879, or 1751 of this title shall be

submitted to the Director of the United States Secret Service.

Except with the prior approval of the court, the Secret Service

shall not use or disclose the information in these copies for any

purpose other than carrying out protective duties under section

3056(a) of this title.

(2) The director of the facility in which a person is

hospitalized pursuant to section 4241, 4243, 4244, 4245, or 4246

shall inform such person of any rehabilitation programs that are

available for persons hospitalized in that facility.

(f) Videotape Record. - Upon written request of defense counsel,

the court may order a videotape record made of the defendant's

testimony or interview upon which the periodic report is based

pursuant to subsection (e). Such videotape record shall be

submitted to the court along with the periodic report.

(g) Habeas Corpus Unimpaired. - Nothing contained in section 4243

or 4246 precludes a person who is committed under either of such

sections from establishing by writ of habeas corpus the illegality

of his detention.

(h) Discharge. - Regardless of whether the director of the

facility in which a person is hospitalized has filed a certificate

pursuant to the provisions of subsection (e) of section 4241, 4244,

4245, or 4246, or subsection (f) of section 4243, counsel for the

person or his legal guardian may, at any time during such person's

hospitalization, file with the court that ordered the commitment a

motion for a hearing to determine whether the person should be

discharged from such facility, but no such motion may be filed

within one hundred and eighty days of a court determination that

the person should continue to be hospitalized. A copy of the

motion shall be sent to the director of the facility in which the

person is hospitalized and to the attorney for the Government.

(i) Authority and Responsibility of the Attorney General. - The

Attorney General -

(A) may contract with a State, a political subdivision, a

locality, or a private agency for the confinement,

hospitalization, care, or treatment of, or the provision of

services to, a person committed to his custody pursuant to this

chapter;

(B) may apply for the civil commitment, pursuant to State law,

of a person committed to his custody pursuant to section 4243 or

4246;

(C) shall, before placing a person in a facility pursuant to

the provisions of section 4241, 4243, 4244, 4245, or 4246,

consider the suitability of the facility's rehabilitation

programs in meeting the needs of the person; and

(D) shall consult with the Secretary of the Department of

Health and Human Services in the general implementation of the

provisions of this chapter and in the establishment of standards

for facilities used in the implementation of this chapter.

(j) Sections 4241, 4242, 4243, and 4244 do not apply to a

prosecution under an Act of Congress applicable exclusively to the

District of Columbia or the Uniform Code of Military Justice.

-SOURCE-

(Added Sept. 7, 1949, ch. 535, Sec. 1, 63 Stat. 687; amended Pub.

L. 98-473, title II, Sec. 403(a), Oct. 12, 1984, 98 Stat. 2065;

Pub. L. 100-690, title VII, Sec. 7044, 7047(a), Nov. 18, 1988, 102

Stat. 4400, 4401; Pub. L. 103-322, title XXXIII, Sec. 330003(d),

Sept. 13, 1994, 108 Stat. 2141; Pub. L. 105-33, title XI, Sec.

11204(2), (3), Aug. 5, 1997, 111 Stat. 739.)

-REFTEXT-

REFERENCES IN TEXT

Acts of Congress applicable exclusively to the District of

Columbia, referred to in subsec. (j), are classified generally to

the District of Columbia Code.

The Uniform Code of Military Justice, referred to in subsec. (j),

is classified generally to chapter 47 (Sec. 801 et seq.) of Title

10, Armed Forces.

-MISC2-

AMENDMENTS

1997 - Subsec. (a)(3). Pub. L. 105-33, Sec. 11024(2)(C), added

par. (3).

Subsec. (j). Pub. L. 105-33, Sec. 11024(3), substituted

''Sections 4241, 4242, 4243, and 4244 do'' for ''This chapter

does''.

1994 - Subsec. (h). Pub. L. 103-322 substituted ''subsection (e)

of section 4241, 4244, 4245, or 4246, or subsection (f) of section

4243,'' for ''subsection (e) of section 4241, 4243, 4244, 4245, or

4246,''.

1988 - Subsec. (b). Pub. L. 100-690, Sec. 7047(a), substituted

''psychologist'' for ''clinical psychologist'' in first sentence.

Subsec. (e)(1)(B). Pub. L. 100-690, Sec. 7044, inserted at end

''A copy of each such report concerning a person hospitalized after

the beginning of a prosecution of that person for violation of

section 871, 879, or 1751 of this title shall be submitted to the

Director of the United States Secret Service. Except with the prior

approval of the court, the Secret Service shall not use or disclose

the information in these copies for any purpose other than carrying

out protective duties under section 3056(a) of this title.''

1984 - Pub. L. 98-473 amended section generally, substituting

''General provisions for chapter'' for ''Alternate procedure of

expiration of sentence'' in section catchline, and substituting

provisions relating to definitions, examinations, reports, etc., as

applicable to chapter, for provisions relating to powers and duties

regarding alternate procedure on expiration of sentence of

prisoner.

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-33 effective Oct. 1, 1997, except as

otherwise provided in title XI of Pub. L. 105-33, see section 11721

of Pub. L. 105-33, set out as a note under section 4246 of this

title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of the functions, personnel, assets, and obligations

of the United States Secret Service, including the functions of the

Secretary of the Treasury relating thereto, to the Secretary of

Homeland Security, and for treatment of related references, see

sections 381, 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4241, 4242, 4243, 4244,

4245, 4246 of this title; title 10 section 876b.

-CITE-

18 USC Sec. 4248 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART III - PRISONS AND PRISONERS

CHAPTER 313 - OFFENDERS WITH MENTAL DISEASE OR DEFECT

-HEAD-

(Sec. 4248. Omitted)

-COD-

CODIFICATION

Section, act Sept. 7, 1949, ch. 535, Sec. 1, 63 Stat. 688, which

related to the termination of custody by release or transfer, was

omitted in the general amendment of this chapter by Pub. L. 98-473,

title II, Sec. 403(a), Oct. 12, 1984, 98 Stat. 2057.

-CITE-