§ 4241. — Determination of mental competency to stand trial.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 18USC4241]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART III--PRISONS AND PRISONERS
CHAPTER 313--OFFENDERS WITH MENTAL DISEASE OR DEFECT
Sec. 4241. Determination of mental competency to stand trial
(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.
(June 25, 1948, ch. 645, 62 Stat. 855; Pub. L. 98-473, title II,
Sec. 403(a), Oct. 12, 1984, 98 Stat. 2057.)
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 (Secs. 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'.''
Section Referred to in Other Sections
This section is referred to in sections 4246, 4247 of this title;
title 10 section 876b.
