§ 4243. — Hospitalization of a person found not guilty only by reason of insanity.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 18USC4243]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART III--PRISONS AND PRISONERS
CHAPTER 313--OFFENDERS WITH MENTAL DISEASE OR DEFECT
Sec. 4243. Hospitalization of a person found not guilty only by
reason of insanity
(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.
(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.)
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.''
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.
