§ 4244. — Hospitalization of a convicted person suffering from mental disease or defect.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 18USC4244]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART III--PRISONS AND PRISONERS
CHAPTER 313--OFFENDERS WITH MENTAL DISEASE OR DEFECT
Sec. 4244. Hospitalization of a convicted person suffering from
mental disease or defect
(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.
(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.)
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.''
Section Referred to in Other Sections
This section is referred to in sections 3552, 4247 of this title.
