[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 18USC4245]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART III--PRISONS AND PRISONERS
CHAPTER 313--OFFENDERS WITH MENTAL DISEASE OR DEFECT
Sec. 4245. Hospitalization of an imprisoned person suffering
from mental disease or defect
(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 th
