§ 4247. — General provisions for chapter.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 18USC4247]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART III--PRISONS AND PRISONERS
CHAPTER 313--OFFENDERS WITH MENTAL DISEASE OR DEFECT
Sec. 4247. General provisions for chapter
(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.
(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, Secs. 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.)
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.
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.
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.
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.
