10 U.S.C. § 876b : US Code - Section 876B: Art. 76b. Lack of mental capacity or mental responsibility: commitment of accused for examination and treatment

Search 10 U.S.C. § 876b : US Code - Section 876B: Art. 76b. Lack of mental capacity or mental responsibility: commitment of accused for examination and treatment

(a) Persons Incompetent To Stand Trial. - (1) In the case of a
person determined under this chapter to be presently suffering from
a mental disease or defect rendering the person mentally
incompetent to the extent that the person is unable to understand
the nature of the proceedings against that person or to conduct or
cooperate intelligently in the defense of the case, the general
court-martial convening authority for that person shall commit the
person to the custody of the Attorney General.
(2) The Attorney General shall take action in accordance with
section 4241(d) of title 18.
(3) If at the end of the period for hospitalization provided for
in section 4241(d) of title 18, it is determined that the committed
person's mental condition has not so improved as to permit the
trial to proceed, action shall be taken in accordance with section
4246 of such title.
(4)(A) When the director of a facility in which a person is
hospitalized pursuant to paragraph (2) determines that the person
has recovered to such an extent that the person is able to
understand the nature of the proceedings against the person and to
conduct or cooperate intelligently in the defense of the case, the
director shall promptly transmit a notification of that
determination to the Attorney General and to the general court-
martial convening authority for the person. The director shall
send a copy of the notification to the person's counsel.
(B) Upon receipt of a notification, the general court-martial
convening authority shall promptly take custody of the person
unless the person covered by the notification is no longer subject
to this chapter. If the person is no longer subject to this
chapter, the Attorney General shall take any action within the
authority of the Attorney General that the Attorney General
considers appropriate regarding the person.
(C) The director of the facility may retain custody of the person
for not more than 30 days after transmitting the notifications
required by subparagraph (A).
(5) In the application of section 4246 of title 18 to a case
under this subsection, references to the court that ordered the
commitment of a person, and to the clerk of such court, shall be
deemed to refer to the general court-martial convening authority
for that person. However, if the person is no longer subject to
this chapter at a time relevant to the application of such section
to the person, the United States district court for the district
where the person is hospitalized or otherwise may be found shall be
considered as the court that ordered the commitment of the person.
(b) Persons Found Not Guilty by Reason of Lack of Mental
Responsibility. - (1) If a person is found by a court-martial not
guilty only by reason of lack of mental responsibility, the person
shall be committed to a suitable facility until the person is
eligible for release in accordance with this section.
(2) The court-martial shall conduct a hearing on the mental
condition in accordance with subsection (c) of section 4243 of
title 18. Subsections (b) and (d) of that section shall apply with
respect to the hearing.
(3) A report of the results of the hearing shall be made to the
general court-martial convening authority for the person.
(4) If the court-martial fails to find by the standard specified
in subsection (d) of section 4243 of title 18 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 -
(A) the general court-martial convening authority may commit
the person to the custody of the Attorney General; and
(B) the Attorney General shall take action in accordance with
subsection (e) of section 4243 of title 18.
(5) Subsections (f), (g), and (h) of section 4243 of title 18
shall apply in the case of a person hospitalized pursuant to
paragraph (4)(B), except that the United States district court for
the district where the person is hospitalized shall be considered
as the court that ordered the person's commitment.
(c) General Provisions. - (1) Except as otherwise provided in
this subsection and subsection (d)(1), the provisions of section
4247 of title 18 apply in the administration of this section.
(2) In the application of section 4247(d) of title 18 to hearings
conducted by a court-martial under this section or by (or by order
of) a general court-martial convening authority under this section,
the reference in that section to section 3006A of such title does
not apply.
(d) Applicability. - (1) The provisions of chapter 313 of title
18 referred to in this section apply according to the provisions of
this section notwithstanding section 4247(j) of title 18.
(2) If the status of a person as described in section 802 of this
title (article 2) terminates while the person is, pursuant to this
section, in the custody of the Attorney General, hospitalized, or
on conditional release under a prescribed regimen of medical,
psychiatric, or psychological care or treatment, the provisions of
this section establishing requirements and procedures regarding a
person no longer subject to this chapter shall continue to apply to
that person notwithstanding the change of status.