18 U.S.C. § 4247 : US Code - Section 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 sex offender treatment programs, and
        other treatment programs that will assist the individual in
        overcoming a psychological or physical dependence or any
        condition that makes the individual dangerous to others; 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;
        (3) "State" includes the District of Columbia;
        (4) "bodily injury" includes sexual abuse;
        (5) "sexually dangerous person" means a person who has engaged
      or attempted to engage in sexually violent conduct or child
      molestation and who is sexually dangerous to others; and
        (6) "sexually dangerous to others" with respect (!1) a person,
      means that the person suffers from a serious mental illness,
      abnormality, or disorder as a result of which he would have
      serious difficulty in refraining from sexually violent conduct or
      child molestation if released.


      (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, 4246, or
    4248, 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, 4246, or
    4248, 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,
    4246, or 4248, 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 4248, whether
        the person is a sexually dangerous person;
          (E) 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
          (F) 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 committed pursuant to
    - 
        (A) section 4241 shall prepare semiannual reports; or
        (B) section 4243, 4244, 4245, 4246, or 4248 shall prepare
      annual reports concerning the mental condition of the person and
      containing recommendations concerning the need for his continued
      commitment. 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 committed
      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 committed
    pursuant to section 4241, 4243, 4244, 4245, 4246, or 4248 shall
    inform such person of any rehabilitation programs that are
    available for persons committed 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, 4246, or 4248 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 committed has filed a certificate
    pursuant to the provisions of subsection (e) of section 4241, 4244,
    4245, 4246, or 4248, or subsection (f) of section 4243, counsel for
    the person or his legal guardian may, at any time during such
    person's commitment, 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 committed. A copy of the
    motion shall be sent to the director of the facility in which the
    person is committed 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,
      4246, or 4248;
        (C) shall, before placing a person in a facility pursuant to
      the provisions of section 4241, 4243, 4244, 4245, 4246, or 4248,
      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.