18 U.S.C. § 4247 : US Code - Section 4247: General provisions for chapter

Search 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 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.