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Dr. Malachi Z. York
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TITLE 18 > PART III >
CHAPTER 313 > § 4241
Prev | Next § 4241. Determination of mental competency to stand
trial to undergo postrelease proceedings 1
(a) Motion To Determine Competency of
Defendant.— At any time after the commencement of a prosecution
for an offense and prior to the sentencing of the defendant, or
at any time after the commencement of probation or supervised
release and prior to the completion of the sentence, the
defendant or the attorney for the Government may file a motion
for a hearing to determine the mental competency of the
defendant. The court shall grant the motion, or shall order such
a hearing on its own motion, if there is reasonable cause to
believe that the defendant may presently be 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) 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 defendant 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
defendant is presently 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,
the court shall commit the defendant to the custody of the
Attorney General. The Attorney General shall hospitalize the
defendant for treatment in a suitable facility—
(1) for such a reasonable period of time, not to exceed four
months, as is necessary to determine whether there is a
substantial probability that in the foreseeable future he will
attain the capacity to permit the proceedings to go forward; and
(2) for an additional reasonable period of time until—
(A) his mental condition is so improved that trial may proceed,
if the court finds that there is a substantial probability that
within such additional period of time he will attain the
capacity to permit the proceedings to go forward; or
(B) the pending charges against him are disposed of according to
law;
whichever is earlier.
If, at the end of the time period specified, it is determined
that the defendant’s mental condition has not so improved as to
permit the proceedings to go forward, the defendant is subject
to the provisions of sections 4246 and 4248.
(e) Discharge.— When the director of the facility in which a
defendant is hospitalized pursuant to subsection (d) determines
that the defendant has recovered to such an extent that he is
able to understand the nature and consequences of the
proceedings against him and to assist properly in his defense,
he shall promptly file a certificate to that effect with the
clerk of the court that ordered the commitment. The clerk shall
send a copy of the certificate to the defendant’s counsel and to
the attorney for the Government. The court shall hold a hearing,
conducted pursuant to the provisions of section 4247 (d), to
determine the competency of the defendant. If, after the
hearing, the court finds by a preponderance of the evidence that
the defendant has recovered to such an extent that he is able to
understand the nature and consequences of the proceedings
against him and to assist properly in his defense, the court
shall order his immediate discharge from the facility in which
he is hospitalized and shall set the date for trial or other
proceedings. Upon discharge, the defendant is subject to the
provisions of chapters 207 and 227.
(f) Admissibility of Finding of Competency.— A finding by the
court that the defendant is mentally competent to stand trial
shall not prejudice the defendant in raising the issue of his
insanity as a defense to the offense charged, and shall not be
admissible as evidence in a trial for the offense charged.
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[1] So in original. Probably should be “stand trial or to
undergo postrelease proceedings”.
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