18 U.S.C. § 4241 — Determination of mental competency to stand trial to undergo postrelease proceedings 1
submitted 78 years ago by ch. 645 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 683 words · no verdicts yet
This section lets the defendant or Government seek a competency hearing before sentencing or before a probation or supervised-release sentence ends. It provides for examination, hospitalization, recovery hearings, and limits on using the competency finding as evidence.
(a) Motion. After prosecution begins and before sentencing, or after probation or supervised release begins and before the sentence ends, the defendant or Government attorney may move for a hearing on mental competency. The court must grant the motion or order a hearing on its own if there is reasonable cause to believe a mental disease or defect currently makes the defendant unable to understand the proceedings’ nature and consequences or properly help with the defense.
(b) Examination and report. Before the hearing, the court may order a psychiatric or psychological examination and report under section 4247(b) and (c).
(c) Hearing. The hearing must follow section 4247(d).
(d) Determination and disposition. If the court finds by a preponderance of the evidence that the defendant has the described mental disease or defect and cannot understand the proceedings or properly assist the defense, it must commit the defendant to the Attorney General. The Attorney General must hospitalize the defendant in a suitable facility: (1) for a reasonable period, no longer than four months, needed to decide whether there is a substantial probability that the defendant will soon gain capacity for the proceedings; and (2) for an additional reasonable period until the defendant’s condition improves enough for trial, if the court finds a substantial probability that this will happen during that period, or until the charges are disposed of according to law, whichever comes first. If the condition has not improved enough when the period ends, sections 4246 and 4248 apply.
(e) Discharge. If the facility director decides the defendant has recovered enough to understand the proceedings and properly assist the defense, the director must promptly file a certificate with the commitment court’s clerk. The clerk must send it to defense counsel and the Government attorney. The court must hold a section 4247(d) hearing. If the court finds by a preponderance that the defendant has recovered enough, it must immediately discharge the defendant and set the trial or other proceeding date. After discharge, chapters 207 and 227 apply.
(f) Admissibility. A finding that the defendant is competent to stand trial does not prevent the defendant from raising insanity as a defense and cannot be admitted as evidence at the trial for the charged offense.
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.
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).
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—
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
for an additional reasonable period of time until—
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
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.
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.
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.
Source credit: (June 25, 1948, ch. 645, 62 Stat. 855; Pub. L. 98–473, title II, § 403(a), Oct. 12, 1984, 98 Stat. 2057; Pub. L. 109–248, title III, § 302(2), July 27, 2006, 120 Stat. 619.)
- 1948Enacted · Act of June 25, 1948, ch. 645 · 62 Stat. 855
- 1984Amended · Pub. L. 98-473 · 98 Stat. 2057
- 2006Amended · Pub. L. 109-248 · 120 Stat. 619
A history note hasn’t been published yet. The record shows enactment by ch. 645 on 1948-06-25.
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