18 U.S.C. § 4243 — Hospitalization of a person found not guilty only by reason of insanity
submitted 78 years ago by ch. 645 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 1,522 words · no verdicts yet
This section governs commitment and release of a person found not guilty only by reason of insanity. It provides different proof burdens for serious injury or property offenses, treatment and conditional release rules, revocation, furlough limits, and a process for transferring certain District of Columbia patients.
(a) Present condition. A person found not guilty only by reason of insanity for the charged offense must be committed to a suitable facility until eligible for release under subsection (e).
(b) Examination and report. Before the subsection (c) hearing, the court must order a psychiatric or psychological examination and report under section 4247(b) and (c).
(c) Hearing. The hearing must follow section 4247(d) and occur no later than 40 days after the special verdict.
(d) Burden of proof. For an offense involving bodily injury, serious property damage, or a substantial risk of either, the person must prove by clear and convincing evidence that release would not create that substantial risk because of a present mental disease or defect. For any other offense, the person must prove the same point by a preponderance of the evidence.
(e) Determination and disposition. If the court cannot find under subsection (d)’s standard that release would avoid the stated substantial risk, it must commit the person to the Attorney General. The Attorney General must release the person to the proper official of the state* where the person is domiciled or was tried if that state accepts custody, care, and treatment, and must make all reasonable efforts to obtain that acceptance. If neither state accepts, the Attorney General must hospitalize the person until a state accepts responsibility or the person’s condition makes unconditional or prescribed-regimen conditional release safe, whichever comes first. The Attorney General must keep making reasonable efforts periodically.
(f) Discharge. When the facility director decides the person has recovered enough that unconditional or prescribed-regimen conditional release would no longer create the stated substantial risk, the director must file a certificate with the clerk, who sends it to counsel and the Government attorney. The court must order discharge unless the Government moves or the court acts on its own to hold a section 4247(d) hearing. If the court finds by subsection (d)’s standard that unconditional release is safe, it must order immediate discharge. If only conditional release is safe, it must order a suitable prescribed medical, psychiatric, or psychological regimen that the facility director certified and the court approved, and must expressly require compliance. After a hearing using the same criteria, the court may modify or eliminate the regimen.
(g) Revocation. If the person fails to follow the regimen, the responsible facility director must notify the Attorney General and the court. On that notice or other probable cause, the person may be arrested and promptly taken before the court. After a hearing, the court must decide whether to return the person to a suitable facility because continued release would create the stated substantial risk in light of the failure.
(h) Furloughs. A person hospitalized under subsection (e) after an offense subject to the clear-and-convincing burden may leave temporarily only with court approval after notice and an opportunity for a hearing, in an emergency, or accompanied by a Federal law enforcement officer as defined in section 115.
(i) District of Columbia persons. (1) Despite the cited District of Columbia and federal provisions, a person committed under the cited District law for whom the United States remains financially responsible may be transferred to the Attorney General’s custody for treatment in a suitable facility. (2)(A) The Attorney General may establish custody by applying in the United States District Court for the District of Columbia and showing that the person fits this subsection. (B) The Attorney General must give written notice reasonably designed to reach the person or the person’s guardian, legal representative, or other lawful agent. The person has up to 15 days to respond and may receive a court-discretion hearing limited to whether the transfer would violate constitutional rights. (C) On the application, the court must order transfer unless that hearing finds a constitutional violation. (D) This paragraph does not create a liberty interest in notice or a hearing, a cause of action against the United States or its officers or employees, or any limit on the Attorney General’s ability to move, transfer, or manage a committed person. (3) Subsections (f) and (g) and section 4247 apply to a person transferred under this subsection.
If a person is found not guilty only by reason of insanity at the time of the offense charged, he shall be committed to a suitable facility until such time as he is eligible for release pursuant to subsection (e).
Prior to the date of the hearing, pursuant to subsection (c), the court shall 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).
A hearing shall be conducted pursuant to the provisions of section 4247(d) and shall take place not later than forty days following the special verdict.
In a hearing pursuant to subsection (c) of this section, a person found not guilty only by reason of insanity of an offense involving bodily injury to, or serious damage to the property of, another person, or involving a substantial risk of such injury or damage, has the burden of proving by clear and convincing evidence that his 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. With respect to any other offense, the person has the burden of such proof by a preponderance of the evidence.
If, after the hearing, the court fails to find by the standard specified in subsection (d) of this section 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, the court shall commit the person to the custody of the Attorney General. The Attorney General shall release the person to the appropriate official of the State* in which the person is domiciled or was tried if such State will assume responsibility for his custody, care, and treatment. The Attorney General shall make all reasonable efforts to cause such a State to assume such responsibility. If, notwithstanding such efforts, neither such State will assume such responsibility, the Attorney General shall hospitalize the person for treatment in a suitable facility until—
such a State will assume such responsibility; or
the person’s mental condition is such that his release, or his conditional release under a prescribed regimen of medical, psychiatric, or psychological care or treatment, would not create a substantial risk of bodily injury to another person or serious damage to property of another;
whichever is earlier. The Attorney General shall continue periodically to exert all reasonable efforts to cause such a State to assume such responsibility for the person’s custody, care, and treatment.
When the director of the facility in which an acquitted person is hospitalized pursuant to subsection (e) determines that the person has recovered from his mental disease or defect to such an extent that his release, or his conditional release under a prescribed regimen of medical, psychiatric, or psychological care or treatment, would no longer create a substantial risk of bodily injury to another person or serious damage to property of another, 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 person’s counsel and to the attorney for the Government. The court shall order the discharge of the acquitted person or, on the motion of the attorney for the Government or on its own motion, shall hold a hearing, conducted pursuant to the provisions of section 4247(d), to determine whether he should be released. If, after the hearing, the court finds by the standard specified in subsection (d) that the person has recovered from his mental disease or defect to such an extent that—
his release would no longer create a substantial risk of bodily injury to another person or serious damage to property of another, the court shall order that he be immediately discharged; or
his conditional release under a prescribed regimen of medical, psychiatric, or psychological care or treatment would no longer create a substantial risk of bodily injury to another person or serious damage to property of another, the court shall—
order that he be conditionally discharged under a prescribed regimen of medical, psychiatric, or psychological care or treatment that has been prepared for him, that has been certified to the court as appropriate by the director of the facility in which he is committed, and that has been found by the court to be appropriate; and
order, as an explicit condition of release, that he comply with the prescribed regimen of medical, psychiatric, or psychological care or treatment.
The court at any time may, after a hearing employing the same criteria, modify or eliminate the regimen of medical, psychiatric, or psychological care or treatment.
The director of a medical facility responsible for administering a regimen imposed on an acquitted person conditionally discharged under subsection (f) shall notify the Attorney General and the court having jurisdiction over the person of any failure of the person to comply with the regimen. Upon such notice, or upon other probable cause to believe that the person has failed to comply with the prescribed regimen of medical, psychiatric, or psychological care or treatment, the person may be arrested, and, upon arrest, shall be taken without unnecessary delay before the court having jurisdiction over him. The court shall, after a hearing, determine whether the person should be remanded to a suitable facility on the ground that, in light of his failure to comply with the prescribed regimen of medical, psychiatric, or psychological care or treatment, his continued release would create a substantial risk of bodily injury to another person or serious damage to property of another.
An individual who is hospitalized under subsection (e) of this section after being found not guilty only by reason of insanity of an offense for which subsection (d) of this section creates a burden of proof of clear and convincing evidence, may leave temporarily the premises of the facility in which that individual is hospitalized only—
with the approval of the committing court, upon notice to the attorney for the Government and such individual, and after opportunity for a hearing;
in an emergency; or
when accompanied by a Federal law enforcement officer (as defined in section 115 of this title).
Notwithstanding section 301(h) of title 24 of the District of Columbia Code, and notwithstanding subsection 4247(j) of this title, all persons who have been committed to a hospital for the mentally ill pursuant to section 301(d)(1) of title 24 of the District of Columbia Code, and for whom the United States has continuing financial responsibility, may be transferred to the custody of the Attorney General, who shall hospitalize the person for treatment in a suitable facility.
The Attorney General may establish custody over such persons by filing an application in the United States District Court for the District of Columbia, demonstrating that the person to be transferred is a person described in this subsection.
The Attorney General shall, by any means reasonably designed to do so, provide written notice of the proposed transfer of custody to such person or such person’s guardian, legal representative, or other lawful agent. The person to be transferred shall be afforded an opportunity, not to exceed 15 days, to respond to the proposed transfer of custody, and may, at the court’s discretion, be afforded a hearing on the proposed transfer of custody. Such hearing, if granted, shall be limited to a determination of whether the constitutional rights of such person would be violated by the proposed transfer of custody.
Upon application of the Attorney General, the court shall order the person transferred to the custody of the Attorney General, unless, pursuant to a hearing under this paragraph, the court finds that the proposed transfer would violate a right of such person under the United States Constitution.
Nothing in this paragraph shall be construed to—
create in any person a liberty interest in being granted a hearing or notice on any matter;
create in favor of any person a cause of action against the United States or any officer or employee of the United States; or
limit in any manner or degree the ability of the Attorney General to move, transfer, or otherwise manage any person committed to the custody of the Attorney General.
Subsections (f) and (g) and section 4247 shall apply to any person transferred to the custody of the Attorney General pursuant to this subsection.
Source credit: (June 25, 1948, ch. 645, 62 Stat. 855; Pub. L. 98–473, title II, § 403(a), Oct. 12, 1984, 98 Stat. 2059; Pub. L. 100–690, title VII, § 7043, Nov. 18, 1988, 102 Stat. 4400; Pub. L. 104–294, title III, § 301(a), Oct. 11, 1996, 110 Stat. 3494.)
- 1948Enacted · Act of June 25, 1948, ch. 645 · 62 Stat. 855
- 1984Amended · Pub. L. 98-473 · 98 Stat. 2059
- 1988Amended · Pub. L. 100-690 · 102 Stat. 4400
- 1996Amended · Pub. L. 104-294 · 110 Stat. 3494
A history note hasn’t been published yet. The record shows enactment by ch. 645 on 1948-06-25.
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