18 U.S.C. § 4247 — General provisions for chapter

(a) Definitions. In this chapter: (1) “rehabilitation program” includes basic education about the society the person will return to and the seriousness and impact of the offense; job training to help the person contribute to and participate in that society; drug, alcohol, sex-offender, and other treatment to overcome dependence or a condition making the person dangerous; and organized physical sports and recreation. (2) “suitable facility” means a facility suitable for care or treatment considering the offense and defendant’s characteristics. (3) “State^*” includes the District of Columbia. (4) “bodily injury” includes sexual abuse. (5) “sexually dangerous person” means someone who engaged or tried to engage in sexually violent conduct or child molestation and is sexually dangerous to others. (6) “sexually dangerous to others” means that a person has a serious mental illness, abnormality, or disorder causing serious difficulty refraining from sexually violent conduct or child molestation if released.

(b) Examination. An examination ordered under this chapter must be done by a licensed or certified psychiatrist or psychologist, or by more than one if the court finds that appropriate. The court designates each examiner. For an examination under sections 4245, 4246, or 4248, the defendant may request an additional examiner. For sections 4241, 4244, or 4245, the court may commit the person for up to 30 days to the Attorney General for placement in a suitable facility; for sections 4242, 4243, 4246, or 4248, the maximum is 45 days. Unless impracticable, the examination must occur in the suitable facility closest to the court. For good cause showing more observation is needed, the facility director may seek an extension of up to 15 days for sections 4241, 4244, or 4245, or up to 30 days for sections 4242, 4243, 4246, or 4248.

(c) Reports. The designated examiner must prepare and file the report with the court and provide copies to the examined person’s counsel and the Government attorney. It must state the person’s history and current symptoms; the psychiatric, psychological, and medical tests used and their results; the examiner’s findings; and opinions on diagnosis, prognosis, and the issue required by the relevant section: competency under 4241; insanity at the time of the offense under 4242; release risk under 4243 or 4246; sexual dangerousness under 4248; need for custody under 4244 or 4245; or, for a presentence investigation, how the mental condition should affect sentencing.

(d) Hearing. At a hearing under this chapter, the person whose condition is at issue must have counsel. If unable to afford adequate counsel, counsel must be appointed under section 3006A. The person may testify, present evidence, subpoena witnesses, and confront and cross-examine witnesses.

(e) Periodic reports. (1) The director must prepare reports about the person’s mental condition and continued-commitment recommendations: twice a year for section 4241 commitments and annually for sections 4243, 4244, 4245, 4246, and 4248 commitments. Reports go to the commitment court and to anyone else the court directs. For a person committed after prosecution for violating section 871, 879, or 1751, a copy goes to the Secret Service Director. Without court approval, the Secret Service may use or disclose that copy only for protective duties under section 3056(a). (2) The facility director must tell a person committed under sections 4241, 4243, 4244, 4245, 4246, or 4248 about available rehabilitation programs.

(f) Videotape. On defense counsel’s written request, the court may order a videotape of testimony or an interview used for the subsection (e) report. The recording goes to the court with the report.

(g) Habeas corpus. Sections 4243, 4246, and 4248 do not prevent a committed person from using habeas corpus to establish that detention is illegal.

(h) Discharge. Whether or not the director has filed a certificate under the listed provisions, counsel or a legal guardian may move at any time for a hearing on discharge. No motion may be filed within 180 days after a court decides the person should remain committed. The motion must be sent to the facility director and Government attorney.

(i) Attorney General. The Attorney General may contract with a state, political subdivision, locality, or private agency^* for confinement, hospitalization, care, treatment, or services for a committed person; may seek state-law civil commitment of a person committed under sections 4243, 4246, or 4248; must consider rehabilitation-program suitability before placing a person under sections 4241, 4243, 4244, 4245, 4246, or 4248; and must consult the Health and Human Services Secretary on implementing this chapter and setting facility standards.

(j) Exclusion. Sections 4241, 4242, 4243, and 4244 do not apply to prosecutions under a law of Congress that applies only to the District of Columbia or under the Uniform Code of Military Justice.