US Laws, Codes, Statutes & Cases

From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
  January 7, 2003 and December 19, 2003]
[CITE: 18USC4245]

 
                 TITLE 18--CRIMES AND CRIMINAL PROCEDURE
 
                     PART III--PRISONS AND PRISONERS
 
          CHAPTER 313--OFFENDERS WITH MENTAL DISEASE OR DEFECT
 
Sec. 4245. Hospitalization of an imprisoned person suffering 
        from mental disease or defect
        
    (a) Motion To Determine Present Mental Condition of Imprisoned 
Person.--If a person serving a sentence of imprisonment objects either 
in writing or through his attorney to being transferred to a suitable 
facility for care or treatment, an attorney for the Government, at the 
request of the director of the facility in which the person is 
imprisoned, may file a motion with the court for the district in which 
the facility is located for a hearing on the present mental condition of 
the person. The court shall grant the motion if there is reasonable 
cause to believe that the person may presently be suffering from a 
mental disease or defect for the treatment of which he is in need of 
custody for care or treatment in a suitable facility. A motion filed 
under this subsection shall stay the transfer of the person pending 
completion of procedures contained in this section.
    (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 person may 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 person is presently 
suffering from a mental disease or defect for the treatment of which he 
is in need of custody for care or treatment in a suitable facility, the 
court shall commit the person to the custody of the Attorney General. 
The Attorney General shall hospitalize the person for treatment in a 
suitable facility until he is no longer in need of such custody for care 
or treatment or until the expiration of the sentence of imprisonment, 
whichever occurs earlier.
    (e) Discharge.--When the director of the facility in which th