2013 US Code
Title 18 - Crimes and Criminal Procedure
Part III - PRISONS AND PRISONERS (§§ 4001 - 4353)
Chapter 313 - OFFENDERS WITH MENTAL DISEASE OR DEFECT (§§ 4241 - 4248)
Section 4243 - Hospitalization of a person found not guilty only by reason of insanity
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 18 - CRIMES AND CRIMINAL PROCEDURE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 18 - CRIMES AND CRIMINAL PROCEDURE PART III - PRISONS AND PRISONERS CHAPTER 313 - OFFENDERS WITH MENTAL DISEASE OR DEFECT Sec. 4243 - Hospitalization of a person found not guilty only by reason of insanity |
Contains | section 4243 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | Yes |
Disposition | standard |
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. |
Statutes at Large References | 46 Stat. 272 62 Stat. 855 98 Stat. 2059 102 Stat. 4400 110 Stat. 3494, 3495 |
Public Law References | Public Law 98-473, Public Law 100-690, Public Law 104-294 |
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(a)
(b)
(c)
(d)
(e)
(1) such a State will assume such responsibility; or
(2) 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.
(f)
(1) 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
(2) 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—
(A) 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
(B) 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.
(g)
(h)
(1) with the approval of the committing court, upon notice to the attorney for the Government and such individual, and after opportunity for a hearing;
(2) in an emergency; or
(3) when accompanied by a Federal law enforcement officer (as defined in section 115 of this title).
(i)
(1)
(2)
(A)
(B)
(C)
(D)
(i) create in any person a liberty interest in being granted a hearing or notice on any matter;
(ii) create in favor of any person a cause of action against the United States or any officer or employee of the United States; or
(iii) 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.
(3)
(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.)
HISTORICAL AND REVISION NOTESBased on title 18, U.S.C., 1940 ed., §878 (May 13, 1930, ch. 254, §8, 46 Stat. 272).
Changes were made in translations and phraseology, and unnecessary words omitted.
AMENDMENTS1996—Subsec. (i). Pub. L. 104–294 added subsec. (i).
1988—Subsec. (h). Pub. L. 100–690 added subsec. (h).
1984—Pub. L. 98–473 amended section generally, substituting "Hospitalization of a person found not guilty only by reason of insanity" for "Delivery to state authorities on expiration of sentence" in section catchline, and substituting provisions relating to determination of present mental condition of acquitted person, examination and report, hearing, etc., for provisions relating to duties of the superintendent of the United States hospital for defective delinquents regarding delivery to state authorities on expiration of sentence of any insane person.
SEVERABILITYPub. L. 104–294, title III, §301(d), Oct. 11, 1996, 110 Stat. 3495, provided that: "If any provision of this section [amending this section and enacting provisions set out as notes below], an amendment made by this section, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this section and the amendments made by this section shall not be affected thereby."
TRANSFER OF RECORDSPub. L. 104–294, title III, §301(b), Oct. 11, 1996, 110 Stat. 3495, provided that: "Notwithstanding any provision of the District of Columbia Code or any other provision of law, the District of Columbia and St. Elizabeth's Hospital—
"(1) not later than 30 days after the date of enactment of this Act [Oct. 11, 1996], shall provide to the Attorney General copies of all records in the custody or control of the District or the Hospital on such date of enactment pertaining to persons described in section 4243(i) of title 18, United States Code (as added by subsection (a));
"(2) not later than 30 days after the creation of any records by employees, agents, or contractors of the District of Columbia or of St. Elizabeth's Hospital pertaining to persons described in section 4243(i) of title 18, United States Code, provide to the Attorney General copies of all such records created after the date of enactment of this Act;
"(3) shall not prevent or impede any employee, agent, or contractor of the District of Columbia or of St. Elizabeth's Hospital who has obtained knowledge of the persons described in section 4243(i) of title 18, United States Code, in the employee's professional capacity from providing that knowledge to the Attorney General, nor shall civil or criminal liability attach to such employees, agents, or contractors who provide such knowledge; and
"(4) shall not prevent or impede interviews of persons described in section 4243(i) of title 18, United States Code, by representatives of the Attorney General, if such persons voluntarily consent to such interviews."
CLARIFICATION OF EFFECT ON CERTAIN TESTIMONIAL PRIVILEGESPub. L. 104–294, title III, §301(c), Oct. 11, 1996, 110 Stat. 3495, provided that: "The amendments made by this section [amending this section and enacting provisions set out as notes above] shall not be construed to affect in any manner any doctor-patient or psychotherapist-patient testimonial privilege that may be otherwise applicable to persons found not guilty by reason of insanity and affected by this section."
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