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 4246 - Hospitalization of a person due for release but suffering from mental disease or defect
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. 4246 - Hospitalization of a person due for release but suffering from mental disease or defect |
Contains | section 4246 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Sept. 7, 1949, ch. 535, §1, 63 Stat. 687; amended Pub. L. 98-473, title II, §403(a), Oct. 12, 1984, 98 Stat. 2062; Pub. L. 101-647, title XXXV, §3599D, Nov. 29, 1990, 104 Stat. 4932; Pub. L. 105-33, title XI, §11204(1), Aug. 5, 1997, 111 Stat. 739. |
Statutes at Large References | 63 Stat. 687 98 Stat. 2062 104 Stat. 4932 109 Stat. 108 111 Stat. 739, 786 |
Public Law References | Public Law 98-473, Public Law 101-647, Public Law 104-8, Public Law 105-33 |
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(a)
(b)
(c)
(d)
(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.
(e)
(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.
(f)
(g)
(h)
(Added Sept. 7, 1949, ch. 535, §1, 63 Stat. 687; amended Pub. L. 98–473, title II, §403(a), Oct. 12, 1984, 98 Stat. 2062; Pub. L. 101–647, title XXXV, §3599D, Nov. 29, 1990, 104 Stat. 4932; Pub. L. 105–33, title XI, §11204(1), Aug. 5, 1997, 111 Stat. 739.)
AMENDMENTS1997—Subsec. (a). Pub. L. 105–33, §11204(1)(A), inserted "in the custody of the Bureau of Prisons" after "certifies that a person".
Subsec. (h). Pub. L. 105–33, §11204(1)(B), added subsec. (h).
1990—Subsec. (g). Pub. L. 101–647 substituted "chapter" for "subchapter".
1984—Pub. L. 98–473 amended section generally, substituting "Hospitalization of a person due for release but suffering from mental disease or defect" for "Procedure upon finding of mental incompetency" in section catchline, and substituting provisions relating to proceedings, examination and report, hearing, etc., regarding hospitalization of a person due for release but suffering from mental disease or defect, for provisions relating to powers of the trial court with respect to finding of mental incompetency of accused.
EFFECTIVE DATE OF 1997 AMENDMENTPub. L. 105–33, title XI, §11721, Aug. 5, 1997, 111 Stat. 786, provided that: "Except as otherwise provided in this title [enacting section 138 of former Title 40, Public Buildings, Property, and Works, amending this section, section 4247 of this title, section 1063 of Title 20, Education, section 225b of Title 24, Hospitals and Asylums, sections 6103 and 7213 of Title 26, Internal Revenue Code, sections 715 and 6501 of Title 31, Money and Finance, sections 71f and 138 of former Title 40, and sections 13723 and 14407 of Title 42, The Public Health and Welfare, enacting provisions set out as a note under section 6103 of Title 26, and amending provisions set out as a note under section 4201 of this title], the provisions of this title shall take effect on the later of October 1, 1997, or the day the District of Columbia Financial Responsibility and Management Assistance Authority certifies that the financial plan and budget for the District government for fiscal year 1998 meet the requirements of section 201(c)(1) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995 [Pub. L. 104–8, 109 Stat. 108], as amended by this title [so certified Sept. 8, 1997]."
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