§4241 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

A defendant or the government can ask for a hearing at any time after charges start and before sentencing, or after probation or supervised release begins and before the sentence ends, to decide if the defendant is mentally able to stand trial or take part in post-release proceedings. The court must hold the hearing if there is good reason to think the person may not understand the case or cannot help their lawyer. Before the hearing, the court can order a psychiatric or psychological exam and report under the rules in section 4247(b) and (c). The hearing itself will follow the procedures in section 4247(d). If the court finds, by more likely than not, that the defendant is now mentally unable to understand the case or help in their defense, it must send the person to the custody of the Attorney General for hospitalization in a suitable facility. The Attorney General must treat the person for up to four months to see if they will likely regain capacity. The hospital may keep them longer for a reasonable time until either the court finds they will likely become competent and trial can proceed, or the charges are resolved. When the hospital director says the person has recovered, a certificate is filed, a new hearing is held, and if the court again finds recovery by more likely than not, the person must be released and a trial or other proceeding set. A ruling that someone is competent to stand trial does not stop them from later using an insanity defense, and that competency finding cannot be used as evidence at the criminal trial.

Title 18, §4241

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)At any time after the commencement of a prosecution for an offense and prior to the sentencing of the defendant, or at any time after the commencement of probation or supervised release and prior to the completion of the sentence, the defendant or the attorney for the Government may file a motion for a hearing to determine the mental competency of the defendant. The court shall grant the motion, or shall order such a hearing on its own motion, if there is reasonable cause to believe that the defendant may presently be suffering from a mental disease or defect rendering him mentally incompetent to the extent that he is unable to understand the nature and consequences of the proceedings against him or to assist properly in his defense.

(b)Prior to the date of the hearing, the court may 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).

(c)The hearing shall be conducted pursuant to the provisions of section 4247(d).

(d)If, after the hearing, the court finds by a preponderance of the evidence that the defendant is presently suffering from a mental disease or defect rendering him mentally incompetent to the extent that he is unable to understand the nature and consequences of the proceedings against him or to assist properly in his defense, the court shall commit the defendant to the custody of the Attorney General. The Attorney General shall hospitalize the defendant for treatment in a suitable facility—

(1)for such a reasonable period of time, not to exceed four months, as is necessary to determine whether there is a substantial probability that in the foreseeable future he will attain the capacity to permit the proceedings to go forward; and

(2)for an additional reasonable period of time until—

(A)his mental condition is so improved that trial may proceed, if the court finds that there is a substantial probability that within such additional period of time he will attain the capacity to permit the proceedings to go forward; or

(B)the pending charges against him are disposed of according to law;

(e)When the director of the facility in which a defendant is hospitalized pursuant to subsection (d) determines that the defendant has recovered to such an extent that he is able to understand the nature and consequences of the proceedings against him and to assist properly in his defense, 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 defendant’s counsel and to the attorney for the Government. The court shall hold a hearing, conducted pursuant to the provisions of section 4247(d), to determine the competency of the defendant. If, after the hearing, the court finds by a preponderance of the evidence that the defendant has recovered to such an extent that he is able to understand the nature and consequences of the proceedings against him and to assist properly in his defense, the court shall order his immediate discharge from the facility in which he is hospitalized and shall set the date for trial or other proceedings. Upon discharge, the defendant is subject to the provisions of chapters 207 and 227.

(f)A finding by the court that the defendant is mentally competent to stand trial shall not prejudice the defendant in raising the issue of his insanity as a defense to the offense charged, and shall not be admissible as evidence in a trial for the offense charged.

Notes & Related Subsidiaries

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., § 876 (May 13, 1930, ch. 254, § 6, 46 Stat. 271). Changes were made in phraseology and surplusage omitted.

Editorial Notes

Amendments

2006—Pub. L. 109–248, § 302(2)(A), inserted “to undergo postrelease proceedings” after “trial” in section catchline. Subsec. (a). Pub. L. 109–248, § 302(2)(B), inserted “or at any time after the commencement of probation or supervised release and prior to the completion of the sentence,” after “sentencing of the defendant,”. Subsec. (d). Pub. L. 109–248, § 302(2)(C), substituted “proceedings to go forward” for “trial to proceed” wherever appearing and “section 4246 and 4248” for “section 4246” in concluding provisions. Subsec. (e). Pub. L. 109–248, § 302(2)(D), inserted “or other proceedings” after “trial” and substituted “chapters 207 and 227” for “chapter 207”. 1984—Pub. L. 98–473 amended section generally, substituting “Determination of mental competency to stand trial” for “Examination and transfer to hospital” in section catchline, and substituting provisions relating to motion, report, hearing, etc., for determination of competency of defendant, for provisions relating to boards of examiners for examination of inmates of Federal penal and correctional institutions and transfer of such inmates to hospitals.

Statutory Notes and Related Subsidiaries

Short Title

of 1984 Amendment Pub. L. 98–473, title II, § 401, Oct. 12, 1984, 98 Stat. 2057, provided that: “This chapter [chapter IV (§§ 401–406) of title II of Pub. L. 98–473, enacting section 20 of this title and amending this chapter, section 3006A of this title, and rule 12.2 of the Federal Rules of Criminal Procedure and rule 704 of the Federal Rules of Evidence set out in the Appendix to this title] may be sited [cited] as the ‘Insanity Defense Reform Act of 1984’.”

§4241 Determination of mental competency to stand trial to undergo postrelease proceedings 11 So in original. Probably should be “stand trial or to undergo postrelease proceedings”.