§4245 Hospitalization of an imprisoned person suffering from mental disease or defect

Summary

If a prisoner objects to being moved for mental-health care, a government lawyer can ask the court, at the prison director’s request, to hold a hearing about the prisoner’s current mental state. Filing that request pauses the proposed transfer while the court looks into the matter. Before the hearing, the court can order a psychiatric or psychological exam and ask for a report, and the hearing follows the usual rules for such evaluations. If the court finds it is more likely than not that the prisoner now has a mental illness or defect and needs custody for care, the court must send the person to the Attorney General’s custody for hospitalization until treatment is no longer needed or the prison sentence ends, whichever comes first. When the hospital director says the person has recovered, the director files a certificate with the court clerk, who tells the prisoner’s lawyer and the government lawyer. If the prison term is still running when that certificate is filed, the court will order the person returned to prison until the sentence ends.