§4247 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

Requires federal courts to order mental health exams and reports in certain criminal cases and sets rules for how those exams, reports, hearings, and placements work. Defines key words: "rehabilitation program" (basic education, job training, treatment for drug/alcohol/sex offenses, and organized sports); "suitable facility" (a place able to treat the person given the offense); "State" (includes the District of Columbia); "bodily injury" (includes sexual abuse); "sexually dangerous person" (someone who committed or tried to commit sexually violent acts or child molestation and is dangerous); and "sexually dangerous to others" (a serious mental illness or disorder that makes it likely the person would have great difficulty avoiding sexual violence if released). A licensed psychiatrist or psychologist must do the exam and prepare a written report for the court and for both sides. The court names the examiners, though the defendant may ask for an extra examiner in some cases. The court may send a person to the Attorney General’s custody and place them in a suitable facility for up to 30 days for some orders (4241, 4244, 4245) and up to 45 days for others (4242, 4243, 4246, 4248); facility directors can ask for one short extension (up to 15 days on 30‑day orders, up to 30 days on 45‑day orders). Exams should be done at the nearest suitable facility when practicable. The examiner’s report must cover the person’s history and symptoms, the tests used and their results, the examiner’s findings, and opinions about diagnosis, prognosis, and specific legal questions (for example, competency to stand trial, insanity at the time of the offense, danger to others, sexual dangerousness, need for custody for treatment, or sentencing recommendations for presentence exams). At hearings the person must have a lawyer, and one will be provided if they cannot pay. The person can testify, call witnesses, use subpoenas, and cross‑examine witnesses. Facility directors must send reports about committed persons: every six months for commitments under 4241 and yearly for commitments under 4243, 4244, 4245, 4246, and 4248; those reports go to the ordering court and others the court names. If the commitment followed prosecution for crimes under 871, 879, or 1751, a copy also goes to the Director of the Secret Service, who may only use it for protective duties unless the court allows more use. Defense counsel can ask for a videotape of the defendant’s testimony used in a periodic report. People committed under 4243, 4246, or 4248 may still file a writ of habeas corpus to challenge their detention. A defendant’s lawyer or guardian can ask the court for a release hearing at any time, but not within 180 days after a court decided the person should remain committed. The Attorney General may contract with states or private agencies for care, seek civil commitment under state law for people in certain categories, must check that a facility’s rehab programs fit the person before placing them, and must consult the Secretary of Health and Human Services about running the program and setting facility standards. Sections 4241–4244 do not apply to prosecutions that only apply to the District of Columbia or to cases under the Uniform Code of Military Justice.

Title 18, §4247

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)As used in this chapter—

(1)“rehabilitation program” includes—

(A)basic educational training that will assist the individual in understanding the society to which he will return and that will assist him in understanding the magnitude of his offense and its impact on society;

(B)vocational training that will assist the individual in contributing to, and in participating in, the society to which he will return;

(C)drug, alcohol, and sex offender treatment programs, and other treatment programs that will assist the individual in overcoming a psychological or physical dependence or any condition that makes the individual dangerous to others; and

(D)organized physical sports and recreation programs;

(2)“suitable facility” means a facility that is suitable to provide care or treatment given the nature of the offense and the characteristics of the defendant;

(3)“State” includes the District of Columbia;

(4)“bodily injury” includes sexual abuse;

(5)“sexually dangerous person” means a person who has engaged or attempted to engage in sexually violent conduct or child molestation and who is sexually dangerous to others; and

(6)“sexually dangerous to others” with respect 11 So in original. Probably should be followed by “to”. a person, means that the person suffers from a serious mental illness, abnormality, or disorder as a result of which he would have serious difficulty in refraining from sexually violent conduct or child molestation if released.

(b)A psychiatric or psychological examination ordered pursuant to this chapter shall be conducted by a licensed or certified psychiatrist or psychologist, or, if the court finds it appropriate, by more than one such examiner. Each examiner shall be designated by the court, except that if the examination is ordered under section 4245, 4246, or 4248, upon the request of the defendant an additional examiner may be selected by the defendant. For the purposes of an examination pursuant to an order under section 4241, 4244, or 4245, the court may commit the person to be examined for a reasonable period, but not to exceed thirty days, and under section 4242, 4243, 4246, or 4248, for a reasonable period, but not to exceed forty-five days, to the custody of the Attorney General for placement in a suitable facility. Unless impracticable, the psychiatric or psychological examination shall be conducted in the suitable facility closest to the court. The director of the facility may apply for a reasonable extension, but not to exceed fifteen days under section 4241, 4244, or 4245, and not to exceed thirty days under section 4242, 4243, 4246, or 4248, upon a showing of good cause that the additional time is necessary to observe and evaluate the defendant.

(c)A psychiatric or psychological report ordered pursuant to this chapter shall be prepared by the examiner designated to conduct the psychiatric or psychological examination, shall be filed with the court with copies provided to the counsel for the person examined and to the attorney for the Government, and shall include—

(1)the person’s history and present symptoms;

(2)a description of the psychiatric, psychological, and medical tests that were employed and their results;

(3)the examiner’s findings; and

(4)the examiner’s opinions as to diagnosis, prognosis, and—

(A)if the examination is ordered under section 4241, whether the person is 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)if the examination is ordered under section 4242, whether the person was insane at the time of the offense charged;

(C)if the examination is ordered under section 4243 or 4246, whether the person is suffering from a mental disease or defect as a result of which his release would create a substantial risk of bodily injury to another person or serious damage to property of another;

(D)if the examination is ordered under section 4248, whether the person is a sexually dangerous person;

(E)if the examination is ordered under section 4244 or 4245, whether the person is suffering from a mental disease or defect as a result of which he is in need of custody for care or treatment in a suitable facility; or

(F)if the examination is ordered as a part of a presentence investigation, any recommendation the examiner may have as to how the mental condition of the defendant should affect the sentence.

(d)At a hearing ordered pursuant to this chapter the person whose mental condition is the subject of the hearing shall be represented by counsel and, if he is financially unable to obtain adequate representation, counsel shall be appointed for him pursuant to section 3006A. The person shall be afforded an opportunity to testify, to present evidence, to subpoena witnesses on his behalf, and to confront and cross-examine witnesses who appear at the hearing.

(e)(1)The director of the facility in which a person is committed pursuant to—

(A)section 4241 shall prepare semiannual reports; or

(B)section 4243, 4244, 4245, 4246, or 4248 shall prepare annual reports concerning the mental condition of the person and containing recommendations concerning the need for his continued commitment. The reports shall be submitted to the court that ordered the person’s commitment to the facility and copies of the reports shall be submitted to such other persons as the court may direct. A copy of each such report concerning a person committed after the beginning of a prosecution of that person for violation of section 871, 879, or 1751 of this title shall be submitted to the Director of the United States Secret Service. Except with the prior approval of the court, the Secret Service shall not use or disclose the information in these copies for any purpose other than carrying out protective duties under section 3056(a) of this title.

(2)The director of the facility in which a person is committed pursuant to section 4241, 4243, 4244, 4245, 4246, or 4248 shall inform such person of any rehabilitation programs that are available for persons committed in that facility.

(f)Upon written request of defense counsel, the court may order a videotape record made of the defendant’s testimony or interview upon which the periodic report is based pursuant to subsection (e). Such videotape record shall be submitted to the court along with the periodic report.

(g)Nothing contained in section 4243, 4246, or 4248 precludes a person who is committed under either of such sections from establishing by writ of habeas corpus the illegality of his detention.

(h)Regardless of whether the director of the facility in which a person is committed has filed a certificate pursuant to the provisions of subsection (e) of section 4241, 4244, 4245, 4246, or 4248, or subsection (f) of section 4243, counsel for the person or his legal guardian may, at any time during such person’s commitment, file with the court that ordered the commitment a motion for a hearing to determine whether the person should be discharged from such facility, but no such motion may be filed within one hundred and eighty days of a court determination that the person should continue to be committed. A copy of the motion shall be sent to the director of the facility in which the person is committed and to the attorney for the Government.

(i)The Attorney General—

(A)may contract with a State, a political subdivision, a locality, or a private agency for the confinement, hospitalization, care, or treatment of, or the provision of services to, a person committed to his custody pursuant to this chapter;

(B)may apply for the civil commitment, pursuant to State law, of a person committed to his custody pursuant to section 4243, 4246, or 4248;

(C)shall, before placing a person in a facility pursuant to the provisions of section 4241, 4243, 4244, 4245, 4246, or 4248, consider the suitability of the facility’s rehabilitation programs in meeting the needs of the person; and

(D)shall consult with the Secretary of the Department of Health and Human Services in the general implementation of the provisions of this chapter and in the establishment of standards for facilities used in the implementation of this chapter.

(j)section 4241, 4242, 4243, and 4244 do not apply to a prosecution under an Act of Congress applicable exclusively to the District of Columbia or the Uniform Code of Military Justice.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Acts of Congress applicable exclusively to the District of Columbia, referred to in subsec. (j), are classified generally to the District of Columbia Code. The Uniform Code of Military Justice, referred to in subsec. (j), is classified generally to chapter 47 (§ 801 et seq.) of Title 10, Armed Forces.

Amendments

2006—Pub. L. 109–248, § 302(3)(A), substituted “, 4246, or 4248” for “, or 4246” wherever appearing. Subsec. (a)(1)(C). Pub. L. 109–248, § 302(3)(C)(i), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “drug, alcohol, and other treatment programs that will assist the individual in overcoming his psychological or physical dependence; and”. Subsec. (a)(4) to (6). Pub. L. 109–248, § 302(3)(C)(ii)–(iv), added pars. (4) to (6). Subsec. (b). Pub. L. 109–248, § 302(3)(D), substituted “4245, 4246, or 4248” for “4245 or 4246”. Subsec. (c)(4)(D) to (F). Pub. L. 109–248, § 302(3)(E), added subpar. (D) and redesignated former subpars. (D) and (E) as (E) and (F), respectively. Subsec. (e). Pub. L. 109–248, § 302(3)(F), substituted “committed” for “hospitalized” wherever appearing and “continued commitment” for “continued hospitalization” in par. (1)(B). Subsec. (g). Pub. L. 109–248, § 302(3)(B), substituted “4243, 4246, or 4248” for “4243 or 4246”. Subsec. (h). Pub. L. 109–248, § 302(3)(F), substituted “committed” for “hospitalized” wherever appearing and “person’s commitment” for “person’s hospitalization”. Subsec. (i)(B). Pub. L. 109–248, § 302(3)(B), substituted “4243, 4246, or 4248” for “4243 or 4246”. 1997—Subsec. (a)(3). Pub. L. 105–33, § 11024(2)(C), added par. (3). Subsec. (j). Pub. L. 105–33, § 11024(3), substituted “section 4241, 4242, 4243, and 4244 do” for “This chapter does”. 1994—Subsec. (h). Pub. L. 103–322 substituted “subsection (e) of section 4241, 4244, 4245, or 4246, or subsection (f) of section 4243,” for “subsection (e) of section 4241, 4243, 4244, 4245, or 4246,”. 1988—Subsec. (b). Pub. L. 100–690, § 7047(a), substituted “psychologist” for “clinical psychologist” in first sentence. Subsec. (e)(1)(B). Pub. L. 100–690, § 7044, inserted at end “A copy of each such report concerning a person hospitalized after the beginning of a prosecution of that person for violation of section 871, 879, or 1751 of this title shall be submitted to the Director of the United States Secret Service. Except with the prior approval of the court, the Secret Service shall not use or disclose the information in these copies for any purpose other than carrying out protective duties under section 3056(a) of this title.” 1984—Pub. L. 98–473 amended section generally, substituting “General provisions for chapter” for “Alternate procedure of expiration of sentence” in section catchline, and substituting provisions relating to definitions, examinations, reports, etc., as applicable to chapter, for provisions relating to powers and duties regarding alternate procedure on expiration of sentence of prisoner.

Statutory Notes and Related Subsidiaries

Effective Date

of 1997 AmendmentAmendment by Pub. L. 105–33 effective Oct. 1, 1997, except as otherwise provided in title XI of Pub. L. 105–33, see section 11721 of Pub. L. 105–33, set out as a note under section 4246 of this title.

Transfer of Functions

For transfer of the functions, personnel, assets, and obligations of the United States Secret Service, including the functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see section 381, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

§4247 General provisions for chapter