Title 46 — Criminal Justice

Under 46.1301 through 46.l3l0 and 46.3216, the following persons are subject to confine-ment for mental incompetency or insanity in American Samoa: (1) defendants found mentally incompetent to stand criminal trial; or (2) defendants found insane at the time of the commission of a…

Where a defendant pleads not guilty to the commission of a criminal act, then, before the defendant is subject to confinement under subsection (2) of 46.1301, it must first be found that the defendant committed the criminal act charged. History: 1979, PL 16-43 § 2.

The court may order a mental examination of a defendant upon motion of the defendant or the government, or upon the court’s own motion, at any time before judgment. History: 1979, PL 16-43 § 2.

(a) Upon the order of the court, a defendant undergoes a mental examination by a psychiatrist or other person medically or otherwise qualified to give an opinion of the defend-ant’s mental condition. (b) Unless otherwise specified by the court, the scope of the examination pertai…

Upon completion of the mental examination of the defendant, the court conducts a hearing to determine the defendant’s mental status. If on the basis of the hearing the court finds: (1) That the defendant is not mentally competent to stand trial, then the court orders the defendan…

(a) All persons are presumed sane or mentally competent. (b) In the sound discretion of the court, any evidence may be received relative to the defendant’s mental competence or sanity at any proceeding to determine that competence or sanity. Within this framework, traditional rul…

Criminal proceedings may be resumed against a defendant after a finding by the court that: (1) the defendant, previously found incompetent to stand trial, is now competent to do so; or (2) the defendant is found mentally competent at the hearing preceding the mental exami-nation …

All orders for confinement pertain to confinement in a correctional facility in American Samoa; provided, that the court is authorized to establish other places, both within and outside American Samoa, for confinement or treatment of a particular person confined by virtue of the …

A defendant in a criminal case whose mental incompetence or insanity has been stipulated by the parties, or who has been found incompetent or insane under 46.1301 through 46.1310 and 46.3216, may, by stipulation of the parties and the permission of the court, be treated as an out…

Proceedings under 46.1301 through 46.1310 and 46.3216, are heard by the court which has jurisdiction over the charged criminal offense. History: 1979, PL 16-43 § 2.