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10 U.S.C. § 876b — Art. 76b. Lack of mental capacity or mental responsibility: commitment of accused for examination and treatment

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 876b — Art. 76b. Lack of mental capacity or mental responsibility: commitment of accused for examination and treatment

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Source file: Laws/federal/codes/united-states-code/title-10/section-876b-art-76b-lack-of-mental-capacity-or-mental-responsibility-commitment-of-a--9a085300e9.md
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Source location: Title 10, Chapter 47, § 876b; chapter-047-uniform-code-of-military-justice.md

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**(a) Persons Incompetent To Stand Trial.—** (1) In the case of a person determined under this chapter to be presently suffering from a mental disease or defect rendering the person mentally incompetent to the extent that the person is unable to understand the nature of the proceedings against that person or to conduct or cooperate intelligently in the defense of the case, the general court-martial convening authority for that person shall commit the person to the custody of the Attorney General. (2) The Attorney General shall take action in accordance with [section 4241(d) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section4241/d&num=0&edition=prelim). (3) If at the end of the period for hospitalization provided for in [section 4241(d) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section4241/d&num=0&edition=prelim), it is determined that the committed person’s mental condition has not so improved as to permit the trial to proceed, action shall be taken in accordance with section 4246 of such title. (4) (A) When the director of a facility in which a person is hospitalized pursuant to paragraph (2) determines that the person has recovered to such an extent that the person is able to understand the nature of the proceedings against the person and to conduct or cooperate intelligently in the defense of the case, the director shall promptly transmit a notification of that determination to the Attorney General and to the general court-martial convening authority for the person. The director shall send a copy of the notification to the person’s counsel. (B) Upon receipt of a notification, the general court-martial convening authority shall promptly take custody of the person unless the person covered by the notification is no longer subject to this chapter. If the person is no longer subject to this chapter, the Attorney General shall take any action within the authority of the Attorney General that the Attorney General considers appropriate regarding the person. (C) The director of the facility may retain custody of the person for not more than 30 days after transmitting the notifications required by subparagraph (A). (5) In the application of [section 4246 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section4246&num=0&edition=prelim) to a case under this subsection, references to the court that ordered the commitment of a person, and to the clerk of such court, shall be deemed to refer to the general court-martial convening authority for that person. However, if the person is no longer subject to this chapter at a time relevant to the application of such section to the person, the United States district court for the district where the person is hospitalized or otherwise may be found shall be considered as the court that ordered the commitment of the person. **(b) Persons Found Not Guilty by Reason of Lack of Mental Responsibility.—** (1) If a person is found by a court-martial not guilty only by reason of lack of mental responsibility, the person shall be committed to a suitable facility until the person is eligible for release in accordance with this section. (2) The court-martial shall conduct a hearing on the mental condition in accordance with subsection (c) of [section 4243 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section4243&num=0&edition=prelim). Subsections (b) and (d) of that section shall apply with respect to the hearing. (3) A report of the results of the hearing shall be made to the general court-martial convening authority for the person. (4) If the court-martial fails to find by the standard specified in subsection (d) of [section 4243 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section4243&num=0&edition=prelim) that the person’s release would not create a substantial risk of bodily injury to another person or serious damage of property of another due to a present mental disease or defect— (A) the general court-martial convening authority may commit the person to the custody of the Attorney General; and (B) the Attorney General shall take action in accordance with subsection (e) of [section 4243 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section4243&num=0&edition=prelim). (5) Subsections (f), (g), and (h) of [section 4243 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section4243&num=0&edition=prelim) shall apply in the case of a person hospitalized pursuant to paragraph (4)(B), except that the United States district court for the district where the person is hospitalized shall be considered as the court that ordered the person’s commitment. **(c) General Provisions.—** (1) Except as otherwise provided in this subsection and subsection (d)(1), the provisions of [section 4247 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section4247&num=0&edition=prelim) apply in the administration of this section. (2) In the application of [section 4247(d) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section4247/d&num=0&edition=prelim) to hearings conducted by a court-martial under this section or by (or by order of) a general court-martial convening authority under this section, the reference in that section to section 3006A of such title does not apply. **(d) Applicability.—** (1) The provisions of chapter 313 of title 18 referred to in this section apply according to the provisions of this section notwithstanding [section 4247(j) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section4247/j&num=0&edition=prelim). (2) If the status of a person as described in [section 802 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section802&num=0&edition=prelim) (article 2) terminates while the person is, pursuant to this section, in the custody of the Attorney General, hospitalized, or on conditional release under a prescribed regimen of medical, psychiatric, or psychological care or treatment, the provisions of this section establishing requirements and procedures regarding a person no longer subject to this chapter shall continue to apply to that person notwithstanding the change of status.

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 4247 — General provisions for chapter

**(a) Definitions.—** 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) Psychiatric or Psychological Examination.—** 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

Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 4247

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 802 — Art. 2. Persons subject to this chapter

**(a)** The following persons are subject to this chapter: (1) Members of a regular component of the armed forces, and members of the Space Force on active duty under [section 20105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20105&num=0&edition=prelim), including those awaiting discharge after expiration of their terms of enlistment; volunteers from the time of their muster or acceptance into the armed forces; inductees from the time of their actual induction into the armed forces; and other persons lawfully called or ordered into, or to duty in or for training in, the armed forces, from the dates when they are required by the terms of the call or order to obey it. (2) Cadets, aviation cadets, and midshipmen. (3) (A) While on inactive-duty training and during any of the periods specified in subparagraph (B)— (i) members of a reserve component or the Space Force; and (ii) members of the Army National Guard of the United States or the Air National Guard of the United States, but only when in Federal service. (B) The periods referred to in subparagraph (A) are the following: (i) Travel to and from the inactive-duty training site of the member, pursuant to orders or regulations. (ii) Intervals between consecutive periods of inactive-duty training on the same day, pursuant to orders or regulations. (iii) Intervals between inactive-duty training on consecutive days, pursuant to orders or regulations. (4) Retired members of a regular component of the armed forces who are entitled to pay. (5) Retired members of a reserve component, or retired members of the Space Force who qualified for a non-regular retirement and are receiving retired pay, who are receiving hospitalization from an armed force.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 802

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 4246 — Hospitalization of a person due for release but suffering from mental disease or defect

**(a) Institution of Proceeding.—** If the director of a facility in which a person is hospitalized certifies that a person in the custody of the Bureau of Prisons whose sentence is about to expire, or who has been committed to the custody of the Attorney General pursuant to section 4241(d), or against whom all criminal charges have been dismissed solely for reasons related to the mental condition of the person, is presently 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, and that suitable arrangements for State custody and care of the person are not available, he shall transmit the certificate to the clerk of the court for the district in which the person is confined. The clerk shall send a copy of the certificate to the person, and to the attorney for the Government, and, if the person was committed pursuant to section 4241(d), to the clerk of the court that ordered the commitment. The court shall order a hearing to determine whether the person is presently 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. A certificate filed under this subsection shall stay the release of the person pending completion of procedures contained in this section. **(b) Psychiatric or Psychological Examination and Report.—** 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) Hearing.—** The hearing shall be cond

Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 4246

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 4243 — Hospitalization of a person found not guilty only by reason of insanity

**(a) Determination of Present Mental Condition of Acquitted Person.—** If a person is found not guilty only by reason of insanity at the time of the offense charged, he shall be committed to a suitable facility until such time as he is eligible for release pursuant to subsection (e). **(b) Psychiatric or Psychological Examination and Report.—** Prior to the date of the hearing, pursuant to subsection (c), the court shall 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) Hearing.—** A hearing shall be conducted pursuant to the provisions of section 4247(d) and shall take place not later than forty days following the special verdict. **(d) Burden of Proof.—** In a hearing pursuant to subsection (c) of this section, a person found not guilty only by reason of insanity of an offense involving bodily injury to, or serious damage to the property of, another person, or involving a substantial risk of such injury or damage, has the burden of proving by clear and convincing evidence that his release would not create a substantial risk of bodily injury to another person or serious damage of property of another due to a present mental disease or defect. With respect to any other offense, the person has the burden of such proof by a preponderance of the evidence. **(e) Determination and Disposition.—** If, after the hearing, the court fails to find by the standard specified in subsection (d) of this section that the person’s release would not create a substantial risk of bodily injury to another person or serious damage of property of another due to a present mental disease or defect, the court shall commit the

Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 4243

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 876b — Art. 76b. Lack of mental capacity or men-

Page 802 TITLE 10—ARMED FORCES § 876a HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 876 .......... 50:663. May 5, 1950, ch. 169, § 1 (Art. 76), 64 Stat. 132. The word ‘‘under’’ is substituted for the words ‘‘pur- suant to’’. The word ‘‘are’’ is substituted for the words ‘‘shall be’’. The words ‘‘Secretary concerned’’ are sub- stituted for the words ‘‘Secretary of a Department’’. § 876a. Art. 76a. Leave required to be taken pend- ing review of certain court-martial convic- tions Under regulations prescribed by the Secretary concerned, an accused who has been sentenced by a court-martial may be required to take leave pending completion of action under this subchapter if the sentence includes an unsus- pended dismissal or an unsuspended dishonor- able or bad-conduct discharge. The accused may be required to begin such leave on the date of the entry of judgment under section 860c of this title (article 60c) or at any time after such date, and such leave may be continued until the date on which action under this subchapter is com- pleted or may be terminated at any earlier time. (Added Pub. L. 97–81, § 2(c)(1), Nov. 20, 1981, 95 Stat. 1087; amended Pub. L. 98–209, § 5(g), Dec. 6, 1983, 97 Stat. 1400; Pub. L. 114–328, div. E, title LIX, § 5338, Dec. 23, 2016, 130 Stat. 2937.) Editorial Notes AMENDMENTS 2016—Pub. L. 114–328 struck out ‘‘, as approved under section 860 of this title (article 60),’’ after ‘‘if the sen- tence’’ and substituted ‘‘of the entry of judgment under section 860c of this title (article 60c)’’ for ‘‘on which the sentence is approved under section 860 of this title (ar- ticle 60)’’. 1983—Pub. L. 98–209 substituted ‘‘under section 860 of this title (article 60)’’ for ‘‘under secti

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 876b

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