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 section 864 or 865 of this title (article 64 or 65) by the officer exercising gen- eral court-martial jurisdiction’’ and ‘‘by the officer ex- ercising general court-martial jurisdiction’’, respec- tively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2016 AMENDMENT Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with imple- menting regulations and provisions relating to applica- bility to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title. EFFECTIVE DATE OF 1983 AMENDMENT Amendment by Pub. L. 98–209 effective first day of eighth calendar month beginning after Dec. 6, 1983, but not to apply to any case in which the findings and sen- tence were adjudged by a court-martial before that date, and the proceedings in any such case to be held in the same manner and with the same effect as if such amendments had not been enacted, see section 12(a)(1), (4) of Pub. L. 98–209, set out as a note under section 801 of this title. EFFECTIVE DATE Section to take effect at end of 60-day period begin- ning on Nov. 20, 1981, to apply to each member whose sentence by court-martial is approved on or after Jan. 20, 1982, under section 864 or 865 of this title by the offi- cer exercising general court-martial jurisdiction under the provisions of such section as it existed on the day before the effective date of the Military Justice Act of 1983 (Pub. L. 98–209), or under section 860 of this title by the officer empowered to act on the sentence on or after that effective date, see section 7(a), (b)(1) of Pub. L. 97–81, set out as a note under section 706 of this title. § 876b. Art. 76b. Lack of mental capacity or men- tal responsibility: commitment of accused for examination and treatment (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 un- able to understand the nature of the proceedings against that person or to conduct or cooperate intelligently in the defense of the case, the gen- eral 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. (3) If at the end of the period for hospitaliza- tion provided for in section 4241(d) of title 18, it is determined that the committed person’s men- tal condition has not so improved as to permit the trial to proceed, action shall be taken in ac- cordance 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 under- stand 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 deter- mination 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 cus- tody 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 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 Page 803 TITLE 10—ARMED FORCES § 876b reason of lack of mental responsibility, the per- son shall be committed to a suitable facility until the person is eligible for release in accord- ance with this section. (2) The court-martial shall conduct a hearing on the mental condition in accordance with sub- section (c) of section 4243 of title 18. Subsections (b) and (d) of that section shall apply with re- spect 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 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 de- fect— (A) the general court-martial convening au- thority 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. (5) Subsections (f), (g), and (h) of section 4243 of title 18 shall apply in the case of a person hos- pitalized pursuant to paragraph (4)(B), except that the United States district court for the dis- trict where the person is hospitalized shall be considered as the court that ordered the person’s commitment. (c) GENERAL PROVISIONS.—(1) Except as other- wise provided in this subsection and subsection (d)(1), the provisions of section 4247 of title 18 apply in the administration of this section. (2) In the application of section 4247(d) of title 18 to hearings conducted by a court-martial under this section or by (or by order of) a gen- eral court-martial convening authority under this section, the reference in that section to sec- tion 3006A of such title does not apply. (d) APPLICABILITY.—(1) The provisions of chap- ter 313 of title 18 referred to in this section apply according to the provisions of this section notwithstanding section 4247(j) of title 18. (2) If the status of a person as described in sec- tion 802 of this title (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 reg- imen of medical, psychiatric, or psychological care or treatment, the provisions of this section establishing requirements and procedures re- garding a person no longer subject to this chap- ter shall continue to apply to that person not- withstanding the change of status. (Added Pub. L. 104–106, div. A, title XI, § 1133(a)(1), Feb. 10, 1996, 110 Stat. 464.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 104–106, div. A, title XI, § 1133(c), Feb. 10, 1996, 110 Stat. 466, provided that: ‘‘Section 876b of title 10, United States Code (article 76b of the Uniform Code of Military Justice), as added by subsection (a), shall take effect at the end of the six-month period beginning on the date of the enactment of this Act [Feb. 10, 1996] and shall apply with respect to charges referred to courts- martial after the end of that period.’’ SUBCHAPTER X—PUNITIVE ARTICLES Sec. Art. 877. 77. Principals. 878. 78. Accessory after the fact. 879. 79. Conviction of offense charged, lesser in- cluded offenses, and attempts. 880. 80. Attempts. 881. 81. Conspiracy. 882. 82. Soliciting commission of offenses. 883. 83. Malingering. 884. 84. Breach of medical quarantine. 885. 85. Desertion. 886. 86. Absence without leave. 887. 87. Missing movement; jumping from vessel. 887a. 87a. Resistance, flight, breach of arrest, and escape. 887b. 87b. Offenses against correctional custody and restriction. 888. 88. Contempt toward officials. 889. 89. Disrespect toward superior commis- sioned officer; assault of superior com- missioned officer. 890. 90. Willfully disobeying superior commis- sioned officer. 891. 91. Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer. 892. 92. Failure to obey order or regulation. 893. 93. Cruelty and maltreatment. 893a. 93a. Prohibited activities with military re- cruit or trainee by person in position of special trust. 894. 94. Mutiny or sedition. 895. 95. Offenses by sentinel or lookout. 895a. 95a. Disrespect toward sentinel or lookout. 896. 96. Release of prisoner without authority; drinking with prisoner. 897. 97. Unlawful detention. 898. 98. Misconduct as prisoner. 899. 99. Misbehavior before the enemy. 900. 100. Subordinate compelling surrender. 901. 101. Improper use of countersign. 902. 102. Forcing a safeguard. 903. 103. Spies. 903a. 103a. Espionage. 903b. 103b. Aiding the enemy. 904. 104. Public records offenses. 904a. 104a. Fraudulent enlistment, appointment, or separation. 904b. 104b. Unlawful enlistment, appointment, or separation. 905. 105. Forgery. 905a. 105a. False or unauthorized pass offenses. 906. 106. Impersonation of officer, noncommis- sioned or petty officer, or agent or offi- cial. 906a. 106a. Wearing unauthorized insignia, decora- tion, badge, ribbon, device, or lapel button. 907. 107. False official statements; false swearing. 907a. 107a. Parole violation. 908. 108. Military property of United States–Loss, damage, destruction, or wrongful dis- position. 908a. 108a. Captured or abandoned property. 909. 109. Property other than military property of United States—Waste, spoilage, or de- struction. 909a. 109a. Mail matter: wrongful taking, opening, etc. 910. 110. Improper hazarding of vessel or aircraft. 911. 111. Leaving scene of vehicle accident. 912. 112. Drunkenness and other incapacitation offenses. 912a. 112a. Wrongful use, possession, etc., of con- trolled substances. 913. 113. Drunken or reckless operation of a vehi- cle, aircraft, or vessel. 914. 114. Endangerment offenses.