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

Page 935 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 4247 treatment that has been prepared for him, that has been certified to the court as appro- priate by the director of the facility in which he is committed, and that has been found by the court to be appropriate; and (B) order, as an explicit condition of re- lease, that he comply with the prescribed regimen of medical, psychiatric, or psycho- logical care or treatment. The court at any time may, after a hearing em- ploying the same criteria, modify or eliminate the regimen of medical, psychiatric, or psycho- logical care or treatment. (f) REVOCATION OF CONDITIONAL DISCHARGE.— The director of a medical facility responsible for administering a regimen imposed on a person conditionally discharged under subsection (e) shall notify the Attorney General and the court having jurisdiction over the person of any fail- ure of the person to comply with the regimen. Upon such notice, or upon other probable cause to believe that the person has failed to comply with the prescribed regimen of medical, psy- chiatric, or psychological care or treatment, the person may be arrested, and, upon arrest, shall be taken without unnecessary delay before the court having jurisdiction over him. The court shall, after a hearing, determine whether the person should be remanded to a suitable facility on the ground that, in light of his failure to comply with the prescribed regimen of medical, psychiatric, or psychological care or treatment, his continued release would create a substantial risk of bodily injury to another person or seri- ous damage to property of another. (g) RELEASE TO STATE OF CERTAIN OTHER PER- SONS.—If the director of a facility in which a person is hospitalized pursuant to this chapter certifies to the Attorney General that a person, against whom all charges have been dismissed for reasons not related to the mental condition of the person, is presently suffering from a men- tal disease or defect as a result of which his re- lease would create a substantial risk of bodily injury to another person or serious damage to property of another, the Attorney General shall release the person to the appropriate official of the State in which the person is domiciled or was tried for the purpose of institution of State proceedings for civil commitment. If neither such State will assume such responsibility, the Attorney General shall release the person upon receipt of notice from the State that it will not assume such responsibility, but not later than ten days after certification by the director of the facility. (h) DEFINITION.—As used in this chapter the term ‘‘State’’ includes the District of Columbia. (Added Sept. 7, 1949, ch. 535, § 1, 63 Stat. 687; amended Pub. L. 98–473, title II, § 403(a), Oct. 12, 1984, 98 Stat. 2062; Pub. L. 101–647, title XXXV, § 3599D, Nov. 29, 1990, 104 Stat. 4932; Pub. L. 105–33, title XI, § 11204(1), Aug. 5, 1997, 111 Stat. 739.) Editorial Notes AMENDMENTS 1997—Subsec. (a). Pub. L. 105–33, § 11204(1)(A), inserted ‘‘in the custody of the Bureau of Prisons’’ after ‘‘cer- tifies that a person’’. Subsec. (h). Pub. L. 105–33, § 11204(1)(B), added subsec. (h). 1990—Subsec. (g). Pub. L. 101–647 substituted ‘‘chap- ter’’ for ‘‘subchapter’’. 1984—Pub. L. 98–473 amended section generally, sub- stituting ‘‘Hospitalization of a person due for release but suffering from mental disease or defect’’ for ‘‘Pro- cedure upon finding of mental incompetency’’ in sec- tion catchline, and substituting provisions relating to proceedings, examination and report, hearing, etc., re- garding hospitalization of a person due for release but suffering from mental disease or defect, for provisions relating to powers of the trial court with respect to finding of mental incompetency of accused. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1997 AMENDMENT Pub. L. 105–33, title XI, § 11721, Aug. 5, 1997, 111 Stat. 786, provided that: ‘‘Except as otherwise provided in this title [enacting section 138 of former Title 40, Pub- lic Buildings, Property, and Works, amending this sec- tion, section 4247 of this title, section 1063 of Title 20, Education, section 225b of Title 24, Hospitals and Asy- lums, sections 6103 and 7213 of Title 26, Internal Rev- enue Code, sections 715 and 6501 of Title 31, Money and Finance, sections 71f and 138 of former Title 40, and sec- tions 13723 and 14407 of Title 42, The Public Health and Welfare, enacting provisions set out as a note under section 6103 of Title 26, and amending provisions set out as a note under section 4201 of this title], the provisions of this title shall take effect on the later of October 1, 1997, or the day the District of Columbia Financial Re- sponsibility and Management Assistance Authority certifies that the financial plan and budget for the Dis- trict government for fiscal year 1998 meet the require- ments of section 201(c)(1) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995 [Pub. L. 104–8, 109 Stat. 108], as amended by this title [so certified Sept. 8, 1997].’’ § 4247. General provisions for chapter (a) DEFINITIONS.—As used in this chapter— (1) ‘‘rehabilitation program’’ includes— (A) basic educational training that will as- sist the individual in understanding the soci- ety to which he will return and that will as- sist 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 partici- pating in, the society to which he will re- turn; (C) drug, alcohol, and sex offender treat- ment programs, and other treatment pro- grams that will assist the individual in over- coming a psychological or physical depend- ence or any condition that makes the indi- vidual dangerous to others; and (D) organized physical sports and recre- ation programs; (2) ‘‘suitable facility’’ means a facility that is suitable to provide care or treatment given the nature of the offense and the characteris- tics of the defendant; (3) ‘‘State’’ includes the District of Colum- bia; (4) ‘‘bodily injury’’ includes sexual abuse; (5) ‘‘sexually dangerous person’’ means a person who has engaged or attempted to en- gage in sexually violent conduct or child mo- lestation and who is sexually dangerous to others; and Page 936 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 4247 1 So in original. Probably should be followed by ‘‘to’’. (6) ‘‘sexually dangerous to others’’ with re- spect 1 a person, means that the person suffers from a serious mental illness, abnormality, or disorder as a result of which he would have se- rious difficulty in refraining from sexually violent conduct or child molestation if re- leased. (b) PSYCHIATRIC OR PSYCHOLOGICAL EXAMINA- TION.—A psychiatric or psychological examina- tion ordered pursuant to this chapter shall be conducted by a licensed or certified psychiatrist or psychologist, or, if the court finds it appro- priate, by more than one such examiner. Each examiner shall be designated by the court, ex- cept that if the examination is ordered under section 4245, 4246, or 4248, upon the request of the defendant an additional examiner may be se- lected by the defendant. For the purposes of an examination pursuant to an order under section 4241, 4244, or 4245, the court may commit the per- son 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 suit- able facility. Unless impracticable, the psy- chiatric 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) PSYCHIATRIC OR PSYCHOLOGICAL REPORTS.— A psychiatric or psychological report ordered pursuant to this chapter shall be prepared by the examiner designated to conduct the psy- chiatric or psychological examination, shall be filed with the court with copies provided to the counsel for the person examined and to the at- torney for the Government, and shall include— (1) the person’s history and present symp- toms; (2) a description of the psychiatric, psycho- logical, 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 an- other; (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 rec- ommendation the examiner may have as to how the mental condition of the defendant should affect the sentence. (d) HEARING.—At a hearing ordered pursuant to this chapter the person whose mental condi- tion is the subject of the hearing shall be rep- resented by counsel and, if he is financially un- able to obtain adequate representation, counsel shall be appointed for him pursuant to section 3006A. The person shall be afforded an oppor- tunity to testify, to present evidence, to sub- poena witnesses on his behalf, and to confront and cross-examine witnesses who appear at the hearing. (e) PERIODIC REPORT AND INFORMATION RE- QUIREMENTS.—(1) The director of the facility in which a person is committed pursuant to— (A) section 4241 shall prepare semiannual re- ports; or (B) section 4243, 4244, 4245, 4246, or 4248 shall prepare annual reports concerning the mental condition of the person and containing rec- ommendations concerning the need for his continued commitment. The reports shall be submitted to the court that ordered the per- son’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 com- mitted 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 Di- rector of the United States Secret Service. Ex- cept with the prior approval of the court, the Secret Service shall not use or disclose the in- formation 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 per- son is committed pursuant to section 4241, 4243, 4244, 4245, 4246, or 4248 shall inform such person of any rehabilitation programs that are avail- able for persons committed in that facility. (f) VIDEOTAPE RECORD.—Upon written request of defense counsel, the court may order a video- tape 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) HABEAS CORPUS UNIMPAIRED.—Nothing con- tained in section 4243, 4246, or 4248 precludes a person who is committed under either of such sections from establishing by writ of habeas cor- pus the illegality of his detention. (h) DISCHARGE.—Regardless of whether the di- rector of the facility in which a person is com- mitted has filed a certificate pursuant to the provisions of subsection (e) of section 4241, 4244, 4245, 4246, or 4248, or subsection (f) of section Page 937 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 4248 4243, counsel for the person or his legal guardian may, at any time during such person’s commit- ment, file with the court that ordered the com- mitment 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) AUTHORITY AND RESPONSIBILITY OF THE AT- TORNEY GENERAL.—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 implemen- tation of this chapter. (j) Sections 4241, 4242, 4243, and 4244 do not apply to a prosecution under an Act of Congress applicable exclusively to the District of Colum- bia or the Uniform Code of Military Justice. (Added Sept. 7, 1949, ch. 535, § 1, 63 Stat. 687; amended Pub. L. 98–473, title II, § 403(a), Oct. 12, 1984, 98 Stat. 2065; Pub. L. 100–690, title VII, §§ 7044, 7047(a), Nov. 18, 1988, 102 Stat. 4400, 4401; Pub. L. 103–322, title XXXIII, § 330003(d), Sept. 13, 1994, 108 Stat. 2141; Pub. L. 105–33, title XI, § 11204(2), (3), Aug. 5, 1997, 111 Stat. 739; Pub. L. 109–248, title III, § 302(3), July 27, 2006, 120 Stat. 619.) Editorial Notes REFERENCES IN TEXT Acts of Congress applicable exclusively to the Dis- trict of Columbia, referred to in subsec. (j), are classi- fied 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), amend- ed 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 hos- pitalization’’ 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 hospitaliza- tion’’. 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 ‘‘Sec- tions 4241, 4242, 4243, and 4244 do’’ for ‘‘This chapter does’’. 1994—Subsec. (h). Pub. L. 103–322 substituted ‘‘sub- section (e) of section 4241, 4244, 4245, or 4246, or sub- section (f) of section 4243,’’ for ‘‘subsection (e) of sec- tion 4241, 4243, 4244, 4245, or 4246,’’. 1988—Subsec. (b). Pub. L. 100–690, § 7047(a), substituted ‘‘psychologist’’ for ‘‘clinical psychologist’’ in first sen- tence. 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 ap- proval 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, sub- stituting ‘‘General provisions for chapter’’ for ‘‘Alter- nate procedure of expiration of sentence’’ in section catchline, and substituting provisions relating to defi- nitions, examinations, reports, etc., as applicable to chapter, for provisions relating to powers and duties re- garding alternate procedure on expiration of sentence of prisoner. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1997 AMENDMENT Amendment 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, includ- ing the functions of the Secretary of the Treasury re- lating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 381, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganiza- tion Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 4248. Civil commitment of a sexually dangerous person (a) INSTITUTION OF PROCEEDINGS.—In relation to a person who is in the custody of the Bureau of Prisons, 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 relating to the mental condition of the person, the Attorney General or any individual author- ized by the Attorney General or the Director of the Bureau of Prisons may certify that the per- son is a sexually dangerous person, and transmit the certificate to the clerk of the court for the district in which the person is confined. The