Page:United States Statutes at Large Volume 110 Part 1.djvu/489

 PUBLIC LAW 104-106—FEB. 10, 1996 110 STAT. 465 the nature of the proceedings against that person or to conduct or cooperate inteUigently 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. "(3) If at the end of the period for hospitalization provided for in section 4241(d) of title 18, 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 Notification, 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 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 MEN- TAL 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. 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 Reports. 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 defect—

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