Page:United States Statutes at Large Volume 110 Part 5.djvu/420

 110 STAT. 3494 PUBLIC LAW 104-294—OCT. 11, 1996 "(9) the term 'government entity includes the Government of the United States, any State or political subdivision of the United States, any foreign country, and any state, province, municipality, or other political subdivision of a foreign country."; and (5) in subsection (g)— (A) by striking ", other than a violation of subsection (a)(5)(B),"; and (B) by striking "of any subsection other than subsection (a)(5)(A)(ii)(II)(bb) or (a)(5)(B)(ii)(II)(bb)" and inserting "involving damage as defined in subsection (e)(8)(A)". TITLE III—TRANSFER OF PERSONS FOUND NOT GUILTY BY REASON OF INSANITY SEC. 301. TRANSFER OF PERSONS FOUND NOT GUILTY BY REASON OF INSANITY. (a) AMENDMENT OF SECTION 4243 OF TITLE 18. —Section 4243 of title 18, United States Code, is amended by adding at the end the following new subsection: "(i) CERTAIN I*ERSONS FOUND NOT GUILTY BY REASON OF INSANITY IN THE DISTRICT OF COLUMBIA.— " (1) TRANSFER TO CUSTODY OF THE ATTORNEY GENERAL.— Notwithstanding section 301(h) of title 24 of the District of Columbia Code, and notwithstanding subsection 4247(j) of this title, all persons who have been committed to a hospital for the mentally ill pursuant to section 301(d)(1) of title 24 of the District of Columbia Code, and for whom the United States has continuing financial responsibility, may be transferred to the custody of the Attorney General, who shall hospitalize the person for treatment in a suitable facility. "(2) APPLICATION.— "(A) IN GENERAL.— The Attorney General may establish custody over such persons by filing an application in the United States District Court for the District of Columbia, demonstrating that the person to be transferred is a person •- described in this subsection. "(B) NOTICE. —The Attorney General shall, by any means reasonably designed to do so, provide written notice of the proposed transfer of custody to such person or such persons guardian, legal representative, or other lawful agent. The person to be transferred shall be afforded an opportunity, not to exceed 15 days, to respond to the pro- Eosed transfer of custody, and may, at the court's discretion, e afforded a hearing on the proposed transfer of custody! Such hearing, if granted, shall be limited to a determination of whether the constitutional rights of such person would be violated by the proposed transfer of custody. "(C) ORDER. —Upon application of the Attorney General, the court shall order the person transferred to the custody of the Attorney General, unless, pursuant to a hearing under this paragraph, the court finds that the proposed transfer would violate a right of such person under the United States Constitution.

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