Page:United States Statutes at Large Volume 76A.djvu/639

–543– -543(b) The court shall thereupon hold a hearing to determme the sanity or mental competency of the defendant m accordance with section 4862 of this title and with all the powers therein granted. I n the hearing the certificate of the Civil Affairs Director together with the report of the designated examiners shall be prima facie evidence of the facts and conclusions certified therein. (c) If the court finds that the defendant was insane or otherwise «o mentally incompetent as to be unable to understand the proceedings against him or properly to assist in his own defense at the time of trial, the court shall vacate the judgment of conviction and grant a new trial, § 4864. Procedure upon finding of mental incompetency When the court determines in accordance with section 4862 or 4863 of this title that a defendant is or was insane or mentally incompetent, the criminal proceedings shall be suspended and the court shall commit the defendant to a hospital as defined by section 1631 of Title 5 until: (1) the defendant shall be sane or mentally competent to continue with the proceedings; or (2) the pending charges against the defendant are dismissed or otherwise disposed of according to law and he is discharged from the hospital pursuant to chapter 57 of Title 5. § 4865. Commitment to hospital as exonerating bail The commitment of the defendant, as provided for by section 4864 of this title, exonerates his bail. A cash deposit in lieu of bail shall be returned to the depositor or, if made by the defendant, to the person authorized to receive the property of the defendant, § 4866. Rehearing as to mental incompetency after commitment to hospital (a) When in the opinion of at least one designated examiner, aa defined by section 1631 of Title 5, the defendant has become sane or mentally competent, the head of the hospital to which the defendant has been committed shall report the opinion and findings of the designated examiner to the court which committed the defendant. The report shall be made a part of the court record and shall be accessible to the counsel for the Government and the defendant or his counsel, (b) At any time after his commitment, the defendant may file a petition with the court which committed him for a rehearing on the question of his mental incompetency, if the petition is supported by an opinion and findings of at least one designated examiner, as defined by section 1631 of Title 5, that the defendant has become sane or mentally competent. (c) Within a reasonable time after the filing of a report under subsection (a) of this section or a petition under subsection (b) of this section, the court shall hold a hearing, upon due notice, in which evidence as to the mental condition of the defendant may be submitted and the court shall make a finding with respect thereto. (d) Section 4862(d) of this title applies to a statement by the defendant and a finding by the court in an examination or hearing provided for by this section. § 4867. Appeal from magistrate's determination of mental incompetency (a) The determination by a magistrate that a defendant is insane or is otherwise so mentally incompetent as to be unable to understand the proceedings against him or properly to assist in his own defense may be appealed by the defendant or by the Government to the district court, except that the Government may appeal only in proceedings not triable before the magistrate. (b) Appeals shall be begun and proceeded with de novo in the district court.

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