Page:United States Statutes at Large Volume 98 Part 2.djvu/899

 PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 2059

defense to the offense charged, and shall not be admissible a s evidence in a trial for the offense charged. '*§ 4242. Determination of the existence of insanity a t the time of the offense

18 USC 4242.

"(a) M O T I O N FOR PRETRIAL PSYCHIATRIC OR PSYCHOLOGICAL E X A M I -

NATION.—Upon the filing of a notice, as provided in Rule 12.2 of the Federal Rules of Criminal Procedure, that the defendant intends to rely on the defense of insanity, the court, upon motion of the attorney for the Government, shall order that a psychiatric or psychological examination of the defendant be conducted, and that a psychiatric or psychological report be filed with the court, pursuant to the provisions of section 4247(b) and (c). "(b) SPECIAL VERDICT.—If the issue of insanity is raised by notice as provided in Rule 12.2 of the Federal Rules of Criminal Procedure on motion of the defendant or of the attorney for the Government, or on the court's own motion, the j u r y shall be instructed to find, or, in the event of a nonjury trial, the court shall find the defendant— "(1) guilty; "(2) not guilty; or "(3) not guilty only by reason of insanity. "§ 4243. Hospitalization of a person found not guilty only by reason of insanity "(a) DETERMINATION OF P R E S E N T M E N T A L CONDITION OF ACQUITTED

PERSON.—If a person is found not guilty only by reason of insanity at the time of the offense charged, h e shall be committed to a suitable facility until such t i m e as h e is eligible for release pursuant to subsection (e). "(b) PSYCHIATRIC OR PSYCHOLOGICAL EXAMINATION AND R E P O R T. —

Prior to the date of the hearing, pursuant to subsection (c), the court shall order that a psychiatric or psychological examination of the defendant be conducted, and that a psychiatric or psychological report be filed with the court, pursuant to the provisions of section 4247 (b) and (c). "(c) H E A R I N G. — A h e a r i n g shall be conducted pursuant to the provisions of section 4247(d) and shall t a k e place not later than forty days following the special verdict. "(d) BURDEN OF PROOF.—In a hearing pursuant to subsection (c) of this section, a person found not guilty only by reason of insanity of an offense involving bodily injury to, or serious damage to the property of, a n other person, or involving a substantial risk of such injury or damage, has the burden of proving by clear and convincing evidence that his release would not create a substantial risk of bodily injury to a n other person or serious damage of property of a n other d u e to a present mental disease or defect. With respect to any other offense, the person has the burden of such proof by a preponderance of the evidence. "(e) DETERMINATION AND DISPOSITION.—If, after the h e a r i n g, the

court fails to find by the standard specified in subsection (d) of this section that the person's release would not create a substantial risk of bodily injury to a n other person or serious damage of property of a n other d u e to a present mental disease or defect, the court shall commit the person to the custody of the Attorney General. The Attorney General shall release the person to the appropriate official of the State in which the person is domiciled or was tried if such State will assume responsibility for his custody, care, and t r e a t m e n t.

18 USC app.

18 USC 4243.

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