U.S. Code » Title 18 » Part PART III— PRISONS AND PRISONERS › Chapter CHAPTER 313— OFFENDERS WITH MENTAL DISEASE OR DEFECT

18 U.S.C. § 4245

Hospitalization of an imprisoned person suffering from mental disease or defect

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(a)Motion To Determine Present Mental Condition of Imprisoned Person.—If a person serving a sentence of imprisonment objects either in writing or through his attorney to being transferred to a suitable facility for care or treatment, an attorney for the Government, at the request of the director of the facility in which the person is imprisoned, may file a motion with the court for the district in which the facility is located for a hearing on the present mental condition of the person. The court shall grant the motion if there is reasonable cause to believe that the person may presently be suffering from a mental disease or defect for the treatment of which he is in need of custody for care or treatment in a suitable facility. A motion filed under this subsection shall stay the transfer of the person pending completion of procedures contained in this section.(b)Psychiatric or Psychological Examination and Report.—Prior to the date of the hearing, the court may order that a psychiatric or psychological examination of the person may 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)Hearing.—The hearing shall be conducted pursuant to the provisions of section 4247(d).(d)Determination and Disposition.—If, after the hearing, the court finds by a preponderance of the evidence that the person is presently suffering from a mental disease or defect for the treatment of which he is in need of custody for care or treatment in a suitable facility, the court shall commit the person to the custody of the Attorney General. The Attorney General shall hospitalize the person for treatment in a suitable facility until he is no longer in need of such custody for care or treatment or until the expiration of the sentence of imprisonment, whichever occurs earlier.(e)Discharge.—When the director of the facility in which the person is hospitalized pursuant to subsection (d) determines that the person has recovered from his mental disease or defect to such an extent that he is no longer in need of custody for care or treatment in such a facility, he shall promptly file a certificate to that effect with the clerk of the court that ordered the commitment. The clerk shall send a copy of the certificate to the person’s counsel and to the attorney for the Government. If, at the time of the filing of the certificate, the term of imprisonment imposed upon the person has not expired, the court shall order that the person be reimprisoned until the expiration of his sentence of imprisonment.(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.)Editorial NotesAmendments

1984—Pub. L. 98–473 amended section generally, substituting “Hospitalization of an imprisoned person suffering from mental disease or defect” for “Mental incompetency undisclosed at trial” in section catchline, and substituting provisions relating to motion, examination and report, hearing, etc., to determine present mental condition of imprisoned person, for provisions relating to procedures and authorities regarding mental incompetency undisclosed at trial.

Notes of Decisions
Cited in 176 cases (13 in the last 5 years), 1954–2025 · leading case: United States v. Leroy Baker, 45 F.3d 837 (4th Cir. 1995).
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United States v. Leroy Baker, 45 F.3d 837 (4th Cir. 1995). · cites it 8× “Under the project, it was anticipated that the mental competency hearings required under 18 U.S.C. §§ 4245 and 4246 would be conducted by means of video conferencing.”
United States v. Horne, 955 F. Supp. 1141 (D. Minn. 1997). · cites it 25× “The matter came before the Magistrate Judge on the United States’ Petition to Determine Present Mental Condition of an Imprisoned Person under 18 U.S.C. § 4245 . The petition alleged that respondent is presently suffering from a mental disease or defect and is in need of custody…”
United States v. Ruth Muhammad, 165 F.3d 327 (5th Cir. 1999). · cites it 9× “RHESA HAWKINS BARKSDALE, Circuit Judge: For this expedited appeal from an order committing federal prisoner Ruth Muhammad to hospitalization for treatment, pursuant to 18 U.S.C. § 4245 , disposition having been by a magistrate judge, acting by written consent of the parties…”
United States v. Michael J. Bean, Jr., 373 F.3d 877 (8th Cir. 2004). · cites it 6× “Michael Bean, currently incarcerated for bank robbery, appeals from the district court’s order 2 and judgment, directing that he be committed to the custody of the Attorney General for mental illness treatment under 18 U.S.C. § 4245 . For reversal, Bean argues his involuntary…”
United States v. Paul v. Oates, 560 F.2d 45 (2d Cir. 1977). · cites it 2× “at 312, characterize as “evaluative reports” certificates issued pursuant to 18 U.S.C. § 4245 and findings made pursuant to 7 U.”
United States v. Harry Veltman, III, 9 F.3d 718 (8th Cir. 1994). · cites it 5× “Harry Veltman, III appeals from an order of the district court 1 committing him for treatment of mental disease or defect under 18 U.S.C. § 4245 (1988). The sole issue raised on appeal is Veltman’s lack of representation by counsel at the hearing.”
Catanzaro v. Harry, 848 F. Supp. 2d 780 (W.D. Mich. 2012). · cites it 3× “§§ 4245-4246 In Count II, Plaintiff asserts that Defendants violated 18 U.S.C. §§ 4245 , 4246. Section 4245 concerns the involuntary transfer of prisoners to mental health treatment facilities.”
United States v. Bryant, 670 F. Supp. 840 (D. Minn. 1987). · cites it 9× “The United States petitioned the court, pursuant to 18 U.S.C. § 4245 , to determine the mental condition of Bryant following Bryant’s refusal to consent to psychiatric treatment.”
Sealed 1 v. Sealed 1, 767 F.3d 418 (5th Cir. 2013). · cites it 5× “OWEN, Circuit Judge: Appellant, a federal prisoner, challenges her commitment to a mental-health treatment facility within the federal prison system pursuant to 18 U.S.C. § 4245 . We affirm. I The Government sought and obtained an order committing Appellant to a mental-health…”
United States v. John Digilio, 538 F.2d 972 (3d Cir. 1976). · cites it 2× “” 18 In the somewhat analogous context of a proceeding under 18 U.S.C. § 4245 , 19 the District of Columbia Circuit discussed, but did not resolve, the issue of the burden of proof of incompetency to stand trial.”
United States v. Gale Watson, United States of Am. v. Jackson Holmes, 893 F.2d 970 (8th Cir. 1990). · cites it 5× “On May 23, 1988, the United States filed a petition to determine the mental condition of Holmes pursuant to 18 U.S.C. § 4245 . 3 The government, through the psychological evaluation of Dr.”
United States v. John David Bartlett, 856 F.2d 1071 (8th Cir. 1988). · cites it 2× “18 U.S.C. § 4245 (providing for prisoner challenge to such a transfer).”
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18 U.S.C. § 4245(d): 1 case
Sealed 1 v. Sealed 1, No. 12-10153 (5th Cir. June 2, 2014).
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