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"Sec.

"4233. Determination of mental competency to stand trial.

"4234. Pretrial commitment, custody, care, report and discharge.

"4235. Hearings on mental competency of persons committed without pretrial consideration thereof.

"4236. Disposition of criminal charges on legal issues.

"4237. Persons eligible for civil commitment.

"4238. Commitment of persons dangerous to person or property of others. "4239. Periodic review.

"4240. Motion for referral for examination.

"4241. Transfer of custody of previously committed persons.

"4242. Effective date of Act.

1 "§ 4230. Definitions

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"As referred to in this chapter

"(a) Court' means a United States district court

organized under chapter V, title 28 of the United States Code, but shall not include the court of the District of Columbia or the territorial courts.

"(b) Secretary' means Secretary of the Depart

ment of Health, Education, and Welfare.

"(c) 'Panel' shall refer to the panel of qualified psychiatrists created pursuant to section 4321.

"(d) As used in this chapter 'incompetent' means mentally incompetent to stand trial. An accused is mentally incompetent to stand trial if he is unable to understand the nature and consequences of the proceedings against him or to properly assist in his own defense.

"(e) As used in this chapter 'competent' means mentally competent to stand trial. An accused is mentally

competent to stand trial if, regardless of whether he is

suffering from mental illness, he is able to understand the

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nature and consequences of the proceedings against him and properly to assist in his defense.

"(f) ‘Lack of criminal responsibility' means lack of mental capacity to commit the offense or offenses charged

as determined by the applicable law in the Federal

trial jurisdiction and includes any defense of insanity recognized in such Federal jurisdiction.

8 "§ 4231. Designation of a panel of qualified psychiatrists

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"The district court for each judicial district shall des10 ignate a panel or panels of qualified psychiatrists, who may 11 but need not be residents of the district, to conduct examina12 tions under this chapter. In accordance with local rules 13 adopted for this purpose, the court shall examine and qualify 14 members of any panel. Members of a panel shall be paid 15 for their services by the Department of Justice.

16 "§ 4232. Psychiatric examinations

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"(a) All examinations under this chapter shall be con18 ducted as expeditiously as possible and with as minimal a 19 restraint upon the liberty of the person to be examined as is 20 consistent with the need for proper examination, except as 21 otherwise provided in this Act.

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"(b) In all cases in which examinations by a qualified 23 psychiatrist is required by this chapter, the court shall refer

24 the person to be examined to a member of a panel.

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"(c) If the member of a panel to whom an examina

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1 tion was assigned demonstrates to the court that in order 2 properly to complete examination of a person it is neces3 sary to have that person confined in a hospital or other 4 medical facility, or if the court should otherwise determine 5 such action necessary, the court may order him confined in 6 such hospital or facility. For these purposes hospital facilities, 7 including but not limited to those of the Public Health Serv8 ice, the Veterans' Administration, and the Department of 9 Defense, may be used.

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"(d) The accused shall be represented by counsel at all 11 stages of court proceedings pursuant to this chapter. Coun12 sel shall be appointed, for persons who are financially unable 13 to obtain adequate representation, under the provisions of 14 the Criminal Justice Act of 1964, section 3C06A of title 15 18, United States Code.

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"(e) If the court appoints a psychiatrist to examine a 17 person under the provisions of this chapter, such psychiatrist 18 shall be compensated from appropriated funds for the rea19 sonable value of his services as determined by the court. 20 "§ 4233. Determination of mental competency to stand trial "(a) Whenever after charge by either complaint, in22 formation or indictment, and prior to either the imposition 23 of sentence or the evocation of probation, the court has rea24 sonable canse to belie ve an accused may be incompetent. the 25 court shall refer the a cused to a member of a panel of qual

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1 ified psychiatrists for examination as to his competency. The 2 scope of an examination under this section shall be limited to 3 the mental competency of the accused to stand trial or proceed 4 with a hearing on revocation of probation. The report of this 5 examination shall state the medical and other data upon 6 which the opinion of the member of a panel is based, which 7 shall be filed with the court, and copies given to the United 8 States Attorney and to the accused or his counsel as soon as 9 possible, but in no event more than ten days after entry of 10 the order or examination unless otherwise ordered by the

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court.

(b) After the receipt of the report of a member of the 13 panel the court shall hold a hearing, upon due notice, at 14 which the report and all other evidence as to the competency 15 of the accused may be submitted by the parties: Provided, 16 however, That the hearing need not be held if the report in17 dicates that the accused is competent and if the accused, in 18 open court, signs a written waiver. The accused shall have 19 the right to testify, confront and cross-examine adverse wit20 nesses, present evidence and subpena witnesses in his own 21 behalf. On the basis of the evidence presented. the court shall 22 make a finding with respect to the competency of the 23 accused.

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"(c) No statement made by the accused in the course 25 of any examination or hearing into his competency under

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1 this section shall be admitted in evidence on the issues of 2 guilt or criminal responsibility in any criminal proceedings. 3 A finding by the court that the accused is competent shall 4 in no way prejudice the accused in a plea of lack of criminal 5 responsibility as a defense to the crime charged, and such a 6 finding shall not be introduced in evidence on that issue nor 7 otherwise be brought to the notice of the jury.

8 "84234. Pretrial commitment, custody, care, report, and

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discharge

"(a) Whenever the trial court shall determine that an 11 accused is incompetent, it may commit the accused to the 12 custody of the Secretary for such care and treatment as is 13 deemed appropriate by the Secretary. The period of com14 mitment under this section shall run until the accused is 15 determined by the court to be competent, or until the charges 16 are disposed of according to law, or until the accused has 17 been committed to the custody of the Secretary pursuant to 18 sections 4238 (f) and 4239 (d), whichever occurs first: Pro19 vided, however, That the Secretary may temporarily release 20 the accused from the institution to which he is committed. 21 Notice of such anticipated release shall be sent to the court 22 and the United States Attorney of the district in which pro23 ceedings under section 4233 were held, not less than ten

days before the date of the anticipated release. If the United States Attorney objects to such release, the committing court