4243. Hospitalization of a person found not guilty

Front

What happens to a person found not guilty only by reason of insanity?

Back

They are committed to a suitable facility until eligible for release under subsection (e).

Front

What must the court order before the hearing under subsection (c)?

Back

A psychiatric or psychological examination and report, as per section 4247(b) and (c).

Front

When must the hearing under subsection (c) take place?

Back

Not later than forty days following the special verdict.

Front

What is the burden of proof for offenses involving bodily injury or serious property damage?

Back

The person must prove by clear and convincing evidence that their release would not create a substantial risk of harm.

Front

What happens if the court fails to find that the person's release is safe after the hearing?

Back

The person is committed to the custody of the Attorney General for hospitalization or transfer to a State.

Front

What must the director of the facility do when the acquitted person recovers from their mental disease or defect?

Back

File a certificate with the court stating the person is safe for release or conditional release.

Front

What happens if the court finds the person safe for conditional release?

Back

The court orders conditional discharge under a prescribed regimen of medical, psychiatric, or psychological care.

Front

What happens if a person fails to comply with their conditional release regimen?

Back

They may be arrested and taken before the court to determine if they should be remanded to a facility.

Front

Under what conditions can a hospitalized individual temporarily leave the facility?

Back

With court approval, in an emergency, or when accompanied by a Federal law enforcement officer.

Front

What is the process for transferring custody of certain persons found not guilty by reason of insanity in the District of Columbia?

Back

The Attorney General files an application in court, provides notice, and may hold a hearing to ensure constitutional rights are not violated.