(2) The Attorney General shall take action in accordance with section 4241(d) of title 18.
(3) If at the end of the period for hospitalization provided for in section 4241(d) of title 18, it is determined that the committed person's mental condition has not so improved as to permit the trial to proceed, action shall be taken in accordance with section 4246 of such title.
(4)(A) When the director of a facility in which a person is hospitalized pursuant to paragraph (2) determines that the person has recovered to such an extent that the person is able to understand the nature of the proceedings against the person and to conduct or cooperate intelligently in the defense of the case, the director shall promptly transmit a notification of that determination to the Attorney General and to the general court-martial convening authority for the person. The director shall send a copy of the notification to the person's counsel.
(B) Upon receipt of a notification, the general court-martial convening authority shall promptly take custody of the person unless the person covered by the notification is no longer subject to this chapter. If the person is no longer subject to this chapter, the Attorney General shall take any action within the authority of the Attorney General that the Attorney General considers appropriate regarding the person.
(C) The director of the facility may retain custody of the person for not more than 30 days after transmitting the notifications required by subparagraph (A).
(5) In the application of section 4246 of title 18 to a case under this subsection, references to the court that ordered the commitment of a person, and to the clerk of such court, shall be deemed to refer to the general court-martial convening authority for that person. However, if the person is no longer subject to this chapter at a time relevant to the application of such section to the person, the United States district court for the district where the person is hospitalized or otherwise may be found shall be considered as the court that ordered the commitment of the person.
(2) The court-martial shall conduct a hearing on the mental condition in accordance with subsection (c) of section 4243 of title 18. Subsections (b) and (d) of that section shall apply with respect to the hearing.
(3) A report of the results of the hearing shall be made to the general court-martial convening authority for the person.
(4) If the court-martial fails to find by the standard specified in subsection (d) of section 4243 of title 18 that the person's release would not create a substantial risk of bodily injury to another person or serious damage of property of another due to a present mental disease or defect—
(A) the general court-martial convening authority may commit the person to the custody of the Attorney General; and
(B) the Attorney General shall take action in accordance with subsection (e) of section 4243 of title 18.
(5) Subsections (f), (g), and (h) of section 4243 of title 18 shall apply in the case of a person hospitalized pursuant to paragraph (4)(B), except that the United States district court for the district where the person is hospitalized shall be considered as the court that ordered the person's commitment.
(2) In the application of section 4247(d) of title 18 to hearings conducted by a court-martial under this section or by (or by order of) a general court-martial convening authority under this section, the reference in that section to section 3006A of such title does not apply.
(2) If the status of a person as described in section 802 of this title (article 2) terminates while the person is, pursuant to this section, in the custody of the Attorney General, hospitalized, or on conditional release under a prescribed regimen of medical, psychiatric, or psychological care or treatment, the provisions of this section establishing requirements and procedures regarding a person no longer subject to this chapter shall continue to apply to that person notwithstanding the change of status.
(Added Pub. L. 104–106, div. A, title XI, §1133(a)(1), Feb. 10, 1996, 110 Stat. 464.)
|878.||78.||Accessory after the fact.|
|879.||79.||Conviction of lesser included offense.|
|883.||83.||Fraudulent enlistment, appointment, or separation.|
|884.||84.||Unlawful enlistment, appointment, or separation.|
|886.||86.||Absence without leave.|
|888.||88.||Contempt toward officials.|
|889.||89.||Disrespect toward superior commissioned officer.|
|890.||90.||Assaulting or willfully disobeying superior commissioned officer.|
|891.||91.||Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer.|
|892.||92.||Failure to obey order or regulation.|
|893.||93.||Cruelty and maltreatment.|
|894.||94.||Mutiny or sedition.|
|895.||95.||Resistance, flight, breach of arrest, and escape.|
|896.||96.||Releasing prisoner without proper authority.|
|898.||98.||Noncompliance with procedural rules.|
|899.||99.||Misbehavior before the enemy.|
|900.||100.||Subordinate compelling surrender.|
|901.||101.||Improper use of countersign.|
|902.||102.||Forcing a safeguard.|
|903.||103.||Captured or abandoned property.|
|904.||104.||Aiding the enemy.|
|905.||105.||Misconduct as prisoner.|
|907.||107.||False official statements.|
|908.||108.||Military property of United States—Loss, damage, destruction, or wrongful disposition.|
|909.||109.||Property other than military property of United States—Waste, spoilage, or destruction.|
|910.||110.||Improper hazarding of vessel.|
|911.||111.||Drunken or reckless operation of a vehicle, aircraft, or vessel.|
|912.||112.||Drunk on duty.|
|912a.||112a.||Wrongful use, possession, etc., of controlled substances.|
|913.||113.||Misbehavior of sentinel.|
|916.||116.||Riot or breach of peace.|
|917.||117.||Provoking speeches or gestures.|
|919a.||119a.||Death or injury of an unborn child.|
|920.||120.||Rape and sexual assault generally.|
|920b.||120b.||Rape and sexual assault of a child.|
|920c.||120c.||Other sexual misconduct.|
|921.||121.||Larceny and wrongful appropriation.|
|923a.||123a.||Making, drawing, or uttering check, draft, or order without sufficient funds.|
|925.||125.||Forcible sodomy; bestiality.|
|932.||132.||Frauds against the United States.|
|933.||133.||Conduct unbecoming an officer and a gentleman.|
Last modified: October 26, 2015