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Criminal Resource Manual 1561 Competency-Utilization Of Federal Facility

1561

Competency-Utilization of Federal Facility

In seeking commitment of a defendant for psychiatric evaluation, the holding in In re Newchurch, 807 F.2d 404 (5th Cir. 1986) may need to be distinguished; a defendant intending to rely on a defense of insanity was held to be entitled to a court determination of whether commitment to a remote facility for evaluation, rather than less intrusive outpatient evaluation or shorter confinement at a closer facility, was necessary, in view of the impact of extended remote commitment upon access to counsel, continued employment, and family contact.

[cited in USAM 9-65.463]

Updated February 19, 2015