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Criminal Resource Manual 1825 Elements Of Offense (28 U.S.C 1826(c)) -- Commitment


Elements of Offense (28 U.S.C § 1826(c)) -- Commitment

The commitment must be pursuant to either the recalcitrant witness provisions of 28 U.S.C. § 1826 or pursuant to 18 U.S.C. § 4243. A person is subject to this escape provision from the moment the verdict of not guilty by reason of insanity is announced until that person is released after a hearing to determine present mental illness and dangerousness, taken into state custody, or unconditionally released by federal authorities.

[cited in USAM 9-69.600]

Updated February 19, 2015