Procedures for Examination
The initial competency examination of defendants free on bail
normally be made locally by private psychiatrists or on an
outpatient basis at
a hospital or clinic. The use of local examiners whenever possible
to obviate extensive travel by Bureau of Prison psychiatrists and
to avoid due
process issues arising from unnecessary infringements of a
interests. See Marcey v. Harris, 400 F.2d 772 (D.C.
Compare In re Newchurch, 807 F.2d 404 (5th Cir.
1986). It is the
responsibility of the United States Attorney to determine the
board-certified psychiatrists and licensed clinical psychologists,
maintain a panel from which selections may be made.|
The court also has discretion to order the accused committed
to the custody
of the Attorney General for purposes of an examination under
See 18 U.S.C. § 4247(b); United States v.
Weissberger, 951 F.2d
392, 399 (D.C. Cir. 1991); Featherston v. Mitchell, 418 F.2d
582, 585 (5th
Cir. 1969), cert. denied, 397 U.S. 937 (1970); United
Hartz, 852 F. Supp. 511, 514 (S.D. W.Va.), aff'd, 27
F.3d 564 (4th
Cir. 1994). Such a commitment may be for a reasonable period, not
thirty days, subject to extension for an additional fifteen days on
of the director of the facility making the examination. See
§ 4247(b). After the court makes a determination that
examination is necessary, it is the responsibility of the Attorney
through the Bureau of Prisons, to select the specific facility at
examination will be conducted. See 18 U.S.C. § 4247(b).
Whenever the accused is referred for examination, the
States Attorney should forward to the examining doctor a letter
setting forth a
full exposition concerning the alleged crime together with all
information on the accused, including any history of criminal
convictions and any
prior history of mental illness.