Temporary Commitment of Incompetent Defendant
to Regain Competency
If, after the competency hearing, the court finds by a
preponderance of the
evidence that the defendant is presently incompetent to stand
trial, the court
must commit the defendant to the custody of the Attorney General.
General must then place the defendant in a suitable facility for
a reasonable period of time, not to exceed four months, to
there is a substantial probability that in the foreseeable future,
will attain the capacity to permit the trial to proceed.
See 18 U.S.C.
§ 4241(d). This commitment to the custody of the Attorney
treatment is mandatory. United States v. Shaway, 865 F.2d
856 (7th Cir.
1989); United States v. Donofrio, 896 F.2d 1301 (11th Cir.),
denied, 497 U.S. 1005 (1990).|
If, after the initial period of the treatment, the court
there is a substantial probability that the defendant will attain
to permit the trial to proceed within an additional reasonable
period of time,
the Attorney General shall continue to hospitalize the defendant
for an additional reasonable period of time until the defendant
competence or the pending charges are disposed of according to law.
When the director of the facility in which the defendant is
determines that the defendant has recovered his or her competency
to stand trial,
the director must file a certificate to that effect with the clerk
of the court
that ordered the commitment. The court then will hold another
hearing. If the court finds by a preponderance of the evidence
defendant has recovered to the extent that he/she is able to
nature and consequences of the proceedings against him/her and to
in his/her defense, the court shall order the defendant's immediate
from the facility in which the defendant is hospitalized and set a
trial. The defendant is then subject to the normal release and
provisions of 18 U.S.C. §§ 3141 et seq., which apply
criminal defendants. 18 U.S.C. § 4241(e).