1825

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]