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642. Hospitalization of an Imprisoned Person Suffering from a Mental Disease or Defect—18 U.S.C. § 4245

Section 4245 of Title 18 provides a statutory right to a judicial hearing for an imprisoned Federal defendant who objects to transfer to a psychiatric facility for treatment. See Vitek v. Jones, 445 U.S. 480 (1980)(involuntary transfer of convicted prisoner to mental institution implicates a liberty interest protected by the due process clause). A hearing is not required prior to transfer for psychiatric evaluation; the hearing on longer-term transfer for treatment is usually held in the district of the Federal hospital facility to which the prisoner has been sent for evaluation. See United States v. Jones, 811 F.2d 444 (8th Cir. 1987).

[cited in USAM 9-18.000]

Updated December 7, 2018