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Criminal Resource Manual

643. Hospitalization of a Person Due for Release But Suffering from Mental Disease/Defect—18 U.S.C. § 4246

Section 4246 of Title 18 establishes a Federal commitment procedure for mentally ill persons who are due to be released but whose release would create a substantial risk of serious bodily injury or serious property damage to others. It is applicable to any person otherwise due for release because of the expiration of a sentence, because of the expiration of the period of commitment to determine competency to stand trial, or because all criminal charges have been dropped solely for reasons related to the mental condition of the person. It is intended that this provision be used only when there are no State authorities willing to accept the person for commitment. See S.Rep. No. 225, 98th Cong., 1st Sess. 250, reprinted in 1984 U.S. Code Cong. & Admin. News 3182, 3432. It also provides Federal release provisions with which the State or Federal custodian must comply.

[cited in USAM 9-18.000]