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641. Hospitalization of a Convicted Person Suffering from a Mental Disease or Defect—18 U.S.C. § 4244

Section 4244 of Title 18 provides a sentencing option for convicted defendants who need care or treatment at a "suitable facility" for mental disease/defect. After a hearing, a convicted defendant found to be in need of treatment is to be committed to the custody of the Attorney General for treatment. This commitment constitutes a provisional sentence for the maximum term authorized for the offense. If the defendant recovers before this term expires, the court is to proceed to final sentencing, and may modify the provisional sentence.

[cited in USAM 9-18.000]

Updated December 18, 2015