Us Code § 876b - Art. 76b. Lack of mental capacity or mental responsibility: commitment of accused for examination and treatment
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§ 876b. Art. 76b. Lack of mental capacity or mental responsibility: commitment of accused for examination and treatment
(a)
(2) The Attorney General shall take action in accordance with section 4241(d) of title 18.
(3) If at the end of the period for hospitalization provided for in section 4241(d) of title 18, it is determined that the committed person's mental condition has not so improved as to permit the trial to proceed, action shall be taken in accordance with section 4246 of such title.
(4)(A) When the director of a facility in which a person is hospitalized pursuant to paragraph (2) determines that the person has recovered to such an extent that the person is able to understand the nature of the proceedings against the person and to conduct or cooperate intelligently in the defense of the case, the director shall promptly transmit a notification of that determination to the Attorney General and to the general court-martial convening authority for the person. The director shall send a copy of the notification to the person's counsel.
(B) Upon receipt of a notification, the general court-martial convening authority shall promptly take custody of the person unless the person covered by the notification is no longer subject to this chapter. If the person is no longer subject to this chapter, the Attorney General shall take any action within the authority of the Attorney General that the Attorney General considers appropriate regarding the person.
(C) The director of the facility may retain custody of the person for not more than 30 days after transmitting the notifications required by subparagraph (A).
(5) In the application of section 4246 of title 18 to a case under this subsection, references to the court that ordered the commitment of a person, and to the clerk of such court, shall be deemed to refer to the general court-martial convening authority for that person. However, if the person is no longer subject to this chapter at a time relevant to the application of such section to the person, the United States district court for the district where the person is hospitalized or otherwise may be found shall be considered as the court that ordered the commitment of the person.
(b)
(2) The court-martial shall conduct a hearing on the mental condition in accordance with subsection (c) of section 4243 of title 18. Subsections (b) and (d) of that section shall apply with respect to the hearing.
(3) A report of the results of the hearing shall be made to the general court-martial convening authority for the person.
(4) If the court-martial fails to find by the standard specified in subsection (d) of section 4243 of title 18 that the person's release would not create a substantial risk of bodily injury to another person or serious damage of property of another due to a present mental disease or defect—
(A) the general court-martial convening authority may commit the person to the custody of the Attorney General; and
(B) the Attorney General shall take action in accordance with subsection (e) of section 4243 of title 18.
(5) Subsections (f), (g), and (h) of section 4243 of title 18 shall apply in the case of a person hospitalized pursuant to paragraph (4)(B), except that the United States district court for the district where the person is hospitalized shall be considered as the court that ordered the person's commitment.
(c)
(2) In the application of section 4247(d) of title 18 to hearings conducted by a court-martial under this section or by (or by order of) a general court-martial convening authority under this section, the reference in that section to section 3006A of such title does not apply.
(d)
(2) If the status of a person as described in section 802 of this title (article 2) terminates while the person is, pursuant to this section, in the custody of the Attorney General, hospitalized, or on conditional release under a prescribed regimen of medical, psychiatric, or psychological care or treatment, the provisions of this section establishing requirements and procedures regarding a person no longer subject to this chapter shall continue to apply to that person notwithstanding the change of status.
(Added Pub. L. 104–106, div. A, title XI, §1133(a)(1), Feb. 10, 1996, 110 Stat. 464.)
Statutory Notes and Related Subsidiaries
Effective Date
Pub. L. 104–106, div. A, title XI, §1133(c), Feb. 10, 1996, 110 Stat. 466, provided that: "Section 876b of title 10, United States Code (article 76b of the Uniform Code of Military Justice), as added by subsection (a), shall take effect at the end of the six-month period beginning on the date of the enactment of this Act [Feb. 10, 1996] and shall apply with respect to charges referred to courts-martial after the end of that period."
SUBCHAPTER X—PUNITIVE ARTICLES
| Sec. | Art. | |
|---|---|---|
| 877. | 77. | Principals. |
| 878. | 78. | Accessory after the fact. |
| 879. | 79. | Conviction of offense charged, lesser included offenses, and attempts. |
| 880. | 80. | Attempts. |
| 881. | 81. | Conspiracy. |
| 882. | 82. | Soliciting commission of offenses. |
| 883. | 83. | Malingering. |
| 884. | 84. | Breach of medical quarantine. |
| 885. | 85. | Desertion. |
| 886. | 86. | Absence without leave. |
| 887. | 87. | Missing movement; jumping from vessel. |
| 887a. | 87a. | Resistance, flight, breach of arrest, and escape. |
| 887b. | 87b. | Offenses against correctional custody and restriction. |
| 888. | 88. | Contempt toward officials. |
| 889. | 89. | Disrespect toward superior commissioned officer; assault of superior commissioned officer. |
| 890. | 90. | Willfully disobeying superior commissioned officer. |
| 891. | 91. | Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer. |
| 892. | 92. | Failure to obey order or regulation. |
| 893. | 93. | Cruelty and maltreatment. |
| 893a. | 93a. | Prohibited activities with military recruit or trainee by person in position of special trust. |
| 894. | 94. | Mutiny or sedition. |
| 895. | 95. | Offenses by sentinel or lookout. |
| 895a. | 95a. | Disrespect toward sentinel or lookout. |
| 896. | 96. | Release of prisoner without authority; drinking with prisoner. |
| 897. | 97. | Unlawful detention. |
| 898. | 98. | Misconduct as prisoner. |
| 899. | 99. | Misbehavior before the enemy. |
| 900. | 100. | Subordinate compelling surrender. |
| 901. | 101. | Improper use of countersign. |
| 902. | 102. | Forcing a safeguard. |
| 903. | 103. | Spies. |
| 903a. | 103a. | Espionage. |
| 903b. | 103b. | Aiding the enemy. |
| 904. | 104. | Public records offenses. |
| 904a. | 104a. | Fraudulent enlistment, appointment, or separation. |
| 904b. | 104b. | Unlawful enlistment, appointment, or separation. |
| 905. | 105. | Forgery. |
| 905a. | 105a. | False or unauthorized pass offenses. |
| 906. | 106. | Impersonation of officer, noncommissioned or petty officer, or agent or official. |
| 906a. | 106a. | Wearing unauthorized insignia, decoration, badge, ribbon, device, or lapel button. |
| 907. | 107. | False official statements; false swearing. |
| 907a. | 107a. | Parole violation. |
| 908. | 108. | Military property of United States–Loss, damage, destruction, or wrongful disposition. |
| 908a. | 108a. | Captured or abandoned property. |
| 909. | 109. | Property other than military property of United States—Waste, spoilage, or destruction. |
| 909a. | 109a. | Mail matter: wrongful taking, opening, etc. |
| 910. | 110. | Improper hazarding of vessel or aircraft. |
| 911. | 111. | Leaving scene of vehicle accident. |
| 912. | 112. | Drunkenness and other incapacitation offenses. |
| 912a. | 112a. | Wrongful use, possession, etc., of controlled substances. |
| 913. | 113. | Drunken or reckless operation of a vehicle, aircraft, or vessel. |
| 914. | 114. | Endangerment offenses. |
| 915. | 115. | Communicating threats. |
| 916. | 116. | Riot or breach of peace. |
| 917. | 117. | Provoking speeches or gestures. |
| 917a. | 117a. | Wrongful broadcast or distribution of intimate visual images.1 |
| 918. | 118. | Murder. |
| 919. | 119. | Manslaughter. |
| 919a. | 119a. | Death or injury of an unborn child. |
| 919b. | 119b. | Child endangerment. |
| 920. | 120. | Rape and sexual assault generally. |
| 920a. | 120a. | Mails: deposit of obscene matter. |
| 920b. | 120b. | Rape and sexual assault of a child. |
| 920c. | 120c. | Other sexual misconduct. |
| 921. | 121. | Larceny and wrongful appropriation. |
| 921a. | 121a. | Fraudulent use of credit cards, debit cards, and other access devices. |
| 921b. | 121b. | False pretenses to obtain services. |
| 922. | 122. | Robbery. |
| 922a. | 122a. | Receiving stolen property. |
| 923. | 123. | Offenses concerning Government computers. |
| 923a. | 123a. | Making, drawing, or uttering check, draft, or order without sufficient funds. |
| 924. | 124. | Frauds against the United States. |
| 924a. | 124a. | Bribery. |
| 924b. | 124b. | Graft. |
| 925. | 125. | Kidnapping. |
| 926. | 126. | Arson; burning property with intent to defraud. |
| 927. | 127. | Extortion. |
| 928. | 128. | Assault. |
| 928a. | 128a. | Maiming. |
| 928b. | 128b. | Domestic violence. |
| 929. | 129. | Burglary; unlawful entry. |
| [929a. | 129a. | Omitted.] |
| 930. | 130. | Stalking. |
| 931. | 131. | Perjury. |
| 931a. | 131a. | Subornation of perjury. |
| 931b. | 131b. | Obstructing justice. |
| 931c. | 131c. | Misprision of serious offense. |
| 931d. | 131d. | Wrongful refusal to testify. |
| 931e. | 131e. | Prevention of authorized seizure of property. |
| 931f. | 131f. | Noncompliance with procedural rules. |
| 931g. | 131g. | Wrongful interference with adverse administrative proceeding. |
| 932. | 132. | Retaliation. |
| 933. | 133. | Conduct unbecoming an officer. |
| 934. | 134. | General article. |
1 Editorially added, see second 2017 Amendment note below.
Editorial Notes
Amendments
2021—Pub. L. 117–81, div. A, title V, §542(b), Dec. 27, 2021, 135 Stat. 1709, substituted "Conduct unbecoming an officer" for "Conduct unbecoming an officer and a gentleman" in item 933.
2018—Pub. L. 115–232, div. A, title V, §532(a)(2), Aug. 13, 2018, 132 Stat. 1759, added item 928b.
2017—Pub. L. 115–91, div. A, title X, §1081(d)(18), Dec. 12, 2017, 131 Stat. 1600, amended Pub. L. 114–328, §5452. See 2016 Amendment note below.
Pub. L. 115–91, div. A, title V, §533(b), Dec. 12, 2017, 131 Stat. 1390, added item 917a. As amended generally by section 5452 of Pub. L. 114–328, which was enacted Dec. 23, 2016, but effective Jan. 1, 2019 (see 2016 Amendment note below), analysis no longer included item 917a, but item was added back editorially, to reflect the probable intent of Congress.
2016—Pub. L. 114–328, div. E, title LX, §5452, Dec. 23, 2016, 130 Stat. 2958, as amended by Pub. L. 115–91, div. A, title X, §1081(d)(18), Dec. 12, 2017, 131 Stat. 1600, amended analysis generally, substituting items 877 to 934 for former items 877 to 934.
2013—Pub. L. 113–66, div. A, title XVII, §1707(b), Dec. 26, 2013, 127 Stat. 961, substituted "Forcible sodomy; bestiality" for "Sodomy" in item 925.
2011—Pub. L. 112–81, div. A, title V, §541(e), Dec. 31, 2011, 125 Stat. 1410, substituted "Rape and sexual assault generally" for "Rape, sexual assault, and other sexual misconduct" in item 920 and added items 920b and 920c.
2006—Pub. L. 109–163, div. A, title V, §552(a)(2), Jan. 6, 2006, 119 Stat. 3262, substituted "Rape, sexual assault, and other sexual misconduct" for "Rape and carnal knowledge" in item 920.
Pub. L. 109–163, div. A, title V, §551(a)(2), Jan. 6, 2006, 119 Stat. 3256, added item 920a.
2004—Pub. L. 108–212, §3(b), Apr. 1, 2004, 118 Stat. 570, added item 919a.
1997—Pub. L. 105–85, div. A, title X, §1073(a)(10), Nov. 18, 1997, 111 Stat. 1900, struck out "Art." before "95" in item 895.
1996—Pub. L. 104–106, div. A, title XI, §1112(b), Feb. 10, 1996, 110 Stat. 461, inserted "flight," after "Resistance," in item 895.
1992—Pub. L. 102–484, div. A, title X, §1066(a)(2), Oct. 23, 1992, 106 Stat. 2506, substituted "operation of a vehicle, aircraft, or vessel" for "driving" in item 911.
1985—Pub. L. 99–145, title V, §534(b), Nov. 8, 1985, 99 Stat. 635, added item 906a.
1983—Pub. L. 98–209, §8(b), Dec. 6, 1983, 97 Stat. 1404, added item 912a.
1961—Pub. L. 87–385, §1(2), Oct. 4, 1961, 75 Stat. 814, added item 923a.
About This Section
10 U.S.C. § 876b is part of Title 10 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
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