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§ 5722. Trial finding of lack of mental responsibility

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 51 Pa.C.S.A. Military AffairsEffective: October 24, 2013

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 51 Pa.C.S.A. Military Affairs (Refs & Annos)
Part IV. Military Justice (Refs & Annos)
Chapter 57. Trial Procedure (Refs & Annos)
Effective: October 24, 2013
51 Pa.C.S.A. § 5722
§ 5722. Trial finding of lack of mental responsibility
(a) Finding of lack of mental responsibility generally.--If an accused is found by a court-martial not guilty only by reason of lack of mental responsibility, the accused shall be committed to a suitable facility until he is eligible for release in accordance with this section.
(b) Hearing required.--The court-martial shall conduct a hearing on the mental condition of the accused in accordance with the jurisdictional law applicable to persons incompetent to stand trial. A report of the results of the hearing shall be made to the general court-martial convening authority for the accused.
(c) Failure to find accused incompetent.--If the court-martial fails to find that the release of the accused would not create a substantial risk of bodily injury to another person or serious damage of property of another due to a mental disease or defect of the accused, the following shall take place:
(1) the general court-martial convening authority shall commit the accused to the custody of an agency or facility authorized to provide services to such persons; and
(2) the agency or facility with custody of the accused shall take action in accordance with the jurisdictional law applicable to persons incompetent to stand trial.
(d) Status change of accused while in custody.--If the status of an accused changes while the accused is in the custody of a Commonwealth agency, hospitalized or on conditional release under a prescribed regimen of medical, psychiatric or psychological care or treatment so that the accused is no longer subject to this part, the agency or facility with custody of action shall be taken in accordance with the jurisdictional law.

Credits

2012, Oct. 24, P.L. 1506, No. 192, § 2, effective in one year [Oct. 24, 2013].
51 Pa.C.S.A. § 5722, PA ST 51 Pa.C.S.A. § 5722
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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