Page:United States Statutes at Large Volume 98 Part 2.djvu/907

This page needs to be proofread.
PUBLIC LAW 98-000—MMMM. DD, 1984

PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 2067

nation that the person should continue to be hospitalized. A copy of the motion shall be sent to the director of the facility in which the person is hospitalized and to the attorney for the Government, "(i) AUTHORITY AND RESPONSIBILITY OF THE ATTORNEY GENERAL.—

The Attorney General— "(A) may contract with a State, a political subdivision, a locality, or a private agency for the confinement, hospitalization, care, or treatment of, or the provision of services to, a person committed to his custody pursuant to this chapter; "(B) may apply for the civil commitment, pursuant to State law, of a person committed to his custody pursuant to section 4243 or 4246; "(C) shall, before placing a person in a facility pursuant to the provisions of section 4241, 4243, 4244, 4245, or 4246, consider the suitability of the facility's rehabilitation programs in meeting the needs of the person; and "(D) shall consult with the Secretary of the Department of Health and Human Services in the general implementation of the provisions of this chapter and in the establishment of standards for facilities used in the implementation of this chapter. "(j) This chapter does not apply to a prosecution under an Act of Congress applicable exclusively to the District of Columbia or the Uniform Code of Military Justice.". (b) The item relating to chapter 313 in the chapter analysis of part III of title 18, United States Code, is amended to read as follows: "313. Offenders with mental disease or defect.".

SEC. 404. Rule 12.2 of the Federal Rules of Criminal Procedure is amended— (a) by deleting "crime" in subdivision (a) and inserting in lieu thereof "offense"; (b) by deleting "other condition bearing upon the issue of whether he had the mental state required for the offense charged" in subdivision (b) and inserting in lieu thereof "any other mental condition bearing upon the issue of guilt"; (c) by deleting "to a psychiatric examination by a psychiatrist designated for this purpose in the order of the court" in subdivision (c) and inserting in lieu thereof "to an examination pursuant to 18 U.S.C. 4242"; and (d) by deleting "mental state" in subdivision (d) and inserting in lieu thereof "guilt". SEC. 405. Section 3006A of title 18, United States Code, is amended— (a) in subsection (a), by deleting "or, (4)" and substituting "(4) whose mental condition is the subject of a hearing pursuant to chapter 313 of this title, or (5)"; and (b) in subsection (g), by deleting "or section 4245 of title 18". SEC. 406. Rule 704 of the Federal Rules of Evidence is amended to read as follows: "Rule 704. Opinion on ultimate issue "(a) Except as provided in subdivision (b), testimony in the form of an opinion or inference otherwise admissible is not objectionable because it embraces an ultimate issue to be decided by the trier of fact.

18 USC app.

28 USC app.