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62 Statutory Provisions

Sections 4241 and 4247 of Title 18, enacted as a part of the Insanity Defense Reform Act of 1984, govern procedures for determination of competency to stand trial. The previously existing standard for determining competency, founded on Dusky v. United States, 362 U.S. 402 (1960), is retained in this statute, and the previously existing procedures in this area are also generally retained. The procedures for commitment of defendants who are incompetent to stand trial and dangerous are set forth in 18 U.S.C. § 4246.


October 1997 Criminal Resource Manual 62