Chapter XI · Post-Trial Procedure
R.C.M. 1105. Post-trial hearing for person found not guilty only by reason of lack of mental responsibility
2024 Manual for Courts-Martial, United States
Recent revisions Summary of changes Cited by (4)(a) In general. The military judge shall conduct a hearing not later than forty days following the finding that an accused is not guilty only by reason of a lack of mental responsibility.
(b) Psychiatric or psychological examination and report. Prior to the hearing, the military judge or convening authority shall order a psychiatric or psychological examination of the accused, with the resulting psychiatric or psychological report transmitted to the military judge for use in the post-trial hearing.
(c) Post-trial hearing.
(1) The accused shall be represented by defense counsel and shall have the opportunity to testify, present evidence, call witnesses on his or her behalf, and to confront and cross-examine witnesses who appear at the hearing.
(2) The military judge is not bound by the rules of evidence except with respect to privileges.
(3) An accused found not guilty only by reason of a lack of mental responsibility of an offense involving bodily injury to another, or serious damage to the property of another, or involving a substantial risk of such injury or damage, has the burden of proving by clear and convincing evidence that his or her release would not create a substantial risk of bodily injury to another person or serious damage to property of another due to a present mental disease or defect. With respect to any other offense, the accused has the burden of such proof by a preponderance of the evidence.
(4) If, after the hearing, the military judge finds the accused has satisfied the standard specified in paragraph (3), the military judge shall inform the general court-martial convening authority of this result and the accused shall be released. If, however, the military judge finds after the hearing that the accused has not satisfied the standard specified in paragraph (3), then the military judge shall inform the general court-martial convening authority of this result and that authority may commit the accused to the custody of the Attorney General.
Cross-referencesCited by 4Elsewhere 2
Cited by
Provisions elsewhere in the Manual whose text cites R.C.M. 1105. Each link opens the citing provision.
Rules for Courts-Martial
Discussion under R.C.M. 916(k)(1) — Defenses
…706 concerning sanity inquiries; R.C.M. 909 concerning the capacity of the accused to stand trial; and R.C.M. 1105 concerning any post-trial hearing for an accused found not guilty only by reason of lack of mental…
R.C.M. 1101(b) — Statement of trial results
…the military judge shall sign the Statement of Trial Results only after a hearing is conducted under R.C.M. 1105.
R.C.M. 1111(e)(1) — Entry of judgment
…and specifications, the judgment shall be entered as soon as practicable after a hearing is conducted under R.C.M. 1105.
R.C.M. 1306(b)(4) — Post-trial procedure, summary court-martial
…shall commit the accused to a suitable facility pending a hearing and disposition in accordance with R.C.M. 1105.