Chapter IX · Trial Procedures Through Findings
R.C.M. 909. Capacity of the accused to stand trial by court-martial
2024 Manual for Courts-Martial, United States
Recent revisions Summary of changes Cited by (11)(a) In general. No person may be brought to trial by court-martial if that person is presently suffering from a mental disease or defect rendering him or her mentally incompetent to the extent that he or she is unable to understand the nature of the proceedings against them or to conduct or cooperate intelligently in the defense of the case.
Discussion
See also R.C.M. 916(k).
(b) Presumption of capacity. A person is presumed to have the capacity to stand trial unless the contrary is established.
(c) Determination before referral.
(1) For offenses over which special trial counsel has not exercised authority or has deferred, if an inquiry pursuant to R.C.M. 706 conducted before referral concludes that an accused is suffering from a mental disease or defect that renders him or her mentally incompetent to stand trial, the convening authority before whom the charges are pending for disposition may disagree with the conclusion and take any action authorized under R.C.M. 401, including referral of the charges to trial. If that convening authority concurs with the conclusion, the convening authority shall forward the charges to the general court-martial convening authority. If, upon receipt of the charges, the general court-martial convening authority similarly concurs, then the general court-martial convening authority shall commit the accused to the custody of the Attorney General. If the general court-martial convening authority does not concur, that authority may take any action that he or she deems appropriate in accordance with R.C.M. 407, including referral of the charges to trial.
(2) For offenses over which special trial counsel has exercised authority and has not deferred, if an inquiry pursuant to R.C.M. 706 conducted before referral concludes that an accused is suffering from a mental disease or defect that renders him or her mentally incompetent to stand trial, the general court-martial convening authority may disagree with the conclusion and notify special trial counsel who may take any action authorized under R.C.M. 401A, including referral of charges. If the general court-martial convening authority concurs with the conclusion, that authority shall notify special trial counsel and commit the accused to the custody of the Attorney General.
(d) Determination after referral. After referral, the military judge may conduct a hearing to determine the mental capacity of the accused, either sua sponte or upon request of either party. If an inquiry pursuant to R.C.M. 706 conducted before or after referral concludes that an accused is suffering from a mental disease or defect that renders him or her mentally incompetent to stand trial, the military judge shall conduct a hearing to determine the mental capacity of the accused. Any such hearing shall be conducted in accordance with subsection (e) of this rule.
(e) Incompetence determination hearing.
(1) Nature of issue. The mental capacity of the accused is an interlocutory question of fact.
(2) Standard. Trial may proceed unless it is established by a preponderance of the evidence that the accused is presently suffering from a mental disease or defect rendering him or her mentally incompetent to the extent that he or she is unable to understand the nature of the proceedings or to conduct or cooperate intelligently in the defense of the case. In making this determination, the military judge is not bound by the rules of evidence except with respect to privileges.
(3) If the military judge finds the accused is incompetent to stand trial, the judge shall report this finding to the general court-martial convening authority, who shall commit the accused to the custody of the Attorney General.
(f) Hospitalization of the accused. An accused who is found incompetent to stand trial under this rule shall be hospitalized by the Attorney General as provided in subsection 4241(d) of title 18, United States Code. If notified that the accused has recovered to such an extent that he or she is able to understand the nature of the proceedings and to conduct or cooperate intelligently in the defense of the case, then the general court-martial convening authority shall promptly take custody of the accused. If, at the end of the period of hospitalization, the accused’s mental condition has not so improved, action shall be taken in accordance with section 4246 of title 18, United States Code.
Discussion
Under 18 U.S.C. § 4241(d), the initial period of hospitalization for an incompetent accused shall not exceed four months. However, in determining whether there is a substantial probability the accused will attain the capacity to permit the trial to proceed in the foreseeable future, the accused may be hospitalized for an additional reasonable period of time. This additional period of time ends either when the accused’s mental condition is improved so that trial may proceed, or when the pending charges against the accused are dismissed. If charges are dismissed solely due to the accused’s mental condition, the accused is subject to hospitalization as provided in 18 U.S.C. §4246.
(g) Excludable delay. All periods of commitment shall be excluded as provided by R.C.M. 707(c). The 120- day time period under R.C.M. 707 shall begin anew on the date the general court-martial convening authority takes custody of the accused at the end of any period of commitment. For offenses over which a special trial counsel has exercised authority and not deferred, the general court-martial convening authority shall immediately notify a special trial counsel in accordance with regulations prescribed by the Secretary concerned.
Cross-referencesCited by 11Cites 8Elsewhere 2
Cited by
Provisions elsewhere in the Manual whose text cites R.C.M. 909. Each link opens the citing provision.
Rules for Courts-Martial
Discussion under R.C.M. 306(c) — Initial disposition of offenses over which special trial counsel does not exercise authority
…mental capacity to stand trial or may not have been mentally responsible at the times of the offenses, see R.C.M. 706, 909, 916(k).
R.C.M. 309(b)(7)(B) — Pre-referral judicial proceedings
A military judge may, under the provisions of R.C.M. 909, conduct a hearing to determine the mental capacity of the accused.
Discussion under R.C.M. 401(b) — Forwarding and disposition of charges in general
…mental capacity to stand trial or may not have been mentally responsible at the times of the offenses, see R.C.M. 706, 909, and 916(k). As to the rules concerning speedy trial, see R.C.M. 707. See also Articles 10, 30, and 131f. Before…
Discussion under R.C.M. 706(a) — Inquiry into the mental capacity or mental responsibility of the accused
See R.C.M. 909 concerning the capacity of the accused to stand trial and R.C.M. 916(k) concerning mental responsibility of…
…If the accused is committed to the custody of the Attorney General for hospitalization as provided in R.C.M. 909(f), all periods of such commitment shall be excluded when determining whether the period in subsection (a) of…
Discussion under R.C.M. 803 — Court-martial sessions without members under Article 39(a)
…evidence; and perform other procedural functions which do not require the presence of members. See , e.g., R.C.M. 901–910. The military judge may hold the arraignment, receive pleas, enter findings of guilty upon an accepted plea…
Discussion under R.C.M. 804(a)(2)(B) — Presence at court-martial proceedings
…capacity to stand trial, capacity to voluntarily waive the right to be present for trial must be shown. See R.C.M. 909. Subsection (1) authorizes but does not require trial to proceed in the absence of the accused upon the…
R.C.M. 901(e) — Opening session
Presence of members. The procedures described in R.C.M. 901 through 910 shall be conducted without members present in accordance with the procedures set forth in R.C.M. 803.
Discussion under R.C.M. 906(b)(14) — Motions for appropriate relief
See R.C.M. 706, 909, and 916(k) regarding procedures and standards concerning the mental capacity or responsibility of the accused.
Discussion under R.C.M. 916(k)(1) — Defenses
See R.C.M. 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…
Discussion under R.C.M. 1306(b)(5)(B) — Post-trial procedure, summary court-martial
See R.C.M. 909 regarding presumptions and standards governing issues of mental competence.
R.C.M. 909 cites
Provisions named in the text of R.C.M. 909. Where the cited provision is on this site, the link opens it.