Pennsylvania § 5722 Trial finding of lack of mental responsibility

Pennsylvania Statutes

§ 5722 — Trial finding of lack of mental responsibility

Pennsylvania § 5722

Title 51MILITARY AFFAIRS

PartPART IV

Ch. 57TRIAL PROCEDURE

This text of Pennsylvania § 5722 (Trial finding of lack of mental responsibility) is published on Counsel Stack Legal Research, covering Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

51 Pa. Cons. Stat. § 5722 (2026).

Text

(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 pro

Free access — add to your briefcase to read the full text and ask questions with AI

(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.