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§ 191a. Repealed. Pub. L. 86-571, § 10(a), July 5, 1960, 74 Stat. 310.

Section, act Oct. 29, 1941, ch. 462, 55 Stat. 756, authorized admission to Saint Elizabeths Hospital of Foreign Service personnel adjudged insane in a foreign country, and is now covered by chapter 9 of this title.

EFFECTIVE DATE OF REPEAL

Section 10 of Pub. L. 86-571 provided in part that the repeal of this section and section 196a of this title shall be effective upon the date of enactment of legislation appropriating funds for carrying out chapter 9 of this

title.

§ 192. Admission; insane prisoners of war and interned persons.

Interned persons and prisoners of war, under the jurisdiction of the Navy Department, or the Department of the Army, who are or may become insane, shall be entitled to admission for treatment to Saint Elizabeths Hospital. (July 1, 1916, ch. 209, § 1, 39 Stat. 309; Aug. 29, 1916, ch. 417, 39 Stat. 558; Oct. 6, 1917, ch. 79, § 1, 40 Stat. 373.)

CODIFICATION

The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by section 205 (a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205 (a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces" which in sections 3011-3013 continued the military Department of the Army under the administrative supervision of a Secretary of the Army.

TRANSFER OF FUNCTIONS

Functions with respect to insane persons belonging to the Army and Navy transferred to the Secretary of the Army and the Secretary of the Navy, see note under section 191 of this title.

TERMINATION OF WAR AND EMERGENCIES

Joint Res. July 25, 1947, ch. 327, § 3, 61 Stat. 451, provided that in the interpretation of the provision of act Aug. 29, 1916, ch. 417, 39 Stat. 558, from which this section was partially derived, for the admission for treatment of interned persons and prisoners of war, under the jurisdiction of the Navy Department, to the Government Hospital for the Insane, the date July 25, 1947, shall be deemed to be the date of termination of any state of war theretofore declared by Congress and of the national emergencies proclaimed by the President on September 8, 1939, and May 27, 1941.

§ 193. Repealed. July 1, 1944, ch. 373, title IX, § 913, 58 Stat. 714.

Section, acts Mar. 3, 1875, ch. 156, § 5, 18 Stat. 486; July 1, 1902, ch. 1370, § 1, 32 Stat. 712; Aug. 14, 1912, ch. 288, § 1, 37 Stat. 309; July 1, 1916, ch. 209, § 1, 39 Stat. 309; July 1, 1918, ch. 113, § 1, 40 Stat. 644; 1939 Reorg. Plan No. I, §§ 201, 205, eff. July 1, 1939, 4 F. R. 2728, 2729, 53 Stat. 1424, 1425; 1940 Reorg. Plan No. IV, § 11 (a), eff. June 30, 1940, 5 F. R. 2422, 54 Stat. 1236, which provided for the admission of insane patients of Public Health Service to Saint Elizabeths Hospital, is now covered by section 222 of Title 42, The Public Health and Welfare.

RENUMBERING OF REPEALING ACT

Section 611 of act July 1, 1944, which repealed this section, was renumbered 711 by act Aug. 13, 1946, ch. 958, 5, 60 Stat. 1049, 713 by act Feb. 28, 1948, ch. 83, § 9(b), 62 Stat. 47, 813 by act July 30, 1956, ch. 779, § 3(b). 70 Stat. 720, and 913 by Pub. L. 88-581, § 4(b), Sept. 4, 1964, 78 Stat. 919.

§ 194. Admission; insane inmates of Soldiers' Home. Any inmate of the Soldiers' Home who may become insane shall, upon an order of the president of the Board of Commissioners of the Soldiers' Home,

be admitted to Saint Elizabeths Hospital and treated therein; and the expenses of maintaining any such person shall be paid from the Soldiers' Home fund. (July 7, 1884, ch. 332, 23 Stat. 213; July 1, 1916, ch. 209, § 1, 39 Stat. 309.)

TRANSFER OF FUNCTIONS

Functions of St. Elizabeths Hospital with respect to insane persons of the Army and Navy were transferred to the Department of the Army and Navy Department by 1946 Reorg. Plan. No. 3, § 201, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1098; as amended July 26, 1947, ch. 343 title 11, § 205(a), 61 Stat. 501. See note under section 191 of this title.

§ 195. Same; insane inmates of National Home for Disabled Volunteer Soldiers.

Any inmate of the National Home for Disabled Volunteer Soldiers who may become insane shall, upon an order of the Administrator of Veterans' Affairs, be admitted to Saint Elizabeths Hospital and treated therein. (Aug. 7, 1882, ch. 433, § 1, 22 Stat. 330; Feb. 20, 1905, ch. 593, 33 Stat. 731; July 1, 1916, ch. 209, § 1, 39 Stat. 309; July 3, 1930, ch. 863, § 2, 46 Stat. 1016.)

DISSOLUTION OF HOME AND CONSOLIDATION IN VETERANS' ADMINISTRATION

Act July 3, 1930, ch. 863, § 1, 46 Stat. 1016, dissolved the National Home for Disabled Volunteer Soldiers and transferred its functions to the Veterans' Administration. See note under section 52 of this title.

§ 195a. Same; beneficiaries of Bureau of Indian Affairs. The Secretary of Health, Education, and Welfare is authorized to admit to Saint Elizabeths Hospital in the District of Columbia, for care and treatment, upon application of the Secretary of the Interior, beneficiaries of the Bureau of Indian Affairs. cost of such care and treatment shall be paid for by the Bureau of Indian Affairs. (Aug. 4, 1947, ch. 478, § 1, 61 Stat. 751; 1953 Reorg. Plan No. 1, § 5, eff. Apr. 11, 1953, 18 F. R. 2053, 67 Stat. 631.)

TRANSFER OF FUNCTIONS

The

All functions of the Federal Security Administrator were transferred to the Secretary of Health, Education, and Welfare and all agencies of the Federal Security Agency were transferred to the Department of Health, Education, and Welfare by section 5 of 1953 Reorg. Plan No. 1, set out as a note under section 623 of Title 5, Executive Departments and Government Officers and Employees. The Federal Security Agency and the office of Administrator were abolished by section 8 of 1953 Reorg. Plan No. 1.

§ 196. Transfer of American citizens adjudged insane in Canal Zone.

Upon the application of the Governor of the Canal Zone, the Secretary of Health, Education, and Welfare may transfer to Saint Elizabeths Hospital, in the District of Columbia, for treatment, any American citizen subject to a hospitalization order issued under section 1637 of Title 5 of the Canal Zone Code, whose legal residence in one of the States, territories, the Commonwealth of Puerto Rico or the District of Columbia for the purpose of eligibility for public medical care it has been impossible to establish. Upon the ascertainment of the legal residence of persons so transferred to Saint Elizabeths Hospital, the superintendent of that hospital shall thereupon transfer them to their respective places of residence, and the expenses attendant thereon shall

be paid from the appropriation for the support of Saint Elizabeths Hospital. (June 12, 1917, ch. 27 § 1, 40 Stat. 179; 1940 Reorg. Plan No. IV, § 11(a), eff. June 30, 1940, 5 F.R. 2422, 54 Stat. 1236; 1953 Reorg. Plan No. 1, § 5, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Oct. 18, 1962, Pub. L. 87-845, § 6, 76A Stat. 699.)

AMENDMENTS

1962-Pub. L. 87-845 substituted "Governor of the Canal Zone" for "Governor of the Panama Canal", "Secretary of Health, Education, and Welfare" for "Secretary of the Interior", and provisions authorizing transfer of any American citizen subject to a hospitalization order issued under section 1637 of Title 5 of the Canal Zone Code for provisions which permitted transfer of citizens legally adjudged insane in the Canal Zone, and included legal residence in the Commonwealth of Puerto Rico.

EFFECTIVE DATE OF 1962 AMENDMENT Amendment of section by Pub. L. 87-845 effective Jan. 2, 1963, see note set out under section 14 of Title 18, Crimes and Criminal Procedure.

TRANSFER OF FUNCTIONS

All functions of the Federal Security Administrator were transferred to the Secretary of Health, Education, and Welfare and all agencies of the Federal Security Agency were transferred to the Department of Health, Education, and Welfare by section 5 of 1953 Reorg. Plan No. 1, set out as a note under section 623 of Title 5, Executive Departments and Government Officers and Employees. The Federal Security Agency and the office of Administrator were abolished by section 8 of 1953 Reorg. Plan No. 1.

Transfer of Saint Elizabeths Hospital to Federal Security Agency, see note under section 161 of this title. § 196a. Repealed. Pub. L. 86-571, § 10(b), July 5, 1960, 74 Stat. 310.

Section, acts Mar. 2, 1929, ch. 509, 45 Stat. 1495; June 25, 1936, ch. 804, 49 Stat. 1921, authorized the transfer to Saint Elizabeths Hospital of American citizens adjudged insane in Canada, and is now covered by chapter 9 of this title.

EFFECTIVE DATE OF REPEAL

Repeal of section effective upon the date of enactment of legislation appropriating funds for carrying out chapter 9 of this title, see note set out under section 191a of this title.

§ 196b. Transfer of persons adjudged insane in Virgin Islands.

Upon the application of the Governor of the Virgin Islands, the Secretary of Health, Education, and Welfare is authorized to transfer to Saint Elizabeths Hospital in the District of Columbia for treatment (1) Persons who are permanent residents of the Virgin Islands of the United States and who (A) are citizens or nationals of the United States or nondeportable aliens and (B) have been legally adjudged to be insane in the Virgin Islands or while temporarily in another insular possession or a Territory of the United States or in the continental United States; and (2) persons who are present in but not permanent residents of the Virgin Islands and (A) have been legally adjudged to be insane in the Virgin Islands, (B) are citizens or nationals of the United States or nondeportable aliens, and (C) are persons whose legal residence in one of the States or Territories of the United States or the District of Columbia it has been impossible to establish. The expense of treatment and care may be paid from the appropriation for the support of the hospital.

Upon the ascertainment of the legal residence of persons who have been transferred to Saint Elizabeths Hospital and who are not permanent residents of the Virgin Islands, the Superintendent of the hospital shall transfer such persons to their respective places of residence, and the expense of transfer shall be paid from the appropriation for the support of the hospital. (1940 Reorg. Plan No. IV, § 11 (a), eff. June 30, 1940, 5 F. R. 2422, 54 Stat. 1236; July 18, 1940, ch. 638, 54 Stat. 766; July 18, 1950, ch. 464, § 1, 64 Stat. 343; 1953 Reorg. Plan No. 1, § 5, eff. Apr. 11, 1953, 18 F. R. 2053, 67 Stat. 631.)

AMENDMENTS

1950-Act July 18, 1950, authorized the transfer to St. Elizabeths Hospital of insane patients in the Virgin Islands who are legal residents of the islands but who are not American citizens.

TRANSFER OF FUNCTIONS

All functions of the Federal Security Administrator were transferred to the Secretary of Health, Education, and Welfare and all agencies of the Federal Security Agency were transferred to the Department of Health, Education, and Welfare by section 5 of 1953 Reorg. Plan No. 1, set out as a note under section 623 of Title 5, Executive Departments and Government Officers and Employees. The Federal Security Agency and the office of Administrator were abolished by section 8 of 1953 Reorg. Plan No. 1.

Transfer of Saint Elizabeths Hospital to Federal Security Agency, see note under section 161 of this title. § 197. Contracts for care, maintenance, and treatment of insane members of Army.

The Secretary of the Army may, in his discretion, contract for the care, maintenance, and treatment of the insane of the Army in all cases which he was, on March 3, 1901, authorized by law to cause to be sent to Saint Elizabeths Hospital in the District of Columbia. (Mar. 3, 1901, ch. 853, § 1, 31 Stat. 1163; July 1, 1916, ch. 209, § 1, 39 Stat. 309; Sept. 2, 1958, Pub. L. 85-857, § 13 (b), 72 Stat. 1264.)

CODIFICATION

The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by section 205 (a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205 (a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces" which in sections 3011-3013 continued the military Department of the Army under the administrative supervision of a Secretary of the Army.

AMENDMENTS

1958-Pub. L. 85-857 eliminated provisions which authorized the Secretary of the Army to contract for the care, maintenance, and treatment of inmates of the National Home for Disabled Volunteer Soldiers on the Pacific Coast at any State asylum in California.

EFFECTIVE DATE OF 1958 AMENDMENT Amendment of section by Pub. L. 85-857 effective Jan. 1, 1959, see section 2 of Pub. L. 85-857, set out as a note preceding Part I of Title 38, Veterans' Benefits. SECRETARY OF THE AIR FORCE

For transfer from the Secretary of the Army to the Secretary of the Air Force of certain functions relating to the Medical Department, United States Army, insofar as they pertain to the Air Force, see Secretary of Defense Transfer Order Nos. 36, May 12, 1949, and 40 [App. B(77) ], July 22, 1949.

TRANSFER OF FUNCTIONS

Functions with respect to insane persons under Army jurisdiction, see notes under sections 161 and 191 of this title.

DISSOLUTION OF HOME AND CONSOLIDATION IN VETERANS'

ADMINISTRATION

Act July 3, 1930, ch. 863, §§ 1, 2, 5, 46 Stat. 1016, dissolved the National Home for Disabled Volunteer Soldiers and transferred its functions to the Veterans' Administration. See note under section 52 of this title.

§ 198. Care of insane natives of Philippine Islands serving in Army.

The Secretary of the Army may, in his discretion, contract for the care, maintenance, and treatment of the insane natives of the Philippine Islands serving in the Army of the United States at any asylum in the Philippine Islands in all cases which he was, on May 11, 1908, authorized by law to cause to be sent to Saint Elizabeths Hospital in the District of Columbia. (May 11, 1908, ch. 163, 35 Stat. 122; July 1, 1916, ch. 209, § 1, 39 Stat. 309.)

CODIFICATION

The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by section 205 (a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205 (a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces" which in sections 3011-3013 continued the military Department of the Army under the administrative supervision of a Secretary of the Army.

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§ 199. Transfer of insane from military hospitals to nearest public hospitals.

The Secretary of the Army is authorized to transfer from any military hospital to the nearest available public hospital for the care of the insane any insane patient who is in need of treatment, preference being given to the hospital nearest to the place of the patient's enlistment. The superintendent of such public hospital shall possess the right to retain the aforementioned class of patients in his hospital in the same manner and to the same extent as was, on October 6, 1917, possessed by the superintendent of Saint Elizabeths Hospital. (Oct. 6, 1917, ch. 79, § 1, 40 Stat. 373.)

CODIFICATION

The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by section 205 (a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205 (a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces" which in sections 3011-3013 continued the military Department of the Army under the administrative supervision of a Secretary of the Army.

SECRETARY OF THE AIR FORCE

For transfer from the Secretary of the Army to the Secretary of the Air Force of certain functions relating to the Medical Department, United States Army, insofar as they pertain to the Air Force, see Secretary of Defense Transfer Order Nos. 36, May 12, 1949, and 40 [App. B(79) ], July 22, 1949.

TRANSFER OF FUNCTIONS

Functions with respect to insane persons under Army Jurisdiction, see notes under sections 161 and 191 of this title.

§ 200. Transfer of part of appropriations to public hospitals for support of patients.

The superintendent of Saint Elizabeths Hospital, with the approval of the Secretary of Health, Education, and Welfare, shall transfer to the various public hospitals out of the various appropriations made by Congress for the support and treatment of patients in Saint Elizabeths Hospital a sum sufficient to pay for the support and treatment of patients sent to public hospitals as provided in section 199 of this title, based upon the per capita cost of maintenance in Saint Elizabeths Hospital, said payment not to exceed at any time the exact cost of support and treatment of such patients. (Oct. 6, 1917, ch. 79, § 1, 40 Stat. 373; 1940 Reorg. Plan No. IV, § 11 (a), eff. June 30, 1940, 5 F. R. 2422, 54 Stat. 1236; 1953 Reorg. Plan No. 1, § 5, eff. Apr. 11, 1953, 18 F. R. 2053, 67 Stat. 631.)

TRANSFER OF FUNCTIONS

All functions of the Federal Security Administrator were transferred to the Secretary of Health, Education, and Welfare and all agencies of the Federal Security Agency were transferred to the Department of Health, Education, and Welfare by section 5 of 1953 Reorg. Plan No. 1, set out as a note under section 623 of Title 5, Executive Departments and Government Officers and Employees. The Federal Security Agency and the office of Administrator were abolished by section 8 of 1953 Reorg. Plan No. 1.

Transfer of Saint Elizabeths Hospital to Federal Security Agency, see note under section 161 of this title.

Functions of St. Elizabeths Hospital with respect to insane persons of the Army and Navy were transferred to the Department of the Army and Navy Department by 1946 Reorg. Plan No. 3, § 201, eff. July 16, 1946, 111 F.R. 7876, 60 Stat. 1098; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501. See note under section 191 of this title.

SS 201-210. Omitted.

CODIFICATION

Sections pertained only to the District of Columbia and are set out in Title 32 of the District of Columbia Code.

Section 201, R. S. § 4844; act July 1, 1916, ch. 209, § 1, 39 Stat. 309, provided for admission of indigent insane persons of the District of Columbia.

Section 202, acts Mar. 3, 1877, ch. 105, 19 Stat. 347; July 1, 1916, ch. 209, § 1, 39 Stat. 309, related to expense of indigent insane admitted from District of Columbia. Section 203, acts Mar. 3, 1879. ch. 182, § 1, 20 Stat. 395; July 1, 1916, ch. 209, § 1, 39 Stat. 309, related to payment of part of expense from appropriations for District.

Section 204, R. S. §§ 4853, 4854; act July 1, 1916, ch. 209, § 1, 39 Stat. 309, related to private patients from the District of Columbia.

Section 205, R. S. § 4849; act July 1, 1916, ch. 209, § 1, 39 Stat. 309, related to insane persons from District of Columbia having property.

Section 206, R. S. § 4850, related to admission of nonresidents of District of Columbia.

Section 207, acts Jan. 31, 1899, ch. 78, § 7, 30 Stat. 811; July 1, 1916, ch. 209, § 1, 39 Stat. 309, related to return of nonresident indigent insane in District of Columbia.

Section 208, acts Mar. 3, 1903, ch. 1006, § 1, 32 Stat. 1043; Feb. 23, 1905, ch. 738, § 1, 33 Stat. 740, related to

proceedings to determine mental conditions of insane persons in District of Columbia.

Section 209, act Feb. 23, 1905, ch. 738, § 1, 33 Stat. 740, related to jury in lunacy proceedings and costs in District of Columbia.

Section 210, acts Feb. 23, 1905, ch. 738, § 2, 33 Stat. 740; July 1, 1916, ch. 209, § 1, 39 Stat. 309; June 25, 1936, ch. 804, 49 Stat. 1921, related to discharge of insane person from District of Columbia as cured.

§ 210a. Commitment of certain persons from Virginia and Maryland for observation and diagnosis; jurisdiction; hearing; notification.

Any United States commissioner specially designated for that purpose by the United States District Court for the Eastern District of Virginia or by the United States District Court for the District of Maryland shall have jurisdiction and authority to commit to Saint Elizabeths Hospital in the District of Columbia, for observation and diagnosis, any person found in any place over which the United States has exclusive or concurrent jurisdiction in Arlington County, Fairfax County, Loudoun County, or the city of Alexandria, in the State of Virginia, or in Montgomery County or in Prince Georges County, in the State of Maryland, who is alleged, and is believed by the commissioner, to be of unsound mind. Any United States commissioner specially designated for that purpose by the United States District Court for the District of Columbia shall have like jurisdiction and authority in the case of any person temporarily detained in Saint Elizabeths Hospital, pursuant to section 210b of this title. Any such commitment shall be for a period not exceeding thirty days and may be made only after a hearing before the commissioner upon the testimony under oath of at least two witnesses who shall testify as to their belief that the said person is of unsound mind and, in addition, upon the testimony under oath or affidavit of two physicians, at least one of whom is skilled in the treatment and diagnosis of nervous and mental disorders, who shall testify or certify in writing that they have examined the said person alleged to be of unsound mind and believe said person to be of unsound mind and not fit to remain at liberty and go unrestrained, and that such person should be in custody in a hospital for the treatment of mental or nervous disorders for his own safety and welfare and for the preservation of the peace and good order. It shall be the duty of the head of the agency of the United States in control of the place where such person is apprehended to forthwith notify the husband or wife or some near relative or friend of the person so apprehended whose address may be known to said agency head or whose address can by reasonable inquiry be ascertained by him: Provided further, That in the case of any person described in section 210f of this title, the agency head shall notify the head of the department having jurisdiction over the service to which the individual belongs. The agency of the United States in control of the place where such person is apprehended is authorized to employ physicians for the aforesaid purpose and to pay compensation for their services and to pay expenses of witnesses in such proceedings out of funds available therefor. Physicians who are officers or employees of the United States or who are members of the Armed Forces of the United States are hereby authorized to render such services without additional

compensation. (Oct. 11, 1949, ch. 672, § 1, 63 Stat. 759; Aug. 30, 1964, Pub. L. 88-505, 78 Stat. 638.) AMENDMENTS

1964-Pub. L. 88-505 authorized the commitment of persons from Loudoun County, Va.

§ 210b. Same; apprehension and detention; hearing. Any officer or employee of the United States authorized to make arrests, and any guard or watchman employed by the United States is authorized and empowered to apprehend and detain any person whom he believes to be of unsound mind and found in any of the aforesaid places and, except as provided in section 210c of this title, to bring such person for a hearing before a United States commissioner for the district where such person was apprehended and designated as provided in section 210a of this title. If an immediate hearing before a commissioner cannot be had, such officer or employee is authorized and empowered to take such person to Saint Elizabeths Hospital and the Superintendent of Saint Elizabeths Hospital is authorized to detain such person pending a hearing before a United States commissioner for the District of Columbia, designated as provided in section 210a of this title, for a period not exceeding seventy-two hours. Such commissioner shall hold a hearing as promptly as practicable after the apprehension of such person and in any event not later than seventy-two hours thereafter. Such hearing shall be conducted at Saint Elizabeths Hospital if the Superintendent thereof shall certify that in his opinion it would be prejudicial to the health of the patient or unsafe to produce the patient at a hearing elsewhere. If, after any hearing at a place other than Saint Elizabeths Hospital, the commissioner commits a person to Saint Elizabeths Hospital, any officer, employee, guard, or watchman above-mentioned is authorized to transport such person to Saint Elizabeths Hospital in accordance with the order of the commissioner. (Oct. 11, 1949, ch. 672, § 2, 63 Stat. 760.)

§ 210c. Admission upon written application; release. Any person in any of the places described in section 210a of this title may, upon his written application, be admitted for observation and diagnosis to Saint Elizabeths Hospital in the discretion of the Superintendent thereof for a period not exceeding 30 days. Any such person expressing a desire for release from Saint Elizabeths Hospital shall be released within 72 hours thereafter, unless proceedings for his adjudication as a person of unsound mind shall have been instituted as provided for in section 210e of this title. (Oct. 11, 1949, ch. 672, § 3, 63 Stat. 761.)

§ 210d. Authorization to receive persons for observation and diagnosis.

The Superintendent of Saint Elizabeths Hospital is authorized and directed to receive for observation and diagnosis any person apprehended or committed as provided in sections 210a and 210b of this title for the periods therein prescribed, unless such person is sooner discharged or returned to his home or to the State of his residence. 672, § 4, 63 Stat. 761.)

(Oct. 11, 1949, ch.

§ 210e. Examination; proceedings for adjudication; jurisdiction; expense of care and treatment.

The Superintendent of Saint Elizabeths Hospital shall promptly examine any person committed as provided in sections 210a and 210b of this title and (a) if found to be of sound mind, shall forthwith discharge said person, or (b) if found to be of unsound mind, shall return such person to the State of his residence or to his relatives, if practicable. Proceedings for the adjudication of such person, or of any person admitted to the hospital pursuant to section 210c of this title, as a person of unsound mind and for the appointment of a committee of his person or property may be instituted in the United States District Court for the District of Columbia by the Secretary of Health, Education, and Welfare or by any party interested. The laws of the District of Columbia shall be applicable to such proceedings. Nothing in sections 210a-210h of this title shall be construed as imposing upon the District of Columbia the expense of care and treatment of any person apprehended, detained, or committed under sections 210a-210h of this title unless such person be a resident of the District of Columbia as defined in section 8 of the Act entitled "An Act to provide for insanity proceedings in the District of Columbia", approved August 9, 1939. (Oct. 11, 1949, ch. 672, § 5, 63 Stat. 761; 1953 Reorg. Plan No. 1, § 5, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631.)

REFERENCES IN TEXT

Section 8 of the act entitled "An Act to provide for insanity proceedings in the District of Columbia", approved August 9, 1939, referred to in text, is classified to the District of Columbia Code, § 21-317.

TRANSFER OF FUNCTIONS

All functions of the Federal Security Administrator were transferred to the Secretary of Health, Education, and Welfare and all agencies of the Federal Security Agency were transferred to the Department of Health, Education, and Welfare by 1953 Reorg. Plan No. 1, set out as a note under section 623 of Title 5, Executive Departments and Government Officers and Employees. The Federal Security Agency and the office of Administrator were abolished by section 8 of said 1953 Reorg. Plan No. 1. § 210f. Transfer of military personnel.

Any person belonging to the Army, Navy, Air Force, Marine Corps, or Coast Guard arrested, apprehended, detained, or committed under the provisions of sections 210a-210h of this title shall, upon the request of the head of the department having jurisdiction over the service to which the individual belongs, be transferred forthwith to the custody of such department. (Oct. 11, 1949, ch. 672, § 6, 63 Stat. 761.)

§ 210g. Persons entitled to care and treatment in a Veterans' Administration facility.

If any person adjudicated to be of unsound mind under the provisions of sections 210a-210h of this title is entitled to care and treatment in a Veterans' Administration facility, he may be committed by the United States District Court for the District of Columbia to the custody of the Administrator of Veterans' Affairs for placement in an available facility or may be transferred by the Superintendent of Saint Elizabeths Hospital to any such facility: Provided, That nothing in sections 210a-210h of

this title shall limit, restrict, or deprive the courts of any State or the District of Columbia of jurisdiction to commit to the Veterans' Administration any insane person entitled to care and treatment by the Veterans' Administration in accordance with the laws so made and provided by such States or the District of Columbia. (Oct. 11, 1949, ch. 672, § 7, 63 Stat. 761.)

§ 210h. Payment of expenses of transfer.

The Superintendent of Saint Elizabeths Hospital is authorized to arrange for and pay the expenses of the transfer of any person committed to his custody pursuant to the provisions of sections 210a210h of this title or admitted to the Hospital puror to a hospital in the State of his residence and in suant to section 210c of this title, to his relatives connection with such transfer is authorized to pay the transportation and expenses of attendants necessary to insure safe travel. (Oct. 11, 1949, ch. 672, § 8, 63 Stat. 761.)

§ 211. Admission of insane persons accused of crime. If any person, charged with crime, be found, in the court before which he is so charged, to be an insane person, such court shall certify the same to the Secretary of Health, Education, and Welfare, who may order such person to be confined in Saint Elizabeths Hospital, and, if he be not indigent, he and his estate shall be charged with expenses of his support in the hospital. (R. S. § 4851; July 1, 1916, ch. 209, § 1, 39 Stat. 309; 1940 Reorg. Plan No. IV, § 11 (a), eff. June 30, 1940, 5 F. R. 2422, 54 Stat. 1236; 1953 Reorg. Plan No. 1, § 5, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631.)

DERIVATION

Act Feb. 7, 1857, ch. 36, § 5, 11 Stat. 158.

TRANSFER OF FUNCTIONS

All functions of the Federal Security Administrator were transferred to the Secretary of Health, Education, and Welfare and all agencies of the Federal Security Agency were transferred to the Department of Health, Education, and Welfare by section 5 of 1953 Reorg. Plan No. 1, set out as a note under section 623 of Title 5, Executive Departments and Government Officers and Employees. The Federal Security Agency and the Office of Administrator were abolished by section 8 of 1953 Reorg. Plan No. 1.

Transfer of Saint Elizabeths Hospital to Federal Security Agency, see note under section 161 of this title. § 211a. Admission of insane convicts.

Any person becoming insane during the continuance of his sentence in the United States penitentiary shall have the same privilege of treatment in Saint Elizabeths Hospital during the continuance of his mental disorder as is granted in section 211 of this title to persons who escape the consequences of criminal acts by reason of insanity, unless it be the opinion, both of the physician to the penitentiary and the superintendent of the hospital, that such insane convict is so depraved and furious in his character as to render his custody in the hospital insecure, and his example pernicious. (R. S. § 4852; July 1, 1916, ch. 209, § 1, 39 Stat. 309.)

DERIVATION

Act Feb. 7, 1857, ch. 36, § 4, 11 Stat. 157.

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