Page:United States Statutes at Large Volume 62 Part 1.djvu/379

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62 STAT.] 80TH CONG., 2D SESS.- CH. 428-JUNE 9, 1948 349 written report of the examination, which shall include a statement of his conclusion as to whether the patient is a sexual psychopath. (b) The counsel for the patient shall have the right to inspect the Inspection of re- reports of the examination of the patient. No such report and no evi- ports dence resulting from the personal examination of the patient shall be admissible against him in any judicial proceeding except a proceeding under this title to determine whether the patient is a sexual psychopath. WHEN HEARING IS REQUIRED SEC. 205. If, in their reports filed pursuant to section 204, both Ant, p.34. psychiatrists state that the patient is a sexual psychopath, or if both state that they are unable to reach any conclusion by reason of the partial or complete refusal of the patient to submit to thorough exami- nation, or if one states that the patient is a sexual psychopath and the other states that he is unable to reach any conclusion by reason of the partial or complete refusal of the patient to submit to thorough examination, then the court shall conduct a hearing in the manner provided in section 206 to determine whether the patient is a sexual Infa. psychopath. If, on the basis of the reports filed, the court is not required to conduct such a hearing, the court shall enter an order dismissing the proceeding under this title to determine whether the patient is a sexual psychopath. HEARING; COMMITMENT TO SAINT ELIZABETHS HOSPITAL SEC. 206. Upon the evidence introduced at a hearing held for that purpose the court shall determine whether or not the patient is a sexual psychopath. Such hearing shall be conducted without a jury unless, before such hearing and within fifteen days after the date on which the second report is filed pursuant to section 204, a jury is .4t, P 348. demanded by the patient or by the officer filing the statement. The rules of evidence applicable in judicial proceedings in the court shall be applicable to hearings pursuant to this section; but, notwithstand- ing any such rule, evidence of conviction of any number of crimes the commission of which tends to show that the patient is a sexual psycho- path and of the punishment inflicted therefor shall be admissible at any such hearing. The patient shall be entitled to an appeal as in other cases. If the patient is determined to be a sexual psychopath, the court shall commit him to Saint Elizabeths Hospital to be confined there until released in accordance with section 207. PAROLE; DISCHARGE SEC. 207. Any person committed under this title may be released from confinement when the Superintendent of Saint Elizabeths Hos- pital finds that he has sufficiently recovered so as to not be dangerous to other persons, provided if the person to be released be one charged with crime or undergoing sentence therefor, the Superintendent of the hospital shall give notice thereof to the judge of the criminal court and deliver him to the court in obedience to proper precept. STAY OF CRIMINAL PROCEEDINGS SEC. 208. Any statement filed in a criminal proceeding pursuant to subsection (b) or (c) of section 202 shall stay such criminal proceed- AIm, p.3 ing until whichever of the following first occurs: (1) The proceeding under this title to determine whether the patient is a sexual psychopath is dismissed pursuant to section 205 or withdrawn; (2) It is determined pursuant to section 206 that the patient is not a sexual psychopath; or