BOP Program Statement 5070.12 § 10

(a) Time Frames and extensions for evaluations are

statutorily governed. It is critical that these time limits be

adhered to strictly. These time frames and any allowable

extensions are stated in the United States Code Title 18 Crimes

and Criminal Procedures. For internal monitoring purposes the

evaluation reckoning period begins on the date the evaluation

case arrives at a Bureau forensic site.

Forensic sites should implement a procedure for notifying the

court of the date of arrival and to request reasonable

adjustments to and extensions in the forensic evaluation time

frames when necessary.

The final day of the evaluation is the day on which the Bureau

must be ready to relinquish the inmate’s custody. The U.S.

Marshals Service should be notified by a staff person, usually

the Case Management Coordinator, via the DSCC, to transport the

inmate within the last portion of the evaluation period.

P5070.12

4/16/2008

Page 6

The standard for evaluation of competency to stand trial is found

at 18 U.S.C. § 4241 (a) and (d): “Whether the defendant is

presently suffering from a mental disease or defect rendering him

mentally incompetent to the extent that he is unable to

understand the nature and consequences of the proceedings against

him or to assist properly in his defense.”

The standard for evaluation of criminal responsibility is found

at 18 U.S.C. § 17: “It is an affirmative defense to a prosecution

under any Federal statute that, at the time of the commission of

the acts constituting the offense, the defendant, as a result of

a severe mental disease or defect, was unable to appreciate the

nature and quality or the wrongfulness of his acts. Mental

disease or defect does not otherwise constitute a defense.”