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Current as of January 02, 2025 | Updated by Findlaw Staff
If it appears you are mentally ill at any stage of the discipline process, you will be examined by mental health staff.
(a) Competency to Participate in Disciplinary Proceedings. If evidence indicates that you cannot understand the nature of the disciplinary proceedings, or cannot help in your own defense, disciplinary proceedings may be postponed until you are competent to participate. The Unit Disciplinary Committee or Discipline Hearing Officer will make this decision based on evidence, including evidence presented by mental health staff.
(b) Responsibility for Conduct. You will not be disciplined for conduct committed when, as the result of a severe mental disease or defect, you were unable to appreciate the nature and quality, or wrongfulness of the act. The UDC or DHO will make this decision based on evidence, including evidence presented by mental health staff.
Cite this article: FindLaw.com - Code of Federal Regulations Title 28. Judicial Administration § 28.541.6 Mentally ill inmates - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-28-judicial-administration/cfr-sect-28-541-6/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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