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B-211207 1 (1983-11-17)

handle is hein.gao/gaobadlkg0001 and id is 1 raw text is: CfTHE COMPTROLLER GENERAL OECISION OP THE UNITEO TATES WASHINGTON. 0. CD. 20548 FILE: B-211207 DATE: November 17, 1983 MATTER OF: Liability of Federal Judiciary for Services Pro- vided by Saint Elizabeths Hospital to Defendants Acquitted by Reason of Insanity DIGEST: 1. The District of Columbia, rather than the United States District Court for the District of Columbia, is financially responsible for services provided by Saint Elizabeths Hospital to indigent patients com- mitted pending restoration of competency to stand trial or after acquittal in the District Court by reason of insanity when such patients are D.C. residents. 2. The costs of care provided to indigent patients who are not residents of the District of Columbia who are comitted to Saint Elizabeths Hospital pending restoration of competency to stand trial or after acquittal by reason of insanity should be paid from the Federal appropriation for Saint Elizabeths Hospital. The General Counsel for the Administrative Office of the United States Courts has asked whether the Federal judiciary is liable for the expense of services provided by Saint Elizabeths Hospital to persons committed there by the United States District Court for the District of Columbia under section 24-301 of the District of Columbia Code. Before deciding this issue, we solicited and re- ceived the views of the Department of Health and Human Services and of Saint Elizabeths Hospital. As will be explained below, in our opinion the Federal judiciary is not liable for such expenses. The costs associated with the hospitalization of indigent/j D.C. resi- dents committed by the District Court should be borne by the District, while the expenses of services provided by Saint Elizabeths to patients committed by the District Court pursuant to section 24-301 who are not District residents should continue to be charged to the Federal appropriation for Saint Elizabeths Hospital. Section 24-301 of the D.C. Code provides for the coimitment of two classes of defendants: (1) those found incompetent to stand I/ Since D.C. Code S 24-301(f) explicitly provides that [wihen an accused person shall be acquitted solely on the ground of in- sanity and ordered confined in a hospital for the mentally ill, such person and his estate shall be charged with the expense of this support in such hospital, our decision is concerned only with financial liability for the expenses of indigent patients.

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