Whether Due Process and the federal mental health statutes require a new mental examination prior to revocation of conditional release

QUESTION PRESENTED WHETHER DUE PROCESS AND THE FEDERAL MENTAL HEALTH STATUTES 18 U.S.C. § 4246 AND § 4247 REQUIRE A NEW MENTAL EXAMINATION, PRIOR TO THE REVOCATION OF A TERM OF CONDITIONAL RELEASE PREVIOUSLY GRANTED PURSUANT TO 18 U.S.C. § 4246(f), ADDRESSING THE ESSENTIAL STATUTORY QUESTION OF WHETHER “IN LIGHT OF HIS FAILURE TO COMPLY WITH THE PRESCRIBED REGIMEN OF MEDICAL, PSYCHIATRIC, OR PSYCHOLOGICAL CARE OR TREATMENT, HIS CONTINUED RELEASE WOULD CREATE A SUBSTANTIAL RISK OF BODILY INJURY TO ANOTHER PERSON OR SERIOUS DAMAGE TO PROPERTY OF ANOTHER?” 1