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[108th Congress Public Law 450]
[From the U.S. Government Printing Office]

<DOC>
[DOCID: f:publ450.108]

[[Page 3471]]

DISTRICT OF COLUMBIA MENTAL HEALTH CIVIL COMMITMENT MODERNIZATION ACT OF 
                                  2004

[[Page 118 STAT. 3472]]

Public Law 108-450
108th Congress

                                 An Act

 
  To amend title 21, District of Columbia Official Code, to enact the 
   provisions of the Mental Health Civil Commitment Act of 2002 which 
affect the Commission on Mental Health and require action by Congress in 
      order to take effect. <<NOTE: Dec. 10, 2004 -  [H.R. 4302]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: District of 
Columbia Mental Health Civil Commitment Modernization Act of 2004.>> 

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``District of Columbia Mental Health 
Civil Commitment Modernization Act of 2004''.

SEC. 2. COMPOSITION, APPOINTMENT, AND ORGANIZATION OF COMMISSION ON 
            MENTAL HEALTH.

    (a) In General.--Section 21-502, District of Columbia Official Code, 
is amended to read as follows:

``Sec. 21-502. Commission on Mental Health; composition; appointment and 
                        terms of members; organization; chairperson; 
                        salaries

    ``(a) The Commission on Mental Health is continued. The Chief Judge 
of the Superior Court of the District of Columbia shall appoint the 
members of the Commission, and the Commission shall be composed of 9 
members and an alternate chairperson. One member shall be a magistrate 
judge of the Court appointed pursuant to title 11, District of Columbia 
Official Code, who shall be a member of the bar of the Court and has 
engaged in active practice of law in the District of Columbia for a 
period of at least 5 years prior to his or her appointment. The 
magistrate judge shall be the Chairperson of the Commission and act as 
the administrative head of the Commission. The Chairperson shall preside 
at all hearings and direct all of the proceedings before the Commission. 
Eight members of the Commission shall be psychiatrists or qualified 
psychologists, as those terms are defined in section 21-501, who have 
not had less than 5 years of experience in the diagnosis and treatment 
of mental illness.
    ``(b)(1) Appointment of members of the Commission shall be for terms 
of 4 years.
    ``(2) The initial appointment of a psychiatrist or a qualified 
psychologist shall be for a probationary period of one year. After the 
initial one-year probationary appointment, subsequent appointments of 
the psychiatrist or qualified psychologist shall be for terms of 4 
years.
    ``(c) The psychiatrist or qualified psychologist members of the 
Commission shall serve on a part-time basis and shall be rotated by 
assignment of the Chief Judge of the Court, so that at any

[[Page 118 STAT. 3473]]

one time the Commission shall consist of the Chairperson and 2 members, 
each of whom is either a psychiatrist or a qualified psychologist. 
Members of the Commission who are psychiatrists or qualified 
psychologists may practice their professions during their tenures of 
office, but may not participate in the disposition of a case of a person 
in which they have rendered professional service or advice.
    ``(d) The Chief Judge of the Court shall appoint a magistrate judge 
of the Court to serve as an alternate Chairperson of the Commission. The 
alternate Chairperson shall serve on a part time basis and act as 
Chairperson in the absence of the permanent Chairperson.
    ``(e) The rate of compensation for the members of the Commission who 
are psychiatrists or qualified psychologists shall be fixed by the 
Executive Officer of the Court.''.
    (b) Clerical Amendment.--The item relating to section 21-502 in the 
table of sections for subchapter I of chapter 5 of title 21, District of 
Columbia Official Code, is amended to read as follows:

``21-502. Commission on Mental Health; composition; appointment and 
           terms of members; organization; chairperson; salaries.''.

    (c) Effective Date; Transition for Current Members.--The amendments 
made by this section shall take effect on the date of the enactment of 
this Act, except nothing in this section or the amendments made by this 
section may be construed to affect the appointment or term of service of 
any individual who serves as a member or alternate member of the 
Commission on Mental Health (including an individual who serves as the 
Chairperson or alternate Chairperson of the Commission) on such date.

SEC. 3. COMMISSION MEMBERS DEEMED COMPETENT AND COMPELLABLE WITNESSES AT 
            MENTAL HEALTH PROCEEDINGS.

    Section 21-503(b), District of Columbia Official Code, is amended by 
striking ``The Commission, or any of the members thereof,'' and 
inserting ``Commission members who are psychiatrists or qualified 
psychologists''.

SEC. 4. DETENTION FOR EMERGENCY OBSERVATION AND DIAGNOSIS.

    Section 21-526, District of Columbia Official Code, is amended by 
adding at the end the following new subsections:
    ``(c) The maximum period of time for detention for emergency 
observation and diagnosis may be extended for up to 21 days, if judicial 
proceedings under subchapter IV of this chapter have been commenced 
before the expiration of the order entered under section 21-524 and a 
psychiatrist or qualified psychologist has examined the person who is 
the subject of the judicial proceedings and is of the opinion that the 
person being detained remains mentally ill and is likely to injure 
himself or others as a result of the illness unless the emergency 
detention is continued. For good cause shown, the Court may extend the 
period of detention for emergency observation and diagnosis. The period 
of detention for emergency observation and diagnosis may be extended 
pursuant to section 21-543(b) or following a hearing before the 
Commission pursuant to subsections (d) and (e) of this section.
    ``(d) If the Commission, at the conclusion of its hearing pursuant 
to section 21-542, has found that the person with respect to whom the 
hearing was held is mentally ill and, because of the mental illness, is 
likely to injure himself or others if not committed, and has concluded 
that a recommendation of inpatient commitment

[[Page 118 STAT. 3474]]

is the least restrictive alternative available to prevent the person 
from injuring himself or others, the detention for emergency observation 
and diagnosis may be continued by the Department or hospital--
            ``(1) pending the conclusion of judicial proceedings under 
        subchapter IV of this chapter;
            ``(2) until the Court enters an order discharging the 
        person; or
            ``(3) until the Department or hospital determines that 
        continued hospitalization is no longer the least restrictive 
        form of treatment appropriate for the person being detained.

    ``(e) If the Commission, at the conclusion of its hearing, finds 
that the person is mentally ill, is likely to injure himself or other 
persons as a result of mental illness if not committed, and that 
outpatient treatment is the least restrictive form of commitment 
appropriate, then, within 14 days of the date of the hearing, the person 
shall be discharged from inpatient status and shall receive outpatient 
mental health services or mental health supports as an emergency 
nonvoluntary patient consistent with this subchapter, pending the 
conclusion of judicial proceedings under subchapter IV of this 
chapter.''.

SEC. 5. REPRESENTATION BY COUNSEL OF PERSONS ALLEGED TO BE MENTALLY ILL.

    Section 21-543, District of Columbia Official Code, is amended--
            (1) in subsection (a) (as redesignated by section 2(r)(1) of 
        the Mental Health Civil Commitment Act of 2002), by striking the 
        last sentence; and
            (2) by adding at the end the following new subsection:

    ``(b) The Commission may not grant a continuance for counsel to 
prepare his case for more than 5 days. The Commission may grant 
continuances for good cause shown for periods of up to 14 days. If the 
Commission grants a continuance, the emergency observation and detention 
of the person about whom the hearing is being held shall be extended for 
the duration of the continuance.''.

SEC. 6. HEARING AND DETERMINATION ON QUESTION OF MENTAL ILLNESS.

    (a) In General.--Section 21-545, District of Columbia Official Code, 
is amended--
            (1) in subsection (a), by striking ``jury trial'' each place 
        it appears and inserting ``jury trial or a trial by the Court'';
            (2) by amending subsection (b) to read as follows:

    ``(b)(1) If the Court or jury finds that the person is not mentally 
ill or is not likely to injure himself or others as a result of mental 
illness, the Court shall dismiss the petition and order the person's 
release.
    ``(2) If the Court or jury finds that the person is mentally ill 
and, because of that mental illness, is likely to injure himself or 
others if not committed, the Court may order the person's commitment to 
the Department or to any other facility, hospital, or mental health 
provider that the Court believes is the least restrictive alternative 
consistent with the best interests of the person and the public. An 
order of commitment issued pursuant to this paragraph shall be for a 
period of one year.''; and
            (3) by adding at the end the following new subsections:

[[Page 118 STAT. 3475]]

    ``(c) The psychiatrists and qualified psychologists who are members 
of the Commission shall be competent and compellable witnesses at a 
hearing or trial held pursuant to this chapter.
    ``(d) The jury to be used in any case where a jury trial is demanded 
under this chapter shall be impaneled, upon order of the Court, from the 
jurors in attendance upon other branches of the Court, who shall perform 
the services in addition to and as part of their duties in the Court.''.
    (b) Effective Date.--The amendments made by this section shall apply 
with respect to trials under section 21-545, District of Columbia Code, 
which are initiated on or after the date of the enactment of this Act.

SEC. 7. RENEWAL OF COMMITMENT STATUS BY COMMISSION.

    (a) In General.--Subchapter IV of chapter 5 of title 21, District of 
Columbia Official Code, is amended by inserting after section 21-545 the 
following new section:

``Sec. 21-545.01. <<NOTE: Deadlines.>> Renewal of commitment status by 
                        commission; review by Court

    ``(a) At least 60 days prior to the expiration of an order of 
commitment issued pursuant to section 21-545 or this section, the chief 
clinical officer of the Department, or the chief of service of the 
facility, hospital, or mental health provider to which the person is 
committed may petition the Commission for a renewal of the order of 
commitment for that person. For good cause shown, a petition of 
commitment may be filed within the last 60 days of the one-year period 
of commitment. <<NOTE: Certification.>> The petition for renewal of 
commitment shall be supported by a certificate of a psychiatrist or 
qualified psychologist stating that he has examined the person and is of 
the opinion that the person is mentally ill, and, because of the 
illness, is likely to injure himself or other persons if not committed. 
The term of the renewed commitment order shall not exceed one year.

    ``(b) Within 3 days of the filing of a petition under subsection (a) 
of this section, the Commission shall send a copy of the petition and 
supporting certificate by registered mail to the person with respect to 
whom the petition was filed and by regular mail to the person's 
attorney.
    ``(c) The Commission shall promptly examine a person for whom a 
petition is filed under subsection (a) of this section, and, in 
accordance with the procedures described in sections 21-542 and 21-543, 
shall thereafter promptly hold a hearing on the issue of the person's 
mental illness and whether, as a result of a mental illness, the person 
is likely to injure himself or other persons if not committed.
    ``(d) <<NOTE: Notification.>> If the Commission finds, after a 
hearing under subsection (c) of this section, that the person with 
respect to whom the hearing was held is no longer mentally ill, or is 
not mentally ill to the extent that the person is likely to injure 
himself or other persons if not committed, the Commission shall 
immediately order the termination of the commitment and notify the Court 
of that fact in writing.

    ``(e) <<NOTE: Reports.>> If the Commission finds, after a hearing 
under subsection (c) of this section, that the person with respect to 
whom the hearing was held remains mentally ill to the extent that the 
person is likely to injure himself or others if not committed, the 
Commission

[[Page 118 STAT. 3476]]

shall order the renewal of the commitment of the person for an 
additional term not to exceed one year and shall promptly report that 
fact, in writing, to the Court. The report shall contain the 
Commission's findings of fact and conclusions of law. A copy of the 
report shall be served by registered mail on the person with respect to 
whom the hearing was held and by mail on the person's attorney.
    ``(f) If a petition for a renewal of an order of commitment is 
pending at the expiration of the commitment period ordered under section 
21-545 or this section, the Court may, for good cause shown, extend the 
period of commitment pending resolution of the renewal petition.

    ``(g) <<NOTE: Notification.>> Within the last 30 days of the period 
of commitment, the chief clinical officer of the Department, or the 
chief of service of the facility, hospital, or mental health provider to 
which a person is committed, shall notify the Court which ordered the 
person's commitment pursuant to section 21-545 or this section of the 
decision not to seek renewal of commitment. Notice to the Court shall be 
in writing and a copy of the notice shall be mailed to the person who 
was committed and the person's attorney.

    ``(h)(1) A person for whom the Commission orders renewed commitment 
pursuant to subsection (e) of this section may seek a review of the 
Commission's order by the Superior Court of the District of Columbia, 
and the Commission, orally and in writing, shall advise the person of 
this right.
    ``(2) A review of the Commission's order of renewed commitment, in 
whole or in part, may be made by a judge of the appropriate division sua 
sponte and shall be made upon a motion of one of the parties made 
pursuant to procedures established by rules of the Court. The reviewing 
judge shall conduct such proceedings as required by the rules of the 
Court.
    ``(3) An appeal to the District of Columbia Court of Appeals may be 
made only after a judge of the Court has reviewed the Commission's order 
of renewed commitment.''.
    (b) Clerical Amendment.--The table of sections of subchapter IV of 
chapter 5 of title 21, District of Columbia Official Code,

[[Page 118 STAT. 3477]]

is amended by inserting after the item relating to section 21-545 the 
following:

``21-545.01. Renewal of commitment status by Commission; review by 
           Court.''.

    Approved December 10, 2004.

LEGISLATIVE HISTORY--H.R. 4302:
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HOUSE REPORTS: No. 108-729 (Comm. on Government Reform).
CONGRESSIONAL RECORD, Vol. 150 (2004):
            Oct. 6, considered and passed House.
            Nov. 20, considered and passed Senate.

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