H. R. 4302

One Hundred Eighth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twentieth day of January, two thousand and four

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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

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:

‘‘§ 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
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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
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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:
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‘‘(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:

‘‘§ 21–545.01. 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. 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) 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) 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
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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) 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,
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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.’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.