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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4302 Enrolled Bill (ENR)]

        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:

``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 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 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:
    ``(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. 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 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, 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.
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