Be it enacted by the Senate and House of Representa-
tives 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 Co-
lumbia Official Code, is amended to read as follows:
‘‘§ 21–502. Commission on Mental Health; composi-
tion; 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 mag-
istrate 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 Chair-
person shall preside at all hearings and direct all of the
proceedings before the Commission. Eight members of the
Commission shall be psychiatrists or qualified psycholo-
gists, as those terms are defined in section 21–501, who
have not had less than 5 years of experience in the diag-
nosis 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 ap-
pointment, subsequent appointments of the psychiatrist or
qualified psychologist shall be for terms of 4 years.
‘‘(c) The psychiatrist or qualified psychologist mem-
bers 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. Mem-
bers 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 profes-
sional 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 Chair-
person shall serve on a part time basis and act as Chair-
person in the absence of the permanent Chairperson.
‘‘(e) The rate of compensation for the members of
the Commission who are psychiatrists or qualified psy-
chologists 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 sub-
sections:
‘‘(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 expira-
tion of the order entered under section 21–524 and a psy-
chiatrist 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 men-
tally 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 diag-
nosis 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 hear-
ing 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 ob-
servation and diagnosis may be continued by the Depart-
ment or hospital—
‘‘(1) pending the conclusion of judicial pro-
ceedings under subchapter IV of this chapter;
‘‘(2) until the Court enters an order dis-
charging the person; or
‘‘(3) until the Department or hospital deter-
mines 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 hear-
ing, 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 out-
patient 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 AL-
LEGED 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 sub-
section:
‘‘(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 Co-
lumbia 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 fol-
lows:
‘‘(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 men-
tally 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 con-
sistent with the best interests of the person and the public.
An order of commitment issued pursuant to this para-
graph shall be for a period of one year.’’; and
(3) by adding at the end the following new sub-
sections:
‘‘(c) The psychiatrists and qualified psychologists
who are members of the Commission shall be competent
and compellable witnesses at a hearing or trial held pursu-
ant 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 COMMIS-
SION.
(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 sec-
tion:
‘‘§ 21–545.01. Renewal of commitment status by com-
mission; 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 peti-
tion the Commission for a renewal of the order of commit-
ment 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 re-
newal 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 reg-
istered mail to the person with respect to whom the peti-
tion was filed and by regular mail to the person’s attorney.
‘‘(c) The Commission shall promptly examine a per-
son for whom a petition is filed under subsection (a) of
this section, and, in accordance with the procedures de-
scribed in sections 21–542 and 21–543, shall thereafter
promptly hold a hearing on the issue of the person’s men-
tal 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 Com-
mission’s findings of fact and conclusions of law. A copy
of the report shall be served by registered mail on the per-
son 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 commit-
ment is pending at the expiration of the commitment pe-
riod 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 commit-
ment, 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 pro-
cedures 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 commit-
ment.’’.
(b) CLERICAL AMENDMENT.—The table of sections
of subchapter IV of chapter 5 of title 21, District of Co-
lumbia 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.’’.
Passed the House of Representatives October 6,
2004.
Attest:
Clerk.