I 
108TH CONGRESS 
2D SESSION 
H. R. 4302
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. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 6, 2004
Mr. TOM DAVIS of Virginia (for himself and Ms. NORTON) introduced the 
following bill; which was referred to the Committee on Government Reform 
A BILL 
To amend title 21, District of Columbia Official Code, to 
enact the provisions of the Mental Health Civil Commit-
ment Act of 2002 which affect the Commission on Men-
tal Health and require action by Congress in order to 
take effect.
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 
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) 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.’’.
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to orders of commit-
ment issued on or after the date of the enactment of this 
Act.
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