An Act to protect the constitutional rights of certain individuals who are mentally ill, to provide for their care, treatment, and hospitalization, and for other purposes
PL 88-597 (S.935), enacted 09/15/1964

944 
PUBLIC L
A
W 88.597-SEPT. 15, 1964 
[78 STAT. 
Public Law 88-597 
September 15, 1964 
A N 
A C T 
^^' ^^^^ 
To protect the constitutional rights of certain individuals who are mentally 
ill, to provide for their care, treatment, and hospitalization, and for other 
purposes. 
Be it enacted hy the Senate and House of Representatives of the 
c^umMa^Hos itai- ^^^'^^^ States of America in Congress assembled, 
ization of the 
Mentally 111 Act. 
SHORT TITLE 
SECTION 1. This Act may be cited as the "District of Columbia 
Hospitalization of the Mentally 111 Act". 
DEFINITIONS 
SEC. 2. As used in this Act— 
(1) the term "mental illness" means any psychosis or other 
disease which substantially impairs the mental health of an 
individual; 
(2) the term "mentally ill person" means any person who has a 
mental illness, but shall not include a person committed to a 
private or j)ublic hospital in the District of Columbia by order 
of the court in a criminal proceeding; 
(3) The term "physician" means an individual licensed under 
the laws of the District of Columbia to practice medicine, or an 
individual who practices medicine in the employment of the 
Government of the United States or of the District of Columbia; 
(4) the term "private hospital" means any nongovernmental 
hospital or institution, or part thereof, in the District of Columbia, 
equipped and qualified to provide inpatient care and treatment for 
any individual suflPering from a physical or mental illness; 
(5) the term "public hospital" means any hospital or institu-
tion, or part thereof, in the District of (jolumbia, owned and 
operated by the Government of the United States or of the Dis-
trict of Columbia, equipped and qualified to provide inpatient 
care and treatment for any individual suffering from a physical 
or mental illness; 
(6) the term "administrator" means an individual in charge 
of a public or private hospital or his delegate; and 
(7) the term "chief of service" means the physician charged 
with overall responsibility for the professional program of care 
and treatment in the particular administrative unit of the hospital 
to which the patient has been admitted or such other member of 
the medical staff as shall be designated by the chief of service. 
COMMISSION ON MENTAL HEALTH 
members*'"'"* °^ 
^^^' ^' '^^^ United States District Court for the District of Colum-
m
e
m ers. 
^.^^ (hereinafter referred to as the "court") is authorized to appoint a 
Commission on Mental Health, composed of nine members. One 
member shall be a member of the bar of such court, who has engaged 
in active practice of law in the District of Columbia for a period of at 
least five years prior to his appointment. He shall be the Chairman 
of the Commission and act as the administrative head of the Commis-
sion and its staff. He shall preside at all hearings and direct all of 
the proceedings before the Commission. He shall devote his entire 
time to the work of the Commission. Eight members of the Commis-
sion shall be physicians who have been practicing medicine in the 
District of Columbia and who have had not less than five years' 
78 STAT. ] 
PUBLIC LAW 88-597-SEPT. 15, 1964 
945 
experience in the diagnosis and treatment of mental illnesses. Each 
member of the Commission shall hold office for four years, the appoint-
ments of physician members to be staggered. The physician members 
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 Chairman and two physician members. Physician 
members of the Commission may practice their profession during their 
tenure of office, but may not participate in the disposition of the case 
of any person in which they have rendered professional service or 
advice. The court shall also appoint an alternate lawyer member 
who shall have the same qualifications as the lawyer member of the 
Commission and who shall serve on a part-time basis and act as Chair-
man in the absence of the permanent Chairman. The salaries of the 
members of the Commission and its employees shall be fixed in accord-
ance with the provisions of the Classification Act of 1949, as amended. 
^"'^' P- ''°°-
The alternate Chairman shall be paid on a per diem basis at the same 
rate of compensation as fixed for the permanent Chairman. It shall 
be the duty of the Commission on Mental Health to examine alleged 
mentally ill persons, inquire into their affairs and the affairs of persons 
who may be legally liable for their support, and to make reports and 
recommendations to the court. Except as otherwise provided in this 
Act, the Commission may conduct its examinations and hearings either 
at the courthouse or elsewhere at its discretion. The court may issue 
subpenas at the request of the Commission returnable before the Com-
mission, for the appearance of the alleged mentally ill person, witnesses, 
and persons who may be liable for the support of the mentally ill 
person. The Commission, or any of the members thereof, shall be 
competent and compellable witnesses at any trial, hearing, or other 
proceeding conducted pursuant to this Act and the physician-patient 
privilege shall not be applicable. 
VOLUNTARY HOSPITALIZATION 
SEC. 4. (a) Any individual may apply to any public or private hos-
pital in the District of Columbia for admission to such hospital as a 
voluntary patient for the purposes of observation, diagnosis, and care 
and treatment of a mental illness. Upon the request of any such indi-
vidual eighteen years of age or over (or in the case of any individual 
under eighteen years of age, upon a request made by his spouse, parent, 
or legal guardian), the administrator of a public hospital shall, if an 
examination by an admitting psychiatrist at such public hospital 
reveals the need for such hospitalization, and the administrator of a 
private hospital may, admit any such individual as a voluntary patient 
to such hospital for observation, diagnosis, and care and treatment of a 
mental illness in accordance with the provisions of this Act. 
(b) Any voluntary patient admitted to any hospital pursuant to this 
section shall, if h© is eighteen years of age or over, be entitled at any 
time to obtain his release from such hospital by filing a written request 
wdth the chief of service. The chief of service shall, within a period of 
forty-eight hours after the receipt of any such request (unless such 
period shall expire on a Saturday, Sunday, or legal holiday, then not 
later than noon of the next succeeding day which is not a Saturday, 
Sunday, or legal holiday), release the voluntary patient making such 
request. 
In the case of any voluntary patient under the age of 
eighteen years, the chief of service shall release such patient, accord-
ing to the provisions of this section, upon the written request of his 
spouse, parent, or legal guardian. The chief of service may release 
any voluntary patient hospitalized pursuant to this section whenever 
he determines that such patient has recovered or that his continued hos-
pitalization is no longer beneficial to him or advisable. 
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PUBLIC LAW 88-597-SEPT. 15, 1964 
[78 STAT. 
HOSPITALIZATION OF NONPROTESTING PERSONS 
SEC. 5. (a) A friend or relative of an individual believed to be 
suffering from a mental illness may make application on behalf of that 
individual to the admitting psychiatrist of any hospital by presenting 
the individual, together with a referral from a practicing physician. 
Such individual may be accepted for examination and treatment by 
any private hospital and shall be accepted for examination and treat-
ment by any public hospital if, in the judgment of the admitting 
psychiatrist, the need for such is indicated on the basis of the individ-
ual's mental condition and such individual signs a statement at the time 
of such admission stating that he does not object to hospitalization. 
Such statement shall contain in simple, nontechnical language the fact 
that the individual is to be hospitalized and a description of the right 
to release set out in subsection (b) of the section. 
The admitting 
psychiatrist ma}^ admit such an individual without referral from a 
practicing physician if the need for an immediate admission is 
apparent to the admitting psychiatrist upon preliminary examination. 
(b) Any person hospitalized under the provisions of subsection (a) 
of this section shall be immediately released upon his written request 
unless proceedings for hospitalization under court order pursuant to 
section 7 have been initiated. 
EMERGENCY 
HOSPITALIZATION 
SEC. 6. (a) Any duly accredited officer or agent of the Department 
of Public Health of the District of Columbia, or any officer authorized 
to make arrests in the District of Columbia, or the family physician of 
the individual in question, who has reason to believe that an individual 
is mentally ill and, because of such illness, is likely to injure himself or 
others if he is not immediately detained may, without a warrant, take 
such individual into custody, transport him to a public or private hos-
pital, and make application for his admission thereto for purposes of 
emergency observation and diagnosis. 
Such application shall reveal 
the circumstances under which the individual was taken into custody 
and the reasons therefor. 
(b) Subject to the provisions of subsection (c) of this section, the 
administrator of any private hospital, may, and the administrator of 
any public hospital shall, admit and detain for purposes of emergency 
observation and diagnosis any individual with respect to whom such 
application is made, if such application is accompanied by a certificate 
of a psychiatrist on duty at such hospital stating that he has examined 
the individual and is of the opinion that he has symptoms of a mental 
illness and, as a result thereof, is likely to injure himself or others 
unless he is immediately hospitalized; not later than twenty-four hours 
after the admission pursuant to this section of any individual to a 
hospital, the administrator of such hospital shall serve notice of such 
admission, by registered mail, to the spouse, parent, or legal guardian 
of such individual and to the Commission on Mental Health. 
(c) No individual admitted to any hospital under subsection (b) of 
this section shall be detained in such hospital for a period in excess of 
forty-eight hours from the time of his admission (unless such period 
shall expire on a Saturday, Sunday, or le^al holiday, then not later 
than noon of the next succeeding day which is not a Saturday, Sunday, 
or legal holiday) unless the administrator of such hospital has, within 
such period, filed a written jjetition with the court for an order au-
thorizing the continued hospitalization of such individual for emer-
gency observation and diagnosis for a period not to exceed seven days 
from the time such order is entered. 
78 
STAT. ] 
PUBLIC LAW 88-597-SEPT. 15, 1964 
947 
(d) The court shall, within a period of twenty-four hours after the 
receipt by it of such petition (unless such period shall expire on a 
Saturday, Sunday, or legal holiday, then not later than noon of the 
next succeeding day which is not a Saturday, Sunday, or legal holi-
day) either order the hospitalization of such individual for emergency 
observation and a diagnosis for a period of not to exceed seven days 
from the time such order is entered, or order his immediate release. 
In making its determination, the court shall consider the written 
reports of the agent, officer, or physician who made the application 
under subsection (b) of this section, the certificate of the examining 
psychiatrist which accompanied it, and any other relevant information. 
(e) Any individual whose continued hospitalization is ordered under 
subsection (d) of this section shall be entitled upon his request to a 
hearing before the court entering such order. Any such hearing so 
requested shall be held within a period of twenty-four hours after 
receipt of such request (unless such period shall expire on a Saturday, 
Sunday, or legal holiday, then not later than noon of the next succeed-
ing day which is not a Saturday, Sunday, or legal holiday). 
(f) The chief of service of any hospital in which an individual is hos-
pitalized under a court order entered pursuant to subsection (d) of 
this section shall, within forty-eight hours after such order is entered, 
have such individual examined by a physician. If the physician, after 
his examination, certifies that in his opinion the individual is not men-
tally ill to the extent that he is likely to injure himself or others if not 
presently detained, the individual shall be immediately released. The 
chief of service shall, within forty-eight hours after such examination 
has been completed, send a copy of the results thereof by registered 
mail to the spouse, parents, attorney, legal guardian, or nearest known 
adult relative of the individual examined. 
(g) Any physician or psychiatrist making application or conducting 
an examination under this Act shall be a competent and compellable 
witness at any trial hearing or other proceeding conducted pursuant to 
this Act and the physician-patient privilege shall not be applicable. 
(h) Notwithstanding any other provision of this section, the admin-
istrator of any hospital in which an individual is hospitalized under 
this section may, if judicial proceedings for his hospitalization have 
been commenced under section 7 of this Act, detain such individual 
therein during the course of such proceedings. 
HOSPITALIZATION UNDER COURT ORDER 
SEC. 7. (a) Proceedings for the judicial hospitalization of any indi-
vidual in the District of Columbia may be commenced by the filing 
of a petition with the Mental Health Commission by his spouse, parent, 
or legal guardian, by any physician, duly accredited officer or agent 
of the Department of Public Health, or by any officer authorized to 
make arrest in the District of Columbia. 
Such petition shall be accom-
panied (1) by a certificate of a physician stating that he has examined 
the individual and is of the opinion that such individual is mentally 
ill, and because of such illness is likely to injure himself or others 
if allowed to remain at liberty, or (2) by a sworn written statement by 
the petitioner that (A) the petitioner has good reason to believe that 
such individual is mentally ill and, because of such illness, is likely 
to injure himself or others if allowed to remain at liberty, and (B) that 
such individual has refused to submit to examination by a physician. 
(b) Within three days after the receipt by it of any petition filed 
under subsection (a) of this section, the Commission shall send a copy 
of such petition by registered mail to the individual with respect to 
whom it was filed. 
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PUBLIC LAW 88-597-SEPT. 15, 1%4 
[78 STAT. 
(c) The Commission shall promptly examine any individual alleged 
to be mentally ill after the filing of a petition provided by subsection 
(a) of this section and shall thereafter promptly hold a hearing 
on the issue of his mental illness. Such hearing shall be conducted in 
as informal a manner as may be consistent with orderly procedure and 
in a physical setting not likely to have a harmful effect on the mental 
health of the individual named in such petition. In conducting such 
hearing, the Commission shall hear testimony of any person whose 
testimony may be relevant and shall receive all relevant evidence which 
may be offered. 
Any individual with respect to whom a hearing is 
held under this section shall be entitled, in his discretion, to be present 
at such hearing, to testify, and to present and cross-examine witnesses. 
The Commission shall also hold a hearing in order to determine 
liability under the provisions of subsection (g) of this section for 
the expenses of hospitalization of the alleged mentally ill person, if 
it is determined that he is mentally ill and should be hospitalized as 
provided under this Act. Such hearing may be conducted separately 
from the hearing on the issue of mental illness. If conducted sepa-
rately, it may be conducted by the Chairman of the Commission alone. 
(d) The alleged mentally ill person shall be represented by counsel 
in any proceeding before the Commission or the court, and if he fails 
or refuses to obtain counsel, the court shall appoint counsel to represent 
him. Any counsel so appointed shall be awarded compensation by 
the court for his services in an amount determined by it to be fair and 
reasonable. Such compensation shall be charged against the estate 
of the individual for whom such counsel was appointed, or against 
any unobligated funds of the Commission, as the court in its discretion 
may direct. The Commission or the court, as the case may be, shall, 
at the request of any counsel so appointed, grant a recess in such 
proceeding (but not for more than five days) to give such counsel an 
opportunity to prepare his case. 
(e) If the Commission finds, after such hearing, that the individual 
with respect to whom such hearing was held is not mentally ill or if 
mentally ill, is not mentally ill to the extent that he is likely to injure 
himself or others if allowed to remain at liberty, the Commission shall 
immediately order his release and notify the court of that fact in writ-
ing. If the Commission finds, after such hearing, that the individual 
with respect to whom such hearing was held is mentally ill, and because 
of such illness is likely to injure himself or others if allowed to remain 
at liberty, the Commission shall promptly report such fact, in writing, 
to the United States District Court for the District of Columbia. Such 
report shall contain the Commission's findings of fact, conclusions of 
law, and recommendations. 
Any alleged mentally ill person with 
respect to whom such report is made shall have the right to demand a 
jury trial and shall be advised of that right by the Commission orally 
and in writing. A copy of the report of the Commission shall be served 
personally on the alleged mentally ill person and his attorney. 
(f) LTpon the receipt by the court of any such report referred to 
in subsection (e), the court shall promptly set the matter for hearing 
and shall cause a written notice of the time and place of the final 
hearing to be served personally upon the individual with respect to 
whom such report was made and his attorney, together with notice that 
he has five days following the date on which he is so served within 
which to demand a jury trial. 
Any such demand may be made by 
such individual or by anyone in his behalf. 
If a jury trial is demanded 
within such five-day period, it shall be accorded by the court with all 
reasonable speed. 
If no timely demand is made for such trial, the 
court shall determine such individual's mental condition on the basis 
of the report of the Commission, or on such further evidence in addi-
78 STAT. ] 
PUBLIC LAW 88-597-SEPT. 15, 1964 
949 
tion to such report as the court may require. 
If the court or jury (as 
the case may be) finds that such individual is not mentally ill, the court 
shall dismiss the petition and order his release. If the court or jury 
(as the case may be) finds that such individual is mentally ill and, 
because of that illness, is likely to injure himself or others if allowed 
to remain at liberty, the court may order his hospitalization for an 
indeterminate period, or order any other alternative course of treat-
ment which the court believes will be in the best interests of such 
individual or of the public. 
The Commission, or any member thereof, 
shall be competent and compellable witnesses at any hearing or jury 
trial held pursuant to this Act. 
The jury to be used in any case where 
a jury trial is demanded under this Act shall be impaneled, upon order 
of the court, from the jurors in attendance upon other branches of the 
court, who shall perform such services in addition to and as part of 
their duties in such court. 
(g) The father, mother, husband, wife, and adult children of a 
mentally ill person, if of sufficient ability, and the estate of such 
mentally ill person, if such estate is sufficient for the purpose, shall pay 
the cost to the District of Columbia of such mentally ill person's 
maintenance, including treatment, in any hospital in which such per-
son is hospitalized under this Act. It shall be the duty of the Commis-
sion to examine, under oath, the father, mother, husband, wife, and 
adult children of any alleged mentally ill person whenever such rela-
tives live within the District of Columbia, and to ascertain the ability 
of such relatives or estate to maintain or contribute toward the main-
tenance of such mentally ill person; except that in no case shall such 
relatives or estate be required to pay more than the actual cost to the 
District of Columbia of maintenance of such alleged mentally ill per-
son. If any individual hereinabove made liable for the maintenance 
of a mentally ill person shall fail so to provide or pay for such main-
tenance, the court shall issue to such individual a citation to show 
cause why he should not be adjudged to pay a portion or all of the 
expenses of maintenance of such patient. The citation shall be served 
at least ten days before the hearing thereon. If, upon such hearing, 
it shall appear to the court that the mentally ill person has not suf-
ficient estate out of which his maintenance may properly be fully met 
and that he has relatives of the degree hereinabove referred to who 
are parties to the proceedings, and who are able to contribute thereto, 
the court may maJje an order requiring payment by such relative of 
such sum or sums as it may find they are reasonably able to pay and 
as may be necessary to provide for the maintenance and treatment of 
such mentally ill person. Such order shall require the payment of such 
sums to the District of Columbia treasurer annually, semiannually, 
quarterly, or monthly as the court may direct. It shall be the duty of 
the treasurer to collect such sums due under this section, and to turn 
the same into the Treasury of the United States to the credit of the 
District of Columbia. Any such order may be enforced against any 
property of the mentally ill person or of the individual liable or under-
taking to maintain him in the same way as if it were an order for 
temporary alimony in a divorce case. 
(h) No petition, application, or certificate authorized under sections 
r>(a) and 7(a) of this Act may be considered if made by a physician 
who is related by blood or marriage to the alleged mentally ill person, 
or who is financially interested in the hospital in which the alleged 
mentally ill person is to be detained, or, except in the case of physicians 
employed by the United States or the District of Columbia, who are 
professionally or officially connected with such hospital. 
No such 
petition, application, or certificate of any physician shall be considered 
unless it is based on personal observation and examination of the 
950 
PUBLIC L
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W 88-597-SEPT. 15, 1964 
[78 STAT. 
alleged mentally ill person made by such physician not more than 
seventy-two hours prior to the making of the petition, application, or 
certificate. Such certificate shall set forth m detail the facts and 
reasons on which such physician based his opinions and conclusions. 
PERIODIC EXAMINATION AND RELEASE 
SEC. 8. (a) Any patient hospitalized pursuant to a court order 
obtained under section 7 of this Act, or his attorney, legal guardian, 
spouse, parent, or other nearest adult relative, shall be entitled, upon 
the expiration of ninety days following such order and not more 
frequently than every six months thereafter, to request, in writing, the 
chief of service of the hospital in which the patient is hospitalized, 
to have a current examination of his mental condition made by one or 
more physiciajus. If the request is timely it shall be granted. The 
patient shall be entitled, at his own expense, to have any dulv qualified 
phj^sician participate in such examination. In the case oi any such 
patient who is indigent, the Department of Public Health shall, upon 
the written request of such patient, assist him in obtaining a duly 
qualified physician to participate in such examination in the patient's 
behalf. Any such physician so obtained by such indigent patient 
shall be compensated for his services out of any unobligated funds of 
such Department in an amount determined by it to be fair and reason-
able. Ii the chief of service, after considering the reports of the 
physicians conducting such examination, determines that the patient 
is no longer mentally ill to the extent that he is likely to injure himself 
or others if not hospitalized, the chief of service shall order the 
immediate release of the patient. However, if the chief of service, 
after considering such reports, determines that such patient continues 
to be mentally ill to the extent that he is likely to injure himself or 
others if not hospitalized, but one or more of the physicians par-
ticipating in such examination reports that the patient is not mentally 
ill to such extent, the patient may petition the court for an order direct-
ing his release. Such petition shall be accompanied by the reports of 
the physicians who conducted the examination of the patient. 
(b) In considering such petition, the court shall consider the testi-
mony of the physicians who participated in the examination of such 
patient, and the reports of sucn physicians accompanying the petition. 
After considering such testimony and reports, the court shall either 
(1) reject the petition and order the continued hospitalization of the 
patient, or (2) order the chief of service to immediately release such 
patient. Any physician participating in such examination shall be a 
competent and compellable witness at any trial or hearing held pursu-
ant to this Act. 
(c) The chief of service of a public or private hospital shall as often 
as practicable, but not less often than every six months, examine or 
cause to be examined each patient admitted to any such hospital pur-
suant to section 7 of this Act and if he determines on the basis of such 
examination that the conditions which justified the involuntary hos-
pitalization of such patient no longer exist, the chief of service shall 
immediately release such patient. 
(d) Nothing in this section shall be construed to prohibit any per-
son from exercising any right presently available to him for obtaining 
release from confinement, including the right to petition for a writ of 
habeas corpus. 
78 STAT. ] 
PUBLIC LAW 88-597-SEPT. 15, 1964 
951 
RIGHT TO COMMUNICATION 
^EXERCISE OF CERTAIN RIGHTS 
SEC. 9. (a) Any person hospitalized in a public or private hospital 
pursuant to this Act shall be entitled (1) to communicate by sealed 
mail or otherwise with any individual or official a^ncy inside or out-
side the hospital, and (2) to receive uncensored mail from his attorney 
or personal physician. All other incoming mail or communications 
may be read before being delivered to the patient, if the chief of service 
believes such action is necessary for the medical welfare of the patient 
who is the intended recipient. However, any mail or other communi-
cation which is not delivered to the patient for whom it is intended 
shall be immediately returned to the sender. But nothing in this sec-
tion shall prevent the administrator from making reasonable rules 
regarding visitation hours and the use of telephone and telegraph 
facilities. 
(b) Any person hospitalized in a public hospital for a mental illness 
shall, during his hospitalization, be entitled to medical and psychiatric 
care and treatment. The administrator of each public hospital shall 
keep records detailing all such care and treatment received by any 
such person and such records shall be made available, upon that per-
son's written authorization, to his attorney or personal physician. 
Such records shall be preserved hj the administrator until such person 
has been discharged from the hospital. 
(c) No mechanical restraint shall be applied tx) any patient hos-
pitalized in any public or private hospital for a mental illness unless 
the use of restraint is prescribed by a physician and, if so prescribed, 
such restraint shall be removed whenever the condition justifying its 
use no longer exists. Any use of a mechanical restraint, together with 
the reasons therefor, shall be made a part of the medical record of the 
patient. 
(d) No patient hospitalized pursuant to this Act shall, by reason 
of such hospitalization, be denied the right to dispose of property, 
execute instruments, make purchases, enter into contractual relation-
ships, vote, and hold a driver's license, unless such patient has been 
adjudicated incompetent by a court of competent jurisdiction and 
has not been restored to legal capacity. If the chief of service of the 
public or private hospital in which any such patient is hospitalized is 
of the opinion that such patient is unable to exercise any of the afore-
mentioned rights, the chief of service shall immediately notify the 
patient and the patient's attorney, legal guardian, spouse, parents, or 
other nearest known adult relative, and the United States District 
Court for the District of Columbia, the Commission on Mental Health, 
and the Board of Commissioners of the District of Columbia of that 
fact. 
(e) Any individual in the District of Columbia who, by reason of 
a judicial decree ordering his hospitalization entered prior to the date 
of the enactment of this Act, is considered to be mentally incompetent 
and is denied the right to dispose of property, execute instruments, 
make purchases, enter into contractual relationships, vote, or hold a 
driver's license solely by reason of such decree, shall, upon the expira-
tion of the one-year period immediately following such date of enact-
ment, be deemed to have been restored to legal capacity unless, within 
such one-year period, affirmative action is commenced to have such 
individual adjudicated mentally incompetent by a court of competent 
jurisdiction. 
(f) Any patient, and the patient's spouse, parents, or other nearest 
known adult relative, shall receive, upon admission of the patient to 
the hospital, a written statement outlining in simple, nontechnical 
language all release procedures provided by this Act, setting out all 
31-667 0-65—63 
952 
PUBLIC LAW 88-597-SEPT. 15, 1964 
[78 STAT. 
rights accorded to patients hj this Act, and describing procedures 
provided by law for adjudication of incompetency and appointment 
of trustees or committees for the hospitalized individual. 
VETERANS' ADMINISTRATION FACILITIES 
SEC. 10. Nothing in this Act shall be construed to require the 
admission of any individual to any Veterans' Administration or 
military hospital facility unless such individual is otherwise eligible 
for care and treatment in such facility. 
PENALTIES 
SEC. 11. (a) Any individual who, (1) without probable cause for 
believing a person to be mentally ill, causes or conspires with or assists 
another to cause the hospitalization of any such person under this 
Act, or (2) causes or conspires with or assists another to cause the 
denial to an^ person of any right accorded to him under this Act, 
shall be punished by a fine not exceeding $5,000 or imprisonment not 
exceeding three years, or both. 
(b) Any individual who, without j)robable cause for believing a 
person to be mentally ill, executes a petition, application, or certificate 
pursuant to this Act, b j which such individual secures or attempts 
to secure the apprehension, hospitalization, detention, or restraint of 
any such person, or any physician or psychiatrist who knowingly 
makes any false certificate or application pursuant to this Act as to 
the mental condition of any person, shall be punished by a fine not 
exceeding $5,000 or imprisonment not exceeding three years, or both. 
NONRESIDENT 
SEC. 12. If an individual ordered committed to a public hospital by 
the court pursuant to subsection (f) of section 7 is found by the Com-
mission, subject to a review by the court, not to be a resident of the 
District of Columbia, and to be a resident of another place, he shall 
be transferred to the State of his residence if an appropriate institu-
tion of that State is willing to accept him. 
If the person be an 
indigent, the expense of transferring him, including the traveling 
expenses of necessary attendants, shall be borne by the District of 
Columbia. 
For the purposes of this section, a "resident of the Dis-
trict of Columbia" means an individual who has maintained his 
principal place of abode in the District of Columbia for more than 
one year immediately^ prior to the filing of the petition referred to in 
subsection (a) of section 7 of this Act. 
WITNESS FEES 
SEC. 13. Witnesses subpenaed under the provisions of this Act shall 
be paid the same fees and mileage as are paid to witnesses in the courts 
of the United States. 
NOT TO B E CONFINED I N 
JAIL 
SEC. 14. No person apprehended, detained, or hospitalized under 
any provision of this Act, shall be confined in jail or m any penal or 
correctional institution. 
FORMS 
SEC. 15. All applications and certificates for the hospitalization of 
any individual in the District of Columbia under this Act shall be 
made on forms approved by the Commission and furnished by it. 
78 STAT. J 
PUBLIC LAW 88-597-SEPT. 15, 1964 
953 
SURETY 
SEC. 16. The court in its discretion may require any petitioner under 
section 7 of this Act to file an undertaking with surety to be approved 
by the court in such amount as the court may deem proper, conditioned 
to save harmless the respondent by reason of costs incurred, including 
attorney's fees, if any, and damages suffered by the respondent, as a 
result of any such action. 
INDIVIDUALS PREVIOUSLY 
HOSPITALIZED 
SEC. 17. The provisions of sections 8, 9, 12, 14, 15, and 16 of this 
Act shall be applicable to any person who, on or after the date of the 
enactment of this Act, is a patient in a hospital in the District of 
Columbia by reason of having been declared insane or of unsound 
mind pursuant to a court order entered in a noncriminal proceeding 
prior to such date of enactment; except that any request for an 
examination authorized under section 8 may be made by such person, 
or his attorney, legal guardian, spouse, parent, or other nearest adult 
relative, after the expiration of the thirty-day period following the 
date of the enactment of this Act and not more frequently than every 
six months thereafter. 
D.C. Code 21-501. 
D.C.Code 21-310 
to 21-318, 21-320 
APPOINTMENT OF CONSERVATORS 
SEC. 18. The first section of the Act of October 24, 1951 (65 Stat. 
608), is amended by adding after "mental weakness (not amounting 
to unsoundness of mind)" the following: "mental illness (as such term 
is defined in the District of Columbia Hospitalization of the Mentally 
111 Act)." 
ACTS REPEALED 
SEC. 19. (a) Except as otherwise provided in subsection (b) of 
this section, the Act entitled "An Act to provide for insanity proceed-
ings in the District of Columbia", approved June 8, 1938 (52 Stat. 
625), as amended, and the Act entitled "An Act to provide for insanity 
^'^' ^°'^^ ^ ^"^^^ 
proceedings in the District of Columbia", approved August 9, 1939 
(53 Stat. 1293), as amended, are repealed. 
(b) The repeal of the Act of June 8,1938, and of the Act of August to 21-325 
9, 1939, shall not be construed to affect (1) any action or proceeding 
brought or existing on the date immediately preceding the date of the 
enactment of this Act, or (2) any liability incurred by any person 
for the payment of the costs of maintenance and treatment of an 
insane or incompetent person hospitalized in the District of Columbia 
prior to the date of the enactment of this Act, and any such action or 
proceeding shall be heard and determined and such liability continued 
in accordance with the provisions of such Acts in the same manner 
and to the same extent as if they had not been repealed. 
(c) The Act entitled "An Act to authorize the apprehension and 
detention of insane persons in the District of Columbia, and providing 
for their temporary commitment in the Government Hospital for 
the Insane, and for other purposes", approved April 27,1904 (33 Stat 
316), is hereby repealed. 
(d) Sections 4849,4856, and 4857 of the Revised Statutes are hereby ^D.'ctc'ode 21-319. 
repealed. 
332. 333. 
(e) Sections 115(b), 115(c), 115(d), and 115(e),of the Act entitled 
"An Act to establish a code of law for the District of Columbia", 
approved March 3, 1901 (31 Stat. 1189), as amended, are hereby 2i?303?o°ti-3of ^' 
repealed. Nothing in this subsection shall be construed to affect any 
D.C. Code 21-326, 
327, 330. 
954 
PUBLIC LAW 88-598-SEPT. 18,1964 
[78 STAT. 
D.C. Code 32-
414. 
62 Stat. 549. 
D.C. Code 32-
401a. 
action taken prior to the date of the enactment of this Act pursuant to 
any of the aforementioned subsections repealed by this subsection. 
(f) The last sentence of section 1 of the Act of February 23, 1905 
(33 Stat. 740), as amended (D.C. Code, sec. 21-307), is hereby repealed. 
(g) The Act of March 3, 1927 (44 Stat. 1383; D.C. Code, sec. 21-
302), is hereby repealed. 
(h) Sections 1, 2, and 3 of the Act of June 22, 1948 (62 Stat. 572), 
as amended (D.C. Code, sec. 32-412-413), are hereby repealed. 
(i) The two provisos in the fifth paragraph under the heading 
"Public Welfare" in the District of Columbia Appropriations Act, 
1949, are hereby repealed. 
CONTINUANCE OF COMMISSION ON MENTAL H E A L T H 
SEC. 20. The Commission on Mental Health to which reference is 
made in section 3 of this Act is the Commission established by the Act 
of June 8,1938 (52 Stat. 625), as amended. Nothing contained in any 
amendment made by this Act shall be construed to affect or impair the 
existence of the Commission so established, or to alter the pay or the 
terms of office of the members of such Commission serving as such on 
the day preceding the date of enactment of this Act. 
Approved September 15, 1964. 
Public Law 88-598 
September 18, 1964 
A N 
A C T 
1^^' ^^^^'i 
To amend the Act authorizing the Crooked River Federal reclamation project to 
provide for the irrigation of additional lands. 
Crooked River 
Federal reclama-
tion project, Greg. 
Appropriation. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That the first section 
of the Act entitled "An Act to authorize construction by the Secretary 
of the Interior of the Crooked River Federal reclamation project, 
Oregon", approved August 6, 1956 (70 Stat. 1058), as amended, is 
amended by inserting immediately before the period at the end of 
the first sentence of such section the following: "and the Crooked 
River project extension, together referred to hereafter as the project. 
The principal new works for the project extension shall include six 
pumping plants, canals, and related distribution and 
drainage 
facilities". 
SEC. 2. There are hereby authorized to be appropriated for con-
struction of the new works involved in the Crooked River project 
extension $1,132,000, plus or minus such amounts, if any, as may be 
required by reason of changes in the cost of construction work of the 
types involved therein as shown by engineering cost indexes and, in 
addition thereto, such sums as may be required to operate and maintain 
said extension. 
SEC. 3. Supplemental power and energy required for irrigation 
water pumping for the project shall be made available by the Secre-
tary of the Interior from the Federal Columbia River power system 
at charges determined by him. 
Approved September 18, 1964.