District of Columbia Mental Health Civil Commitment Modernization Act of 2004
PL 108-450 (H.R.4302), enacted 12/10/2004

118 STAT. 3472
PUBLIC LAW 108–450—DEC. 10, 2004
Public Law 108–450
108th Congress
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; organiza-
tion; 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 appoint-
ments 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
District of
Columbia Mental
Health Civil
Commitment
Modernization
Act of 2004.
Dec. 10, 2004
[H.R. 4302]
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118 STAT. 3473
PUBLIC LAW 108–450—DEC. 10, 2004
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 Commis-
sion 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 Chair-
person or alternate Chairperson of the Commission) on such date.
SEC. 3. COMMISSION MEMBERS DEEMED COMPETENT AND COMPEL-
LABLE 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 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 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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118 STAT. 3474
PUBLIC LAW 108–450—DEC. 10, 2004
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 per-
son 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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118 STAT. 3475
PUBLIC LAW 108–450—DEC. 10, 2004
‘‘(c) The psychiatrists and qualified psychologists who are mem-
bers of the Commission shall be competent and compellable wit-
nesses 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
Reports.
Notification.
Certification.
Deadlines.
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118 STAT. 3476
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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 deci-
sion 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 commit-
ment, 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,
Notification.
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118 STAT. 3477
PUBLIC LAW 108–450—DEC. 10, 2004
LEGISLATIVE HISTORY—H.R. 4302:
HOUSE REPORTS: No. 108–729 (Comm. on Government Reform).
CONGRESSIONAL RECORD, Vol. 150 (2004):
Oct. 6, considered and passed House.
Nov. 20, considered and passed Senate.
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.’’.
Approved December 10, 2004.
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