§ 21-521. Detention of persons believed to be mentally ill; transportation and application to hospital.

Current through October 23, 2012

An accredited officer or agent of the Department of Mental Health of the District of Columbia, or an officer authorized to make arrests in the District of Columbia, or a physician or qualified psychologist of the person in question, who has reason to believe that a person is mentally ill and, because of the illness, is likely to injure himself or others if he is not immediately detained may, without a warrant, take the person into custody, transport him to a public or private hospital, or to the Department, and make application for his admission thereto for purposes of emergency observation and diagnosis. The application shall reveal the circumstances under which the person was taken into custody and the reasons therefor.

                
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(Sept. 14, 1965, 79 Stat. 753, Pub. L. 89-183, § 1; July 29, 1970, 84 Stat. 567, Pub. L. 91-358, title I, § 150(c)(2); Feb. 24, 1984, D.C. Law 5-48, § 11(a)(8), 30 DCR 5778; Apr. 30, 1988, D.C. Law 7-104, § 6(f), 35 DCR 147; Dec. 18, 2001, D.C. Law 14-56, § 116(g)(1), 48 DCR 7674; Apr. 4, 2003, D.C. Law 14-283, § 2(h), 50 DCR 917.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 21-521.

1973 Ed., § 21-521.

Effect of Amendments

D.C. Law 14-56 substituted "Department of Mental Health" for "Department of Human Services".

D.C. Law 14-283 added ", or to the Department" after "or private hospital".

Temporary Amendments of Section

Section 16(g)(1) of D.C. Law 14-51 substituted "Department of Mental Health" for "Department of Human Services" in the first sentence.

Section 19(b) of D.C. Law 14-51 provides that the act shall expire after 225 days of its having taken effect.

Section 2(g) of D.C. Law 14-131, in the first sentence, added ", or to the Department," following "or private hospital".

Section 5(b) of D.C. Law 14-131 provides that the act shall expire after 225 days of its having taken effect.

Emergency Act Amendments

For temporary (90 day) amendment of section, see § 16(g)(1) of Department of Mental Health Establishment Emergency Amendment Act of 2001 (D.C. Act 14-55, May 2, 2001, 48 DCR 4390).

For temporary (90 day) amendment of section, see § 16(g)(1) of Department of Mental Health Establishment Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-101, July 23, 2001, 48 DCR 7123).

For temporary (90 day) amendment of section, see § 116(g)(1) of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947).

For temporary (90 day) amendment of section, see § 2(g) of Mental Health Commitment Emergency Amendment Act of 2002 (D.C. Act 14-265, January 30, 2002, 49 DCR 1450).

For temporary (90 day) amendment of section, see § 2(g) of Mental Health Commitment Congressional Review Emergency Act of 2002 (D.C. Act 14-350, April 24, 2002, 49 DCR 4417).

For temporary (90 day) amendment of section, see § 2(h) of Mental Health Civil Commitment Emergency Act of 2002 (D.C. Act 14-546, December 12, 2002, 50 DCR 199).

For temporary (90 day) amendment of section, see § 2(h) of Mental Health Civil Commitment Congressional Review Emergency Act of 2003 (D.C. Act 15-41, March 24, 2003, 50 DCR 2784).

Legislative History of Laws

For legislative history of D.C. Law 5-48, see Historical and Statutory Notes following § 21-501.

For legislative history of D.C. Law 7-104, see Historical and Statutory Notes following § 21-501.

Law 14-51, the "Department of Mental Health Establishment Temporary Amendment Act of 2001", was introduced in Council and assigned Bill No. 14-174, which was retained by Council. The Bill was adopted on first and second readings on April 3, 2001, and May 1, 2001, respectively. Signed by the Mayor on May 22, 2001, it was assigned Act No. 14-72 and transmitted to both Houses of Congress for its review. D.C. Law 14-51 became effective on October 30, 2001.

Law 14-56, the "Mental Health Service Delivery Reform Act of 2001", was introduced in Council and assigned Bill No. 14-136, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on June 26, 2001, and July 10, 2001, respectively. Signed by the Mayor on July 24, 2001, it was assigned Act No. 14-119 and transmitted to both Houses of Congress for its review. D.C. Law 14-56 became effective on December 18, 2001.

For Law 14-131, see notes following § 21-501.

For Law 14-283, see notes following § 21-501.