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Current through October 23, 2012
(a) Proceedings for the judicial commitment of a person in the District of Columbia may be commenced by the filing of a petition with the Commission by his spouse, parent, or legal guardian, by a physician or a qualified psychologist, by a duly accredited officer or agent of the Department, by the Director of the Department or the Director's designee, or by an officer authorized to make arrests in the District of Columbia. The petition shall be accompanied by:
(1) a certificate of a physician 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; or
(2) a sworn written statement by the petitioner that:
(A) the petitioner has good reason to believe that the person is mentally ill, and, because of the illness, is likely to injure himself or other persons if not committed; and
(B) the person has refused to submit to examination by a physician or qualified psychologist.
(b) Within three days after the Department receives a petition filed under subsection (a) of this section, the Department shall send a copy of the petition by registered mail to the person with respect to whom it was filed.
(Sept. 14, 1965, 79 Stat. 754, Pub. L. 89-183, § 1; Feb. 24, 1984, D.C. Law 5-48, § 11(a)(12), 30 DCR 5778; Apr. 30, 1988, D.C. Law 7-104, § 6(g), 35 DCR 147; Dec. 18, 2001, D.C. Law 14-56, § 116(g)(2), 48 DCR 7674; April 4, 2003, D.C. Law 14-283, § 2(p), 50 DCR 917; Mar. 13, 2004, D.C. Law 15-105, § 57, 51 DCR 881.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 21-541.
1973 Ed., § 21-541.
Effect of Amendments
D.C. Law 14-56, in subsec. (a), substituted "Department of Mental Health" for "Department of Human Services".
D.C. Law 14-283 rewrote the introductory paragraph of subsec. (a); in par. (1) of subsec. (a), substituted "not committed" for "allowed to remain at liberty"; and in par. (2)(A) of subsec. (a), substituted "not committed" for "allowed to remain at liberty". Prior to amendment, the introductory paragraph of subsec. (a) had read as follows:
"(a) Proceedings for the judicial hospitalization of a person in the District of Columbia may be commenced by the filing of a petition with the Department of Mental Health by his spouse, parent, or legal guardian, by a physician or a qualified psychologist, by a duly accredited officer or agent of the Department of Mental Health, or by an officer authorized to make arrests in the District of Columbia. The petition shall be accompanied by:"
D.C. Law 15-105 validated previously made technical corrections.
Temporary Amendments of Section
Section 16(g)(2) of D.C. Law 14-51, in subsec. (a), substituted "Department of Mental Health" for "Department of Human Services".
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(o) of D.C. Law 14-131, in subsec. (a), in the introductory language, substituted "commitment" for "hospitalization"; and in pars. (1) and (2)(A), substituted "not committed" for "allowed to remain at liberty".
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 § 116(g)(2) 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 § 16(g)(2) 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)(2) 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 § 2(o) 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(o) 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(p) 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(p) 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.
For D.C. Law 14-51, see notes following § 21-521.
For Law 14-56, see notes following § 21-521.
For Law 14-131, see notes following § 21-501.
For Law 14-283, see notes following § 21-501.
Law 15-105, the "Technical Amendments Act of 2003", was introduced in Council and assigned Bill No. 15-437, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 4, 2003, and December 2, 2003, respectively. Signed by the Mayor on January 6, 2004, it was assigned Act No. 15-291 and transmitted to both Houses of Congress for its review. D.C. Law 15-105 became effective on March 13, 2004.
