§ 21-546. Periodic examinations of committed patients; procedure for examination and detention or release; petition to court.

Prior Codifications

1981 Ed., § 21-546.

1973 Ed., § 21-546.

Effect of Amendments

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

D.C. Law 14-283 rewrote the section which had read as follows:

"§ 21-546. Periodic requests for examination of hospitalized patient; procedure for examination and detention or release; petition to court.

"A patient hospitalized pursuant to a court order obtained under section 21- 545, or his attorney, legal guardian, spouse, parent, or other nearest adult relative, may, upon the expiration of 90 days following the order and not more frequently than every 6 months thereafter, 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 physicians or qualified psychologists. If the request is timely it shall be granted. The patient may, at his own expense, have a duly qualified physician or qualified psychologist participate in the examination. In the case of such a patient who is indigent, the Department of Mental Health shall, upon the written request of the patient, assist him in obtaining a duly qualified physician or qualified psychologist to participate in the examination in the patient's behalf. A physician or qualified psychologist so obtained by an indigent patient shall be compensated for his services out of any unobligated funds of Department of Mental Health in an amount determined by it to be fair and reasonable. If the chief of service, after considering the reports of the physicians or qualified psychologists conducting the examination, determines that the patient is no longer mentally ill to the extent that he is likely to injure himself or other persons if not hospitalized, the chief of service shall order the immediate release of the patient. However, if the chief of service, after considering the reports, determines that the patient continues to be mentally ill to the extent that he is likely to injure himself or other persons if not hospitalized, but one or more of the physicians or qualified psychologists participating in the examination reports that the patient is not mentally ill to that extent, the patient may petition the court for an order directing his release. The petition shall be accompanied by the reports of the physicians or qualified psychologists who conducted the examination of the patient."

Temporary Amendments of Section

Section 16(g)(3) of D.C. Law 14-51 substituted "Department of Mental Health" for "Department of Human Services" throughout the section.

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(u) of D.C. Law 14-131 amended this section to read as follows:

"§ 21-546. Periodic examinations of committed patients; procedure for examination and detention or release; petition to court.

"(a) A person who has been committed for treatment pursuant to section 21-545 or section 21-545.01 shall be monitored by the chief clinical officer or the chief of service for the facility, hospital, or mental health provider to which the person has been committed. In doing so, the chief or service or chief clinical officer shall:

"(1) Arrange for, at least every 90 days from the date on which the order was issued under section 21-545 or section 21-545.01, an examination of the mental health of the committed person by a psychiatrist or qualified psychologist; and

"(2) Promptly consider the reports of the psychiatrists or qualified psychologists conducting the examination, and order the committed person's immediate release from the commitment if the person is no longer mentally ill to the extent that the person is likely to injure himself or other persons if not committed.

"(b) At the conclusion of an examination conducted pursuant to subsection (a)(1) of this section, the psychiatrist or qualified psychologist shall:

(1) Report his opinion as to whether the committed person is mentally ill and, if mentally ill, whether the committed person is likely to injure himself or others if not committed; and

"(2) Determine whether the committed person is being treated in the least restrictive alternative possible and, if not, identify the least restrictive alternative for the committed person at that time.

"(c)(1) Within 180 days from the date on which the order was issued under section 21-545 or section 21-545.01 and at the committed person's own expense, the committed person may have an independent examination conducted by a psychiatrist or qualified psychologist obtained by the committed person. If a committed person who is indigent makes a written request for assistance, the chief clinical officer shall assist the person in obtaining a psychiatrist or qualified psychologist to conduct the independent examination. A psychiatrist or qualified psychologist so obtained by an indigent person shall be compensated for his services out of any unobligated funds of the Department in an amount determined by the Department to be fair and reasonable.

"(2) A psychiatrist or qualified psychologist who conducts an independent examination of the committed person under this subsection shall submit a report that includes his opinion as to whether the committed person is:

"(A) Mentally ill;

"(B) Likely to injure himself or others as a result of mental illness if not committed; and

"(C) Being treated in the least restrictive alternative possible.

"(3) If the psychiatrist or qualified psychologist who conducted the independent examination determines that the committed person is not being treated in the least restrictive alternative possible, he shall identify the least restrictive treatment appropriate for the committed person at that time.

"(d)(1) If the chief clinical officer of the Department or the chief of service for the facility, hospital, or mental health provider, after considering the reports of the psychiatrists or qualified psychologists conducting the examination pursuant to subsection (a)(1) of this section, determines that the committed person continues to be mentally ill to the extent that the person is likely to injure himself or other persons if not committed, but one or more of the psychiatrists or qualified psychologists who conducted independent examinations under subsection (c) of this section reports that the committed person is not mentally ill to that extent, the committed person may petition the court for an order directing the person's release.

"(2) If the reports of the psychiatrists or qualified psychologists who have examined the committed person under subsection (a) or subsection (c) of this section identify less restrictive treatment alternatives for the committed person and the chief clinical officer of the Department or the chief of service for the hospital, facility, or mental health provider does not implement the less restrictive form of treatment within 14 days of receipt of the report, the committed person may petition the court for an order directing the person's release to a less restrictive form of commitment.

"(3) The petition filed with the court under this subsection shall be accompanied by the reports of the psychiatrists or qualified psychologists who conducted the examinations of the committed person, whether on behalf of the Department, hospital, or provider, or on behalf of the committed person."

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)(3) 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)(3) 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)(3) 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(u) 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(u) 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(v) 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(v) 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 12-81, the "Technical Amendments Act of 1998," was introduced in Council and assigned Bill No. 12-408, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 4, 1997, and December 4, 1997, respectively. Signed by the Mayor on December 22, 1997, it was assigned Act No. 12-246 and transmitted to both Houses of Congress for its review. D.C. Law 12-81 became effective on March 24, 1998.

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.

References in Text

Section 21-545.01, referred to in subsecs. (a), (a)(1), and (c)(1), is enacted only upon enactment of certain legislation by the United States Congress.