§ 21-589.01. Interim provisions for term of commitment.

Effect of Amendments

D.C. Law 16-235 rewrote the section which had previously read as follows:

"Any person committed for an indeterminate period of time pursuant to section 21-545 prior to January 1, 2003 shall have his commitment terminate no more than 18 months from January 1, 2003 unless the chief clinical officer of the Department, facility, hospital, or mental health provider has petitioned for recommitment under section 21-545.01. The petition for recommitment of those persons who were committed for an indeterminate period of time prior to January 1, 2003 may be filed at any time during the 18-month period, but no later than 60 days prior to the expiration of the period."

Temporary Amendments of Section

Section 2(b) of D.C. Law 15-199 rewrote the section to read as follows:

"§ 21-589.01. Interim provisions for term of commitment.

"(a) The commitment of a person committed under section 21-545 for an indeterminate period of time shall expire 548 days after the effective date of the federal law enacting section 2(d), (e), (l)(2), (r)(3) and (4), (t), and (u) of the Mental Health Civil Commitment Act of 2002, effective April 4, 2003 (D.C. Law 14-283; 50 DCR 917), unless the chief clinical officer of the Department, facility, hospital, or mental health provider has petitioned for recommitment of the person.

"(b) A petition for recommitment under this section shall be subject to the provisions for a petition for renewal of commitment brought under section 21- 545.01 unless the provision is inconsistent with this section.

"(c) A petition for recommitment may be filed at any time during the 548-day period, but not later than 60 days prior to the expiration of the 548-day period. For good cause shown, a petition for recommitment may be filed within the last 60 days of the 548-day period.

"(d) If a petition for recommitment is pending at the expiration of the 548-day period, the period of commitment shall be extended pending resolution of the petition."

Section 4(b) of D.C. Law 15-199 provides that the act shall expire after 225 days of its having taken effect.

Section 2(b) of D.C. Law 16-182 amended this section to read as follows:

"§ 21-589.01. Interim provisions for term of commitment.

"(a) The commitment of a person committed under section 21-545 for an indeterminate period of time shall expire 548 days after December 10, 2004, unless the chief clinical officer of the Department, facility, hospital, or mental health provider has petitioned for recommitment of the person.

"(b) A petition for recommitment under this section shall be subject to the provisions for a petition for renewal of commitment brought under section 21- 545.01, unless the provision is inconsistent with this section.

"(c) A petition for recommitment may be filed at any time during the 548-day period, but not later than 60 days prior to the expiration of the 548-day period. For good cause shown, a petition for recommitment may be filed within the last 60 days of the 548-day period.

"(d) If a petition for recommitment is pending at the expiration of the 548-day period, the period of commitment shall be extended pending resolution of the petition.

"(e) This section shall apply as of July 20, 2005."

Section 4(b) of D.C. Law 16-182 provides that the act shall expire after 225 days of its having taken effect.

Emergency Act Amendments

For temporary (90 day) addition of § 21-589.01, see § 2(gg) of Mental Health Civil Commitment Emergency Act of 2002 (D.C. Act 14-546, December 12, 2002, 50 DCR 199).

For temporary (90 day) addition of § 21-589.01, see § 2(gg) of Mental Health Civil Commitment Congressional Review Emergency Act of 2003 (D.C. Act 15-41, March 24, 2003, 50 DCR 2784).

For temporary (90 day) amendment of section, see § 2(b) of Mental Health Civil Commitment Extension Emergency Act of 2004 (D.C. Act 15-450, June 23, 2004, 51 DCR 6717).

For temporary (90 day) amendment of section, see § 2(b) of Mental Health Civil Commitment Extension Congressional Review Emergency Act of 2004 (D.C. Act 15- 526, August 2, 2004, 51 DCR 9140).

For temporary (90 day) amendment of section, see § 2(b) of Mental Health Civil Commitment Extension Second Congressional Review Emergency Act of 2004 (D.C. Act 15-557, October 26, 2004, 51 DCR 10372).

For temporary (90 day) amendment of section, see § 2(b) of Mental Health Civil Commitment Extension Emergency Act of 2006 (D.C. Act 16-390, June 14, 2006, 53 DCR 4887).

For temporary (90 day) amendment of section, see § 2(b) of Mental Health Civil Commitment Extension Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-478, September 23, 2006, 53 DCR 7936).

Legislative History of Laws

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

Law 15-199, the "Mental Health Civil Commitment Extension Temporary Act of 2004", was introduced in Council and assigned Bill No. 15-856, and was retained by Council. The Bill was adopted on first and second readings on June 1, 2004, and June 29, 2004, respectively. Signed by the Mayor on July 19, 2004, it was assigned Act No. 15-473 and transmitted to both Houses of Congress for its review. D.C. Law 15-199 became effective on December 7, 2004.

Law 16-235, the "Mental Health Civil Commitment Extension Act of 2006", was introduced in Council and assigned Bill No. 16-778, which was referred to Committee on Human Services. The Bill was adopted on first and second readings on November 14, 2006, and December 5, 2006, respectively. Signed by the Mayor on December 28 2006, it was assigned Act No. 16-591 and transmitted to both Houses of Congress for its review. D.C. Law 16-235 became effective on March 8, 2007.

References in Text

Section 21-545.01, referred to in text, is enacted only upon enactment of certain legislation by the United States Congress.