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Current through October 23, 2012
(a) Any decision of the Court ordering commitment of a person with an intellectual disability to a facility pursuant to § 7-1304.09 shall be reviewed in a Court hearing annually. The individual with an intellectual disability shall be discharged unless there is a finding of the following:
(1) The Court determines that the individual with an intellectual disability has benefited from the habilitation;
(2) The facility pursuant to § 7-1304.09, its sponsoring agency, or the Department on Disability Services demonstrates that continued residential habilitation is necessary for the habilitation program;
(3) The person with an intellectual disability is a resident of the District of Columbia; and
(4) The person meets the requirements for commitment in §§ 7-1303.04(b) and 7-1303.06(a).
(a-1) Any decision of the Court ordering commitment of an individual found incompetent in a criminal case to DDS pursuant to § 7-1304.06a shall be reviewed in a court hearing annually. The individual shall not be discharged if the Court finds that the individual is likely to cause injury to others as a result of his or her intellectual disability if allowed to regain his or her liberty.
(b) If an individual with an intellectual disability is discharged in accordance with the provisions of subsection (a) or subsection (a-1) of this section but continues to evidence the need for habilitation and care, it shall be the responsibility of the Department on Disability Services to arrange for suitable services for the person.
(Mar. 3, 1979, D.C. Law 2-137, § 411, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52, § 506(l), 42 DCR 3684; Apr. 9, 1997, D.C. Law 11-255, § 14(b), 44 DCR 1271; Oct. 17, 2002, D.C. Law 14-199, § 2(o), 49 DCR 7647; Mar. 14, 2007, D.C. Law 16-264, § 301(j), 54 DCR 818; Apr. 24, 2007, D.C. Law 16- 305, § 26(n), 53 DCR 6198; Sept. 26, 2012, D.C. Law 19-169, § 17(aa), 59 DCR 5567.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-1951.
1973 Ed., § 6-1678.
Effect of Amendments
D.C. Law 14-199, in subsec. (a), substituted "facility pursuant to § 7-1304.09" for "facility"; added subsec. (a-1); and in subsec. (b), substituted "subsection (a) or subsection (a-1) of this section" for "subsection (a)(1) of this section".
D.C. Law 16-264, in subsecs. (a) and (b), substituted "Department on Disability Services" for "Department of Human Services"; and, in subsec. (a-1), substituted "DDS" for "MRDDA".
D.C. Law 16-305, in subsec. (a), substituted "person with mental retardation" for "mentally retarded person"; and throughout the rest of the section, substituted "individual with mental retardation" for "mentally retarded individual".
D.C. Law 19-169 substituted "with mental retardation" for "with an intellectual disability" ; and, in subsec. (a-1), substituted "his or her intellectual disability" for "his or her mental retardation".
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 505(l) of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652).
For temporary (225 day) amendment of section, see § 4(d) of Human Services Spending Reduction Temporary Amendment Act of 1995 (D.C. Law 11-29, July 25, 1995, law notification 42 DCR 4002).
Emergency Act Amendments
For temporary amendment of section, see § 505(l) of the Multiyear Budget Spending Reduction and Support Emergency Act of 1994 (D.C. Act 10-389, December 29, 1994, 42 DCR 197).
For temporary amendment of section, see § 4(d) of the Human Services Spending Reduction Emergency Amendment Act of 1995 (D.C. Act 11-35, April 11, 1995, 42 DCR 1834) and § 4(d) of the Human Services Spending Reduction Congressional Recess Emergency Amendment Act of 1995 (D.C. Act 11-104, July 21, 1995, 42 DCR 4014).
For temporary amendment of section, see § 402(b) of the Omnibus Budget Support Emergency Act of 1995 (D.C. Act 11-44, April 28, 1995, 42 DCR 2217) and § 506(l) of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160).
For temporary (90 day) amendment of section, see § 2(o) of Civil Commitment of Citizens with Mental Retardation Emergency Amendment Act of 2002 (D.C. Act 14- 383, June 12, 2002, 49 DCR 5701).
For temporary (90 day) amendment of section, see § 2(o) of Civil Commitment of Citizens with Mental Retardation Legislative Review Emergency Amendment Act of 2002 (D.C. Act 14-454, July 23, 2002, 49 DCR 8096).
For temporary (90 day) amendment of section, see § 301(j) of Developmental Disabilities Services Management Reform Emergency Amendment Act of 2006 (D.C. Act 16-672, December 28, 2006, 54 DCR 1155).
Legislative History of Laws
For legislative history of D.C. Law 2-137, see Historical and Statutory Notes following § 7-1301.02.
For legislative history of D.C. Law 11-52, see Historical and Statutory Notes following § 7-1301.02.
For legislative history of D.C. Law 11-255, see Historical and Statutory Notes following § 7-1303.09.
For Law 14-199, see notes following § 7-1301.03.
For Law 16-264, see notes following § 7-1301.03.
For Law 16-305, see notes following § 7-531.01.
For history of Law 19-169, see notes under § 7-761.02.
