[Congressional Record Volume 150, Number 125 (Wednesday, October 6, 2004)]
[House]
[Pages H8257-H8259]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 DISTRICT OF COLUMBIA MENTAL HEALTH CIVIL COMMITMENT MODERNIZATION ACT 
                                OF 2004

  Mr. TOM DAVIS of Virginia. Mr. Speaker, I move to suspend the rules 
and pass the bill (H.R. 4302) to amend title 21, District of Columbia 
Official Code, to enact the provisions of the Mental Health Civil 
Commitment Act of 2002 which affect the Commission on Mental Health and 
require action by Congress in order to take effect, as amended.
  The Clerk read as follows:

                               H.R. 4302

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``District of Columbia Mental 
     Health Civil Commitment Modernization Act of 2004''.

     SEC. 2. COMPOSITION, APPOINTMENT, AND ORGANIZATION OF 
                   COMMISSION ON MENTAL HEALTH.

       (a) In General.--Section 21-502, District of Columbia 
     Official Code, is amended to read as follows:

     ``Sec. 21-502. Commission on Mental Health; composition; 
       appointment and terms of members; organization; 
       chairperson; salaries

       ``(a) The Commission on Mental Health is continued. The 
     Chief Judge of the Superior Court of the District of Columbia 
     shall appoint the members of the Commission, and the 
     Commission shall be composed of 9 members and an alternate 
     chairperson. One member shall be a magistrate judge of the 
     Court appointed pursuant to title 11, District of Columbia 
     Official Code, who shall be a member of the bar of the Court 
     and has engaged in active practice of law in the District of 
     Columbia for a period of at least 5 years prior to his or her 
     appointment. The magistrate judge shall be the Chairperson of 
     the Commission and act as the administrative head of the 
     Commission. The Chairperson shall preside at all hearings and 
     direct all of the proceedings before the Commission. Eight 
     members of the Commission shall be psychiatrists or qualified 
     psychologists, as those terms are defined in section 21-501, 
     who have not had less than 5 years of experience in the 
     diagnosis and treatment of mental illness.
       ``(b)(1) Appointment of members of the Commission shall be 
     for terms of 4 years.
       ``(2) The initial appointment of a psychiatrist or a 
     qualified psychologist shall be for a probationary period of 
     one year. After the initial one-year probationary 
     appointment, subsequent appointments of the psychiatrist or 
     qualified psychologist shall be for terms of 4 years.
       ``(c) The psychiatrist or qualified psychologist members of 
     the Commission shall serve on a part-time basis and shall be 
     rotated by assignment of the Chief Judge of the Court, so 
     that at any one time the Commission shall consist of the 
     Chairperson and 2 members, each of whom is either a 
     psychiatrist or a qualified psychologist. Members of the 
     Commission who are psychiatrists or qualified psychologists 
     may practice their professions during their tenures of 
     office, but may not participate in the disposition of a case 
     of a person in which they have rendered professional service 
     or advice.
       ``(d) The Chief Judge of the Court shall appoint a 
     magistrate judge of the Court to serve as an alternate 
     Chairperson of the Commission. The alternate Chairperson 
     shall serve on a part time basis and act as Chairperson in 
     the absence of the permanent Chairperson.
       ``(e) The rate of compensation for the members of the 
     Commission who are psychiatrists or qualified psychologists 
     shall be fixed by the Executive Officer of the Court.''.
       (b) Clerical Amendment.--The item relating to section 21-
     502 in the table of sections for subchapter I of chapter 5 of 
     title 21, District of Columbia Official Code, is amended to 
     read as follows:

``21-502. Commission on Mental Health; composition; appointment and 
              terms of members; organization; chairperson; salaries.''.

       (c) Effective Date; Transition for Current Members.--The 
     amendments made by this section shall take effect on the date 
     of the enactment of this Act, except nothing in this section 
     or the amendments made by this section may be construed to 
     affect the appointment or term of service of any individual 
     who serves as a member or alternate member of the Commission 
     on Mental Health (including an individual who serves as the 
     Chairperson or alternate Chairperson of the Commission) on 
     such date.

     SEC. 3. COMMISSION MEMBERS DEEMED COMPETENT AND COMPELLABLE 
                   WITNESSES AT MENTAL HEALTH PROCEEDINGS.

       Section 21-503(b), District of Columbia Official Code, is 
     amended by striking ``The Commission, or any of the members 
     thereof,'' and inserting ``Commission members who are 
     psychiatrists or qualified psychologists''.

     SEC. 4. DETENTION FOR EMERGENCY OBSERVATION AND DIAGNOSIS.

       Section 21-526, District of Columbia Official Code, is 
     amended by adding at the end the following new subsections:
       ``(c) The maximum period of time for detention for 
     emergency observation and diagnosis may be extended for up to 
     21 days, if judicial proceedings under subchapter IV of this 
     chapter have been commenced before the expiration of the 
     order entered under section 21-524 and a psychiatrist or 
     qualified psychologist has examined the person who is the 
     subject of the judicial proceedings and is of the opinion 
     that the person being detained remains mentally ill and is 
     likely to injure himself or others as a result of the illness 
     unless the emergency detention is continued. For good cause 
     shown, the Court may extend the period of detention for 
     emergency observation and diagnosis. The period of detention 
     for emergency observation and diagnosis may be extended 
     pursuant to section 21-543(b) or following a hearing before 
     the Commission pursuant to subsections (d) and (e) of this 
     section.
       ``(d) If the Commission, at the conclusion of its hearing 
     pursuant to section 21-542, has found that the person with 
     respect to whom the hearing was held is mentally ill and, 
     because of the mental illness, is likely to injure himself or 
     others if not committed, and has concluded that a 
     recommendation of inpatient commitment is the least 
     restrictive alternative available to prevent the person from 
     injuring himself or others, the detention for emergency 
     observation and diagnosis may be continued by the Department 
     or hospital--
       ``(1) pending the conclusion of judicial proceedings under 
     subchapter IV of this chapter;
       ``(2) until the Court enters an order discharging the 
     person; or
       ``(3) until the Department or hospital determines that 
     continued hospitalization is no longer the least restrictive 
     form of treatment appropriate for the person being detained.
       ``(e) If the Commission, at the conclusion of its hearing, 
     finds that the person is mentally ill, is likely to injure 
     himself or other persons as a result of mental illness if not 
     committed, and that outpatient treatment is the least 
     restrictive form of commitment appropriate, then, within 14 
     days of the date of the hearing, the person shall be 
     discharged from inpatient status and shall receive outpatient 
     mental health services or mental health supports as an 
     emergency nonvoluntary patient consistent with this 
     subchapter, pending the conclusion of judicial proceedings 
     under subchapter IV of this chapter.''.

     SEC. 5. REPRESENTATION BY COUNSEL OF PERSONS ALLEGED TO BE 
                   MENTALLY ILL.

       Section 21-543, District of Columbia Official Code, is 
     amended--
       (1) in subsection (a) (as redesignated by section 2(r)(1) 
     of the Mental Health Civil Commitment Act of 2002), by 
     striking the last sentence; and
       (2) by adding at the end the following new subsection:
       ``(b) The Commission may not grant a continuance for 
     counsel to prepare his case for more than 5 days. The 
     Commission may grant continuances for good cause shown for 
     periods of up to 14 days. If the Commission grants a 
     continuance, the emergency observation and detention of the 
     person about whom the hearing is being held shall be extended 
     for the duration of the continuance.''.

     SEC. 6. HEARING AND DETERMINATION ON QUESTION OF MENTAL 
                   ILLNESS.

       (a) In General.--Section 21-545, District of Columbia 
     Official Code, is amended--
       (1) in subsection (a), by striking ``jury trial'' each 
     place it appears and inserting ``jury trial or a trial by the 
     Court'';
       (2) by amending subsection (b) to read as follows:
       ``(b)(1) If the Court or jury finds that the person is not 
     mentally ill or is not likely to injure himself or others as 
     a result of mental illness, the Court shall dismiss the 
     petition and order the person's release.
       ``(2) If the Court or jury finds that the person is 
     mentally ill and, because of that mental illness, is likely 
     to injure himself or others if not committed, the Court may 
     order the person's commitment to the Department or to any 
     other facility, hospital, or mental health provider that the 
     Court believes is the least restrictive alternative 
     consistent with the best interests of the person and the 
     public. An order of commitment issued pursuant to this 
     paragraph shall be for a period of one year.''; and
       (3) by adding at the end the following new subsections:
       ``(c) The psychiatrists and qualified psychologists who are 
     members of the Commission shall be competent and compellable 
     witnesses at a hearing or trial held pursuant to this 
     chapter.
       ``(d) The jury to be used in any case where a jury trial is 
     demanded under this chapter shall be impaneled, upon order of 
     the Court, from the jurors in attendance upon other branches 
     of the Court, who shall perform the services in addition to 
     and as part of their duties in the Court.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply with respect

[[Page H8258]]

     to trials under section 21-545, District of Columbia Code, 
     which are initiated on or after the date of the enactment of 
     this Act.

     SEC. 7. RENEWAL OF COMMITMENT STATUS BY COMMISSION.

       (a) In General.--Subchapter IV of chapter 5 of title 21, 
     District of Columbia Official Code, is amended by inserting 
     after section 21-545 the following new section:

     ``Sec. 21-545.01. Renewal of commitment status by commission; 
       review by Court

       ``(a) At least 60 days prior to the expiration of an order 
     of commitment issued pursuant to section 21-545 or this 
     section, the chief clinical officer of the Department, or the 
     chief of service of the facility, hospital, or mental health 
     provider to which the person is committed may petition the 
     Commission for a renewal of the order of commitment for that 
     person. For good cause shown, a petition of commitment may be 
     filed within the last 60 days of the one-year period of 
     commitment. The petition for renewal of commitment shall be 
     supported by a certificate of a psychiatrist 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. The term of the renewed commitment order 
     shall not exceed one year.
       ``(b) Within 3 days of the filing of a petition under 
     subsection (a) of this section, the Commission shall send a 
     copy of the petition and supporting certificate by registered 
     mail to the person with respect to whom the petition was 
     filed and by regular mail to the person's attorney.
       ``(c) The Commission shall promptly examine a person for 
     whom a petition is filed under subsection (a) of this 
     section, and, in accordance with the procedures described in 
     sections 21-542 and 21-543, shall thereafter promptly hold a 
     hearing on the issue of the person's mental illness and 
     whether, as a result of a mental illness, the person is 
     likely to injure himself or other persons if not committed.
       ``(d) If the Commission finds, after a hearing under 
     subsection (c) of this section, that the person with respect 
     to whom the hearing was held is no longer mentally ill, or is 
     not mentally ill to the extent that the person is likely to 
     injure himself or other persons if not committed, the 
     Commission shall immediately order the termination of the 
     commitment and notify the Court of that fact in writing.
       ``(e) If the Commission finds, after a hearing under 
     subsection (c) of this section, that the person with respect 
     to whom the hearing was held remains mentally ill to the 
     extent that the person is likely to injure himself or others 
     if not committed, the Commission shall order the renewal of 
     the commitment of the person for an additional term not to 
     exceed one year and shall promptly report that fact, in 
     writing, to the Court. The report shall contain the 
     Commission's findings of fact and conclusions of law. A copy 
     of the report shall be served by registered mail on the 
     person with respect to whom the hearing was held and by mail 
     on the person's attorney.
       ``(f) If a petition for a renewal of an order of commitment 
     is pending at the expiration of the commitment period ordered 
     under section 21-545 or this section, the Court may, for good 
     cause shown, extend the period of commitment pending 
     resolution of the renewal petition.
       ``(g) Within the last 30 days of the period of commitment, 
     the chief clinical officer of the Department, or the chief of 
     service of the facility, hospital, or mental health provider 
     to which a person is committed, shall notify the Court which 
     ordered the person's commitment pursuant to section 21-545 or 
     this section of the decision not to seek renewal of 
     commitment. Notice to the Court shall be in writing and a 
     copy of the notice shall be mailed to the person who was 
     committed and the person's attorney.
       ``(h)(1) A person for whom the Commission orders renewed 
     commitment pursuant to subsection (e) of this section may 
     seek a review of the Commission's order by the Superior Court 
     of the District of Columbia, and the Commission, orally and 
     in writing, shall advise the person of this right.
       ``(2) A review of the Commission's order of renewed 
     commitment, in whole or in part, may be made by a judge of 
     the appropriate division sua sponte and shall be made upon a 
     motion of one of the parties made pursuant to procedures 
     established by rules of the Court. The reviewing judge shall 
     conduct such proceedings as required by the rules of the 
     Court.
       ``(3) An appeal to the District of Columbia Court of 
     Appeals may be made only after a judge of the Court has 
     reviewed the Commission's order of renewed commitment.''.
       (b) Clerical Amendment.--The table of sections of 
     subchapter IV of chapter 5 of title 21, District of Columbia 
     Official Code, is amended by inserting after the item 
     relating to section 21-545 the following:

``21-545.01. Renewal of commitment status by Commission; review by 
              Court.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Virginia (Mr. Tom Davis) and the gentleman from Illinois (Mr. Davis) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Virginia (Mr. Tom Davis).


                             General Leave

  Mr. TOM DAVIS of Virginia. Mr. Speaker, I ask unanimous consent that 
all Members may have 5 legislative days within which to revise and 
extend their remarks and include extraneous material on the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Virginia?
  There was no objection.
  Mr. TOM DAVIS of Virginia. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, I rise in strong support of H.R. 4302, the District of 
Columbia Civil Commitment Modernization Act of 2004.
  I introduced this legislation, along with the gentlewoman from the 
District of Columbia (Ms. Norton), in order to amend the authorities of 
the D.C. Commission on Mental Health. The Commission is a branch of the 
D.C. Superior Court that presides over civil commitment hearings and 
makes recommendations to the court.
  Mr. Speaker, this legislation is important because the current mental 
health care system in the District is outdated, and these improvements 
are imperative and long overdue. First, H.R. 4302 will limit the 
duration of civil commitment to one year from indeterminate. The bill 
includes provisions that will create a streamlined procedure for civil 
recommitment, permit the commission to determine the least restrictive 
setting for the patient's care and permit qualified psychologists to 
join the panel of doctors who preside over commitment hearings. In 
addition, these changes will enable private hospitals to provide 
emergency in-patient psychiatric treatment, relieving a significant 
financial burden from the District of Columbia.
  H.R. 4302 is based on the D.C. Mental Health Civil Commitment Act of 
2002 which passed the D.C. Council last year. Today's legislation is 
necessary, because the D.C. Home Rule Act requires congressional 
approval of measures that affect the D.C. Superior Court.
  Mr. Speaker, I urge Members to join with the gentlewoman from the 
District of Columbia and myself to help the District modernize its 
mental health care practices and end the era of Federal court cases 
against the city.
  Mr. Speaker, I reserve the balance of my time.
  Mr. DAVIS of Illinois. Mr. Speaker, I ask unanimous consent that the 
gentlewoman from the District of Columbia (Ms. Norton) manage the time 
on our side for this bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Illinois?
  There was no objection.
  Ms. NORTON. Mr. Speaker, I thank the gentleman from Illinois for 
yielding me this time to manage the bill, and I especially thank my 
good friend, the gentleman from Virginia (Mr. Davis), the chairman of 
the Committee on Government Reform, for introducing this bill with me.
  Mr. Speaker, I yield myself such time as I may consume.
  The District of Columbia Mental Health Civil Commitment Modernization 
Act would significantly help modernize the way mental health services 
in the District of Columbia are delivered. Under the Home Rule Charter, 
these changes require affirmative action by the Congress.
  The amendments are intended to reinvigorate the rights of people with 
mental illness in the District of Columbia and encourage community-
based treatment alternatives to costly and restrictive hospital 
confinement. The amendments are designed to ensure that people with 
mental illness are treated in the least restrictive setting, consistent 
with the individual's needs and public safety. The amendments also are 
designed to promote the use of private or community hospitals by people 
who are in need of acute psychiatric care, thus reducing the burden on 
Saint Elizabeth's Hospital.
  Mr. Speaker, H.R. 4302 would adopt verbatim the changes to the 
Commission on Mental Health proposed in the District's law. In passing 
this bill, the Congress will play an important role in aiding the 
District to reform its mental health services and to treat its mental 
health patients with dignity and respect.
  Last year, the District government approved sweeping changes to its 
40-year old civil commitment statute, commonly referred to as the

[[Page H8259]]

``Ervin Act'' after its principal author, Sam Ervin. Some provisions 
required no more than the 30-day congressional review period, while 
others required affirmative congressional approval. The amendments were 
intended to reinvigorate the rights of people with mental illness and 
encourage community-based treatment alternatives to costly and 
restrictive hospital confinement. The amendments are designed to ensure 
that people with mental illness are treated in the least restrictive 
setting consistent with the individual's needs and public safety. The 
amendments also are designed to promote the use of private or community 
hospitals by people who are in need of acute psychiatric care, thus 
reducing the burden on St. Elizabeth's Hospital, and increasing the 
amount of acute care that can be paid for by Medicaid instead of local 
tax dollars.
  Among its significant improvements, the District's new law sets a 
limit on the length of commitment and limits how long a person can be 
confined to a hospital while waiting for a hearing. Specifically, this 
bill: (1) changes the duration of civil commitment from an 
indeterminate period to a year period; (2) permits the Commission on 
Mental Health to determine the least restrictive setting for a 
patient's care; (3) sets new limits on the postponement of the 
Commission's hearing; and (4) permits qualified psychologists to join 
the panel of doctors who preside over hearings on a rotating basis.
  H.R. 4302 would adopt verbatim the changes to the Commission on 
Mental Health proposed in the District's law. In passing this bill, the 
Congress will play an important role in aiding the District to reform 
its mental health services and to treat its mental health patients with 
the dignity and respect.
  Mr. Speaker, I yield back the balance of my time.
  Mr. TOM DAVIS of Virginia. Mr. Speaker, I have no other speakers, 
urge adoption of the bill, and yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Virginia (Mr. Tom Davis) that the House suspend the 
rules and pass the bill, H.R. 4302, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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