[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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