Page:United States Statutes at Large Volume 118.djvu/3503

 118 STAT. 3473 PUBLIC LAW 108–450—DEC. 10, 2004 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 Commis- sion 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 Chair- person or alternate Chairperson of the Commission) on such date. SEC. 3. COMMISSION MEMBERS DEEMED COMPETENT AND COMPEL- LABLE 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 men- tally 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 VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00007 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4

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