Page:United States Statutes at Large Volume 118.djvu/3505

 118 STAT. 3475 PUBLIC LAW 108–450—DEC. 10, 2004 ‘‘(c) The psychiatrists and qualified psychologists who are mem- bers of the Commission shall be competent and compellable wit- nesses 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 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: ‘‘§ 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 Reports. Notification. Certification. Deadlines. VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00009 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4

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