Page:United States Statutes at Large Volume 52.djvu/669

 PUBLIC LAWS-CH. 326-JUNE 8, 1938 Service of notice on person alleged to be insane, and others. Recommendations; agreement by mem- bers of Commission. Court proceeding in event of disagreement. Jury trial if de- manded. Findings and rec- ommendations to be filed with the court. Person of sound mind. Further study be- fore diagnosis. Incapacity of prob- able short duration; temporary detention, etc. 33 Stat. 316. Of unsound mind and should be com- mitted to Saint Eliza- beths Hospital, etc. Payment of expense. Harmless and may be committed to care of relatives, etc. Procedure if hearing or jury trial de- manded. SEC. 5. Notice of the filing of any petition hereinbefore provided shall be served personally upon the person alleged to be insane, at least three days (exclusive of Sundays and legal holidays) before the time set for hearing by the Commission as provided in section 4 of this Act. If the petition be made by a person other than the wife, husband, father, mother, or other nearest relative, such notice shall also be served upon either such wife, husband, father, mother, or other nearest relative of said alleged insane person, if there be any such relative known to be within the District of Columbia; if not, upon the person with whom such alleged insane person may reside, or at whose home he may be or in their absence upon a friend of such alleged insane person; and if there be no such person or persons such service shall be dispensed with. SEC. 6. Recommendations of the Commission must be the unani- mous recommendation of the three members acting upon any case. If the three members of the Commission be unable to agree upon the recommendation to be made in any case, they shall immediately file with the court a report setting forth the fact that they are unable to agree on the case, and in that event the court shall hear and determine the case, unless the alleged insane person, or someone in his behalf, shall demand a jury trial, in which event the case shall be heard and determined by the court and a jury. If the Commission shall agree upon a recommendation, it shall file with the court a report setting forth its findings of fact and conclusions of law and its recommendation based thereon which recommendation shall be in one of the following forms: (1) That the person is of sound mind and should be discharged forthwith and the petition dismissed. (2) That the mental condition of the alleged insane person is such that definite diagnosis cannot be made without further study, or that the mental incapacity of said person will probably be of short duration, and that said person should be temporarily com- mitted to Gallinger Municipal Hospital or any other hospital in the District of Columbia, as provided in the Act approved April 27, 1904, for observation or treatment for a period of not more than thirty days, during which said period the Commission shall examine the said person and make a recommendation as to the final disposition of the case. (3) That the person is of unsound mind and (a) should be com- mitted to Saint Elizabeths Hospital, or any other hospital pro- vided by section 4 of the Act approved April 27, 1904, (1) at public expense, or (2) at the expense of those persons who are required by law, or who will agree to pay for the maintenance and treatment of said insane person, or (3) that the relatives of the said insane person, mentioned in section 11 of this Act are able to pay a specified sum per month toward the support and maintenance of said insane person; (b) is harmless and may safely be committed to the care of his relatives or friends (naming them) who are willing to accept custody, care, and maintenance of said insane person under con- ditions specified by the Commission. SEC. 7. Upon the receipt of the report and recommendation of the Commission, a copy of which shall be served personally upon the alleged insane person, his guardian ad litem or his attorney, if he have one, together with notice that he has ten days within which to demand a jury trial, a demand for hearing by the court or a demand for jury trial for the purpose of determining the sanity or insanity of the alleged insane person may be made by the said alleged insane person or by anyone in his behalf, or a jury trial may be ordered by the court upon its own motion. If demand be 628 [52 STAT.

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