Involuntary Civil Commitment of Persons Who Because of Their Mental Retardation Are Likely to Injure Others Act of 2002
Bill 14-551

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A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

Councilmember Harold Brazil introduced the following bill, which was referred to the Committee on the Judiciary with comments from the Committee on Human Services.

To amend Title 21 to permit the involuntary civil commitment of mentally retarded persons who, because of their mental retardation, are likely to injure others if allowed to remain at liberty.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, that this act the "Involuntary Civil Commitment of Persons Who Because of Their Mental Retardation are Likely to Injure Others Act of 2002".

Sec. 2. Section 21-501 is amended as follows:

(a) By inserting a new paragraphs 6-1 and 6-2 to read as follows:

"(6-1) "Mental retardation" means a significantly subaverage general intellectual level existing concurrently with impairment in adaptive behavior, which originates during the developmental period;

"(6-2) "Mentally retarded person" means a person who suffers from mental retardation, but does not include a person committed to a private or public hospital in the District of Columbia by order of the court in a criminal proceeding;"

(b) Paragraphs 8 and 9 are amended by inserting the phrase "or mental retardation" after the phrase "mental illness" each time it appears.

Sec. 3. Section 21-503 is by inserting the phrase "or mentally retarded" after the phrase "mentally ill" each time it appears.

Sec. 4. Section 21-541 is amended by inserting the phrase "or mentally retarded" after the phrase "mentally ill" each time it appears and by inserting the phrase "or retardation" after the word "illness" each time it appears.

Sec. 5. Section 21-542 is amended by inserting the phrase "or mentally retarded" after the phrase "mentally ill" each time it appears and by striking the comma and inserting the phrase "or, because of the retardation, is likely to injure other persons if allowed to remain at liberty;" after the phrase "because of the illness, is likely to injure himself or other persons if allowed to remain at liberty" each time it appears.

Sec. 6. Section 21-543 is amended by inserting the phrase "or mentally retarded" after the phrase "mentally ill".

Sec. 7. Section 21-544 is amended by inserting the phrase "or mentally retarded" after the phrase "mentally ill" each time it appears, and by striking the comma and inserting the phrase "or, because of the retardation, is likely to injure other persons if allowed to remain at liberty;" after the phrase "because of the illness, is likely to injure himself or other persons if allowed to remain at liberty" each time it appears.

Sec. 8. Subsection 21-545(b) is amended by inserting the phrase "or mentally retarded" after the phrase "mentally ill" each time it appears, and by inserting the phrase "or, because of the retardation, is likely to injure other persons if allowed to remain at liberty;" after the phrase "because of the illness, is likely to injure himself or other persons if allowed to remain at liberty".

Sec. 9. Section 21-546 is amended as follows by striking the comma and inserting the phrase "or is no longer mentally retarded to the extent that he is likely to injure other persons if not hospitalized," after the phrase or is no longer mentally ill to the extent that he is likely to injure other persons if not hospitalized" each time it appears and by inserting the phrase "or mentally retarded" after the phrase "mentally ill".

Sec. 10. A new section 21-552 is inserted to read as follows:

"Section 21-552.

"The provisions of D.C. Official Code sections 7-1303.01 through 7-1305.14 shall not apply to persons for whom involuntary civil commitment is sought or ordered under this subchapter."

Section 11. Fiscal Impact.

The Council adopts the fiscal impact statement in the Committee Report as the fiscal impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official code Section 1-206(c)(3)).

Section 12. Effective Date

This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), and a 30-day period of Congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code Section 1-206.02(c)(1)), and publication in the District of Columbia Register.