Proceedings for the commitment of a person found incompetent in a criminal case shall be commenced by the filing of a written petition by the District with the Court in a manner and form prescribed by the Court. A copy of the petition shall be served on the person, the person's counsel, and the person's guardian, if any.
(Mar. 3, 1979, D.C. Law 2-137, § 401, 25 DCR 5094; Oct. 17, 2002, D.C. Law 14-199, § 2(i), 49 DCR 7647; Apr. 24, 2007, D.C. Law 16-305, § 26(j), 53 DCR 6198; Sept. 26, 2012, D.C. Law 19-169, § 17(r), 59 DCR 5567; May 5, 2018, D.C. Law 22-93, § 201(c)(17), 65 DCR 2823.)
1981 Ed., § 6-1941.
1973 Ed., § 6-1668.
This section is referenced in § 7-1304.03 and § 24-531.02.
D.C. Law 14-199 added the last sentence.
D.C. Law 16-305 substituted “have mental retardation” for “be mentally retarded”.
The 2012 amendment by D.C. Law 19-169 substituted “an intellectual disability” for “mental retardation” in the second and fourth sentences; and substituted “individual’s advocate for a person with an intellectual disability” for “individual’s mental retardation advocate” in the last sentence.
For temporary (90 day) amendment of section, see § 2(i) of Civil Commitment of Citizens with Mental Retardation Emergency Amendment Act of 2002 (D.C. Act 14-383, June 12, 2002, 49 DCR 5701).
For temporary (90 day) amendment of section, see § 2(i) of Civil Commitment of Citizens with Mental Retardation Legislative Review Emergency Amendment Act of 2002 (D.C. Act 14-454, July 23, 2002, 49 DCR 8096).
Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.
Structure District of Columbia Code
Title 7 - Human Health Care and Safety
Chapter 13 - Citizens with Intellectual Disabilities
Subchapter IV - Hearing and Review Procedures
§ 7–1304.01. Commencement of commitment proceedings; filing of written petition
§ 7–1304.02. Representation by counsel
§ 7–1304.04. Payment for independent comprehensive evaluation and habilitation plan. [Repealed]
§ 7–1304.05. Hearing conducted promptly
§ 7–1304.06. Hearings conducted in informal manner; procedural rights at hearing
§ 7–1304.06a. Hearing and determination by Court or jury
§ 7–1304.07. Standard of proof
§ 7–1304.08. Hearings closed to public; request for open hearing
§ 7–1304.09. Disposition orders by Court. [Repealed]
§ 7–1304.10. Appeal of commitment order
§ 7–1304.11. Periodic review of commitment order
§ 7–1304.12. Payment of costs and expenses
§ 7–1304.13. Advocate for a person with an intellectual disability