§ 21–542. Hearing by Commission; presence and rights of person affected; hearing regarding liability.

(a) The Commission shall promptly examine a person alleged to be mentally ill after the filing of a petition under section 21-541 and shall thereafter promptly hold a hearing on the issue of his mental illness. The hearing shall be conducted in a manner consistent with orderly procedure and in a physical setting not likely to have a harmful effect on the mental health of the person named in such petition. In conducting the hearing, the Commission shall hear testimony of any person whose testimony may be relevant and shall receive all relevant evidence which may be offered. A person with respect to whom a hearing is held under this section may, in his discretion, be present at the hearing, to testify, and to present and cross-examine witnesses.

(b) The Commission shall also hold a hearing in order to determine liability under the provisions of section 21-586 for the expenses of commitment of the alleged mentally ill person, if it is determined that he is mentally ill and should be committed as provided under this chapter. The hearing may be conducted separately from the hearing on the issue of mental illness. If conducted separately, it may be conducted by the Chairman of the Commission alone.

(Sept. 14, 1965, 79 Stat. 755, Pub. L. 89-183, § 1; Apr. 4, 2003, D.C. Law 14-283, § 2(q), 50 DCR 917.)

Prior Codifications

1981 Ed., § 21-542.

1973 Ed., § 21-542.

Section References

This section is referenced in § 21-526, § 21-544, § 21-545.01, and § 24-531.07.

Effect of Amendments

D.C. Law 14-283, in subsec. (a), substituted “a manner” for “as informal a manner as may be”; and in subsec. (b), substituted “commitment” for “hospitalization” and substituted “committed” for “hospitalized”.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(p) of Mental Health Commitment Emergency Amendment Act of 2002 (D.C. Act 14-265, January 30, 2002, 49 DCR 1450).

For temporary (90 day) amendment of section, see § 2(p) of Mental Health Commitment Congressional Review Emergency Act of 2002 (D.C. Act 14-350, April 24, 2002, 49 DCR 4417).

For temporary (90 day) amendment of section, see § 2(q) of Mental Health Civil Commitment Emergency Act of 2002 (D.C. Act 14-546, December 12, 2002, 50 DCR 199).

For temporary (90 day) amendment of section, see § 2(q) of Mental Health Civil Commitment Congressional Review Emergency Act of 2003 (D.C. Act 15-41, March 24, 2003, 50 DCR 2784).

Temporary Legislation

Section 2(p) of D.C. Law 14-131, in subsec. (b), in the first sentence, substituted “commitment” for “hospitalization”, and “committed” for “hospitalized”.

Section 5(b) of D.C. Law 14-131 provided that the act shall expire after 225 days of its having taken effect.