§ 21–547. Judicial determination of petition filed under section 21-546; order; psychiatrists and qualified psychologists as witnesses.

(a) In considering a petition filed under section 21-546, the court shall consider the testimony of the psychiatrists or qualified psychologists who participated in the examination of the committed person, and the reports of the psychiatrists or qualified psychologists accompanying the petition. After considering the testimony and reports, the court shall either:

(1) Reject the petition and order the continued commitment of the person; or

(2) Order the chief clinical officer of the Department or the chief of service for the hospital, facility, or mental health provider to immediately implement the least restrictive treatment or immediately release the committed person from the commitment.

(b) A psychiatrist or qualified psychologist participating in the examination of the committed person shall be a competent and compellable witness at any trial or hearing held pursuant to this chapter.

(Sept. 14, 1965, 79 Stat. 757, Pub. L. 89-183, § 1; Feb. 24, 1984, D.C. Law 5-48, § 11(a)(14), 30 DCR 5778; Apr. 4, 2003, D.C. Law 14-283, § 2(w), 50 DCR 917.)

Prior Codifications

1981 Ed., § 21-547.

1973 Ed., § 21-547.

Effect of Amendments

D.C. Law 14-283 rewrote the section which had read as follows: “§ 21-547. Judicial determination of petition filed under section 21-546; order; physicians and qualified psychologists as witnesses.” “In considering a petition filed under section 21-546, the court shall consider the testimony of the physicians or qualified psychologists who participated in the examination of the patient, and the reports of the physicians or qualified psychologists accompanying the petition. After considering the testimony and reports, the court shall either (1) reject the petition and order the continued hospitalization of the patient, or (2) order the chief of service to immediately release the patient. A physician or qualified psychologist participating in the examination shall be a competent and compellable witness at any trial or hearing held pursuant to this chapter.”

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(v) 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(v) 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(w) 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(w) 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(v) of D.C. Law 14-131 amended this section to read as follows:

“(a) In considering a petition filed under section 21-546, the court shall consider the testimony of the psychiatrists or qualified psychologists who participated in the examination of the committed person, and the reports of the psychiatrists or qualified psychologists accompanying the petition. After considering the testimony and reports, the court shall either:

“(1) Reject the petition and order the continued commitment of the person; or

“(2) Order the chief clinical officer of the Department or the chief of service for the hospital, facility, or mental health provider to immediately implement the least restrictive treatment or immediately release the committed person from the commitment.

“(b) A psychiatrist or qualified psychologist participating in the examination of the committed person shall be a competent and compellable witness at any trial or hearing held pursuant to this chapter.”

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