Harold Brazil
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.