Rule 10 Commitment of prisoners to mental institutions
Rule Text
(a) Petition. In the case of a prisoner under sentence who is believed to have become mentally ill and whose transfer to St. Elizabeths Hospital is sought under D.C. Code § 502 (2001 Supp.), the proceeding shall be initiated by the filing by the Office of the Attorney General of a petition signed by the Director, D.C. Department of Corrections. The petition shall state the prisoner's name and his or her present place of confinement. It shall set forth the case number and date and duration of sentence. It shall also state the earliest date on which he or she is entitled to be released, and may state the date on which he or she is eligible for parole and any other matters thought relevant. The petition shall state that the prisoner has been examined by a psychiatrist or qualified psychologist and that in the opinion of the examining psychiatrist or qualified psychologist the prisoner is mentally ill and, because of his or her illness, is likely to injure him or herself or cause a substantial disruption of prison routine.
(b) Certificate. The petition shall be accompanied by a certificate of the examining psychiatrist or qualified psychologist stating that he or she has examined the prisoner and giving the date or dates of the examination. The certificate shall state that in the opinion of the examining psychiatrist or qualified psychologist the prisoner is mentally ill and, because of such illness, is likely to injure him or herself or cause a substantial disruption of prison routine. It shall also set forth the diagnosis of the prisoner and shall summarize the medical, psychiatric, social or other evidence upon which the examining psychiatrist's or qualified psychologist’s findings of mental illness and dangerousness or disruptiveness are based.
(c) Date of hearing. Upon the filing of the petition and certificate, or as soon as practicable thereafter the Court shall set a hearing date.
(d) Appointment of counsel. Unless it appears affirmatively from the petition or elsewhere that the prisoner has counsel presently acting on his or her behalf, the order shall also appoint counsel to represent him or her at all Court proceedings.
(e) Notice of petition and hearing. The Mental Health and Mental Retardation Branch shall mail to the prisoner and his or her attorney copies of the petition, the certificate and the order of the Court.
(f) Court hearing on the petition. A hearing on a petition for transfer of a prisoner may include consideration of the following:
(1) Defenses or objections raised in accordance with the procedure set forth in Rule 4 of these Rules, including but not limited to challenges to the procedural sufficiency of the doctor’s examination and report;
(2) Determination of the prisoner's mental condition on the basis of the petition and certificate of the psychiatrist or qualified psychologist, and entry of an order transferring the prisoner to St. Elizabeths Hospital, if counsel for the prisoner has not requested a court or jury trial;
(3) On request of counsel or on its own initiative, the Court may order further evidence to be presented, and may hear the case forthwith if the parties are prepared, or may set a date for a court or jury trial, if requested, on the issues of mental illness and dangerousness or disruptiveness;
(g) Court or jury trial. A court or jury trial on the issues of prisoner's mental illness and dangerousness or disruptiveness shall be conducted in accordance with Rule 5 of these Rules, except that the verdict or findings shall state (1) whether the prisoner is mentally ill, and (2) if so, whether because of his or her illness he is likely to injure him or herself, or cause a substantial disruption of prison routine.
(h) Disposition order. If a prisoner is found by the court or jury not to be mentally ill, or to be mentally ill but not likely to injure him or herself or to cause a substantial disruption of prison routine, he or she shall be returned to the correctional institution. If a prisoner waives trial and consents to hospitalization, or if he or she is found by a court or jury to be mentally ill and because of such illness, likely to injure him or herself or to cause a substantial disruption of prison routine, the Court shall order the prisoner transferred to St. Elizabeths Hospital to receive treatment for his or her illness. If the prisoner recovers prior to the expiration of his or her term, the prisoner shall be returned to the custody of the Department of Corrections and the Mental Health and Mental Retardation Branch shall be furnished a copy of the certification by the administrator of the Hospital. Confinement pursuant to the order shall not exceed the duration of the prisoner's sentence unless proceedings to commit him pursuant to D.C. Code § 21-501 et seq. (2004 Supp.) are initiated.
(i) Notification of right to appeal. After entry of an order transferring a mentally ill prisoner to St. Elizabeths Hospital in a case that has gone to trial, the Court shall advise the prisoner of his or her right to appeal within 30 days in accordance with the Rules of the D.C. Court of Appeals.
(j) Emergency transfer before hearing. Nothing in these Rules shall prevent the transfer by the Director of the Department of Corrections of a prisoner to St. Elizabeths Hospital prior to hearing if, in addition to the matters set forth in subsection (b) of this Rule, the psychiatrist or qualified psychologist also certifies that the prisoner is in immediate need of treatment, and provided the petition and certificate for his or her transfer are filed not more than 48 hours after the transfer of the prisoner. In such cases the hearing order provided for in subsection (c) of this Rule shall set a hearing date not more than seven days thereafter.