Rule 3 Proceedings before the Commission on Mental Health
Rule Text
(a) Hearing by the Commission. (1) Persons admitted to hearings. The general public shall be excluded from proceedings before the Commission. Those persons having an interest in the work of the Commission, or in a particular case, may upon application be admitted to a Commission hearing provided that: a) respondent consents, and b) the applicant agrees to refrain from divulging information that would identify the respondent or the respondent’s family members or any other persons involved in the proceedings without the respondent’s prior consent. An applicant for permission to attend a hearing or hearings shall state in writing his or her name, address and telephone number, business or professional affiliation and reason for wishing to attend. Authorized representatives of the news media are presumed to have an interest in the work of the Commission.
(2) Hearing procedure. Hearings before the Commission shall be recorded.
(A) The Chairperson of the Commission shall explain the purpose of the hearing to the respondent and introduce the members of the Commission.
(B) Counsel for the petitioner and the respondent shall have a right to make opening and closing statements to the Commission.
(C) The Commission shall receive all relevant evidence as provided for in D.C. Code § 21-542 (2004 Supp.) and shall consider dispositional alternatives less restrictive than inpatient treatment.
(D) Upon request of counsel, or on its own initiative, the Commission may impose the Rule on witnesses. The Commission may excuse a respondent from attendance at the Commission hearing. A respondent may not be excluded from the hearing over his or her objection, unless that respondent has conducted him or herself in a manner so disorderly and disruptive of the proceedings that the hearing cannot be carried on in his or her presence.
(E) At the conclusion of the testimony and argument the Commission shall determine by majority vote whether the respondent is mentally ill, and if so, whether because of the illness is likely to injure him or herself or other persons if not committed. The Commission may, in its discretion, continue the hearing or orally announce the decision to the respondent and his or her attorney immediately after the hearing.
(F) Whenever the Commission determines that the respondent should be committed, the Commission shall immediately notify the respondent and his or her counsel of its determination and of the respondent’s right to a jury trial pursuant to D.C. Code § 21-544 (2004 Supp.) in an original commitment proceeding, and of his or her right to a review pursuant to D.C. Code § 21-545.01(h)(1) (2004 Supp.) in a renewal of commitment proceeding. A copy of the transcript shall be furnished to respondent's counsel upon request. Counsel for indigent patients shall be furnished a transcript without charge.
(G) Whenever the Commission determines that the respondent should not be committed, the Commission shall order the immediate release of the person and notify the Family Court in writing of its determination.
(b) Report by the Commission. (1) Time for filing. Within five days of a Commission hearing, the Commission shall file with the Family Court all reports required pursuant to D.C. Code § 21-544 (2004 Supp.). Within five days of a Commission hearing held pursuant to D.C. Code § 21-545.01(c) (2004 Supp.), the Commission shall file with the Family Court a written order and report required pursuant to D.C. Code § 21-545.01(d) and (e) (2004 Supp.).
(2) Contents of report. When the Commission determines that a respondent should be committed, the Commission's report shall contain:
(A) Findings of fact;
(B) Conclusions of law;
(C) Recommendations for disposition; and
(D) The name of any member of the Commission who has dissented from the conclusion. Findings of fact shall be based on the record and the examination by the Commission doctors. Findings shall describe the kind and degree of mental illness found, the nature of the injury threatened, and the likelihood of the occurrence of the threatened injury, and shall summarize the evidence upon which the findings are based. The report shall specifically set forth what less restrictive alternatives to hospitalization the Commission has considered, and why these alternatives will or will not be appropriate. The report shall also include a description of the individualized treatment the respondent has received while in the hospital or in the community, and a description of any individualized treatment plan to be implemented in the future. In addition, the report shall include recommendations relative to payment of costs of respondent's care.
(3) Service of report. In an original commitment case, copies of the report recommending commitment and written notice of the right to demand a jury trial shall be served personally on the respondent and his attorney and on any relative who may be required to pay for the cost of respondent's care. In a recommitment case, copies of the report recommending recommitment and written notice of the right to a review by an Associate Judge shall be sent by registered mail to the respondent and by regular mail to his or her attorney.