Rule 4 Court hearing on Commission on Mental Health report for hospitalization or less
Rule Text
restrictive treatment.
(a) Procedure. If a court or jury trial is requested, the Court shall at a time prior to trial, consider any motion by either party raising any objection, defense, or other matter capable of determination without trial of the issues of mental illness and dangerousness.
(b) Time of final hearing. The hearings on a Commission report recommending commitment to inpatient hospitalization or a less restrictive form of commitment shall be held as soon as practicable after the Commission hearing.
(c) Final hearing on Commission report. Where the findings of the Commission with respect to mental illness and dangerousness are not contested, the Court may at the hearing on the report, upon motion of either party or on its own initiative, consider any relevant matter.
(d) Trial by jury or trial by the Court. If the respondent has requested, within five days of notice of the final hearing served pursuant to D.C. Code § 21-545 (2004 Supp.), a trial by jury or a trial by the Court on the issues of mental illness and dangerousness, the Court shall set trial at the earliest practicable date.
(e) Trial waiver. The Court shall not enter an order of commitment without finding that the respondent is waiving his or her right to a trial.