118 STAT. 3474 PUBLIC LAW 108–450—DEC. 10, 2004 is the least restrictive alternative available to prevent the person from injuring himself or others, the detention for emergency observation and diagnosis may be continued by the Department or hospital— ‘‘(1) pending the conclusion of judicial proceedings under subchapter IV of this chapter; ‘‘(2) until the Court enters an order discharging the person; or ‘‘(3) until the Department or hospital determines that continued hospitalization is no longer the least restrictive form of treatment appropriate for the person being detained. ‘‘(e) If the Commission, at the conclusion of its hearing, finds that the person is mentally ill, is likely to injure himself or other persons as a result of mental illness if not committed, and that outpatient treatment is the least restrictive form of commitment appropriate, then, within 14 days of the date of the hearing, the person shall be discharged from inpatient status and shall receive outpatient mental health services or mental health supports as an emergency nonvoluntary patient consistent with this subchapter, pending the conclusion of judicial proceedings under subchapter IV of this chapter.’’. SEC. 5. REPRESENTATION BY COUNSEL OF PERSONS ALLEGED TO BE MENTALLY ILL. Section 21–543, District of Columbia Official Code, is amended— (1) in subsection (a) (as redesignated by section 2(r)(1) of the Mental Health Civil Commitment Act of 2002), by striking the last sentence; and (2) by adding at the end the following new subsection: ‘‘(b) The Commission may not grant a continuance for counsel to prepare his case for more than 5 days. The Commission may grant continuances for good cause shown for periods of up to 14 days. If the Commission grants a continuance, the emergency observation and detention of the person about whom the hearing is being held shall be extended for the duration of the continuance.’’. SEC. 6. HEARING AND DETERMINATION ON QUESTION OF MENTAL ILLNESS. (a) IN GENERAL.—Section 21–545, District of Columbia Official Code, is amended— (1) in subsection (a), by striking ‘‘jury trial’’ each place it appears and inserting ‘‘jury trial or a trial by the Court’’; (2) by amending subsection (b) to read as follows: ‘‘(b)(1) If the Court or jury finds that the person is not mentally ill or is not likely to injure himself or others as a result of mental illness, the Court shall dismiss the petition and order the person’s release. ‘‘(2) If the Court or jury finds that the person is mentally ill and, because of that mental illness, is likely to injure himself or others if not committed, the Court may order the person’s commitment to the Department or to any other facility, hospital, or mental health provider that the Court believes is the least restrictive alternative consistent with the best interests of the per- son and the public. An order of commitment issued pursuant to this paragraph shall be for a period of one year.’’; and (3) by adding at the end the following new subsections: VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00008 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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