(a) Thirty days after the court has ordered extended treatment pursuant to § 24-531.06(c)(4), the court shall hold a status hearing to determine whether civil commitment proceedings have been initiated pursuant to § 21-541 or subchapter IV of Chapter 13 of Title 7.
(1) If a petition for civil commitment has not been filed prior to the hearing, the court shall release the defendant from treatment unless extraordinary cause is shown for the failure to file the petition, in which case the court may grant an additional 5 days within which to file a petition.
(2) If a petition for civil commitment has been filed, the court may either order that treatment be continued until the entry of a final order in the civil commitment case or release the defendant from treatment.
(b)(1) If the court orders the release of a person in the criminal case or transfer proceeding who has been committed to an inpatient treatment facility, and a petition for civil commitment has been filed pursuant to subchapter IV of Chapter 13 of Title 7, the court shall remand the person to the inpatient treatment facility and the inpatient treatment facility may detain the person pending a hearing on the petition conducted pursuant to § 7-1303.12a.
(2) Within 7 days of the remand order, a person so detained may request a probable cause hearing on the defendant’s continued detention before the Family Court of the Superior Court of the District of Columbia, in which case a hearing shall be held within 24 hours after the receipt of the request.
(c)(1) If the court orders the release of a person in the criminal case or transfer proceeding who has been committed to an inpatient treatment facility, and a petition for civil commitment has been filed pursuant to § 21-541, the court shall remand the person to the inpatient treatment facility and the inpatient treatment facility may detain the person pending a hearing on the petition conducted pursuant to § 21-542.
(2) Within 7 days of the remand order, a person so detained may request a probable cause hearing on the person’s continued detention before the Family Court of the Superior Court of the District of Columbia pursuant to § 21-525, in which case a hearing shall be held within 24 hours after the receipt of the request.
(d) If the court orders the release of a defendant in the criminal case or transfer proceeding who has been committed to an inpatient treatment facility, and a petition for civil commitment has not been filed pursuant to § 21-541 or subchapter IV of Chapter 13 of Title 7, the court may stay the defendant’s release for a period not to exceed 48 hours and remand the person to Saint Elizabeths Hospital or other inpatient treatment facility for the period of the stay so that the Department of Mental Health or the Mental Retardation and Development Disabilities Administration [now the Department on Disability Services], or both, may, where appropriate, file a petition for the defendant’s involuntary commitment to either the Department of Mental Health or to the Mental Retardation and Developmental Disabilities Administration [now the Department on Disability Services], or both.
(May 24, 2005, D.C. Law 15-358, § 107, 52 DCR 2015.)
This section is referenced in § 24-531.05 and § 24-531.06.
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