(a) In the case of a person found incompetent in a criminal case, the District shall have no more than 30 days from the date on which the finding is made that the person is incompetent and not likely to gain competence in the foreseeable future in which to file a petition pursuant to § 7-1303.04(b-1). For extraordinary cause shown, the Court may extend the period of time within which the petition must be filed.
(c) While awaiting the District’s decision pursuant to subsection (a) of this section and during the pendency of any resultant commitment proceedings, the Court may order the person placed with DDS for placement in a setting that DDS preliminarily determines can provide habilitation services consistent with the person’s needs and supervision or security sufficient to prevent the person from causing injury to others as a result of his or her intellectual disability.
(d) If the Court or DDS places the person in a setting that does not meet the definition of a facility contained in § 7-1301.03(13), the hearing pursuant to § 7-1304.06a shall commence no later than 90 days from the date on which the finding is made that the person is incompetent and not likely to gain competence in the foreseeable future. If the hearing does not commence before the expiration of the 90-day time period, the Court shall place the person with the DDS for placement in a facility that does satisfy § 7-1301.03(13) and that DDS preliminarily determines can provide habilitation services consistent with the person’s needs and supervision or security sufficient to prevent the person from causing injury to others as a result of the person’s intellectual disability.
(Mar. 3, 1979, D.C. Law 2-137, § 312a; as added Oct. 17, 2002, D.C. Law 14-199, § 2(h), 49 DCR 7647; Mar. 14, 2007, D.C. Law 16-264, § 301(g), 54 DCR 818; Sept. 26, 2012, D.C. Law 19-169, § 17(p), 59 DCR 5567; May 5, 2018, D.C. Law 22-93, § 201(c)(14), 65 DCR 2823.)
Effect of Amendments
D.C. Law 16-264 substituted “DDS” for “MRDDA” throughout the section.
The 2012 amendment by D.C. Law 19-169 substituted “intellectual disability” for “mental retardation” at the end of (c) and (d).
For temporary (90 day) amendment of section, see § 301(g) of Developmental Disabilities Services Management Reform Emergency Amendment Act of 2006 (D.C. Act 16-672, December 28, 2006, 54 DCR 1155).
Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.