Code of the District of Columbia

§ 7–1304.01. Commencement of commitment proceedings; filing of written petition.

Proceedings for the commitment of a person found incompetent in a criminal case shall be commenced by the filing of a written petition by the District with the Court in a manner and form prescribed by the Court. A copy of the petition shall be served on the person, the person's counsel, and the person's guardian, if any.


(Mar. 3, 1979, D.C. Law 2-137, § 401, 25 DCR 5094; Oct. 17, 2002, D.C. Law 14-199, § 2(i), 49 DCR 7647; Apr. 24, 2007, D.C. Law 16-305, § 26(j), 53 DCR 6198; Sept. 26, 2012, D.C. Law 19-169, § 17(r), 59 DCR 5567; May 5, 2018, D.C. Law 22-93, § 201(c)(17), 65 DCR 2823.)

Prior Codifications

1981 Ed., § 6-1941.

1973 Ed., § 6-1668.

Section References

This section is referenced in § 7-1304.03 and § 24-531.02.

Effect of Amendments

D.C. Law 14-199 added the last sentence.

D.C. Law 16-305 substituted “have mental retardation” for “be mentally retarded”.

The 2012 amendment by D.C. Law 19-169 substituted “an intellectual disability” for “mental retardation” in the second and fourth sentences; and substituted “individual’s advocate for a person with an intellectual disability” for “individual’s mental retardation advocate” in the last sentence.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(i) of Civil Commitment of Citizens with Mental Retardation Emergency Amendment Act of 2002 (D.C. Act 14-383, June 12, 2002, 49 DCR 5701).

For temporary (90 day) amendment of section, see § 2(i) of Civil Commitment of Citizens with Mental Retardation Legislative Review Emergency Amendment Act of 2002 (D.C. Act 14-454, July 23, 2002, 49 DCR 8096).

Editor's Notes

Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.