District of Columbia § 7-1303.12a Placement pending petition and commitment proceedings.

District of Columbia Statutes

§ 7-1303.12a — Placement pending petition and commitment proceedings.

District of Columbia § 7-1303.12a

Title 7Human Health Care and Safety.

Ch. 13Citizens with Intellectual Disabilities.

Subch. IIICommitments.

This text of District of Columbia § 7-1303.12a (Placement pending petition and commitment proceedings.) is published on Counsel Stack Legal Research, covering District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

D.C. Code § 7-1303.12a (2026).

Text

(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.

(b)Repealed.

(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 t

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(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.

(b) Repealed.

(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.

Legislative History

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