D.C. Super. Ct. Habilitation R. 4

Criminal Proceedings

(a) PETITION FOR COMMITMENT. The District of Columbia may file a petition for

commitment under D.C. Code § 7-1303.04(b-1) for a person found incompetent in a

criminal case and not likely to regain competence to stand trial or participate in

sentencing or transfer proceedings. The petition must be filed within 30 days of that

finding, unless the court in the criminal case extends the time period for extraordinary

cause under D.C. Code § 7-1303.12a(a).

(b) FILING AND SERVICE. The District of Columbia must file the petition and serve a

copy on the following parties:

(1) the respondent;

(2) the respondent’s counsel in the criminal case;

(3) the respondent’s advocate, if appointed;

(4) the respondent’s court appointed guardian, if any;

(5) the Office of the United States Attorney; and

(6) the judge or magistrate judge assigned to the criminal case.

(c) CONTENTS OF PETITION. The petition must contain the following information:

(1) the respondent’s name, date of birth, and home address;

(2) the crime(s) of violence or sex offense(s) and the criminal case(s) in which the

court has found the respondent to be incompetent;

(3) a statement that the respondent has an intellectual disability and is believed to be

in need of commitment, including facts demonstrating why the respondent is likely “to

cause injury to others as a result of the person’s intellectual disability” as defined in D.C.

Code § 7-1301.03(2C);

(4) the date the respondent was found incompetent and not likely to regain

competence in the criminal case(s); and

(5) the respondent’s current placement and legal status, including prior and current

commitments.

(d) COMMENCING COMMITMENT PROCEEDINGS. When a petition is filed, the court

must:

(1) enter the petition on the docket;

(2) assign counsel to represent the respondent;

(3) appoint an advocate for the respondent, unless declined;

(4) after consulting with the parties’ counsel, promptly schedule an initial status

hearing;

(5) inform the respondent and the respondent’s counsel in the habilitation proceedings

of the right to request a trial by jury or by the court and that such request must be made

no later than the initial status hearing;

(6) send copies of the petition, any material accompanying the petition, an order

containing notice of the status hearing date, and notice of the assignment of counsel to:

(A) the parties listed in Rule 4(b);

(B) the respondent’s counsel in the habilitation proceedings; and

(C) the attorney from the District of Columbia Department on Disability Services

who filed the petition; and

(7) send copies of the comprehensive evaluation report and the respondent’s

habilitation plan, when filed, to the respondent’s counsel in the habilitation proceedings,

the respondent’s advocate, and the Department’s attorney who filed the petition.

(e) TIMING FOR PREPARING AND FILING COMPREHENSIVE EVALUATION

REPORT AND INDIVIDUAL HABILITATION PLAN.

(1) In general. The comprehensive evaluation report and the individual habilitation

plan must be provided to the respondent and the respondent’s counsel in the

habilitation proceedings at least 10 days before the commitment hearing.

(2) If filed with the Petition. If the petition was accompanied by a comprehensive

evaluation report and individual habilitation plan, copies of the report and plan must be

provided to the respondent and the respondent’s counsel in the habilitation proceedings

within 3 days of the petition’s filing.

(3) Ordering a Comprehensive Evaluation and Individual Habilitation Plan. Except as

provided in Rule 4(e)(4), the court must order the Department to:

(A) conduct a comprehensive evaluation and prepare an evaluation report;

(B) prepare an individual habilitation plan;

(C) file the report and plan no later than 10 days before the commitment hearing;

and

(D) provide copies of the report and plan to the respondent and the respondent’s

counsel in the habilitation proceedings no later than 10 days before the commitment

hearing.

(4) Exception. The court need not order a comprehensive evaluation and individual

habilitation plan under Rule 4(e)(3) if the petition is accompanied by a comprehensive

evaluation report based on an evaluation performed within 6 months before the hearing

and an individual habilitation plan prepared within 30 days of the filing of the petition.

(f) INITIAL STATUS HEARING. At the initial status hearing, the court must set a date for

a commitment hearing. If the respondent requests a judge or jury trial, the court must

set a commitment hearing date in accordance with the requirements of D.C. Code § 7-

1303.12a for placement during the pendency of the petition and commitment

proceedings. The court may also set pretrial hearings as necessary to resolve any

pretrial issues, including issues arising under D.C. Code § 7-1303.12a.

(g) COMMITMENT HEARING PROCEDURES WHEN TRIAL IS REQUESTED. The

following rules apply in a trial conducted under D.C. Code § 7-1304.06a:

(1) All testimony must be under oath.

(2) The District of Columbia has the burden of proving by clear and convincing

evidence that the respondent is likely to “cause injury to others as a result of the

person’s intellectual disability” as defined in D.C. Code § 7-1301.03(2C) if allowed to

remain at liberty.

(3) The respondent has the right to be present during the trial and to testify, but must

not be compelled to testify, and must be so advised by the court.

(4) The parties have the right to call witnesses, present evidence, and cross-examine

opposing witnesses.

(5) Jury Verdict or Court Finding. The jury, or the court in a bench trial, must deliver a

separate verdict or finding on:

(A) whether the respondent has an intellectual disability; and,

(B) if the respondent is found to have an intellectual disability, whether, because of

such disability, the respondent is likely to cause injury to others if allowed to remain at

liberty.

(6) Disposition Following Verdict or Finding.

(A) If the court or jury finds that the respondent is likely to cause injury to others as a

result of intellectual disability if allowed to remain at liberty, the court must order

commitment for placement in a facility that would be the least restrictive means of

providing the habilitation indicated by the respondent's habilitation plan and of

preventing the respondent from causing injury to others as a result of the respondent’s

intellectual disability.

(B) If the court or jury finds that the respondent should not be committed, the court

must dismiss the petition.

(h) COMMITMENT HEARING PROCEDURES ON WAIVER OF TRIAL.

(1) If the respondent waives trial rights, the court must make findings as to whether

the respondent meets the standard for commitment under D.C. Code § 7- 1304.06a.

(2) If the court finds that the respondent should be committed, the court must order

commitment for placement in a facility that will provide appropriate habilitation in

accordance with the definitions of facility and habilitation in D.C. Code § 7-1301.03.

(3) If the court finds that the respondent should not be committed, the court must

dismiss the petition.

(i) PLACEMENT FOLLOWING COMMITMENT BY JUDGE OR JURY. If the court finds

that the respondent should be committed to the Department, the court must order

placement in a facility that would be the least restrictive means of providing the

habilitation indicated by the respondent’s individual habilitation plan and of preventing

the respondent from causing injury to others as a result of the respondent’s intellectual

disability.