§ 7–1304.06. Hearings conducted in informal manner; procedural rights at hearing.

Except as provided in § 7-1304.06a, hearings shall be conducted in as informal a manner as may be consistent with orderly procedure. Persons who have been committed, or whose commitment is sought pursuant to § 7-1303.04(b-1), have the right to be present during hearings and to testify, but shall not be compelled to testify, and shall be so advised by the Court. They shall have the right to call witnesses and present evidence, and to cross-examine opposing witnesses. The presence of the person may be waived only if the Court finds that the person has knowingly and voluntarily waived his or her right to be present, or if the Court determines that the person is unable to be present by virtue of his or her physical disability.

(Mar. 3, 1979, D.C. Law 2-137, § 406, 25 DCR 5094; Oct. 17, 2002, D.C. Law 14-199, § 2(k), 49 DCR 7647; Sept. 26, 2012, D.C. Law 19-169, § 17(v), 59 DCR 5567; May 5, 2018, D.C. Law 22-93, § 201(c)(22), 65 DCR 2823.)

Prior Codifications

1981 Ed., § 6-1946.

1973 Ed., § 6-1673.

Effect of Amendments

D.C. Law 14-199 substituted “Except as provided in § 7-1304.06a, hearings” for “Hearings”.

The 2012 amendment by D.C. Law 19-169 substituted “physical disability” for “physically handicapping condition” at the end of the last sentence.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(k) 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) addition of § 7-1304.06a, see § 2(l) 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(k) 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).

For temporary (90 day) addition of § 7-1304.06a, see § 2(l) 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.