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REMOVING THE REQUIREMENT OF RESIDENCE IN THE DISTRICT OF COLUMBIA FOR MEMBERSHIP ON THE COMMISSION ON MENTAL HEALTH

July 14, 1949.-Referred to the House Calendar and ordered to be printed

Mr. ABERNETHY, from the Committee on the District of Columbia,

submitted the following

REPORT

(To accompany H. R. 4749)

The Committee on the District of Columbia, to whom was referred the bill (H. R. 4749) to remove the requirement of residence in the District of Columbia for membership on the Commission on Mental Health, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

The purpose of this bill is to permit appointment of persons to membership on the Commission on Mental Health without regard to residence. The transmitting letter from the Commissioners of the District of Columbia explaining the desirability of this legislation is made a part of this report.

GOVERNMENT OF THE DISTRICT OF COLUMBIA,

EXECUTIVE OFFICES,

Washington 4, D. C., May 10, 1949. Hon. San RAYBURN, The Speaker, United States House of Representatives,

Washington, D. C. MY DEAR MR. SPEAKER: The Commissioners have the honor to submit herewith a draft of a bill to remove the requirement of residence in the District of Columbia for membership on the Commission on Mental Health, which they requested be enacted at an early date.

The Commission on Mental Health consists of two physicians and a lawyer, and is drawn from a panel of nine persons, eight of whom are required to be physicians who have been practicing medicine in the District of Columbia, and who have had not less than 5 years' experience in the diagnosis and treatment of mental disease. Each physician member of the panel is assigned by the Chief Judge of the United States District Court for the District of Columbia to active service on the Commission for 3 months in each calendar year.

CROSS REFERENCE

Willful inhumanity to prisoner, see title 5, section 177.

904. TRANSFER OF PRISONERS FROM ONE PENAL INSTITUTION TO ANOTHER.Prisoners may be transferred from one penal institution to such other penal insti. tution within the Canal Zone as the Governor of the Panama Canal may designate in the following cases:

(a) When the room in any penal institution is insufficient for the prisoners confined therein; or

(b) When the Governor determines, in the cases nf womon nrinners or prienners under eighteen years of age, that the public welfare will best be subserved by imprisonment elsewhere than at Gamboa.

This transfer shall not, however, aggravate or affect the condition of the prisoners in any way, and they shall serve in accordance with their sentences (Feb. 21, 1933, ch. 110, sec. 118 [447], 47 Stat. 901).

905. BRINGING PRISONER BEFORE A COURT.— When it is necessary to have a person who is imprisoned in a penal institution brought before a court, an order for that purpose may be made by the court and executed by the officer of the court where it is made.

CROSS-REFERENCE

Where material witness is prisoner, see section 661 of this title.

906. Clothing AND MONEY FOR DISCHARGED PRISONERS.-On the discharge of a prisoner from any penal institution in the Canal Zone such prisoner may, in the discretion of the Governor of the Panama Canal, be furnished with such suitable clothing as may be authorized by the Governor, and an amount of money not exceeding $20.

O

REMOVING THE REQUIREMENT OF RESIDENCE IN THE DISTRICT OF COLUMBIA FOR MEMBERSHIP ON THE COMMISSION ON MENTAL HEALTH

JULY 14, 1949.-Referred to the House Calendar and ordered to be printed

Mr. ABERNETHY, from the Committee on the District of Columbia,

submitted the following

REPORT

(To accompany H. R. 4749)

The Committee on the District of Columbia, to whom was referred the bill (H. R. 4749) to remove the requirement of residence in the District of Columbia for membership on the Commission on Mental Health, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

The purpose of this bill is to permit appointment of persons to membership on the Commission on Mental Health without regard to residence. The transmitting letter from the Commissioners of the District of Columbia explaining the desirability of this legislation is made a part of this report.

GOVERNMENT OF THE DISTRICT OF COLUMBIA,

EXECUTIVE OFFICES,

Washington 4, D. C., May 10, 1949. Hon. Sam RAYBURN, The Speaker, United States House of Representatives,

Washington, D. C. MY DEAR MR. SPEAKER: The Commissioners have the honor to submit here with a draft of a bill to remove the requirement of residence in the District of Columbia for membership on the Commission on Mental Health, which they requested be enacted at an early date.

The Commission on Mental Health consists of two physicians and a lawyer, and is drawn from a panel of nine persons, eight of whom are required to be physicians who have been practicing medicine in the District of Columbia, and who have had not less than 5 years' experience in the diagnosis and treatment of mental disease. Each physician member of the panel is assigned by the Chief Judge of the United States District Court for the District of Columbia to active service on the Commission for 3 months in each calendar year

Existing law provides that members of the Commission be "bona fide residents of the District of Columbia who have resided in (the) District for a continuous period of three years immediately preceding their appointment."

The proposed bill eliminates the language quoted so that there would be no restriction as to residence of members of the Commission.

This change in law would afford a wider selection of personnel for membership on the Commission as circumstances frequently require physicians to reside outside the District in the metropolitan area while maintaining their offices and prac tice in the District.

The Commissioners have been advised by the Bureau of the Budget that there is no objection on the part of that office to submission of this report to the Congress. Řespectfully.

JOHN RUSSELL YOUNG,
President, Board of Commissioners,

District of Columbia.

CHANGES IN EXISTING LAW

In compliance with paragraph 2a of rule XIII of the Rules of the House of Representatives, changes in existing law made by the bill, as introduced, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italics, existing law in which no change is proposed is shown in rornan):

There is hereby established a Commission on Mental Health (hereinafter referred to as the commission), which shall examine alleged insane persons, inquire into the affairs of such persons, and the affairs of those persons legally liable as hereinafter provided for the support of said alleged insane persons, and make reports and recommendations to the court as to the necessity of treatment, the commitment, and payment of the expense of maintenance and treatment of such insane persons. The said commission shall be drawn from a panel of nine [bona-fide residents of the District of Columbia who have resided in said District for a continuous period of at least three years immediately preceding their appointment.] who shall be appointed by the Judges of the [District Court of the United States) United States District Court for the District of Columbia,

Eight members of said panel shall be physicians who have been practicing medicine in the District of Columbia, and who have had not less than five years' experience in the diagnosis and treatment of mental diseases, none of whom is financially interested in the hospital in which the alleged insane person is to be confined, and the ninth member shall be a member of the bar of the District Court of the United States for the District of Columbia who has been engaged in the general active practice of law in the District of Columbia for a period of at least five years prior to his appointment Each physician member of the panel shall be assigned by the Chief Justice of the District Court of the United States for the District of Columbia to active service on the commission for three months in each calendar year, and the Chief Justice may change such assignments at any time at his discretion. The two physician members on active service and the lawyer member shall constitute the commission for the purposes of this section The members to whom any case is referred shall continue to act in respect to that case until its final disposition, unless the court shall otherwise order Physician members of the commission may practice their profession during their tenure of office. The lawyer member of the commission shall be chairman thereof, and it shall be his duty, and he shall have authoritv to direct the proceedings and hearings in such a manner as to insure dependable ascertainment of the facts, by relevant, competent, and material evidence, and so as to insure a fair and lawful conduct and disposition of the case. The lawver member shall devote his entire time to the work of the commission. The judges shall also appoint an alternate lawyer member of the commission, who shall have the same qualifications as that member, and who may be designated by the Chief Justice to act as a member of the commission in absence of the lawyer member; for such service the alternate shall receive for each day of actual service the same compensation as fixed in accordance with the provisions of the Classification Act of 1923, as amended (U. S. C., tit. 5, ch. 13), for the lawyer member of the commission Original appointments of physicians shall be two each for one, two, three, and four years, respectively, the lawner member to be appointed for four years. Thereafter appointments shall be for four years each. The salaries of the members of the commission and of employees shall be fixed in accordance with the provisions of the Classification Act of 1923, as amended (U. S. C., tit. 5, ch. 13). The commissioners shall include in their annual estimates such amounts as may be required for the salaries and expenses herein authorized.

The said commission shall act in all respects under the direction of the equity court. The court may compel, by subpena, the appearance of alleged insane persons before the commission for examination, and may compel the attendance of witnesses before the commission. If it shall appear to the satisfaction of the commission that the appearance before it of any alleged insane person is prevented by reason of the mental or physical condition of such person, the commission may, in its discretion, examine such person at the hospital in which such person may be confined, or, with the consent of the relatives, or of the person with whom such person may reside, at the residence of the alleged insane person.

The court may in its discretion appoint an attorney or guardian ad litem to represent the alleged insane person at any hearing before the commission or before the court, or before the court and jury, and shall allow the attorney or guardian ad litem so appointed a reasonable fee for his services. Such fees may be charged against the estate or property, if any, of the alleged insane person, or taxed as costs against the petitioner in the proceedings, or, in the case of an indigent person, charged against the funds of the commission, as the court, in its discretion may direct.

The office and records of the sanitary officer, District of Columbia, are hereby transferred from the Metropolitan Police Department to the commission and the sanitary officer shall be secretary of the commission. Suitable quarters shall be provided for the commission by the commissioners of the District of Columbia.

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