53 STAT.] 76TH CONG., IST SESS.-CH. 620-AUG. 9, 1989 court, a certificate executed by the Administrator of Veterans' Affairs, or his duly authorized representative, showing said insane person to be entitled to such care and treatment, and that facilities therefor are available. SEC. 7 . Recommendations of the Commission must be made by the unanimous recommendation of the three members acting upon the case. If the three members of the Commission be unable to agree upon the recommendation to be made in any case, they shall imme- diately file with the court a report setting forth the fact that they are unable to agree on the case, and in that event the court shall hear and determine the case, unless the alleged insane person, or someone in his behalf, shall demand a jury trial, in which event the case shall be heard and determined by the court and a jury. If the Commission shall agree upon a recommendation, it shall file with the court a report setting forth its findings of fact and conclu- sions of law and its recommendation based thereon which recommen- dation shall be in one of the following forms: (A) That the person is of sound mind and should be discharged forthwith and the petition dismissed. (B) That the mental condition of the alleged insane person is such that a definite diagnosis cannot be made without further study, or that the mental incapacity of said person will probably be of short duration, and that said person should be further detained and committed in Saint Elizabeths Hospital as hereinbefore provided for, or in any other hospital in the District of Columbia as provided in the Act approved April 27, 1904, for further observation or treat- ment for such period of time as the court may determine, during which said time the Commission shall from time to time examine said person and make a recommendation to the court as to the final disposition of the case. (C) That the person is of unsound mind and (1) should be com- mitted to Saint Elizabeths Hospital, or any other hospital provided by section 4 of the Act approved April 27, 1904, (a) at public expense, or (b) at the expense of those persons who are required by law, or who will agree to pay for the maintenance and treatment of said insane person, or (c) that the relatives of said insane person, mentioned in section 11 of this Act are able to pay a specified sum per month toward the support and maintenance of said insane person; (2) is harmless and may safely be committed to the care of his rela- tives or friends (naming them) who are willing to accept the custody, care, and maintenance of said insane person under conditions speci- fied by the Commission; (3) should be committed to the Adminis- trator of Veterans' Affairs for care and treatment in a Veterans' Administration facility: Provided, That there shall be filed with the court or Commission a certificate executed by said Administrator or his duly authorized representative, showing said person is entitled to such care and treatment and that facilities therefor are available. SEC. 8. If an insane person be found by the Commission, subject to the review of the court, not to be a resident of the District of Columbia, he may be committed by the court to Saint Elizabeths Hospital as a District of Columbia patient until such time as his residence shall have been ascertained. Upon the ascertainment of such insane person's residence in some other jurisdiction, he shall be transferred to the State of such residence. The expense of trans- ferring such patient, including the traveling expenses of necessary attendants to insure his safe transfer, shall be borne by the District of Columbia only if the patient be indigent. Any insane person found by the Commission to have been a resi- dent of the District of Columbia for more than one year prior to the filing of the petition, and any person found within the District 1297 Recommendations of the Commission. Court proceeding in event of disagreement. Jury trial if demand- ed. Findings and rec- ommendation to be filed with the court. Forms. Person of sound mind, etc. Further study nec- essary. Mental incapacity probably of short du- ration; temporary de- tention, etc. 33 Stat. 316. 16D.C. Code §§31- 36. Of unsound mind and should be com- mitted. 33 Stat. 317. 16D. C.Code §34. Harmless and may be committed to care of relatives, etc. Should be commit. ted for care in Veter- ans' Administration facility. Proviso. Certificate to be filed. Nonresident insane. Resident, etc., in- sane.
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