Page:United States Statutes at Large Volume 63 Part 1.djvu/798

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

of Alexandria, in the State of Virginia, or in Montgomery County or in Prince Georges County, in the State of Maryland, who is alleged, and is believed by the commissioner, to be of unsound mind. Any United States commissioner specially designated for that purpose by the United States District Court for the District of Columbia shall have like jurisdiction and authority in the case of any person tempo- rarily detained in Saint Elizabeths Hospital, pursuant to section 2 Period of commit- hereof. Any such commitment shall be for a period not exceeding ment. thirty days and may be made only after a hearing before the commis- sioner upon the testimony under oath of at least two witnesses who shall testify as to their belief that the said person is of unsound mind and, in addition, upon the testimony under oath or affidavit of two physicians, at least one of whom is skilled in the treatment and diag- nosis of nervous and mental disorders, who shall testify or certify in writing that they have examined the said person alleged to be of unsound mind and believe said person to be of unsound mind and not fit to remain at liberty and go unrestrained, and that such person should be in custody in a hospital for the treatment of mental or nervous disorders for his own safety and welfare and for the preser- Notification of hus- vation of the peace and good order. It shall be the duty of the head andorwife,etc. of the agency of the United States in control of the place where such person is apprehended to forthwith notify the husband or wife or some near relative or friend of the person so apprehended whose address may be known to said agency head or whose address can by reasonable paNtiefiation o de- inquiry be ascertained by him: Providedfurther, That in the case of any person described in section 5, the agency head shall notify the head of the department having jurisdiction over the service to which pcompensation of the individual belongs. The agency of the United States in control of the place where such person is apprehended is authorized to employ physicians for the aforesaid purpose and to pay compensation for their Expenses of wit- services and to pay expenses of witnesses in such proceedings out of funds available therefor. Physicians who are officers or employees of the United States or who are members of the armed forces of the United States are hereby authorized to render such services without additional compensation. oAtheoity f US. SEC. 2. Any officer or employee of the United States authorized to make arrests, and any guard or watchman employed by the United States is hereby authorized and empowered to apprehend and detain any person whom he believes to be of unsound mind and found in any of the aforesaid places and, except as provided in section 3 hereof, to bring such person for a hearing before a United States Commissioner for the district where such person was apprehended and designated as Hearing. provided in section 1 hereof. If an immediate hearing before a com- missioner cannot be had, such officer or employee is authorized and empowered to take such person to Saint Elizabeths Hospital and the Superintendent of Saint Elizabeths Hospital is authorized to detain such person pending a hearing before a United States commissioner for the District of Columbia, designated as provided in section 1 hereof, for a period not exceeding seventy-two hours. Such commissioner shall hold a hearing as promptly as practicable after the apprehension of such person and in any event not later than seventy-two hours there- after. Such hearing shall be conducted at Saint Elizabeths Hospital if the Superintendent thereof shall certify that in his opinion it would be prejudicial to the health of the patient or unsafe to produce the patient at a hearing elsewhere. If, after any hearing at a place other than Saint Elizabeths Hospital, the commissioner commits a person to Saint Elizabeths Hospital, any officer, employee, guard, or watch- man above-mentioned is authorized to transport such person to Saint Elizabeths Hospital in accordance with the order of the commissioner. 760 PUBLIC LAWS--CH. 672-OCT. 11 , 1949 [63 STAT.