§ 7–1305.02. Living conditions; teaching of skills.

Persons shall be provided with the least restrictive and most normal living conditions possible. Persons with intellectual disabilities found incompetent in a criminal case shall be provided with the least restrictive and most normal living conditions possible consistent with preventing the person from causing injury to others as a result of the person’s intellectual disability. This standard shall apply to dress, grooming, movement, use of free time, and contact and communication with the community, including access to services outside of the institution or residential facility. Persons shall be taught skills that help them learn how to effectively utilize their environment and how to make choices necessary for daily living and, in the case of a person committed under § 7-1304.06a, to refrain from committing crimes of violence or sex offenses.

(Mar. 3, 1979, D.C. Law 2-137, § 502, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52, § 506(n), 42 DCR 3684; Oct. 17, 2002, D.C. Law 14-199, § 2(q), 49 DCR 7647; Sept. 26, 2012, D.C. Law 19-169, § 17(ee), 59 DCR 5567; May 5, 2018, D.C. Law 22-93, § 201(c)(29), 65 DCR 2823.)

Prior Codifications

1981 Ed., § 6-1962.

1973 Ed., § 6-1682.

Effect of Amendments

D.C. Law 14-199 rewrote the section which had read as follows: “Customers shall be provided with the least restrictive and most normal living conditions possible. This standard shall apply to dress, grooming, movement, use of free time, and contact and communication with the community, including access to services outside of the institution or residential facility. Customers shall be taught skills that help them learn how to effectively utilize their environment and how to make choices necessary for daily living.”

The 2012 amendment by D.C. Law 19-169 substituted “Individuals” for “Customers” in the first and last sentences; and substituted “intellectual disability” for “mental retardation” twice in the second sentence.

Emergency Legislation

For temporary amendment of section, see § 505(n) of the Multiyear Budget Spending Reduction and Support Emergency Act of 1994 (D.C. Act 10-389, December 29, 1994, 42 DCR 197).

For temporary (90 day) amendment of section, see § 2(q) 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(q) 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).

Temporary Legislation

For temporary (225 day) amendment of section, see § 505(n) of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652).

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.