Any decision of the Court ordering commitment of a person with an intellectual disability to a facility pursuant to § 7-1304.09 shall be reviewed in a Court hearing annually. The individual with an intellectual disability shall be discharged unless there is a finding of the following: The Court determines that the individual with an intellectual disability has benefited from the habilitation; The facility pursuant to § 7-1304.09 , its sponsoring agency, or the Department on Disability Services demonstrates that continued residential habilitation is necessary for the habilitation program; The person with an intellectual disability is a resident of the District of Columbia; and The person meets the requirements for commitment in §§ 7-1303.04(b) and 7-1303.06(a) . Any decision of the Court ordering commitment of an individual found incompetent in a criminal case to DDS pursuant to § 7-1304.06a shall be reviewed in a court hearing annually. The individual shall not be discharged if the Court finds that the individual is likely to cause injury to others as a result of his or her intellectual disability if allowed to regain his or her liberty. If an individual with an intellectual disability is discharged in accordance with the provisions of subsection (a) or subsection (a-1) of this section but continues to evidence the need for habilitation and care, it shall be the responsibility of the Department on Disability Services to arrange for suitable services for the person.
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