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PRINTER'S NO. 910
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
743
Session of
2017
INTRODUCED BY GREENLEAF, RAFFERTY, SCHWANK AND MENSCH,
JUNE 5, 2017
REFERRED TO HEALTH AND HUMAN SERVICES, JUNE 5, 2017
AN ACT
Amending Title 50 (Mental Health) of the Pennsylvania
Consolidated Statutes, adding provisions relating to mental
health procedures and the treatment of individuals with
mental illness in the criminal justice system; making
conforming amendments to Titles 18, 20, 23, 42 and 61; and
repealing the Mental Health Procedures Act.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 50 of the Pennsylvania Consolidated
Statutes is amended by adding a part to read:
PART III
MENTAL HEALTH PROCEDURES
Chapter
31. Preliminary Provisions
32. Voluntary Inpatient Examination and Treatment
33. Involuntary Examination and Treatment
34. Determinations Affecting Those Charged With Crime or
Under Sentence
CHAPTER 31
PRELIMINARY PROVISIONS
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Subchapter
A. General Provisions
B. Administrative Matters
C. General Treatment Provisions
D. Rights and Immunities
SUBCHAPTER A
GENERAL PROVISIONS
Sec.
3101. Short title of part.
3102. Definitions.
3103. Statement of policy.
§ 3101. Short title of part.
This part shall be known and may be cited as the Mental
Health Procedures Code.
§ 3102. Definitions.
Subject to additional definitions contained in subsequent
provisions of this part which are applicable to specific
provisions of this part, the following words and phrases when
used in this part shall have the meanings given to them in this
section unless the context clearly indicates otherwise:
"Adequate treatment." A course of treatment designed and
administered to maximize the probability of the person's
recovery from mental illness.
"Assisted outpatient treatment." Community-based outpatient
social, medical and behavioral health treatment services ordered
by a court for a severely mentally disabled person, which
services may include, but need not be limited to:
(1) Community psychiatric supportive treatment.
(2) Assertive community treatment.
(3) Medications.
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(4) Individual or group therapy.
(5) Peer support services.
(6) Financial services.
(7) Housing or supervised living services.
(8) Alcohol or substance abuse treatments when the
treatment is a co-occurring condition for a person with a
primary diagnosis of mental health illness.
(9) Any other service prescribed to treat the person's
mental illness that either assists the person in living and
functioning in the community or helps to prevent a relapse or
a deterioration of the person's condition that would be
likely to result in a substantial risk of serious harm to the
person or others.
"Authorized person." A person authorized by a county
administrator to perform a specific duty required under this
part.
"Client." A person receiving behavioral or mental health
treatment from a mental health professional.
"County administrator." The administrator of a county
program or the designee of the administrator.
"County program." A mental health and intellectual
disability program established under Article III of the act of
October 20, 1966 (3rd Sp.Sess., P.L.96, No.6), known as the
Mental Health and Intellectual Disability Act of 1966.
"Department." The Department of Human Services of the
Commonwealth.
"Facility." A mental health establishment, hospital, clinic,
institution, center, day-care center, base service unit, or
community mental health center, or part thereof, that provides
for the diagnosis, treatment, care or rehabilitation of mentally
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ill persons, whether as outpatients or inpatients.
"Incompetent to proceed on criminal charges." A person who
has been charged with a crime who is found to be substantially
unable to understand the nature or object of the proceedings
against the person or to participate and assist in the person's
own defense.
"Individualized treatment plan" or "treatment plan." A plan
of treatment formulated for a particular person in a program
appropriate to the person's specific needs.
"Inpatient treatment." Includes all treatment that requires
full-time or part-time residence in a facility.
"Licensed clinical psychologist." A psychologist licensed
under the act of March 23, 1972 (P.L.136, No.52), known as the
Professional Psychologists Practice Act, who holds a doctoral
degree from an accredited university and is duly trained and
experienced in the delivery of direct preventive assessment and
therapeutic intervention services to individuals whose growth,
adjustment or functioning is actually impaired or demonstrably
at risk of impairment.
"Licensed psychologist." An individual licensed under the
Professional Psychologists Practice Act.
"Mental health professional." A person licensed or certified
in this Commonwealth in a mental health-related field to whom
the confidentiality provisions of this part apply.
"Mental health review officer." A person authorized by a
court of common pleas to conduct proceedings under this part.
"Qualified professional." A physician, licensed clinical
psychologist, licensed psychologist, prescribing psychologist,
certified nurse practitioner, clinical nurse specialist with a
specialty in mental health or a physician assistant with a
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specialty in mental health, or other mental health professional
who by years of education, training and experience in mental
health settings has:
(1) achieved professional recognition and standing as
defined by their respective discipline, including, but not
limited to, medicine, social work, psychology, nursing,
occupational therapy, recreational therapy and vocational
rehabilitation; and
(2) obtained, if applicable, licensure, registration or
certification.
"Serious mental illness." As defined by the department in
regulations.
"Severely mentally disabled." A condition in which, as a
result of mental illness, a person's capacity to exercise self-
control, judgment and discretion in the conduct of the person's
affairs and social relations or to care for the person's own
personal needs is so lessened that the person poses a clear and
present danger of harm to self or others as determined in
section 3301 (relating to persons who may be subject to
involuntary emergency examination and treatment).
"Treatment." Includes the following:
(1) Diagnosis, evaluation, therapy or rehabilitation
needed to alleviate pain or distress and to facilitate the
recovery of a person from mental illness.
(2) Care and other services that supplement treatment
described in paragraph (1) and aid or promote the recovery of
a person from mental illness.
§ 3103. Statement of policy.
The purpose of this part is to establish procedures whereby
the Commonwealth can seek to assure the availability of adequate
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treatment to persons with mental illness. The provisions of this
part shall be interpreted in conformity with the principles of
due process to make voluntary and involuntary treatment
available where the need is great and the absence of treatment
could result in serious harm to the person with mental illness
or to others.
SUBCHAPTER B
ADMINISTRATIVE MATTERS
Sec.
3111. Rules and regulations.
3112. Forms.
3113. Confidentiality of records.
3114. Jurisdiction and venue.
3115. Conduct of proceedings.
3116. Reporting requirements for firearms background checks.
§ 3111. Rules and regulations.
The department shall adopt any rules and regulations
necessary to effectuate the provisions of this part. Rules and
regulations adopted under the provisions of this part shall be
adopted according to the provisions of section 201 of the act of
October 20, 1966 (3rd Sp.Sess., P.L.96, No.6), known as the
Mental Health and Intellectual Disability Act of 1966, and the
act of July 31, 1968 (P.L.769, No.240), referred to as the
Commonwealth Documents Law.
§ 3112. Forms.
(a) Development.--The department shall establish and adopt
forms necessary to effectuate the provisions of this part.
(b) Verification.--A warrant under section 3302(a)(2)
(relating to involuntary emergency examination and treatment)
and each application, petition and certification required under
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this part shall be subject to the penalties provided under 18
Pa.C.S. § 4904 (relating to unsworn falsification to
authorities) and must contain a notice to that effect.
(c) Submission.--Each warrant, application, petition or
certification under subsection (b) must be submitted to the
county administrator in:
(1) The county where the person was made subject to
examination and treatment.
(2) Any other county in this Commonwealth in which the
person is domiciled.
(d) Applicability to voluntary treatment.--Subsections (a)
and (b) shall not apply to a person admitted to a treatment
facility under Chapter 32 (relating to voluntary inpatient
examination and treatment) when no part of the person's care is
provided for with public funds. The department may require
facilities to report clinical and statistical information, but
the information must not directly or indirectly identify any
person who is the subject of the information reported.
§ 3113. Confidentiality of records.
(a) Documents in general.--All documents concerning persons
in treatment shall be kept confidential and, without the written
consent of the person, may not be released or their contents
disclosed to anyone except:
(1) Those engaged in providing treatment for the person.
(2) The county administrator, as required under section
3112(c) (relating to forms).
(3) A court in the course of legal proceedings
authorized by this part.
(4) Pursuant to Federal statutes, rules or regulations
governing disclosure of patient information where treatment
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is undertaken by a Federal agency.
(b) Privileged communications.--A privileged communication,
whether written or oral, may not be disclosed to anyone without
written consent of the person who made the communication.
(c) Statistical analysis.--Nothing in this section prohibits
the collection or analysis of clinical or statistical data by
the department, the county administrator or the facility if the
use or dissemination of the data does not directly or indirectly
identify a person who is the subject of the information
reported.
(d) Other law.--Nothing in this section shall be construed
to conflict with section 8 of the act of April 14, 1972
(P.L.221, No.63), known as the Pennsylvania Drug and Alcohol
Abuse Control Act.
§ 3114. Jurisdiction and venue.
(a) Initial jurisdiction.--The jurisdiction of a court of
common pleas or juvenile court conferred by Chapters 32
(relating to voluntary inpatient examination and treatment) and
33 (relating to involuntary examination and treatment) shall be
exercised initially by the court for the county in which the
subject of the proceedings is located or resides.
(b) Subsequent proceedings.--If involuntary treatment is
ordered, jurisdiction over a subsequent proceeding shall be
retained by the court in which the initial proceeding occurred,
but jurisdiction may be transferred to the county where the
person is domiciled.
(c) Proceedings at facility.--The court or a mental health
review officer of the county having jurisdiction over the
proceedings may conduct legal proceedings at a facility where
the person is in treatment whether or not the facility is
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located within the county where the court or mental health
review officer normally conducts business.
(d) Venue for actions involving statutory rights.--Venue for
actions instituted to effectuate rights under this part shall be
provided by law.
§ 3115. Conduct of proceedings.
A proceeding under sections 3303(c) (relating to extended
involuntary emergency treatment), 3304 (relating to court-
ordered involuntary treatment), 3305 (relating to additional
periods of court-ordered involuntary treatment) and 3306
(relating to transfer of persons in involuntary treatment) may
be conducted by the court or a mental health review officer.
§ 3116. Reporting requirements for firearms background checks.
(a) Disclosure for firearms background check purposes.--
Notwithstanding any other law to the contrary, the court, a
mental health review officer and a county administrator shall
notify the Pennsylvania State Police on a form developed by the
Pennsylvania State Police of the identity of any of the
following persons:
(1) A person who has been adjudicated incompetent to
proceed on criminal charges under Chapter 34 (relating to
determinations affecting those charged with crime or under
sentence).
(2) A person who has been involuntarily committed to a
facility for inpatient care and treatment under this part.
(b) Timing of notification.--The notification under
subsection (a) shall be transmitted within seven days of the
adjudication, commitment or treatment.
(c) Confidentiality provisions waived.--Section 3113
(relating to confidentiality of records) shall not restrict the
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disclosure of information:
(1) To the Pennsylvania State Police under this section.
(2) By the Pennsylvania State Police to a person in
accordance with 18 Pa.C.S. § 6105.
SUBCHAPTER C
GENERAL TREATMENT PROVISIONS
Sec.
3121. Applicability.
3122. Referral of persons discharged from treatment.
3123. Basic treatment requirements.
3124. Facilities.
3125. Treatment team.
3126. Individualized treatment plan.
3127. Periodic reexamination, review and redisposition.
3128. Duty to protect.
§ 3121. Applicability.
(a) Treatment covered.--This part establishes rights and
procedures for:
(1) All involuntary inpatient treatment of persons with
mental illness.
(2) All involuntary outpatient treatment of persons with
mental illness.
(3) All voluntary inpatient treatment of persons with
mental illness.
(b) Limitations on treatment.--Treatment shall be delivered
subject to the following:
(1) Treatment on a voluntary basis shall be preferred to
involuntary treatment.
(2) The least restrictions consistent with adequate
treatment standards shall be employed.
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(c) Treatment of individuals with multiple diagnoses.--
Individuals who are intellectually disabled, senile or alcohol
or drug dependent shall receive treatment only if they are also
diagnosed as mentally ill, but each of these conditions alone
shall not constitute mental illness.
(d) Treatment of alcohol abuse or drug addiction.--Nothing
in this part shall prohibit underutilized State facilities for
individuals with serious mental illness to be made available for
the treatment of alcohol abuse or drug addiction under the act
of April 14, 1972 (P.L.221, No.63), known as the Pennsylvania
Drug and Alcohol Abuse Control Act.
(e) Treatment of chronically disabled elderly persons.--A
chronically disabled person who is 70 years of age or older and
who has been continuously hospitalized in a State-operated
facility for at least 10 years is not subject to the procedures
of this part. The person's inability to give a rational and
informed consent does not prohibit the department from
continuing to provide all necessary treatment to the person. If
the person protests treatment or residence at a State-operated
facility, the person shall be subject to the provisions of
Chapter 33 (relating to involuntary examination and treatment).
§ 3122. Referral of persons discharged from treatment.
(a) Discharge from State facility.--The facility
administration shall refer voluntary and involuntary persons
discharged from State facility programs to the appropriate
county program.
(b) County program responsibilities.--In accordance with
Article III of the act of October 20, 1966 (3rd Sp.Sess.,
P.L.96, No.6), known as the Mental Health and Intellectual
Disability Act of 1966, county programs shall receive referrals
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from State-operated facilities and shall be responsible for the
treatment needs of county residents discharged from institutions
under Chapters 32 (relating to voluntary inpatient examination
and treatment) and 33 (relating to involuntary examination and
treatment).
§ 3123. Basic treatment requirements.
(a) Adequacy.--Adequate treatment shall be provided to all
persons in treatment who are subject to this part.
(b) Forms of treatment.--Adequate treatment may include
inpatient treatment, partial hospitalization or outpatient
treatment.
(c) Adequacy of inpatient treatment.--Adequate inpatient
treatment shall include accommodations, diet, heat, light,
sanitary facilities, clothing, recreation, education and medical
care as necessary to maintain decent, safe and healthy living
conditions.
§ 3124. Facilities.
(a) Approved facilities.--Involuntary and voluntary
treatment funded in whole or in part by public money shall be
available at a facility approved for treatment by the county
administrator or the department. Approval of facilities shall be
made by the appropriate authority which may be the department
pursuant to regulations adopted by the department.
(b) Veterans facilities.--Treatment may be ordered at the
United States Department of Veterans Affairs or other Federal
agency upon receipt of a certificate that the person is eligible
for hospitalization or treatment and that there is available
space for the person's care. Facilities operated under the
direct control of the United States Department of Veterans
Affairs or other Federal agency are exempt from obtaining State
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approval.
(c) Standards for approval.--The department standards for
approval shall be at least as stringent as those of the
following, to the extent that the type of facility is one in
which the standards are intended to apply:
(1) The Joint Commission on Accreditation of Hospitals.
(2) Titles XVIII and XIX of the Social Security Act (49
Stat. 620, 42 U.S.C. § 301 et seq.).
(d) Exemption.--An exemption from the standards may be
granted by the department under the following conditions:
(1) The exemption may be for a period not in excess of
one year, which may be renewed.
(2) Notice of each exemption and the rationale for
allowing the exemption must be published pursuant to the act
of July 31, 1968 (P.L.769, No.240), referred to as the
Commonwealth Documents Law.
(3) Notice of each exemption shall be prominently posted
at the entrance to the main office and in the reception areas
of the facility.
§ 3125. Treatment team.
(a) Leadership.--A treatment team must be under the
direction of either of the following:
(1) A licensed clinical psychologist.
(2) A physician if:
(i) failure to do so would jeopardize Federal
payments made on behalf of a person; or
(ii) the director of a facility requires the
treatment to be under the direction of a physician.
(b) Composition.--A treatment team must include a physician
and may include other mental health professionals.
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(c) Independence of professional judgment.--Notwithstanding
any other provision of this part, the court or mental health
review officer may not specify to the treatment team the
adoption of any treatment techniques, modality or drug therapy.
§ 3126. Individualized treatment plan.
(a) Formulation.--A treatment team shall formulate and
review an individualized treatment plan for each person who is
in treatment under this part.
(b) Basic criteria.--To the extent possible, an
individualized treatment plan shall be made with the
cooperation, understanding and consent of the person in
treatment, and the least restrictions consistent with adequate
treatment standards shall be employed.
(c) Administration of drugs.--The administration of drugs
shall be controlled by the act of April 14, 1972 (P.L.233,
No.64), known as The Controlled Substance, Drug, Device and
Cosmetic Act.
(d) Assisted outpatient treatment plan.--When a court orders
involuntary outpatient treatment of a person, a treatment team
shall develop an assisted outpatient treatment plan. The
assisted outpatient treatment plan shall contain the reasonable
objectives and goals for a person determined to be in need of
assisted outpatient treatment. In addition to the requirements
of subsection (b), the assisted outpatient treatment plan shall
include:
(1) The delineation of specific assisted outpatient
treatment services to be provided based on the person's
specific needs.
(2) The delineation of the providers that agree to
provide assisted outpatient treatment services to the person.
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(3) The documentation of how the person was involved in
the initial development of the treatment plan and the process
for involving the person in ongoing evaluation and, if
appropriate, modifications to the treatment plan.
§ 3127. Periodic reexamination, review and redisposition.
(a) Reexamination and review.--
(1) Each person who is in treatment under this part
shall be examined by a treatment team.
(2) The person's individualized treatment plan shall be
reviewed at least every 30 days.
(b) Redisposition.--On the basis of reexamination and
review, the treatment team may:
(1) authorize continuation of the existing treatment
plan if appropriate;
(2) formulate a new treatment plan; or
(3) recommend to the director of the facility the
discharge of the person.
(c) Duration or modality of treatment.--A person shall not
remain in treatment or under articular mode of treatment for
longer than the treatment is necessary and appropriate to the
person's needs.
(d) Record.--The treatment team responsible for the
treatment plan shall maintain a record of each reexamination and
review under this section for each person in treatment, which
shall include all of the following:
(1) A report of the reexamination, including a diagnosis
and prognosis.
(2) A brief description of the treatment provided to the
person during the period preceding the reexamination and the
results of that treatment.
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(3) A statement of the reason for discharge or for
continued treatment.
(4) A treatment plan for the next period, if any.
(5) A statement of the reasons that the treatment plan
imposes the least restrictions consistent with adequate
treatment standards.
(6) A certification that the adequate treatment
recommended is available and will be afforded in the
treatment plan.
§ 3128. Duty to protect.
(a) Criteria for duty to apply.--In accordance with the
procedures under subsection (b), a mental health professional
shall attempt to protect each potential victim from a threat of
danger from a client of the mental health professional if all of
the following apply:
(1) The client has communicated to the mental health
professional an explicit threat of imminent serious physical
harm or death to a clearly identified or identifiable victim
or the general public, or a mental health professional
reasonably believes, after considering the totality of the
circumstances, that a client of the mental health
professional presents an imminent threat of serious physical
harm or death to a clearly identified or identifiable victim
or the general public.
(2) The mental health professional reasonably believes,
or by the standards of his profession should believe, that
the client has the intent and ability to carry out the
threat.
(3) The threat has been communicated to the mental
health professional by the client while the mental health
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professional is engaged in carrying out his professional
duties.
(b) Actions necessary to discharge duty.--A mental health
professional may:
(1) use therapeutic interventions or take therapeutic
precautions that a reasonable prudent mental health
professional would take under the circumstances to diffuse
the danger;
(2) communicate the threat to all identified or
identifiable victims;
(3) communicate the threat to any individual whose
knowledge is likely to protect the health and life of a third
party or the public;
(4) notify a law enforcement agency in the vicinity
where the client or any potential victim resides; or
(5) take reasonable steps to initiate proceedings for
voluntary or involuntary treatment if appropriate.
(c) Immunity from civil liability.--No cause of action shall
exist against a mental health professional, and no legal
liability may be imposed for breaching a duty to warn of a
threat of danger by a client, unless the mental health
professional:
(1) fails to comply with this section; and
(2) the failure to comply is the result of an
intentional or grossly negligent act or omission that results
in harm to a potential victim of the client's threats.
(d) Confidentiality.--
(1) A disclosure made in good faith under this section
may not be considered a breach of confidentiality between the
mental health professional and the client.
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(2) For a mental health professional who is a covered
entity under the Health Insurance Portability and
Accountability Act of 1996 (Public Law 104-191, 110 Stat.
1936), disclosures authorized under this section are declared
to be disclosures authorized without the consent of the
client under 45 CFR 164.512(j)(1) (relating to uses and
disclosures for which an authorization or opportunity to
agree or object is not required).
SUBCHAPTER D
RIGHTS AND IMMUNITIES
Sec.
3131. Rights and remedies of persons in treatment.
3132. Immunity from civil and criminal liability.
§ 3131. Rights and remedies of persons in treatment.
Each person who is in treatment shall be entitled to all
other rights provided under the laws of this Commonwealth in
addition to any rights provided for in this part. Actions
requesting damages, declaratory judgment, injunction, mandamus,
writs of prohibition, habeas corpus, including challenges to the
legality of detention or degree of restraint, and any other
remedies or relief granted by law, may be maintained in order to
protect and effectuate the rights granted under this part.
§ 3132. Immunity from civil and criminal liability.
(a) Treatment decisions in general.--In the absence of
willful misconduct or gross negligence, a county administrator,
director of a facility, physician, law enforcement personnel or
any other authorized person may not be held civilly or
criminally liable for any of the following decisions or the
consequences of the decision:
(1) To examine or treat a person under this part.
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(2) To discharge a person under this part.
(3) To place a person subject to this part under partial
hospitalization, outpatient care or leave of absence.
(4) To reduce a restraint upon a person subject to this
part.
(b) Denial of treatment.--A county administrator or other
authorized person who denies an application for voluntary
treatment or involuntary emergency examination and treatment may
not be civilly or criminally liable for the decision or any
consequence of the decision.
(c) Judicial immunity.--A court officer or a mental health
review officer shall not be civilly or criminally liable for an
action taken or decision made pursuant to the authority
conferred by this part.
CHAPTER 32
VOLUNTARY INPATIENT EXAMINATION
AND TREATMENT
Sec.
3201. Authorization for voluntary treatment.
3202. Application for voluntary treatment.
3203. Explanation and consent.
3204. Notice to parents.
3205. Physical examination and individualized treatment plan.
3206. Withdrawal from voluntary treatment.
3207. Transfer of person in voluntary treatment.
§ 3201. Authorization for voluntary treatment.
(a) Self-admission.--A person may submit to examination and
treatment under this part if:
(1) The person is 14 years of age or older.
(2) The person believes that treatment is needed.
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(3) The person substantially understands the nature of
voluntary treatment.
(4) The decision is voluntary.
(b) Parental authorization.--A parent, guardian or person
standing in loco parentis to a child who is less than 14 years
of age may subject the child to examination and treatment under
this part and in so doing shall be deemed to be acting for the
child.
(c) Applicability.--Except as otherwise authorized in this
part, all of the provisions of this part governing examination
and treatment shall apply.
§ 3202. Application for voluntary treatment.
(a) To whom application may be made.--An application for
voluntary examination and treatment may be made to any of the
following entities:
(1) An approved facility.
(2) A county administrator.
(3) The United States Department of Veterans Affairs.
(4) Any other Federal agency operating a facility for
the care and treatment of mental illness.
(b) Designation of treatment facility.--When application is
made to the county administrator, the county administrator shall
designate the approved facility for examination and treatment as
may be appropriate.
§ 3203. Explanation and consent.
(a) Explanation to be given.--Before a person is accepted
for voluntary inpatient treatment, an explanation shall be given
to the person that includes the following information:
(1) The nature of the treatment, including the types of
treatment in which the person may be involved.
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(2) Any restraints or restrictions to which the person
may be subject.
(3) A statement of the person's rights under this part.
(b) Form of consent.--Consent shall be given in writing upon
a form adopted by the department.
(c) Contents of consent.--The consent shall include the
following representations:
(1) That the person understands treatment will involve
inpatient status.
(2) That the person is willing to be admitted to a
designated facility for the purpose of examination and
treatment.
(3) That the person consents to the admission
voluntarily without coercion or duress.
(4) If applicable, that the person has voluntarily
agreed to remain in treatment for a specified period of no
more than 72 hours after having given written notice of the
intent to withdraw from treatment.
(d) Record of consent.--The consent shall be part of the
person's record.
§ 3204. Notice to parent, guardian or others.
(a) Notice.--Upon the acceptance of an application for
examination and treatment by a child who is more than 14 years
of age but less than 18 years of age, the director of the
facility shall promptly notify the child's parents, guardians or
persons standing in loco parentis to the child of the right to
be heard upon the filing of an objection to the examination and
treatment.
(b) Objection to treatment by parent, guardian or others.--
If an objection is filed by a parent, guardian or person
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standing in loco parentis of the child, a hearing shall be held
within 72 hours by the court or mental health review officer to
determine whether or not the voluntary treatment is in the best
interest of the child.
§ 3205. Physical examination and individualized treatment plan.
(a) Physical examination.--Upon acceptance of a person for
voluntary examination and treatment, the person shall be given a
physical examination.
(b) Individualized treatment plan.--Within 72 hours after
acceptance of a person, a treatment team shall formulate an
individualized treatment plan, subject to the following
requirements:
(1) The person shall be advised of the treatment plan,
which shall become a part of the person's record.
(2) The treatment plan shall state the following:
(i) Whether inpatient treatment is considered
necessary.
(ii) What restraints or restrictions, if any, will
be administered.
(iii) The bases for the conclusions under
subparagraphs (i) and (ii).
§ 3206. Withdrawal from voluntary treatment.
(a) Written notice.--Except as provided in subsections (b)
and (c), a person in voluntary inpatient treatment may withdraw
at any time by giving written notice of the intent to withdraw
from treatment.
(b) Waiting period.--
(1) A person in voluntary inpatient treatment who, under
section 3203(c)(4) (relating to explanation and consent),
agreed in writing at the time of admission that release could
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be delayed for a period specified in the agreement, not to
exceed 72 hours, may have that release delayed.
(2) A person converted from involuntary treatment
ordered under section 3304 (relating to court-ordered
involuntary treatment) or 3305 (relating to additional
periods of court-ordered involuntary treatment) to voluntary
treatment status shall agree to remain in treatment for 72
hours after giving notice.
(c) Release of children less than 14 years of age.--If the
child is less than 14 years of age, the parent, legal guardian
or person standing in loco parentis to the child may affect the
child's release. If a responsible party believes it would be in
the best interest of a child less than 14 years of age in
voluntary treatment to be withdrawn or afforded treatment
constituting the least restrictions consistent with adequate
treatment standards, that party may file a petition, in the
juvenile division of the court of common pleas for the county in
which the child less than 14 years of age resides, requesting a
withdrawal from or modification of treatment.
(d) Appointment of counsel and hearing for child less than
14 years of age.--The court shall promptly appoint an attorney
for a child for whom a petition was filed under subsection (b)
and schedule a hearing to determine what inpatient treatment, if
any, is in the best interest of the child. The hearing shall be
held within 10 days of receipt of the petition, unless continued
upon the request of the attorney for the child. The hearing
shall be conducted in accordance with the rules governing other
juvenile court proceedings.
(e) Lack of medical necessity.--Nothing in this part shall
be construed to require a facility to continue inpatient
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treatment where the director of the facility determines the
treatment is not medically indicated. A dispute between a
facility and a county administrator as to the medical necessity
for voluntary inpatient treatment of a person shall be decided
by the Commissioner of Mental Health or the designee of the
commissioner.
§ 3207. Transfer of person in voluntary treatment.
A person who is in voluntary treatment may not be transferred
from one facility to another without the written consent of the
person.
CHAPTER 33
INVOLUNTARY EXAMINATION AND TREATMENT
Sec.
3301. Persons who may be subject to involuntary emergency
examination and treatment.
3302. Involuntary emergency examination and treatment.
3303. Extended involuntary emergency treatment.
3304. Court-ordered involuntary treatment.
3305. Additional periods of court-ordered involuntary
treatment.
3306. Transfer of persons in involuntary treatment.
3307. Appeal of mental health review officer findings.
§ 3301. Persons who may be subject to involuntary emergency
examination and treatment.
(a) Applicability.--
(1) A person who is severely mentally disabled and in
need of:
(i) immediate treatment may be subject to
involuntary emergency examination and treatment; or
(ii) assisted outpatient treatment as provided in
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subsection (i) may be subject to assisted outpatient
treatment.
(2) In order to be severely mentally disabled there must
be a determination of clear and present danger, as specified
in subsections (b), (c), (d), (e) and (f).
(b) Determination of clear and present danger of harm to
others.--Clear and present danger to others shall be shown by
establishing that within the past 30 days the person has
inflicted or attempted to inflict serious bodily harm on another
or caused substantial property damage and that there is a
reasonable probability that the conduct will be repeated.
(c) Determination of clear and present danger of harm to
self by neglect.--Clear and present danger of harm to self by
neglect shall be shown by both of the following criteria:
(1) Within the past 30 days the person has acted in a
manner as to evidence that the person would be unable,
without care, supervision and the continued assistance of
others, to satisfy the person's need for nourishment,
personal or medical care, shelter, self-protection and
safety.
(2) There is a reasonable probability that death,
serious bodily injury or serious physical or mental
debilitation would ensue within 30 days unless adequate
treatment were afforded under this part.
(d) Determination of clear and present danger to self by
reoccurrence and relapse.--Clear and present danger of harm to
self by reoccurrence and relapse shall be shown by establishing
all of the following criteria:
(1) The person has a serious mental illness that has
been diagnosed and documented by a licensed psychiatrist.
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(2) Within the past 24 months the person has been
involuntarily examined and treated under the provisions of
this chapter in an approved inpatient facility at least two
times.
(3) The person is exhibiting symptoms or behavior
substantially similar to those that preceded and led to one
or more of the inpatient placements referred to in paragraph
(2).
(4) There is a reasonable probability that death,
serious bodily injury or serious physical or mental
debilitation would ensue within 30 days unless adequate
treatment were afforded under this part.
(e) Determination of clear and present danger to self by
suicide.--Clear and present danger of harm to self by suicide
shall be shown by establishing that within the past 30 days the
person has attempted suicide and that there is the reasonable
probability of suicide unless adequate treatment is afforded
under this part.
(f) Determination of clear and present danger to self by
self-mutilation.--Clear and present danger to self by self-
mutilation shall be shown by establishing that within the past
30 days the person has committed substantial self-mutilation or
attempted to commit substantial self-mutilation and that there
is the reasonable probability of self-mutilation unless adequate
treatment is afforded under this part.
(g) Special rule for persons involved in criminal justice
system.--
(1) If a person has been found incompetent to proceed on
criminal charges or has been acquitted by reason of lack of
criminal responsibility on charges arising from conduct
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involving infliction of or attempt to inflict substantial
bodily harm on another, the 30-day period specified in
subsection (b) shall not apply so long as an application for
examination and treatment is filed within 30 days after the
date of the incompetency determination or verdict of
acquittal.
(2) In such case, a clear and present danger to others
may be shown by establishing that the conduct charged in the
criminal proceeding did occur and that there is a reasonable
probability that such conduct will be repeated.
(h) Threats of harm as clear and present danger.--For the
purpose of determining a clear and present danger under
subsections (b), (e) and (f), a clear and present danger of harm
may be demonstrated by proof that the person has made threats of
harm and has committed acts in furtherance of the threat to
commit harm.
(i) Determination of need for assisted outpatient
treatment.--
(1) The need for assisted outpatient treatment shall be
shown by establishing by clear and convincing evidence that
the person would benefit from assisted outpatient treatment
as manifested by evidence of behavior that indicates all of
the following:
(i) The person is unlikely to survive safely in the
community without supervision, based on a clinical
determination.
(ii) The person has a history of lack of voluntary
adherence to treatment for mental illness and one of the
following applies:
(A) At least twice within the 36 months prior to
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the filing of a petition seeking assisted outpatient
treatment, the person's failure to adhere to
treatment has been a significant factor in
necessitating inpatient hospitalization or receipt of
services in a forensic or other mental health unit of
a correctional facility, provided that the 36-month
period shall be extended by the length of
hospitalization or incarceration of the person in a
correctional institution that occurred within the 36-
month period.
(B) Within the 48 months prior to the filing of
a petition seeking assisted outpatient treatment, the
person's failure to adhere to treatment resulted in
one or more acts of serious violent behavior toward
others or himself or threats of, or attempts at,
serious physical harm to others or himself, provided
that the 48-month period shall be extended by the
length of hospitalization or incarceration of the
person in a correctional institution that occurred
within the 48-month period.
(iii) The person, as a result of the person's mental
illness, is unlikely to voluntarily participate in
necessary treatment.
(iv) Based on the person's treatment history and
current behavior, the person is in need of treatment in
order to prevent a relapse or deterioration that would be
likely to result in substantial risk of serious harm to
the others or himself.
(2) An individual who meets only the criteria described
in paragraph (1) shall not be subject to involuntary
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inpatient hospitalization unless a separate determination is
made that the individual poses a clear and present danger in
accordance with this section.
§ 3302. Involuntary emergency examination and treatment.
(a) Application for examination.--Emergency examination may
be undertaken at a facility based upon any of the following:
(1) A certification of a physician stating the need for
an examination.
(2) A warrant issued by the county administrator after
receipt of a written application by a physician, a licensed
clinical psychologist or other responsible party specifying
facts constituting reasonable grounds to believe a person is
severely mentally disabled and in need of immediate
treatment. The warrant may require an authorized person or
law enforcement personnel to take the person to the facility
specified in the warrant.
(3) Upon personal observation of conduct constituting
reasonable grounds to believe that a person is severely
mentally disabled and in need of immediate treatment, a
physician, licensed clinical psychologist, law enforcement
personnel or an authorized person may take the person to an
approved facility for an emergency examination. Upon arrival,
the person who observed the conduct shall make a written
statement specifying the grounds for believing the person to
be in need of an examination.
(b) Examination and determination of need for treatment.--
Emergency examination and treatment shall be conducted as
follows:
(1) A person taken to a facility shall be examined by a
physician within two hours of arrival in order to determine
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if the person is severely mentally disabled and in need of
immediate treatment.
(2) If it is determined that the person is severely
mentally disabled and in need of emergency treatment,
treatment shall be initiated immediately.
(3) If the physician does not find the person to be
severely mentally disabled and in need of immediate
treatment, or if at any time it appears there is no longer a
need for immediate treatment, the person shall be discharged
and returned to a reasonable location that the person
directs.
(4) The physician shall make a record of the examination
and findings.
(5) A person may not be accepted for involuntary
emergency treatment if a previous application was granted for
involuntary emergency treatment and the new application is
not based on behavior occurring after the previous
application.
(c) Enforcement of rights at emergency examination.--Upon
arrival at a facility of a person subject to this section, the
following shall apply:
(1) The person shall be informed of the reasons for the
emergency examination and the right to communicate
immediately with others.
(2) The person shall be given reasonable use of a
telephone.
(3) The person shall be requested to furnish the names
of parties whom he may want notified of his custody and kept
informed of his status.
(4) The county administrator or the director of the
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facility shall:
(i) Give notice to the parties identified in
paragraph (3) of the whereabouts and status of the
person, how and when contact and visits may be made and
how the parties may obtain information concerning the
person while in inpatient treatment.
(ii) Take reasonable steps to assure that while the
person is detained, the health and safety needs of the
person's dependents are met and that the person's
personal property and the premises the person occupies
are secure.
(d) Duration of emergency examination and treatment.--A
person who is in treatment under this section shall be
discharged whenever it is determined that the person no longer
is in need of treatment, but in all cases within 120 hours of
the commencement of treatment, unless within this period either
of the following occurs:
(1) The person is admitted to voluntary treatment under
section 3202 (relating to application for voluntary
treatment).
(2) A certification for extended involuntary emergency
treatment is filed in accordance with section 3303 (relating
to extended involuntary emergency treatment).
§ 3303. Extended involuntary emergency treatment.
(a) Application.--Application for extended involuntary
emergency treatment may be made in accordance with the
following:
(1) A facility determines that the need for emergency
treatment is likely to extend beyond 120 hours for a person
who is being treated under section 3302 (relating to
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involuntary emergency examination and treatment).
(2) The application shall be filed in the court of
common pleas.
(3) The application shall state the grounds on which
extended emergency treatment is believed to be necessary.
(4) The application shall state the name of an examining
physician and the substance of the physician's opinion
regarding the mental condition of the person.
(b) Appointment of counsel.--Upon receipt of an application
under subsection (a), the court shall appoint counsel to
represent the person unless it appears that the person can
afford, and desires to have, private representation.
(c) Procedures.--An informal conference shall be conducted
by the court or a mental health review officer within 24 hours,
if practicable, after the application is filed, at the facility
and shall be subject to the following requirements:
(1) At the commencement of the informal conference, the
court or a mental health review officer shall inform the
person of the nature of the proceedings.
(2) Information relevant to whether the person is
severely mentally disabled and in need of treatment shall be
reviewed, including the reasons that continued involuntary
treatment is considered necessary.
(3) The information presented in paragraph (2) shall be
made by a physician who examined the person and shall be in
terms understandable to a layperson.
(4) The court or mental health review officer may review
relevant information regardless of whether the information
would be normally excluded under rules of evidence, if the
court or mental health review officer believes that the
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information is reliable.
(5) The person subject to the proceeding or the person's
representative shall have the right to ask questions of the
physician and witnesses and to present relevant information.
(6) A record of the proceedings, which need not be a
stenographic record, shall be made. The record shall be kept
by the court or mental health review officer for at least one
year.
(d) Determination.--At the conclusion of the conference
under subsection (c), the court or mental health review officer
shall make a determination as to whether the person is severely
mentally disabled and in need of continued involuntary
treatment, either as an inpatient or through less restrictive
assisted outpatient treatment subject to the following:
(1) If the person is not determined to be severely
mentally disabled and in need of continued involuntary
treatment, the judge of the court of common pleas or mental
health review officer shall direct the director of the
facility or the director's designee to discharge the person.
(2) If the judge of the court of common pleas or mental
health review officer determines that the person is severely
mentally disabled and in need of continued involuntary
treatment, a certification for extended involuntary treatment
shall be made subject to the following requirements:
(i) The certification shall be filed with the
director of the facility and a copy served on the person,
counsel for the person and other parties as the person
requested to be notified under section 3302(c)(3).
(ii) Upon the filing and service of a certification
for extended involuntary emergency treatment, the person
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may be given treatment in an approved facility for a
period of not more than 20 days.
(e) Form and contents of certification.--The certification
shall be made in writing upon a form adopted by the department
and shall include the following information:
(1) Findings by the court or mental health review
officer as to the reasons that extended involuntary emergency
treatment is necessary.
(2) A description of the treatment to be provided,
together with an explanation of the adequacy and
appropriateness of the treatment, based upon the information
received at the informal conference under subsection (c).
(3) Any documents required under section 3302.
(4) The application filed under subsection (a).
(5) A statement that the person is represented by
counsel.
(6) An explanation of the effect of the certification,
the person's right to petition the court for release and the
continuing right to be represented by counsel.
(f) Duration.--When a person is no longer determined to be
severely mentally disabled or in need of immediate treatment and
within 20 days after the filing of the certification under
subsection (d), the person shall be discharged, unless within
this period either of the following occurs:
(1) The person is admitted to voluntary treatment under
section 3202 (relating to application for voluntary
treatment).
(2) The court orders involuntary treatment under section
3304 (relating to court-ordered involuntary treatment).
§ 3304. Court-ordered involuntary treatment.
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(a) Application.--A petition for court-ordered involuntary
treatment may be made for any of the following persons:
(1) A person already subject to treatment under this
section or section 3303 (relating to extended involuntary
emergency treatment) or 3305 (relating to additional periods
of court-ordered involuntary treatment).
(2) A person who is severely mentally disabled, in need
of treatment and determined to be a clear and present danger
of harm to self or others under section 3301 (relating to
persons who may be subject to involuntary emergency
examination and treatment) or upon determination that a
person meets the requirements under section 3301(i).
(b) Procedures for person already in involuntary
treatment.--A petition for court-ordered involuntary treatment
under this section may be filed for a person described in
subsection (a)(1) , subject to the following conditions:
(1) The petition may be made to the court by the county
administrator or the director of the facility.
(2) The petition shall be in writing upon a form adopted
by the department and shall include the following:
(i) A statement of the facts constituting reasonable
grounds to believe that the person is severely mentally
disabled and in need of treatment.
(ii) The name of an examining physician and the
substance of the physician's opinion regarding the mental
condition of the person.
(iii) A statement that the person has been given the
information required under paragraph (3).
(3) Upon the filing of the petition the county
administrator shall serve a copy on the person, counsel for
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the person and those designated to be kept informed as
provided in section 3302(c) (relating to involuntary
emergency examination and treatment), including an
explanation of the nature of the proceedings, the person's
right to counsel and the services of an expert in the field
of mental health, as provided under subsection (d).
(4) A hearing on the petition, shall be held in all
cases within five days after the filing of the petition.
(5) Treatment shall be permitted to be maintained
pending the determination of the petition.
(6) It shall be sufficient to represent, and upon
hearing to reestablish, that the conduct originally required
by section 3301 occurred and that the person's condition
continues to evidence a clear and present danger of harm to
self or others. In such event, it shall not be necessary to
show the reoccurrence of dangerous conduct, either harmful or
debilitating, within the past 30 days.
(b.1) Procedures for initiating assisted outpatient
treatment for persons already subject to involuntary
treatment.--
(1) Petition for assisted outpatient treatment for
persons already subject to involuntary treatment under
section 3301, or persons with serious mental illness subject
to treatment in a forensic facility or a correctional
institution who are ready for release, may be made by the
county administrator or the director of the facility to the
court of common pleas.
(2) The petition shall be in writing upon a form adopted
by the department and include a statement of the facts
constituting reasonable grounds to believe that the person
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is:
(i) No longer determined to be in need of
involuntary inpatient treatment under section 3301, or no
longer subject to treatment in a forensic facility or
correctional institution.
(ii) Determined to be in need of assisted outpatient
treatment under section 3301(i).
(3) The petition shall state the name of an examining
physician and the substance of his opinion regarding the
mental condition of the person. It shall also state that the
person has been given the information required under
paragraph (4).
(4) Upon the filing of the petition, the county
administrator shall serve a copy on the person, his attorney
and those designated to be kept informed, as provided in
section 3302(c), including an explanation of the nature of
the proceedings, the person's right to an attorney and the
services of an expert in the field of mental health, as
provided by subsection (d).
(5) A hearing on the petition shall be held in all cases
not more than five days after the filing of the petition.
(6) Treatment shall be permitted to be maintained
pending the determination of the petition.
(b.2) Procedures for initiating assisted outpatient
treatment for persons not in involuntary treatment.--
(1) A responsible party may file a petition in the court
of common pleas requesting assisted outpatient treatment for
a person determined under section 3301(i) to be in need of
assisted outpatient treatment and in involuntary treatment,
and who is not already in involuntary treatment or assisted
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outpatient treatment, for whom application could be made
under subsection (a).
(2) The petition shall be in writing upon a form adopted
by the department and shall state facts constituting
reasonable grounds to believe that the person meets the
criteria under section 3301(i) for a person in need of
assisted outpatient treatment. The petition shall state the
name of an examining physician and shall be accompanied by a
statement of a psychiatrist, or a statement signed by a
clinical psychologist and a statement signed by a physician,
stating that the person who issued the petition has examined
the person and is of the opinion that the person is in need
of assisted outpatient treatment, or shall be accompanied by
a written statement by the applicant, under oath, that the
person has refused to submit to an examination by a
psychiatrist, or by a clinical psychologist and physician.
(3) Upon a determination that the petition states
reasonable cause, the court shall appoint an attorney to
represent the person and set a date for the hearing as soon
as practicable. The attorney shall represent the person
unless it appears the person can afford, and desires to have,
private representation.
(4) The court, by summons, shall direct the person to
appear for a hearing. The court may issue a warrant directing
an individual authorized by the county administrator or law
enforcement personnel to bring the person before the court at
the time of the hearing if there are reasonable grounds to
believe that the person will not appear voluntarily. A copy
of the petition shall be served on the person at least three
days before the hearing together with a notice advising him
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that an attorney has been appointed who shall represent him
unless he obtains an attorney himself, that he has a right to
be assisted in the proceedings by an expert in the field of
mental health and that he may request or be made subject to
psychiatric examination under paragraph (5).
(5) Upon motion of either the petitioner or the person,
or upon its own motion, the court may order the person to be
examined by a psychiatrist appointed by the court. The
examination shall be conducted on an outpatient basis and the
person shall have the right to have counsel present. A report
of the examination shall be given to the court and counsel at
least 48 hours prior to the hearing.
(6) Involuntary treatment shall not be authorized during
the pendency of a petition except in accordance with sections
3302 and 3303.
(c) Procedures for persons not already in involuntary
treatment.--A petition for court-ordered involuntary treatment
for a person not already in involuntary treatment shall be
subject to the following conditions:
(1) A responsible party may file a petition in the court
of common pleas requesting court-ordered involuntary
treatment.
(2) The petition shall be in writing upon a form adopted
by the department and shall state the following:
(i) The facts constituting reasonable grounds to
believe that the person meets the criteria for court-
ordered treatment under subsection (a).
(ii) The name of an examining physician and the
substance of the physician's opinion regarding the mental
condition of the person.
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(3) Upon a determination that the petition states
reasonable cause, the court shall appoint counsel to
represent the person and set a date for the hearing as soon
as practicable. The attorney shall represent the person
unless it appears the person can afford, and desires to have,
private representation.
(4) The court, by summons, shall direct the person to
appear for a hearing. The following requirements shall apply
to the person's appearance for the hearing:
(i) The court may issue a warrant directing an
authorized person or law enforcement personnel to bring
the person before the court at the time of the hearing if
there are reasonable grounds to believe that the person
will not appear voluntarily.
(ii) A copy of the petition shall be served on the
person at least three days before the hearing, together
with a notice informing the person of the following:
(A) That counsel has been appointed who shall
represent the person unless the person obtains other
counsel.
(B) That the person has a right to be assisted
in the proceedings by a mental health professional
under subsection (d).
(C) That the person may request or be made
subject to psychiatric examination under paragraph
(5).
(5) Upon motion of either the petitioner or the person,
or upon its own motion, the court may order the person to be
examined by a licensed psychiatrist appointed by the court,
subject to the following conditions:
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(i) The examination shall be conducted on an
outpatient basis.
(ii) The person shall have the right to have counsel
present.
(iii) A report of the examination shall be given to
the court and counsel at least 48 hours prior to the
hearing.
(6) Involuntary treatment may not be authorized during
the pendency of a petition except in accordance with section
3302 or 3303.
(d) Professional assistance.--A person with respect to whom
a hearing has been ordered under this section shall be informed
of the right to employ a physician, licensed clinical
psychologist or other expert in mental health of the person's
choice to assist the person in connection with the hearing and
testify on the person's behalf. If the person cannot afford to
engage a mental health professional, the court shall, on
application, allow a reasonable fee for that purpose. The fee
shall be a charge against the mental health and intellectual
disability program of the county.
(e) Conduct of hearing.--A hearing on a petition for court-
ordered involuntary treatment shall be conducted in accrodance
with the following:
(1) The person shall have the right to counsel and the
assistance of a mental health professional under subsection
(d).
(2) The person shall not be called as a witness without
the person's consent.
(3) The person shall have the right to confront and
cross-examine all witnesses and to present evidence on the
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person's own behalf.
(4) The hearing shall be public unless it is requested
to be private by the person or the person's counsel.
(5) A stenographic record or other sufficient record
shall be made, which shall be impounded by the court and may
be obtained or examined only upon the request of the person
or the person's counsel or by order of the court on good
cause shown.
(6) The hearing shall be conducted by the court or a
mental health review officer and may be held at a location
other than a courthouse when doing so appears to be in the
best interest of the person.
(7) A decision shall be rendered within 48 hours after
the close of evidence.
(8) If the person is believed to be in need of assisted
outpatient treatment under section 3301(i), a hearing on the
petition shall be conducted in accordance with the following:
(i) No later than the date of the hearing, a mental
health professional shall provide a written proposed
assisted outpatient treatment plan to the court. The plan
shall state all treatment services recommended for the
person and, for each service, shall specify a provider
that has agreed to provide the service.
(ii) In developing a written proposed assisted
outpatient treatment plan, the qualified mental health
professional shall take into account, if existing, an
advance directive for adequate treatment and provide the
following persons with an opportunity to participate:
(A) the person believed to be in need of
assisted outpatient treatment;
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(B) all current treating providers;
(C) upon the request of the person believed to
be in need of assisted outpatient treatment, an
individual significant to the person, including any
relative, close friend or individual otherwise
concerned with the welfare of the person; and
(D) an authorized guardian or other surrogate
decision maker.
(iii) The written proposed assisted outpatient
treatment plan shall include case management services or
an assertive community treatment team to provide care
coordination and assisted outpatient treatment services
recommended by the mental health professional. If the
plan includes medication, it shall state whether the
medication should be self-administered or administered by
a specified provider and shall specify type and dosage
range of medication. In no event shall the plan recommend
the use of physical force or restraints to administer
medication to the person.
(iv) A mental health professional, who has
personally examined the person within 10 days of the
filing of the petition, shall provide testimony in
support of the finding that the person meets all of the
criteria for assisted outpatient treatment and in support
of a written proposed treatment plan developed pursuant
to this section including:
(A) the recommended assisted outpatient
treatment, the rationale for the recommended assisted
outpatient treatment and the facts that establish
that the assisted outpatient treatment is the least
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restrictive appropriate alternative;
(B) information regarding the person's access
to, and the availability of, recommended assisted
outpatient treatment in the community or elsewhere;
and
(C) if the recommended assisted outpatient
treatment includes medication, the types or classes
of medication that should be authorized, the
beneficial and detrimental physical and mental
effects of the medication and whether the medication
should be self-administered or administered by a
specified provider and the ongoing process for
management of the medication in response to changes
in the person's medical condition.
(9) A decision shall be rendered within 48 hours after
the close of evidence.
(f) Standard of proof and treatment alternatives.--
(1) Upon a finding by clear and convincing evidence that
the person is severely mentally disabled and in need of
adequate treatment and subject to subsection (a), an order
shall be entered directing treatment of the person in an
approved facility as an inpatient or outpatient, or a
combination of such treatment as the director of the facility
shall determine.
(2) Inpatient treatment shall be deemed appropriate only
after full consideration has been given to less restrictive
alternatives, including assisted outpatient treatment. An
order for inpatient treatment shall include findings on the
investigation of treatment alternatives, which shall include
consideration of the person's relationship to community and
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family, employment possibilities, all available community
resources and guardianship services.
(3) If the person is found to be in need of assisted
outpatient treatment in accordance with section 3301(i) or as
a result of consideration of less restrictive alternatives
under paragraph (2), the court shall order the person to
receive assisted outpatient treatment for a period not to
exceed 90 days from a provider or facility approved by the
department or the county administrator for purposes of
providing assisted outpatient treatment. A jail or any other
State or county correctional institution shall not be an
authorized facility under this paragraph.
(4) The provider or facility shall examine and treat the
person in accordance with the assisted outpatient treatment
plan. If the person is receiving assisted outpatient
treatment, or receives treatment in an outpatient setting
during a subsequent period of continued commitment under
section 3305, the facility or provider to whom the person is
ordered shall determine the appropriate assisted outpatient
treatment plan for the person.
(5) If the approved court-ordered assisted outpatient
treatment plan includes medication, the court order shall
authorize the treatment team, in accordance with the
treatment team's professional judgment, to perform routine
medication management, including adjustment of specific
medications and doses, in consultation with the person and as
warranted by changes in the person's medical condition.
(6) The provider or facility responsible for the
assisted outpatient treatment plan shall inform the court if
the person materially fails to adhere to the treatment plan
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and comply with the court order. If the court receives
information that a patient is not complying with the court's
order, the court may take any of the following actions:
(i) set a modification hearing to assess the
person's failure to adhere to the assisted outpatient
treatment plan;
(ii) amend the assisted outpatient treatment plan to
foster adherence to necessary treatment by the person; or
(iii) issue an order for temporary detention if a
petition is filed under subsection (b). A State or county
correctional institution may not be considered an
authorized treatment facility under this paragraph.
(7) If the court determines under paragraph (5) that the
person has failed to adhere to the assisted outpatient
treatment plan, the court may not hold that person in
contempt or otherwise sanction the person solely based on the
failure to comply with the assisted outpatient treatment
plan.
(g) Duration.--
(1) Except as provided in paragraph (2), a person may be
made subject to court-ordered involuntary treatment under
this section for a period of not more than 90 days.
(2) A person may be made subject to court-ordered
involuntary treatment under this section for a period of not
more than one year if the person meets both of the following
criteria:
(i) The finding of severe mental disability is based
on the following offenses:
18 Pa.C.S. § 2502 (relating to murder).
18 Pa.C.S. § 2503 (relating to voluntary
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manslaughter).
18 Pa.C.S. § 2702 (relating to aggravated
assault).
18 Pa.C.S. § 2901 (relating to kidnapping).
18 Pa.C.S. § 3121(a)(1) and (2) (relating to
rape).
18 Pa.C.S. § 3123(a)(1) and (2) (relating to
involuntary deviate sexual intercourse).
18 Pa.C.S. § 3301 (relating to arson and related
offenses).
(ii) A finding of incompetency to proceed on
criminal charges or a verdict of acquittal because of
lack of criminal responsibility has been entered.
(3) Subject to paragraph (4), if at any time the
director of a facility concludes that the person is not
severely mentally disabled or in need of treatment under
subsection (a), the director shall discharge the person.
(4) No person subjected to involuntary treatment under
paragraph (2) may be discharged without a hearing conducted
under subsection (h).
(5) A person may be subject to assisted outpatient
treatment for a period not to exceed 180 days if the person
meets the criteria established under paragraph (6).
(6) A person may be subject to assisted outpatient
treatment for a period of up to 180 days if the person
continues to meet the requirements of section 3301(i) or is
being discharged from involuntary inpatient treatment under
this chapter.
(h) Hearing.--In cases involving involuntary treatment under
subsection (g)(2), the following shall apply:
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(1) The director of a facility shall petition the court
which ordered the involuntary treatment for the unconditional
or conditional release of the person when either of the
following occurs:
(i) The period of court-ordered involuntary
treatment is about to expire and neither the director nor
the county administrator intends to apply for an
additional period of court-ordered involuntary treatment
under section 3305.
(ii) At any time the director concludes that the
person is not severely mentally disabled or in need of
treatment.
(2) Notice of the petition shall be given to the person,
the county administrator and the district attorney of the
county where the criminal charges under subsection (g)(2)
were filed.
(3) Within 15 days after the petition has been filed,
the court shall hold a hearing to determine if the person is
severely mentally disabled and in need of treatment.
(4) Petitions which must be filed because the period of
involuntary treatment will expire shall be filed at least 10
days prior to the expiration of the court-ordered period of
involuntary treatment.
(5) If the court determines after the hearing that the
person is severely mentally disabled and in need of
treatment, the court may order additional involuntary
treatment not to exceed one year. If the court does not so
determine, it shall order the discharge of the person.
§ 3305. Additional periods of court-ordered involuntary
treatment.
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(a) Application.--Upon the application of the county
administrator or the director of a facility in which a person is
receiving treatment at the expiration of a period of court-
ordered involuntary treatment under section 3304(g) (relating to
court-ordered involuntary treatment) or this section, the court
may order treatment for an additional period.
(b) Basis of order.--The order under subsection (a) shall be
entered upon a hearing on findings as required for persons
already in involuntary treatment under section 3304(a) and (b)
and the further finding of a need for continuing involuntary
treatment as shown by conduct during the person's most recent
period of court-ordered treatment.
(c) Duration.--
(1) Except as provided in paragraph (2), the additional
period of involuntary treatment shall be not more than 180
days.
(2) Persons meeting the criteria of section 3304(g)(2)
may be subject to an additional period of up to one year of
involuntary treatment.
(d) Less restrictive alternative placements.--A person found
dangerous to self under section 3301(c), (d), (e) or (f)
(relating to persons who may be subject to involuntary emergency
examination and treatment) shall be subject to an additional
period of involuntary full-time inpatient treatment only if the
person has first been released to a less restrictive
alternative. This limitation shall not apply where, upon
application made by the county administrator or the director of
a facility, it is determined by the court or mental health
review officer that the release would not be in the best
interests of the person.
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(e) Assisted outpatient treatment.--At the expiration of a
period of assisted outpatient treatment under section 3304(g) or
this section, the court may order treatment for an additional
period upon the application of the county administrator or the
treatment team. The order of treatment shall be entered upon a
hearing as required under section 3304 and the further finding
of a need for continuing assisted outpatient treatment. The
additional period of involuntary treatment shall not exceed 180
days.
(f) Notice.--The director of the facility in which the
person is receiving treatment shall notify the county
administrator at least 10 days prior to the expiration of a
period of involuntary treatment ordered under section 3304 or
this section.
§ 3306. Transfer of persons in involuntary treatment.
(a) Transfer permitted.--Subject to subsections (b) and (c),
a person in involuntary treatment under this part may be
transferred to an approved facility.
(b) Notice.--In the absence of an emergency, persons
committed under section 3304(g)(2) (relating to court-ordered
involuntary treatment) may not be transferred unless written
notice is given to the court and the district attorney in the
committing county and no objection is noted from either the
court or the district attorney within 20 days of receipt of the
notice. If the court or district attorney objects to the
transfer, a hearing shall be held by the court within 20 days to
review the commitment order. A decision shall be rendered within
48 hours after the close of evidence.
(c) Necessity of transfer.--When a transfer will constitute
a greater restraint, it shall not take place unless, upon
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hearing, the court or mental health review officer finds it to
be necessary and appropriate.
§ 3307. Appeal of mental health review officer findings.
In all cases in which a proceeding under section 3303(c)
(relating to extended involuntary emergency treatment), 3304
(relating to court-ordered involuntary treatment), 3305
(relating to additional periods of court-ordered involuntary
treatment) or 3306 (relating to transfer of persons in
involuntary treatment) was conducted by a mental health review
officer, a person made subject to treatment under those sections
shall have the right to petition the court for review of the
certification, subject to the following requirements:
(1) A hearing shall be held within 72 hours after the
petition is filed unless a continuance is requested by the
person's counsel.
(2) The hearing shall include a review of the
certification and any evidence as the court may receive or
require.
(3) If the court determines that further involuntary
treatment is necessary and that the procedures prescribed by
this part have been followed, it shall deny the petition.
Otherwise, the court shall order the discharge of the person.
CHAPTER 34
DETERMINATIONS AFFECTING THOSE CHARGED
WITH CRIME OR UNDER SENTENCE
Sec.
3401. Examination and treatment of person charged with crime or
serving sentence.
3402. Incompetence to proceed on criminal charges.
3403. Incompetency hearing procedures and effect and dismissal
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of charges.
3404. Determination of criminal responsibility.
3405. Examination of person charged with crime in aid of
sentencing.
3406. Application for court-ordered involuntary treatment.
3407. Voluntary treatment of person charged with crime or
serving sentence.
§ 3401. Examination and treatment of person charged with crime
or serving sentence.
(a) Persons subject to civil provisions.--If a person who is
charged with a crime or serving a sentence is or becomes
severely mentally disabled, proceedings may be instituted under
Chapter 32 (relating to voluntary inpatient examination and
treatment) or 33 (relating to involuntary examination and
treatment), except that the proceedings shall not affect the
conditions of security required by the person's criminal
detention or incarceration.
(b) Persons i n United States Department of Veterans Affairs
facilities.--Proceedings under this section shall not be
initiated for examination and treatment at a Department of
Veterans Affairs facility if either of the following apply:
(1) The examination and treatment require the
preparation of competency reports.
(2) The facility is required to maintain custody and
control over the person.
(c) Transfer for examination and treatment.--A person who is
detained on criminal charges or incarcerated and made subject to
inpatient examination or treatment shall be transferred to a
facility for that purpose. Transfer may be made to a Department
of V eterans Affairs facility if custody or control is not
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required in addition to examination and treatment. Individuals
transferred to a Department of Veterans Affairs facility are not
subject to return by the agency to the authority entitled to
have the individuals in custody.
(d) Security provisions.--The following shall apply:
(1) During the period of examination and treatment,
provisions for the person's security shall continue to be
enforced, unless any of the following occurs in the interim:
(i) A pretrial release is effected.
(ii) The term of imprisonment expires or is
terminated.
(iii) It is otherwise ordered by the court having
jurisdiction over the person's criminal status.
(2) In instances where a person is charged with offenses
listed under section 3304(g)(2) (relating to court-ordered
involuntary treatment) and the court deems it desirable after
the hearing, security equivalent to the institution to which
the person is incarcerated shall be provided.
(e) Effect of discharge.--Upon discharge from treatment, a
person who is or remains subject to a detainer or sentence shall
be returned to the authority entitled to have the person in
custody. The period of involuntary treatment shall be credited
as time served on account of a sentence to be imposed on pending
charges or an unexpired term of imprisonment.
(f) Persons subject to Juvenile Act.--The provisions of
Chapter 33 which are applicable to the person's age shall apply
to all proceedings for examination and treatment of a person who
is subject to a petition or who has been committed under 42
Pa.C.S. Ch. 63 (relating to juvenile matters). If the person is
in detention or is committed, the court having jurisdiction
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under 42 Pa.C.S. Ch. 63 shall determine whether the security
conditions shall continue to be enforced during any period of
involuntary treatment and to whom the person should be released.
§ 3402. Incompetence to proceed on criminal charges.
(a) Person incompetent but not severely mentally disabled.--
Notwithstanding the provisions of Chapter 33 (relating to
involuntary examination and treatment), a court may order
involuntary treatment of a person found incompetent to proceed
on criminal charges who is not severely mentally disabled
subject to the following:
(1) The involuntary treatment shall not exceed 60 days.
(2) Involuntary treatment under this subsection may be
ordered only if the court is reasonably certain that the
involuntary treatment will provide the person with the
capacity to proceed on criminal charges.
(3) The court may order assisted outpatient treatment or
inpatient treatment.
(b) Application for incompetency examination.--Application
to the court for an order directing an incompetency examination
may be presented by any of the following:
(1) An attorney for the Commonwealth.
(2) A person charged with a crime.
(3) Counsel to a person charged with a crime.
(4) The director or a facility in which the person is
detained.
(c) Hearing.--The following shall apply:
(1) The court, either upon an application under
subsection (b) or on its own motion, may order an
incompetency examination at any stage in the proceedings and
may do so without a hearing unless the person charged with a
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crime or the person's counsel objects to the examination.
(2) If the person or the person's counsel objects to the
examination, an examination shall be ordered only after
determination at a hearing that there is a prima facie
question of incompetency.
(d) Conduct of examination and report.--When the court
orders an incompetency examination:
(1) The examination shall be conducted:
(i) as an outpatient examination unless an inpatient
examination is, or has been, authorized under another
provision of this part; and
(ii) by at least one licensed psychiatrist or
licensed clinical psychologist and may relate both to
competency to proceed on criminal charges and to criminal
responsibility for the crime charged.
(2) The person shall be entitled to have counsel present
and may not be required to answer any questions or to perform
tests unless the person has moved for or agreed to the
examination. Nothing said or done by the person during the
examination may be used as evidence against the person in any
criminal proceedings on any issue other than that of the
person's mental condition.
(3) A report shall be submitted to the court and counsel
for the person and shall contain a description of the
examination, which shall include all of the following:
(i) Diagnosis of the person's mental condition.
(ii) An opinion as to the person's capacity to
understand the nature and object of the criminal
proceedings against the person and to assist in the
person's own defense.
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(iii) When so requested, an opinion as to the
person's mental condition in relation to the standards
for criminal responsibility as then provided by law if it
appears that the facts concerning the person's mental
condition may also be relevant to the question of legal
responsibility.
(iv) When so requested, an opinion as to whether the
person had the capacity to have a particular state of
mind, where such state of mind is a required element of
the criminal charge.
(e) Experts.--The court may allow a licensed psychiatrist or
licensed clinical psychologist retained by the person and a
licensed psychiatrist or licensed clinical psychologist retained
by the Commonwealth to witness and participate in the
examination of the person. When a person who is financially
unable to retain an expert has a substantial objection to the
conclusions reached by the court-appointed licensed psychiatrist
or licensed clinical psychologist, the court shall allow
reasonable compensation for the employment of a licensed
psychiatrist or licensed clinical psychologist of the person's
selection, which amount shall be chargeable against the mental
health and intellectual disability program of the county.
(f) Time limit on determination.--The determination of the
competency of a person who is detained under a criminal charge
shall be rendered by the court within 20 days after the receipt
of the report of examination unless the hearing was continued at
the person's request.
§ 3403. Incompetency hearing procedures and effect and
dismissal of charges.
(a) Standard and burden of proof.--Except for an
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incompetency examination ordered by the court on its own motion
as provided for in section 3402(c) (relating to incompetence to
proceed on criminal charges ) , the individual making an
application to the court for an order directing an incompetency
examination shall have the burden of establishing incompetency
to proceed by a preponderance of the evidence. Upon completion
of the examination, a determination of incompetency shall be
made by the court where incompetency is established by a
preponderance of the evidence.
(b) Stay of proceedings.--A determination of incompetency to
proceed on criminal charges shall effect a stay of the
prosecution for so long as the incompetency persists, subject to
the following exceptions:
(1) Any legal objections suitable for determination
prior to trial and without the participation of the person
charged may be raised and decided in the interim.
(2) Except in cases of first and second degree murder,
in no instance shall the proceedings be stayed for a period
in excess of the maximum sentence of confinement that may be
imposed for a crime charged or 10 years, whichever is less.
(3) In cases of a charge of first or second degree
murder, there shall be no limit on the period during which
proceedings may be stayed.
(c) Right to counsel.--A person who is determined to be
incompetent to proceed on criminal charges shall have a
continuing right to counsel so long as the criminal charges are
pending.
(d) Periodic reexamination.--Following a determination of
incompetence to proceed on criminal charges, the person charged
shall be reexamined not less than every 90 days by a licensed
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psychiatrist appointed by the court. A report of reexamination
shall be submitted to the court and counsel for the person.
(e) Effect on criminal detention.--A determination that a
person is incompetent to proceed on criminal charges shall
affect criminal detention as follows:
(1) Incompetency to proceed on criminal charges is not
sufficient reason on its own to deny the person pretrial
release.
(2) The person shall not be detained on the criminal
charge longer than the reasonable period of time necessary to
determine whether there is a substantial probability that the
person will attain competency in the foreseeable future.
(3) If the court determines there is no substantial
probability that the person will attain competency, it shall
discharge the person.
(4) A person may continue to be criminally detained so
long as substantial probability exists that the person will
attain competency, but in no event longer than the period of
time specified in subsection (b).
(f) Resumption of proceedings or dismissal.--When the court,
on its own motion or upon the application of the attorney for
the Commonwealth or counsel for the person, determines that the
person has regained competency to proceed on criminal
charges, the proceedings shall be resumed. If the court is of
the opinion that, by reason of the passage of time and its
effect upon the criminal proceedings, it would be unjust to
resume the prosecution, the court may dismiss the charge and
order the person discharged.
(g) Reexamination following discharge.--If the person is
discharged under subsection (e), but the charges remain open
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under subsection (b)(2) and (3), the following shall apply:
(1) The court discharging the person shall, on its own
motion or on the motion of the Commonwealth or on the motion
of the defense, order the person to submit to a psychiatric
examination every 12 months after the discharge of the person
to determine whether the person has become competent to
proceed to trial.
(2) If the examination under paragraph (1) reveals that
the person has regained competency to proceed, a hearing
shall be scheduled, after which the court shall determine
whether the person is competent to proceed on criminal
charges.
(3) If the person is adjudged competent, then trial
shall commence within 90 days of the adjudication.
(4) If the examination under paragraph (1) reveals that
the person is incompetent to proceed, the court shall order
the person to submit to a new competency examination in 12
months.
§ 3404. Determination of criminal responsibility.
(a) Criminal responsibility determination by court.--At a
hearing under section 3403 (relating to incompetency hearing
procedures and effect and dismissal of charges), the court may
also hear evidence on whether the person was criminally
responsible for the commission of the crime charged in
accordance with the rules governing the consideration and
determination of the same issue at criminal trial. If the person
is found to have lacked criminal responsibility, an acquittal
shall be entered. If the person is not acquitted, the person may
raise the defense when the person is tried.
(b) Opinion evidence on mental condition.--At a hearing
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under section 3403 or upon trial, a licensed psychiatrist or
licensed psychologist appointed by the court may be called as a
witness by the attorney for the Commonwealth or by the
defense. Each party may also summon any other licensed
psychiatrist or licensed psychologist or other expert to
testify.
(c) Bifurcation of issues or trial.--Upon trial and in the
interest of justice, the court may direct that the issue of
criminal responsibility be heard and determined separately from
the other issues in the case and, in a trial by jury, that the
issue of criminal responsibility be submitted to a separate
jury. Upon a request for bifurcation, the court shall consider
the substantiality of the defense of lack of responsibility, its
effect upon other defenses and the probability of a fair trial.
§ 3405. Examination of person charged with crime in aid of
sentencing.
(a) Examination before sentencing.--If a person who has been
criminally charged is to be sentenced, the court may defer
sentence and order the person to be examined for mental illness
to aid in the determination of disposition.
(b) Application for examination.--The action under
subsection (a) may be taken on the court's initiative or on the
application of the attorney for the Commonwealth, the person
charged, the person's counsel or any other person acting in the
person's interest.
(c) Type of examination.--If at the time of sentencing the
person is not in detention, examination shall be on an
outpatient basis unless inpatient examination for this purpose
is ordered under Chapter 33 (relating to involuntary examination
and treatment).
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§ 3406. Application for court-ordered involuntary treatment.
The attorney for the Commonwealth, the defendant, the
defendant's counsel, the county administrator or any other
interested party may petition the same court for an order
directing involuntary treatment under section 3304 (relating to
court-ordered involuntary treatment) after the occurrence of any
of the following:
(1) A finding of incompetency to proceed on criminal
charges under section 3403 (relating to incompetency hearing
procedures and effect and dismissal of charges).
(2) An acquittal by reason of lack of criminal
responsibility under section 3404 (relating to determination
of criminal responsibility).
(3) An examination in aid of sentencing under section
3405 (relating to examination of person charged with crime
in aid of sentencing).
§ 3407. Voluntary treatment of person charged with crime or
serving sentence.
(a) Certification of need.--Whether in lieu of bail or
serving a sentence, a person in criminal detention who believes
that the person is in need of treatment and substantially
understands the nature of voluntary treatment may submit to
examination and treatment under this part, subject to the
following certification requirements:
(1) At least one physician shall certify the necessity
of treatment and that treatment cannot be adequately provided
at the prison or correctional facility where the person is
detained.
(2) The physician's certificate shall specify the
grounds that make transfer to a mental health facility
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necessary.
(3) The correctional facility shall secure a written
acceptance of the person for inpatient treatment from the
facility and shall forward the acceptance to the court.
(b) Independent examination.--Before an inmate of a prison
or correctional facility may be transferred to a facility for
the purpose of examination and treatment, the correctional
facility shall notify the district attorney, who shall be given
up to 14 days after receipt of notification to conduct an
independent examination of the defendant.
(c) Court review and approval.--The court shall review the
certification of the physician that the transfer is necessary
and the recommendation of the physician for the Commonwealth and
either approves or disapproves the transfer, subject to
subsection (d) and the following conditions:
(1) The court may request information it needs
concerning the necessity of the transfer.
(2) Where possible, the sentencing judge shall preside.
(d) Hearing.--Upon the motion of the district attorney, a
hearing shall be held on the question of the voluntary treatment
of a person charged with a crime or serving a sentence.
(e) Reports.--A report of the person's mental condition
shall be made by the facility to the court within 30 days of the
person's transfer to the facility. The report shall also specify
the grounds which require continued treatment at a facility.
After the initial report, the facility shall report to the court
every 180 days.
(f) Withdrawal from treatment.--If, at any time, the person
gives notice of intent to withdraw from treatment at the
facility, the person shall be returned to the authority entitled
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to have the person in custody, or proceedings may be initiated
under section 3304 (relating to court-ordered involuntary
treatment). During the pendency of a petition filed under
section 3304 concerning a person in treatment under this
section, the facility shall have authority to detain the person
regardless of the provisions of section 3203 (relating to
explanation and consent), provided that the hearing under
section 3304 is conducted within seven days of the time the
person gives notice of his intent to withdraw from treatment.
(g) Time served.--The period of voluntary treatment under
this section shall be credited as time served on account of a
sentence to be imposed on pending charges or an unexpired term
of imprisonment.
Section 2. Sections 6105(c)(4), 6109(i.1) and 6111.1(f), (g)
and (k) of Title 18 are amended to read:
§ 6105. Persons not to possess, use, manufacture, control, sell
or transfer firearms.
* * *
(c) Other persons.--In addition to any person who has been
convicted of any offense listed under subsection (b), the
following persons shall be subject to the prohibition of
subsection (a):
* * *
(4) A person who has been adjudicated as an incompetent
or who has been involuntarily committed to a mental
institution for inpatient care and treatment under [section
302, 303 or 304 of the provisions of the act of July 9, 1976
(P.L.817, No.143), known as the Mental Health Procedures
Act.] 50 Pa.C.S. § 3302 (relating to involuntary emergency
examination and treatment), 3303 (relating to extended
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involuntary emergency treatment) or 3304 (relating to court-
ordered involuntary treatment). This paragraph shall not
apply to any proceeding under [section 302 of the Mental
Health Procedures Act] 50 Pa.C.S. § 3302 unless the examining
physician has issued a certification that inpatient care was
necessary or that the person was committable.
* * *
§ 6109. Licenses.
* * *
(i.1) Notice to sheriff.--Notwithstanding any statute to the
contrary:
(1) Upon conviction of a person for a crime specified in
section 6105(a) or (b) or upon conviction of a person for a
crime punishable by imprisonment exceeding one year or upon a
determination that the conduct of a person meets the criteria
specified in section 6105(c)(1), (2), (3), (5), (6) or (9),
the court shall determine if the defendant has a license to
carry firearms issued pursuant to this section. If the
defendant has such a license, the court shall notify the
sheriff of the county in which that person resides, on a form
developed by the Pennsylvania State Police, of the identity
of the person and the nature of the crime or conduct which
resulted in the notification. The notification shall be
transmitted by the judge within seven days of the conviction
or determination.
(2) Upon adjudication that a person is incompetent or
upon the involuntary commitment of a person to a mental
institution for inpatient care and treatment under [the act
of July 9, 1976 (P.L.817, No.143), known as the Mental Health
Procedures Act] 50 Pa.C.S. Pt. III (relating to mental health
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procedures), or upon involuntary treatment of a person as
described under section 6105(c)(4), the judge of the court of
common pleas, mental health review officer or county mental
health and mental retardation administrator shall notify the
sheriff of the county in which that person resides, on a form
developed by the Pennsylvania State Police, of the identity
of the person who has been adjudicated, committed or treated
and the nature of the adjudication, commitment or treatment.
The notification shall be transmitted by the judge, mental
health review officer or county mental health and mental
retardation administrator within seven days of the
adjudication, commitment or treatment.
* * *
§ 6111.1. Pennsylvania State Police.
* * *
(f) Notification of mental health adjudication, treatment,
commitment, drug use or addiction.--
(1) Notwithstanding any statute to the contrary, judges
of the courts of common pleas shall notify the Pennsylvania
State Police, on a form developed by the Pennsylvania State
Police, of:
(i) the identity of any individual who has been
adjudicated as an incompetent or as a mental defective or
who has been involuntarily committed to a mental
institution under [the act of July 9, 1976 (P.L.817,
No.143), known as the Mental Health Procedures Act] 50
Pa.C.S. Pt. III (relating to mental health procedures) ,
or who has been involuntarily treated as described in
section 6105(c)(4) (relating to persons not to possess,
use, manufacture, control, sell or transfer firearms) or
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as described in 18 U.S.C. § 922(g)(4) (relating to
unlawful acts) and its implementing Federal regulations;
and
(ii) any finding of fact or court order related to
any person described in 18 U.S.C. § 922(g)(3).
(2) The notification shall be transmitted by the judge
to the Pennsylvania State Police within seven days of the
adjudication, commitment or treatment.
(3) Notwithstanding any law to the contrary, the
Pennsylvania State Police may disclose, electronically or
otherwise, to the United States Attorney General or a
designee, any record relevant to a determination of whether a
person is disqualified from possessing or receiving a firearm
under 18 U.S.C. § 922 (g)(3) or (4) or an applicable state
statute.
(g) Review by court.--
(1) Upon receipt of a copy of the order of a court of
competent jurisdiction which vacates a final order or an
involuntary certification issued by a mental health review
officer, the Pennsylvania State Police shall expunge all
records of the involuntary treatment received under
subsection (f).
(2) A person who is involuntarily committed [pursuant to
section 302 of the Mental Health Procedures Act] under 50
Pa.C.S. § 3302 (relating to involuntary emergency examination
and treatment) may petition the court to review the
sufficiency of the evidence upon which the commitment was
based. If the court determines that the evidence upon which
the involuntary commitment was based was insufficient, the
court shall order that the record of the commitment submitted
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to the Pennsylvania State Police be expunged. A petition
filed under this subsection shall toll the 60-day period set
forth under section 6105(a)(2).
(3) The Pennsylvania State Police shall expunge all
records of an involuntary commitment of an individual who is
discharged from a mental health facility based upon the
initial review by the physician occurring within two hours of
arrival under [section 302(b) of the Mental Health Procedures
Act] 50 Pa.C.S. § 3302(b) and the physician's determination
that no severe mental disability existed [pursuant to section
302(b) of the Mental Health Procedures Act] under 50 Pa.C.S.
§ 3302(b). The physician shall provide signed confirmation of
the determination of the lack of severe mental disability
following the initial examination under [section 302(b) of
the Mental Health Procedures Act] 50 Pa.C.S. § 3302(b) to the
Pennsylvania State Police.
* * *
(k) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Firearm." The term shall have the same meaning as in
section 6111.2 (relating to firearm sales surcharge).
"Physician." Any licensed psychiatrist or licensed clinical
psychologist as defined in [the act of July 9, 1976 (P.L.817,
No.143), known as the Mental Health Procedures Act] 50 Pa.C.S. §
3102 (relating to definitions).
Section 3. Sections 5463(f), 5822(a), 5825(b), 5826(b),
5832(a), 5839(b) and 5843(a) and (b) of Title 20 are amended to
read:
§ 5463. Effect on other State law.
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* * *
(f) Disclosure.--The disclosure requirements of section
5456(d) (relating to authority of health care agent) supersede
any provision in any other State statute or regulation that
requires the principal to consent to disclosure or which
otherwise conflicts with section 5456(d), including, but not
limited to, the following:
(1) Section 8 of the act of April 14, 1972 (P.L.221,
No.63), known as the Pennsylvania Drug and Alcohol Abuse
Control Act.
(2) [Section 111 of the act of July 9, 1976 (P.L.817,
No.143), known as the Mental Health Procedures Act.] 50
Pa.C.S. §§ 3113 (relating to confidentiality of records) and
3116(c) (relating to reporting requirements for firearms
background checks).
(3) Section 15 of the act of October 5, 1978 (P.L.1109,
No.261), known as the Osteopathic Medical Practice Act.
(4) Section 41 of the act of December 20, 1985 (P.L.457,
No.112), known as the Medical Practice Act of 1985.
(5) Section 7 of the act of November 29, 1990 (P.L.585,
No.148), known as the Confidentiality of HIV-Related
Information Act.
§ 5822. Execution.
(a) Who may make.--An individual who is at least 18 years of
age or an emancipated minor and has not been deemed
incapacitated pursuant to section 5511 (relating to petition and
hearing; independent evaluation) or severely mentally disabled
[pursuant to Article III of the act of July 9, 1976 (P.L.817,
No.143), known as the Mental Health Procedures Act] under 50
Pa.C.S. Ch. 33 (relating to involuntary examination and
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treatment), may make a declaration governing the initiation,
continuation, withholding or withdrawal of mental health
treatment.
* * *
§ 5825. Revocation.
* * *
(b) Capacity to revoke.--Subsection (a) notwithstanding,
during a period of involuntary commitment [pursuant to Article
III of the act of July 9, 1976 (P.L.817, No.143), known as the
Mental Health Procedures Act] under 50 Pa.C.S. Ch. 33 (relating
to involuntary examination and treatment), a declarant may
revoke the declaration only if found to be capable of making
mental health decisions after examination by a psychiatrist and
one of the following: another psychiatrist, a psychologist, a
family physician, an attending physician or a mental health
treatment professional. Whenever possible, at least one of the
decision makers shall be a treating professional of the
declarant or principal.
* * *
§ 5826. Amendment.
* * *
(b) Determination of capacity.--During the period of
involuntary treatment [pursuant to Article III of the act of
July 9, 1976 (P.L.817, No.143), known as the Mental Health
Procedures Act] under 50 Pa.C.S. Ch. 33 (relating to involuntary
examination and treatment), a declarant may amend the
declaration if the individual is found to be capable of making
mental health decisions after examination by a psychiatrist and
one of the following: another psychiatrist, a psychologist,
family physician, attending physician or mental health treatment
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professional. Whenever possible, at least one of the decision
makers shall be a treating professional of the declarant or
principal.
§ 5832. Execution.
(a) Who may make.--An individual who is at least 18 years of
age or an emancipated minor and who has not been deemed
incapacitated pursuant to section 5511 (relating to petition and
hearing; independent evaluation) or found to be severely
mentally disabled [pursuant to Article III of the act of July 9,
1976 (P.L.817, No.143), known as the Mental Health Procedures
Act] under 50 Pa.C.S. Ch. 33 (relating to involuntary
examination and treatment), may make a mental health power of
attorney governing the initiation, continuation, withholding or
withdrawal of mental health treatment.
* * *
§ 5839. Revocation.
* * *
(b) Capacity to revoke.--Notwithstanding subsection (a),
during a period of involuntary commitment [pursuant to Article
III of the act of July 9, 1976 (P.L.817, No.143), known as the
Mental Health Procedures Act] under 50 Pa.C.S. Ch. 33 (relating
to involuntary examination and treatment), a principal may
revoke the mental health power of attorney only if found to be
capable of making mental health decisions after examination by a
psychiatrist and one of the following: another psychiatrist, a
psychologist, a family physician, an attending physician or a
mental health treatment professional. Whenever possible, at
least one of the decision makers shall be a treating
professional of the declarant or principal.
* * *
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§ 5843. Construction.
(a) General rule.--Nothing in this subchapter shall be
construed to:
(1) Affect the requirements of other laws of this
Commonwealth regarding consent to observation, diagnosis,
treatment or hospitalization for a mental illness.
(2) Authorize a mental health care agent to consent to
any mental health care prohibited by the laws of this
Commonwealth.
(3) Affect the laws of this Commonwealth regarding any
of the following:
(i) The standard of care of a mental health care
provider required in the administration of mental health
care or the clinical decision-making authority of the
mental health care provider.
(ii) When consent is required for mental health
care.
(iii) Informed consent for mental health care.
(4) Affect the ability to admit a person to a mental
health facility under the voluntary and involuntary
commitment provisions of [the act of July 9, 1976 (P.L.817,
No.143), known as the Mental Health Procedures Act] 50
Pa.C.S. Pt. III (relating to mental health procedures) .
(b) Disclosure.--
(1) The disclosure requirements of section 5836(e)
(relating to authority of mental health care agent) shall
supersede any provision in any other State statute or
regulation that requires a principal to consent to disclosure
or which otherwise conflicts with section 5836(e), including,
but not limited to, the following:
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(i) The act of April 14, 1972 (P.L.221, No.63),
known as the Pennsylvania Drug and Alcohol Abuse Control
Act.
(ii) [Section 111 of the act of July 9, 1976
(P.L.817, No.143), known as the Mental Health Procedures
Act.] 50 Pa.C.S. §§ 3113 (relating to confidentiality of
records) and 3116(c) (relating to reporting requirements
for firearms background checks).
(iii) The act of October 5, 1978 (P.L.1109, No.261),
known as the Osteopathic Medical Practice Act.
(iv) Section 41 of the act of December 20, 1985
(P.L.457, No.112), known as the Medical Practice Act of
1985.
(v) The act of November 29, 1990 (P.L.585, No.148),
known as the Confidentiality of HIV-Related Information
Act.
(2) The disclosure requirements under section 5836(e)
shall not apply to the extent that the disclosure would be
prohibited by Federal law and implementing regulations.
* * *
Section 4. Section 5336(b) of Title 23 is amended to read:
§ 5336. Access to records and information.
* * *
(b) Nondisclosure of confidential information.--The court
shall not order the disclosure of any of the following
information to any parent or party granted custody:
(1) The address of a victim of abuse.
(2) Confidential information from an abuse counselor or
shelter.
(3) Information protected under Chapter 67 (relating to
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domestic and sexual violence victim address confidentiality).
(4) Information independently protected from disclosure
by the child's right to confidentiality under [the act of
July 9, 1976 (P.L.817, No.143), known as the Mental Health
Procedures Act] 50 Pa.C.S. Pt. III (relating to mental health
procedures), or any other statute.
* * *
Section 5. Sections 6356 and 9727 of Title 42 are amended to
read:
§ 6356. Disposition of mentally ill or mentally retarded child.
If, at a dispositional hearing of a child found to be a
delinquent or at any hearing, the evidence indicates that the
child may be subject to commitment or detention under the
provisions of the act of October 20, 1966 (3rd Sp.Sess., P.L.96,
No.6), known as the ["]Mental Health and [Mental Retardation]
Intellectual Disability Act of 1966,["] or [the act of July 9,
1976 (P.L.817, No.143), known as the "Mental Health Procedures
Act,"] 50 Pa.C.S . Pt. III (relating to mental health
procedures), the court shall proceed under the provisions of the
appropriate statute.
§ 9727. Disposition of persons found guilty but mentally ill.
(a) Imposition of sentence.--A defendant found guilty but
mentally ill or whose plea of guilty but mentally ill is
accepted under the provisions of 18 Pa.C.S. § 314 (relating to
guilty but mentally ill) may have any sentence imposed on him
which may lawfully be imposed on any defendant convicted of the
same offense. Before imposing sentence, the court shall hear
testimony and make a finding on the issue of whether the
defendant at the time of sentencing is severely mentally
disabled and in need of treatment [pursuant to] under the
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provisions of [the act of July 9, 1976 (P.L.817, No.143), known
as the "Mental Health Procedures Act."] 50 Pa.C.S. Pt. III
(relating to mental health procedures).
(b) Treatment.--
(1) An offender who is severely mentally disabled and in
need of treatment at the time of sentencing shall, consistent
with available resources, be provided such treatment as is
psychiatrically or psychologically indicated for his mental
illness. Treatment may be provided by the [Bureau of
Correction] Department of Corrections, by the county or by
the Department of [Public Welfare] Human Services in
accordance with [the "Mental Health Procedures Act."] 50
Pa.C.S. Pt. III.
(2) The cost for treatment of offenders found guilty but
mentally ill, committed to the custody of the [Bureau of
Correction] Department of Corrections and transferred to a
mental health facility, shall be borne by the Commonwealth.
* * *
Section 6. Section 1101(a) of Title 61 is amended to read:
§ 1101. Benefits to injured employees of State correctional
institutions.
(a) General rule.--An employee of a State correctional
institution who is injured during the course of that employment
by an act of an inmate or by any person who has been committed
to the State correctional institution by any court of the
Commonwealth or by any provision of [the act of July 9, 1976
(P.L.817, No.143), known as the Mental Health Procedures Act] 50
Pa.C.S. Pt. III (relating to mental health procedures), shall be
paid by the Commonwealth the employee's full salary until the
disability arising from the injury no longer prevents the
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employee's return as an employee of the department at a salary
equal to that earned by the employee at the time of the injury.
* * *
Section 7. The addition of 50 Pa.C.S. Pt. III is a
continuation of the act of July 9, 1976 (P.L.817, No.143), known
as the Mental Health Procedures Act. The following apply:
(1) Except as otherwise provided in 50 Pa.C.S. Pt. III,
all activities initiated under the Mental Health Procedures
Act shall continue and remain in full force and effect and
may be completed under 50 Pa.C.S. Pt. III. Resolutions,
orders, regulations, rules and decisions which were made
under the Mental Health Procedures Act and which are in
effect on the effective date of this section shall remain in
full force and effect until revoked, vacated or modified
under 50 Pa.C.S. Pt. III. Contracts, obligations and
agreements entered into under the Mental Health Procedures
Act are not affected nor impaired by the repeal of the Mental
Health Procedures Act.
(2) A reference in any other act or regulation to the
Mental Health Procedures Act shall be deemed to be a
reference to 50 Pa.C.S. Pt. III (relating to mental health
procedures).
Section 8. Repeals are as follows:
(1) The General Assembly finds that the repeal under
paragraph (2) is necessary to effectuate this act.
(2) The act of July 9, 1976 (P.L.817, No.143), known as
the Mental Health Procedures Act, is repealed.
Section 9. This act shall take effect in 60 days.
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