PRINTER'S NO. 531
No. 504 Session of 1981
INTRODUCED BY ALDEN, HAGARTY, McINTYRE, TELEK, SWEET, ARTY AND
PRATT, FEBRUARY 10, 1981
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 10, 1981
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, providing for a plea or
3 finding of guilty but mentally ill.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 42, act of November 25, 1970 (P.L.707,
7 No.230), known as the Pennsylvania Consolidated Statutes, is
8 amended by adding sections to read:
9 § 8933. Guilty but mentally ill.
10 (a) General rule.--A person who offers a defense of insanity
11 at trial may be found "guilty but mentally ill" if, after trial,
12 the trier of facts finds beyond a reasonable doubt that the
13 person is guilty of an offense, that the person was mentally ill
14 at the time of the commission of the offense and that the person
15 knew at the time of the commission of the offense the nature and
16 quality of his act and knew that what he was doing was wrong.
17 (b) Plea of guilty but mentally ill.--A person who waives
18 his right to trial may plead guilty but mentally ill. No plea of
1 guilty but mentally ill may be accepted by the trial judge until
2 he has examined all reports prepared pursuant to the Rules of
3 Criminal Procedure, has held a hearing on the sole issue of the
4 defendant's mental illness at which either party may present
5 evidence and is satisfied that the defendant was mentally ill at
6 the time of the offense to which the plea is entered. If the
7 trial judge refuses to accept a plea of guilty but mentally ill,
8 the defendant shall be permitted to withdraw his plea. A
9 defendant whose plea is not accepted by the court shall be
10 entitled to a jury trial, except that if a defendant
11 subsequently waives his right to a jury trial, the judge who
12 presided at the hearing on mental illness shall not preside at
13 the trial.
14 (c) Definition.--For the purposes of this section and
15 section 9727 (relating to disposition of persons found guilty
16 but mentally ill), a person is "mentally ill" if, as a result of
17 mental disease or defect, he lacks substantial capacity either
18 to appreciate the wrongfulness of his conduct or to conform his
19 conduct to the requirements of the law.
20 § 9727. Disposition of persons found guilty but mentally ill.
21 (a) Imposition of sentence.--A defendant found guilty but
22 mentally ill or whose plea of guilty but mentally ill is
23 accepted under the provisions of section 8933 (relating to
24 guilty but mentally ill) may have any sentence imposed on him
25 which may lawfully be imposed on any defendant convicted of the
26 same offense. Before imposing sentence, the court shall hear
27 testimony and make a finding on the issue of whether the
28 defendant is mentally ill at the time of sentencing.
29 (b) Treatment.--
30 (1) An offender who is found to be mentally ill at the
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1 time of sentencing and who is committed to the custody of the
2 Bureau of Correction or county jail shall undergo further
3 evaluation and be provided such treatment as is
4 psychiatrically or psychologically indicated for his mental
5 illness, except that he may, by written statement, refuse to
6 take such drugs as may be prescribed. Drugs may be forcibly
7 administered only in an emergency situation where required to
8 prevent death or serious bodily harm to any person. Treatment
9 may be provided by the Bureau of Correction, by the county or
10 by the Department of Public Welfare in accordance with the
11 act of July 9, 1976 (P.L.817, No.143), known as the "Mental
12 Health Procedures Act," which shall also govern his discharge
13 from any treating mental health facility and return to the
14 Bureau of Correction or county jail.
15 (2) Notwithstanding the provisions of section 401(a) of
16 the "Mental Health Procedures Act," defendants found to be
17 mentally ill at sentencing and sentenced pursuant to this
18 chapter may be transferred from the Bureau of Correction or
19 the county jail to the Department of Public Welfare upon the
20 certification of the evaluating psychiatrist or psychologist
21 that appropriate mental health treatment facilities do not
22 exist within the transferring agency.
23 (3) The cost for treatment of offenders found guilty but
24 mentally ill, committed to the custody of the Bureau of
25 Correction and transferred to a mental health facility shall
26 be borne by the Commonwealth.
27 (c) Discharge report.--When a treating facility designated
28 by either the Office of General Counsel or the Department of
29 Public Welfare discharges such a defendant from treatment prior
30 to the expiration of his maximum sentence, that treating
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1 facility shall transmit to the Pennsylvania Board of Probation
2 and Parole, the correctional facility or county jail to which
3 the offender is being returned, and the sentencing judge a
4 report on the condition of the offender, together with the
5 reasons for its judgments, which describes:
6 (1) The defendant's behavior.
7 (2) The course of treatment.
8 (3) The potential for recurrence of the behavior.
9 (4) The potential for danger to himself or the public.
10 (5) Recommendations for future treatment, prerelease
11 status and parole.
12 (d) Prerelease and parole conditions.--An offender who is
13 discharged from treatment may be placed on prerelease or parole
14 status under the same terms and laws applicable to any other
15 offender. Psychological and psychiatric counseling and treatment
16 may be required as a condition of such status. Failure to
17 continue treatment, except by agreement of the supervising
18 authority, shall be a basis for terminating prerelease status or
19 instituting parole violation hearings.
20 (e) Parole procedure.--If the report of the treating
21 facility recommends parole, the paroling authority shall
22 consider the offender for parole within 45 days or at the
23 expiration of his minimum sentence, whichever is later. If the
24 report does not recommend parole, the paroling authority may
25 consider the offender for parole pursuant to other law or
26 administrative rules. When the paroling authority considers the
27 offender for parole, it shall consult with the treating facility
28 at which the offender is being treated or from which he was
29 discharged.
30 (f) Probation.--
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1 (1) If an offender who is found guilty but mentally ill
2 is placed on probation, the judge, upon recommendation of the
3 district attorney, shall make treatment a condition of
4 probation.
5 (2) Reports as specified by the trial judge shall be
6 filed with the probation officer and the sentencing court.
7 Failure to continue treatment, including the refusal to take
8 such drugs as may be prescribed, except by agreement of the
9 sentencing court shall be a basis for the institution of
10 probation violation hearings. The period of probation shall
11 be the maximum permitted by law and shall not be reduced
12 without receipt and consideration by the court of a
13 psychiatric report like that required in subsection (c).
14 (3) Treatment shall be provided by an agency of the
15 Department of Public Welfare or, with the approval of the
16 sentencing court and at individual expense, by private
17 agencies, private physicians or other mental health
18 personnel. A psychiatric report shall be filed with the
19 probation officer and the sentencing court every three months
20 during the period of probation. If a motion on a petition to
21 discontinue probation is made by the defendant, the probation
22 officer shall request a report as specified from the treating
23 facility.
24 Section 2. The act of July 9, 1976 (P.L.817, No.143), known
25 as the "Mental Health Procedures Act," is repealed insofar as
26 inconsistent with the provisions of 42 Pa.C.S. §§ 8933 and 9727.
27 Section 3. This act shall take effect in 60 days.
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