PRINTER'S NO. 2388
No. 1938 Session of 1977
INTRODUCED BY GREENLEAF, D. S. HAYES, PYLES AND FISHER,
DECEMBER 5, 1977
REFERRED TO COMMITTEE ON JUDICIARY, DECEMBER 5, 1977
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, providing for disposition of persons
3 acquitted on grounds of insanity.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Chapter 13 of Title 18, act of November 25, 1970
7 (P.L.707, No.230), known as the Pennsylvania Consolidated
8 Statutes, is amended by adding a subchapter to read:
9 CHAPTER 13
10 AUTHORITY OF COURT IN SENTENCING
11 * * *
12 SUBCHAPTER H
13 ACQUITTAL ON GROUNDS OF INSANITY
14 Sec.
15 1390. Form of verdict on acquittal on grounds of insanity.
16 1391. Entry of order on acquittal on grounds of insanity.
17 1392. Order of commitment; procedure for discharge.
18 1393. Hearings on applications for discharge; psychiatric
1 reports.
2 § 1390. Form of verdict on acquittal on grounds of insanity.
3 When the defendant is acquitted on grounds of insanity
4 excluding responsibility, the verdict and judgment shall so
5 state.
6 § 1391. Entry of order on acquittal on grounds of insanity.
7 After entry of judgment of not guilty by reason of insanity
8 excluding responsibility, the court shall, on the basis of the
9 evidence given at the trial or at a separate hearing, if
10 requested by either party, make an order as provided in section
11 1392 (relating to order of commitment; procedure for discharge).
12 § 1392. Order of commitment; procedure for discharge.
13 (a) Order.--If the court finds that the person is affected
14 by mental disease or defect and presents a substantial risk of
15 danger to himself or the person of others and that he is not a
16 proper subject for release on supervision, the court shall order
17 him committed to a State mental hospital for custody, care and
18 treatment.
19 (b) Discharge application by superintendent.--If, at any
20 time after the admission of a person to a State mental hospital,
21 the superintendent of the hospital is of the opinion that the
22 person is no longer affected by mental disease or defect, or, if
23 so affected, that he no longer presents a substantial danger to
24 himself or the person of others, the superintendent of the
25 hospital shall apply to the court which committed the person for
26 an order of discharge. The application shall be accompanied by a
27 report setting forth the facts supporting the opinion of the
28 superintendent. Copies of the application and the report shall
29 be transmitted by the clerk of the court to the district
30 attorney of the county. If the State opposes the recommendation
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1 of the superintendent, the State has the burden of proof by a
2 preponderance of the evidence that the person continues to be a
3 substantial danger to himself or the person of others and should
4 remain in the custody of the hospital.
5 (c) Discharge application by person committed.--Any person
6 who has been committed to a State mental hospital, after the
7 expiration of 90 days from the date of the order of commitment,
8 may apply to the court of common pleas of the county from which
9 he was committed for an order of discharge upon the grounds:
10 (1) that he is no longer affected by mental disease or
11 defect; or
12 (2) if so affected, that he no longer presents a
13 substantial danger to himself or the person of others.
14 (d) Filing applications.--Application made under subsection
15 (c) shall be accompanied by a report of the superintendent of
16 the hospital which shall be prepared and transmitted as provided
17 in subsection (b). The applicant must prove by a preponderance
18 of the evidence his fitness for discharge under the standards of
19 subsection (c). Application for an order of discharge shall not
20 be filed more often than once every six months.
21 § 1393. Hearings on applications for discharge; psychiatric
22 reports.
23 (a) Hearing.--The court shall conduct a hearing upon any
24 application for discharge, release or supervision or
25 modification. If the court finds that the person is no longer
26 affected by mental disease or defect, or, if so affected, that
27 he no longer presents a substantial danger to himself or the
28 person of others, the court shall order him discharged from
29 custody or from supervision. If the court finds that the person
30 is still affected by a mental disease or defect and is a
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1 substantial danger to himself or to the person of others, but
2 can be controlled adequately if he is released on supervision,
3 the court shall order him released on supervision. If the court
4 finds that the person has not recovered from his mental disease
5 or defect and is a substantial danger to himself or the person
6 of others and cannot adequately be controlled if he is released
7 on supervision, the court shall order him remanded for continued
8 care and treatment.
9 (b) Appointment of psychiatrists.--In any hearing under this
10 section the court may appoint one or more psychiatrists to
11 examine the person and to submit reports to the court. Reports
12 filed with the court pursuant to such appointment shall include,
13 but need not be limited to, an opinion as to mental condition of
14 the person and whether the person presents a substantial danger
15 to himself or the person of others. To facilitate the
16 psychiatrist's examination of the person, the court may order
17 the person placed in the temporary custody of any State
18 institution or other suitable facility.
19 (c) Determination.--If neither the prosecuting attorney nor
20 counsel for the defendant contests the finding of the report
21 filed with the court, the court may make the determination on
22 the basis of such report. If the report is contested, the court
23 shall hold a hearing on the issue. If the report is received in
24 evidence in such hearing, the party who contests the report
25 shall have the right to summon and to cross-examine the
26 psychiatrist or psychiatrists who submitted the report and to
27 offer evidence upon the issue. Other evidence regarding the
28 defendant's mental condition may be introduced by either party.
29 Section 2. This act shall take effect in 60 days.
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