PRIOR PRINTER'S NOS. 1205, 1601 PRINTER'S NO. 1701
No. 1025 Session of 1975
INTRODUCED BY COPPERSMITH, DOUGHERTY, REIBMAN, HILL, FRAME AND FLEMING, SEPTEMBER 23, 1975
AS AMENDED ON SECOND CONSIDERATION, MARCH 8, 1976
AN ACT 1 Relating to mental health procedures; providing for the 2 treatment and rights of mentally disabled persons, for 3 voluntary and involuntary examination and treatment and for 4 determinations affecting those charged with crime or under 5 sentence. 6 TABLE OF CONTENTS 7 Article I. General Provisions 8 Section 101. Short Title. 9 Section 102. Statement of Policy. 10 Section 103. Scope of Act. 11 Section 104. Provision for Treatment. 12 Section 105. Treatment Facilities. 13 Section 106. Persons Responsible for Formulation and 14 Review of Treatment Plan. 15 Section 107. Individualized Treatment Plan. 16 Section 108. Periodic Reexamination, Review and 17 Redisposition. 18 Section 109. Mental Health Review Officer. 19 Section 110. Written Applications, Petitions, Statements 20 and Certifications.
1 Section 111. Confidentiality of Records. 2 Section 112. Rules, Regulations and Forms. 3 Section 113. Rights and Remedies of Persons in Treatment. 4 Section 114. Immunity from Civil and Criminal Liability. 5 Section 115. Venue and Location of Legal Proceedings. 6 Article II. Voluntary Examination and Treatment 7 Section 201. Persons Who May Authorize Voluntary Treatment. 8 Section 202. To Whom Application May be Made. 9 Section 203. Explanation and Consent. 10 Section 204. Notice to Parents. 11 Section 205. Physical Examination and Formulation of 12 Individualized Treatment Plan. 13 Section 206. Withdrawal from Voluntary Inpatient Treatment. 14 Section 207. Transfer of Person in Voluntary Treatment. 15 Article III. Involuntary Examination and Treatment 16 Section 301. Persons Who May be Subject to Involuntary 17 Emergency Examination and Treatment. 18 Section 302. Involuntary Emergency Examination and Treatment 19 Authorized by a Physician - Not to Exceed 20 Seventy-two Hours. 21 Section 303. Extended Involuntary Emergency Treatment 22 Certified by a Judge or Mental Health Review 23 Officer - Not to Exceed Twenty Days. 24 Section 304. Court-ordered Involuntary Treatment Not to 25 Exceed Ninety Days. 26 Section 305. Additional Periods of Court-ordered Involuntary 27 Treatment. 28 Section 306. Transfer of Persons in Involuntary Treatment. 29 Article IV. Determinations Affecting Those Charged with Crime, 30 or Under Sentence 19750S1025B1701 - 2 -
1 Section 401. Examination and Treatment of a Person Charged 2 with Crime or Serving Sentence. 3 Section 402. Incompetence to Proceed on Criminal Charges and 4 Lack of Criminal Responsibility as Defense. 5 Section 403. Hearing and Determination of Incompetency to 6 Proceed; Stay of Proceedings; Dismissal of 7 Charges. 8 Section 404. Hearing and Determination of Criminal 9 Responsibility; Bifurcated Trial. 10 Section 405. Examination of Person Charged with Crime as 11 Aid in Sentencing. 12 Section 406. Civil Procedure for Court-ordered Involuntary 13 Treatment Following a Determination of 14 Incompetency, or Acquittal by Reason of Lack of 15 Criminal Responsibility or in Conjunction with 16 Sentencing. 17 Article V. Effective Date and Applicability 18 Section 501. Effective Date and Applicability. 19 The General Assembly of the Commonwealth of Pennsylvania 20 hereby enacts as follows: 21 ARTICLE I 22 General Provisions 23 Section 101. Short Title.--This act shall be known and may 24 be cited as the "Mental Health Procedures Act." 25 Section 102. Statement of Policy.--It is the policy of the 26 Commonwealth of Pennsylvania to seek to assure the availability 27 of adequate treatment to persons who are mentally ill, and it is 28 the purpose of this act to establish procedures whereby this 29 policy can be effected. Treatment on a voluntary basis shall be 19750S1025B1701 - 3 -
1 preferred to involuntary treatment; and in every case, the least 2 restrictions consistent with adequate treatment shall be 3 employed. Persons who are mentally retarded, senile, alcoholic, 4 or drug dependent shall receive mental health treatment only if 5 they are also diagnosed as mentally ill, but these conditions of 6 themselves shall not be deemed to constitute mental illness. 7 Section 103. Scope of Act.--This act establishes rights and 8 procedures for all involuntary treatment of mentally ill 9 persons, whether inpatient or outpatient, and for all voluntary 10 inpatient treatment of mentally ill persons. "Inpatient 11 treatment" shall include all treatment that requires full or 12 part-time residence in a facility. For the purpose of this act, 13 a "facility" means any mental health establishment, hospital, 14 clinic, institution, center, day care center, base service unit, 15 community mental health center, or part thereof, that provides 16 for the diagnosis, treatment, care or rehabilitation of mentally 17 ill persons, whether as outpatients or inpatients. 18 Section 104. Provision for Treatment.--Adequate treatment 19 means a course of treatment designed and administered to 20 alleviate a person's pain and distress and to maximize the 21 probability of his recovery from mental illness. It shall be 22 provided to all persons in treatment who are subject to this 23 act. It may include inpatient treatment, partial 24 hospitalization, or outpatient treatment. Adequate inpatient 25 treatment shall include such accommodations, diet, heat, light, 26 sanitary facilities, clothing, recreation, education and medical 27 care as are necessary to maintain decent, safe and healthful 28 living conditions. 29 Treatment shall include diagnosis, evaluation, therapy, or 30 rehabilitation needed to alleviate pain and distress and to 19750S1025B1701 - 4 -
1 facilitate the recovery of a person from mental illness and 2 shall also include care and other services that supplement 3 treatment and aid or promote such recovery. 4 Section 105. Treatment Facilities.--Involuntary treatment 5 and voluntary treatment funded in whole or in part by public 6 moneys shall be available at a facility approved for such 7 purposes by the county administrator (who shall be the County 8 Mental Health and Mental Retardation Administrator of a county 9 or counties, or his duly authorized delegate), or by the 10 Department of Public Welfare, hereinafter cited as the 11 "department." Approval of facilities shall be made by the 12 appropriate authority which can be the department pursuant to 13 regulations adopted by the department. Use of any facility not 14 approved by the Joint Commission for Accreditation of Hospitals 15 shall be prohibited, if the facility is of a type to which 16 standards established by the Joint Commission are intended to 17 apply. An exemption may be granted by the department for a 18 period not in excess of one year and may be renewed in 19 compelling circumstances. Notice of each exemption and the 20 rationale for allowing the exemption must be published pursuant 21 to the act of July 31, 1968 (P.L.769, No.240), known as the 22 "Commonwealth Documents Law," and shall be prominently posted at 23 the entrance to the main office and in the reception areas of 24 the facility. 25 Section 106. Persons Responsible for Formulation and Review 26 of Treatment Plan.--Pursuant to sections 107 and 108 of this 27 act, a physician or a treatment team under the supervision of a 28 physician shall formulate and review an individualized treatment 29 plan for every person who is in treatment under this act. 30 Section 107. Individualized Treatment Plan.--Individualized 19750S1025B1701 - 5 -
1 treatment plan means a plan of treatment formulated for a 2 particular person in a program appropriate to his specific 3 needs. To the extent possible, the plan shall be made with the 4 cooperation, understanding and consent of the person in 5 treatment, and shall impose the least restrictive alternative 6 consistent with affording the person adequate treatment for his 7 condition. 8 Section 108. Periodic Reexamination, Review and 9 Redisposition.--(a) Reexamination and Review. Every person who 10 is in treatment under this act shall be examined by a physician 11 or a treatment team under the supervision of a physician and his 12 treatment plan reviewed not less than once in every 30 days. 13 (b) Redisposition. On the basis of reexamination and review, 14 the examining physician or a treatment team under the 15 supervision of a physician may either authorize continuation of 16 the existing treatment plan if appropriate, formulate a new 17 individualized treatment plan, or recommend to the director the 18 discharge of the person. A person shall not remain in treatment 19 or under any particular mode of treatment for longer than such 20 treatment is necessary and appropriate to his needs. 21 (c) Record of Reexamination and Review. The physician or 22 clinical psychologist responsible for the treatment plan shall 23 maintain a record of each reexamination and review under this 24 section for each person in treatment to include: (1) a report 25 of the reexamination, including a diagnosis and prognosis; (2) a 26 brief description of the treatment provided to the person during 27 the period preceding the reexamination and the results of that 28 treatment; (3) a statement of the reason for discharge or for 29 continued treatment; (4) an individualized treatment plan for 30 the next period, if any; (5) a statement of the reasons that 19750S1025B1701 - 6 -
1 such treatment plan imposes the least restrictive alternative 2 consistent with adequate treatment of his condition; and (6) a 3 certification that the adequate treatment recommended is 4 available and will be afforded in the treatment program. 5 Section 109. Mental Health Review Officer.--Legal 6 proceedings concerning extended involuntary emergency treatment 7 under section 303(c), or court-ordered involuntary treatment 8 under section 304, may be conducted by a judge of the court of 9 common pleas or by a mental health review officer authorized by 10 the court to conduct the proceedings. Mental health review 11 officers shall be members of the bar of the Supreme Court of 12 Pennsylvania, without restriction as to the county of their 13 residence and where possible should be familiar with the field 14 of mental health. They shall be appointed by the respective 15 courts of common pleas for terms not to exceed one year, and may 16 be reappointed to successive terms. 17 Section 110. Written Applications, Petitions, Statements and 18 Certifications.--(a) All written statements pursuant to section 19 302(a)(3), and all applications, petitions, and certifications 20 required under the provisions of this act shall be made subject 21 to the penalties provided under 18 P.C.S.§4904 (relating to 22 unsworn falsification to authorities) and shall contain a notice 23 to that effect. 24 (b) All such applications, petitions, statements and 25 certifications shall be filed with the county administrator in 26 the county where the person was made subject to examination and 27 treatment and such other county in the Commonwealth, if any, in 28 which the person usually resides. 29 Section 111. Confidentiality of Records.--All documents 30 concerning persons in treatment shall be kept confidential and, 19750S1025B1701 - 7 -
1 without the person's written consent, may not be released or 2 their contents disclosed to anyone except: (1) those engaged in 3 providing treatment for the person; (2) the county 4 administrator, pursuant to section 110; and (3) a court in the 5 course of legal proceedings authorized by this act. In no event, 6 however, shall privileged communications, whether written or 7 oral, be disclosed to anyone without such written consent. This 8 shall not restrict the collection and analysis of clinical or 9 statistical data by the department, the county administrator or 10 the facility so long as the use and dissemination of such data 11 does not identify individual patients. Nothing herein shall be 12 construed to conflict with section 8 of the act of April 14, 13 1972 (P.L.221, No.63), known as the "Pennsylvania Drug and 14 Alcohol Abuse Control Act." 15 Section 112. Rules, Regulations and Forms.--The department 16 shall adopt such rules, regulations and forms as may be required 17 to effectuate the provisions of this act. Rules and regulations 18 adopted under the provisions of this act shall be adopted 19 according to provisions of section 201 of the act of October 20, 20 1966 (3rd Sp.Sess., P.L.96, No.6), known as the "Mental Health 21 and Mental Retardation Act of 1966," and the act of July 31, 22 1968 (P.L.769, No.240), known as the "Commonwealth Documents 23 Law." 24 Section 113. Rights and Remedies of Persons in Treatment.-- 25 Every person who is in treatment shall be entitled to all other 26 rights now or hereafter provided under the laws of this 27 Commonwealth, in addition to any rights provided for in this 28 act. Actions requesting damages, declaratory judgment, 29 injunction, mandamus, writs of prohibition, habeas corpus, 30 including challenges to the legality of detention or degree of 19750S1025B1701 - 8 -
1 restraint, and any other remedies or relief granted by law may 2 be maintained in order to protect and effectuate the rights 3 granted under this act. 4 Section 114. Immunity from Civil and Criminal Liability.-- 5 (a) In the absence of willful misconduct or gross negligence, a 6 county administrator, a director of a facility, a physician or 7 any other authorized person who participates in a decision that 8 a person be examined or treated under this act, or that a person 9 be discharged, or placed under partial hospitalization, 10 outpatient care or leave of absence, or that the restraint upon 11 such person be otherwise reduced, or a county administrator or 12 other authorized person who denies an application for 13 involuntary emergency examination and treatment, shall not be 14 civilly or criminally liable for such decision or for any of its 15 consequences. 16 (b) A judge or a mental health review officer shall not be 17 civilly or criminally liable for any actions taken or decisions 18 made by him pursuant to the authority conferred by this act. 19 Section 115. Venue and Location of Legal Proceedings.--(a) 20 The jurisdiction of the courts of common pleas and juvenile 21 courts conferred by Articles II and III shall be exercised 22 initially by the court for the county in which the subject of 23 the proceedings is or resides. Whenever involuntary treatment is 24 ordered, jurisdiction over any subsequent proceeding shall be 25 retained by the court in which the initial proceedings took 26 place, but may be transferred to the county of the person's 27 usual residence. In all cases, a judge of the court of common 28 pleas or a mental health review officer of the county of venue 29 may conduct legal proceedings at a facility where the person is 30 in treatment whether or not its location is within the county. 19750S1025B1701 - 9 -
1 (b) Venue for actions instituted to effectuate rights under 2 this act shall be as now or hereafter provided by law. 3 ARTICLE II 4 Voluntary Examination and Treatment 5 Section 201. Persons Who May Authorize Voluntary 6 Treatment.--Any person 14 years of age or over who believes that 7 he is in need of treatment and substantially understands the 8 nature of voluntary commitment may submit himself to examination 9 and treatment under this act, provided that the decision to do 10 so is made voluntarily. A parent, guardian, or person standing 11 in loco parentis to a child less than 14 years of age may 12 subject such child to examination and treatment under this act, 13 and in so doing shall be deemed to be acting for the child. 14 Except as otherwise authorized in this act, all of the 15 provisions of this act governing examination and treatment shall 16 apply. 17 Section 202. To Whom Application May be Made.--Application 18 for voluntary examination and treatment shall be made to an 19 approved facility or to the county administrator. When 20 application is made to the county administrator, he shall 21 designate the approved facility for examination and for such 22 treatment as may be appropriate. 23 Section 203. Explanation and Consent.--Before a person is 24 accepted for voluntary inpatient treatment, an explanation shall 25 be made to him of such treatment, including the types of 26 treatment in which he may be involved, and any restraints or 27 restrictions to which he may be subject, together with a 28 statement of his rights under this act. Consent shall be given 29 in writing upon a form adopted by the department. The consent 30 shall include the following representations: That the person 19750S1025B1701 - 10 -
1 understands his treatment will involve inpatient status; that he 2 is willing to be admitted to a designated facility for the 3 purpose of such examination and treatment; and that he consents 4 to such admission voluntarily, without coercion or duress; and, 5 if applicable, that he has voluntarily agreed to remain in 6 treatment for a specified period of no longer than 72 hours 7 after having given written notice of his intent to withdraw from 8 treatment. The consent shall be part of the person's record. 9 Section 204. Notice to Parents.--Upon the acceptance of an 10 application for examination and treatment by a minor 14 years or 11 over but less than 18 years of age, the director of the facility 12 shall promptly notify the minor's parents, guardian, or person 13 standing in loco parentis, and shall inform them of the right to 14 be heard upon the filing of an objection. Whenever such 15 objection is filed, a hearing shall be held within 72 hours by a 16 judge or mental health review officer, who shall determine 17 whether or not the voluntary treatment is in the best interest 18 of the minor. 19 Section 205. Physical Examination and Formulation of 20 Individualized Treatment Plan.--Upon acceptance of a person for 21 voluntary examination and treatment he shall be given a physical 22 examination. Within 72 hours after acceptance of a person an 23 individualized treatment plan shall be formulated by a physician 24 or a treatment team under the supervision of a physician. The 25 person shall be advised of the treatment plan, which shall 26 become a part of his record. The treatment plan shall state 27 whether inpatient treatment is considered necessary, and what 28 restraints or restrictions, if any, will be administered, and 29 shall set forth the bases for such conclusions. 30 Section 206. Withdrawal from Voluntary Inpatient 19750S1025B1701 - 11 -
1 Treatment.--(a) A person in voluntary inpatient treatment may 2 withdraw at any time by giving written notice unless, as stated 3 in section 203, he has agreed in writing at the time of his 4 admission that his release can be delayed following such notice 5 for a period to be specified in the agreement, provided that 6 such period shall not exceed 72 hours. 7 (b) If the person is under the age of 14, his parent, legal 8 guardian, or person standing in loco parentis may effect his 9 release. If any responsible party believes that it would be in 10 the best interest of a person under 14 years of age in voluntary 11 treatment to be withdrawn therefrom or afforded treatment 12 constituting a less restrictive alternative, such party may file 13 a petition in the Juvenile Division of the court of common pleas 14 for the county in which the person under 14 years of age 15 resides, requesting a withdrawal from or modification of 16 treatment. The court shall promptly appoint an attorney for such 17 minor person and schedule a hearing to determine what inpatient 18 treatment, if any, is in the minor's best interest. The hearing 19 shall be held within ten days of receipt of the petition, unless 20 continued upon the request of the attorney for such minor. The 21 hearing shall be conducted in accordance with the rules 22 governing other Juvenile Court proceedings. 23 (c) Nothing in this act shall be construed to require a 24 facility to continue inpatient treatment where the director of 25 the facility determines such treatment is not medically 26 indicated. Any dispute between a facility and a county 27 administrator as to the medical necessity for voluntary 28 impatient treatment of a person shall be decided by the 29 Commissioner of Mental Health or his designate. 30 Section 207. Transfer of Person in Voluntary Treatment.--A 19750S1025B1701 - 12 -
1 person who is in voluntary treatment may not be transferred from 2 one facility to another without his written consent. 3 ARTICLE III 4 Involuntary Examination and Treatment 5 Section 301. Persons Who May be Subject to Involuntary 6 Emergency Examination and Treatment.--(a) Persons Subject. 7 Whenever a person is severely mentally disabled and in need of 8 immediate treatment, he may be made subject to involuntary 9 emergency examination and treatment. A person is severely 10 mentally disabled when, as a result of mental illness, his 11 capacity to exercise self-control, judgment and discretion in 12 the conduct of his affairs and social relations or to care for 13 his own personal needs is so lessened that he poses a clear and 14 present danger of harm to others or to himself. 15 (b) Determination of Clear and Present Danger. (1) Clear 16 and present danger to others shall be shown by establishing that 17 within the past 30 days the person has inflicted or attempted to 18 inflict serious bodily harm on another and that there is a 19 reasonable probability that such conduct will be repeated. If, 20 however, the person has been found incompetent to be tried or 21 has been acquitted by reason of lack of criminal responsibility 22 on charges arising from conduct involving infliction of or 23 attempt to inflict substantial bodily harm on another, such 30- 24 day limitation shall not apply so long as an application for 25 examination and treatment is filed within 30 days after the date 26 of such determination or verdict. In such case, a clear and 27 present danger to others may be shown by establishing that the 28 conduct charged in the criminal proceeding did occur, and that 29 there is a reasonable probability that such conduct will be 30 repeated. 19750S1025B1701 - 13 -
1 (2) Clear and present danger to himself shall be shown by 2 establishing that within the past 30 days: 3 (i) the person has acted in such manner as to 4 evidence that he would be unable, without care supervision 5 and the continued assistance of others, to satisfy his need 6 for nourishment, personal or medical care, shelter, or self- 7 protection and safety, and that there is a reasonable 8 probability that death, serious bodily injury or serious 9 physical debilitation would ensue within 30 days unless 10 adequate treatment were afforded under this act; or 11 (ii) the person has attempted suicide and that there 12 is the reasonable probability of suicide unless adequate 13 treatment is afforded under this act; or 14 (iii) the person has severely mutilated himself or 15 attempted to mutilate himself severely and that there is the 16 reasonable probability of mutilation unless adequate 17 treatment is afforded under this act. 18 Section 302. Involuntary Emergency Examination and Treatment 19 Authorized by a Physician - Not to Exceed Seventy-two Hours.-- 20 (a) Application for Examination. Emergency examination may be 21 undertaken at a treatment facility upon the certification of a 22 physician stating the need for such examination; or upon a 23 warrant issued by the county administrator authorizing such 24 examination; or without a warrant upon application by a 25 physician or other authorized person who has personally observed 26 conduct showing the need for such examination. 27 (1) Warrant for Emergency Examination. Upon written 28 application by a physician or other responsible party setting 29 forth facts constituting reasonable grounds to believe a person 30 is severely mentally disabled and in need of immediate 19750S1025B1701 - 14 -
1 treatment, the county administrator may issue a warrant 2 requiring a person authorized by him, or any peace officer, to 3 take such person to the facility specified in the warrant. 4 (2) Emergency Examination Without a Warrant. Upon personal 5 observation of the conduct of a person constituting reasonable 6 grounds to believe that he is severely mentally disabled and in 7 need of immediate treatment, any physician or peace officer, or 8 anyone authorized by the county administrator may take such 9 person to an approved facility for an emergency examination. 10 Upon arrival, he shall make a written statement setting forth 11 the grounds for believing the person to be in need of such 12 examination. 13 (b) Examination and Determination of Need for Emergency 14 Treatment. A person taken to a facility shall be examined by a 15 physician within two hours of arrival in order to determine if 16 the person is severely mentally disabled within the meaning of 17 section 301 and in need of immediate treatment. If it is 18 determined that the person is severely mentally disabled and in 19 need of emergency treatment, treatment shall be begun 20 immediately. If the physician does not so find, or if at any 21 time it appears there is no longer a need for immediate 22 treatment, the person shall be discharged and returned to such 23 place as he may reasonably direct. The physician shall make a 24 record of the examination and his findings. In no event shall a 25 person be accepted for involuntary emergency treatment if a 26 previous application was granted for such treatment and the new 27 application is not based on behavior occurring after the earlier 28 application. 29 (c) Notification of Rights at Emergency Examination. Upon 30 arrival at the facility, the person shall be informed of the 19750S1025B1701 - 15 -
1 reasons for emergency examination and of his right to 2 communicate immediately with others. He shall be given 3 reasonable use of the telephone. He shall be requested to 4 furnish the names of parties whom he may want notified of his 5 custody and kept informed of his status. The county 6 administrator or the director of the facility shall: 7 (1) give notice to such parties of the whereabouts and 8 status of the person, how and when he may be contacted and 9 visited, and how they may obtain information concerning him 10 while he is in inpatient treatment; and 11 (2) take reasonable steps to assure that precautions while 12 the person is detained, the health and safety needs of any of 13 his dependents are met, and that his personal property and the 14 premises he occupies are secure. 15 (d) Duration of Emergency Examination and Treatment. A 16 person who is in treatment pursuant to this section shall be 17 discharged whenever it is determined that he no longer is in 18 need of treatment and in any event within 72 hours, unless 19 within such period: 20 (1) he is admitted to voluntary treatment pursuant to 21 section 202 of this act; or 22 (2) a certification for extended involuntary emergency 23 treatment is filed pursuant to section 303 of this act. 24 Section 303. Extended Involuntary Emergency Treatment 25 Certified by a Judge or Mental Health Review Officer - Not to 26 Exceed Twenty Days.--(a) Persons Subject to Extended Involuntary 27 Emergency Treatment. Application for extended involuntary 28 emergency treatment may be made for any person who is being 29 treated pursuant to section 302 whenever the facility determines 30 that the need for emergency treatment is likely to extend beyond 19750S1025B1701 - 16 -
1 72 hours. The application shall be filed forthwith in the court 2 of common pleas, and shall state the grounds on which extended 3 emergency treatment is believed to be necessary. 4 (b) Appointment of Counsel and Scheduling of Informal 5 Hearing. Upon receiving such application, the court of common 6 pleas shall appoint an attorney who shall represent the person 7 unless it shall appear that the person can afford, and desires 8 to have, private representation. Within 24 hours after the 9 application is filed, an informal hearing shall be conducted by 10 a judge or by a mental health review officer and, if 11 practicable, shall be held at the facility. 12 (c) Informal Hearing on Extended Emergency Treatment 13 Application. (1) At the commencement of the informal hearing, 14 the judge or the mental health review officer shall inform the 15 person of the nature of the proceedings. Information relevant to 16 whether the person is severely mentally disabled and in need of 17 treatment shall be reviewed, including the reasons that 18 continued involuntary treatment is considered necessary. Such 19 explanation shall be made by a physician who examined the person 20 and shall be in terms understandable to a layman. The person or 21 his representative shall have the right to ask questions of the 22 physician and of any other witnesses and to present any relevant 23 information. At the conclusion of the review, if the judge or 24 the review officer finds that the person is severely mentally 25 disabled and in need of continued involuntary treatment, he 26 shall so certify. Otherwise, he shall direct that the facility 27 director or his designee discharge the person. 28 (2) A stenographic or other sufficient record of the 29 proceedings shall be made. Such record shall be kept by the 30 court or mental health review officer for at least one year. 19750S1025B1701 - 17 -
1 (d) Contents of Certification. A certification for extended 2 involuntary treatment shall be made in writing upon a form 3 adopted by the department and shall include: 4 (1) findings by the judge or mental health review officer as 5 to the reasons that extended involuntary emergency treatment is 6 necessary; 7 (2) a description of the treatment to be provided together 8 with an explanation of the adequacy and appropriateness of such 9 treatment, based upon the information received at the hearing; 10 (3) any documents required by the provisions of section 302; 11 (4) the application as filed pursuant to section 303(a); 12 (5) a statement that the person is represented by counsel; 13 and 14 (6) an explanation of the effect of the certification, the 15 person's right to petition the court for release under 16 subsection (g), and the continuing right to be represented by 17 counsel. 18 (e) Filing and Service. The certification shall be filed 19 with the director of the facility and a copy served on the 20 person, such other parties as the person requested to be 21 notified pursuant to section 302(c), and on counsel. 22 (f) Effect of Certification. Upon the filing and service of 23 a certification for extended involuntary emergency treatment, 24 the person may be given treatment in an approved facility for a 25 period not to exceed 20 days. 26 (g) Petition to Common Pleas Court. In all cases in which 27 the hearing was conducted by a mental health review officer, a 28 person made subject to treatment pursuant to this section shall 29 have the right to petition the court of common pleas for review 30 of the certification. A hearing shall be held within 72 hours 19750S1025B1701 - 18 -
1 after the petition is filed unless a continuance is requested by 2 the person's counsel. The hearing shall include a review of the 3 certification and such evidence as the court may receive or 4 require. If the court determines that further involuntary 5 treatment is necessary and that the procedures prescribed by 6 this act have been followed, it shall deny the petition. 7 Otherwise, the person shall be discharged. 8 (h) Duration of Extended Involuntary Emergency Treatment. 9 Whenever a person is no longer severely mentally disabled or in 10 need of immediate treatment and, in any event, within 20 days 11 after the filing of the certification, he shall be discharged, 12 unless within such period: 13 (1) he is admitted to voluntary treatment pursuant to 14 section 202; or 15 (2) the court orders involuntary treatment pursuant to 16 section 304. 17 Section 304. Court-ordered Involuntary Treatment Not to 18 Exceed Ninety Days.--(a) Persons for Whom Application May be 19 Made. (1) A person who is severely mentally disabled and in 20 need of treatment, as defined in section 301(a), may be made 21 subject to court-ordered involuntary treatment upon a 22 determination of clear and present danger under section 23 301(b)(1) (serious bodily harm to others), or section 24 302(b)(2)(i) (inability to care for himself, creating a danger 25 of death or serious harm to himself), or 301(b)(2)(ii) 26 (attempted suicide), or 301(b)(2)(iii) (self-mutilation). 27 (2) Where a petition is filed for a person already subject 28 to involuntary treatment, it shall be sufficient to represent, 29 and upon hearing to reestablish, that the conduct originally 30 required by section 301 in fact occurred, and that his condition 19750S1025B1701 - 19 -
1 continues to evidence a clear and present danger to himself or 2 others. In such event, it shall not be necessary to show the 3 reoccurrence of dangerous conduct, either harmful or 4 debilitating, within the past 30 days. 5 (b) Procedures for Initiating Court-ordered Involuntary 6 Treatment for Persons Already Subject to Involuntary Treatment. 7 (1) Petition for court-ordered involuntary treatment for 8 persons already subject to treatment under sections 303 and 305 9 may be made by the county administrator to the court of common 10 pleas. 11 (2) The petition shall be in writing upon a form adopted by 12 the department and shall include a statement of the facts 13 constituting reasonable grounds to believe that the person is 14 severely mentally disabled and in need of treatment. It shall 15 also state that the person has been given the information 16 required by subsection (b)(3) and shall include copies of all 17 documents relating to examination and treatment of the person 18 which are required under this act. 19 (3) Upon the filing of the petition the county administrator 20 shall serve a copy on the person, his attorney, and those 21 designated to be kept informed, as provided in section 302(c), 22 including an explanation of the nature of the proceedings, the 23 person's right to an attorney and the services of an expert in 24 the field of mental health, as provided by subsection (d). 25 (4) A hearing on the petition shall be held in all cases, 26 not more than five days after the filing of the petition. 27 (5) Treatment shall be permitted to be maintained pending 28 the determination of the petition. 29 (c) Procedures for Initiating Court-ordered Involuntary 30 Treatment for Persons not in Involuntary Treatment. (1) Any 19750S1025B1701 - 20 -
1 responsible party may file a petition in the court of common 2 pleas requesting court-ordered involuntary treatment for any 3 person not already in involuntary treatment for whom application 4 could be made under subsection (a). 5 (2) The petition shall be in writing upon a form adopted by 6 the department and shall set forth facts constituting reasonable 7 grounds to believe that the person is within the criteria for 8 court-ordered treatment set forth in subsection (a). 9 (3) Upon a determination that the petition sets forth such 10 reasonable cause, the court shall appoint an attorney to 11 represent the person and set a date for the hearing as soon as 12 practicable. The attorney shall represent the person unless it 13 shall appear that he can afford, and desires to have, private 14 representation. 15 (4) The court, by summons, shall direct the person to appear 16 for a hearing. The court may issue a warrant directing a person 17 authorized by the county administrator or a peace officer to 18 bring such person before the court at the time of the hearing if 19 there are reasonable grounds to believe that the person will not 20 appear voluntarily. A copy of the petition shall be served on 21 such person at least three days before the hearing together with 22 a notice advising him that an attorney has been appointed who 23 shall represent him unless he obtains an attorney himself, that 24 he has a right to be assisted in the proceedings by an expert in 25 the field of mental health, and that he may request or be made 26 subject to psychiatric examination under subsection (c)(5). 27 (5) Upon motion of either the petitioner or the person, or 28 upon its own motion, the court may order the person to be 29 examined by a psychiatrist appointed by the court. Such 30 examination shall be conducted on an outpatient basis, and the 19750S1025B1701 - 21 -
1 person shall have the right to have counsel present. A report of 2 the examination shall be given to the court and counsel at least 3 48 hours prior to the hearing. 4 (6) Involuntary treatment shall not be authorized during the 5 pendency of a petition except in accordance with section 302 or 6 section 303. 7 (d) Professional Assistance. A person with respect to whom a 8 hearing has been ordered under this section shall have and be 9 informed of a right to employ a physician, clinical psychologist 10 or other expert in mental health of his choice to assist him in 11 connection with the hearing and to testify on his behalf. If the 12 person cannot afford to engage such a professional, the court 13 shall, on application, allow a reasonable fee for such purpose. 14 The fee shall be a charge against the mental health and mental 15 retardation program of the locality. 16 (e) Hearings on Petition for Court-ordered Involuntary 17 Treatment. A hearing on a petition for court-ordered involuntary 18 treatment shall be conducted according to the following: 19 (1) The person shall have the right to counsel and to the 20 assistance of an expert in mental health. 21 (2) The person shall not be called as a witness without his 22 consent. 23 (3) The person shall have the right to confront and cross- 24 examine all witnesses and to present evidence in his own behalf. 25 (4) The hearing shall be public unless it is requested to be 26 private by the person or his counsel. 27 (5) A stenographic or other sufficient record shall be made, 28 which shall be impounded by the court and may be obtained or 29 examined only upon the request of the person or his counsel or 30 by order of the court on good cause shown. 19750S1025B1701 - 22 -
1 (6) The hearing shall be conducted by a judge or by a mental 2 health review officer and may be held at a location other than a 3 courthouse when doing so appears to be in the best interest of 4 the person. 5 (7) A decision shall be rendered within 48 hours after the 6 close of evidence. 7 (f) Determination and Order. Upon a finding by clear and 8 convincing evidence that the person is severely mentally 9 disabled and in need of treatment and subject to section 304(a), 10 an order shall be entered directing treatment of the person in 11 an approved facility as an inpatient or an outpatient. Inpatient 12 treatment shall be deemed appropriate only after full 13 consideration has been given to less restrictive alternatives. 14 Investigation of treatment alternatives shall include 15 consideration of the person's relationship to his community and 16 family, his employment possibilities, all available community 17 resources, and guardianship services. An order for inpatient 18 treatment shall include findings on this issue. 19 (g) Duration of Court-ordered Involuntary Treatment. (1) A 20 person may be made subject to court-ordered involuntary 21 treatment under this section for a period not to exceed 90 days, 22 excepting only that: 23 Persons may be made subject to court-ordered involuntary 24 treatment under this section for a period not to exceed one year 25 if: 26 (i) severe mental disability is based on acts giving 27 rise to the following charges under the Pennsylvania Crimes 28 Code: murder (§2502); voluntary manslaughter (§2503); 29 aggravated assault (§2702); kidnapping (§2901); rape 30 (§3121(1) and (2)); involuntary deviate sexual intercourse 19750S1025B1701 - 23 -
1 (§3123(1) and (2)); and 2 (ii) a finding of incompetency to be tried or a 3 verdict of acquittal because of lack of criminal 4 responsibility has been entered. 5 (2) If at any time the director of a facility concludes that 6 the person is not severely mentally disabled or in need of 7 treatment pursuant to subsection (a), he shall discharge the 8 person. 9 Section 305. Additional Periods of Court-ordered Involuntary 10 Treatment.--At the expiration of a period of court-ordered 11 involuntary treatment under section 304(g), the court may order 12 treatment for an additional period upon the application of the 13 county administrator or the director of the facility in which 14 the person is receiving treatment. Such order shall be entered 15 upon hearing on findings as required by sections 304(a) and (b), 16 and the further finding of a need for continuing involuntary 17 treatment as shown by conduct during the person's most recent 18 period of court-ordered treatment. A person found dangerous to 19 himself under section 301(b)(2)(i),(ii) or (iii) shall be 20 subject to an additional period of involuntary full-time 21 inpatient treatment only if he has first been released to a less 22 restrictive alternative. This limitation shall not apply where, 23 upon application made by the county administrator or facility 24 director, it is determined by a judge or mental health review 25 officer that such release would not be in the person's best 26 interest. 27 Section 306. Transfer of Persons in Involuntary Treatment.-- 28 Person in involuntary treatment pursuant to this act may be 29 transferred to any approved facility. Whenever such transfer 30 will constitute a greater restraint, it shall not take place 19750S1025B1701 - 24 -
1 unless, upon hearing, a judge or mental health review officer 2 finds it to be necessary and appropriate. 3 ARTICLE IV 4 Determinations Affecting Those Charged With Crime, 5 Or Under Sentence 6 Section 401. Examination and Treatment of a Person Charged 7 with Crime or Serving Sentence.--(a) Examination and treatment 8 to be pursuant to civil provisions. Whenever a person who is 9 charged with crime, or who is undergoing sentence, is or becomes 10 severely mentally disabled, proceedings may be instituted for 11 examination and treatment under the civil provisions of this act 12 in the same manner as if he were not so charged or sentenced. 13 Such proceedings, however, shall not affect the conditions of 14 security required by his criminal detention or incarceration. 15 (b) Status in Involuntary Treatment. Whenever a person who 16 is detained on criminal charges or is incarcerated is made 17 subject to inpatient examination or treatment, he shall be 18 transferred, for this purpose, to a mental health facility. 19 During such period, provisions for his security shall continue 20 to be enforced, unless in the interim a pretrial release is 21 effected, or the term of imprisonment expires or is terminated, 22 or it is otherwise ordered by the court having jurisdiction over 23 his criminal status. Upon discharge from treatment, a person who 24 is or remains subject to a detainer or sentence shall be 25 returned to the authority entitled to have him in custody. The 26 period of involuntary treatment shall be credited as time served 27 on account of any sentence to be imposed on pending charges or 28 any unexpired term of imprisonment. 29 (c) Persons Subject to the Juvenile Act. As to any person 30 who is subject to a petition or who has been committed under the 19750S1025B1701 - 25 -
1 Juvenile Act, the civil provisions of this act applicable to 2 children of his age shall apply to all proceedings for his 3 examination and treatment. If such a person is in detention or 4 is committed, the court having jurisdiction under the Juvenile 5 Act shall determine whether such security conditions shall 6 continue to be enforced during any period of involuntary 7 treatment and to whom the person should be released thereafter. 8 Section 402. Incompetence to Proceed on Criminal Charges and 9 Lack of Criminal Responsibility as Defense.--(a) Definition of 10 Incompetency. Whenever a person who has been charged with a 11 crime is found to be substantially unable to understand the 12 nature or object of the proceedings against him or to 13 participate and assist in his defense, he shall be deemed 14 incompetent to be tried, convicted or sentenced so long as such 15 incapacity continues. 16 (b) Application for Incompetency Examination. Application to 17 the court for an order directing an incompetency examination may 18 be presented by an attorney for the Commonwealth, a person 19 charged with a crime, his counsel, or the warden or other 20 official in charge of the institution or place in which he is 21 detained. A person charged with crime shall be represented 22 either by counsel of his selection or by court-appointed 23 counsel. 24 (c) Hearing; When Required. The court, either on application 25 or on its own motion, may order an incompetency examination at 26 any stage in the proceedings and may do so without a hearing 27 unless the examination is objected to by the person charged with 28 a crime or by his counsel. In such event, an examination shall 29 be ordered only after determination upon a hearing that there is 30 a prima facie question of incompetency. 19750S1025B1701 - 26 -
1 (d) Conduct of Examination; Report. When ordered by the 2 court, an incompetency examination shall take place under the 3 following conditions: 4 (1) It shall be conducted as an outpatient examination 5 unless an inpatient examination is, or has been, authorized 6 under another provision of this act. 7 (2) It shall be conducted by at least one psychiatrist and 8 shall relate both to competency to proceed and to criminal 9 responsibility for the crime charged. 10 (3) The person shall be entitled to have counsel present 11 with him and shall not be required to answer any questions or to 12 perform tests unless he has moved for or agreed to the 13 examination. Nothing said or done by such person during the 14 examination may be used as evidence against him in any criminal 15 proceedings on any issue other than that of his mental 16 condition. 17 (4) A report shall be submitted to the court and to counsel 18 and shall contain a description of the examination, which shall 19 include: 20 (i) diagnosis of the person's mental condition; 21 (ii) an opinion as to his capacity to understand the 22 nature and object of the criminal proceedings against him 23 and to assist in his defense; 24 (iii) an opinion as to his mental condition in 25 relation to the standards for criminal responsibility as 26 then provided by law if it appears that the facts 27 concerning his mental condition may also be relevant to 28 the question of legal responsibility; and 29 (iv) when so requested, an opinion as to whether he 30 had the capacity to have a particular state of mind, 19750S1025B1701 - 27 -
1 where such state of mind is a required element of the 2 criminal charge. 3 (e) Defendant's Expert. The court may allow a psychiatrist 4 retained by the defendant to witness and participate in the 5 examination. Whenever a defendant who is financially unable to 6 retain such expert has a substantial objection to the 7 conclusions reached by the court-appointed psychiatrist, the 8 court shall allow reasonable compensation for the employment of 9 a psychiatrist of his selection, which amount shall be 10 chargeable against the mental health and mental retardation 11 program of the locality. 12 (f) Time Limit on Determination. The determination of the 13 competency of a person who is detained under a criminal charge 14 shall be rendered by the court within 20 days after the receipt 15 of the report of examination unless the hearing was continued at 16 the person's request. 17 Section 403. Hearing and Determination of Incompetency to 18 Proceed; Stay of Proceedings; Dismissal of Charges.--(a) 19 Competency Determination and Burden of Proof. The moving party 20 shall have the burden of establishing incompetency to proceed by 21 clear and convincing evidence. The determination shall be made 22 by the court. 23 (b) Effect as Stay - Exception. A determination of 24 incompetency to proceed shall effect a stay of the prosecution 25 for so long as such incapacity persists, excepting that any 26 legal objections suitable for determination prior to trial and 27 without the personal participation of the person charged may be 28 raised and decided in the interim. 29 (c) Defendant's Right to Counsel; Reexamination. A person 30 who is determined to be incompetent to proceed shall have a 19750S1025B1701 - 28 -
1 continuing right to counsel so long as the criminal charges are 2 pending. Following such determination, the person charged shall 3 be reexamined not less than every 60 days by a psychiatrist 4 appointed by the court and a report of reexamination shall be 5 submitted to the court and to counsel. 6 (d) Effect on Criminal Detention. Whenever a person who has 7 been charged with a crime has been determined to be incompetent 8 to proceed, he shall not for that reason alone be denied 9 pretrial release. Nor shall he in any event be detained on the 10 criminal charge longer than the reasonable period of time 11 necessary to determine whether there is a substantial 12 probability that he will attain that capacity in the foreseeable 13 future. If the court determines there is no such probability, it 14 shall discharge the person. Otherwise, he may continue to be 15 criminally detained so long as such probability exists but in no 16 event longer than the period of time specified in subsection 17 403(f). 18 (e) Resumption of Proceedings or Dismissal. When the court, 19 on its own motion or upon the application of the attorney for 20 the Commonwealth or counsel for the defendant, determines that 21 such person has regained his competence to proceed, the 22 proceedings shall be resumed. If the court is of the opinion 23 that by reason of the passage of time and its effect upon the 24 criminal proceedings it would be unjust to resume the 25 prosecution, the court may dismiss the charge and order the 26 person discharged. 27 (f) Stay of Proceedings. In no instance shall the 28 proceedings be stayed for a period in excess of the maximum 29 sentence that may be imposed for the crime or crimes charged, or 30 five years, whichever is less. 19750S1025B1701 - 29 -
1 Section 404. Hearing and Determination of Criminal 2 Responsibility; Bifurcated Trial.--(a) Criminal Responsibility 3 Determination by Court. At a hearing under section 403 of this 4 act the court may, in its discretion, also hear evidence on 5 whether the person was criminally responsible for the commission 6 of the crime charged. It shall do so in accordance with the 7 rules governing the consideration and determination of the same 8 issue at criminal trial. If the person is found to have lacked 9 criminal responsibility, an acquittal shall be entered. If the 10 person is not so acquitted, he may raise the defense at such 11 time as he may be tried. 12 (b) Opinion Evidence on Mental Condition. At a hearing under 13 section 403 or upon trial, a psychiatrist appointed by the 14 court may be called as a witness by the attorney for the 15 Commonwealth or by the defendant and each party may also summon 16 any other psychiatrist or other expert to testify. 17 (c) Bifurcation of Issues or Trial. Upon trial, the court, 18 in the interest of justice, may direct that the issue of 19 criminal responsibility be heard and determined separately from 20 the other issues in the case and, in a trial by jury, that the 21 issue of criminal responsibility be submitted to a separate 22 jury. Upon a request for bifurcation, the court shall consider 23 the substantiality of the defense of lack of responsibility and 24 its effect upon other defenses, and the probability of a fair 25 trial. 26 Section 405. Examination of Person Charged with Crime as Aid 27 in Sentencing.--Examination Before Imposition of Sentence. 28 Whenever a person who has been criminally charged is to be 29 sentenced, the court may defer sentence and order him to be 30 examined for mental illness to aid it in the determination of 19750S1025B1701 - 30 -
1 disposition. This action may be taken on the court's initiative
2 or on the application of the attorney for the Commonwealth, the
3 person charged, his counsel, or any other person acting in his
4 interest. If at the time of sentencing the person is not in
5 detention, examination shall be on an outpatient basis unless
6 inpatient examination for this purpose is ordered pursuant to
7 the civil commitment provisions of Article III.
8 Section 406. Civil Procedure for Court-ordered Involuntary
9 Treatment Following a Determination of Incompetency, or
10 Acquittal by Reason of Lack of Criminal Responsibility or in
11 Conjunction with Sentencing.--Upon a finding of incompetency to
12 stand trial under section 403, after an acquittal by reason of
13 lack of responsibility under section 404, or following an
14 examination in aid of sentencing under section 405, the attorney
15 for the Commonwealth, on his own or acting at the direction of
16 the court, the defendant, his counsel, the county administrator,
17 or any other interested party may petition the same court for an
18 order directing involuntary treatment under section 304.
19 ARTICLE V
20 Effective Date, Applicability,
21 Repeals and Severability
22 Section 501. Effective Date and Applicability.--This act
23 shall take effect 60 days after its enactment and shall
24 thereupon apply immediately to all persons receiving voluntary
25 treatment. As to all persons who were made subject to
26 involuntary treatment prior to the effective date, it shall
27 become applicable 180 days thereafter.
28 Section 502. Repeals.--(A) The definition of "mental <--
29 disability" in section 102, and sections 401, 402, 403, 404,
30 405, 406, 407, 408, 409, 410, 411, 412, 413, 416, 418, 419, and <--
19750S1025B1701 - 31 -
1 420 420 AND 426, act of October 20, 1966 (3rd Sp.Sess., P.L.96, <--
2 No.6), known as the "Mental Health and Mental Retardation Act of
3 1966," are hereby repealed, except in so far as they relate to
4 mental retardation or to persons who are mentally retarded.
5 (B) ALL ACTS AND PARTS OF ACTS ARE REPEALED IN SO FAR AS <--
6 THEY ARE INCONSISTENT HEREWITH.
7 Section 503. Severability.--If any provision of this act
8 including, but not limited to, any provision relating to
9 children or the application thereof including but not limited to
10 an application thereof to a child is held invalid, such
11 invalidity shall not affect other provisions or applications of
12 the act which can be given effect without the invalid provisions
13 or application and to this end the provisions of this act are
14 declared severable.
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