PRIOR PRINTER'S NOS. 1307, 1468 PRINTER'S NO. 1566
No. 1105 Session of 1977
INTRODUCED BY COPPERSMITH AND DOUGHERTY, SEPTEMBER 27, 1977
AS AMENDED ON THIRD CONSIDERATION, JANUARY 30, 1978
AN ACT 1 Amending the act of July 9, 1976 (P.L.817, No.143), entitled "An 2 act relating to mental health procedures; providing for the 3 treatment and rights of mentally disabled persons, for 4 voluntary and involuntary examination and treatment and for 5 determinations affecting those charged with crime or under 6 sentence," further providing for mental health review 7 officers, for the use of statistical data, for immunity and 8 for involuntary treatment; excluding Sundays from the <-- 9 computation of time; and providing for a return to inpatient 10 status, for a stay of proceedings of a person charged with a 11 crime and for voluntary treatment of a person charged with a 12 crime or serving a sentence. 13 The General Assembly of the Commonwealth of Pennsylvania 14 hereby enacts as follows: 15 Section 1. Sections 102, 109, 110, 114, 201 and 206, 16 subsection (d) of section 302, subsections (a) and (c) of 17 section 303 and sections 304 and 305, act of July 9, 1976 18 (P.L.817, No.143), known as the "Mental Health Procedures Act," 19 are amended to read: 20 Section 102. Statement of Policy.--It is the policy of the 21 Commonwealth of Pennsylvania to seek to assure the availability 22 of adequate treatment to persons who are mentally ill, and it is 23 the purpose of this act to establish procedures whereby this
1 policy can be effected. Treatment on a voluntary basis shall be 2 preferred to involuntary treatment; and in every case, the least 3 restrictions consistent with adequate treatment shall be 4 employed. Persons who are mentally retarded, senile, alcoholic, 5 or drug dependent shall receive mental health treatment only if 6 they are also diagnosed as mentally ill, but these conditions of 7 themselves shall not be deemed to constitute mental illness. 8 Chronically disabled persons 65 70 years of age or older who <-- 9 have been continuously hospitalized in a State operated facility 10 for at least two TEN years shall not be subject to the <-- 11 procedures of this act. Such a person's inability to give a 12 rational, informed consent shall not prohibit the department 13 from continuing to provide all necessary treatment to such a 14 person. However, if such a person protests treatment or 15 residence at a State operated facility he shall be subject to 16 the provisions of Article III. 17 Section 109. Mental Health Review Officer.--(a) Legal 18 proceedings concerning extended involuntary emergency treatment 19 under section 303(c), [or] court-ordered involuntary treatment 20 under section 304 or 305 or transfer hearings under section 306, 21 may be conducted by a judge of the court of common pleas or by a 22 mental health review officer authorized by the court to conduct 23 the proceedings. Mental health review officers shall be members 24 of the bar of the Supreme Court of Pennsylvania, without 25 restriction as to the county of their residence and where 26 possible should be familiar with the field of mental health. 27 They shall be appointed by the respective courts of common pleas 28 for terms not to exceed one year, and may be reappointed to 29 successive terms. Law-trained municipal court judges may be 30 appointed mental health review officers. 19770S1105B1566 - 2 -
1 (b) In all cases in which the hearing is conducted by a 2 mental health review officer, a person made subject to treatment 3 shall have the right to petition the court of common pleas for 4 review of the certification. A hearing shall be held within 72 5 hours after the petition is filed unless a continuance is 6 requested by the person's counsel. The hearing shall include a 7 review of the certification and such evidence as the court may 8 receive or require. If the court determines that further 9 involuntary treatment is necessary and that the procedures 10 prescribed by this act have been followed, it shall deny the 11 petition. Otherwise, the person shall be discharged. 12 (c) Notwithstanding any other provision of this act, no 13 judge or mental health review officer shall specify to the 14 treatment team THE ADOPTION OF any treatment technique, <-- 15 modality, OR drug therapies or wards in a facility. THERAPY. <-- 16 Section 110. Written Applications, Petitions, Statements and 17 Certifications.--(a) All written statements pursuant to section 18 302(a)(2), and all applications, petitions, and certifications 19 required under the provisions of this act shall be made subject 20 to the penalties provided under 18 Pa.C.S. § 4904 (relating to 21 unsworn falsification to authorities) and shall contain a notice 22 to that effect. 23 (b) All such applications, petitions, statements and 24 certifications shall be filed with the county administrator in 25 the county where the person was made subject to examination and 26 treatment and such other county in the Commonwealth, if any, in 27 which the person usually resides. 28 (c) Subsections (a) and (b) shall not apply to patients 29 admitted pursuant to Article II when no part of the patient's 30 care is provided with public funds provided that the department 19770S1105B1566 - 3 -
1 may require facilities to report clinical and statistical 2 information so long as the data does not identify individual 3 patients. 4 (d) No public official acting in an official capacity shall 5 be required to pay the court of common pleas any filing fee 6 which in the absence of this provision would be required upon 7 the filing of a petition for involuntary treatment under this 8 act. 9 Section 114. Immunity from Civil and Criminal Liability.-- 10 (a) In the absence of willful misconduct or gross negligence, a 11 county administrator, a director of a facility, a physician, a 12 peace officer or any other authorized person who participates in 13 a decision that a person be examined or treated under this act, 14 or that a person be discharged, or placed under partial 15 hospitalization, outpatient care or leave of absence, or that 16 the restraint upon such person be otherwise reduced, or a county 17 administrator or other authorized person who denies an 18 application for voluntary treatment or for involuntary emergency 19 examination and treatment, shall not be civilly or criminally 20 liable for such decision or for any of its consequences. 21 (b) A judge or a mental health review officer shall not be 22 civilly or criminally liable for any actions taken or decisions 23 made by him pursuant to the authority conferred by this act. 24 Section 201. Persons Who May Authorize Voluntary 25 Treatment.--Any person 14 years of age or over who believes that 26 he is in need of treatment and substantially understands the 27 nature of voluntary [commitment] treatment may submit himself to 28 examination and treatment under this act, provided that the 29 decision to do so is made voluntarily. A parent, guardian, or 30 person standing in loco parentis to a child less than 14 years 19770S1105B1566 - 4 -
1 of age may subject such child to examination and treatment under 2 this act, and in so doing shall be deemed to be acting for the 3 child. Except as otherwise authorized in this act, all of the 4 provisions of this act governing examination and treatment shall 5 apply. 6 Section 206. Withdrawal from Voluntary Inpatient 7 Treatment.--(a) A person in voluntary inpatient treatment may 8 withdraw at any time by giving written notice unless, as stated 9 in section 203, he has agreed in writing at the time of his 10 admission that his release can be delayed following such notice 11 for a period to be specified in the agreement, provided that 12 such period shall not exceed 72 hours. Any patient converted 13 from involuntary treatment ordered pursuant to either section 14 304 or 305 to voluntary treatment status shall agree to remain 15 in treatment for 72 hours after having given written notice of 16 his intent to withdraw from treatment. 17 (b) If the person is under the age of 14, his parent, legal 18 guardian, or person standing in loco parentis may effect his 19 release. If any responsible party believes that it would be in 20 the best interest of a person under 14 years of age in voluntary 21 treatment to be withdrawn therefrom or afforded treatment 22 constituting a less restrictive alternative, such party may file 23 a petition in the Juvenile Division of the court of common pleas 24 for the county in which the person under 14 years of age 25 resides, requesting a withdrawal from or modification of 26 treatment. The court shall promptly appoint an attorney for such 27 minor person and schedule a hearing to determine what inpatient 28 treatment, if any, is in the minor's best interest. The hearing 29 shall be held within ten days of receipt of the petition, unless 30 continued upon the request of the attorney for such minor. The 19770S1105B1566 - 5 -
1 hearing shall be conducted in accordance with the rules 2 governing other Juvenile Court proceedings. 3 (c) Nothing in this act shall be construed to require a 4 facility to continue inpatient treatment where the director of 5 the facility determines such treatment is not medically 6 indicated. Any dispute between a facility and a county 7 administrator as to the medical necessity for voluntary 8 inpatient treatment of a person shall be decided by the 9 Commissioner of Mental Health or his designate. 10 Section 302. Involuntary Emergency Examination and Treatment 11 Authorized by a Physician - Not to Exceed [Seventy-two Hours] 12 One Hundred Twenty Hours.-- * * * 13 (d) Duration of Emergency Examination and Treatment.--A 14 person who is in treatment pursuant to this section shall be 15 discharged whenever it is determined that he no longer is in 16 need of treatment and in any event within [72 hours,] 120 hours, 17 unless within such period: 18 (1) he is admitted to voluntary treatment pursuant to 19 section 202 of this act; or 20 (2) a certification for extended involuntary emergency 21 treatment is filed pursuant to section 303 of this act. 22 Section 303. Extended Involuntary Emergency Treatment 23 Certified by a Judge or Mental Health Review Officer - Not to 24 Exceed Twenty Days.--(a) Persons Subject to Extended 25 Involuntary Emergency Treatment.--Application for extended 26 involuntary emergency treatment may be made for any person who 27 is being treated pursuant to section 302 whenever the facility 28 determines that the need for emergency treatment is likely to 29 extend beyond [72] 120 hours. The application shall be filed 30 forthwith in the court of common pleas, and shall state the 19770S1105B1566 - 6 -
1 grounds on which extended emergency treatment is believed to be 2 necessary. The application shall state the name of any examining 3 physician and the substance of his opinion regarding the mental 4 condition of the person. 5 * * * 6 (c) Informal [Hearing] Conference on Extended Emergency 7 Treatment Application.--(1) At the commencement of the informal 8 [hearing] conference, the judge or the mental health review 9 officer shall inform the person of the nature of the 10 proceedings. Information relevant to whether the person is 11 severely mentally disabled and in need of treatment shall be 12 reviewed, including the reasons that continued involuntary 13 treatment is considered necessary. Such explanation shall be 14 made by a physician who examined the person and shall be in 15 terms understandable to a layman. The judge or mental health 16 review officer may review any relevant information even if it 17 would be normally excluded under rules of evidence if he 18 believes that such information is reliable. The person or his 19 representative shall have the right to ask questions of the 20 physician and of any other witnesses and to present any relevant 21 information. At the conclusion of the review, if the judge or 22 the review officer finds that the person is severely mentally 23 disabled and in need of continued involuntary treatment, he 24 shall so certify. Otherwise, he shall direct that the facility 25 director or his designee discharge the person. 26 (2) A [stenographic or other sufficient] record of the 27 proceedings which need not be a stenographic record shall be 28 made. Such record shall be kept by the court or mental health 29 review officer for at least one year. 30 * * * 19770S1105B1566 - 7 -
1 Section 304. Court-ordered Involuntary Treatment Not to 2 Exceed Ninety Days.--(a) Persons for Whom Application May be 3 Made.--(1) A person who is severely mentally disabled and in 4 need of treatment, as defined in section 301(a), may be made 5 subject to court-ordered involuntary treatment upon a 6 determination of clear and present danger under section 7 301(b)(1) (serious bodily harm to others), or section 8 301(b)(2)(i) (inability to care for himself, creating a danger 9 of death or serious harm to himself), or 301(b)(2)(ii) 10 (attempted suicide), or 301(b)(2)(iii) (self-mutilation). 11 (2) Where a petition is filed for a person already subject 12 to involuntary treatment, it shall be sufficient to represent, 13 and upon hearing to reestablish, that the conduct originally 14 required by section 301 in fact occurred, and that his condition 15 continues to evidence a clear and present danger to himself or 16 others. In such event, it shall not be necessary to show the 17 reoccurrence of dangerous conduct, either harmful or 18 debilitating, within the past 30 days. 19 (b) Procedures for Initiating Court-ordered Involuntary 20 Treatment for Persons Already Subject to Involuntary 21 Treatment.--(1) Petition for court-ordered involuntary 22 treatment for persons already subject to treatment under 23 sections 303, 304 and 305 may be made by the county 24 administrator or the director of the facility to the court of 25 common pleas. 26 (2) The petition shall be in writing upon a form adopted by 27 the department and shall include a statement of the facts 28 constituting reasonable grounds to believe that the person is 29 severely mentally disabled and in need of treatment. The 30 petition shall state the name of any examining physician and the 19770S1105B1566 - 8 -
1 substance of his opinion regarding the mental condition of the 2 person. It shall also state that the person has been given the 3 information required by subsection (b)(3). [and shall include 4 copies of all documents relating to examination and treatment of 5 the person which are required under this act.] 6 (3) Upon the filing of the petition the county administrator 7 shall serve a copy on the person, his attorney, and those 8 designated to be kept informed, as provided in section 302(c), 9 including an explanation of the nature of the proceedings, the 10 person's right to an attorney and the services of an expert in 11 the field of mental health, as provided by subsection (d). 12 (4) A hearing on the petition shall be held in all cases, 13 not more than five days after the filing of the petition. 14 (5) Treatment shall be permitted to be maintained pending 15 the determination of the petition. 16 (c) Procedures for Initiating Court-ordered Involuntary 17 Treatment for Persons not in Involuntary Treatment.--(1) Any 18 responsible party may file a petition in the court of common 19 pleas requesting court-ordered involuntary treatment for any 20 person not already in involuntary treatment for whom application 21 could be made under subsection (a). 22 (2) The petition shall be in writing upon a form adopted by 23 the department and shall set forth facts constituting reasonable 24 grounds to believe that the person is within the criteria for 25 court-ordered treatment set forth in subsection (a). The 26 petition shall state the name of any examining physician and the 27 substance of his opinion regarding the mental condition of the 28 person. 29 (3) Upon a determination that the petition sets forth such 30 reasonable cause, the court shall appoint an attorney to 19770S1105B1566 - 9 -
1 represent the person and set a date for the hearing as soon as 2 practicable. The attorney shall represent the person unless it 3 shall appear that he can afford, and desires to have, private 4 representation. 5 (4) The court, by summons, shall direct the person to appear 6 for a hearing. The court may issue a warrant directing a person 7 authorized by the county administrator or a peace officer to 8 bring such person before the court at the time of the hearing if 9 there are reasonable grounds to believe that the person will not 10 appear voluntarily. A copy of the petition shall be served on 11 such person at least three days before the hearing together with 12 a notice advising him that an attorney has been appointed who 13 shall represent him unless he obtains an attorney himself, that 14 he has a right to be assisted in the proceedings by an expert in 15 the field of mental health, and that he may request or be made 16 subject to psychiatric examination under subsection (c)(5). 17 (5) Upon motion of either the petitioner or the person, or 18 upon its own motion, the court may order the person to be 19 examined by a psychiatrist appointed by the court. Such 20 examination shall be conducted on an outpatient basis, and the 21 person shall have the right to have counsel present. A report of 22 the examination shall be given to the court and counsel at least 23 48 hours prior to the hearing. 24 (6) Involuntary treatment shall not be authorized during the 25 pendency of a petition except in accordance with section 302 or 26 section 303. 27 (d) Professional Assistance.--A person with respect to whom 28 a hearing has been ordered under this section shall have and be 29 informed of a right to employ a physician, clinical psychologist 30 or other expert in mental health of his choice to assist him in 19770S1105B1566 - 10 -
1 connection with the hearing and to testify on his behalf. If the 2 person cannot afford to engage such a professional, the court 3 shall, on application, allow a reasonable fee for such purpose. 4 The fee shall be a charge against the mental health and mental 5 retardation program of the locality. 6 (e) Hearings on Petition for Court-ordered Involuntary 7 Treatment.--A hearing on a petition for court-ordered 8 involuntary treatment shall be conducted according to the 9 following: 10 (1) The person shall have the right to counsel and to the 11 assistance of an expert in mental health. 12 (2) The person shall not be called as a witness without his 13 consent. 14 (3) The person shall have the right to confront and cross- 15 examine all witnesses and to present evidence in his own behalf. 16 (4) The hearing shall be public unless it is requested to be 17 private by the person or his counsel. 18 (5) A stenographic or other sufficient record shall be made, 19 which shall be impounded by the court and may be obtained or 20 examined only upon the request of the person or his counsel or 21 by order of the court on good cause shown. 22 (6) The hearing shall be conducted by a judge or by a mental 23 health review officer and may be held at a location other than a 24 courthouse when doing so appears to be in the best interest of 25 the person. 26 (7) A decision shall be rendered within 48 hours after the 27 close of evidence. 28 (f) Determination and Order.--Upon a finding by clear and 29 convincing evidence that the person is severely mentally 30 disabled and in need of treatment and subject to subsection (a), 19770S1105B1566 - 11 -
1 an order shall be entered directing treatment of the person in 2 an approved facility as an inpatient or an outpatient, or a 3 combination of such treatment as the director of the facility 4 shall from time to time determine. Inpatient treatment shall be 5 deemed appropriate only after full consideration has been given 6 to less restrictive alternatives. Investigation of treatment 7 alternatives shall include consideration of the person's 8 relationship to his community and family, his employment 9 possibilities, all available community resources, and 10 guardianship services. An order for inpatient treatment shall 11 include findings on this issue. 12 (g) Duration of Court-ordered Involuntary Treatment.--(1) A 13 person may be made subject to court-ordered involuntary 14 treatment under this section for a period not to exceed 90 days, 15 excepting only that: Persons may be made subject to court- 16 ordered involuntary treatment under this section for a period 17 not to exceed one year if the person meets the criteria 18 established by clause (2). 19 (2) A person may be subject to court-ordered involuntary 20 treatment for a period not to exceed one year if: 21 (i) severe mental disability is based on acts giving rise to 22 the following charges under the Pennsylvania Crimes Code: murder 23 (§ 2502); voluntary manslaughter (§ 2503); aggravated assault (§ 24 2702); kidnapping (§ 2901); rape (§ 3121(1) and (2)); 25 involuntary deviate sexual intercourse (§ 3123(1) and (2)); 26 arson (§ 3301); and 27 (ii) a finding of incompetency to be tried or a verdict of 28 acquittal because of lack of criminal responsibility has been 29 entered. 30 [(2)] (3) If at any time the director of a facility 19770S1105B1566 - 12 -
1 concludes that the person is not severely mentally disabled or 2 in need of treatment pursuant to subsection (a), he shall 3 discharge the person provided that no person subjected to 4 involuntary treatment pursuant to clause (2) may be discharged 5 without a hearing conducted pursuant to clause (4). 6 (4) In cases involving involuntary treatment pursuant to 7 clause (2), whenever the period of court-ordered involuntary 8 treatment has expired IS ABOUT TO EXPIRE and neither the <-- 9 director nor the county administrator intends to apply for an 10 additional period of court-ordered involuntary treatment 11 pursuant to section 305 or at any time the director concludes 12 that the person is not severely mentally disabled or in need of 13 treatment, the director shall petition the court which ordered 14 the involuntary treatment for the unconditional or conditional 15 release of the person. Notice of such petition shall be given to 16 the person, the county administrator and the district attorney. 17 Within 15 days after the petition has been filed, the court 18 shall hold a hearing to determine if the person is severely 19 mentally disabled and in need of treatment. Petitions which must 20 be filed simply because the period of involuntary treatment will 21 expire shall be filed at least ten days prior to the expiration 22 of the court-ordered period of involuntary treatment. If the 23 court determines after hearing that the person is severely 24 mentally disabled and in need of treatment, it may order 25 additional involuntary treatment not to exceed one year; if the 26 court does not so determine, it shall order the discharge of the 27 person. 28 Section 305. Additional Periods of Court-ordered Involuntary 29 Treatment.--(a) At the expiration of a period of court-ordered 30 involuntary treatment under section 304(g), or this section the 19770S1105B1566 - 13 -
1 court may order treatment for an additional period upon the 2 application of the county administrator or the director of the 3 facility in which the person is receiving treatment. Such order 4 shall be entered upon hearing on findings as required by 5 sections 304(a) and (b), and the further finding of a need for 6 continuing involuntary treatment as shown by conduct during the 7 person's most recent period of court-ordered treatment. The 8 additional period of involuntary treatment shall not exceed 180 9 days; provided that persons meeting the criteria of section 10 304(g)(2) may be subject to an additional period of up to one 11 year of involuntary treatment. A person found dangerous to 12 himself under section 301(b)(2)(i),(ii) or (iii) shall be 13 subject to an additional period of involuntary full-time 14 inpatient treatment only if he has first been released to a less 15 restrictive alternative. This limitation shall not apply where, 16 upon application made by the county administrator or facility 17 director, it is determined by a judge or mental health review 18 officer that such release would not be in the person's best 19 interest. 20 (b) The director of the facility in which the person is 21 receiving treatment shall notify the county administrator at 22 least ten days prior to the expiration of a period of 23 involuntary commitment ordered under section 304 or this 24 section. 25 Section 2. The act is amended by adding a section to read: 26 Section 307. Return to Inpatient Status of Persons on 27 Leave.--(a) Where any involuntary inpatient treatment has been 28 ordered under this act but thereafter the director of the 29 facility has placed such person on short-term leave, such leave 30 may be rescinded and the person returned to inpatient treatment 19770S1105B1566 - 14 -
1 immediately. Such inpatient treatment shall continue as long as 2 the director of the facility shall deem it necessary, not to 3 exceed the term originally ordered by the court. If, in these 4 circumstances, the person shall refuse inpatient treatment, the 5 court or mental health review officer or county administrator, 6 upon application of the director of the facility, may issue a 7 warrant directing a person authorized by him, or any peace 8 officer, to take such person to the facility. The application 9 shall set forth the reason for requiring inpatient treatment and 10 the grounds for believing that such treatment has been refused. 11 (b) Where a person is involuntarily committed pursuant to 12 either section 304 or section 305 because the court makes a 13 finding that the person is a clear and present danger to others 14 and the person is granted leave by a facility on the condition 15 that the person continues to take medication which tends to 16 reduce the likelihood of violent behavior by the person and 17 where the county administrator determines that the person 18 consistently fails to take the prescribed medication, such leave 19 may be rescinded by the director of the facility and the person 20 returned to treatment. The person may not be detained more than 21 20 days without a finding of severe mental disability and the 22 institution of appropriate legal proceedings. The right to 23 rescind a patient's leave pursuant to this section shall be 24 limited to a period ending 90 days after the expiration of the 25 period of court-ordered involuntary care. 26 Section 3. Subsection (b) of section 402 and subsections (c) 27 and (f) of section 403 of the act are amended to read: 28 Section 402. Incompetence to Proceed on Criminal Charges and 29 Lack of Criminal Responsibility as Defense.--* * * 30 (b) Involuntary Treatment of Persons Found Incompetent to 19770S1105B1566 - 15 -
1 Stand Trial Who are Not Mentally Disabled.--Notwithstanding the 2 provisions of Article III of this act, a court may order 3 involuntary treatment of a person found incompetent to stand 4 trial but who is not severely mentally disabled, such 5 involuntary treatment not to exceed a specific period of [30] 60 6 days. Involuntary treatment pursuant to this subsection may be 7 ordered only if the court is reasonably certain that the 8 involuntary treatment will provide the defendant with the 9 capacity to stand trial. The court may order outpatient 10 treatment, partial hospitalization or inpatient treatment. 11 * * * 12 Section 403. Hearing and Determination of Incompetency to 13 Proceed; Stay of Proceedings; Dismissal of Charges.--* * * 14 (c) Defendant's Right to Counsel; Reexamination.--A person 15 who is determined to be incompetent to proceed shall have a 16 continuing right to counsel so long as the criminal charges are 17 pending. Following such determination, the person charged shall 18 be reexamined not less than every [60] 90 days by a psychiatrist 19 appointed by the court and a report of reexamination shall be 20 submitted to the court and to counsel. 21 * * * 22 (f) Stay of Proceedings.--In no instance shall the 23 proceedings be stayed for a period in excess of the maximum 24 sentence of confinement that may be imposed for the crime or 25 crimes charged, or [five] ten years, whichever is less. 26 Section 4. The act is amended by adding a section to read: 27 Section 407. Voluntary Treatment of A Person Charged With 28 Crime Or Serving Sentence.--(a) Whenever a person in criminal 29 detention, whether in lieu of bail or serving a sentence, 30 believes that he is in need of treatment and substantially 19770S1105B1566 - 16 -
1 understands the nature of voluntary treatment he may submit 2 himself to examination and treatment under this act, provided 3 that at least one physician certifies the necessity of such 4 treatment and certifies further that such treatment cannot be 5 adequately provided at the prison or correctional facility where 6 the person then is detained. Such certificate shall set forth 7 the specific grounds which make transfer to a mental health 8 facility necessary. The correctional facility shall secure a 9 written acceptance of the person for inpatient treatment from 10 the mental health facility and shall forward such acceptance to 11 the court. 12 (b) Before any inmate of a prison or correctional facility 13 may be transferred to a mental health facility for the purpose 14 of examination and treatment the court shall review the 15 certification of the physician that such transfer is necessary 16 and may request any other information concerning the necessity 17 of such transfer. Upon such review the court shall either 18 approve or disapprove the transfer. 19 (c) The court of common pleas for the judicial district in 20 which the person is charged or was sentenced shall have 21 jurisdiction for the purpose set forth in this section. 22 (d) Transfer to a mental health facility shall not affect 23 the condition of security required by the person's criminal 24 detention. However, the court shall not order maximum security 25 psychiatric care merely on the ground that the person has been 26 detained in a prison or correctional facility. 27 (e) A report of the person's mental condition shall be made 28 by the mental health facility to the court within 30 days of the 29 person's transfer to such facility. Such report shall also set 30 forth the specific grounds which require continued treatment at 19770S1105B1566 - 17 -
1 a mental health facility. After the initial report the facility 2 shall thereafter report to the court every 180 days. 3 (f) If at any time the person gives notice of his intent to 4 withdraw from treatment at the mental health facility he shall 5 be returned to the authority entitled to have him in custody, or 6 proceedings may be initiated under section 304 of this act. 7 During the pendency of any petition filed under section 304 8 concerning a person in treatment under this section the mental 9 health facility shall have authority to detain the person 10 regardless of the provisions of section 203, provided that the 11 hearing under section 304 is conducted within seven days of the 12 time the person gives notice of his intent to withdraw from 13 treatment. 14 (g) The period of voluntary treatment under this section 15 shall be credited as time served on account of any sentence to 16 be imposed on pending charges or any unexpired term of 17 imprisonment. 18 Section 5. This act shall take effect in 60 days. I21L32RC/19770S1105B1566 - 18 -