THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY PICCOLA, ORIE, BROWNE, TARTAGLIONE, BOSCOLA, EICHELBERGER, STACK, WOZNIAK AND RAFFERTY, JANUARY 24, 2011

REFERRED TO JUDICIARY, JANUARY 24, 2011  

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, further providing for

court-ordered involuntary treatment of certain sexually

violent persons; and making editorial changes.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Chapter 64 of Title 42 of the Pennsylvania

Consolidated Statutes is amended by adding a subchapter heading

to read:

SUBCHAPTER A

CIVIL COMMITMENT OF SEXUALLY

VIOLENT DELINQUENT CHILDREN

Section 2.  Sections 6401, 6402, 6403(a), (b) and (c), 6405,

6406(a) and (b), 6407 and 6408 of Title 42 are amended to read:

§ 6401.  Scope of [chapter] subchapter.

This [chapter] subchapter establishes rights and procedures

for the civil commitment of sexually violent delinquent children

who, due to a mental abnormality or personality disorder, have

serious difficulty in controlling sexually violent behavior and

thereby pose a danger to the public and further provides for

additional periods of commitment for involuntary treatment for

said persons.

§ 6402.  Definitions.

The following words and phrases when used in this [chapter]

subchapter shall have the meanings given to them in this section

unless the context clearly indicates otherwise:

"Act of sexual violence."  Any conduct prohibited under the

following provisions of law:

(1)  18 Pa.C.S. § 3121 (relating to rape).

(2)  18 Pa.C.S. § 3123 (relating to involuntary deviate

sexual intercourse).

(3)  18 Pa.C.S. § 3124.1 (relating to sexual assault).

(4)  18 Pa.C.S. § 3125 (relating to aggravated indecent

assault).

(5)  18 Pa.C.S. § 3126 (relating to indecent assault).

(6)  18 Pa.C.S. § 4302 (relating to incest).

"Board."  The board as defined in section 6302 (relating to

definitions).

"County solicitor."  The solicitor appointed by the county

commissioners or a similar body in home rule counties.

"Department."  The Department of Public Welfare of the

Commonwealth.

"Mental abnormality."  A congenital or acquired condition of

a person affecting the person's emotional or volitional

capacity.

"Sexually violent delinquent child."  A person who has been

found delinquent for an act of sexual violence which if

committed by an adult would be a violation of 18 Pa.C.S. § 3121 

(relating to rape), 3123 (relating to involuntary deviate sexual

intercourse), 3124.1 (relating to sexual assault), 3125

(relating to aggravated indecent assault), 3126 (relating to

indecent assault) or 4302 (relating to incest) and who has been

determined to be in need of commitment for involuntary treatment

under this [chapter] subchapter.

§ 6403.  Court-ordered involuntary treatment.

(a)  Persons subject to involuntary treatment.--A person may

be subject to court-ordered commitment for involuntary treatment

under this [chapter] subchapter if the person:

(1)  Has been adjudicated delinquent for an act of sexual

violence which if committed by an adult would be a violation

of 18 Pa.C.S. § 3121 (relating to rape), 3123 (relating to

involuntary deviate sexual intercourse), 3124.1 (relating to

sexual assault), 3125 (relating to aggravated indecent

assault), 3126 (relating to indecent assault) or 4302

(relating to incest).

(2)  Has been committed to an institution or other

facility pursuant to section 6352 (relating to disposition of

delinquent child) and remains in the institution or other

facility upon attaining 20 years of age.

(3)  Is in need of involuntary treatment due to a mental

abnormality or personality disorder which results in serious

difficulty in controlling sexually violent behavior that

makes the person likely to engage in an act of sexual

violence.

(b)  Procedures for initiating court-ordered involuntary

commitment.--

(1)  Where, pursuant to the provisions of section 6358(f)

(relating to assessment of delinquent children by the State

Sexual Offenders Assessment Board), the court determines that

a prima facie case has been presented that the child is in

need of involuntary treatment under the provisions of this

[chapter] subchapter, the court shall order that a petition

be filed by the county solicitor or a designee before the

court having jurisdiction of the person pursuant to Chapter

63 (relating to juvenile matters).

(2)  The petition shall be in writing in a form adopted

by the department and shall set forth the facts constituting

reasonable grounds to believe the individual is within the

criteria for court-ordered involuntary treatment as set forth

in subsection (a). The petition shall include the assessment

of the person by the board as required in section 6358.

(3)  The court shall set a date for the hearing which

shall be held within 30 days of the filing of the petition

pursuant to paragraph (1) and direct the person to appear for

the hearing. A copy of the petition and notice of the hearing

date shall be served on the person, the attorney who

represented the person at the most recent dispositional

review hearing pursuant to section 6358(e) and the county

solicitor or a designee. The person and the attorney who

represented the person shall, along with copies of the

petition, also be provided with written notice advising that

the person has the right to counsel and that, if he cannot

afford one, counsel shall be appointed for the person.

(4)  The person shall be informed that the person has a

right to be assisted in the proceedings by an independent

expert in the field of sexually violent behavior. If the

person cannot afford to engage such an expert, the court

shall allow a reasonable fee for such purpose.

(c)  Hearing.--A hearing pursuant to this [chapter]

subchapter shall be conducted as follows:

(1)  The person shall not be called as a witness without

the person's consent.

(2)  The person shall have the right to confront and

cross-examine all witnesses and to present evidence on the

person's own behalf.

(3)  The hearing shall be public.

(4)  A stenographic or other sufficient record shall be

made.

(5)  The hearing shall be conducted by the court.

(6)  A decision shall be rendered within five days after

the conclusion of the hearing.

* * *

§ 6405.  Right to counsel.

At each proceeding conducted pursuant to the provisions of

this [chapter] subchapter, the person who is the subject of the

proceeding shall have the right to assistance of counsel.

§ 6406.  Duty of Department of Public Welfare.

(a)  General rule.--The department shall have the duty to

provide a separate, secure State-owned facility or unit utilized

solely for the control, care and treatment of persons committed

pursuant to this [chapter] subchapter. The department shall be

responsible for all costs relating to the control, care and

treatment of persons committed to custody pursuant to this

[chapter] subchapter.

[(b)  Interim facility.--The department may designate a

State-owned facility or unit which currently receives children

who are adjudicated delinquent and committed under Chapter 63

(relating to juvenile matters) to receive individuals committed

under this chapter as long as these individuals are segregated

at all times from children committed under Chapter 63. This

subsection shall expire July 1, 2006.]

* * *

§ 6407.  Regulations.

The department shall adopt in consultation with the Juvenile

Court Judges' Commission and the board such regulations as are

necessary to effectuate the provisions of this [chapter]

subchapter.

§ 6408.  Jurisdiction.

The court of common pleas for the county which entered the

order for commitment of the person for a delinquent act pursuant

to Chapter 63 (relating to juvenile matters) shall have

jurisdiction for proceedings under this [chapter] subchapter,

including subsequent proceedings.

Section 3.  Chapter 64 of Title 42 is amended by adding a

subchapter to read:

SUBCHAPTER B

CIVIL COMMITMENT OF

OTHER SEXUALLY VIOLENT PERSONS

Sec.

6421.  Scope of subchapter.

6422.  Definitions.

6423.  Involuntary treatment.

6424.  Assessments.

6425.  Procedures for initiating court-ordered involuntary

commitment.

6426.  Duration of commitment and review.

6427.  Right to counsel.

6428.  Duty of Department of Public Welfare.

6429.  Regulations.

6430.  Jurisdiction.

6431.  Immunity for good faith conduct.

§ 6421.  Scope of subchapter.

This subchapter establishes rights and procedures for the

civil commitment of sexually violent persons who, due to a

mental abnormality or personality disorder, have serious

difficulty in controlling sexually violent behavior and thereby

pose a danger to the public and further provides for additional

periods of commitment for involuntary treatment for said

persons.

§ 6422.  Definitions.

The following words and phrases when used in this subchapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Act of sexual violence."  Any conduct prohibited under the

following provisions of law:

18 Pa.C.S. § 3121 (relating to rape).

18 Pa.C.S. § 3123 (relating to involuntary deviate sexual

intercourse).

18 Pa.C.S. § 3124.1 (relating to sexual assault).

18 Pa.C.S. § 3125 (relating to aggravated indecent

assault).

18 Pa.C.S. § 3126 (relating to indecent assault).

18 Pa.C.S. § 4302 (relating to incest).

"Board."  The board as defined in section 6302 (relating to

definitions).

"County solicitor."  The solicitor appointed by the county

commissioners or a similar body in home rule counties.

"Court."  The court of common pleas.

"Department."  The Department of Public Welfare of the

Commonwealth.

"Mental abnormality."  A congenital or acquired condition of

a person affecting the person's emotional or volitional

capacity.

"Sexually violent person."  A person who has been convicted

for a violation of 18 Pa.C.S. § 3121 (relating to rape), 3123

(relating to involuntary deviate sexual intercourse), 3124.1

(relating to sexual assault), 3125 (relating to aggravated

indecent assault), 3126 (relating to indecent assault) or 4302

(relating to incest) and who has been determined to be in need

of commitment for involuntary treatment under this subchapter.

§ 6423.  Involuntary treatment.

A person may be subject to court-ordered commitment for

involuntary treatment under this subchapter if the person:

(1)  Has been convicted for a violation of 18 Pa.C.S. §

3121 (relating to rape), 3123 (relating to involuntary

deviate sexual intercourse), 3124.1 (relating to sexual

assault), 3125 (relating to aggravated indecent assault),

3126 (relating to indecent assault) or 4302 (relating to

incest) and has been sentenced to a term of imprisonment,

where the maximum sentence will expire in 18 months.

(2)  Is in need of involuntary treatment due to a mental

abnormality or personality disorder which results in serious

difficulty in controlling sexually violent behavior that

makes the person likely to engage in an act of sexual

violence.

§ 6424.  Assessments.

(a)  Duty of State Sexual Offender Assessment Board.--A

person who has been convicted for a violation of 18 Pa.C.S. §

3121 (relating to rape), 3123 (relating to involuntary deviate

sexual intercourse), 3124.1 (relating to sexual assault), 3125

(relating to aggravated indecent assault), 3126 (relating to

indecent assault) or 4302 (relating to incest) who has been

sentenced to a term of imprisonment, the maximum sentence of

which will expire in 18 months, shall be subject to an

assessment of the board for the purpose of determining whether

the person is in need of involuntary treatment due to mental

abnormality as defined in section 6422 (relating to definitions)

or a personality disorder, either of which results in serious

difficulty in controlling sexually violent behavior.

(b)  Duty of Department of Corrections.--Eighteen months

prior to the expiration of the maximum sentence of the person,

the Department of Corrections shall have the duty to notify the

board of the status of the person, the treatment history of the

person and the institution where the person is incarcerated.

(c)  Assessment.--The board shall conduct an assessment,

which shall include the board's determination of whether or not

the person is in need of commitment for involuntary treatment

due to a mental abnormality as defined in section 6422 or a

personality disorder, either of which results in serious

difficulty in controlling sexually violent behavior. Upon the

completion of the assessment under this section, the board shall

provide the assessment to the county solicitor of the county

from which the person was sentenced for the act of sexual

violence.

§ 6425.  Procedures for initiating court-ordered involuntary

commitment.

(a)  Petition to be filed.--

(1)  If, upon review of the assessment provided pursuant

to section 6424 (relating to assessments), the county

solicitor determines that there is sufficient evidence that

the person is in need of involuntary treatment under this

subchapter, the solicitor shall file a petition under this

section.

(2)  The petition shall be in writing in a form adopted

by the department and shall set forth the facts constituting

reasonable grounds to believe the person is within the

criteria for court-ordered involuntary treatment under this

subsection. The petition shall include the assessment of the

person by the board as required under section 6424.

(3)  The court shall set a date for the hearing, which

shall be held within 30 days of the filing of the petition

under paragraph (1), and direct the person to appear for the

hearing. A copy of the petition and notice of the hearing

date shall be served on the person, the attorney who

represented the person and the county solicitor or a

designee. The person and the attorney who represented the

person shall, along with copies of the petition, also be

provided with written notice advising that the person has the

right to counsel and that, if the person cannot afford one,

counsel shall be appointed for the person.

(4)  The person shall be informed that the person has a

right to be assisted in the proceedings by an independent

expert in the field of sexually violent behavior. If the

person cannot afford to engage the expert, the court shall

allow a reasonable fee for that purpose.

(b)  Hearing.--A hearing under this subchapter shall be

conducted as follows:

(1)  The person shall not be called as a witness without

the person's consent.

(2)  The person shall have the right to confront and

cross-examine all witnesses and to present evidence on the

person's own behalf.

(3)  The hearing shall be public.

(4)  A stenographic or other sufficient record shall be

made.

(5)  The hearing shall be conducted by the court.

(6)  A decision shall be rendered within five days after

the conclusion of the hearing.

(c)  Determination and order.--Upon a finding by clear and

convincing evidence that the person has a mental abnormality or

personality disorder which results in serious difficulty in

controlling sexually violent behavior that makes the person

likely to engage in an act of sexual violence, an order shall be

entered directing the immediate commitment of the person for

inpatient involuntary treatment to a facility designated by the

department. The order shall be in writing and shall be

consistent with the protection of the public safety and the

appropriate control, care and treatment of the person. An appeal

shall not stay the execution of the order.

§ 6426.  Duration of commitment and review.

(a)  Initial period of commitment.--The person shall be

subject to a period of commitment for inpatient treatment for

one year.

(b)  Annual review.--

(1)  Sixty days prior to the expiration of the one-year

commitment period, the director of the facility or a designee

shall submit an evaluation, and the board shall submit an

assessment of the person to the court.

(2)  The court shall schedule a review hearing which

shall be conducted under section 6403(c) (relating to court-

ordered involuntary treatment) and which shall be held no

later than 30 days after receipt of both the evaluation and

the assessment under paragraph (1). Notice of the review

hearing shall be provided to the person, the attorney who

represented the person at the previous hearing held under

this subsection or section 6425 (relating to procedures for

initiating court-ordered involuntary commitment), the

district attorney and the county solicitor or a designee. The

person and the person's attorney shall also be provided with

written notice advising that the person has the right to

counsel and that, if the person cannot afford one, counsel

shall be appointed for the person. If the court determines by

clear and convincing evidence that the person continues to

have serious difficulty controlling sexually violent behavior

due to a mental abnormality or personality disorder that

makes the person likely to engage in an act of sexual

violence, the court shall order an additional period of

involuntary treatment of one year or, if the person does not

continue to have serious difficulty, the court shall order

the discharge of the person. The order shall be in writing

and shall be consistent with the protection of the public

safety and appropriate control, care and treatment of the

person.

(c)  Discharge.--

(1)  If, at any time, the director or a designee of the

facility to which the person was committed concludes that the

person no longer has serious difficulty in controlling

sexually violent behavior, the director shall petition the

court for a hearing. Notice of the petition shall be given to

the person, the attorney who represented the person at the

previous hearing held under subsection (b) or section 6403,

the board, the district attorney and the county solicitor.

The person and the person's attorney shall also be provided

with written notice advising that the person has the right to

counsel and that, if the person cannot afford one, counsel

shall be appointed for the person.

(2)  Upon receipt of notice under paragraph (1), the

board shall conduct a new assessment within 30 days and

provide that assessment to the court.

(3)  Within 15 days after the receipt of the assessment

from the board, the court shall hold a hearing under section

6425. If the court determines by clear and convincing

evidence that the person continues to have serious difficulty

controlling sexually violent behavior due to a mental

abnormality or personality disorder that makes the person

likely to engage in an act of sexual violence, the court

shall order that the person be subject to the remainder of

the period of commitment. If the person does not continue to

have serious difficulty, the court shall order the discharge

of the person.

(4)  The department shall provide the person with notice

of the person's right to petition the court for discharge

over the objection of the department. The court, after review

of the petition, may schedule a hearing under section 6425.

§ 6427.  Right to counsel.

At each proceeding conducted under the provisions of this

subchapter, the person who is the subject of the proceeding

shall have the right to assistance of counsel.

§ 6428.  Duty of Department of Public Welfare.

(a)  General rule.--The department shall have the duty to

provide a separate, secure State-owned facility or unit utilized

solely for the control, care and treatment of persons committed

under this subchapter. The department shall be responsible for

all costs relating to the control, care and treatment of persons

committed to custody under this subchapter.

(b)  Treatment plans.--The department, in consultation with

the board, shall develop policies and procedures for providing

individualized treatment and discharge plans based on clinical

guidelines and professional standards in the fields of sexual

offender treatment and mental health.

§ 6429.  Regulations.

The department shall adopt, in consultation with the board,

such regulations as are necessary to effectuate the provisions

of this subchapter.

§ 6430.  Jurisdiction.

The court of common pleas for the county which entered the

sentence of the person for the act of sexual violence shall have

jurisdiction for proceedings under this subchapter, including

subsequent proceedings.

§ 6431.  Immunity for good faith conduct.

The following entities shall be immune from liability for

good faith conduct under this subchapter:

(1)  Members of the board and its agents and employees.

(2)  The department and its agents and employees.

(3)  County probation departments and their agents and

employees.

Section 4.  This act shall take effect in 60 days.