AN ACT

 

1Amending the act of July 9, 1976 (P.L.817, No.143), entitled "An 
2act relating to mental health procedures; providing for the 
3treatment and rights of mentally disabled persons, for 
4voluntary and involuntary examination and treatment and for 
5determinations affecting those charged with crime or under 
6sentence," further providing for statement of policy, for 
7provision for treatment and for persons who may be subject to 
8involuntary emergency examination and treatment.

9The General Assembly of the Commonwealth of Pennsylvania
10hereby enacts as follows:

11Section 1. Section 102 of the act of July 9, 1976 (P.L.817, 
12No.143), known as the Mental Health Procedures Act, amended 
13November 26, 1978 (P.L.1362, No.324), is amended to read:

14Section 102. Statement of Policy.--It is the policy of the 
15Commonwealth of Pennsylvania to seek to assure the availability 
16of adequate treatment to persons who are mentally ill, and it is 
17the purpose of this act to establish procedures whereby this 
18policy can be effected. The provisions of this act shall be 
19interpreted in conformity with the principles of due process to 
20make voluntary and involuntary treatment available where the 
21[need is great and its] absence of treatment could result in 

1serious harm to the mentally ill person or to others. Treatment 
2on a voluntary basis shall be preferred to involuntary 
3treatment; and in every case, the least restrictions consistent 
4with adequate treatment shall be employed. Persons who are 
5mentally retarded, senile, alcoholic, or drug dependent shall 
6receive mental health treatment only if they are also diagnosed 
7as mentally ill, but these conditions of themselves shall not be 
8deemed to constitute mental illness: Provided, however, That 
9nothing in this act shall prohibit underutilized State 
10facilities for the mentally ill to be made available for the 
11treatment of alcohol abuse or drug addiction pursuant to the act 
12of April 14, 1972 (P.L.221, No.63), known as the "Pennsylvania 
13Drug and Alcohol Abuse Control Act." Chronically disabled 
14persons 70 years of age or older who have been continuously 
15hospitalized in a State operated facility for at least ten years 
16shall not be subject to the procedures of this act. Such a 
17person's inability to give a rational, informed consent shall 
18not prohibit the department from continuing to provide all 
19necessary treatment to such a person. However, if such a person 
20protests treatment or residence at a State operated facility he 
21shall be subject to the provisions of Article III.

22Section 2. Section 104 of the act is amended to read:

23Section 104. Provision for Treatment.--Adequate treatment
24means a course of treatment designed and administered to
25alleviate a person's pain and distress, to protect a person from 
26predictable deterioration and to maximize the probability of his
27recovery from mental illness. It shall be provided to all
28persons in treatment who are subject to this act. It may include
29inpatient treatment, partial hospitalization, or outpatient
30treatment. Adequate inpatient treatment shall include such

1accommodations, diet, heat, light, sanitary facilities,
2clothing, recreation, education and medical care as are
3necessary to maintain decent, safe and healthful living
4conditions. Treatment shall include diagnosis, evaluation,
5therapy, or rehabilitation needed to alleviate pain and distress
6[and], to facilitate the recovery of a person from mental
7illness and to protect a person from predictable deterioration
8and shall also include care and other services that supplement
9treatment and aid or promote such recovery.

10Section 3. Section 301(b) of the act, amended November 26, 
111978 (P.L.1362, No.324), is amended to read:

12Section 301. Persons Who May be Subject to Involuntary
13Emergency Examination and Treatment.--* * *

14(b) Determination of Clear and Present Danger.--(1) Clear
15and present danger to others shall be shown by establishing that
16within the past 30 days the person has inflicted or attempted to
17inflict serious [bodily] harm [on] to another and that there is
18a reasonable probability that such conduct will be repeated. If,
19however, the person has been found incompetent to be tried or
20has been acquitted by reason of lack of criminal responsibility
21on charges arising from conduct involving infliction of or
22attempt to inflict substantial [bodily] harm [on] to another,
23such 30-day limitation shall not apply so long as an application
24for examination and treatment is filed within 30 days after the
25date of such determination or verdict. In such case, a clear and
26present danger to others may be shown by establishing that the
27conduct charged in the criminal proceeding did occur, and that
28there is a reasonable probability that such conduct will be
29repeated. For the purpose of this section, a clear and present
30danger of harm to others may be demonstrated by proof that the

1person has made one or more threats of harm and [has committed
2acts in furtherance of the threat to commit harm.] the totality 
3of circumstances supports a finding of danger.

4(2) Clear and present danger to himself shall be shown by
5establishing that within the past 30 days:

6(i) the person has acted in such manner as to evidence that
7he would be unable, without care, supervision and the continued
8assistance of others, to satisfy his need for nourishment,
9personal or medical care, shelter, or self-protection and
10safety, and that there is a reasonable probability that death,
11serious bodily injury or serious [physical] debilitation would
12ensue within 30 days unless adequate treatment were afforded
13under this act; or

14(ii) the person has attempted suicide and that there is the
15reasonable probability of suicide unless adequate treatment is
16afforded under this act. For the purposes of this subsection, a
17clear and present danger may be demonstrated by the proof that
18the person has made threats to commit suicide and [has committed
19acts which are in furtherance of the threat to commit suicide]
20the totality of the circumstances support a conclusion that 
21there is a risk of a suicide attempt; or

22(iii) the person has substantially mutilated himself or
23attempted to mutilate himself substantially and that there is
24the reasonable probability of mutilation unless adequate
25treatment is afforded under this act. For the purposes of this
26subsection, a clear and present danger shall be established by
27proof that the person has made one or more threats to commit
28mutilation and [has committed acts which are in furtherance of
29the threat to commit mutilation.] the totality of the 
30circumstances supports a conclusion that there is a risk of an 

1attempt of self-mutilation; or

2(iv) the person has acted in such a way as to evidence that
3he does not have the capacity to make a rational treatment
4decision, and serious debilitation would ensue within 30 days
5from a diagnosed condition unless treatment were afforded under
6this act.

7(3) A person's history of treatment and diagnosis, and a
8person's past behavior may be considered in determining whether
9a person's recent behavior constitutes a clear and present
10danger to others or to himself.

11Section 4. This act shall take effect in 60 days.