PRINTER'S NO. 1063
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
750
Session of
2015
INTRODUCED BY GREENLEAF, SCHWANK, RAFFERTY, VULAKOVICH, TEPLITZ,
KITCHEN, BROWNE AND MENSCH, JUNE 18, 2015
REFERRED TO PUBLIC HEALTH AND WELFARE, JUNE 18, 2015
AN ACT
Amending Title 50 (Mental Health) of the Pennsylvania
Consolidated Statutes, adding provisions relating to mental
health procedures and the treatment of individuals with
mental illness in the criminal justice system; making
conforming amendments to Titles 18, 20, 23, 42 and 61; and
repealing the Mental Health Procedures Act.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 50 of the Pennsylvania Consolidated
Statutes is amended by adding a part to read:
PART III
MENTAL HEALTH PROCEDURES
Chapter
31. Preliminary Provisions
32. Voluntary Inpatient Examination and Treatment
33. Involuntary Examination and Treatment
34. Determinations Affecting Those Charged With Crime or
Under Sentence
CHAPTER 31
PRELIMINARY PROVISIONS
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Subchapter
A. General Provisions
B. Administrative Matters
C. General Treatment Provisions
D. Rights and Immunities
SUBCHAPTER A
GENERAL PROVISIONS
Sec.
3101. Short title of part.
3102. Definitions.
3103. Statement of policy.
§ 3101. Short title of part.
This part shall be known and may be cited as the Mental
Health Procedures Code.
§ 3102. Definitions.
Subject to additional definitions contained in subsequent
provisions of this part which are applicable to specific
provisions of this part, the following words and phrases when
used in this part shall have the meanings given to them in this
section unless the context clearly indicates otherwise:
"Adequate treatment." A course of treatment designed and
administered to maximize the probability of the person's
recovery from mental illness.
"Authorized person." A person authorized by the county
administrator to perform a specific duty set forth in this part.
"Client." A person receiving behavioral or mental health
treatment from a mental health professional.
"County administrator." The administrator of a county
program or the designee of the administrator.
"County program." A mental health and intellectual
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disability program established under Article III of the act of
October 20, 1966 (3rd Sp.Sess., P.L.96, No.6), known as the
Mental Health and Intellectual Disability Act of 1966.
"Department." The Department of Human Services of the
Commonwealth.
"Facility." A mental health establishment, hospital, clinic,
institution, center, day-care center, base-service unit,
community mental health center or a part of such facility that
provides for the diagnosis, treatment, care or rehabilitation of
persons with mental illness.
"Incompetent to proceed on criminal charges." A person who
has been charged with a crime who is found to be substantially
unable to understand the nature or object of the proceedings
against the person or to participate and assist in the person's
own defense.
"Individualized treatment plan" or "treatment plan." A plan
of treatment formulated for a particular person in a program
appropriate to the person's specific needs.
"Inpatient treatment." Includes all treatment that requires
full-time or part-time residence in a facility.
"Licensed clinical psychologist." A psychologist licensed
under the act of March 23, 1972 (P.L.136, No.52), known as the
Professional Psychologists Practice Act, who holds a doctoral
degree from an accredited university and is duly trained and
experienced in the delivery of direct preventive assessment and
therapeutic intervention services to individuals whose growth,
adjustment or functioning is actually impaired or demonstrably
at risk of impairment.
"Licensed psychologist." An individual licensed under the
Professional Psychologists Practice Act.
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"Mental health professional." A person licensed or certified
in this Commonwealth in any mental health-related field to whom
the confidentiality provisions of this part apply.
"Mental health review officer." A person authorized by a
court of common pleas to conduct proceedings under this part.
"Review officer." A mental health review officer.
"Serious mental illness." As defined by the department in
its regulations.
"Severely mentally disabled." A condition in which, as a
result of mental illness, a person's capacity to exercise self-
control, judgment and discretion in the conduct of the person's
affairs and social relations or to care for the person's own
personal needs is so lessened that the person poses a clear and
present danger of harm to self or others, as determined in
section 3301 (relating to persons who may be subject to
involuntary emergency examination and treatment).
"Treatment." Includes the following:
(1) Diagnosis, evaluation, therapy or rehabilitation
needed to alleviate pain or distress and to facilitate the
recovery of a person from mental illness.
(2) Care and other services that supplement treatment
described in paragraph (1) and aid or promote the recovery of
a person from mental illness.
§ 3103. Statement of policy.
The purpose of this part is to establish procedures whereby
the Commonwealth can seek to assure the availability of adequate
treatment to persons with mental illness. The provisions of this
part shall be interpreted in conformity with the principles of
due process to make voluntary and involuntary treatment
available where the need is great and its absence could result
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in serious harm to the person with mental illness or to others.
SUBCHAPTER B
ADMINISTRATIVE MATTERS
Sec.
3111. Rules and regulations.
3112. Forms.
3113. Confidentiality of records.
3114. Jurisdiction and venue.
3115. Conduct of proceedings.
3116. Reporting requirements for firearms background checks.
§ 3111. Rules and regulations.
The department shall adopt any rules and regulations
necessary to effectuate the provisions of this part. Rules and
regulations adopted under the provisions of this part shall be
adopted according to the provisions of section 201 of the act of
October 20, 1966 (3rd Sp.Sess., P.L.96, No.6), known as the
Mental Health and Intellectual Disability Act of 1966, and the
act of July 31, 1968 (P.L.769, No.240), referred to as the
Commonwealth Documents Law.
§ 3112. Forms.
(a) Development.--The department shall establish and adopt
forms necessary to effectuate the provisions of this part.
(b) Verification.--A warrant or application under section
3302(a)(2) (relating to involuntary emergency examination and
treatment) and each application, petition and certification
required under this part shall be made subject to the penalties
provided under 18 Pa.C.S. § 4904 (relating to unsworn
falsification to authorities) and must contain a notice to that
effect.
(c) Submission.--Each warrant, application, petition or
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certification under subsection (b) must be submitted to the
county administrator in the following counties:
(1) Where the person was made subject to examination and
treatment.
(2) Any other county in this Commonwealth in which the
person is domiciled.
(d) Applicability to voluntary treatment.--Subsections (a)
and (b) shall not apply to a person admitted to a treatment
facility pursuant to Chapter 32 (relating to voluntary inpatient
examination and treatment) when no part of the person's care is
provided for with public funds. The department may require
facilities to report clinical and statistical information, but
the information must not directly or indirectly identify any
person who is the subject of the information reported.
§ 3113. Confidentiality of records.
(a) Documents in general.--All documents concerning persons
in treatment shall be kept confidential and, without the written
consent of the person, may not be released or their contents
disclosed to anyone except:
(1) Those engaged in providing treatment for the person.
(2) The county administrator, pursuant to section
3112(c) (relating to forms).
(3) A court in the course of legal proceedings
authorized by this part.
(4) Pursuant to Federal rules, statutes or regulations
governing disclosure of patient information where treatment
is undertaken by a Federal agency.
(b) Privileged communications.--Privileged communications,
whether written or oral, may not be disclosed to anyone without
written consent of the person who made the communication.
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(c) Statistical analysis.--Nothing in this section prohibits
the collection or analysis of clinical or statistical data by
the department, the county administrator or the facility if the
use or dissemination of the data does not directly or indirectly
identify any person who is the subject of the information
reported.
(d) Other law.--Nothing in this section shall be construed
to conflict with section 8 of the act of April 14, 1972
(P.L.221, No.63), known as the Pennsylvania Drug and Alcohol
Abuse Control Act.
§ 3114. Jurisdiction and venue.
(a) Initial jurisdiction.--The jurisdiction of a court of
common pleas or juvenile court conferred by Chapters 32
(relating to voluntary inpatient examination and treatment) and
33 (relating to involuntary examination and treatment) shall be
exercised initially by the court for the county in which the
subject of the proceedings is located or resides.
(b) Subsequent proceedings.--If involuntary treatment is
ordered, jurisdiction over any subsequent proceeding shall be
retained by the court in which the initial proceeding occurred,
but jurisdiction may be transferred to the county where the
person is domiciled.
(c) Proceedings at treatment facility.--The court or a
mental health review officer of the county having jurisdiction
over the proceedings may conduct legal proceedings at a facility
where the person is in treatment, whether or not the facility is
located within the county where the court or mental health
review officer normally conducts business.
(d) Venue for actions involving statutory rights.--Venue for
actions instituted to effectuate rights under this part shall be
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as now or hereafter provided by law.
§ 3115. Conduct of proceedings.
A proceeding under sections 3303(c) (relating to extended
involuntary emergency treatment), 3304 (relating to court-
ordered involuntary treatment), 3305 (relating to additional
periods of court-ordered involuntary treatment) and 3306
(relating to transfer of persons in involuntary treatment) may
be conducted by the court or a mental health review officer.
§ 3116. Reporting requirements for firearms background checks.
(a) Disclosure for firearms background check purposes.--
Notwithstanding any other law to the contrary, the court, a
mental health review officer and a county administrator shall
notify the Pennsylvania State Police on a form developed by the
Pennsylvania State Police of the identity of any of the
following persons:
(1) A person who has been adjudicated incompetent to
proceed on criminal charges under Chapter 34 (relating to
determinations affecting those charged with crime or under
sentence).
(2) A person who has been involuntarily committed to a
mental institution for inpatient care and treatment under
this part.
(3) A person who has been involuntarily treated as
described under 18 Pa.C.S. § 6105(c)(4) (relating to persons
not to possess, use, manufacture, control, sell or transfer
firearms).
(b) Timing of notification.--The notification under
subsection (a) shall be transmitted within seven days of the
adjudication, commitment or treatment.
(c) Confidentiality provisions waived.--Section 3113
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(relating to confidentiality of records) shall not restrict the
disclosure of information:
(1) To the Pennsylvania State Police under this section.
(2) By the Pennsylvania State Police to a person in
accordance with 18 Pa.C.S. § 6105(c)(4).
SUBCHAPTER C
GENERAL TREATMENT PROVISIONS
Sec.
3121. Applicability.
3122. Referral of persons discharged from treatment.
3123. Basic treatment requirements.
3124. Treatment facilities.
3125. Treatment team.
3126. Individualized treatment plan.
3127. Periodic reexamination, review and redisposition.
3128. Duty to protect.
§ 3121. Applicability.
(a) Treatment covered.--This part establishes rights and
procedures for:
(1) All involuntary inpatient treatment of persons with
mental illness.
(2) All involuntary outpatient treatment of persons with
mental illness.
(3) All voluntary inpatient treatment of persons with
mental illness.
(b) Limitations on treatment.--Treatment shall be delivered
subject to the following:
(1) Treatment on a voluntary basis shall be preferred to
involuntary treatment.
(2) In every case, the least restrictions consistent
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with adequate treatment standards shall be employed.
(c) Treatment of individuals with multiple diagnoses.--
Individuals who are intellectually disabled, senile or alcohol
or drug dependent shall receive mental health treatment only if
they are also diagnosed as mentally ill, but each of these
conditions alone may not be deemed to constitute mental illness.
(d) Treatment of alcohol abuse or drug addiction.--Nothing
in this part shall prohibit underutilized State facilities for
the mentally ill to be made available for the treatment of
alcohol abuse or drug addiction pursuant to the act of April 14,
1972 (P.L.221, No.63), known as the Pennsylvania Drug and
Alcohol Abuse Control Act.
(e) Treatment of chronically disabled elderly persons.--A
chronically disabled person who is 70 years of age or older and
who has been continuously hospitalized in a State-operated
facility for at least 10 years is not subject to the procedures
of this part. The person's inability to give a rational and
informed consent does not prohibit the department from
continuing to provide all necessary treatment to the person. If
the individual protests treatment or residence at a State-
operated facility, that individual shall be subject to the
provisions of Chapter 33 (relating to involuntary examination
and treatment).
§ 3122. Referral of persons discharged from treatment.
(a) Discharge from State institutions.--The facility
administration shall refer those voluntary and involuntary
patients discharged from State institutional programs to the
appropriate county program.
(b) County program responsibilities.--Pursuant to Article
III of the act of October 20, 1966 (3rd Sp.Sess., P.L.96, No.6),
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known as the Mental Health and Intellectual Disability Act of
1966, county programs shall receive referrals from State-
operated facilities and shall be responsible for the treatment
needs of county residents discharged from institutions pursuant
to Chapters 32 (relating to voluntary inpatient examination and
treatment) and 33 (relating to involuntary examination and
treatment).
§ 3123. Basic treatment requirements.
(a) Adequacy.--Adequate treatment shall be provided to all
persons in treatment who are subject to this part.
(b) Forms of treatment.--Adequate treatment may include
inpatient treatment, partial hospitalization or outpatient
treatment.
(c) Adequacy of inpatient treatment.--Adequate inpatient
treatment shall include those accommodations, diet, heat, light,
sanitary facilities, clothing, recreation, education and medical
care as necessary to maintain decent, safe and healthy living
conditions.
§ 3124. Treatment facilities.
(a) Approved facilities.--All involuntary and voluntary
treatment funded in whole or in part by public money shall be
available at a facility approved for such purposes by the county
administrator or the department. Approval of facilities shall be
made by the appropriate authority which can be the department
pursuant to regulations adopted by the department.
(b) Veterans facilities.--Treatment may be ordered at the
United States Department of Veterans Affairs or other Federal
agency upon receipt of a certificate that the person is eligible
for such hospitalization or treatment and that there is
available space for the person's care. Mental health facilities
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operated under the direct control of the United States
Department of Veterans Affairs or other Federal agency are
exempt from obtaining State approval.
(c) Standards for approval.--The department standards for
approval shall be at least as stringent as those of the
following, to the extent that the type of facility is one in
which those standards are intended to apply:
(1) The joint commission for accreditation of hospitals.
(2) Titles XVIII and XIX of the Social Security Act (49
Stat. 620, 42 U.S.C. § 301 et seq.).
(d) Exemption.--An exemption from the standards may be
granted by the department under the following conditions:
(1) The exemption may be for a period not in excess of
one year, which may be renewed.
(2) Notice of each exemption and the rationale for
allowing the exemption must be published pursuant to the act
of July 31, 1968 (P.L.769, No.240), referred to as the
Commonwealth Documents Law.
(3) Notice of each exemption shall be prominently posted
at the entrance to the main office and in the reception areas
of the facility.
§ 3125. Treatment team.
(a) Leadership.--A treatment team must be under the
direction of either of the following:
(1) A licensed clinical psychologist.
(2) A physician if:
(i) failure to do so would jeopardize Federal
payments made on behalf of a patient; or
(ii) the director of a facility requires the
treatment to be under the direction of a physician.
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(b) Composition.--A treatment team must include a physician
and may include other mental health professionals.
(c) Independence of professional judgment.--Notwithstanding
any other provision of this part, the court or mental health
review officer may not specify to the treatment team the
adoption of any treatment techniques, modality or drug therapy.
§ 3126. Individualized treatment plan.
(a) Formulation.--A treatment team shall formulate and
review an individualized treatment plan for each person who is
in treatment under this part.
(b) Basic criteria.--To the extent possible, an
individualized treatment plan shall be made with the
cooperation, understanding and consent of the person in
treatment, and the least restrictions consistent with adequate
treatment standards shall be employed.
(c) Administration of drugs.--The administration of drugs
shall be controlled by the act of April 14, 1972 (P.L.233,
No.64), known as The Controlled Substance, Drug, Device and
Cosmetic Act.
§ 3127. Periodic reexamination, review and redisposition.
(a) Reexamination and review.--
(1) Each person who is in treatment under this part
shall be examined by a treatment team.
(2) The person's individualized treatment plan shall be
reviewed at least every 30 days.
(b) Redisposition.--On the basis of reexamination and
review, the treatment team may:
(1) authorize continuation of the existing treatment
plan if appropriate;
(2) formulate a new individualized treatment plan; or
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(3) recommend to the director of the facility the
discharge of the person.
(c) Duration or modality of treatment.--A person shall not
remain in treatment or under any particular mode of treatment
for longer than the treatment is necessary and appropriate to
the person's needs.
(d) Record.--The treatment team responsible for the
treatment plan shall maintain a record of each reexamination and
review under this section for each person in treatment, which
shall include all of the following:
(1) A report of the reexamination, including a diagnosis
and prognosis.
(2) A brief description of the treatment provided to the
person during the period preceding the reexamination and the
results of that treatment.
(3) A statement of the reason for discharge or for
continued treatment.
(4) An individualized treatment plan for the next
period, if any.
(5) A statement of the reasons that the treatment plan
imposes the least restrictions consistent with adequate
treatment standards.
(6) A certification that the adequate treatment
recommended is available and will be afforded in the
treatment program.
§ 3128. Duty to protect.
(a) Criteria for duty to apply.--In accordance with the
procedures under subsection (b), a mental health professional
shall attempt to protect each potential victim from a threat of
danger from a client of the mental health professional if all of
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the following apply:
(1) The client has communicated to the mental health
professional an explicit threat of imminent serious physical
harm or death to a clearly identified or identifiable victim
or the general public or a mental health professional
reasonably believes after considering the totality of the
circumstances that a client of the mental health professional
presents an imminent threat of serious physical harm or death
to a clearly identified or identifiable victim or the general
public.
(2) The mental health professional reasonably believes,
or by the standards of the professional's profession should
believe, that the client has the intent and ability to carry
out the threat.
(3) The threat has been communicated to the professional
by the threatening client while the professional is engaged
in his professional duties.
(b) Actions necessary to discharge duty.--A mental health
professional may:
(1) use therapeutic interventions or take therapeutic
precautions that a reasonable prudent mental health
professional would take under the circumstances to diffuse
the danger;
(2) communicate the threat to all identified or
identifiable victims;
(3) communicate the threat to any individual whose
knowledge is likely to protect the health and life of a third
party or the public;
(4) notify a law enforcement agency in the vicinity
where the client or any potential victim resides; or
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(5) take reasonable steps to initiate proceedings for
voluntary or involuntary commitment if appropriate.
(c) Immunity from civil liability.--No cause of action shall
exist against a mental health professional, and no legal
liability may be imposed for breaching a duty to warn of a
threat of danger by a client, unless the mental health
professional:
(1) fails to comply with this section; and
(2) the failure to comply is the result of an
intentional or grossly negligent act or omission that results
in harm to a potential victim of the client's threats.
(d) Confidentiality.--
(1) A disclosure made in good faith under this section
may not be considered a breach of confidentiality between the
mental health professional and the client.
(2) For a mental health professional who is a "covered
entity" under the Health Insurance Portability and
Accountability Act of 1996 (Public Law 104-191, 110 Stat.
1936), disclosures authorized under this section are declared
to be disclosures authorized without the consent of the
client under 45 CFR 164.512(j)(1) (relating to uses and
disclosures for which an authorization or opportunity to
agree or object is not required).
SUBCHAPTER D
RIGHTS AND IMMUNITIES
Sec.
3131. Rights and remedies of persons in treatment.
3132. Immunity from civil and criminal liability.
§ 3131. Rights and remedies of persons in treatment.
Each person who is in treatment shall be entitled to all
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other rights now or hereafter provided under the laws of this
Commonwealth, in addition to any rights provided for in this
part. Actions requesting damages, declaratory judgment,
injunction, mandamus, writs of prohibition, habeas corpus,
including challenges to the legality of detention or degree of
restraint, and any other remedies or relief granted by law, may
be maintained in order to protect and effectuate the rights
granted under this part.
§ 3132. Immunity from civil and criminal liability.
(a) Treatment decisions in general.--In the absence of
willful misconduct or gross negligence, a county administrator,
director of a facility, physician, peace officer or any other
authorized person may not be held civilly or criminally liable
for any of the following decisions or the consequences of the
decision:
(1) To examine or treat a person under this part.
(2) To discharge a person under this part.
(3) To place a person subject to this part under partial
hospitalization, outpatient care or leave of absence.
(4) To reduce a restraint upon a person subject to this
part.
(b) Denial of treatment.--A county administrator or other
authorized person who denies an application for voluntary
treatment or involuntary emergency examination and treatment may
not be civilly or criminally liable for the decision or any of
its consequences.
(c) Judicial immunity.--A court officer or a mental health
review officer shall not be civilly or criminally liable for an
action taken or decision made pursuant to the authority
conferred by this part.
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CHAPTER 32
VOLUNTARY INPATIENT EXAMINATION
AND TREATMENT
Sec.
3201. Authorization for voluntary treatment.
3202. Application for voluntary treatment.
3203. Explanation and consent.
3204. Notice to parents.
3205. Physical examination and individualized treatment plan.
3206. Withdrawal from voluntary treatment.
3207. Transfer of person in voluntary treatment.
§ 3201. Authorization for voluntary treatment.
(a) Self-admission.--A person may submit to examination and
treatment under this part if:
(1) The person is 14 years of age or older.
(2) The person believes that treatment is needed.
(3) The person substantially understands the nature of
voluntary treatment.
(4) The decision is voluntary.
(b) Parental authorization.--A parent, guardian or person
standing in loco parentis to a child who is younger than 14
years of age may subject the child to examination and treatment
under this part and in so doing shall be deemed to be acting for
the child.
(c) Applicability.--Except as otherwise authorized in this
part, all of the provisions of this part governing examination
and treatment shall apply.
§ 3202. Application for voluntary treatment.
(a) To whom application may be made.--An application for
voluntary examination and treatment may be made to any of the
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following entities:
(1) An approved facility.
(2) A county administrator.
(3) The United States Department of Veterans Affairs.
(4) Any other Federal agency operating a facility for
the care and treatment of mental illness.
(b) Designation of treatment facility.--When application is
made to the county administrator, the county administrator shall
designate the approved facility for examination and treatment as
may be appropriate.
§ 3203. Explanation and consent.
(a) Explanation to be given.--Before a person is accepted
for voluntary inpatient treatment, an explanation shall be given
to the person that includes the following information:
(1) The nature of the treatment, including the types of
treatment in which the person may be involved.
(2) Any restraints or restrictions to which the person
may be subject.
(3) A statement of the person's rights under this part.
(b) Form of consent.--Consent shall be given in writing upon
a form adopted by the department.
(c) Contents of consent.--The consent shall include the
following representations:
(1) That the person understands treatment will involve
inpatient status.
(2) That the person is willing to be admitted to a
designated facility for the purpose of examination and
treatment.
(3) That the person consents to the admission
voluntarily, without coercion or duress.
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(4) If applicable, that the person has voluntarily
agreed to remain in treatment for a specified period of no
longer than 72 hours after having given written notice of the
intent to withdraw from treatment.
(d) Record of consent.--The consent shall be part of the
person's record.
§ 3204. Notice to parents.
(a) Notice.--Upon the acceptance of an application for
examination and treatment by a child who is 14 years of age or
older and younger than 18 years of age, the director of the
facility shall promptly notify the child's parents, guardian or
person standing in loco parentis to the child to inform them of
the right to be heard upon the filing of an objection to the
examination and treatment.
(b) Objection to treatment by parent.--Whenever an objection
is filed by the parents, guardian or person standing in loco
parentis of a child, a hearing shall be held within 72 hours by
the court or mental health review officer, to determine whether
or not the voluntary treatment is in the best interest of the
child.
§ 3205. Physical examination and individualized treatment plan.
(a) Physical examination.--Upon acceptance of a person for
voluntary examination and treatment, the person shall be given a
physical examination.
(b) Individualized treatment plan.--Within 72 hours after
acceptance of a person, a treatment team shall formulate an
individualized treatment plan, subject to the following
requirements:
(1) The person shall be advised of the treatment plan,
which shall become a part of the person's record.
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(2) The treatment plan shall state the following:
(i) Whether inpatient treatment is considered
necessary.
(ii) What restraints or restrictions, if any, will
be administered.
(iii) The bases for the conclusions under
subparagraphs (i) and (ii).
§ 3206. Withdrawal from voluntary treatment.
(a) Written notice.--Except as provided in subsections (b)
and (c), a person in voluntary inpatient treatment may withdraw
at any time by giving written notice of the intent to withdraw
from treatment.
(b) Waiting period.--
(1) A person in voluntary inpatient treatment who,
pursuant to section 3203(c)(4) (relating to explanation and
consent), agreed in writing at the time of admission that
release could be delayed for a period specified in the
agreement, not to exceed 72 hours, may have that release so
delayed.
(2) A person converted from involuntary treatment
ordered pursuant to section 3304 (relating to court-ordered
involuntary treatment) or 3305 (relating to additional
periods of court-ordered involuntary treatment) to voluntary
treatment status shall agree to remain in treatment for 72
hours after giving notice.
(c) Release of children younger than 14 years of age; who
may initiate.--If the child is younger than 14 years of age, the
parent, legal guardian, or person standing in loco parentis to
the child may affect the child's release. If any responsible
party believes that it would be in the best interest of a child
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younger than 14 years of age in voluntary treatment to be
withdrawn therefrom or afforded treatment constituting the least
restrictions consistent with adequate treatment standards, that
party may file a petition in the juvenile division of the court
of common pleas for the county in which the child younger than
14 years of age resides, requesting a withdrawal from or
modification of treatment.
(d) Appointment of counsel; hearing for child younger than
14 years of age.--The court shall promptly appoint an attorney
for a child for whom a petition was filed under subsection (b)
and schedule a hearing to determine what inpatient treatment, if
any, is in the best interest of the child. The hearing shall be
held within 10 days of receipt of the petition, unless continued
upon the request of the attorney for the child. The hearing
shall be conducted in accordance with the rules governing other
juvenile court proceedings.
(e) Lack of medical necessity.--Nothing in this part shall
be construed to require a facility to continue inpatient
treatment where the director of the facility determines such
treatment is not medically indicated. Any dispute between a
facility and a county administrator as to the medical necessity
for voluntary inpatient treatment of a person shall be decided
by the Commissioner of Mental Health or the designee of the
commissioner.
§ 3207. Transfer of person in voluntary treatment.
A person who is in voluntary treatment may not be transferred
from one facility to another without the written consent of the
person.
CHAPTER 33
INVOLUNTARY EXAMINATION AND TREATMENT
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Subchapter
A. Inpatient or Outpatient Involuntary Examination and
Treatment
B. Assisted Outpatient Treatment
SUBCHAPTER A
INPATIENT OR OUTPATIENT INVOLUNTARY
EXAMINATION AND TREATMENT
Sec.
3301. Persons who may be subject to involuntary emergency
examination and treatment.
3302. Involuntary emergency examination and treatment.
3303. Extended involuntary emergency treatment.
3304. Court-ordered involuntary treatment.
3305. Additional periods of court-ordered involuntary
treatment.
3306. Transfer of persons in involuntary treatment.
3307. Appeal of mental health review officer findings.
§ 3301. Persons who may be subject to involuntary emergency
examination and treatment.
(a) Applicability.--A person who is severely mentally
disabled and in need of immediate treatment may be subject to
involuntary emergency examination and treatment. Severely
mentally disabled shall include a determination of clear and
present danger, as set forth in subsections (b), (c), (d), (e)
and (f).
(b) Determination of clear and present danger of harm to
others.--Clear and present danger to others shall be shown by
establishing that within the past 30 days the person has
inflicted or attempted to inflict serious bodily harm on another
or caused substantial property damage and that there is a
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reasonable probability that such conduct will be repeated.
(c) Determination of clear and present danger of harm to
self by neglect.--Clear and present danger of harm to self by
neglect shall be shown by both of the following criteria:
(1) Within the past 30 days the person has acted in such
manner as to evidence that the person would be unable,
without care, supervision and the continued assistance of
others, to satisfy the person's need for nourishment,
personal or medical care, shelter or self-protection and
safety.
(2) There is a reasonable probability that death,
serious bodily injury or serious physical or mental
debilitation would ensue within 30 days unless adequate
treatment were afforded under this part.
(d) Determination of clear and present danger to self by
reoccurrence and relapse.--Clear and present danger of harm to
self by reoccurrence and relapse shall be shown by establishing
all of the following criteria:
(1) The person has a serious mental illness that has
been diagnosed and documented by a licensed psychiatrist.
(2) Within the past 24 months the person has twice been
involuntarily examined and treated under the provisions of
this chapter in an approved inpatient facility.
(3) The person is exhibiting symptoms or behavior
substantially similar to those that preceded and led to one
or more of the inpatient placements referred to in paragraph
(2).
(4) There is a reasonable probability that death,
serious bodily injury or serious physical or mental
debilitation would ensue within 30 days unless adequate
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treatment were afforded under this part.
(e) Determination of clear and present danger to self by
suicide.--Clear and present danger of harm to self by suicide
shall be shown by establishing that within the past 30 days the
person has attempted suicide and that there is the reasonable
probability of suicide unless adequate treatment is afforded
under this part.
(f) Determination of clear and present danger to self by
self-mutilation.--Clear and present danger to self by self-
mutilation shall be shown by establishing that within the past
30 days the person has committed substantial self-mutilation or
attempted to commit substantial self-mutilation and that there
is the reasonable probability of self-mutilation unless adequate
treatment is afforded under this part.
(g) Special rule for persons involved in criminal justice
system.--If a person has been found incompetent to proceed on
criminal charges or has been acquitted by reason of lack of
criminal responsibility on charges arising from conduct
involving infliction of or attempt to inflict substantial bodily
harm on another, the 30-day limitation set forth in subsection
(b) shall not apply so long as an application for examination
and treatment is filed within 30 days after the date of the
incompetency determination or verdict of acquittal. In those
cases, a clear and present danger to others may be shown by
establishing that the conduct charged in the criminal proceeding
did occur and that there is a reasonable probability that such
conduct will be repeated.
(h) Threats of harm as clear and present danger.--For the
purpose of determining a clear and present danger under
subsections (b), (e) and (f), a clear and present danger of harm
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may be demonstrated by proof that the person has made threats of
harm and has committed acts in furtherance of the threat to
commit harm.
§ 3302. Involuntary emergency examination and treatment.
(a) Application for examination.--Emergency examination may
be undertaken at a treatment facility based upon any of the
following:
(1) A certification of a physician stating the need for
an examination.
(2) A warrant issued by the county administrator after
receipt of a written application by a physician, a licensed
clinical psychologist or other responsible party setting
forth facts constituting reasonable grounds to believe a
person is severely mentally disabled and in need of immediate
treatment. The county administrator's warrant may require an
authorized person or any peace officer to take the person to
the facility specified in the warrant.
(3) Without warrant.--Upon personal observation of
conduct constituting reasonable grounds to believe that a
person is severely mentally disabled and in need of immediate
treatment, a physician, licensed clinical psychologist, peace
officer or an authorized person may take the person to an
approved facility for an emergency examination. Upon arrival,
the person who personally observed the conduct shall make a
written statement setting forth the grounds for believing the
person to be in need of an examination.
(b) Examination and determination of need for treatment.--
Emergency examination and treatment shall be conducted as
follows:
(1) A person taken to a facility shall be examined by a
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physician within two hours of arrival in order to determine
if the person is severely mentally disabled and in need of
immediate treatment.
(2) If it is determined that the person is severely
mentally disabled and in need of emergency treatment,
treatment shall be initiated immediately.
(3) If the physician does not find the person to be
severely mentally disabled and in need of immediate
treatment, or if at any time it appears there is no longer a
need for immediate treatment, the person shall be discharged
and returned to a reasonable location that the person
directs.
(4) The physician shall make a record of the examination
and findings.
(5) A person may not be accepted for involuntary
emergency treatment if a previous application was granted for
involuntary emergency treatment and the new application is
not based on behavior occurring after the earlier
application.
(c) Enforcement of rights at emergency examination.--Upon
arrival at a facility of a person subject to this section, the
following shall apply:
(1) The person shall be informed of the reasons for the
emergency examination and the right to communicate
immediately with others.
(2) The person shall be given reasonable use of the
telephone.
(3) The person shall be requested to furnish the names
of parties whom he may want notified of his custody and kept
informed of his status.
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(4) The county administrator or the director of the
facility shall:
(i) Give notice to the parties identified in
paragraph (3) of the whereabouts and status of the
person, how and when contact and visits may be made and
how the parties may obtain information concerning the
person while in inpatient treatment.
(ii) Take reasonable steps to assure that while the
person is detained, the health and safety needs of any of
the person's dependents are met and that the person's
personal property and the premises the person occupies
are secure.
(d) Duration of emergency examination and treatment.--A
person who is in treatment pursuant to this section shall be
discharged whenever it is determined that the person no longer
is in need of treatment, but in all cases within 120 hours of
the commencement of treatment, unless within this period either
of the following occurs:
(1) The person is admitted to voluntary treatment
pursuant to section 3202 (relating to application for
voluntary treatment).
(2) A certification for extended involuntary emergency
treatment is filed pursuant to section 3303 (relating to
extended involuntary emergency treatment).
§ 3303. Extended involuntary emergency treatment.
(a) Application.--Application for extended involuntary
emergency treatment may be made under the following
circumstances:
(1) An application may be made for any person who is
being treated pursuant to section 3302 (relating to
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involuntary emergency examination and treatment) when the
facility determines that the need for emergency treatment is
likely to extend beyond 120 hours.
(2) The application shall be filed in the court of
common pleas.
(3) The application shall state the grounds on which
extended emergency treatment is believed to be necessary.
(4) The application shall state the name of an examining
physician and the substance of the physician's opinion
regarding the mental condition of the person.
(b) Appointment of counsel.--Upon receipt of an application
under subsection (a), the court shall appoint counsel to
represent the person unless it appears that the person can
afford, and desires to have, private representation.
(c) Procedures.--An informal conference shall be conducted
by the court or a mental health review officer within 24 hours
after the application is filed, at the facility, if practicable,
and subject to the following requirements:
(1) At the commencement of the informal conference, the
court or a mental health review officer shall inform the
person of the nature of the proceedings.
(2) Information relevant to whether the person is
severely mentally disabled and in need of treatment shall be
reviewed, including the reasons that continued involuntary
treatment is considered necessary.
(3) The information presented in paragraph (2) shall be
made by a physician who examined the person and shall be in
terms understandable to a layperson.
(4) The court or mental health review officer may review
any relevant information even if it would be normally
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excluded under rules of evidence if the court or mental
health review officer believes that the information is
reliable.
(5) The person subject to the proceeding or the person's
representative shall have the right to ask questions of the
physician and of any other witnesses and to present any
relevant information.
(6) A record of the proceedings, which need not be a
stenographic record, shall be made. The record shall be kept
by the court or mental health review officer for at least one
year.
(d) Determination.--At the conclusion of the review set
forth in subsection (c), the court or mental health review
officer shall make a determination as to whether or not the
person is severely mentally disabled and in need of continued
involuntary treatment, subject to the following:
(1) If the person is not severely mentally disabled and
in need of continued involuntary treatment, the judge of the
court of common pleas or review officer shall direct the
director of the facility or the director's designee to
discharge the person.
(2) If the judge of the court of common pleas or review
officer finds that the person is severely mentally disabled
and in need of continued involuntary treatment, a
certification for extended involuntary treatment shall be
made subject to the following requirements:
(i) The certification shall be filed with the
director of the facility and a copy served on the person,
counsel for the person and such other parties as the
person requested to be notified pursuant to section
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3302(c)(3).
(ii) Upon the filing and service of a certification
for extended involuntary emergency treatment, the person
may be given treatment in an approved facility for a
period of not more than 20 days.
(e) Form and contents of certification.--The certification
shall be made in writing upon a form adopted by the department
and shall include the following information:
(1) Findings by the court or mental health review
officer as to the reasons that extended involuntary emergency
treatment is necessary.
(2) A description of the treatment to be provided,
together with an explanation of the adequacy and
appropriateness of the treatment, based upon the information
received at the informal conference.
(3) Any documents required by section 3302.
(4) The application as filed pursuant to subsection (a).
(5) A statement that the person is represented by
counsel.
(6) An explanation of the effect of the certification,
the person's right to petition the court for release under
subsection (f) and the continuing right to be represented by
counsel.
(f) Duration.--Whenever a person is no longer severely
mentally disabled or in need of immediate treatment and, in any
event, within 20 days after the filing of the certification, the
person shall be discharged, unless within this period either of
the following occurs:
(1) The person is admitted to voluntary treatment
pursuant to section 3202 (relating to application for
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voluntary treatment).
(2) The court orders involuntary treatment pursuant to
section 3304 (relating to court-ordered involuntary
treatment).
§ 3304. Court-ordered involuntary treatment.
(a) Application.--A petition for court-ordered involuntary
treatment may be made for any of the following persons:
(1) A person already subject to treatment under this
section or section 3303 (relating to extended involuntary
emergency treatment) or 3305 (relating to additional periods
of court-ordered involuntary treatment).
(2) A person who is severely mentally disabled, in need
of treatment and determined to be a clear and present danger
of harm to self or others under section 3301 (relating to
persons who may be subject to involuntary emergency
examination and treatment).
(b) Procedures for person already in involuntary
treatment.--A petition for court-ordered involuntary treatment
under this section may be filed for a person described in
subsection (a)(1) , subject to the following conditions:
(1) The petition may be made to the court by the county
administrator or the director of the facility.
(2) The petition shall be in writing upon a form adopted
by the department and shall include the following:
(i) A statement of the facts constituting reasonable
grounds to believe that the person is severely mentally
disabled and in need of treatment.
(ii) The name of any examining physician and the
substance of the physician's opinion regarding the mental
condition of the person.
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(iii) A statement that the person has been given the
information required by paragraph (3).
(3) Upon the filing of the petition the county
administrator shall serve a copy on the person, counsel for
the person and those designated to be kept informed as
provided in section 3302(c) (relating to involuntary
emergency examination and treatment), including an
explanation of the nature of the proceedings, the person's
right to counsel and the services of an expert in the field
of mental health, as provided by subsection (d).
(4) A hearing on the petition shall be held in all cases
within five days after the filing of the petition.
(5) Treatment shall be permitted to be maintained
pending the determination of the petition.
(6) It shall be sufficient to represent, and upon
hearing to reestablish, that the conduct originally required
by section 3301 in fact occurred and that the person's
condition continues to evidence a clear and present danger of
harm to self or others. In such event, it shall not be
necessary to show the reoccurrence of dangerous conduct,
either harmful or debilitating, within the past 30 days.
(c) Procedures for persons not already in involuntary
treatment.--A petition for court-ordered involuntary treatment
for a person not already in involuntary treatment shall be
subject to the following conditions:
(1) Any responsible party may file a petition in the
court of common pleas requesting court-ordered involuntary
treatment.
(2) The petition shall be in writing upon a form adopted
by the department and shall set forth the following:
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(i) The facts constituting reasonable grounds to
believe that the person is within the criteria for court-
ordered treatment set forth in subsection (a).
(ii) The name of an examining physician and the
substance of the physician's opinion regarding the mental
condition of the person.
(3) Upon a determination that the petition sets forth
such reasonable cause, the court shall appoint counsel to
represent the person and set a date for the hearing as soon
as practicable. The attorney shall represent the person
unless it appears that the person can afford, and desires to
have, private representation.
(4) The court, by summons, shall direct the person to
appear for a hearing. The following requirements shall apply
to the person's appearance for the hearing:
(i) The court may issue a warrant directing an
authorized person or a peace officer to bring the person
before the court at the time of the hearing if there are
reasonable grounds to believe that the person will not
appear voluntarily.
(ii) A copy of the petition shall be served on the
person at least three days before the hearing, together
with a notice informing the person of the following:
(A) That counsel has been appointed who shall
represent the person unless the person obtains other
counsel.
(B) That the person has a right to be assisted
in the proceedings by an expert in the field of
mental health under subsection (d).
(C) That the person may request or be made
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subject to psychiatric examination under paragraph
(5).
(5) Upon motion of either the petitioner or the person,
or upon its own motion, the court may order the person to be
examined by a licensed psychiatrist appointed by the court,
subject to the following conditions:
(i) The examination shall be conducted on an
outpatient basis.
(ii) The person shall have the right to have counsel
present.
(iii) A report of the examination shall be given to
the court and counsel at least 48 hours prior to the
hearing.
(6) Involuntary treatment may not be authorized during
the pendency of a petition except in accordance with section
3302 or 3303.
(d) Professional assistance.--A person with respect to whom
a hearing has been ordered under this section shall have and be
informed of a right to employ a physician, licensed clinical
psychologist or other expert in mental health of the person's
choice to assist the person in connection with the hearing and
testify on the person's behalf. If the person cannot afford to
engage such a professional, the court shall, on application,
allow a reasonable fee for that purpose. The fee shall be a
charge against the mental health and intellectual disability
program of the county.
(e) Conduct of hearing.--A hearing on a petition for court-
ordered involuntary treatment shall be conducted according to
the following:
(1) The person shall have the right to counsel and the
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assistance of an expert in mental health under subsection
(d).
(2) The person shall not be called as a witness without
the person's consent.
(3) The person shall have the right to confront and
cross-examine all witnesses and to present evidence on the
person's own behalf.
(4) The hearing shall be public unless it is requested
to be private by the person or the person's counsel.
(5) A stenographic or other sufficient record shall be
made, which shall be impounded by the court and may be
obtained or examined only upon the request of the person or
the person's counsel or by order of the court on good cause
shown.
(6) The hearing shall be conducted by the court or a
mental health review officer and may be held at a location
other than a courthouse when doing so appears to be in the
best interest of the person.
(7) A decision shall be rendered within 48 hours after
the close of evidence.
(f) Standard of proof; treatment alternatives.--
(1) Upon a finding by clear and convincing evidence that
the person is severely mentally disabled and in need of
treatment and subject to subsection (a), an order shall be
entered directing treatment of the person in an approved
facility as an inpatient or outpatient, or a combination of
such treatment as the director of the facility shall from
time to time determine.
(2) Inpatient treatment shall be deemed appropriate only
after full consideration has been given to less restrictive
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alternatives. An order for inpatient treatment shall include
findings on the investigation of treatment alternatives,
which shall include consideration of the person's
relationship to community and family, employment
possibilities, all available community resources and
guardianship services.
(g) Duration.--
(1) Except as provided in paragraph (2), a person may be
made subject to court-ordered involuntary treatment under
this section for a period of not more than 90 days.
(2) A person may be made subject to court-ordered
involuntary treatment under this section for a period of not
more than one year if the person meets both of the following
criteria:
(i) The finding of severe mental disability is based
on acts giving rise to the following offenses:
18 Pa.C.S. § 2502 (relating to murder).
18 Pa.C.S. § 2503 (relating to voluntary
manslaughter).
18 Pa.C.S. § 2702 (relating to aggravated
assault).
18 Pa.C.S. § 2901 (relating to kidnapping).
18 Pa.C.S. § 3121(a)(1) and (2) (relating to
rape).
18 Pa.C.S. § 3123(a)(1) and (2) (relating to
involuntary deviate sexual intercourse).
18 Pa.C.S. § 3301 (relating to arson and related
offenses).
(ii) A finding of incompetency to proceed on
criminal charges or a verdict of acquittal because of
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lack of criminal responsibility has been entered.
(3) Subject to paragraph (4), if at any time the
director of a facility concludes that the person is not
severely mentally disabled or in need of treatment pursuant
to subsection (a), the director shall discharge the person.
(4) No person subjected to involuntary treatment
pursuant to paragraph (2) may be discharged without a hearing
conducted pursuant to subsection (h).
(h) Hearing.--In cases involving involuntary treatment
pursuant to subsection (g)(2), the following shall apply:
(1) The director shall petition the court which ordered
the involuntary treatment for the unconditional or
conditional release of the person when either of the
following occurs:
(i) The period of court-ordered involuntary
treatment is about to expire and neither the director nor
the county administrator intends to apply for an
additional period of court-ordered involuntary treatment
pursuant to section 3305.
(ii) At any time the director concludes that the
person is not severely mentally disabled or in need of
treatment.
(2) Notice of the petition shall be given to the person,
the county administrator and the district attorney of the
county where the criminal charges under subsection (g)(2)
were filed.
(3) Within 15 days after the petition has been filed,
the court shall hold a hearing to determine if the person is
severely mentally disabled and in need of treatment.
(4) Petitions which must be filed simply because the
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period of involuntary treatment will expire shall be filed at
least 10 days prior to the expiration of the court-ordered
period of involuntary treatment.
(5) If the court determines after the hearing that the
person is severely mentally disabled and in need of
treatment, it may order additional involuntary treatment not
to exceed one year. If the court does not so determine, it
shall order the discharge of the person.
§ 3305. Additional periods of court-ordered involuntary
treatment.
(a) Application.--Upon the application of the county
administrator or the director of the facility in which the
person is receiving treatment at the expiration of a period of
court-ordered involuntary treatment under section 3304(g)
(relating to court-ordered involuntary treatment) or this
section, the court may order treatment for an additional period.
(b) Basis of order.--The order under subsection (a) shall be
entered upon hearing on findings as required for persons already
in involuntary treatment by section 3304(a) and (b) and the
further finding of a need for continuing involuntary treatment
as shown by conduct during the person's most recent period of
court-ordered treatment.
(c) Duration.--
(1) Except as provided in paragraph (2), the additional
period of involuntary treatment shall be not more than 180
days.
(2) Persons meeting the criteria of section 3304(g)(2)
may be subject to an additional period of up to one year of
involuntary treatment.
(d) Less restrictive alternative placements.--A person found
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dangerous to self under section 3301(c), (d), (e) or (f)
(relating to persons who may be subject to involuntary emergency
examination and treatment) shall be subject to an additional
period of involuntary full-time inpatient treatment only if the
person has first been released to a less restrictive
alternative. This limitation shall not apply where, upon
application made by the county administrator or facility
director, it is determined by the court or mental health review
officer that such release would not be in the best interests of
the person.
(e) Notice.--The director of the facility in which the
person is receiving treatment shall notify the county
administrator at least 10 days prior to the expiration of a
period of involuntary commitment ordered under section 3304 or
this section.
§ 3306. Transfer of persons in involuntary treatment.
(a) Transfer permitted.--Subject to subsections (b) and (c),
a person in involuntary treatment pursuant to this part may be
transferred to an approved facility.
(b) Notice.--In the absence of an emergency, persons
committed pursuant to section 3304(g)(2) (relating to court-
ordered involuntary treatment) may not be transferred unless
written notice is given to the court that committed the person
and the district attorney in the committing county and no
objection is noted from either the court or the district
attorney within 20 days of receipt of the notice. If the court
or district attorney objects to the transfer, a hearing shall be
held by the court within 20 days to review the commitment order.
A decision shall be rendered within 48 hours after the close of
evidence.
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(c) Necessity of transfer.--When a transfer will constitute
a greater restraint, it shall not take place unless, upon
hearing, the court or review officer finds it to be necessary
and appropriate.
§ 3307. Appeal of mental health review officer findings.
In all cases in which a proceeding under section 3303(c)
(relating to extended involuntary emergency treatment), 3304
(relating to court-ordered involuntary treatment), 3305
(relating to additional periods of court-ordered involuntary
treatment) or 3306 (relating to transfer of persons in
involuntary treatment) was conducted by a mental health review
officer, a person made subject to treatment pursuant to those
sections shall have the right to petition the court for review
of the certification, subject to the following requirements:
(1) A hearing shall be held within 72 hours after the
petition is filed unless a continuance is requested by the
person's counsel.
(2) The hearing shall include a review of the
certification and any evidence as the court may receive or
require.
(3) If the court determines that further involuntary
treatment is necessary and that the procedures prescribed by
this part have been followed, it shall deny the petition.
Otherwise, the court shall order the discharge of the person.
SUBCHAPTER B
ASSISTED OUTPATIENT TREATMENT
Sec.
3311. Definitions.
3312. Program coordinators to be appointed.
3313. Duties of county administrators.
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3314. Directors of assisted outpatient treatment programs.
3315. Assisted outpatient treatment program.
§ 3311. 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:
"Assisted outpatient" or "patient." A person under a court
order to receive assisted outpatient treatment.
"Assisted outpatient treatment." Any of the following
categories of outpatient services which have been ordered by the
court pursuant to section 3315 (relating to assisted outpatient
treatment program):
(1) Case management services or assertive community
treatment team services to provide care coordination.
(2) Medication.
(3) Periodic blood tests or urinalysis to determine
compliance with prescribed medications.
(4) Individual or group therapy.
(5) Day or partial programming activities.
(6) Educational and vocational training or activities.
(7) Alcohol or substance abuse treatment and counseling
and periodic tests for the presence of alcohol or illegal
drugs for persons with a history of alcohol or substance
abuse.
(8) Supervision of living arrangements.
(9) Any other services within an individualized
treatment plan developed pursuant to section 3126 (relating
to individualized treatment plan) prescribed to treat the
person's mental illness and to assist the person in living
and functioning in the community, or to attempt to prevent a
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relapse or deterioration that may reasonably be predicted to
result in suicide or the need for hospitalization.
"Assisted outpatient treatment program" or "program." A
system to do all of the following:
(1) Arrange for and coordinate the provision of assisted
outpatient treatment.
(2) Monitor treatment compliance by assisted
outpatients.
(3) Evaluate the condition or needs of assisted
outpatients.
(4) Take appropriate steps to address the needs of
assisted outpatients.
(5) Ensure compliance with court orders.
"Director." The director of a hospital licensed or operated
by the department who operates, directs and supervises an
assisted outpatient treatment program, or the county
administrator who operates, directs and supervises an assisted
outpatient treatment program.
"Program coordinator." An individual appointed under section
3312 (relating to program coordinators to be appointed) who is
responsible for the oversight and monitoring of assisted
outpatient treatment programs.
"Secretary." The Secretary of Human Services of the
Commonwealth.
"Subject of the petition" or "subject." A person who is
alleged in a petition, filed pursuant to the provisions of
section 3315 (relating to assisted outpatient treatment
program), to meet the criteria for assisted outpatient
treatment.
§ 3312. Program coordinators to be appointed.
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(a) Duty of secretary.--The secretary shall appoint program
coordinators of assisted outpatient treatment who shall be
responsible for the oversight and monitoring of assisted
outpatient treatment programs established pursuant to section
3315 (relating to assisted outpatient treatment program). County
administrators shall work in conjunction with the program
coordinators to coordinate the implementation of assisted
outpatient treatment programs.
(b) Oversight and monitoring duties.--The program
coordinator shall oversee and monitor the assistant outpatient
treatment program to ensure that each of the following occur:
(1) Each assisted outpatient receives the treatment
provided for in the court order issued pursuant to section
3315.
(2) Existing services located in the assisted
outpatient's community are utilized whenever practicable.
(3) A case manager or assertive community treatment team
is designated for each assisted outpatient.
(4) A mechanism exists for a case manager or assertive
community treatment team to regularly report the assisted
outpatient's compliance or lack of compliance with treatment
to the director of the assisted outpatient treatment program.
(5) Assisted outpatient treatment services are delivered
in a timely manner.
(c) Standards to be developed.--The secretary shall develop
standards designed to ensure that case managers or assertive
community treatment teams have appropriate training and have
clinically manageable caseloads designed to provide effective
case management or other care coordination services for persons
subject to a court order under section 3315.
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(d) Corrective action to be taken.--Upon review or receiving
notice that services are not being delivered in a timely manner,
the program coordinator shall require the director of the
assisted outpatient treatment program to immediately commence
corrective action and inform the program coordinator of the
corrective action taken. Failure of a director to take
corrective action shall be reported by the program coordinator
to the secretary as well as to the court which ordered the
assisted outpatient treatment.
§ 3313. Duties of county administrators.
Each county administrator shall be responsible for the filing
of petitions for assisted outpatient treatment pursuant to
section 3315 (relating to assisted outpatient treatment
program), for the receipt and investigation of reports of
persons who are alleged to be in need of that treatment and for
coordinating the delivery of court-ordered services with program
coordinators appointed by the secretary pursuant to section
3312(a) (relating to program coordinators to be appointed). In
discharge of the duties imposed by section 3315, directors of
community services may provide services directly, coordinate
services with the offices of the secretary or contract with any
public or private provider to provide services for assisted
outpatient treatment programs as may be necessary to carry out
the duties imposed pursuant to this subchapter.
§ 3314. Directors of assisted outpatient treatment programs.
(a) General duties.--The following shall apply:
(1) Directors of assisted outpatient treatment programs
established pursuant to section 3315 (relating to assisted
outpatient treatment program) shall provide a written report
to the program coordinators, appointed by the secretary
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pursuant to section 3312(a) (relating to program coordinators
to be appointed), within three days of the issuance of a
court order. The report shall demonstrate that mechanisms are
in place to ensure the delivery of services and medications
as required by the court order and shall include, but not be
limited to, the following:
(i) A copy of the court order.
(ii) A copy of the written treatment plan.
(iii) The identity of the case manager or assertive
community treatment team, including the name and contact
data of the organization which the case manager or
assertive community treatment team member represents.
(iv) The identity of providers of services.
(v) The date on which services have commenced or
will commence.
(2) The directors of assisted outpatient treatment
programs shall ensure the timely delivery of services
described in section 3315 pursuant to any court order issued
under that section . Directors of assisted outpatient
treatment programs shall immediately commence corrective
action upon receiving notice from program coordinators that
services are not being provided in a timely manner and the
directors shall inform the program coordinator of the
corrective action taken.
(b) Quarterly reports to program coordinators.--A director
of assisted outpatient treatment programs shall submit quarterly
reports to the program coordinators regarding the assisted
outpatient treatment program operated or administered by the
director. The report shall include the following information:
(1) The names of individuals served by the program.
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(2) The percentage of petitions for assisted outpatient
treatment that are granted by the court.
(3) Any change in status of assisted outpatients,
including, but not limited to, the number of individuals who
have failed to comply with court-ordered assisted outpatient
treatment.
(4) A description of material changes in written
treatment plans of assisted outpatients.
(5) Any change in case managers.
(6) A description of the categories of services which
have been ordered by the court.
(7) Living arrangements of individuals served by the
program, including the number, if any, who are homeless.
(8) Any other information as required by the secretary.
(9) Any recommendations to improve the program Statewide
or locally.
§ 3315. Assisted outpatient treatment program.
(a) Director to obtain approval from secretary.--A director
may operate, direct and supervise an assisted outpatient
treatment program as provided in this section upon approval by
the secretary. The county administrator shall operate, direct
and supervise an assisted outpatient treatment program as
provided in this section upon approval by the secretary. County
administrators shall be permitted to satisfy the provisions of
this subchapter through the operation of joint assisted
outpatient treatment programs. Nothing in this subchapter shall
be construed to preclude the combination or coordination of
efforts between and among counties and hospitals in providing
and coordinating assisted outpatient treatment.
(b) Criteria for assisted outpatient treatment.--A patient
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may be ordered to obtain assisted outpatient treatment if the
court finds all of the following:
(1) The patient is 18 years of age or older.
(2) The patient is suffering from a mental illness.
(3) The patient is unlikely to survive safely in the
community without supervision, based on a clinical
determination.
(4) The patient has a history of lack of compliance with
treatment for mental illness that has:
(i) at least twice within the preceding 36 months,
been a significant factor in necessitating
hospitalization or receipt of services in a forensic or
other mental health unit of a correctional facility, not
including any period during which the person was
hospitalized or imprisoned immediately preceding the
filing of the petition; or
(ii) resulted in one or more acts of serious violent
behavior toward self or others or threats of, or attempts
at, serious physical harm to self or others within the
preceding 48 months, not including any period in which
the person was hospitalized or imprisoned immediately
preceding the filing of the petition.
(5) The patient is, as a result of the patient's mental
illness, unlikely to voluntarily participate in the
recommended treatment pursuant to the treatment plan.
(6) In view of the patient's treatment history and
current behavior, the patient is in need of assisted
outpatient treatment in order to prevent a relapse or
deterioration which would be likely to pose a clear and
present danger of harm to self or others as determined under
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section 3301 (relating to persons who may be subject to
involuntary emergency examination and treatment).
(7) It is likely that the patient will benefit from
assisted outpatient treatment.
(c) Petition to the court.--The following shall apply:
(1) A petition for an order authorizing assisted
outpatient treatment may be filed in the court of common
pleas of the county in which the subject of the petition is
present or reasonably believed to be present. A petition to
obtain an order authorizing assisted outpatient treatment may
be initiated only by the following persons:
(i) a person 18 years of age or older with whom the
subject of the petition resides;
(ii) the parent, spouse, sibling 18 years of age or
older, or child 18 years of age or older of the subject
of the petition;
(iii) the director of the facility in which the
subject of the petition is hospitalized;
(iv) the director of any public or charitable
organization, agency or home providing mental health
services to the subject of the petition in whose
institution the subject of the petition resides;
(v) a licensed psychiatrist who is either
supervising the treatment of or treating the subject of
the petition for a mental illness;
(vi) the county administrator or his designee; or
(vii) a parole officer or probation officer assigned
to supervise the subject of the petition.
(2) The petition shall state:
(i) Each of the criteria for assisted outpatient
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treatment as set forth in subsection (b).
(ii) The facts which support the petitioner's belief
that the person who is the subject of the petition meets
each criterion, provided that the hearing on the petition
need not be limited to the stated facts.
(iii) That the subject of the petition is present,
or is reasonably believed to be present, within the
county where the petition is filed.
(3) The petition shall be accompanied by an affirmation
or affidavit of a physician, who shall not be the petitioner,
and shall state either that:
(i) The physician has personally examined the person
who is the subject of the petition not more than 10 days
prior to the submission of the petition, recommends
assisted outpatient treatment for the subject of the
petition and is willing and able to testify at the
hearing on the petition.
(ii) Not more than 10 days prior to the filing of
the petition, the physician or his designee has made
appropriate attempts to elicit the cooperation of the
subject of the petition, but has not been successful in
persuading the subject to submit to an examination, that
the physician has reason to suspect that the subject of
the petition meets the criteria for assisted outpatient
treatment and that the physician is willing and able to
examine the subject of the petition and testify at the
hearing on the petition.
(d) Right to counsel.--The subject of the petition shall
have the right to be represented by counsel at all stages of a
proceeding commenced under this section. The subject of the
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petition shall be represented either by counsel of his selection
or, if unrepresented and unable to afford counsel as determined
by the court, by court-appointed counsel.
(e) Hearing.--The following shall apply:
(1) Upon receipt by the court of the petition submitted
pursuant to subsection (c), the court shall fix the date for
a hearing at a time not later than three days from the date
the petition is received by the court, excluding Saturdays,
Sundays and holidays. Adjournments shall be permitted only
for good cause. In granting adjournments, the court shall
consider the need for further examination by a physician or
the potential need to provide assisted outpatient treatment
expeditiously.
(2) The court shall cause the subject of the petition,
the petitioner, the physician whose affirmation or affidavit
accompanied the petition, the appropriate director and such
other persons as the court may determine to be advised. The
subject of the petition shall have the opportunity to
provide , in writing , names and parties to be notified of the
hearing which shall be considered by the court.
(3) Upon the date for the hearing, or upon such other
date to which the proceeding may be adjourned, the court
shall hear testimony and, if it be deemed advisable and the
subject of the petition is available, examine the subject
alleged to be in need of assisted outpatient treatment in or
out of court.
(4) If the subject of the petition does not appear at
the hearing and appropriate attempts to elicit the attendance
of the subject have failed, the court may conduct the hearing
in the subject's absence. If the hearing is conducted without
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the subject of the petition present, the court shall set
forth the factual basis for conducting the hearing without
the presence of the subject of the petition.
(5) The court may not order assisted outpatient
treatment unless an examining physician who has personally
examined the subject of the petition within the time period
commencing 10 days before the filing of the petition
testifies in person at the hearing.
(6) If the subject of the petition has refused to be
examined by a physician, the court may request the subject to
consent to an examination by a physician appointed by the
court. If the subject of the petition does not consent and
the court finds reasonable cause to believe that the
allegations in the petition are true, the court may order law
enforcement officers or the sheriff's department to take the
subject of the petition into custody and transport the
subject to a hospital for examination by a physician.
Retention of the subject of the petition under the order
shall not exceed 24 hours.
(7) The examination of the subject of the petition may
be performed by the physician whose affirmation or affidavit
accompanied the petition, if the physician is privileged by
the hospital or otherwise authorized by the hospital to do
so. If the examination is performed by another physician of
the hospital, the examining physician shall be authorized to
consult with the physician whose affirmation or affidavit
accompanied the petition regarding the issues of whether the
allegations in the petition are true and whether the subject
meets the criteria for assisted outpatient treatment.
(8) (i) A physician who testifies pursuant to paragraph
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(5) shall state all of the following:
(A) The facts which support the allegation that
the subject meets each of the criteria for assisted
outpatient treatment.
(B) That the treatment is the least restrictive
alternative.
(C) The recommended assisted outpatient
treatment and the rationale for the recommended
assisted outpatient treatment.
(ii) If the recommended assisted outpatient
treatment includes medication, the physician's testimony
shall describe the types or classes of medication which
should be authorized, describe the beneficial and
detrimental physical and mental effects of the medication
and recommend whether the medication should be self-
administered or administered by authorized personnel.
(9) The subject of the petition shall be afforded an
opportunity to present evidence, to call witnesses on behalf
of the subject and to cross-examine adverse witnesses.
(f) Written individualized treatment plan.--The following
shall apply:
(1) (i) The court may not order assisted outpatient
treatment unless an examining physician appointed by the
appropriate director develops and provides to the court a
proposed written individualized treatment plan. The
written individualized treatment plan shall include case
management services or assertive community treatment
teams to provide care coordination and all categories of
services which the physician recommends that the subject
of the petition should receive.
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(ii) If the written individualized treatment plan
includes medication, it shall state whether the
medication should be self-administered or administered by
authorized personnel and shall specify type and dosage
range of medication most likely to provide maximum
benefit for the subject.
(iii) If the written individualized treatment plan
includes alcohol or substance abuse counseling and
treatment, the plan may include a provision requiring
relevant testing for either alcohol or illegal
substances, provided the physician's clinical basis for
recommending the plan provides sufficient facts for the
court to find:
(A) That the person has a history of alcohol or
substance abuse that is clinically related to the
mental illness.
(B) That the testing is necessary to prevent a
relapse or deterioration which would be likely to
result in serious harm to the person or others.
(iv) In developing the plan, the physician shall
provide the following persons with an opportunity to
actively participate in the development of the plan:
(A) the subject of the petition;
(B) the treating physician; and
(C) upon the request of the patient, an
individual significant to the patient including any
relative, close friend or individual otherwise
concerned with the welfare of the patient.
If the petitioner is a director, the plan shall be
provided to the court no later than the date of the
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hearing on the petition.
(2) The court shall not order assisted outpatient
treatment unless a physician testifies to explain the written
proposed treatment plan. The testimony shall state:
(i) The categories of assisted outpatient treatment
recommended.
(ii) The rationale for each category.
(iii) Facts which establish that the treatment is
the least restrictive alternative.
(iv) If the recommended assisted outpatient
treatment includes medication, the types or classes of
medication recommended, the beneficial and detrimental
physical and mental effects of the medication and whether
the medication should be self-administered or
administered by an authorized professional.
If the petitioner is a director, the testimony shall be given
at the hearing on the petition.
(g) Disposition.--The following shall apply:
(1) If after hearing all relevant evidence the court
finds that the subject of the petition does not meet the
criteria for assisted outpatient treatment, the court shall
dismiss the petition.
(2) If after hearing all relevant evidence the court
finds by clear and convincing evidence that the subject of
the petition meets the criteria for assisted outpatient
treatment and there is no appropriate and feasible less
restrictive alternative, the court shall order the subject to
receive assisted outpatient treatment for an initial period
not to exceed six months. In fashioning the order, the court
shall specifically make findings by clear and convincing
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evidence that the proposed treatment is the least restrictive
treatment appropriate and feasible for the subject. The order
shall state the categories of assisted outpatient treatment
which the subject is to receive. The court may not order
treatment that has not been recommended by the examining
physician and included in the written treatment plan for
assisted outpatient treatment as required by subsection (f).
(3) If after hearing all relevant evidence the court
finds by clear and convincing evidence that the subject of
the petition meets the criteria for assisted outpatient
treatment and the court has yet to be provided with a written
individualized treatment plan and testimony pursuant to
subsection (f), the court shall order the county
administrator to provide the court with the plan and
testimony no later than the third day, excluding Saturdays,
Sundays and holidays, immediately following the date of the
order. Upon receiving the plan and testimony, the court may
order assisted outpatient treatment as provided in paragraph
(2).
(4) A court may order the patient to self-administer
psychotropic drugs or accept the administration of the drugs
by authorized personnel as part of an assisted outpatient
treatment program. The order may specify the type and dosage
range of psychotropic drugs and shall be effective for the
duration of the assisted outpatient treatment.
(5) If the petitioner is the director of a hospital that
operates an assisted outpatient treatment program, the court
order shall direct the hospital director to provide or
arrange for all categories of assisted outpatient treatment
for the assisted outpatient throughout the period of the
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order. For all other persons, the order shall require the
director of community services of the appropriate local
governmental unit to provide or arrange for all categories of
assisted outpatient treatment for the assisted outpatient
throughout the period of the order.
(6) The director or his designee shall apply to the
court for approval before instituting a proposed material
change in the assisted outpatient treatment order, unless the
change is contemplated in the order. Nonmaterial changes may
be instituted by the assisted outpatient treatment program
without court approval. For the purposes of this paragraph, a
material change shall mean an addition or deletion of a
category of assisted outpatient treatment from the order of
the court or any deviation without the patient's consent from
the terms of an existing order relating to the administration
of psychotropic drugs.
(h) Applications for additional periods of treatment.--If
the director determines that the condition of the patient
requires further assisted outpatient treatment, the director
shall apply prior to the expiration of the period of assisted
outpatient treatment ordered by the court for a second or
subsequent order authorizing continued assisted outpatient
treatment for a peri od of not more than o ne year from the date
of the order. The procedures for obtaining any order pursuant to
this subsection shall be in accordance with this section,
provided that the time period included in subsection (b)(4)(i)
and (ii) shall not be applicable in determining the
appropriateness of additional periods of assisted outpatient
treatment. Any court order requiring periodic blood tests or
urinalysis for the presence of alcohol or illegal drugs shall be
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subject to review after six months by the physician who
developed the written individualized treatment plan or another
physician designated by the director and the physician shall be
authorized to terminate the blood tests or urinalysis without
further action by the court.
(i) Application for order to stay, vacate or modify.--In
addition to any other right or remedy available by law with
respect to the order for assisted outpatient treatment, the
patient, the patient's counsel or anyone acting on the patient's
behalf may apply, on notice to the appropriate director and the
original petitioner, to the court to stay, vacate or modify the
order.
(j) Appeals.--Review of an order issued pursuant to this
section shall be conducted in the same manner as specified in
section 3303 (relating to extended involuntary emergency
treatment).
(k) Failure to comply with the assisted outpatient
treatment.--The following shall apply:
(1) (i) Where, in the clinical judgment of a physician,
the assisted outpatient has failed or refused to comply
with the assisted outpatient treatment and efforts were
made to solicit compliance and the assisted outpatient
may be in need of involuntary admission to a hospital or
immediate observation, care and treatment pursuant to
section 3302 (relating to involuntary emergency
examination and treatment) or 3303, the physician may
request the director of community services, the
director's designee or any physician designated by the
director of community services to take the assisted
outpatient to an appropriate hospital for an examination
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to determine if the assisted outpatient has a mental
illness for which hospitalization is necessary.
(ii) If the assisted outpatient refuses to take
medication as required by the court order or refuses to
take or fails a blood test, urinalysis or alcohol or drug
test as required by the court order, the physician may
consider the refusal or failure when determining whether
the assisted outpatient is in need of an examination to
determine whether the assisted outpatient has a mental
illness for which hospitalization is necessary.
(2) Upon the request of the physician, the director or
the director's designee may direct law enforcement officers
or the sheriff's department to take into custody and
transport the patient to the hospital operating the assisted
outpatient treatment program or to any hospital authorized by
the director of community services to receive such patients.
(3) (i) Upon the request of the physician, the director
or the director's designee, the court may authorize the
patient to be taken into custody and transported to the
hospital operating the assisted outpatient treatment
program or to any other hospital authorized by the county
administrator to receive such patients in accordance with
section 3306 (relating to transfer of persons in
involuntary treatment).
(ii) The patient may be retained for observation,
care and treatment and further examination in the
hospital for up to 72 hours to permit a physician to
determine whether the patient has a mental illness and is
in need of involuntary care and treatment in a hospital
pursuant to this part.
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(iii) Any continued involuntary retention in the
hospital beyond the initial 72-hour period shall be in
accordance with this part relating to the involuntary
admission and retention of a person.
(iv) If at any time during the 72-hour period the
person is determined not to meet the involuntary
admission and retention provisions of this part and does
not agree to stay in the hospital as a voluntary or
informal patient, he shall be released.
(v) Failure to comply with an order of assisted
outpatient treatment shall not be grounds for involuntary
civil commitment or a finding of contempt of court.
(l) False petition.--A person making a false statement or
providing false information or false testimony in a petition or
hearing under this section is subject to criminal prosecution
pursuant to 18 Pa.C.S. § 4903 (relating to false swearing).
(m) Construction.--Nothing in this section shall be
construed to affect the ability of the director of a hospital to
receive, admit or retain patients who otherwise meet the
provisions of this part regarding receipt, retention or
admission.
(n) Educational materials.--The department , in consultation
with the county administrator, shall prepare educational and
training materials on this section, which shall be made
available to county providers of services, judges, court
personnel, law enforcement officials and the general public.
CHAPTER 34
DETERMINATIONS AFFECTING THOSE CHARGED
WITH CRIME OR UNDER SENTENCE
Sec.
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3401. Examination and treatment of person charged with crime or
serving sentence.
3402. Incompetence to proceed on criminal charges.
3403. Incompetency hearing procedures and effect and dismissal
of charges.
3404. Determination of criminal responsibility.
3405. Examination of person charged with crime in aid of
sentencing.
3406. Application for court-ordered involuntary treatment.
3407. Voluntary treatment of person charged with crime or
serving sentence.
§ 3401. Examination and treatment of person charged with crime
or serving sentence.
(a) Persons subject to civil provisions.--If a person who is
charged with a crime or serving a sentence is or becomes
mentally disabled, proceedings may be instituted under Chapter
32 (relating to voluntary inpatient examination and treatment)
or 33 (relating to involuntary examination and treatment),
except that the proceedings shall not affect the conditions of
security required by the person's criminal detention or
incarceration.
(b) Persons i n United States Department of Veterans Affairs
facilities.--Proceedings under this section shall not be
initiated for examination and treatment at a United States
Department of Veterans Affairs facility if either of the
following apply:
(1) The examination and treatment requires the
preparation of competency reports.
(2) The facility is required to maintain custody and
control over the person.
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(c) Transfer for examination and treatment.--A person who is
detained on criminal charges or incarcerated and made subject to
inpatient examination or treatment shall be transferred to a
mental health facility for that purpose. Transfer may be made to
a United States Department of V eterans Affairs facility if
custody or control is not required in addition to examination
and treatment. Individuals transferred to a United States
Department of Veterans Affairs facility are not subject to
return by the agency to the authority entitled to have them in
custody.
(d) Security provisions.--The following shall apply:
(1) During the period of examination and treatment,
provisions for the person's security shall continue to be
enforced, unless any of the following occurs in the interim:
(i) A pretrial release is effected.
(ii) The term of imprisonment expires or is
terminated.
(iii) It is otherwise ordered by the court having
jurisdiction over the person's criminal status.
(2) In those instances where a person is charged with
offenses listed in section 3304(g)(2) (relating to court-
ordered involuntary treatment) and the court, after the
hearing, deems it desirable, security equivalent to the
institution to which the person is incarcerated shall be
provided.
(e) Effect of discharge.--Upon discharge from treatment, a
person who is or remains subject to a detainer or sentence shall
be returned to the authority entitled to have the person in
custody. The period of involuntary treatment shall be credited
as time served on account of any sentence to be imposed on
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pending charges or an unexpired term of imprisonment.
(f) Persons subject to Juvenile Act.--The provisions of
Chapter 33 which are applicable to children of the person's age
shall apply to all proceedings for examination and treatment of
a person who is subject to a petition or who has been committed
under 42 Pa.C.S. Ch. 63 (relating to juvenile matters). If such
a person is in detention or is committed, the court having
jurisdiction under 42 Pa.C.S. Ch. 63 shall determine whether the
security conditions shall continue to be enforced during any
period of involuntary treatment and to whom the person should be
released thereafter.
§ 3402. Incompetence to proceed on criminal charges.
(a) Person incompetent but not severely mentally disabled.--
Notwithstanding the provisions of Chapter 33 (relating to
involuntary examination and treatment), a court may order
involuntary treatment of a person found incompetent to proceed
on criminal charges who is not severely mentally disabled
subject to the following:
(1) The involuntary treatment shall not exceed 60 days.
(2) Involuntary treatment pursuant to this subsection
may be ordered only if the court is reasonably certain that
the involuntary treatment will provide the defendant with the
capacity to proceed on criminal charges.
(3) The court may order outpatient treatment, partial
hospitalization or inpatient treatment.
(b) Application for incompetency examination.--Application
to the court for an order directing an incompetency examination
may be presented by any of the following:
(1) An attorney for the Commonwealth.
(2) A person charged with a crime.
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(3) Counsel to a person charged with a crime.
(4) The warden or other official in charge of the
institution or place in which the person is detained.
(c) Hearing.--The following shall apply:
(1) The court, either upon an application under
subsection (b) or on its own motion, may order an
incompetency examination at any stage in the proceedings and
may do so without a hearing unless the person charged with a
crime or the person's counsel objects to the examination.
(2) If the person or the person's counsel objects to the
examination, an examination shall be ordered only after
determination at a hearing that there is a prima facie
question of incompetency.
(d) Conduct of examination; report.--When the court orders
an incompetency examination:
(1) The examination shall be conducted:
(i) as an outpatient examination unless an inpatient
examination is, or has been, authorized under another
provision of this part; and
(ii) by at least one licensed psychiatrist or
licensed psychologist and may relate both to competency
to proceed on criminal charges and to criminal
responsibility for the crime charged.
(2) The person shall be entitled to have counsel present
and may not be required to answer any questions or to perform
tests unless the person has moved for or agreed to the
examination. Nothing said or done by the person during the
examination may be used as evidence against the person in any
criminal proceedings on any issue other than that of the
person's mental condition.
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(3) A report shall be submitted to the court and counsel
for the person and shall contain a description of the
examination, which shall include all of the following:
(i) Diagnosis of the person's mental condition.
(ii) An opinion as to the person's capacity to
understand the nature and object of the criminal
proceedings against the person and to assist in the
person's own defense.
(iii) When so requested, an opinion as to the
person's mental condition in relation to the standards
for criminal responsibility as then provided by law if it
appears that the facts concerning the person's mental
condition may also be relevant to the question of legal
responsibility.
(iv) When so requested, an opinion as to whether the
person had the capacity to have a particular state of
mind, where such state of mind is a required element of
the criminal charge.
(e) Experts.--The court may allow a licensed psychiatrist or
licensed psychologist retained by the person and a licensed
psychiatrist or licensed psychologist retained by the
Commonwealth to witness and participate in the examination of
the person. Whenever a person who is financially unable to
retain such expert has a substantial objection to the
conclusions reached by the court-appointed licensed psychiatrist
or licensed psychologist, the court shall allow reasonable
compensation for the employment of a licensed psychiatrist or
licensed psychologist of the person's selection, which amount
shall be chargeable against the mental health and intellectual
disability program of the locality.
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(f) Time limit on determination.--The determination of the
competency of a person who is detained under a criminal charge
shall be rendered by the court within 20 days after the receipt
of the report of examination unless the hearing was continued at
the person's request.
§ 3403. Incompetency hearing procedures and effect and
dismissal of charges.
(a) Standard and burden of proof.--Except for an
incompetency examination ordered by the court on its own motion
as provided for in section 3402(c) (relating to incompetence to
proceed on criminal charges ) , the individual making an
application to the court for an order directing an incompetency
examination shall have the burden of establishing incompetency
to proceed by a preponderance of the evidence. Upon completion
of the examination, a determination of incompetency shall be
made by the court where incompetency is established by a
preponderance of the evidence.
(b) Stay of proceedings.--A determination of incompetency to
proceed on criminal charges shall effect a stay of the
prosecution for so long as the incompetency persists, subject to
the following exceptions:
(1) Any legal objections suitable for determination
prior to trial and without the personal participation of the
person charged may be raised and decided in the interim.
(2) Except in cases of first and second degree murder,
in no instance shall the proceedings be stayed for a period
in excess of the maximum sentence of confinement that may be
imposed for any crime charged or 10 years, whichever is less.
(3) In cases of a charge of first or second degree
murder, there shall be no limit on the period during which
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proceedings may be stayed.
(c) Right to counsel.--A person who is determined to be
incompetent to proceed on criminal charges shall have a
continuing right to counsel so long as the criminal charges are
pending.
(d) Periodic reexamination.--Following a determination of
incompetence to proceed on criminal charges, the person charged
shall be reexamined not less than every 90 days by a licensed
psychiatrist appointed by the court. A report of reexamination
shall be submitted to the court and counsel for the person.
(e) Effect on criminal detention.--A determination that a
person is incompetent to proceed on criminal charges shall
affect criminal detention as follows:
(1) Incompetency to proceed on criminal charges is not
sufficient reason on its own to deny the person pretrial
release.
(2) The person shall not be detained on the criminal
charge longer than the reasonable period of time necessary to
determine whether there is a substantial probability that the
person will attain competency in the foreseeable future.
(3) If the court determines there is no substantial
probability that the person will attain competency, it shall
discharge the person.
(4) A person may continue to be criminally detained so
long as such substantial probability exists that the person
will attain competency, but in no event longer than the
period of time specified in subsection (b).
(f) Resumption of proceedings or dismissal.--When the court,
on its own motion or upon the application of the attorney for
the Commonwealth or counsel for the person, determines that the
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person has regained his competency to proceed on criminal
charges, the proceedings shall be resumed. If the court is of
the opinion that by reason of the passage of time and its effect
upon the criminal proceedings it would be unjust to resume the
prosecution, the court may dismiss the charge and order the
person discharged.
(g) Reexamination following discharge.--If the person is
discharged pursuant to subsection (e), but the charges remain
open pursuant to subsection (b)(2) and (3), the following shall
apply:
(1) The court discharging the person shall, on its own
motion or on the motion of the Commonwealth or on the motion
of the defense, order the person to submit to a psychiatric
examination every 12 months after the discharge of the
person, to determine whether the person has become competent
to proceed to trial.
(2) If the examination under paragraph (1) reveals that
the person has regained competency to proceed, a hearing
shall be scheduled, after which the court shall determine
whether the person is competent to proceed on criminal
charges.
(3) If the person is adjudged competent, then trial
shall commence within 90 days of the adjudication.
(4) If the examination under paragraph (1) reveals that
the person is incompetent to proceed, the court shall order
the person to submit to a new competency examination in 12
months.
§ 3404. Determination of criminal responsibility.
(a) Criminal responsibility determination by court.--At a
hearing under section 3403 (relating to incompetency hearing
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procedures and effect and dismissal of charges) the court may
also hear evidence on whether the person was criminally
responsible for the commission of the crime charged, in
accordance with the rules governing the consideration and
determination of the same issue at criminal trial. If the person
is found to have lacked criminal responsibility, an acquittal
shall be entered. If the person is not so acquitted, the person
may raise the defense at such time as the person may be tried.
(b) Opinion evidence on mental condition.--At a hearing
under section 3403 or upon trial, a licensed psychiatrist or
licensed psychologist appointed by the court may be called as a
witness by the attorney for the Commonwealth or by the
defense. Each party may also summon any other licensed
psychiatrist or licensed psychologist or other expert to
testify.
(c) Bifurcation of issues or trial.--Upon trial and in the
interest of justice, the court may direct that the issue of
criminal responsibility be heard and determined separately from
the other issues in the case and, in a trial by jury, that the
issue of criminal responsibility be submitted to a separate
jury. Upon a request for bifurcation, the court shall consider
the substantiality of the defense of lack of responsibility, its
effect upon other defenses and the probability of a fair trial.
§ 3405. Examination of person charged with crime in aid of
sentencing.
(a) Examination before sentencing.--If a person who has been
criminally charged is to be sentenced, the court may defer
sentence and order the person to be examined for mental illness
to aid in the determination of disposition.
(b) Application for examination.--The action under
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subsection (a) may be taken on the court's initiative or on the
application of the attorney for the Commonwealth, the person
charged, the person's counsel or any other person acting in the
person's interest.
(c) Type of examination.--If at the time of sentencing the
person is not in detention, examination shall be on an
outpatient basis unless inpatient examination for this purpose
is ordered pursuant to Chapter 33 (relating to involuntary
examination and treatment).
§ 3406. Application for court-ordered involuntary treatment.
The attorney for the Commonwealth, the defendant, the
defendant's counsel, the county administrator or any other
interested party may petition the same court for an order
directing involuntary treatment under section 3304 (relating to
court-ordered involuntary treatment) after the occurrence of any
of the following:
(1) A finding of incompetency to proceed on criminal
charges under section 3403 (relating to incompetency hearing
procedures and effect and dismissal of charges).
(2) An acquittal by reason of lack of criminal
responsibility under section 3404 (relating to determination
of criminal responsibility).
(3) An examination in aid of sentencing under section
3405 (relating to examination of person charged with crime
in aid of sentencing).
§ 3407. Voluntary treatment of person charged with crime or
serving sentence.
(a) Certification of need.--Whether in lieu of bail or
serving a sentence, a person in criminal detention who believes
that the person is in need of treatment and substantially
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understands the nature of voluntary treatment may submit to
examination and treatment under this part, subject to the
following certification requirements:
(1) At least one physician shall certify the necessity
of treatment and that treatment cannot be adequately provided
at the prison or correctional facility where the person then
is detained.
(2) The physician's certificate shall set forth the
specific grounds that make transfer to a mental health
facility necessary.
(3) The correctional facility shall secure a written
acceptance of the person for inpatient treatment from the
mental health facility and shall forward the acceptance to
the court.
(b) Independent examination.--Before any inmate of a prison
or correctional facility may be transferred to a mental health
facility for the purpose of examination and treatment, the
correctional facility shall notify the district attorney, who
shall be given up to 14 days after receipt of notification to
conduct an independent examination of the defendant.
(c) Court review and approval.--The court shall review the
certification of the physician that the transfer is necessary
and the recommendation of the physician for the Commonwealth and
either approve or disapprove the transfer, subject to subsection
(d) and the following conditions:
(1) The court may request any other information it needs
concerning the necessity of the transfer.
(2) Where possible, the sentencing judge shall preside.
(d) Hearing.--Upon the motion of the district attorney, a
hearing shall be held on the question of the voluntary treatment
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of a person charged with a crime or serving a sentence.
(e) Reports.--A report of the person's mental condition
shall be made by the mental health facility to the court within
30 days of the person's transfer to the facility. The report
shall also set forth the specific grounds which require
continued treatment at a mental health facility. After the
initial report, the facility shall thereafter report to the
court every 180 days.
(f) Withdrawal from treatment.--If, at any time, the person
gives notice of intent to withdraw from treatment at the mental
health facility, the person shall be returned to the authority
entitled to have the person in custody, or proceedings may be
initiated under section 3304 (relating to court-ordered
involuntary treatment). During the pendency of any petition
filed under section 3304 concerning a person in treatment under
this section, the mental health facility shall have authority to
detain the person regardless of the provisions of section 3203
(relating to explanation and consent), provided that the hearing
under section 3304 is conducted within seven days of the time
the person gives notice of his intent to withdraw from
treatment.
(g) Time served.--The period of voluntary treatment under
this section shall be credited as time served on account of any
sentence to be imposed on pending charges or an unexpired term
of imprisonment.
Section 2. Sections 6105(c)(4), 6109(i.1) and 6111.1(f), (g)
and (k) of Title 18 are amended to read:
§ 6105. Persons not to possess, use, manufacture, control, sell
or transfer firearms.
* * *
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(c) Other persons.--In addition to any person who has been
convicted of any offense listed under subsection (b), the
following persons shall be subject to the prohibition of
subsection (a):
* * *
(4) A person who has been adjudicated as an incompetent
or who has been involuntarily committed to a mental
institution for inpatient care and treatment under [section
302, 303 or 304 of the provisions of the act of July 9, 1976
(P.L.817, No.143), known as the Mental Health Procedures
Act.] 50 Pa.C.S. § 3302 (relating to involuntary emergency
examination and treatment), 3303 (relating to extended
involuntary emergency treatment), or 3304 (relating to court-
ordered involuntary treatment). This paragraph shall not
apply to any proceeding under [section 302 of the Mental
Health Procedures Act] 50 Pa.C.S. § 3302 unless the examining
physician has issued a certification that inpatient care was
necessary or that the person was committable.
* * *
§ 6109. Licenses.
* * *
(i.1) Notice to sheriff.--Notwithstanding any statute to the
contrary:
(1) Upon conviction of a person for a crime specified in
section 6105(a) or (b) or upon conviction of a person for a
crime punishable by imprisonment exceeding one year or upon a
determination that the conduct of a person meets the criteria
specified in section 6105(c)(1), (2), (3), (5), (6) or (9),
the court shall determine if the defendant has a license to
carry firearms issued pursuant to this section. If the
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defendant has such a license, the court shall notify the
sheriff of the county in which that person resides, on a form
developed by the Pennsylvania State Police, of the identity
of the person and the nature of the crime or conduct which
resulted in the notification. The notification shall be
transmitted by the judge within seven days of the conviction
or determination.
(2) Upon adjudication that a person is incompetent or
upon the involuntary commitment of a person to a mental
institution for inpatient care and treatment under [the act
of July 9, 1976 (P.L.817, No.143), known as the Mental Health
Procedures Act] 50 Pa.C.S. Pt. III (relating to mental health
procedures), or upon involuntary treatment of a person as
described under section 6105(c)(4), the judge of the court of
common pleas, mental health review officer or county mental
health and mental retardation administrator shall notify the
sheriff of the county in which that person resides, on a form
developed by the Pennsylvania State Police, of the identity
of the person who has been adjudicated, committed or treated
and the nature of the adjudication, commitment or treatment.
The notification shall be transmitted by the judge, mental
health review officer or county mental health and mental
retardation administrator within seven days of the
adjudication, commitment or treatment.
* * *
§ 6111.1. Pennsylvania State Police.
* * *
(f) Notification of mental health adjudication, treatment,
commitment, drug use or addiction.--
(1) Notwithstanding any statute to the contrary, judges
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of the courts of common pleas shall notify the Pennsylvania
State Police, on a form developed by the Pennsylvania State
Police, of:
(i) the identity of any individual who has been
adjudicated as an incompetent or as a mental defective or
who has been involuntarily committed to a mental
institution under the [act of July 9, 1976 (P.L.817,
No.143), known as the Mental Health Procedures Act] 50
Pa.C.S. Pt. III (relating to mental health procedures) ,
or who has been involuntarily treated as described in
section 6105(c)(4) (relating to persons not to possess,
use, manufacture, control, sell or transfer firearms) or
as described in 18 U.S.C. § 922(g)(4) (relating to
unlawful acts) and its implementing Federal regulations;
and
(ii) any finding of fact or court order related to
any person described in 18 U.S.C. § 922(g)(3).
(2) The notification shall be transmitted by the judge
to the Pennsylvania State Police within seven days of the
adjudication, commitment or treatment.
(3) Notwithstanding any law to the contrary, the
Pennsylvania State Police may disclose, electronically or
otherwise, to the United States Attorney General or a
designee, any record relevant to a determination of whether a
person is disqualified from possessing or receiving a firearm
under 18 U.S.C. § 922 (g)(3) or (4) or an applicable state
statute.
(g) Review by court.--
(1) Upon receipt of a copy of the order of a court of
competent jurisdiction which vacates a final order or an
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involuntary certification issued by a mental health review
officer, the Pennsylvania State Police shall expunge all
records of the involuntary treatment received under
subsection (f).
(2) A person who is involuntarily committed pursuant to
[section 302 of the Mental Health Procedures Act] 50 Pa.C.S.
§ 3302 (relating to involuntary emergency examination and
treatment) may petition the court to review the sufficiency
of the evidence upon which the commitment was based. If the
court determines that the evidence upon which the involuntary
commitment was based was insufficient, the court shall order
that the record of the commitment submitted to the
Pennsylvania State Police be expunged. A petition filed under
this subsection shall toll the 60-day period set forth under
section 6105(a)(2).
(3) The Pennsylvania State Police shall expunge all
records of an involuntary commitment of an individual who is
discharged from a mental health facility based upon the
initial review by the physician occurring within two hours of
arrival under [section 302(b) of the Mental Health Procedures
Act] 50 Pa.C.S. § 3302(b) and the physician's determination
that no severe mental disability existed pursuant to [section
302(b) of the Mental Health Procedures Act] 50 Pa.C.S. §
3302(b). The physician shall provide signed confirmation of
the determination of the lack of severe mental disability
following the initial examination under [section 302(b) of
the Mental Health Procedures Act] 50 Pa.C.S. § 3302(b) to the
Pennsylvania State Police.
* * *
(k) Definitions.--As used in this section, the following
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words and phrases shall have the meanings given to them in this
subsection:
"Firearm." The term shall have the same meaning as in
section 6111.2 (relating to firearm sales surcharge).
"Physician." Any licensed psychiatrist, or clinical
psychologist as defined in [the act of July 9, 1976 (P.L.817,
No.143), known as the Mental Health Procedures Act] 50 Pa.C.S.
Pt. III (relating to mental health procedures).
Section 3. Sections 5463(f), 5822(a), 5825(b), 5826(b),
5832(a), 5839(b) and 5843(a) and (b) of Title 20 are amended to
read:
§ 5463. Effect on other State law.
* * *
(f) Disclosure.--The disclosure requirements of section
5456(d) (relating to authority of health care agent) supersede
any provision in any other State statute or regulation that
requires the principal to consent to disclosure or which
otherwise conflicts with section 5456(d), including, but not
limited to, the following:
(1) Section 8 of the act of April 14, 1972 (P.L.221,
No.63), known as the Pennsylvania Drug and Alcohol Abuse
Control Act.
(2) [Section 111 of the act of July 9, 1976 (P.L.817,
No.143), known as the Mental Health Procedures Act.] 50
Pa.C.S. §§ 3113 (relating to confidentiality of records) and
3116(c) (relating to reporting requirements for firearms
background checks).
(3) Section 15 of the act of October 5, 1978 (P.L.1109,
No.261), known as the Osteopathic Medical Practice Act.
(4) Section 41 of the act of December 20, 1985 (P.L.457,
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No.112), known as the Medical Practice Act of 1985.
(5) Section 7 of the act of November 29, 1990 (P.L.585,
No.148), known as the Confidentiality of HIV-Related
Information Act.
§ 5822. Execution.
(a) Who may make.--An individual who is at least 18 years of
age or an emancipated minor and has not been deemed
incapacitated pursuant to section 5511 (relating to petition and
hearing; independent evaluation) or severely mentally disabled
pursuant to [Article III of the act of July 9, 1976 (P.L.817,
No.143), known as the Mental Health Procedures Act] 50 Pa.C.S.
Ch. 33 (relating to involuntary examination and treatment) , may
make a declaration governing the initiation, continuation,
withholding or withdrawal of mental health treatment.
* * *
§ 5825. Revocation.
* * *
(b) Capacity to revoke.--Subsection (a) notwithstanding,
during a period of involuntary commitment pursuant to [Article
III of the act of July 9, 1976 (P.L.817, No.143), known as the
Mental Health Procedures Act] 50 Pa.C.S. Ch. 33 (relating to
involuntary examination and treatment), a declarant may revoke
the declaration only if found to be capable of making mental
health decisions after examination by a psychiatrist and one of
the following: another psychiatrist, a psychologist, a family
physician, an attending physician or a mental health treatment
professional. Whenever possible, at least one of the decision
makers shall be a treating professional of the declarant or
principal.
* * *
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§ 5826. Amendment.
* * *
(b) Determination of capacity.--During the period of
involuntary treatment pursuant to [Article III of the act of
July 9, 1976 (P.L.817, No.143), known as the Mental Health
Procedures Act] 50 Pa.C.S. Ch. 33 (relating to involuntary
examination and treatment), a declarant may amend the
declaration if the individual is found to be capable of making
mental health decisions after examination by a psychiatrist and
one of the following: another psychiatrist, a psychologist,
family physician, attending physician or mental health treatment
professional. Whenever possible, at least one of the decision
makers shall be a treating professional of the declarant or
principal.
§ 5832. Execution.
(a) Who may make.--An individual who is at least 18 years of
age or an emancipated minor and who has not been deemed
incapacitated pursuant to section 5511 (relating to petition and
hearing; independent evaluation) or found to be severely
mentally disabled pursuant to [Article III of the act of July 9,
1976 (P.L.817, No.143), known as the Mental Health Procedures
Act] 50 Pa.C.S. Ch. 33 (relating to involuntary examination and
treatment), may make a mental health power of attorney governing
the initiation, continuation, withholding or withdrawal of
mental health treatment.
* * *
§ 5839. Revocation.
* * *
(b) Capacity to revoke.--Notwithstanding subsection (a),
during a period of involuntary commitment pursuant to [Article
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III of the act of July 9, 1976 (P.L.817, No.143), known as the
Mental Health Procedures Act] 50 Pa.C.S. Ch. 33 (relating to
involuntary examination and treatment), a principal may revoke
the mental health power of attorney only if found to be capable
of making mental health decisions after examination by a
psychiatrist and one of the following: another psychiatrist, a
psychologist, a family physician, an attending physician or a
mental health treatment professional. Whenever possible, at
least one of the decision makers shall be a treating
professional of the declarant or principal.
* * *
§ 5843. Construction.
(a) General rule.--Nothing in this subchapter shall be
construed to:
(1) Affect the requirements of other laws of this
Commonwealth regarding consent to observation, diagnosis,
treatment or hospitalization for a mental illness.
(2) Authorize a mental health care agent to consent to
any mental health care prohibited by the laws of this
Commonwealth.
(3) Affect the laws of this Commonwealth regarding any
of the following:
(i) The standard of care of a mental health care
provider required in the administration of mental health
care or the clinical decision-making authority of the
mental health care provider.
(ii) When consent is required for mental health
care.
(iii) Informed consent for mental health care.
(4) Affect the ability to admit a person to a mental
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health facility under the voluntary and involuntary
commitment provisions of [the act of July 9, 1976 (P.L.817,
No.143), known as the Mental Health Procedures Act] 50
Pa.C.S. Pt. III (relating to mental health procedures) .
(b) Disclosure.--
(1) The disclosure requirements of section 5836(e)
(relating to authority of mental health care agent) shall
supersede any provision in any other State statute or
regulation that requires a principal to consent to disclosure
or which otherwise conflicts with section 5836(e), including,
but not limited to, the following:
(i) The act of April 14, 1972 (P.L.221, No.63),
known as the Pennsylvania Drug and Alcohol Abuse Control
Act.
(ii) [Section 111 of the act of July 9, 1976
(P.L.817, No.143), known as the Mental Health Procedures
Act.] 50 Pa.C.S. §§ 3113 (relating to confidentiality of
records) and 3116(c) (relating to reporting requirements
for firearms background checks).
(iii) The act of October 5, 1978 (P.L.1109, No.261),
known as the Osteopathic Medical Practice Act.
(iv) Section 41 of the act of December 20, 1985
(P.L.457, No.112), known as the Medical Practice Act of
1985.
(v) The act of November 29, 1990 (P.L.585, No.148),
known as the Confidentiality of HIV-Related Information
Act.
(2) The disclosure requirements under section 5836(e)
shall not apply to the extent that the disclosure would be
prohibited by Federal law and implementing regulations.
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* * *
Section 4. Section 5336(b) of Title 23 is amended to read:
§ 5336. Access to records and information.
* * *
(b) Nondisclosure of confidential information.--The court
shall not order the disclosure of any of the following
information to any parent or party granted custody:
(1) The address of a victim of abuse.
(2) Confidential information from an abuse counselor or
shelter.
(3) Information protected under Chapter 67 (relating to
domestic and sexual violence victim address confidentiality).
(4) Information independently protected from disclosure
by the child's right to confidentiality under [the act of
July 9, 1976 (P.L.817, No.143), known as the Mental Health
Procedures Act] 50 Pa.C.S. Pt. III (relating to mental health
procedures), or any other statute.
* * *
Section 5. Sections 6356 and 9727 of Title 42 are amended to
read:
§ 6356. Disposition of mentally ill or mentally retarded child.
If, at a dispositional hearing of a child found to be a
delinquent or at any hearing, the evidence indicates that the
child may be subject to commitment or detention under the
provisions of the act of October 20, 1966 (3rd Sp.Sess., P.L.96,
No.6), known as the ["]Mental Health and [Mental Retardation]
Intellectual Disability Act of 1966,["] or [the act of July 9,
1976 (P.L.817, No.143), known as the "Mental Health Procedures
Act,"] 50 Pa.C.S . Pt. III (relating to mental health
procedures), the court shall proceed under the provisions of the
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appropriate statute.
§ 9727. Disposition of persons found guilty but mentally ill.
(a) Imposition of sentence.--A defendant found guilty but
mentally ill or whose plea of guilty but mentally ill is
accepted under the provisions of 18 Pa.C.S. § 314 (relating to
guilty but mentally ill) may have any sentence imposed on him
which may lawfully be imposed on any defendant convicted of the
same offense. Before imposing sentence, the court shall hear
testimony and make a finding on the issue of whether the
defendant at the time of sentencing is severely mentally
disabled and in need of treatment pursuant to the provisions of
[the act of July 9, 1976 (P.L.817, No.143), known as the "Mental
Health Procedures Act."] 50 Pa.C.S. Pt. III (relating to mental
health procedures).
(b) Treatment.--
(1) An offender who is severely mentally disabled and in
need of treatment at the time of sentencing shall, consistent
with available resources, be provided such treatment as is
psychiatrically or psychologically indicated for his mental
illness. Treatment may be provided by the Bureau of
Correction, by the county or by the Department of [Public
Welfare] Human Services in accordance with the ["Mental
Health Procedures Act."] 50 Pa.C.S. Pt. III.
(2) The cost for treatment of offenders found guilty but
mentally ill, committed to the custody of the Bureau of
Correction and transferred to a mental health facility, shall
be borne by the Commonwealth.
* * *
Section 6. Section 1101(a) of Title 61 is amended to read:
§ 1101. Benefits to injured employees of State correctional
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institutions.
(a) General rule.--An employee of a State correctional
institution who is injured during the course of that employment
by an act of an inmate or by any person who has been committed
to the State correctional institution by any court of the
Commonwealth or by any provision of [the act of July 9, 1976
(P.L.817, No.143), known as the Mental Health Procedures Act] 50
Pa.C.S. Pt. III (relating to mental health procedures), shall be
paid by the Commonwealth the employee's full salary until the
disability arising from the injury no longer prevents the
employee's return as an employee of the department at a salary
equal to that earned by the employee at the time of the injury.
* * *
Section 7. The addition of 50 Pa.C.S. Pt. III is a
continuation of the act of July 9, 1976 (P.L.817, No.143), known
as the Mental Health Procedures Act. The following apply:
(1) Except as otherwise provided in 50 Pa.C.S. Pt. III,
all activities initiated under the Mental Health Procedures
Act shall continue and remain in full force and effect and
may be completed under 50 Pa.C.S. Pt. III. Resolutions,
orders, regulations, rules and decisions which were made
under the Mental Health Procedures Act and which are in
effect on the effective date of this section shall remain in
full force and effect until revoked, vacated or modified
under 50 Pa.C.S. Pt. III. Contracts, obligations and
agreements entered into under the Mental Health Procedures
Act are not affected nor impaired by the repeal of the Mental
Health Procedures Act.
(2) A reference in any other act or regulation to the
Mental Health Procedures Act shall be deemed to be a
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reference to 50 Pa.C.S. Pt. III (relating to mental health
procedures).
Section 8. Repeals are as follows:
(1) The General Assembly finds that the repeal under
paragraph (2) is necessary to effectuate this act.
(2) The act of July 9, 1976 (P.L.817, No.143), known as
the Mental Health Procedures Act, is repealed.
Section 9. This act shall take effect in 60 days.
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