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PRINTER'S NO. 770
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
713
Session of
2017
INTRODUCED BY BAKER, TOOHIL, ENGLISH, McNEILL, MILLARD,
ZIMMERMAN, BOBACK, SAYLOR, STAATS, DeLUCA, D. COSTA, WARD,
OBERLANDER, CORBIN, McGINNIS, QUIGLEY, SANKEY, PICKETT,
WHEELAND AND MARSICO, MARCH 6, 2017
REFERRED TO COMMITTEE ON HEALTH, MARCH 6, 2017
AN ACT
Amending the act of July 9, 1976 (P.L.817, No.143), entitled "An
act relating to mental health procedures; providing for the
treatment and rights of mentally disabled persons, for
voluntary and involuntary examination and treatment and for
determinations affecting those charged with crime or under
sentence," in involuntary examination and treatment, further
providing for persons who may be subject to involuntary
emergency examination and treatment, for involuntary
emergency examination and treatment authorized by a physician
- not to exceed one hundred twenty hours, for extended
involuntary emergency treatment certified by a judge or
mental health review officer - not to exceed twenty days, for
court-ordered involuntary treatment not to exceed ninety
days; and, in determinations affecting those charged with
crime, or under sentence, further providing for incompetence
to proceed on criminal charges and lack of criminal
responsibility as defense.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 301, 302(a)(1), 303(c)(1) and (h),
304(a)(1), (b)(2), (f) and (g)(4) and 402(b) of the act of July
9, 1976 (P.L.817, No.143), known as the Mental Health Procedures
Act, are amended to read:
Section 301. Persons Who May be Subject to Involuntary
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Emergency Examination and Treatment.--(a) Persons Subject.--(1)
Whenever a person is severely mentally disabled and in need of
immediate treatment, he may be made subject to involuntary
emergency examination and treatment.
(2) A person is severely mentally disabled when, as a result
of mental illness[,] or substance use disorder which caused a
drug overdose event, as defined in the act of April 14, 1972
(P.L.233, No.64), known as The Controlled Substance, Drug,
Device and Cosmetic Act, his capacity to exercise self-control,
judgment and discretion in the conduct of his affairs and social
relations or to care for his own personal needs is so lessened
that he poses a clear and present danger of harm to others or to
himself.
(b) Determination of Clear and Present Danger.--(1) 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 and that there is a
reasonable probability that such conduct will be repeated. If,
however, the person has been found incompetent to be tried 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, such 30-
day limitation shall not apply so long as an application for
examination and treatment is filed within 30 days after the date
of such determination or verdict. In such case, 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. For the purpose of this section, a clear and present
danger of harm to others may be demonstrated by proof that the
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person has made threats of harm and has committed acts in
furtherance of the threat to commit harm.
(2) Clear and present danger to himself shall be shown by
establishing that within the past 30 days:
(i) the person has acted in such manner as to evidence that
he would be unable, without care, supervision and the continued
assistance of others, to satisfy his need for nourishment,
personal or medical care, shelter, or self-protection and
safety, and that there is a reasonable probability that death,
serious bodily injury or serious physical debilitation would
ensue within 30 days unless adequate treatment were afforded
under this act; or
(ii) the person has attempted suicide and that there is the
reasonable probability of suicide unless adequate treatment is
afforded under this act. For the purposes of this subsection, a
clear and present danger may be demonstrated by the proof that
the person has made threats to commit suicide and has committed
acts which are in furtherance of the threat to commit suicide;
or
(iii) the person has substantially mutilated himself or
attempted to mutilate himself substantially and that there is
the reasonable probability of mutilation unless adequate
treatment is afforded under this act. For the purposes of this
subsection, a clear and present danger shall be established by
proof that the person has made threats to commit mutilation and
has committed acts which are in furtherance of the threat to
commit mutilation[.]; or
(iv) the person has ingested an amount of drugs as to render
himself unconscious or in need of medical treatment to prevent
imminent death or serious bodily harm.
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Section 302. Involuntary Emergency Examination and Treatment
Authorized by a Physician - Not to Exceed One Hundred Twenty
Hours.--(a) Application for Examination.--Emergency examination
may be undertaken at a treatment facility upon the certification
of a physician stating the need for such examination; or upon a
warrant issued by the county administrator authorizing such
examination; or without a warrant upon application by a
physician or other authorized person who has personally observed
conduct showing the need for such examination.
(1) Warrant for Emergency Examination.--Upon written
application by a physician or other responsible party setting
forth facts constituting reasonable grounds to believe a person
is severely mentally disabled as provided under section 301(a)
(2) and in need of immediate treatment, the county administrator
may issue a warrant requiring a person authorized by him, or any
peace officer, to take such person to the facility specified in
the warrant.
* * *
Section 303. Extended Involuntary Emergency Treatment
Certified by a Judge or Mental Health Review Officer - Not to
Exceed Twenty Days.--* * *
(c) Informal Conference on Extended Emergency Treatment
Application.--(1) At the commencement of the informal
conference, the judge or the mental health review officer shall
inform the person of the nature of the proceedings. Information
relevant to whether the person is severely mentally disabled as
provided under section 301(a)(2) and in need of treatment shall
be reviewed, including the reasons that continued involuntary
treatment is considered necessary. Such explanation shall be
made by a physician who examined the person and shall be in
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terms understandable to a layman. The judge or mental health
review officer may review any relevant information even if it
would be normally excluded under rules of evidence if he
believes that such information is reliable. The person or his
representative shall have the right to ask questions of the
physician and of any other witnesses and to present any relevant
information. At the conclusion of the review, if the judge or
the review officer finds that the person is severely mentally
disabled as provided under section 301(a)(2) and in need of
continued involuntary treatment, he shall so certify. Otherwise,
he shall direct that the facility director or his designee
discharge the person.
* * *
(h) Duration of Extended Involuntary Emergency Treatment.--
Whenever a person is no longer severely mentally disabled as
provided under section 301(a)(2) or in need of immediate
treatment and, in any event, within 20 days after the filing of
the certification, he shall be discharged, unless within such
period:
(1) he is admitted to voluntary treatment pursuant to
section 202; or
(2) the court orders involuntary treatment pursuant to
section 304.
Section 304. Court-ordered Involuntary Treatment Not to
Exceed Ninety Days.--(a) Persons for Whom Application May be
Made.--(1) A person who is severely mentally disabled and in
need of treatment, [as defined in section 301(a)] as provided
under section 301(a)(2), may be made subject to court-ordered
involuntary treatment upon a determination of clear and present
danger under section 301(b)(1) (serious bodily harm to others),
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or section 301(b)(2)(i) (inability to care for himself, creating
a danger of death or serious harm to himself), or 301(b)(2)(ii)
(attempted suicide), [or] 301(b)(2)(iii) (self-mutilation) or
301(b)(2)(iv) (drug overdose event).
* * *
(b) Procedures for Initiating Court-ordered Involuntary
Treatment for Persons Already Subject to Involuntary
Treatment.--* * *
(2) The petition shall be in writing upon a form adopted by
the department and shall include a statement of the facts
constituting reasonable grounds to believe that the person is
severely mentally disabled as provided under section 301(a)(2)
and in need of treatment. The petition shall state the name of
any examining physician and the substance of his opinion
regarding the mental condition of the person. It shall also
state that the person has been given the information required by
subsection (b)(3).
* * *
(f) Determination and Order.--Upon a finding by clear and
convincing evidence that the person is severely mentally
disabled as provided under section 301(a)(2) 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 an outpatient, or a combination of
such treatment as the director of the facility shall from time
to time determine. Inpatient treatment shall be deemed
appropriate only after full consideration has been given to less
restrictive alternatives. Investigation of treatment
alternatives shall include consideration of the person's
relationship to his community and family, his employment
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possibilities, all available community resources, and
guardianship services. An order for inpatient treatment shall
include findings on this issue.
(g) Duration of Court-ordered Involuntary Treatment.--* * *
(4) In cases involving involuntary treatment pursuant to
clause (2), whenever 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 305
or at any time the director concludes that the person is not
severely mentally disabled as provided under section 301(a)(2)
or in need of treatment, the director shall petition the court
which ordered the involuntary treatment for the unconditional or
conditional release of the person. Notice of such petition shall
be given to the person, the county administrator and the
district attorney. Within 15 days after the petition has been
filed, the court shall hold a hearing to determine if the person
is severely mentally disabled as provided under section 301(a)
(2) and in need of treatment. Petitions which must be filed
simply because the period of involuntary treatment will expire
shall be filed at least ten days prior to the expiration of the
court-ordered period of involuntary treatment. If the court
determines after hearing that the person is severely mentally
disabled as provided under section 301(a)(2) 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.
Section 402. Incompetence to Proceed on Criminal Charges and
Lack of Criminal Responsibility as Defense.--* * *
(b) Involuntary Treatment of Persons Found Incompetent to
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Stand Trial Who are Not Mentally Disabled.--Notwithstanding the
provisions of Article III of this act, a court may order
involuntary treatment of a person found incompetent to stand
trial but who is not severely mentally disabled as provided
under section 301(a)(2), such involuntary treatment not to
exceed a specific period of 60 days. 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 stand trial. The court may
order outpatient treatment, partial hospitalization or inpatient
treatment.
* * *
Section 2. This act shall take effect in 60 days.
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