PRINTER'S NO. 855
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
710
Session of
2017
INTRODUCED BY BREWSTER, FONTANA, HUGHES, LANGERHOLC, VULAKOVICH
AND COSTA, MAY 19, 2017
REFERRED TO JUDICIARY, MAY 19, 2017
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in court-ordered
involuntary treatment of certain sexually violent persons,
providing for court-ordered involuntary treatment of certain
persons for controlled substance addiction; and making
editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6358(e) of Title 42 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 6358. Assessment of delinquent children by the State Sexual
Offenders Assessment Board.
* * *
(e) Dispositional review hearing.--Where the board has
concluded that the child is in need of involuntary treatment
pursuant to the provisions of Chapter 64 (relating to [court-
ordered involuntary treatment of certain sexually violent
persons] involuntary commitment for treatment), the court shall
conduct a hearing at which the county solicitor or a designee,
the probation officer and the child's attorney are present. The
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court shall consider the assessment, treatment information and
any other relevant information regarding the delinquent child at
the dispositional review hearing pursuant to section 6353
(relating to limitation on and change in place of commitment),
which shall be held no later than 180 days before the 21st
birthday of the child. Where the submission of the report was
delayed pursuant to subsection (c), the dispositional review
hearing shall be held no later than 90 days before the 21st
birthday of the child.
* * *
Section 2. The heading of Chapter 64 of Title 42 is amended
to read:
CHAPTER 64
[COURT-ORDERED INVOLUNTARY TREATMENT OF CERTAIN SEXUALLY
VIOLENT PERSONS] INVOLUNTARY COMMITMENT FOR TREATMENT
Section 3. Chapter 64 of Title 42 is amended by adding a
subchapter heading to read:
SUBCHAPTER A
COURT-ORDERED INVOLUNTARY TREATMENT OF CERTAIN SEXUALLY
VIOLENT PERSONS
Section 4. Section 6401 of Title 42 is amended to read:
§ 6401. Scope of [chapter] subchapter.
This [chapter] subchapter establishes rights and procedures
for the civil commitment of sexually violent delinquent children
who, due to a mental abnormality or personality disorder, have
serious difficulty in controlling sexually violent behavior and
thereby pose a danger to the public and further provides for
additional periods of commitment for involuntary treatment for
said persons.
Section 5. Section 6402 introductory paragraph and the
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definitions of "department" and "sexually violent delinquent
child" of Title 42 are amended to read:
§ 6402. Definitions.
The following words and phrases when used in this [chapter]
subchapter shall have the meanings given to them in this section
unless the context clearly indicates otherwise:
* * *
"Department." The Department of [Public Welfare] Human
Services of the Commonwealth.
* * *
"Sexually violent delinquent child." A person who has been
found delinquent for an act of sexual violence which if
committed by an adult would be a violation of 18 Pa.C.S. § 3121
(relating to rape), 3123 (relating to involuntary deviate sexual
intercourse), 3124.1 (relating to sexual assault), 3125
(relating to aggravated indecent assault), 3126 (relating to
indecent assault) or 4302 (relating to incest) and who has been
determined to be in need of commitment for involuntary treatment
under this [chapter] subchapter.
Section 6. Sections 6403(a) introductory paragraph, (b)(1)
and (3) and (c) introductory paragraph, 6404.2(c), 6405, 6406
heading and (a), 6407 and 6408 of Title 42 are amended to read:
§ 6403. Court-ordered involuntary treatment.
(a) Persons subject to involuntary treatment.--A person may
be subject to court-ordered commitment for involuntary treatment
under this [chapter] subchapter if the person:
* * *
(b) Procedures for initiating court-ordered involuntary
commitment.--
(1) Where, pursuant to the provisions of section 6358(f)
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(relating to assessment of delinquent children by the State
Sexual Offenders Assessment Board), the court determines that
a prima facie case has been presented that the child is in
need of involuntary treatment under the provisions of this
[chapter] subchapter, the court shall order that a petition
be filed by the county solicitor or a designee before the
court having jurisdiction of the person pursuant to Chapter
63 (relating to juvenile matters).
* * *
(3) The court shall set a date for the hearing which
shall be held within 30 days of the filing of the petition
pursuant to paragraph (1) and direct the person to appear for
the hearing. A copy of the petition and notice of the hearing
date shall be served on the person, the attorney who
represented the person at the most recent dispositional
review hearing pursuant to section 6358(e) and the county
solicitor or a designee. A copy of the petition, the
assessment and notice of the hearing date shall also be
provided to the director of the facility operated by the
department pursuant to section 6406(a) (relating to duty of
Department of [Public Welfare] Human Services). The person
and the attorney who represented the person shall, along with
copies of the petition, also be provided with written notice
advising that the person has the right to counsel and that,
if he cannot afford one, counsel shall be appointed for the
person.
* * *
(c) Hearing.--A hearing pursuant to this [chapter]
subchapter shall be conducted as follows:
* * *
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§ 6404.2. Duration of outpatient commitment and review.
* * *
(c) Status reports.--An involuntary outpatient treatment
provider shall submit a report on the person's status and
clinical progress, on a form prescribed by the department, to
the facility operated by the department pursuant to section
6406(a) (relating to duty of Department of [Public Welfare]
Human Services), not less than every 30 days.
* * *
§ 6405. Right to counsel.
At each proceeding conducted pursuant to the provisions of
this [chapter] subchapter, the person who is the subject of the
proceeding shall have the right to assistance of counsel.
§ 6406. Duty of Department of [Public Welfare] Human Services.
(a) General rule.--The department shall have the duty to
provide a separate, secure State-owned facility or unit utilized
solely for the control, care and treatment of persons committed
pursuant to this [chapter] subchapter. The department shall be
responsible for all costs relating to the control, care and
treatment of persons committed to involuntary treatment pursuant
to this [chapter] subchapter.
* * *
§ 6407. Regulations.
The department shall adopt in consultation with the Juvenile
Court Judges' Commission and the board such regulations as are
necessary to effectuate the provisions of this [chapter]
subchapter.
§ 6408. Jurisdiction.
The court of common pleas for the county which entered the
order for commitment of the person for a delinquent act pursuant
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to Chapter 63 (relating to juvenile matters) shall have
jurisdiction for proceedings under this [chapter] subchapter,
including subsequent proceedings.
Section 7. Chapter 64 of Title 42 is amended by adding a
subchapter to read:
SUBCHAPTER B
COURT-ORDERED INVOLUNTARY TREATMENT OF CERTAIN PERSONS FOR
CONTROLLED SUBSTANCE ADDICTION
Sec.
6411. Scope of subchapter.
6412. Definitions.
6413. Court-ordered involuntary treatment.
6414. Duration of inpatient commitment and review.
6415. Transfer to involuntary outpatient treatment.
6416. Duration of outpatient commitment and review.
6417. Duty of Department of Human Services.
6418. Regulations.
6419. Jurisdiction.
6420. Immunity for good faith conduct.
6421. Criminal prosecution.
§ 6411. Scope of subchapter.
This subchapter establishes procedures for the involuntary
commitment of certain persons who are addicted to certain
controlled substances, including opioids, and have serious
difficulty in controlling their addictions, which may result in
criminal behavior and overdoses and may pose a danger or threat
of danger to other persons. This subchapter further provides for
periods of commitment for involuntary treatment for persons who
are addicted.
§ 6412. Definitions.
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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:
"Department." The Department of Human Services of the
Commonwealth.
"District attorney." The district attorney of the county in
which the person is charged with a violation of criminal law.
"Drug addiction." Abuse of or dependence on an opioid or a
controlled substance as defined in section 2 of the act of April
14, 1972 (P.L.233, No.64), known as The Controlled Substance,
Drug, Device and Cosmetic Act.
"Licensed health care facility." A health care facility that
is licensed under Article X of the act of June 13, 1967 (P.L.31,
No.21), known as the Human Services Code, or the act of July 19,
1979 (P.L.130, No.48), known as the Health Care Facilities Act.
§ 6413. Court-ordered involuntary treatment.
(a) Persons subject to involuntary treatment.--A person
shall be subject to court-ordered commitment for involuntary
treatment under this subchapter if the person:
(1) has been charged with a criminal offense that is not
graded higher than a misdemeanor of the first degree; and
(2) has been treated by emergency medical personnel or
law enforcement under emergency circumstances caused by an
overdose of opioids or another Schedule I or Schedule II
controlled substance on two or more occasions.
(b) Procedures for initiating court-ordered involuntary
commitment.--
(1) The district attorney shall file a petition that the
person is in need of involuntary treatment under the
provisions of this subchapter due to a drug addiction.
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(2) The petition shall be in writing and shall set forth
the facts constituting reasonable grounds to believe the
individual is within the criteria for court-ordered
involuntary treatment. The petition shall include an
assessment of the person by a licensed health care facility
that establishes that the person meets the criteria for drug
addiction.
(3) The court shall set a date for the hearing, which
shall be held within 10 days of the filing of the petition
pursuant to paragraph (1) and direct the person to submit to
chemical testing and to appear for the hearing. A copy of the
petition and notice of the hearing date shall be served on
the person, as well as notice advising that the person has
the right to counsel and that, if the person cannot afford
counsel, counsel shall be appointed for the person.
(c) Determination and order.--Upon a finding by clear and
convincing evidence that the person has a drug addiction that
presents a danger to the person's physical well-being or that
results in serious difficulty in controlling behavior that makes
the person likely to engage in an act that is a danger to
himself or others or that results in criminal conduct, an order
shall be entered directing the immediate commitment of the
person for involuntary inpatient treatment to a facility
designated by the department. The order shall be in writing and
shall be consistent with the protection, care and treatment of
the person.
§ 6414. Duration of inpatient commitment and review.
(a) Initial period of commitment.--A person who has been
committed for involuntary treatment under section 6413 (relating
to court-ordered involuntary treatment) shall be subject to a
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period of commitment for inpatient treatment for not less than
360 days.
(b) Treatment review.--
(1) Sixty days prior to the expiration of the 360-day
commitment period, the department shall submit an evaluation
and assessment of the person to the court.
(2) The court shall schedule a review hearing, which
shall be held no later than 30 days after receipt of both the
evaluation and the assessment under paragraph (1). Notice of
the review hearing shall be provided to the person, the
attorney who represented the person at the previous hearing
and the district attorney. If the court determines by clear
and convincing evidence that the person continues to have
serious difficulty responding to treatment while committed
for inpatient treatment due to continued symptoms of drug
addiction or resistance to treatment, the court shall order
an additional period of involuntary inpatient treatment of 60
days. Otherwise, the court shall order the department to
develop an outpatient treatment plan for the person. The
order shall be in writing and shall be consistent with the
protection, care and treatment of the person.
(c) Outpatient treatment plan.--
(1) If at any time after 250 days of treatment the
director or a designee of the facility to which the person
was committed concludes the person no longer has a serious
addiction requiring an inpatient setting, the director shall
petition the court for a hearing. Notice of the petition
shall be given to the person, the attorney who represented
the person at the previous hearing held pursuant to
subsection (b) or section 6413(c) (relating to court-ordered
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involuntary treatment), the district attorney and the
department. The person and the person's attorney shall also
be provided with written notice advising that the person has
the right to counsel and that, if the person cannot afford
counsel, counsel shall be appointed for the person.
(2) Upon receipt of notice under paragraph (1), the
department shall conduct a new assessment within 30 days and
provide that assessment to the court.
(3) Within 10 days after the receipt of the assessment
from the department, the court shall hold a hearing. If the
court determines by clear and convincing evidence that the
person continues, while committed for inpatient treatment, to
suffer from drug addiction that makes the person likely to
engage in conduct that is a danger to the person or other
persons, the court shall order that the person be subject to
the remainder of the period of inpatient commitment.
Otherwise, the court shall order the department to develop an
outpatient treatment plan for the person.
(4) The department shall provide the person with notice
of the person's right to petition the court for transfer to
involuntary outpatient treatment over the objection of the
department. The court, after review of the petition, may
schedule a hearing pursuant to this subchapter.
(5) An outpatient treatment plan shall be in writing and
shall identify the specific entity that will provide each
clinical and support service identified in the plan.
(6) The department shall provide a copy of the
outpatient treatment plan to the court, the person, the
attorney who represented the person at the most recent
hearing pursuant to section 6413 and the district attorney.
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(d) Prohibition on discharge.--The court shall not order
discharge from involuntary treatment until the person has
completed involuntary outpatient treatment in accordance with
this subchapter.
§ 6415. Transfer to involuntary outpatient treatment.
The court may approve or disapprove an outpatient treatment
plan. Upon approval of an outpatient treatment plan, the court
shall order transfer of the person to involuntary outpatient
treatment in accordance with section 6416 (relating to duration
of outpatient commitment and review).
§ 6416. Duration of outpatient commitment and review.
(a) Terms and conditions.--If a court has ordered the
transfer of a person to involuntary outpatient treatment
pursuant to section 6415 (relating to transfer to involuntary
outpatient treatment), the court may, in its discretion, specify
the terms and conditions of the outpatient commitment,
including, but not limited to:
(1) Absolute compliance with the outpatient treatment
plan.
(2) Restrictions and requirements regarding the location
of the person's residence and the times the person must be
physically present.
(3) Restrictions and requirements regarding areas the
person is not permitted to visit.
(4) Restrictions and requirements regarding who the
person may contact in any medium.
(5) Periodic tests to determine the consumption of
controlled substances or opioids.
(b) Duration.--The court shall order involuntary outpatient
treatment for a period of 180 days.
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(c) Status reports.--An involuntary outpatient treatment
provider shall submit a report on the person's status and
clinical progress, on a form prescribed by the department, to
the facility operated by the department under section 6417
(relating to duty of Department of Human Services), not less
than every 30 days.
(d) Failure to comply.--If an involuntary outpatient
treatment provider becomes aware that the person has violated
any provision of the treatment plan or any term or condition
specified in subsection (a) or the provider concludes that the
person is having serious difficulty controlling drug addiction
in an outpatient setting, the provider shall immediately notify
the facility operated by the department under section 6417(a).
The facility shall notify the court by the close of the next
business day.
(e) Revocation of transfer.--Upon receiving notice under
subsection (d) that the person has violated a material term or
condition of transfer specified in subsection (a) or that the
person is having serious difficulty in an outpatient setting
controlling drug addiction that makes the person likely to
engage in an act that may result in overdose, the court shall
revoke the transfer to involuntary outpatient treatment and
order the immediate return to involuntary inpatient treatment
without a prior hearing, not to exceed 60 days. The court may
issue a warrant requiring a law enforcement officer or any
person authorized by the court to take the person into custody
and return the person to the court for transfer to involuntary
inpatient treatment. The person may file a written request for a
hearing after revocation of the transfer to involuntary
treatment. The court shall conduct a hearing pursuant to section
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6413 (relating to court-ordered involuntary treatment) within 10
days of the filing of the request.
(f) Annual review and discharge.--
(1) Sixty days prior to the expiration of the one-year
outpatient commitment period, the director of the facility or
a designee shall submit an evaluation of the person, and the
board shall submit an assessment of the person to the court.
(2) The court shall schedule a review hearing, which
shall be conducted pursuant to section 6414(b) (relating to
duration of inpatient commitment and review) and which shall
be held no later than 30 days after receipt of both the
evaluation and the assessment under paragraph (1). Notice of
the review hearing shall be provided to the person, the
attorney who represented the person at the previous hearing
held pursuant to section 6413 or 6414 and the district
attorney. If the court determines by clear and convincing
evidence that the person has serious difficulty controlling
drug addiction that makes the person likely to engage in an
act of controlled substance use to a degree that poses a
danger to the person or other persons, the court shall order
an additional period of involuntary inpatient treatment of 60
days. Otherwise, the court shall order the discharge of the
person and inform the person on the record and in open court
of the person's obligation to attend counseling under
subsection (g). The order shall be in writing and shall be
consistent with the protection and appropriate control, care
and treatment of the person.
§ 6417. Duty of Department of Human Services.
(a) Duty to provide facility.--The department shall have the
duty to provide a facility or unit utilized solely for the
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control, care and treatment of persons ordered to be committed
pursuant to this subchapter.
(b) Treatment plans.--The department, in consultation with
the Department of Drug and Alcohol Programs, shall develop
policies and procedures for providing individualized treatment
and discharge plans based on clinical guidelines and
professional standards in the field of controlled substance
abuse treatment.
§ 6418. Regulations.
The department shall adopt, in consultation with the
Department of Drug and Alcohol Programs, regulations necessary
to effectuate the provisions of this subchapter.
§ 6419. Jurisdiction.
The court of common pleas for the county that entered the
order for commitment of the person shall have jurisdiction over
all proceedings under this subchapter, including subsequent
proceedings involving that person.
§ 6420. Immunity for good faith conduct.
The following entities shall be immune from liability for
good faith conduct under this subchapter:
(1) The department and its agents and employees.
(2) County probation departments and their agents and
employees.
(3) Providers of involuntary outpatient treatment and
their agents and employees.
§ 6421. Criminal prosecution.
(a) General rule.--When a defendant is accepted into a
program of treatment in accordance with this subchapter, the
court shall order that further proceedings on the charges
against the defendant be postponed during the term of the
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program.
(b) Maximum treatment period.--The period of a treatment
program for any defendant shall not exceed 24 months.
(c) Motion to dismiss upon completion.--When the defendant
has satisfactorily completed the treatment program prescribed
and complied with its conditions pursuant to this subchapter,
the defendant may move the court for an order dismissing the
charges giving rise to the proceeding under this subchapter.
This motion shall be supported by affidavit of the defendant and
by certification of the department charged with supervising the
defendant's program. A copy of the motion shall be served on the
district attorney, who shall, within 30 days after service,
advise the court of any objections to the motion and serve a
copy of the objections on the defendant or the defendant's
attorney. If there are no objections filed within the 30-day
period, the court shall thereafter dismiss the charges against
the defendant and order expungement of the criminal records. If
objections are filed with regard to the dismissal of charges,
the court shall proceed as set forth in this section.
(d) Objections to dismissal or discharge.--If the district
attorney files a motion alleging that the defendant, during the
period of the program, violated a condition of the program
without good cause, or objects to the defendant's request for an
order of discharge, a motion alleging the violation must be
filed during the period of the program or, if filed thereafter,
must be filed within a reasonable time after the alleged
violation was committed.
(e) Order and disposition.--The defendant shall be afforded
an opportunity to be heard. If the court finds that the
defendant has committed a violation of a condition of the
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program without good cause, the court may order, when
appropriate, that the program be terminated and that the
attorney for the Commonwealth proceed on the charges as provided
by law. An order under this section shall not be appealable.
Section 8. Sections 9799.13(9), 9799.15(c)(1)(iv),
9799.16(c)(4), 9799.19(h)(4) and 9799.34 introductory paragraph
of Title 42 are amended to read:
§ 9799.13. Applicability.
The following individuals shall register with the
Pennsylvania State Police as provided in sections 9799.15
(relating to period of registration), 9799.19 (relating to
initial registration) and 9799.25 (relating to verification by
sexual offenders and Pennsylvania State Police) and otherwise
comply with the provisions of this subchapter:
* * *
(9) An individual who, on or after the effective date of
this section, is a sexually violent delinquent child who is
committed for involuntary treatment or, on the effective date
of this section, is under commitment receiving involuntary
treatment in the State-owned facility or unit as set forth in
Chapter 64 (relating to [court-ordered involuntary treatment
of certain sexually violent persons] involuntary commitment
for treatment).
§ 9799.15. Period of registration.
* * *
(c) Period of registration tolled.--The following shall
apply:
(1) The period of registration set forth in subsection
(a) shall be tolled for the period of time in which the
individual specified in section 9799.13 is:
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* * *
(iv) committed to and receiving involuntary
inpatient treatment in the State-owned facility or unit
set forth in Chapter 64 (relating to [court-ordered
involuntary treatment of certain sexually violent
persons] involuntary commitment for treatment); or
* * *
§ 9799.16. Registry.
* * *
(c) Criminal justice information.--The Pennsylvania State
Police shall ensure that the following information is included
in or electronically accessible by the registry:
* * *
(4) Current photograph of the individual. In order to
fulfill the requirements of this paragraph, in addition to
the taking of photographs pursuant to section 9799.15(e), the
Pennsylvania State Police shall ensure that additional
photographs are taken as needed when there is a significant
change in appearance of the individual, including the taking
of a current photograph before the individual is released
from a State or county correctional institution or an
institution or facility set forth in section 6352(a)(3)
(relating to disposition of delinquent child) or discharged
from the State-owned facility or unit set forth in Chapter 64
(relating to [court-ordered involuntary treatment of certain
sexually violent persons] involuntary commitment for
treatment) due to:
(i) the expiration of sentence, period of commitment
or involuntary treatment;
(ii) parole or other supervised release, including
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release to a community corrections center or a community
contract facility;
(iii) commencement of a sentence of intermediate
punishment; or
(iv) any other form of supervised release.
* * *
§ 9799.19. Initial registration.
* * *
(h) Initial registration of juvenile offender or sexually
violent delinquent child.--
* * *
(4) If the individual is, on the effective date of this
section, already a sexually violent delinquent child and
receiving involuntary treatment in the State-owned facility
or unit under Chapter 64 (relating to [court-ordered
involuntary treatment of certain sexually violent persons]
involuntary commitment for treatment), the director of the
facility or unit or a designee shall make the sexually
violent delinquent child available for and facilitate the
collection of the information set forth in section 9799.16(b)
and (c) as directed by the Pennsylvania State Police for
inclusion in the registry. The Pennsylvania State Police may
require the facility or unit to transport the sexually
violent delinquent child to and from an approved registration
site in order to fulfill the requirement of this paragraph.
In addition, the facility or unit shall ensure that the
information provided by the sexually violent delinquent child
pursuant to section 9799.16(b) is updated to reflect accurate
information prior to release. The facility or unit may not
transfer the sexually violent child to outpatient treatment
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until it has received verification from the Pennsylvania
State Police that it has received the information set forth
in section 9799.16(b) and (c).
* * *
§ 9799.34. Duties of facilities housing sexual offenders.
The Department of Corrections, a county correctional
facility, an institution or facility set forth in section
6352(a)(3) (relating to disposition of delinquent child) and the
separate, State-owned facility or unit established under Chapter
64 (relating to [court-ordered involuntary treatment of certain
sexually violent persons] involuntary commitment for treatment)
shall have the following duties:
* * *
Section 9. This act shall take effect in 60 days.
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