PRIOR PRINTER'S NO. 1205 PRINTER'S NO. 1601
No. 1025 Session of 1975
INTRODUCED BY COPPERSMITH, DOUGHERTY, REIBMAN, HILL, FRAME AND
FLEMING, SEPTEMBER 23, 1975
SENATOR COPPERSMITH, PUBLIC HEALTH AND WELFARE, AS AMENDED,
FEBRUARY 10, 1976
AN ACT
1 Relating to mental health procedures; providing for the
2 treatment and rights of mentally disabled persons, for
3 voluntary and involuntary examination and treatment and for
4 determinations affecting those charged with crime or under
5 sentence.
6 TABLE OF CONTENTS
7 Article I. General Provisions
8 Section 101. Short Title.
9 Section 102. Statement of Policy.
10 Section 103. Scope of Act.
11 Section 104. Provision for Treatment.
12 Section 105. Treatment Facilities.
13 Section 106. Persons Responsible for Formulation and
14 Review of Treatment Plan.
15 Section 107. Individualized Treatment Plan.
16 Section 108. Periodic Reexamination, Review and
17 Redisposition.
18 Section 109. Mental Health Review Officer.
19 Section 110. Written Applications, Petitions, Statements
1 and Certifications.
2 Section 111. Confidentiality of Records.
3 Section 112. Rules, Regulations and Forms.
4 Section 113. Rights and Remedies of Persons in Treatment.
5 Section 114. Immunity from Civil and Criminal Liability.
6 Section 115. Venue and Location of Legal Proceedings.
7 Article II. Voluntary Examination and Treatment
8 Section 201. Persons Who May Authorize Voluntary Treatment.
9 Section 202. To Whom Application May be Made.
10 Section 203. Explanation and Consent.
11 Section 204. Notice to Parents.
12 Section 205. PHYSICAL EXAMINATION AND Formulation of <--
13 Individualized Treatment Plan.
14 Section 206. Withdrawal from Voluntary INPATIENT Treatment. <--
15 Section 207. Transfer of Person in Voluntary Treatment.
16 Article III. Involuntary Examination and Treatment
17 Section 301. Persons Who May be Subject to Involuntary
18 Emergency Examination and Treatment.
19 Section 302. Involuntary Emergency Examination and Treatment
20 Authorized by a Physician - Not to Exceed
21 Seventy-two Hours.
22 Section 303. Extended Involuntary Emergency Treatment
23 Certified by a Judge or Mental Health Review
24 Officer - Not to Exceed Twenty Days.
25 Section 304. Court-ordered Involuntary Treatment NOT TO <--
26 EXCEED NINETY DAYS.
27 Section 305. Additional Periods of Court-ordered Involuntary
28 Treatment.
29 Section 306. Transfer of Persons in Involuntary Treatment.
30 Article IV. Determinations Affecting Those Charged with Crime,
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1 or Under Sentence
2 Section 401. Examination and Treatment of a Person Charged
3 with Crime or Serving Sentence.
4 Section 402. Incompetence to Proceed on Criminal Charges and
5 Lack of Criminal Responsibility as Defense.
6 Section 403. Hearing and Determination of Incompetency to
7 Proceed; Stay of Proceedings; Dismissal of
8 Charges.
9 Section 404. Hearing and Determination of Criminal
10 Responsibility; Bifurcated Trial.
11 Section 405. Examination of Person Charged with Crime as
12 Aid in Sentencing.
13 Section 406. Civil Procedure for Court-ordered Involuntary
14 Treatment Following a Determination of
15 Incompetency, or Acquittal by Reason of Lack of
16 Criminal Responsibility or in Conjunction with
17 Sentencing.
18 Article V. Effective Date and Applicability
19 Section 501. Effective Date and Applicability.
20 The General Assembly of the Commonwealth of Pennsylvania
21 hereby enacts as follows:
22 ARTICLE I
23 General Provisions
24 Section 101. Short Title.--This act shall be known and may
25 be cited as the "Mental Health Procedures Act."
26 Section 102. Statement of Policy.--It is the policy of the
27 Commonwealth of Pennsylvania to SEEK TO assure the availability <--
28 of adequate treatment to persons who are mentally ill, and it is
29 the purpose of this act to establish procedures whereby this
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1 policy can be effected. The Commonwealth assumes the ultimate <--
2 responsibility for providing such treatment, either directly or
3 through cooperation with other governmental or private agencies
4 or bodies, and through funding if necessary. Treatment on a
5 voluntary basis shall be preferred to involuntary treatment; and
6 in every case, the least restrictions consistent with adequate
7 treatment shall be employed. Persons who are mentally retarded,
8 senile, alcoholic, or drug dependent shall receive mental health
9 treatment only if they are also diagnosed as mentally ill, but
10 these conditions of themselves shall not be deemed to constitute
11 mental illness.
12 Section 103. Scope of Act.--This act establishes rights and
13 procedures for all involuntary treatment of mentally ill
14 persons, whether inpatient or outpatient, and for all voluntary
15 inpatient treatment of mentally ill persons. "Inpatient
16 treatment" shall include all treatment that requires full or
17 part-time residence in a facility. For the purpose of this act,
18 a "facility" means any mental health establishment, hospital,
19 clinic, institution, center, day care center, base service unit,
20 community mental health center, or part thereof, that provides
21 for the diagnosis, treatment, care or rehabilitation of mentally
22 ill persons, whether as outpatients or inpatients.
23 Section 104. Provision for Treatment.--Adequate treatment
24 means a course of treatment designed and administered to
25 alleviate a person's pain and distress and to maximize the
26 probability of his recovery from mental illness. It shall be
27 provided to all persons in treatment who are subject to this
28 act. It may include inpatient treatment, partial
29 hospitalization, or outpatient treatment. Adequate inpatient
30 treatment shall include such accommodations, diet, heat, light,
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1 sanitary facilities, clothing, recreation, education and medical
2 care as are necessary to maintain decent, safe and healthful
3 living conditions.
4 Treatment shall include diagnosis, evaluation, therapy, or
5 rehabilitation needed to alleviate pain and distress and to
6 facilitate the recovery of a person from mental illness and
7 shall also include care and other services that supplement
8 treatment and aid or promote such recovery.
9 Section 105. Treatment Facilities.--Treatment INVOLUNTARY <--
10 TREATMENT AND VOLUNTARY TREATMENT FUNDED IN WHOLE OR IN PART BY
11 PUBLIC MONEYS shall be available at a facility approved for such
12 purposes by the county administrator (who shall be the County
13 Mental Health and Mental Retardation Administrator of a county
14 or counties, or his duly authorized delegate), or by the
15 Department of Public Welfare, hereinafter cited as the
16 "department." Approval of facilities shall be made BY THE <--
17 APPROPRIATE AUTHORITY WHICH CAN BE THE DEPARTMENT pursuant to
18 regulations adopted by the department. Use of any facility not
19 approved by the Joint Commission for Accreditation of Hospitals
20 shall be prohibited, if the facility is of a type to which
21 standards established by the Joint Commission are intended to
22 apply. An exemption may be granted by the department for a
23 period not in excess of one year and may be renewed in
24 compelling circumstances. Notice of each exemption and the
25 rationale for allowing the exemption must be published pursuant
26 to the act of July 31, 1968 (P.L.769, No.240), known as the
27 "Commonwealth Documents Law," and shall be prominently posted at
28 the entrance to the main office and in the reception areas of
29 the facility.
30 Section 106. Persons Responsible for Formulation and Review
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1 of Treatment Plan.--Pursuant to sections 107 and 108 of this
2 act, a physician or clinical psychologist A TREATMENT TEAM UNDER <--
3 THE SUPERVISION OF A PHYSICIAN shall formulate and review an
4 individualized treatment plan for every person who is in
5 treatment under this act. For this purpose, "physician" means a <--
6 person licensed to practice as such in Pennsylvania, and
7 "clinical psychologist," a person who has earned a doctoral
8 degree in psychology in an accredited clinical program.
9 Section 107. Individualized Treatment Plan.--Individualized
10 treatment plan means a plan of treatment formulated for a
11 particular person in a program appropriate to his specific
12 needs. To the extent possible, the plan shall be made with the
13 cooperation, understanding and consent of the person in
14 treatment, and shall impose the least restrictive alternative
15 consistent with affording the person adequate treatment for his
16 condition.
17 Section 108. Periodic Reexamination, Review and
18 Redisposition.--(a) Reexamination and Review. Every person who
19 is in treatment under this act shall be examined by a physician
20 or clinical psychologist A TREATMENT TEAM UNDER THE SUPERVISION <--
21 OF A PHYSICIAN and his treatment plan reviewed not less than
22 once in every 30 days. Examination shall be made by a physician <--
23 if the person is receiving prescribed medication.
24 (b) Redisposition. On the basis of reexamination and review,
25 the examining physician or clinical psychologist A TREATMENT <--
26 TEAM UNDER THE SUPERVISION OF A PHYSICIAN may either authorize
27 continuation of the existing treatment plan if appropriate,
28 formulate a new individualized treatment plan, or RECOMMEND TO <--
29 THE DIRECTOR THE discharge OF the person. A person shall not <--
30 remain in treatment or under any particular mode of treatment
19750S1025B1601 - 6 -
1 for longer than such treatment is necessary and appropriate to
2 his needs.
3 (c) Record of Reexamination and Review. The physician or
4 clinical psychologist responsible for the treatment plan shall
5 maintain a record of each reexamination and review under this
6 section for each person in treatment to include: (1) a report
7 of the reexamination, including a diagnosis and prognosis; (2) a
8 brief description of the treatment provided to the person during
9 the period preceding the reexamination and the results of that
10 treatment; (3) a statement of the reason for discharge or for
11 continued treatment; (4) an individualized treatment plan for
12 the next period, if any; (5) a statement of the reasons that
13 such treatment plan imposes the least restrictive alternative
14 consistent with adequate treatment of his condition; and (6) a
15 certification that the adequate treatment recommended is
16 available and will be afforded in the treatment program.
17 Section 109. Mental Health Review Officer.--Legal
18 proceedings concerning extended involuntary emergency treatment
19 under section 303(c), or court-ordered involuntary treatment
20 under section 304, may be conducted by a judge of the court of
21 common pleas or by a mental health review officer authorized by
22 the court to conduct the proceedings. Mental health review
23 officers shall be members of the bar of the Supreme Court of
24 Pennsylvania, without restriction as to the county of their
25 residence AND WHERE POSSIBLE SHOULD BE FAMILIAR WITH THE FIELD <--
26 OF MENTAL HEALTH. They shall be appointed by the respective
27 courts of common pleas for terms not to exceed one year, and may
28 be reappointed to successive terms.
29 Section 110. Written Applications, Petitions, Statements and
30 Certifications.--(a) All written statements pursuant to section
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1 302(a)(3), and all applications, petitions, and certifications
2 required under the provisions of this act shall be made subject
3 to the penalties provided under 18 P.C.S.§4904 (relating to
4 unsworn falsification to authorities) and shall contain a notice
5 to that effect.
6 (b) All such applications, petitions, statements and
7 certifications shall be filed with the county administrator in
8 the county where the person was made subject to examination and
9 treatment and such other county in the Commonwealth, if any, in
10 which the person usually resides.
11 Section 111. Confidentiality of Records.--All documents
12 concerning persons in treatment shall be kept confidential and,
13 without the person's written consent, may not be released or
14 their contents disclosed to anyone except: (1) those engaged in
15 providing treatment for the person; (2) the county
16 administrator, pursuant to section 110; and (3) a court in the
17 course of legal proceedings authorized by this act. In no event,
18 however, shall privileged communications, whether written or
19 oral, be disclosed to anyone without such written consent. THIS <--
20 SHALL NOT RESTRICT THE COLLECTION AND ANALYSIS OF CLINICAL OR
21 STATISTICAL DATA BY THE DEPARTMENT, THE COUNTY ADMINISTRATOR OR
22 THE FACILITY SO LONG AS THE USE AND DISSEMINATION OF SUCH DATA
23 DOES NOT IDENTIFY INDIVIDUAL PATIENTS. NOTHING HEREIN SHALL BE
24 CONSTRUED TO CONFLICT WITH SECTION 8 OF THE ACT OF APRIL 14,
25 1972 (P.L.221, NO.63), KNOWN AS THE "PENNSYLVANIA DRUG AND
26 ALCOHOL ABUSE CONTROL ACT."
27 Section 112. Rules, Regulations and Forms.--The department
28 shall adopt such rules, regulations and forms as may be required
29 to effectuate the provisions of this act. Rules and regulations
30 adopted under the provisions of this act shall be adopted
19750S1025B1601 - 8 -
1 according to provisions of section 201 of the act of October 20,
2 1966 (3rd Sp.Sess., P.L.96, No.6), known as the "Mental Health
3 and Mental Retardation Act of 1966," and the act of July 31,
4 1968 (P.L.769, No.240), known as the "Commonwealth Documents
5 Law."
6 Section 113. Rights and Remedies of Persons in Treatment.--
7 Every person who is in treatment shall be entitled to all other
8 rights now or hereafter provided under the laws of this
9 Commonwealth, in addition to any rights provided for in this
10 act. Actions requesting damages, declaratory judgment,
11 injunction, mandamus, writs of prohibition, habeas corpus,
12 including challenges to the legality of detention or degree of
13 restraint, and any other remedies or relief granted by law may
14 be maintained in order to protect and effectuate the rights
15 granted under this act.
16 Section 114. Immunity from Civil and Criminal Liability.--
17 (a) In the absence of willful misconduct or gross negligence, a
18 county administrator, a director of a facility, a physician or
19 any other authorized person who participates in a decision that
20 a person be examined or treated under this act, or that a person
21 be discharged, or placed under partial hospitalization,
22 outpatient care or leave of absence, or that the restraint upon
23 such person be otherwise reduced, or a county administrator or
24 other authorized person who denies an application for
25 involuntary emergency examination and treatment, shall not be
26 civilly or criminally liable for such decision or for any of its
27 consequences.
28 (b) A judge or a mental health review officer shall not be
29 civilly or criminally liable for any actions taken or decisions
30 made by him pursuant to the authority conferred by this act.
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1 Section 115. Venue and Location of Legal Proceedings.--(a)
2 The jurisdiction of the courts of common pleas and juvenile
3 courts conferred by Articles II and III shall be exercised
4 initially by the court for the county in which the subject of
5 the proceedings is or resides. Whenever involuntary treatment is
6 ordered, jurisdiction over any subsequent proceeding shall be
7 retained by the court in which the initial proceedings took
8 place, but may be transferred to the county of the person's
9 usual residence. In all cases, a judge of the court of common
10 pleas or a mental health review officer of the county of venue
11 may conduct legal proceedings at a facility where the person is
12 in treatment whether or not its location is within the county.
13 (b) Venue for actions instituted to effectuate rights under
14 this act shall be as now or hereafter provided by law.
15 ARTICLE II
16 Voluntary Examination and Treatment
17 Section 201. Persons Who May Authorize Voluntary
18 Treatment.--Any person 14 years of age or over who believes that
19 he is in need of treatment and substantially understands the
20 nature of voluntary commitment may submit himself to examination
21 and treatment under this act, provided that the decision to do
22 so is made voluntarily. A parent, guardian, or person standing
23 in loco parentis to a child less than 14 years of age may
24 subject such child to examination and treatment under this act,
25 and in so doing shall be deemed to be acting for the child.
26 Except as otherwise authorized in this act, all of the
27 provisions of this act governing examination and treatment shall
28 apply.
29 Section 202. To Whom Application May be Made.--Application
30 for voluntary examination and treatment shall be made to an
19750S1025B1601 - 10 -
1 approved facility or to the county administrator. When
2 application is made to the county administrator, he shall
3 designate the approved facility for examination and for such
4 treatment as may be appropriate.
5 Section 203. Explanation and Consent.--Before a person is
6 accepted for voluntary inpatient treatment, an explanation shall
7 be made to him of such treatment, including the types of
8 treatment in which he may be involved, and any restraints or
9 restrictions to which he may be subject, together with a
10 statement of his rights under this act. Consent shall be given
11 in writing upon a form adopted by the department. The consent
12 shall include the following representations: That the person
13 understands his treatment will involve inpatient status; that he
14 is willing to be admitted to a designated facility for the
15 purpose of such examination and treatment; and that he consents
16 to such admission voluntarily, without coercion or duress; and,
17 if applicable, that he has voluntarily agreed to remain in
18 treatment for a specified period of no longer than 72 hours
19 after having given written notice of his intent to withdraw from
20 treatment. The consent shall be part of the person's record.
21 Section 204. Notice to Parents.--Upon the acceptance of an
22 application for examination and treatment by a minor 14 years or
23 over but less than 18 years of age, the director of the facility
24 shall promptly notify the minor's parents, guardian, or person
25 standing in loco parentis, and shall inform them of the right to
26 be heard upon the filing of an objection. Whenever such
27 objection is filed, a hearing shall be held within 72 hours by a
28 judge or mental health review officer, who shall determine
29 whether or not the voluntary commitment TREATMENT is in the best <--
30 interest of the minor.
19750S1025B1601 - 11 -
1 Section 205. PHYSICAL EXAMINATION AND Formulation of <--
2 Individualized Treatment Plan.--UPON ACCEPTANCE OF A PERSON FOR <--
3 VOLUNTARY EXAMINATION AND TREATMENT HE SHALL BE GIVEN A PHYSICAL
4 EXAMINATION. Within 72 hours after acceptance of a person for <--
5 voluntary examination and treatment, an individualized treatment
6 plan shall be formulated by a physician or clinical <--
7 psychologist, who shall have examined the person within one week
8 before his admission. A TREATMENT TEAM UNDER THE SUPERVISION OF <--
9 A PHYSICIAN. The person shall be advised of the treatment plan,
10 which shall become a part of his record. The treatment plan
11 shall state whether inpatient treatment is considered necessary,
12 and what restraints or restrictions, if any, will be
13 administered, and shall set forth the bases for such
14 conclusions.
15 Section 206. Withdrawal from Voluntary IMPATIENT <--
16 Treatment.--(a) A person in voluntary INPATIENT treatment may <--
17 withdraw at any time by giving written notice unless, as stated
18 in section 203, he has agreed in writing at the time of his
19 admission that his release can be delayed following such notice
20 for a period to be specified in the agreement, provided that
21 such period shall not exceed 72 hours.
22 (b) If the person is under the age of 14, his parent, legal
23 guardian, or person standing in loco parentis may effect his
24 release. If any responsible party believes that it would be in
25 the best interest of a person under 14 years of age in voluntary
26 treatment to be withdrawn therefrom or afforded treatment
27 constituting a less restrictive alternative, such party may file
28 a petition in the Juvenile Division of the court of common pleas
29 for the county in which the person under 14 years of age
30 resides, requesting a withdrawal from or modification of
19750S1025B1601 - 12 -
1 treatment. The court shall promptly appoint an attorney for such
2 minor person and schedule a hearing to determine what inpatient
3 treatment, if any, is in the minor's best interest. The hearing
4 shall be held within ten days of receipt of the petition, unless
5 continued upon the request of the attorney for such minor. The
6 hearing shall be conducted in accordance with the rules
7 governing other Juvenile Court proceedings.
8 (c) Nothing in this act shall be construed to require a
9 facility to continue inpatient treatment where the director of
10 the facility determines such treatment is not medically
11 indicated. ANY DISPUTE BETWEEN A FACILITY AND A COUNTY <--
12 ADMINISTRATOR AS TO THE MEDICAL NECESSITY FOR VOLUNTARY
13 IMPATIENT TREATMENT OF A PERSON SHALL BE DECIDED BY THE
14 COMMISSIONER OF MENTAL HEALTH OR HIS DESIGNATE.
15 Section 207. Transfer of Person in Voluntary Treatment.--A
16 person who is in voluntary treatment may not be transferred from
17 one facility to another without his written consent.
18 ARTICLE III
19 Involuntary Examination and Treatment
20 Section 301. Persons Who May be Subject to Involuntary
21 Emergency Examination and Treatment.--(a) Persons Subject.
22 Whenever a person is severely mentally disabled and in need of
23 immediate treatment, he may be made subject to involuntary
24 emergency examination and treatment. A person is severely
25 mentally disabled when, as a result of mental illness, his
26 capacity to exercise self-control, judgment and discretion in
27 the conduct of his affairs and social relations or to care for
28 his own personal needs is so lessened that he poses a clear and
29 present danger of harm to others or to himself.
30 (b) Determination of Clear and Present Danger. (1) Clear
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1 and present danger to others shall be shown by establishing that
2 within the past 30 days the person has inflicted or attempted to
3 inflict serious bodily harm on another and that there is a
4 present likelihood REASONABLE PROBABILITY that such conduct will <--
5 be repeated. If, however, the person has been found incompetent
6 to be tried or has been acquitted by reason of lack of criminal
7 responsibility on charges arising from conduct involving
8 infliction of or attempt to inflict substantial bodily harm on
9 another, such 30-day limitation shall not apply so long as an
10 application for examination and treatment is filed within 30
11 days after the date of such determination or verdict. In such
12 case, a clear and present danger to others may be shown by
13 establishing that the conduct charged in the criminal proceeding
14 did occur, and that there is a present likelihood REASONABLE <--
15 PROBABILITY that such conduct will be repeated.
16 (2) Clear and present danger to himself shall be shown by
17 establishing that within the past 30 days:
18 (i) the person has acted in such manner as to
19 evidence that he is WOULD BE unable, without CARE supervision <--
20 and the CONTINUED assistance of others, to satisfy his need <--
21 for nourishment, personal or medical care, shelter, or self-
22 protection and safety, and that there is a present likelihood <--
23 REASONABLE PROBABILITY that death, serious bodily injury or <--
24 serious physical debilitation will WOULD ensue within 30 days <--
25 unless adequate treatment is WERE afforded under this act; OR <--
26 (ii) the person has attempted suicide and that there
27 is the present likelihood REASONABLE PROBABILITY of suicide <--
28 unless adequate treatment is afforded under this act; OR <--
29 (iii) the person has severely mutilated himself or
30 attempted to mutilate himself severely and that there is the
19750S1025B1601 - 14 -
1 present likelihood REASONABLE PROBABILITY of mutilation <--
2 unless adequate treatment is afforded under this act. or <--
3 (iv) the person's behavior, without rational
4 explanation, has abruptly changed in that he is recklessly
5 wasting his assets, and that there is the present likelihood
6 that he will continue such conduct unless adequate treatment
7 is afforded under this act.
8 Section 302. Involuntary Emergency Examination and Treatment
9 Authorized by a Physician - Not to Exceed Seventy-two Hours.--
10 (a) Application for Examination. Emergency examination may be
11 undertaken at a treatment facility upon the certification of a
12 physician stating the need for such examination; or upon a
13 warrant issued by the county administrator authorizing such
14 examination; or without a warrant upon application by a
15 physician or other authorized person who has personally observed
16 conduct showing the need for such examination.
17 (1) Physician's Certificate for Emergency Examination. Upon <--
18 certification by a physician to the county administrator that a
19 person should receive an emergency examination to determine
20 whether he is severely mentally disabled and in need of
21 immediate treatment, he may be taken to an approved facility by
22 the physician or any person designated by the physician or
23 authorized by the county administrator, or by any peace officer.
24 The certification shall set forth the facts and circumstances
25 constituting the need for such examination.
26 (2) (1) Warrant for Emergency Examination. Upon written
27 application by any A PHYSICIAN OR OTHER responsible party <--
28 setting forth facts constituting reasonable grounds to believe a
29 person is severely mentally disabled and in need of immediate
30 treatment, the county administrator may issue a warrant
19750S1025B1601 - 15 -
1 requiring a person authorized by him, or any peace officer, to
2 take such person to the facility specified in the warrant.
3 (3) (2) Emergency Examination Without a Warrant. Upon <--
4 personal observation of the conduct of a person constituting
5 reasonable grounds to believe that he is severely mentally
6 disabled and in need of immediate treatment, any physician or
7 peace officer, or anyone authorized by the county administrator
8 may take such person to an approved facility for an emergency
9 examination. Upon arrival, he shall make a written statement
10 setting forth the grounds for believing the person to be in need
11 of such examination.
12 (b) Examination and Determination of Need for Emergency
13 Treatment. A person taken to a facility shall be examined by a
14 physician within two hours of arrival in order to determine if
15 the person is severely mentally disabled within the meaning of
16 section 301 and in need of immediate treatment. If it is
17 determined that the person is severely mentally disabled and in
18 need of emergency treatment, treatment shall be begun
19 immediately. If the physician does not so find, or if at any
20 time it appears there is no longer a need for immediate
21 treatment, the person shall be discharged and returned to such
22 place as he may reasonably direct. The physician shall make a
23 record of the examination and his findings. In no event shall a
24 person be accepted for involuntary emergency treatment if a
25 previous application was granted for such treatment and the new
26 application is not based on behavior occurring after the earlier
27 application.
28 (c) Notification of Rights at Emergency Examination. Upon
29 arrival at the facility, the person shall be informed of the
30 reasons for emergency examination and of his right to
19750S1025B1601 - 16 -
1 communicate immediately with others. He shall be given
2 reasonable use of the telephone. He shall be requested to
3 furnish the names of parties whom he may want notified of his
4 custody and kept informed of his status. The county
5 administrator or the director of the facility shall:
6 (1) give notice to such parties of the whereabouts and
7 status of the person, how and when he may be contacted and
8 visited, and how they may obtain information concerning him
9 while he is in inpatient treatment; and
10 (2) cause TAKE reasonable STEPS TO ASSURE THAT precautions <--
11 to be taken to assure that while the person is detained, the <--
12 health and safety needs of any of his dependents are met, and
13 that his personal property and the premises he occupies are
14 secure.
15 (d) Duration of Emergency Examination and Treatment. A
16 person who is in treatment pursuant to this section shall be
17 discharged whenever it is determined that he no longer is in
18 need of treatment and in any event within 72 hours, unless
19 within such period:
20 (1) he is admitted to voluntary treatment pursuant to
21 section 202 of this act; or
22 (2) a certification for extended involuntary emergency
23 treatment is filed pursuant to section 303 of this act.
24 Section 303. Extended Involuntary Emergency Treatment
25 Certified by a Judge or Mental Health Review Officer - Not to
26 Exceed Twenty Days.--(a) Persons Subject to Extended Involuntary
27 Emergency Treatment. Application for extended involuntary
28 emergency treatment may be made for any person who is being
29 treated pursuant to section 302 whenever the facility determines
30 that the need for emergency treatment is likely to extend beyond
19750S1025B1601 - 17 -
1 72 hours. The application shall be filed forthwith in the court
2 of common pleas, and shall state the grounds on which extended
3 emergency treatment is believed to be necessary.
4 (b) Appointment of Counsel and Scheduling of Informal
5 Hearing. Upon receiving such application, the court of common
6 pleas shall appoint an attorney who shall represent the person
7 unless it shall appear that the person can afford, and desires
8 to have, private representation. Within 24 hours after the
9 application is filed, an informal hearing shall be conducted by
10 a judge or by a mental health review officer and, if
11 practicable, shall be held at the facility.
12 (c) Informal Hearing on Extended Emergency Treatment
13 Application. (1) At the commencement of the informal hearing,
14 the judge or the mental health review officer shall inform the
15 person of the nature of the proceedings. Information relevant to
16 whether the person is severely mentally disabled and in need of
17 treatment shall be reviewed, including the reasons that
18 continued involuntary treatment is considered necessary. Such
19 explanation shall be made by a physician who examined the person
20 and shall be in terms understandable to a layman. The person or
21 his representative shall have the right to ask questions of the
22 physician and of any other witnesses and to present any relevant
23 information. At the conclusion of the review, if the judge or
24 the review officer finds that the person is severely mentally
25 disabled and in need of continued involuntary treatment, he
26 shall so certify. Otherwise, he shall direct that the facility
27 director or his designee discharge the person.
28 (2) A stenographic or other sufficient record of the
29 proceedings shall be made. Such record shall be kept by the
30 court or mental health review officer for at least one year.
19750S1025B1601 - 18 -
1 (d) Contents of Certification. A certification for extended
2 involuntary treatment shall be made in writing upon a form
3 adopted by the department and shall include:
4 (1) findings by the judge or mental health review officer as
5 to the reasons that extended involuntary emergency treatment is
6 necessary;
7 (2) a description of the treatment to be provided together
8 with an explanation of the adequacy and appropriateness of such
9 treatment, based upon the information received at the hearing;
10 (3) any documents required by the provisions of section 302;
11 (4) the application as filed pursuant to section 303(a);
12 (5) a statement that the person is represented by counsel;
13 and
14 (6) an explanation of the effect of the certification, the
15 person's right to petition the court for release under
16 subsection (g), and the continuing right to be represented by
17 counsel.
18 (e) Filing and Service. The certification shall be filed
19 with the director of the facility and a copy served on the
20 person, such other parties as the person requested to be
21 notified pursuant to section 302(c), and on counsel.
22 (f) Effect of Certification. Upon the filing and service of
23 a certification for extended involuntary emergency treatment,
24 the person may be given treatment in an approved facility for a
25 period not to exceed 20 days.
26 (g) Petition to Common Pleas Court. In all cases in which
27 the hearing was conducted by a mental health review officer, a
28 person made subject to treatment pursuant to this section shall
29 have the right to petition the court of common pleas for review
30 of the certification. A hearing shall be held within 72 hours
19750S1025B1601 - 19 -
1 after the petition is filed unless a continuance is requested by
2 the person's counsel. The hearing shall include a review of the
3 certification and such evidence as the court may receive or
4 require. If the court determines that further involuntary
5 treatment is necessary and that the procedures prescribed by
6 this act have been followed, it shall deny the petition.
7 Otherwise, the person shall be discharged.
8 (h) Duration of Extended Involuntary Emergency Treatment.
9 Whenever a person is no longer severely mentally disabled or in
10 need of immediate treatment and, in any event, within 20 days
11 after the filing of the certification, he shall be discharged,
12 unless within such period:
13 (1) he is admitted to voluntary treatment pursuant to
14 section 202; or
15 (2) the court orders involuntary treatment pursuant to
16 section 304.
17 Section 304. Court-ordered Involuntary Treatment NOT TO <--
18 EXCEED NINETY DAYS.--(a) Persons for Whom Application May be
19 Made. (1) A person who is severely mentally disabled and in
20 need of treatment, as defined in section 301(a), may be made
21 subject to court-ordered involuntary treatment upon a
22 determination of clear and present danger under section
23 301(b)(1) (serious bodily harm to others), or section
24 302(b)(2)(I) (inability to care for himself, creating a danger <--
25 of death or serious harm to himself), or 301(b)(2)(ii)
26 (attempted suicide), or 301(b)(2)(iii) (self-mutilation).
27 (2) Where a petition is filed for a person already subject
28 to involuntary treatment, it shall be sufficient to represent,
29 and upon hearing to reestablish, that the conduct originally
30 required by section 301 in fact occurred, provided AND that his <--
19750S1025B1601 - 20 -
1 condition continues to evidence a clear and present danger to
2 himself or others. In such event, it shall not be necessary to
3 show the reoccurrence of dangerous conduct, either harmful or
4 debilitating, within the past 30 days.
5 (b) Procedures for Initiating Court-ordered Involuntary
6 Treatment for Persons Already Subject to Involuntary Treatment.
7 (1) Petition for court-ordered involuntary treatment for
8 persons already subject to treatment under sections 303 and 305
9 may be made by the county administrator to the court of common
10 pleas.
11 (2) The petition shall be in writing upon a form adopted by
12 the department and shall include a statement of the facts
13 constituting reasonable grounds to believe that the person is
14 severely mentally disabled and in need of treatment. It shall
15 also state that the person has been given the information
16 required by subsection (b)(3) and shall include copies of all
17 documents relating to examination and treatment of the person
18 WHICH ARE REQUIRED under this act. <--
19 (3) Upon the filing of the petition the county administrator
20 shall serve a copy on the person, his attorney, and those
21 designated to be kept informed, as provided in section 302(c),
22 including an explanation of the nature of the proceedings, the
23 person's right to an attorney and the availability SERVICES of <--
24 an expert in the field of mental health, as provided by
25 subsection (d).
26 (4) A hearing on the petition shall be held in all cases,
27 not more than five days after the filing of the petition.
28 (5) Treatment shall be permitted to be maintained pending
29 the determination of the petition.
30 (c) Procedures for Initiating Court-ordered Involuntary
19750S1025B1601 - 21 -
1 Treatment for Persons not in Involuntary Treatment. (1) Any
2 responsible party may file a petition in the court of common
3 pleas requesting court-ordered involuntary treatment for any
4 person not already in involuntary treatment for whom application
5 could be made under subsection (a).
6 (2) The petition shall be in writing upon a form adopted by
7 the department and shall set forth facts constituting reasonable
8 grounds to believe that the person is within the criteria for
9 court-ordered treatment set forth in subsection (a).
10 (3) Upon a determination that the petition sets forth such
11 reasonable cause, the court shall appoint an attorney to
12 represent the person and set a date for the hearing as soon as
13 practicable. The attorney shall represent the person unless it
14 shall appear that he can afford, and desires to have, private
15 representation.
16 (4) The court, by summons, shall direct the person to appear
17 for a hearing. The court may issue a warrant directing a person
18 authorized by the county administrator or a peace officer to
19 bring such person before the court AT THE TIME OF THE HEARING if <--
20 there are reasonable grounds to believe that the person will not
21 appear voluntarily. The court shall serve, together with the <--
22 summons or warrant, a copy of the petition on such person, and A <--
23 COPY OF THE PETITION SHALL BE SERVED ON SUCH PERSON AT LEAST
24 THREE DAYS BEFORE THE HEARING TOGETHER WITH a notice advising
25 him that an attorney has been appointed who shall represent him
26 unless he obtains an attorney himself, that he has a right to be
27 assisted in the proceedings by an expert in the field of mental
28 health, and that he may request or be made subject to
29 psychiatric examination under subsection (c)(5).
30 (5) Upon motion of either the petitioner or the person, or
19750S1025B1601 - 22 -
1 upon its own motion, the court may order the person to be
2 examined by a psychiatrist appointed by the court. Such
3 examination shall be conducted on an outpatient basis, and the
4 person shall have the right to have counsel present. A report of
5 the examination shall be given to the court and counsel at least
6 48 hours prior to the hearing.
7 (6) Involuntary treatment shall not be authorized during the
8 pendency of a petition except in accordance with section 302 or
9 section 303.
10 (d) Professional Assistance. A person with respect to whom a
11 hearing has been ordered under this section shall have and be
12 informed of a right to employ a physician, clinical psychologist
13 or other expert in mental health of his choice to assist him in
14 connection with the hearing and to testify on his behalf. If the
15 person cannot afford to engage such a professional, the court
16 shall, on application, allow a reasonable fee for such purpose.
17 The fee shall be a charge against the mental health and mental
18 retardation program of the locality.
19 (e) Hearings on Petition for Court-ordered Involuntary
20 Treatment. A hearing on a petition for court-ordered involuntary
21 treatment shall be conducted according to the following:
22 (1) The person shall have the right to counsel and to the
23 assistance of an expert in mental health.
24 (2) The person shall not be called as a witness without his
25 consent.
26 (3) The person shall have the right to confront and cross-
27 examine all witnesses and to present evidence in his own behalf.
28 (4) The hearing shall be public unless it is requested to be
29 private by the person or his counsel.
30 (5) A stenographic or other sufficient record shall be made,
19750S1025B1601 - 23 -
1 which shall be impounded by the court and may be obtained or
2 examined only upon the request of the person or his counsel or
3 by order of the court on good cause shown.
4 (6) The hearing shall be conducted by a judge or by a mental
5 health review officer and may be held at a location other than a
6 courthouse when doing so appears to be in the best interest of
7 the person.
8 (7) A decision shall be rendered within 48 hours after the
9 close of evidence.
10 (f) Determination and Order. Upon a finding by clear and
11 convincing evidence that the person is severely mentally
12 disabled and in need of treatment and subject to section 304(a),
13 an order shall be entered directing treatment of the person in
14 an approved facility as an inpatient or an outpatient. Inpatient
15 treatment shall be deemed appropriate only after full
16 consideration has been given to less restrictive alternatives.
17 Investigation of treatment alternatives shall include
18 consideration of the person's relationship to his community and
19 family, his employment possibilities, all available community
20 resources, and guardianship services. An order for inpatient
21 treatment shall include findings on this issue.
22 (g) Duration of Court-ordered Involuntary Treatment. (1) A
23 person may be made subject to court-ordered involuntary
24 treatment under this section for a period not to exceed 90 days,
25 excepting only that:
26 Persons may be made subject to court-ordered involuntary
27 treatment under this section for a period not to exceed one year
28 if:
29 (i) severe mental disability is based on acts giving
30 rise to the following charges under the Pennsylvania Crimes
19750S1025B1601 - 24 -
1 Code: murder (§2502); voluntary manslaughter (§2503);
2 aggravated assault (§2702); kidnapping (§2901); rape
3 (§3121(1) and (2)); involuntary deviate sexual intercourse
4 (§3123(1) and (2)); and
5 (ii) a finding of incompetency to be tried or a
6 verdict of acquittal because of lack of criminal
7 responsibility has been entered.
8 (2) If at any time the director of a facility concludes that
9 the person is not severely mentally disabled or in need of
10 treatment pursuant to subsection (a), he shall discharge the
11 person.
12 Section 305. Additional Periods of Court-ordered Involuntary
13 Treatment.--At the expiration of a period of court-ordered
14 involuntary treatment under section 304(g), the court may order
15 treatment for an additional period upon the application of the
16 county administrator or the director of the facility in which
17 the person is receiving treatment. Such order shall be entered
18 upon hearing on findings as required by sections 304(a) and (b),
19 and the further finding of a need for continuing involuntary
20 treatment as shown by conduct during the person's most recent
21 period of court-ordered treatment. A person found dangerous to
22 himself under section 301(b)(2)(i),(ii) or (iii) shall be
23 subject to an additional period of involuntary full-time
24 inpatient treatment only if he has first been released to a less
25 restrictive alternative. This limitation shall not apply where,
26 upon application made by the county administrator or facility
27 director, it is determined by a judge or mental health review
28 officer that such release would not be in the person's best
29 interest.
30 Section 306. Transfer of Persons in Involuntary Treatment.--
19750S1025B1601 - 25 -
1 Person in involuntary treatment pursuant to this act may be
2 transferred to any approved facility. Whenever such transfer
3 will constitute a greater restraint, it shall not take place
4 unless, upon hearing, a judge or mental health review officer
5 finds it to be necessary and appropriate.
6 ARTICLE IV
7 Determinations Affecting Those Charged With Crime,
8 Or Under Sentence
9 Section 401. Examination and Treatment of a Person Charged
10 with Crime or Serving Sentence.--(a) Examination and treatment
11 to be pursuant to civil provisions. Whenever a person who is
12 charged with crime, or who is undergoing sentence, is or becomes
13 severely mentally disabled, proceedings may be instituted for
14 examination and treatment under the civil provisions of this act
15 in the same manner as if he were not so charged or sentenced.
16 Such proceedings, however, shall not affect the conditions of
17 security required by his criminal detention or incarceration.
18 (b) Status in Involuntary Treatment. Whenever a person who
19 is detained on criminal charges or is incarcerated is made
20 subject to inpatient examination or treatment, he shall be
21 transferred, for this purpose, to a mental health facility.
22 During such period, provisions for his security shall continue
23 to be enforced, unless in the interim a pretrial release is
24 effected, or the term of imprisonment expires or is terminated,
25 or it is otherwise ordered by the court having jurisdiction over
26 his criminal status. Upon discharge from treatment, a person who
27 is or remains subject to a detainer or sentence shall be
28 returned to the authority entitled to have him in custody. The
29 period of involuntary treatment shall be credited as time served
30 on account of any sentence to be imposed on pending charges or
19750S1025B1601 - 26 -
1 any unexpired term of imprisonment.
2 (c) Persons Subject to the Juvenile Act. As to any person
3 who is subject to a petition or who has been committed under the
4 Juvenile Act, the civil provisions of this act applicable to
5 children of his age shall apply to all proceedings for his
6 examination and treatment. If such a person is in detention or
7 is committed, the court having jurisdiction under the Juvenile
8 Act shall determine whether such security conditions shall
9 continue to be enforced during any period of involuntary
10 treatment and to whom the person should be released thereafter.
11 Section 402. Incompetence to Proceed on Criminal Charges and
12 Lack of Criminal Responsibility as Defense.--(a) Definition of
13 Incompetency. Whenever a person who has been charged with a
14 crime is found to be substantially unable to understand the
15 nature or object of the proceedings against him or to
16 participate and assist in his defense, he shall be deemed
17 incompetent to be tried, convicted or sentenced so long as such
18 incapacity continues.
19 (b) Application for Incompetency Examination. Application to
20 the court for an order directing an incompetency examination may
21 be presented by an attorney for the Commonwealth, a person
22 charged with a crime, his counsel, or the warden or other
23 official in charge of the institution or place in which he is
24 detained. A person charged with crime shall be represented
25 either by counsel of his selection or by court-appointed
26 counsel.
27 (c) Hearing; When Required. The court, either on application
28 or on its own motion, may order an incompetency examination at
29 any stage in the proceedings and may do so without a hearing
30 unless the examination is objected to by the person charged with
19750S1025B1601 - 27 -
1 a crime or by his counsel. In such event, an examination shall
2 be ordered only after determination upon a hearing that there is
3 a prima facie question of incompetency.
4 (d) Conduct of Examination; Report. When ordered by the
5 court, an incompetency examination shall take place under the
6 following conditions:
7 (1) It shall be conducted as an outpatient examination
8 unless an inpatient examination is, or has been, authorized
9 under another provision of this act.
10 (2) It shall be conducted by at least one psychiatrist and
11 shall relate both to competency to proceed and to criminal
12 responsibility for the crime charged.
13 (3) The person shall be entitled to have counsel present
14 with him and shall not be required to answer any questions or to
15 perform tests unless he has moved for or agreed to the
16 examination. Nothing said or done by such person during the
17 examination may be used as evidence against him in any criminal
18 proceedings on any issue other than that of his mental
19 condition.
20 (4) A report shall be submitted to the court and to counsel
21 and shall contain a description of the examination, which shall
22 include:
23 (i) diagnosis of the person's mental condition;
24 (ii) an opinion as to his capacity to understand the
25 nature and object of the criminal proceedings against him
26 and to assist in his defense;
27 (iii) an opinion as to his mental condition in
28 relation to the standards for criminal responsibility as
29 then provided by law if it appears that the facts
30 concerning his mental condition may also be relevant to
19750S1025B1601 - 28 -
1 the question of legal responsibility; and
2 (iv) when so requested, an opinion as to whether he
3 had the capacity to have a particular state of mind,
4 where such state of mind is a required element of the
5 criminal charge.
6 (e) Defendant's Expert. The court may allow a psychiatrist
7 retained by the defendant to witness and participate in the
8 examination. Whenever a defendant who is financially unable to
9 retain such expert has a substantial objection to the
10 conclusions reached by the court-appointed psychiatrist, the
11 court shall allow reasonable compensation for the employment of
12 a psychiatrist of his selection, which amount shall be
13 chargeable against the mental health and mental retardation
14 program of the locality.
15 (f) Time Limit on Determination. The determination of the
16 competency of a person who is detained under a criminal charge
17 shall be rendered by the court within 20 days after the receipt
18 of the report of examination unless the hearing was continued at
19 the person's request.
20 Section 403. Hearing and Determination of Incompetency to
21 Proceed; Stay of Proceedings; Dismissal of Charges.--(a)
22 Competency Determination and Burden of Proof. The moving party
23 shall have the burden of establishing incompetency to proceed by
24 clear and convincing evidence. The determination shall be made
25 by the court.
26 (b) Effect as Stay - Exception. A determination of
27 incompetency to proceed shall effect a stay of the prosecution
28 for so long as such incapacity persists, excepting that any
29 legal objections suitable for determination prior to trial and
30 without the personal participation of the person charged may be
19750S1025B1601 - 29 -
1 raised and decided in the interim.
2 (c) Defendant's Right to Counsel; Reexamination. A person
3 who is determined to be incompetent to proceed shall have a
4 continuing right to counsel so long as the criminal charges are
5 pending. Following such determination, the person charged shall
6 be reexamined not less than every 60 days by a psychiatrist
7 appointed by the court and a report of reexamination shall be
8 submitted to the court and to counsel.
9 (d) Effect on Criminal Detention. Whenever a person who has
10 been charged with a crime has been determined to be incompetent
11 to proceed, he shall not for that reason alone be denied
12 pretrial release. Nor shall he in any event be detained on the
13 criminal charge longer than the reasonable period of time
14 necessary to determine whether there is a substantial
15 probability that he will attain that capacity in the foreseeable
16 future. If the court determines there is no such probability, it
17 shall discharge the person. Otherwise, he may continue to be
18 criminally detained so long as such probability exists but in no
19 event longer than the period of time specified in subsection
20 403(f).
21 (e) Resumption of Proceedings or Dismissal. When the court,
22 on its own motion or upon the application of the attorney for
23 the Commonwealth or counsel for the defendant, determines that
24 such person has regained his competence to proceed, the
25 proceedings shall be resumed. If the court is of the opinion
26 that by reason of the passage of time and its effect upon the
27 criminal proceedings it would be unjust to resume the
28 prosecution, the court may dismiss the charge and order the
29 person discharged.
30 (f) Stay of Proceedings. In no instance shall the
19750S1025B1601 - 30 -
1 proceedings be stayed for a period in excess of the maximum
2 sentence that may be imposed for the crime or crimes charged, or
3 ten FIVE years, whichever is less. <--
4 Section 404. Hearing and Determination of Criminal
5 Responsibility; Bifurcated Trial.--(a) Criminal Responsibility
6 Determination by Court. At a hearing under section 403 of this
7 act the court may, in its discretion, also hear evidence on
8 whether the person was criminally responsible for the commission
9 of the crime charged. It shall do so in accordance with the
10 rules governing the consideration and determination of the same
11 issue at criminal trial. If the person is found to have lacked
12 criminal responsibility, an acquittal shall be entered. If the
13 person is not so acquitted, he may raise the defense at such
14 time as he may be tried.
15 (b) Opinion Evidence on Mental Condition. At a hearing under
16 section 403 or upon trial, a psychiatrist appointed by the
17 court may be called as a witness by the attorney for the
18 Commonwealth or by the defendant and each party may also summon
19 any other psychiatrist or other expert to testify.
20 (c) Bifurcation of Issues or Trial. Upon trial, the court,
21 in the interest of justice, may direct that the issue of
22 criminal responsibility be heard and determined separately from
23 the other issues in the case and, in a trial by jury, that the
24 issue of criminal responsibility be submitted to a separate
25 jury. Upon a request for bifurcation, the court shall consider
26 the substantiality of the defense of lack of responsibility and
27 its effect upon other defenses, and the probability of a fair
28 trial.
29 Section 405. Examination of Person Charged with Crime as Aid
30 in Sentencing.--Examination Before Imposition of Sentence.
19750S1025B1601 - 31 -
1 Whenever a person who has been criminally charged is to be
2 sentenced, the court may defer sentence and order him to be
3 examined for mental illness to aid it in the determination of
4 disposition. This action may be taken on the court's initiative
5 or on the application of the attorney for the Commonwealth, the
6 person charged, his counsel, or any other person acting in his
7 interest. If at the time of sentencing the person is not in
8 detention, examination shall be on an outpatient basis unless
9 inpatient examination for this purpose is ordered pursuant to
10 the civil commitment provisions of Article III.
11 Section 406. Civil Procedure for Court-ordered Involuntary
12 Treatment Following a Determination of Incompetency, or
13 Acquittal by Reason of Lack of Criminal Responsibility or in
14 Conjunction with Sentencing.--Upon a finding of incompetency to
15 stand trial under section 403, after an acquittal by reason of
16 lack of responsibility under section 404, or following an
17 examination in aid of sentencing under section 405, the attorney
18 for the Commonwealth, on his own or acting at the direction of
19 the court, the defendant, his counsel, the county administrator,
20 or any other interested party may petition the same court for an
21 order directing involuntary treatment under section 304.
22 ARTICLE V
23 Effective Date, and Applicability, <--
24 REPEALS AND SEVERABILITY <--
25 Section 501. Effective Date and Applicability.--This act
26 shall take effect 60 days after its enactment and shall
27 thereupon apply immediately to all persons receiving voluntary
28 treatment. As to all persons who were made subject to
29 involuntary treatment prior to the effective date, it shall
30 become applicable 180 days thereafter.
19750S1025B1601 - 32 -
1 SECTION 502. REPEALS.--THE DEFINITION OF "MENTAL DISABILITY" <--
2 IN SECTION 102, AND SECTIONS 401, 402, 403, 404, 405, 406, 407,
3 408, 409, 410, 411, 412, 413, 416, 418, 419 AND 420, ACT OF
4 OCTOBER 20, 1966 (3RD SP.SESS., P.L.96, NO.6), KNOWN AS THE
5 "MENTAL HEALTH AND MENTAL RETARDATION ACT OF 1966," ARE HEREBY
6 REPEALED, EXCEPT IN SO FAR AS THEY RELATE TO MENTAL RETARDATION
7 OR TO PERSONS WHO ARE MENTALLY RETARDED.
8 SECTION 503. SEVERABILITY.--IF ANY PROVISION OF THIS ACT
9 INCLUDING, BUT NOT LIMITED TO, ANY PROVISION RELATING TO
10 CHILDREN OR THE APPLICATION THEREOF INCLUDING BUT NOT LIMITED TO
11 AN APPLICATION THEREOF TO A CHILD IS HELD INVALID, SUCH
12 INVALIDITY SHALL NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF
13 THE ACT WHICH CAN BE GIVEN EFFECT WITHOUT THE INVALID PROVISIONS
14 OR APPLICATION AND TO THIS END THE PROVISIONS OF THIS ACT ARE
15 DECLARED SEVERABLE.
H14L31JKD/19750S1025B1601 - 33 -