PRINTER'S NO. 433
No. 395 Session of 1977
INTRODUCED BY McCLATCHY, KELLY, NOYE, KLINGAMAN, E. Z. TAYLOR,
HELFRICK, McLANE, LINCOLN, O'KEEFE, BURNS, ZEARFOSS,
BITTLE, SALVATORE, POLITE, PYLES, CIMINI, HOPKINS, O'CONNELL,
KUSSE, SELTZER, CESSAR, VROON, HASKELL, KNEPPER, GALLEN,
FISHER, ZORD AND W. D. HUTCHINSON, MARCH 1, 1977
REFERRED TO COMMITTEE ON HEALTH AND WELFARE, MARCH 1, 1977
AN ACT
1 Amending the act of July 9, 1976 (No.143), entitled "An act
2 relating to mental health procedures; providing for the
3 treatment and rights of mentally disabled persons, for
4 voluntary and involuntary examination and treatment and for
5 determinations affecting those charged with crime or under
6 sentence," changing certain procedures relating to persons
7 subject to commitment.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Subsection (b) of section 110, act of July 9,
11 1976 (No.143), known as the "Mental Health Procedures Act," is
12 amended to read:
13 Section 110. Written Applications, Petitions, Statements and
14 Certifications.--* * *
15 (b) All such applications, petitions, statements and
16 certifications shall be [filed with] made available to the
17 county administrator in the county where the person was made
18 subject to examination and treatment and such other county in
19 the Commonwealth, if any, in which the person usually resides.
1 Section 2. The act is amended by adding a section to read:
2 Section 116. Financial Status of Services.--For the purposes
3 of financial responsibility, all authorized services under this
4 act are deemed to be part of the a county's program as
5 authorized by section 509(1) of the act of October 20, 1966 (3rd
6 Sp.Sess., P.L.96, No.6), known as the "Mental Health and Mental
7 Retardation Act of 1966," and if such are reimbursable by the
8 State, from State and Federal moneys in the amount of 90% of the
9 excess of all such approved expenditures.
10 Section 3. Section 301 of the act is amended to read:
11 Section 301. Persons Who May be Subject to Involuntary
12 Emergency Examination and Treatment.--(a) Persons Subject.--
13 Whenever a person is [severely] mentally disabled and in need of
14 immediate treatment, he may be made subject to involuntary
15 emergency examination and treatment. A person is [severely]
16 mentally disabled when, as a result of mental illness, his
17 capacity to exercise self-control, judgment and discretion in
18 the conduct of his affairs and social relations or to care for
19 his own personal needs is so lessened that he poses a [clear and
20 present] danger of harm to others or to himself.
21 (b) Determination of [Clear and Present] Danger.--(1) [Clear
22 and present danger] Danger to others shall be shown by
23 establishing that within the past [30] 45 days the person has
24 inflicted or attempted to inflict [serious] bodily harm on
25 another and that there is a [reasonable] probability that such
26 conduct [will] may be repeated. If, however, the person has been
27 found incompetent to be tried or has been acquitted by reason of
28 lack of criminal responsibility on charges arising from conduct
29 involving infliction of or attempt to inflict [substantial]
30 bodily harm on another, such [30-day] 45-day limitation shall
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1 not apply so long as an application for examination and
2 treatment is filed within [30] 45 days after the date of such
3 determination or verdict. In such case, a [clear and present]
4 danger to others may be shown by establishing that the conduct
5 charged in the criminal proceeding did occur, and that there is
6 a [reasonable] probability that such conduct [will] may be
7 repeated.
8 (2) [Clear and present danger] Danger to himself shall be
9 shown by establishing that within the past [30] 45 days:
10 (i) the person has acted in such manner as to evidence that
11 he would be unable, without care, supervision and the continued
12 assistance of others, to satisfy his need for nourishment,
13 personal or medical care, shelter, or self-protection and
14 safety, and that there is a [reasonable] probability that death,
15 [serious] bodily injury or [serious] physical debilitation would
16 ensue within [30] 45 days unless adequate treatment were
17 afforded under this act; or
18 (ii) the person has attempted suicide and that there is the
19 [reasonable] probability of suicide unless adequate treatment is
20 afforded under this act; or
21 (iii) the person has [severely] mutilated himself or
22 attempted to mutilate himself [severely] and that there is the
23 [reasonable] probability of mutilation unless adequate treatment
24 is afforded under this act.
25 Section 4. Subsection (a), (b) and (d) of section 302 of the
26 act are amended to read:
27 Section 302. Involuntary Emergency Examination and Treatment
28 Authorized by a Physician - Not to Exceed Seventy-two Hours.--
29 (a) Application for Examination.--Emergency examination may be
30 undertaken at a treatment facility upon the certification of a
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1 physician stating the need for such examination; or upon a
2 warrant issued by the county administrator authorizing such
3 examination; or without a warrant upon application by a
4 physician or other authorized person who has personally observed
5 conduct showing the need for such examination.
6 (1) Warrant for Emergency Examination.--Upon written
7 application by a physician or other responsible party setting
8 forth facts constituting reasonable grounds to believe a person
9 is [severely] mentally disabled and in need of immediate
10 treatment, the county administrator may issue a warrant
11 requiring a person authorized by him, or any peace officer, to
12 take such person to the facility specified in the warrant.
13 (2) Emergency Examination Without a Warrant.--Upon personal
14 observation of the conduct of a person constituting [reasonable]
15 grounds to believe that he is [severely] mentally disabled and
16 in need of immediate treatment, any physician or peace officer,
17 or anyone authorized by the county administrator may take such
18 person to an approved facility for an emergency examination.
19 Upon arrival, he shall make a written statement setting forth
20 the grounds for believing the person to be in need of such
21 examination.
22 (b) Examination and Determination of Need for Emergency
23 Treatment.--A person taken to a facility shall be examined by a
24 physician within two hours of arrival in order to determine if
25 the person is [severely] mentally disabled within the meaning of
26 section 301 and in need of immediate treatment. If it is
27 determined that the person is [severely] mentally disabled and
28 in need of emergency treatment, treatment shall be begun
29 immediately. If the physician does not so find, or if at any
30 time it appears there is no longer a need for immediate
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1 treatment, the person shall be discharged and returned to such
2 place as he may reasonably direct. The physician shall make a
3 record of the examination and his findings. In no event shall a
4 person be accepted for involuntary emergency treatment if a
5 previous application was granted for such treatment and the new
6 application is not based on behavior occurring after the earlier
7 application.
8 * * *
9 (d) Duration of Emergency Examination and Treatment.--(1) A
10 person who is in treatment pursuant to this section shall be
11 discharged whenever it is determined that he no longer is in
12 need of treatment and in any event within 72 hours, unless
13 within such period:
14 [(1)] (i) he is admitted to voluntary treatment pursuant to
15 section 202 of this act; or
16 [(2)] (ii) a certification for extended involuntary
17 emergency treatment is filed pursuant to section 303 of this
18 act.
19 (2) For the purposes of this section, the 72 hour time limit
20 shall not include any part of any day that is designated a legal
21 holiday under the laws of the Commonwealth or of the United
22 States.
23 Section 5. Subsection (b), (c) and (h) of section 303 of the
24 act are amended to read:
25 Section 303. Extended Involuntary Emergency Treatment
26 Certified by a Judge or Mental Health Review Officer - Not to
27 Exceed Twenty Days.--* * *
28 (b) Appointment of Counsel and Scheduling of Informal
29 Hearing.--Upon receiving such application, the court of common
30 pleas shall appoint an attorney who shall represent the person
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1 unless it shall appear that the person can afford, and desires
2 to have, private representation. Within 24 hours after the
3 application is filed, an informal hearing shall be conducted by
4 a judge or by a mental health review officer and, [if
5 practicable,] shall be held at the facility.
6 (c) Informal Hearing on Extended Emergency Treatment
7 Application.--(1) At the commencement of the informal hearing,
8 the judge or the mental health review officer shall inform the
9 person of the nature of the proceedings. Information relevant to
10 whether the person is [severely] mentally disabled and in need
11 of emergency treatment shall be reviewed, including the reasons
12 that continued involuntary treatment is considered necessary.
13 Such explanation shall be made by a physician who examined the
14 person and shall be in terms understandable to a layman. The
15 person or his representative shall have the right to ask
16 questions of the physician and of any other witnesses and to
17 present any relevant information. At the conclusion of the
18 review, if the judge or the review officer finds that the person
19 is [severely] mentally disabled and in need of continued
20 involuntary treatment, he shall so certify. Otherwise, he shall
21 direct that the facility director or his designee discharge the
22 person.
23 (2) A stenographic or other sufficient record of the
24 proceedings shall be made. Such record shall be kept by the
25 court or mental health review officer for at least one year.
26 (3) The judge or review officer shall not be bound by the
27 common law or statutory rules of evidence.
28 * * *
29 (h) Duration of Extended Involuntary Emergency Treatment.--
30 Whenever a person is no longer [severely] mentally disabled or
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1 in need of immediate treatment and, in any event, within 20 days
2 after the filing of the certification, he shall be discharged,
3 unless within such period:
4 (1) he is admitted to voluntary treatment pursuant to
5 section 202; or
6 (2) the court orders involuntary treatment pursuant to
7 section 304.
8 Section 6. Subsections (a), (b), (e), (f) and (g) of section
9 304 of the act are amended to read:
10 Section 304. Court-ordered Involuntary Treatment Not to
11 Exceed Ninety Days.--(a) Persons for Whom Application May be
12 Made.--(1) A person who is [severely] mentally disabled and in
13 need of treatment, as defined in section 301(a), may be made
14 subject to court-ordered involuntary treatment upon a
15 determination of [clear and present] danger under section
16 301(b)(1) ([serious] bodily harm to others), or section
17 301(b)(2)(i) (inability to care for himself, creating a danger
18 of death or [serious] harm to himself), or 301(b)(2)(ii)
19 (attempted suicide), or 301(b)(2)(iii) (self-mutilation).
20 (2) Where a petition is filed for a person already subject
21 to involuntary treatment, it shall be sufficient to represent,
22 and upon hearing to reestablish, that the conduct originally
23 required by section 301 in fact occurred, and that his condition
24 continues to evidence a [clear and present] danger to himself or
25 others. In such event, it shall not be necessary to show the
26 reoccurrence of dangerous conduct, either harmful or
27 debilitating, within the past 30 days.
28 (b) Procedures for Initiating Court-ordered Involuntary
29 Treatment for Persons Already Subject to Involuntary
30 Treatment.--(1) Petition for court-ordered involuntary
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1 treatment for persons already subject to treatment under
2 sections 303 and 305 may be made by the county administrator to
3 the court of common pleas.
4 (2) The petition shall be in writing upon a form adopted by
5 the department and shall include a statement of the facts
6 constituting reasonable grounds to believe that the person is
7 [severely] mentally disabled and in need of treatment. The
8 petition shall state the name of any examining physician and the
9 substance of his opinion regarding the mental condition of the
10 person. It shall also state that the person has been given the
11 information required by subsection (b)(3) and shall include
12 copies of all documents relating to examination and treatment of
13 the person which are required under this act.
14 (3) Upon the filing of the petition the county administrator
15 shall serve a copy on the person, his attorney, and those
16 designated to be kept informed, as provided in section 302(c),
17 including an explanation of the nature of the proceedings, the
18 person's right to an attorney and the services of an expert in
19 the field of mental health, as provided by subsection (d).
20 (4) A hearing on the petition shall be held in all cases,
21 not more than five days after the filing of the petition.
22 (5) Treatment shall be permitted to be maintained pending
23 the determination of the petition.
24 * * *
25 (e) Hearings on Petition for Court-ordered Involuntary
26 Treatment.--A hearing on a petition for court-ordered
27 involuntary treatment shall be conducted according to the
28 following:
29 (1) The person shall have the right to counsel and to the
30 assistance of an expert in mental health.
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1 (2) The person shall not be called as a witness without his
2 consent.
3 (3) The person shall have the right to confront and cross-
4 examine all witnesses and to present evidence in his own behalf.
5 (4) The hearing shall be public unless it is requested to be
6 private by the person or his counsel.
7 (5) A stenographic or other sufficient record shall be made,
8 which shall be impounded by the court and may be obtained or
9 examined only upon the request of the person or his counsel or
10 by order of the court on good cause shown.
11 (6) The hearing shall be conducted by a judge or by a mental
12 health review officer and may be held at a location other than a
13 courthouse when doing so appears to be in the best interest of
14 the person.
15 (7) A decision shall be rendered within 48 hours after the
16 close of evidence.
17 (8) The judge or review officer shall not be bound by the
18 common law or statutory rules of evidence.
19 (f) Determination and Order.--Upon a finding [by clear and
20 convincing evidence] that the person is [severely] mentally
21 disabled and in need of treatment and subject to subsection (a),
22 an order shall be entered directing treatment of the person in
23 an approved facility as an inpatient or an outpatient. Inpatient
24 treatment shall be deemed appropriate only after full
25 consideration has been given to less restrictive alternatives.
26 Investigation of treatment alternatives shall include
27 consideration of the person's relationship to his community and
28 family, his employment possibilities, all available community
29 resources, and guardianship services. An order for inpatient
30 treatment shall include findings on this issue.
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1 (g) Duration of Court-ordered Involuntary Treatment.--(1) A
2 person may be made subject to court-ordered involuntary
3 treatment under this section for a period not to exceed 90 days,
4 excepting only that: Persons may be made subject to court-
5 ordered involuntary treatment under this section for a period
6 not to exceed one year if:
7 (i) [severe] mental disability is based on acts giving rise
8 to the following charges under the Pennsylvania Crimes Code:
9 murder (§ 2502); voluntary manslaughter (§ 2503); aggravated
10 assault (§ 2702); kidnapping (§ 2901); rape (§ 3121(1) and (2));
11 involuntary deviate sexual intercourse (§ 3123(1) and (2)); and
12 (ii) a finding of incompetency to be tried or a verdict of
13 acquittal because of lack of criminal responsibility has been
14 entered.
15 (2) If at any time the director of a facility concludes that
16 the person is not [severely] mentally disabled [or] and in need
17 of treatment pursuant to subsection (a), he shall discharge the
18 person.
19 Section 7. This act shall take effect immediately and shall
20 apply to all commitment proceedings initiated on and after the
21 effective date.
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