PRIOR PRINTER'S NOS. 1307, 1468, 1566 PRINTER'S NO. 1580
No. 1105 Session of 1977
INTRODUCED BY COPPERSMITH AND DOUGHERTY, SEPTEMBER 27, 1977
AS AMENDED ON THIRD CONSIDERATION, JANUARY 31, 1978
AN ACT 1 Amending the act of July 9, 1976 (P.L.817, No.143), entitled "An 2 act 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," further providing for mental health review 7 officers, for the use of statistical data, for immunity and 8 for involuntary treatment; FOR DETERMINATION OF CLEAR AND <-- 9 PRESENT DANGER and providing for a return to inpatient 10 status, for a stay of proceedings of a person charged with a 11 crime and for voluntary treatment of a person charged with a 12 crime or serving a sentence. 13 The General Assembly of the Commonwealth of Pennsylvania 14 hereby enacts as follows: 15 Section 1. Sections 102, 109, 110, 114, 201 and 206, 16 SUBSECTION (B) OF SECTION 301, subsection (d) of section 302, <-- 17 subsections (a) and (c) of section 303 and sections 304 and 305, 18 act of July 9, 1976 (P.L.817, No.143), known as the "Mental 19 Health Procedures Act," are amended to read: 20 Section 102. Statement of Policy.--It is the policy of the 21 Commonwealth of Pennsylvania to seek to assure the availability 22 of adequate treatment to persons who are mentally ill, and it is 23 the purpose of this act to establish procedures whereby this
1 policy can be effected. Treatment on a voluntary basis shall be 2 preferred to involuntary treatment; and in every case, the least 3 restrictions consistent with adequate treatment shall be 4 employed. Persons who are mentally retarded, senile, alcoholic, 5 or drug dependent shall receive mental health treatment only if 6 they are also diagnosed as mentally ill, but these conditions of 7 themselves shall not be deemed to constitute mental illness. 8 Chronically disabled persons 70 years of age or older who have 9 been continuously hospitalized in a State operated facility for 10 at least ten years shall not be subject to the procedures of 11 this act. Such a person's inability to give a rational, informed 12 consent shall not prohibit the department from continuing to 13 provide all necessary treatment to such a person. However, if 14 such a person protests treatment or residence at a State 15 operated facility he shall be subject to the provisions of 16 Article III. 17 Section 109. Mental Health Review Officer.--(a) Legal 18 proceedings concerning extended involuntary emergency treatment 19 under section 303(c), [or] court-ordered involuntary treatment 20 under section 304 or 305 or transfer hearings under section 306, 21 may be conducted by a judge of the court of common pleas or by a 22 mental health review officer authorized by the court to conduct 23 the proceedings. Mental health review officers shall be members 24 of the bar of the Supreme Court of Pennsylvania, without 25 restriction as to the county of their residence and where 26 possible should be familiar with the field of mental health. 27 They shall be appointed by the respective courts of common pleas 28 for terms not to exceed one year, and may be reappointed to 29 successive terms. Law-trained municipal court judges may be 30 appointed mental health review officers. 19770S1105B1580 - 2 -
1 (b) In all cases in which the hearing is conducted by a 2 mental health review officer, a person made subject to treatment 3 shall have the right to petition the court of common pleas for 4 review of the certification. A hearing shall be held within 72 5 hours after the petition is filed unless a continuance is 6 requested by the person's counsel. The hearing shall include a 7 review of the certification and such evidence as the court may 8 receive or require. If the court determines that further 9 involuntary treatment is necessary and that the procedures 10 prescribed by this act have been followed, it shall deny the 11 petition. Otherwise, the person shall be discharged. 12 (c) Notwithstanding any other provision of this act, no 13 judge or mental health review officer shall specify to the 14 treatment team the adoption of any treatment technique, 15 modality, or drug therapy. 16 Section 110. Written Applications, Petitions, Statements and 17 Certifications.--(a) All written statements pursuant to section 18 302(a)(2), and all applications, petitions, and certifications 19 required under the provisions of this act shall be made subject 20 to the penalties provided under 18 Pa.C.S. § 4904 (relating to 21 unsworn falsification to authorities) and shall contain a notice 22 to that effect. 23 (b) All such applications, petitions, statements and 24 certifications shall be filed with the county administrator in 25 the county where the person was made subject to examination and 26 treatment and such other county in the Commonwealth, if any, in 27 which the person usually resides. 28 (c) Subsections (a) and (b) shall not apply to patients 29 admitted pursuant to Article II when no part of the patient's 30 care is provided with public funds provided that the department 19770S1105B1580 - 3 -
1 may require facilities to report clinical and statistical 2 information so long as the data does not identify individual 3 patients. 4 (d) No public official acting in an official capacity shall 5 be required to pay the court of common pleas any filing fee 6 which in the absence of this provision would be required upon 7 the filing of a petition for involuntary treatment under this 8 act. 9 Section 114. Immunity from Civil and Criminal Liability.-- 10 (a) In the absence of willful misconduct or gross negligence, a 11 county administrator, a director of a facility, a physician, a 12 peace officer or any other authorized person who participates in 13 a decision that a person be examined or treated under this act, 14 or that a person be discharged, or placed under partial 15 hospitalization, outpatient care or leave of absence, or that 16 the restraint upon such person be otherwise reduced, or a county 17 administrator or other authorized person who denies an 18 application for voluntary treatment or for involuntary emergency 19 examination and treatment, shall not be civilly or criminally 20 liable for such decision or for any of its consequences. 21 (b) A judge or a mental health review officer shall not be 22 civilly or criminally liable for any actions taken or decisions 23 made by him pursuant to the authority conferred by this act. 24 Section 201. Persons Who May Authorize Voluntary 25 Treatment.--Any person 14 years of age or over who believes that 26 he is in need of treatment and substantially understands the 27 nature of voluntary [commitment] treatment may submit himself to 28 examination and treatment under this act, provided that the 29 decision to do so is made voluntarily. A parent, guardian, or 30 person standing in loco parentis to a child less than 14 years 19770S1105B1580 - 4 -
1 of age may subject such child to examination and treatment under 2 this act, and in so doing shall be deemed to be acting for the 3 child. Except as otherwise authorized in this act, all of the 4 provisions of this act governing examination and treatment shall 5 apply. 6 Section 206. Withdrawal from Voluntary Inpatient 7 Treatment.--(a) A person in voluntary inpatient treatment may 8 withdraw at any time by giving written notice unless, as stated 9 in section 203, he has agreed in writing at the time of his 10 admission that his release can be delayed following such notice 11 for a period to be specified in the agreement, provided that 12 such period shall not exceed 72 hours. Any patient converted 13 from involuntary treatment ordered pursuant to either section 14 304 or 305 to voluntary treatment status shall agree to remain 15 in treatment for 72 hours after having given written notice of 16 his intent to withdraw from treatment. 17 (b) If the person is under the age of 14, his parent, legal 18 guardian, or person standing in loco parentis may effect his 19 release. If any responsible party believes that it would be in 20 the best interest of a person under 14 years of age in voluntary 21 treatment to be withdrawn therefrom or afforded treatment 22 constituting a less restrictive alternative, such party may file 23 a petition in the Juvenile Division of the court of common pleas 24 for the county in which the person under 14 years of age 25 resides, requesting a withdrawal from or modification of 26 treatment. The court shall promptly appoint an attorney for such 27 minor person and schedule a hearing to determine what inpatient 28 treatment, if any, is in the minor's best interest. The hearing 29 shall be held within ten days of receipt of the petition, unless 30 continued upon the request of the attorney for such minor. The 19770S1105B1580 - 5 -
1 hearing shall be conducted in accordance with the rules
2 governing other Juvenile Court proceedings.
3 (c) Nothing in this act shall be construed to require a
4 facility to continue inpatient treatment where the director of
5 the facility determines such treatment is not medically
6 indicated. Any dispute between a facility and a county
7 administrator as to the medical necessity for voluntary
8 inpatient treatment of a person shall be decided by the
9 Commissioner of Mental Health or his designate.
10 SECTION 301. PERSONS WHO MAY BE SUBJECT TO INVOLUNTARY <--
11 EMERGENCY EXAMINATION AND TREATMENT.--* * *
12 (B) DETERMINATION OF CLEAR AND PRESENT DANGER.--(1) CLEAR
13 AND PRESENT DANGER TO OTHERS SHALL BE SHOWN BY ESTABLISHING THAT
14 WITHIN THE PAST 30 DAYS THE PERSON HAS INFLICTED, [OR] ATTEMPTED
15 TO INFLICT, OR IS LIKELY TO INFLICT SERIOUS BODILY HARM ON
16 ANOTHER AND THAT THERE IS A REASONABLE PROBABILITY THAT SUCH
17 CONDUCT WILL BE REPEATED. IF, HOWEVER, THE PERSON HAS BEEN FOUND
18 INCOMPETENT TO BE TRIED OR HAS BEEN ACQUITTED BY REASON OF LACK
19 OF CRIMINAL RESPONSIBILITY ON CHARGES ARISING FROM CONDUCT
20 INVOLVING INFLICTION OF OR ATTEMPT TO INFLICT SUBSTANTIAL BODILY
21 HARM ON ANOTHER, SUCH 30-DAY LIMITATION SHALL NOT APPLY SO LONG
22 AS AN APPLICATION FOR EXAMINATION AND TREATMENT IS FILED WITHIN
23 30 DAYS AFTER THE DATE OF SUCH DETERMINATION OR VERDICT. IN SUCH
24 CASE, A CLEAR AND PRESENT DANGER TO OTHERS MAY BE SHOWN BY
25 ESTABLISHING THAT THE CONDUCT CHARGED IN THE CRIMINAL PROCEEDING
26 DID OCCUR, AND THAT THERE IS A REASONABLE PROBABILITY THAT SUCH
27 CONDUCT WILL BE REPEATED.
28 (2) CLEAR AND PRESENT DANGER TO HIMSELF SHALL BE SHOWN BY
29 ESTABLISHING THAT WITHIN THE PAST 30 DAYS:
30 (I) THE PERSON HAS ACTED IN SUCH MANNER AS TO EVIDENCE THAT
19770S1105B1580 - 6 -
1 HE WOULD BE UNABLE, WITHOUT CARE, SUPERVISION AND THE CONTINUED 2 ASSISTANCE OF OTHERS, TO SATISFY HIS NEED FOR NOURISHMENT, 3 PERSONAL OR MEDICAL CARE, SHELTER, OR SELF-PROTECTION AND 4 SAFETY, AND THAT THERE IS A REASONABLE PROBABILITY THAT DEATH, 5 SERIOUS BODILY INJURY OR SERIOUS PHYSICAL DEBILITATION WOULD 6 ENSUE WITHIN 30 DAYS UNLESS ADEQUATE TREATMENT WERE AFFORDED 7 UNDER THIS ACT; OR 8 (II) THE PERSON HAS ATTEMPTED SUICIDE AND THAT THERE IS THE 9 REASONABLE PROBABILITY OF SUICIDE UNLESS ADEQUATE TREATMENT IS 10 AFFORDED UNDER THIS ACT; 11 (III) THE PERSON HAS SEVERELY MUTILATED HIMSELF OR ATTEMPTED 12 TO MUTILATE HIMSELF SEVERELY AND THAT THERE IS THE REASONABLE 13 PROBABILITY OF MUTILATION UNLESS ADEQUATE TREATMENT IS AFFORDED 14 UNDER THIS ACT. 15 Section 302. Involuntary Emergency Examination and Treatment 16 Authorized by a Physician - Not to Exceed [Seventy-two Hours] 17 One Hundred Twenty Hours.-- * * * 18 (d) Duration of Emergency Examination and Treatment.--A 19 person who is in treatment pursuant to this section shall be 20 discharged whenever it is determined that he no longer is in 21 need of treatment and in any event within [72 hours,] 120 hours, 22 unless within such period: 23 (1) he is admitted to voluntary treatment pursuant to 24 section 202 of this act; or 25 (2) a certification for extended involuntary emergency 26 treatment is filed pursuant to section 303 of this act. 27 Section 303. Extended Involuntary Emergency Treatment 28 Certified by a Judge or Mental Health Review Officer - Not to 29 Exceed Twenty Days.--(a) Persons Subject to Extended 30 Involuntary Emergency Treatment.--Application for extended 19770S1105B1580 - 7 -
1 involuntary emergency treatment may be made for any person who 2 is being treated pursuant to section 302 whenever the facility 3 determines that the need for emergency treatment is likely to 4 extend beyond [72] 120 hours. The application shall be filed 5 forthwith in the court of common pleas, and shall state the 6 grounds on which extended emergency treatment is believed to be 7 necessary. The application shall state the name of any examining 8 physician and the substance of his opinion regarding the mental 9 condition of the person. 10 * * * 11 (c) Informal [Hearing] Conference on Extended Emergency 12 Treatment Application.--(1) At the commencement of the informal 13 [hearing] conference, the judge or the mental health review 14 officer shall inform the person of the nature of the 15 proceedings. Information relevant to whether the person is 16 severely mentally disabled and in need of treatment shall be 17 reviewed, including the reasons that continued involuntary 18 treatment is considered necessary. Such explanation shall be 19 made by a physician who examined the person and shall be in 20 terms understandable to a layman. The judge or mental health 21 review officer may review any relevant information even if it 22 would be normally excluded under rules of evidence if he 23 believes that such information is reliable. The person or his 24 representative shall have the right to ask questions of the 25 physician and of any other witnesses and to present any relevant 26 information. At the conclusion of the review, if the judge or 27 the review officer finds that the person is severely mentally 28 disabled and in need of continued involuntary treatment, he 29 shall so certify. Otherwise, he shall direct that the facility 30 director or his designee discharge the person. 19770S1105B1580 - 8 -
1 (2) A [stenographic or other sufficient] record of the 2 proceedings which need not be a stenographic record shall be 3 made. Such record shall be kept by the court or mental health 4 review officer for at least one year. 5 * * * 6 Section 304. Court-ordered Involuntary Treatment Not to 7 Exceed Ninety Days.--(a) Persons for Whom Application May be 8 Made.--(1) A person who is severely mentally disabled and in 9 need of treatment, as defined in section 301(a), may be made 10 subject to court-ordered involuntary treatment upon a 11 determination of clear and present danger under section 12 301(b)(1) (serious bodily harm to others), or section 13 301(b)(2)(i) (inability to care for himself, creating a danger 14 of death or serious harm to himself), or 301(b)(2)(ii) 15 (attempted suicide), or 301(b)(2)(iii) (self-mutilation). 16 (2) Where a petition is filed for a person already subject 17 to involuntary treatment, it shall be sufficient to represent, 18 and upon hearing to reestablish, that the conduct originally 19 required by section 301 in fact occurred, and that his condition 20 continues to evidence a clear and present danger to himself or 21 others. In such event, it shall not be necessary to show the 22 reoccurrence of dangerous conduct, either harmful or 23 debilitating, within the past 30 days. 24 (b) Procedures for Initiating Court-ordered Involuntary 25 Treatment for Persons Already Subject to Involuntary 26 Treatment.--(1) Petition for court-ordered involuntary 27 treatment for persons already subject to treatment under 28 sections 303, 304 and 305 may be made by the county 29 administrator or the director of the facility to the court of 30 common pleas. 19770S1105B1580 - 9 -
1 (2) The petition shall be in writing upon a form adopted by 2 the department and shall include a statement of the facts 3 constituting reasonable grounds to believe that the person is 4 severely mentally disabled and in need of treatment. The 5 petition shall state the name of any examining physician and the 6 substance of his opinion regarding the mental condition of the 7 person. It shall also state that the person has been given the 8 information required by subsection (b)(3). [and shall include 9 copies of all documents relating to examination and treatment of 10 the person which are required under this act.] 11 (3) Upon the filing of the petition the county administrator 12 shall serve a copy on the person, his attorney, and those 13 designated to be kept informed, as provided in section 302(c), 14 including an explanation of the nature of the proceedings, the 15 person's right to an attorney and the services of an expert in 16 the field of mental health, as provided by subsection (d). 17 (4) A hearing on the petition shall be held in all cases, 18 not more than five days after the filing of the petition. 19 (5) Treatment shall be permitted to be maintained pending 20 the determination of the petition. 21 (c) Procedures for Initiating Court-ordered Involuntary 22 Treatment for Persons not in Involuntary Treatment.--(1) Any 23 responsible party may file a petition in the court of common 24 pleas requesting court-ordered involuntary treatment for any 25 person not already in involuntary treatment for whom application 26 could be made under subsection (a). 27 (2) The petition shall be in writing upon a form adopted by 28 the department and shall set forth facts constituting reasonable 29 grounds to believe that the person is within the criteria for 30 court-ordered treatment set forth in subsection (a). The 19770S1105B1580 - 10 -
1 petition shall state the name of any examining physician and the 2 substance of his opinion regarding the mental condition of the 3 person. 4 (3) Upon a determination that the petition sets forth such 5 reasonable cause, the court shall appoint an attorney to 6 represent the person and set a date for the hearing as soon as 7 practicable. The attorney shall represent the person unless it 8 shall appear that he can afford, and desires to have, private 9 representation. 10 (4) The court, by summons, shall direct the person to appear 11 for a hearing. The court may issue a warrant directing a person 12 authorized by the county administrator or a peace officer to 13 bring such person before the court at the time of the hearing if 14 there are reasonable grounds to believe that the person will not 15 appear voluntarily. A copy of the petition shall be served on 16 such person at least three days before the hearing together with 17 a notice advising him that an attorney has been appointed who 18 shall represent him unless he obtains an attorney himself, that 19 he has a right to be assisted in the proceedings by an expert in 20 the field of mental health, and that he may request or be made 21 subject to psychiatric examination under subsection (c)(5). 22 (5) Upon motion of either the petitioner or the person, or 23 upon its own motion, the court may order the person to be 24 examined by a psychiatrist appointed by the court. Such 25 examination shall be conducted on an outpatient basis, and the 26 person shall have the right to have counsel present. A report of 27 the examination shall be given to the court and counsel at least 28 48 hours prior to the hearing. 29 (6) Involuntary treatment shall not be authorized during the 30 pendency of a petition except in accordance with section 302 or 19770S1105B1580 - 11 -
1 section 303. 2 (d) Professional Assistance.--A person with respect to whom 3 a hearing has been ordered under this section shall have and be 4 informed of a right to employ a physician, clinical psychologist 5 or other expert in mental health of his choice to assist him in 6 connection with the hearing and to testify on his behalf. If the 7 person cannot afford to engage such a professional, the court 8 shall, on application, allow a reasonable fee for such purpose. 9 The fee shall be a charge against the mental health and mental 10 retardation program of the locality. 11 (e) Hearings on Petition for Court-ordered Involuntary 12 Treatment.--A hearing on a petition for court-ordered 13 involuntary treatment shall be conducted according to the 14 following: 15 (1) The person shall have the right to counsel and to the 16 assistance of an expert in mental health. 17 (2) The person shall not be called as a witness without his 18 consent. 19 (3) The person shall have the right to confront and cross- 20 examine all witnesses and to present evidence in his own behalf. 21 (4) The hearing shall be public unless it is requested to be 22 private by the person or his counsel. 23 (5) A stenographic or other sufficient record shall be made, 24 which shall be impounded by the court and may be obtained or 25 examined only upon the request of the person or his counsel or 26 by order of the court on good cause shown. 27 (6) The hearing shall be conducted by a judge or by a mental 28 health review officer and may be held at a location other than a 29 courthouse when doing so appears to be in the best interest of 30 the person. 19770S1105B1580 - 12 -
1 (7) A decision shall be rendered within 48 hours after the 2 close of evidence. 3 (f) Determination and Order.--Upon a finding by clear and 4 convincing evidence that the person is severely mentally 5 disabled and in need of treatment and subject to subsection (a), 6 an order shall be entered directing treatment of the person in 7 an approved facility as an inpatient or an outpatient, or a 8 combination of such treatment as the director of the facility 9 shall from time to time determine. Inpatient treatment shall be 10 deemed appropriate only after full consideration has been given 11 to less restrictive alternatives. Investigation of treatment 12 alternatives shall include consideration of the person's 13 relationship to his community and family, his employment 14 possibilities, all available community resources, and 15 guardianship services. An order for inpatient treatment shall 16 include findings on this issue. 17 (g) Duration of Court-ordered Involuntary Treatment.--(1) A 18 person may be made subject to court-ordered involuntary 19 treatment under this section for a period not to exceed 90 days, 20 excepting only that: Persons may be made subject to court- 21 ordered involuntary treatment under this section for a period 22 not to exceed one year if the person meets the criteria 23 established by clause (2). 24 (2) A person may be subject to court-ordered involuntary 25 treatment for a period not to exceed one year if: 26 (i) severe mental disability is based on acts giving rise to 27 the following charges under the Pennsylvania Crimes Code: murder 28 (§ 2502); voluntary manslaughter (§ 2503); aggravated assault (§ 29 2702); kidnapping (§ 2901); rape (§ 3121(1) and (2)); 30 involuntary deviate sexual intercourse (§ 3123(1) and (2)); 19770S1105B1580 - 13 -
1 arson (§ 3301); and 2 (ii) a finding of incompetency to be tried or a verdict of 3 acquittal because of lack of criminal responsibility has been 4 entered. 5 [(2)] (3) If at any time the director of a facility 6 concludes that the person is not severely mentally disabled or 7 in need of treatment pursuant to subsection (a), he shall 8 discharge the person provided that no person subjected to 9 involuntary treatment pursuant to clause (2) may be discharged 10 without a hearing conducted pursuant to clause (4). 11 (4) In cases involving involuntary treatment pursuant to 12 clause (2), whenever the period of court-ordered involuntary 13 treatment is about to expire and neither the director nor the 14 county administrator intends to apply for an additional period 15 of court-ordered involuntary treatment pursuant to section 305 16 or at any time the director concludes that the person is not 17 severely mentally disabled or in need of treatment, the director 18 shall petition the court which ordered the involuntary treatment 19 for the unconditional or conditional release of the person. 20 Notice of such petition shall be given to the person, the county 21 administrator and the district attorney. Within 15 days after 22 the petition has been filed, the court shall hold a hearing to 23 determine if the person is severely mentally disabled and in 24 need of treatment. Petitions which must be filed simply because 25 the period of involuntary treatment will expire shall be filed 26 at least ten days prior to the expiration of the court-ordered 27 period of involuntary treatment. If the court determines after 28 hearing that the person is severely mentally disabled and in 29 need of treatment, it may order additional involuntary treatment 30 not to exceed one year; if the court does not so determine, it 19770S1105B1580 - 14 -
1 shall order the discharge of the person. 2 Section 305. Additional Periods of Court-ordered Involuntary 3 Treatment.--(a) At the expiration of a period of court-ordered 4 involuntary treatment under section 304(g), or this section the 5 court may order treatment for an additional period upon the 6 application of the county administrator or the director of the 7 facility in which the person is receiving treatment. Such order 8 shall be entered upon hearing on findings as required by 9 sections 304(a) and (b), and the further finding of a need for 10 continuing involuntary treatment as shown by conduct during the 11 person's most recent period of court-ordered treatment. The 12 additional period of involuntary treatment shall not exceed 180 13 days; provided that persons meeting the criteria of section 14 304(g)(2) may be subject to an additional period of up to one 15 year of involuntary treatment. A person found dangerous to 16 himself under section 301(b)(2)(i),(ii) or (iii) shall be 17 subject to an additional period of involuntary full-time 18 inpatient treatment only if he has first been released to a less 19 restrictive alternative. This limitation shall not apply where, 20 upon application made by the county administrator or facility 21 director, it is determined by a judge or mental health review 22 officer that such release would not be in the person's best 23 interest. 24 (b) The director of the facility in which the person is 25 receiving treatment shall notify the county administrator at 26 least ten days prior to the expiration of a period of 27 involuntary commitment ordered under section 304 or this 28 section. 29 Section 2. The act is amended by adding a section to read: 30 Section 307. Return to Inpatient Status of Persons on 19770S1105B1580 - 15 -
1 Leave.--(a) Where any involuntary inpatient treatment has been 2 ordered under this act but thereafter the director of the 3 facility has placed such person on short-term leave, such leave 4 may be rescinded and the person returned to inpatient treatment 5 immediately. Such inpatient treatment shall continue as long as 6 the director of the facility shall deem it necessary, not to 7 exceed the term originally ordered by the court. If, in these 8 circumstances, the person shall refuse inpatient treatment, the 9 court or mental health review officer or county administrator, 10 upon application of the director of the facility, may issue a 11 warrant directing a person authorized by him, or any peace 12 officer, to take such person to the facility. The application 13 shall set forth the reason for requiring inpatient treatment and 14 the grounds for believing that such treatment has been refused. 15 (b) Where a person is involuntarily committed pursuant to 16 either section 304 or section 305 because the court makes a 17 finding that the person is a clear and present danger to others 18 and the person is granted leave by a facility on the condition 19 that the person continues to take medication which tends to 20 reduce the likelihood of violent behavior by the person and 21 where the county administrator determines that the person 22 consistently fails to take the prescribed medication, such leave 23 may be rescinded by the director of the facility and the person 24 returned to treatment. The person may not be detained more than 25 20 days without a finding of severe mental disability and the 26 institution of appropriate legal proceedings. The right to 27 rescind a patient's leave pursuant to this section shall be 28 limited to a period ending 90 days after the expiration of the 29 period of court-ordered involuntary care. 30 Section 3. Subsection (b) of section 402 and subsections (c) 19770S1105B1580 - 16 -
1 and (f) of section 403 of the act are amended to read: 2 Section 402. Incompetence to Proceed on Criminal Charges and 3 Lack of Criminal Responsibility as Defense.--* * * 4 (b) Involuntary Treatment of Persons Found Incompetent to 5 Stand Trial Who are Not Mentally Disabled.--Notwithstanding the 6 provisions of Article III of this act, a court may order 7 involuntary treatment of a person found incompetent to stand 8 trial but who is not severely mentally disabled, such 9 involuntary treatment not to exceed a specific period of [30] 60 10 days. Involuntary treatment pursuant to this subsection may be 11 ordered only if the court is reasonably certain that the 12 involuntary treatment will provide the defendant with the 13 capacity to stand trial. The court may order outpatient 14 treatment, partial hospitalization or inpatient treatment. 15 * * * 16 Section 403. Hearing and Determination of Incompetency to 17 Proceed; Stay of Proceedings; Dismissal of Charges.--* * * 18 (c) Defendant's Right to Counsel; Reexamination.--A person 19 who is determined to be incompetent to proceed shall have a 20 continuing right to counsel so long as the criminal charges are 21 pending. Following such determination, the person charged shall 22 be reexamined not less than every [60] 90 days by a psychiatrist 23 appointed by the court and a report of reexamination shall be 24 submitted to the court and to counsel. 25 * * * 26 (f) Stay of Proceedings.--In no instance shall the 27 proceedings be stayed for a period in excess of the maximum 28 sentence of confinement that may be imposed for the crime or 29 crimes charged, or [five] ten years, whichever is less. 30 Section 4. The act is amended by adding a section to read: 19770S1105B1580 - 17 -
1 Section 407. Voluntary Treatment of A Person Charged With 2 Crime Or Serving Sentence.--(a) Whenever a person in criminal 3 detention, whether in lieu of bail or serving a sentence, 4 believes that he is in need of treatment and substantially 5 understands the nature of voluntary treatment he may submit 6 himself to examination and treatment under this act, provided 7 that at least one physician certifies the necessity of such 8 treatment and certifies further that such treatment cannot be 9 adequately provided at the prison or correctional facility where 10 the person then is detained. Such certificate shall set forth 11 the specific grounds which make transfer to a mental health 12 facility necessary. The correctional facility shall secure a 13 written acceptance of the person for inpatient treatment from 14 the mental health facility and shall forward such acceptance to 15 the court. 16 (b) Before any inmate of a prison or correctional facility 17 may be transferred to a mental health facility for the purpose 18 of examination and treatment the court shall review the 19 certification of the physician that such transfer is necessary 20 and may request any other information concerning the necessity 21 of such transfer. Upon such review the court shall either 22 approve or disapprove the transfer. 23 (c) The court of common pleas for the judicial district in 24 which the person is charged or was sentenced shall have 25 jurisdiction for the purpose set forth in this section. 26 (d) Transfer to a mental health facility shall not affect 27 the condition of security required by the person's criminal 28 detention. However, the court shall not order maximum security 29 psychiatric care merely on the ground that the person has been 30 detained in a prison or correctional facility. 19770S1105B1580 - 18 -
1 (e) A report of the person's mental condition shall be made 2 by the mental health facility to the court within 30 days of the 3 person's transfer to such facility. Such report shall also set 4 forth the specific grounds which require continued treatment at 5 a mental health facility. After the initial report the facility 6 shall thereafter report to the court every 180 days. 7 (f) If at any time the person gives notice of his intent to 8 withdraw from treatment at the mental health facility he shall 9 be returned to the authority entitled to have him in custody, or 10 proceedings may be initiated under section 304 of this act. 11 During the pendency of any petition filed under section 304 12 concerning a person in treatment under this section the mental 13 health facility shall have authority to detain the person 14 regardless of the provisions of section 203, provided that the 15 hearing under section 304 is conducted within seven days of the 16 time the person gives notice of his intent to withdraw from 17 treatment. 18 (g) The period of voluntary treatment under this section 19 shall be credited as time served on account of any sentence to 20 be imposed on pending charges or any unexpired term of 21 imprisonment. 22 Section 5. This act shall take effect in 60 days. I21L32RC/19770S1105B1580 - 19 -