PRINTER'S NO. 3334
No. 2374 Session of 2002
INTRODUCED BY MAITLAND, M. BAKER, BUNT, BUTKOVITZ, CAPPELLI,
CLYMER, CORRIGAN, CREIGHTON, DAILEY, DeLUCA, FRANKEL, HARHAI,
MACKERETH, MANN, McILHATTAN, MELIO, MICHLOVIC, S. MILLER,
MUNDY, NAILOR, PIPPY, PISTELLA, READSHAW, ROBINSON, ROEBUCK,
ROSS, RUBLEY, SATHER, SCHULER, SEMMEL, SHANER, SOLOBAY,
STEELMAN, STERN, E. Z. TAYLOR, J. TAYLOR, THOMAS, TRICH AND
YOUNGBLOOD, FEBRUARY 14, 2002
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 14, 2002
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 statement of policy, for
7 provision for treatment, for persons who may be subject to
8 involuntary emergency examination and treatment and for
9 court-ordered involuntary treatment.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Section 102 of the act of July 9, 1976 (P.L.817,
13 No.143), known as the Mental Health Procedures Act, amended
14 November 26, 1978 (P.L.1362, No.324), is amended to read:
15 Section 102. Statement of Policy.--It is the policy of the
16 Commonwealth of Pennsylvania to seek to assure the availability
17 of adequate treatment to persons who are mentally ill, and it is
18 the purpose of this act to establish procedures whereby this
19 policy can be effected. The provisions of this act shall be
1 interpreted in conformity with the principles of due process to
2 make voluntary and involuntary treatment available where [the
3 need is great and its] absence of treatment could result in
4 serious harm to the mentally ill person or to others. Treatment
5 on a voluntary basis shall be preferred to involuntary
6 treatment; and in every case, the least restrictions consistent
7 with adequate treatment shall be employed. Persons who are
8 mentally retarded, senile, alcoholic, or drug dependent shall
9 receive mental health treatment only if they are also diagnosed
10 as mentally ill, but these conditions of themselves shall not be
11 deemed to constitute mental illness: Provided, however, That
12 nothing in this act shall prohibit underutilized State
13 facilities for the mentally ill to be made available for the
14 treatment of alcohol abuse or drug addiction pursuant to the act
15 of April 14, 1972 (P.L.221, No.63), known as the "Pennsylvania
16 Drug and Alcohol Abuse Control Act." Chronically disabled
17 persons 70 years of age or older who have been continuously
18 hospitalized in a State operated facility for at least ten years
19 shall not be subject to the procedures of this act. Such a
20 person's inability to give a rational, informed consent shall
21 not prohibit the department from continuing to provide all
22 necessary treatment to such a person. However, if such a person
23 protests treatment or residence at a State operated facility he
24 shall be subject to the provisions of Article III.
25 Section 2. Section 104 of the act is amended to read:
26 Section 104. Provision for Treatment.--Adequate treatment
27 means a course of treatment designed and administered to
28 alleviate a person's pain and distress, to protect a person from
29 predictable deterioration, and to maximize the probability of
30 [his] the person's recovery from mental illness. It shall be
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1 provided to all persons in treatment who are subject to this
2 act. It may include inpatient treatment, partial
3 hospitalization, or outpatient treatment. Adequate inpatient
4 treatment shall include such accommodations, diet, heat, light,
5 sanitary facilities, clothing, recreation, education and medical
6 care as are necessary to maintain decent, safe and healthful
7 living conditions. Treatment shall include diagnosis,
8 evaluation, therapy, or rehabilitation needed to alleviate pain
9 and distress [and], to facilitate the recovery of a person from
10 mental illness and to protect a person from predictable
11 deterioration, and shall also include care and other services
12 that supplement treatment and aid [or], promote or maintain such
13 recovery.
14 Section 3. Sections 301 and 304(f) of the act, amended
15 November 26, 1978 (P.L.1362, No.324), are amended to read:
16 Section 301. Persons Who May be Subject to Involuntary
17 Emergency Examination and Treatment.--(a) Persons Subject.--
18 Whenever a person is severely mentally disabled and in need of
19 immediate treatment, he may be made subject to involuntary
20 emergency examination and treatment. A person is severely
21 mentally disabled when, as a result of mental illness, his
22 capacity to exercise self-control, judgment and discretion in
23 the conduct of his affairs and social relations or to care for
24 his own personal needs is so lessened that he poses a clear and
25 present danger of harm to others or to himself.
26 (b) Determination of Clear and Present Danger.--(1) Clear
27 and present danger to others shall be shown by establishing that
28 within the past 30 days the person has inflicted or attempted to
29 inflict serious bodily harm on another person or with cruelty on
30 an animal, or that the person has intentionally caused
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1 significant damage to substantial property of another person,
2 and that there is a reasonable probability that such conduct
3 will be repeated. If, however, the person has been found
4 incompetent to be tried or has been acquitted by reason of lack
5 of criminal responsibility on charges arising from conduct
6 involving infliction of or attempt to inflict substantial bodily
7 harm on another person or with cruelty on an animal, or of
8 conduct involving the intentional causing of significant damage
9 to substantial property of another, such 30-day limitation shall
10 not apply so long as an application for examination and
11 treatment is filed within 30 days after the date of such
12 determination or verdict. In such case, a clear and present
13 danger to others may be shown by establishing that the conduct
14 charged in the criminal proceeding did occur, and that there is
15 a reasonable probability that such conduct will be repeated. For
16 the purpose of this section, a clear and present danger of harm
17 to others may be demonstrated by proof that the person has made
18 [threats of harm and has committed acts in furtherance of the
19 threat to commit harm] one or more threats of harm and the
20 totality of circumstances supports a finding of danger.
21 (2) Clear and present danger to himself shall be shown by
22 establishing that within the past 30 days:
23 (i) the person has acted in such manner as to evidence that
24 he would be unable, without care, supervision and the continued
25 assistance of others, to satisfy his need for nourishment,
26 personal or medical care, shelter, or self-protection and
27 safety, and that there is a reasonable probability that death,
28 serious bodily injury or serious [physical] debilitation would
29 ensue within 30 days unless adequate treatment were afforded
30 under this act; [or]
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1 (i.i) the person has acted in such a way as to evidence that
2 the person does not have the capacity to make a rational
3 treatment decision, and serious physical or mental debilitation
4 would ensue within 30 days from lack of or refusal to take
5 prescribed psychotropic medication for a diagnosed condition
6 unless treatment were afforded under this act;
7 (ii) the person has attempted suicide and that there is the
8 reasonable probability of suicide unless adequate treatment is
9 afforded under this act. For the purposes of this subsection, a
10 clear and present danger may be demonstrated by the proof that
11 the person has made [threats to commit suicide and has committed
12 acts which are in furtherance of the threat to commit suicide]
13 one or more threats to commit suicide and the totality of
14 circumstances supports a conclusion that there is a risk of a
15 suicide attempt; or
16 (iii) the person has substantially mutilated himself or
17 attempted to mutilate himself substantially and that there is
18 the reasonable probability of mutilation unless adequate
19 treatment is afforded under this act. For the purposes of this
20 subsection, a clear and present danger shall be established by
21 proof that the person has made [threats to commit mutilation and
22 has committed acts which are in furtherance of the threat to
23 commit mutilation.] one or more threats to commit mutilation and
24 the totality of circumstances supports a conclusion that there
25 is a risk of an attempt of self-mutilation.
26 (3) A person's history of treatment and diagnosis and a
27 person's past behavior may be considered in determining whether
28 a person's recent behavior constitutes a clean and present
29 danger to others or to the person.
30 Section 304. Court-ordered Involuntary Treatment Not to
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1 Exceed Ninety Days.--* * *
2 (f) Determination and Order.--Upon a finding by clear and
3 convincing evidence that the person is severely mentally
4 disabled and in need of treatment and subject to subsection (a),
5 an order shall be entered directing treatment of the person in
6 an approved facility as an inpatient or an outpatient, or a
7 combination of such treatment as the director of the facility
8 shall from time to time determine. Inpatient treatment shall be
9 deemed appropriate only after full consideration has been given
10 to less restrictive alternatives. Investigation of treatment
11 alternatives shall include consideration of the person's
12 relationship to his community and family, his employment
13 possibilities, all available community resources, medication
14 compliance and guardianship services. An order for inpatient
15 treatment shall include findings on this issue.
16 * * *
17 Section 4. This act shall take effect in 60 days.
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