PRINTER'S NO. 8
No. 8 Session of 1989
INTRODUCED BY GREENLEAF, JANUARY 20, 1989
REFERRED TO PUBLIC HEALTH AND WELFARE, JANUARY 20, 1989
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 involuntary treatment.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Sections 301 and 304(a) of the act of July 9,
10 1976 (P.L.817, No.143), known as the Mental Health Procedures
11 Act, amended November 26, 1978 (P.L.1362, No.324), are amended
12 to read:
13 Section 301. Persons Who May be Subject to Involuntary
14 Emergency Examination and Treatment.--(a) Persons Subject.--
15 Whenever a person is severely mentally disabled and in need of
16 immediate treatment, he may be made subject to involuntary
17 emergency examination and treatment. A person is severely
18 mentally disabled when, as a result of mental illness, his
19 capacity to exercise self-control, judgment and discretion in
1 the conduct of his affairs and social relations or to care for
2 his own personal needs is so lessened that he poses a clear and
3 present danger of harm to others or to himself[.] or when the
4 threat of or the potential for violence is clearly indicated by
5 the individual or the individual's guardian or immediate family.
6 (b) Determination of Clear and Present Danger.--(1) Clear
7 and present danger to others shall be shown by establishing that
8 within the past 30 days the person has inflicted or attempted to
9 inflict serious bodily harm on another and that there is a
10 reasonable probability that such conduct will be repeated. If,
11 however, the person has been found incompetent to be tried or
12 has been acquitted by reason of lack of criminal responsibility
13 on charges arising from conduct involving infliction of or
14 attempt to inflict substantial bodily harm on another, such 30-
15 day limitation shall not apply so long as an application for
16 examination and treatment is filed within 30 days after the date
17 of such determination or verdict. In such case, a clear and
18 present danger to others may be shown by establishing that the
19 conduct charged in the criminal proceeding did occur, and that
20 there is a reasonable probability that such conduct will be
21 repeated. For the purpose of this section, a clear and present
22 danger of harm to others may be demonstrated by proof that the
23 person has made threats of harm and has committed acts in
24 furtherance of the threat to commit harm.
25 (2) Clear and present danger to himself shall be shown by
26 establishing that within the past 30 days:
27 (i) the person has acted in such manner as to evidence that
28 he would be unable, without care, supervision and the continued
29 assistance of others, to satisfy his need for nourishment,
30 personal or medical care, shelter, or self-protection and
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1 safety, and that there is a reasonable probability that death,
2 serious bodily injury or serious physical debilitation would
3 ensue within 30 days unless adequate treatment were afforded
4 under this act; or
5 (ii) the person has attempted suicide and that there is the
6 reasonable probability of suicide unless adequate treatment is
7 afforded under this act. For the purposes of this subsection, a
8 clear and present danger may be demonstrated by the proof that
9 the person has made threats to commit suicide and has committed
10 acts which are in furtherance of the threat to commit suicide;
11 or
12 (iii) the person has substantially mutilated himself or
13 attempted to mutilate himself substantially and that there is
14 the reasonable probability of mutilation unless adequate
15 treatment is afforded under this act. For the purposes of this
16 subsection, a clear and present danger shall be established by
17 proof that the person has made threats to commit mutilation and
18 has committed acts which are in furtherance of the threat to
19 commit mutilation.
20 (3) The Department of Public Welfare shall develop criteria
21 for determining when the threat of or the potential for violence
22 is indicated.
23 Section 304. Court-ordered Involuntary Treatment Not to
24 Exceed Ninety Days.--(a) Persons for Whom Application May be
25 Made.--(1) A person who is severely mentally disabled and in
26 need of treatment, as defined in section 301(a), may be made
27 subject to court-ordered involuntary treatment upon a
28 determination of clear and present danger under section
29 301(b)(1) (serious bodily harm to others), or section
30 301(b)(2)(i) (inability to care for himself, creating a danger
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1 of death or serious harm to himself), or 301(b)(2)(ii)
2 (attempted suicide), or 301(b)(2)(iii) (self-mutilation).
3 (2) Where a petition is filed for a person already subject
4 to involuntary treatment, it shall be sufficient to represent,
5 and upon hearing to reestablish, that the conduct originally
6 required by section 301 in fact occurred, and that his condition
7 continues to evidence a clear and present danger to himself or
8 others, or that the threat of or potential for violence is
9 indicated by the individual. In such event, it shall not be
10 necessary to show the reoccurrence of dangerous conduct, either
11 harmful or debilitating, within the past 30 days.
12 * * *
13 Section 2. This act shall take effect in 60 days.
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