PRINTER'S NO. 97
No. 107 Session of 2005
INTRODUCED BY MELLOW, O'PAKE, COSTA, LAVALLE, STOUT, KASUNIC,
MUSTO, TARTAGLIONE, KITCHEN, STACK AND ORIE, JANUARY 31, 2005
REFERRED TO PUBLIC HEALTH AND WELFARE, JANUARY 31, 2005
AN ACT
1 Providing for security reports of mental health and mental
2 retardation facilities; and imposing a civil penalty.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Mental Health
7 and Mental Retardation Facility Security Act.
8 Section 2. Definitions.
9 The following words and phrases when used in this act shall
10 have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Facility." A mental health or mental retardation facility
13 that receives public funds. The term includes any mental health
14 establishment, hospital, clinic, institution, center, day-care
15 center or other organizational unit or part thereof that is
16 primarily devoted to the treatment of persons with mental
17 illness or mental retardation.
18 "Public funds." Includes Federal, State and local funds and
1 medical assistance and Medicare funds.
2 Section 3. Facility security reports required.
3 A facility shall each year prepare, publish and distribute a
4 security report. The report shall be disseminated through
5 appropriate publications or mailings to the following:
6 (1) Current patients, guardians of patients and parents
7 of minor patients.
8 (2) Facility employees.
9 (3) The chairman and minority chairman of the Public
10 Health and Welfare Committee of the Senate.
11 (4) The chairman and minority chairman of the Health and
12 Human Services Committee of the House of Representatives.
13 (5) The Attorney General.
14 (6) The Secretary of Public Welfare.
15 (7) Pennsylvania Protection and Advocacy, Incorporated.
16 Section 4. Contents of report.
17 The security report shall contain the following information:
18 (1) Current policies of the facility regarding
19 procedures for patients and others to report criminal action
20 involving patients.
21 (2) A description of the type and frequency of programs
22 designed to inform employees about facility security
23 procedures and practices to encourage patients and employees
24 to be responsible for their own security and the security of
25 others.
26 (3) Statistics during the most recent calendar year and
27 the two preceding calendar years for which data are available
28 concerning the occurrence in the facility or on its premises
29 of the following crimes and attempts thereof:
30 (i) homicide;
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1 (ii) any sexual offense;
2 (iii) harassment;
3 (iv) robbery; and
4 (v) simple assault and aggravated assault.
5 Section 5. Report of crimes.
6 A facility shall report any crime under section 4(3)
7 (relating to contents of report) within 48 hours of its
8 occurrence to the victim's guardian or the parent or guardian of
9 a minor patient victim if the crime is considered to be a threat
10 to any patient or employee and is reported to a police agency.
11 Section 6. Maintenance of daily log.
12 (a) General rule.--A facility that maintains a police or
13 security department of any kind shall make, keep and maintain a
14 daily log, written in a form that can be easily understood,
15 recording all crimes reported to that police or security
16 department, including:
17 (1) The nature, date, time and general location of each
18 crime.
19 (2) The disposition of the complaint, if known.
20 (b) Public inspection.--Daily log entries shall be available
21 for inspection by the public, except that a facility shall
22 withhold from public inspection the name of any patient that is
23 a part of such record.
24 Section 7. Civil penalty.
25 The Department of Public Welfare may assess a civil penalty
26 of not more than $1,000 upon a person for each violation of this
27 act.
28 Section 8. Effective date.
29 This act shall take effect in 60 days.
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