1Amending the act of April 14, 1972 (P.L.221, No.63), entitled,
2as amended, "An act establishing the Pennsylvania Advisory
3Council on Drug and Alcohol Abuse; imposing duties on the
4Department of Health to develop and coordinate the
5implementation of a comprehensive health, education and
6rehabilitation program for the prevention and treatment of
7drug and alcohol abuse and drug and alcohol dependence;
8providing for emergency medical treatment; providing for
9treatment and rehabilitation alternatives to the criminal
10process for drug and alcohol dependence; and making repeals,"
11providing for involuntary commitment of drug-dependent
12persons.

13The General Assembly of the Commonwealth of Pennsylvania
14hereby enacts as follows:

15Section 1. Section 2(b) of the act of April 14, 1972
16(P.L.221, No.63), known as the Pennsylvania Drug and Alcohol
17Abuse Control Act, is amended by adding a definition to read:

18Section 2. Definitions:

19* * *

20(b) As used in this act:

21* * *

22"Immediate family" means a parent, spouse, brother, sister, 
23son or daughter.

1* * *

2Section 2. The act is amended by adding a section to read:

3Section 12.2. Commitment of Drug Dependent Persons.--(a) An
4immediate family member of a drug dependent person may petition
5the court of common pleas of the judicial district where the
6drug dependent person is domiciled for commitment of the drug
7dependent person to involuntary drug and alcohol treatment
8services, including inpatient services, if the drug dependent
9person is incapable of accepting or unwilling to accept
10voluntary treatment. The petition must set forth sufficient
11facts and good reason for the commitment.

12(b) (1) Upon petition pursuant to subsection (a), the court
13shall order the person who is alleged to have a dependency on
14drugs or alcohol to undergo a drug and alcohol assessment
15performed by a psychiatrist, a licensed psychologist with
16specific training in drug and alcohol assessment and treatment
17or a certified addiction counselor.

18(2) The assessment shall include a recommended level of care
19and length of treatment. An assessment completed by a certified
20addiction counselor shall be based on the Department of Health
21approved drug and alcohol level of care criteria and shall be
22reviewed by a case management supervisor in a single county
23authority.

24(3) The court shall hear the testimony of the person
25performing the assessment at the hearing on the petition for
26involuntary commitment.

27(c) Based on the assessment under subsection (b), the court
28may order the person committed to involuntary drug and alcohol
29treatment, including inpatient services, for up to ninety days
30if all of the following apply:

1(1) The court finds by clear and convincing evidence that:

2(i) the person is a drug dependent person; and

3(ii) the person is incapable of accepting or unwilling to
4accept voluntary treatment services.

5(2) The court finds that the person will benefit from
6involuntary treatment services.

7(3) If the court decision is inconsistent with the level of
8care and length of treatment recommended by the assessment, the
9court shall include in its order a statement of facts and
10reasons for its disposition.

11(d) (1) A respondent ordered to undergo treatment due to a
12determination pursuant to subsection (c) shall remain under the
13treatment designated by the court for a period of ninety days
14unless sooner discharged.

15(2) Prior to the end of the ninety-day period, the court
16shall conduct a review hearing in accordance with subsection (c)
17for the purpose of determining whether further treatment is
18necessary. If the court determines that further treatment is
19necessary, the court may order the respondent recommitted to
20services for an additional period of treatment not to exceed
21ninety days unless sooner discharged.

22(3) The court may continue the respondent in treatment for
23successive ninety-day periods pursuant to determinations that
24the person will benefit from services for an additional ninety
25days. The court may also order appropriate follow-up treatment.

26(4) If the court finds, after hearing, that the respondent
27willfully failed to comply with an order, the court may declare
28the person in civil contempt of court and in its discretion make
29an appropriate order, including commitment of the respondent to
30prison for a period not to exceed six months.

1(e) A hearing on a petition for court-ordered involuntary
2drug and alcohol treatment services shall be conducted according
3to the following:

4(1) The respondent has the right to counsel and to the
5assistance of an expert in mental health.

6(2) The respondent shall not be called as a witness without
7his consent.

8(3) The respondent has the right to confront and cross-
9examine all witnesses and to present evidence.

10(4) The hearing shall be public unless it is requested to be
11private by the respondent.

12(5) A stenographic or other sufficient record shall be made,
13which shall be impounded by the court and may be obtained or
14examined only upon the request of the respondent or by order of
15the court for good cause.

16(6) The hearing shall be conducted by a judge.

17(7) A decision shall be rendered within forty-eight hours
18after the close of evidence. If no decision is rendered within
19that time period, the petition shall be deemed denied.

20Section 3. This act shall take effect in 60 days.