Current through Register Vol. 54, No. 44, November 2, 2024
(a)
Whenever a person in criminal detention, whether in lieu of bail or when
serving a sentence, believes he is in need of treatment and substantially
understands the nature of voluntary treatment, he may submit himself to
examination and treatment.
(b)
Prior to voluntary admission, at least one physician, preferably a psychiatrist
where the person is in criminal detention, shall certify in writing the
necessity for such treatment. This certification shall contain at least the
following information:
(1) A statement that
the person substantially understands the nature of inpatient treatment,
including the nature of his mental illness or condition, and the requirement
for continued security if admitted to a mental health facility.
(2) A statement that the patient is so
mentally ill as to require inpatient hospitalization and an explanation why
outpatient management in the penal institution population by way of
psychotherapy with or without medication will not be sufficient.
(3) A description of the person's condition,
symptoms, clinical history, and diagnosis.
(c) The correctional facility shall secure a
written acceptance of the person for inpatient treatment from a mental health
facility. This written acceptance shall contain at least the following
information:
(1) A statement that the
inpatient mental health facility is willing and able to accept the person for
treatment.
(2) A description of the
security which the inpatient mental health facility is able to
provide.
(d) The
superintendent or warden of the correctional facility where the person is
detained shall prepare a statement concerning the reasons for seeking
treatment.
(e) The person's written
voluntary admission request, the physician's certification, the statement of
the superintendent of the correctional facility regarding security needs, and
the written acceptance from the mental health facility shall be forwarded to
the president judge of the court of common pleas, in the county where the
person was charged or sentenced.
(f) The documents listed in subsections (b)
through (e) shall be sent by certified mail, return receipt requested to:
(1) The judge in the court which sentenced
the person. If it is determined the sentencing judge is no longer on the bench,
the information shall be sent to the president judge.
(2) The district attorney of the sentencing
county.
(3) The county
administrator of the sentencing county.
(g) The County Administrator of the county of
the person's legal residence, if different from the person's county of
sentence, shall receive notification by the correctional facility that the
person has requested voluntary admission to a mental health facility. This
notification shall include the name of the proposed mental health facility and
the name of the judge of the county of sentence to whom the voluntary request
has been submitted.
(h) Upon
receipt of the request for voluntary admission, the district attorney of the
county of sentence may, within 14 days have a physician conduct an independent
examination of the applicant or file a motion contesting the need for
treatment.
(i) The Department will
not participate in the costs of examination, transportation, or hearings
incurred at the request of the district attorney.
(j) The court of common pleas for the
judicial district in which the person is charged or sentenced shall have
jurisdiction for purposes related to section 407 of the act (50 P. S. §
7407). Where possible, the sentencing judge
shall preside.
(k) Upon receipt of
the request for voluntary examination and treatment, and upon review of the
request, and its attendant reports, and following any hearing on the matter the
court shall either approve or disapprove the request.
(1) In the event the court approves the
request for voluntary admission to a mental health facility, the court shall
also indicate whether the conditions of security presented by the inpatient
mental health facility are appropriate. If the court believes a greater or
lesser degree of security is appropriate, it shall so
direct.
(l) The
Department has designated Farview State Hospital as the Commonwealth's maximum
security psychiatric facility. The Department has also designated Warren State
Hospital, Mayview State Hospital, Norristown State Hospital, and Philadelphia
State Hospital as having medium security forensic units for male patients. The
general wards of State hospitals and most approved community mental health
facilities can only provide the same degree of security as they do for civilly
committed patients. Regarding placement for women, or questions regarding the
appropriate level of secure placement for males, the regional mental health for
the region in which the person is located should be contacted.
(m) Whenever the court approves the request
of the person charged with crime or undergoing sentence, the receiving mental
health facility, when space is available, shall accept the person and
immediately proceed to examine the person and develop a detailed treatment
plan.
(1) In the event the receiving facility
determines that the person is unwilling to agree upon or participate in a
treatment plan, or is unwilling to accept the security provisions imposed by
the court, the mental health facility is to make arrangements with the
correctional institutes from which the person was transferred, to effect the
person's immediate return to the correctional facility. The court authorizing
the voluntary admission, the district attorney, and the county administrator of
the county of residence, if different from the county of sentence, are to be
sent notifications of this action by the mental health facility.
(2) If, at the time of the initial
examination, or anytime thereafter, the mental health facility is of the
opinion that the patient requires more security than the facility can offer and
the patient will not consent to his transfer to a more secure facility the
sending correctional authority shall be contacted immediately in order to
return the patient to the sending facility. Alternatively, the mental health
facility may initiate a petition for involuntary treatment to a facility with
greater security. All costs involved in the transportation shall be billed to
the correctional facility.
(3) In
the event the receiving mental health facility is able to accept the person and
a treatment plan is agreed upon with the person, treatment shall begin
immediately.
(4) The receiving
mental health facility shall notify the person's county of residence, if
different from the county where person was charged or sentenced, of the
person's voluntary admission. The county administrator is the person to whom
the notification is to be sent.
(n) The treatment plan shall include a
written agreement with the patient that, upon notice to withdraw from
treatment, he may be held at the facility for a reasonable time until
arrangements can be made for transportation by the county jail or State
correctional institution.
(1) In the event
the person gives notice to withdraw and it appears that the standards for
involuntary treatment can be met, proceedings may be initiated under sections
302 and 304 of the act (50 P. S. §§
7302 or
7304).
(i) During the pendency of any petitions
filed under section 304 of the act, the mental health facility shall have the
authority to detain the person regardless of the provision of section 203 of
the act, provided that the hearing under section 304 of the act, is conducted
within 7 days of the time the person gives notice of his intent to withdraw
from treatment.
(ii) If no hearing
is held within 7 days subsequent to the filing of a petition under section 304
of the act, the person shall be returned to, and by the correctional
institution where he was originally detained.
(o) A report of the person's mental condition
shall be made by the mental health facility to the court within 30 days of the
person's transfer to the facility. The report shall set forth the specific
grounds as to why continued treatment at a mental health facility is necessary.
After the initial report the mental health facility shall thereafter report to
the court every 180 days.
(1) Copies of the
report to the court shall be sent to the county administrator of the county of
residence if different from the county where the person was charged or
sentenced.
(p) At any
time when the mental health facility finds that continued voluntary treatment
is no longer necessary the person shall be discharged and returned to the
correctional facility.
(q)
Transporting the person to and from the county jail or State correctional
institution for admission or discharge to or from a mental health facility
shall be the responsibility of the county jail or State correctional
institution where the person was originally detained.
(r) Liability for treatment of an individual
admitted to a State mental health facility shall be assessed pursuant to
section 505 of the Mental Health/Mental Retardation Act of 1966 (50 P. S. §
4505), and section 408 of the act
(50
P. S. §
7408).
(s) Voluntary admission proceedings shall not
be used for the purpose of conducting an inpatient evaluation or for a period
of observation in connection with any proceedings with reference to a criminal
act.
(t) Voluntary admission to a
facility of a person charged with crime or undergoing sentence shall be in
accordance with Forms MH-781-X in Appendix A and Forms MH-781-Y and
MH-781-Z.
(u) Unauthorized absence
from a mental health facility while under voluntary status.
(1) For those patients who have escaped from
a hospital who were admitted on a voluntary status under this section no
discharge is to be effected without the following specific actions being taken:
(i) As soon as it has been determined that a
patient has left the hospital without authorization, at least the following are
to be notified:
(A) Local and State police.
The police authorities are to be advised that even though the patient was on a
voluntary basis, the subject is to be apprehended and returned to the hospital
since the escaped patient was admitted from a county jail or State correctional
institution while awaiting trial on pending charges or while serving a
sentence.
(B) Responsible
person.
(C) The institution or
agency having authority over the criminal status, such as, correctional
institution, county jail, probation or parole departments, and the
like.
(D) The court and district
attorney's office of the county with criminal jurisdiction, and the like, where
criminal charges are pending or where sentence was imposed.
(E) The county administrator of the county of
residence, if different from the county where the person was charged or
sentenced.
(F) The Office of
Interstate Services and Records Unit of the Office of Mental Health.
(ii) In the event that the patient
has escaped and does not return or is not returned by others after 72 hours,
the penal institution or agency from which the person was admitted on a
voluntary status is to be notified right away that the hospital is discharging
the subject from the rolls, and the authority over the case is being officially
returned to the agency or institution. In the notification of the discharge,
the hospital should:
(A) Advise the receiving
institution or agency that the subject's mental status has not been known
during the period of escape and that following apprehension new commitment
procedures would have to be initiated pursuant to the provisions of the act
should the individual appear to require hospitalization.
(B) Send notices relating to the discharge
and transfer of authority to those listed in subsection
(u)(1)(i)(A)-(F).
(iii)
All notices relating to the discharge and turning the case back to the penal
authorities are to be sent by certified mail, return receipt
requested.
(iv) If the patient is
returned to the hospital from escape status prior to discharge:
(A) The hospital is to notify all concerned
in subsection (u)(1)(i)(A)-(F).
(B)
The patient is to be evaluated to determine:
(I) Whether the patient should continue on
voluntary status.
(II) Whether
procedures for involuntary commitment pursuant to the act would be
appropriate.
(III) Whether the
person should be returned to the penal institution.
(IV) Under any of these options, the mental
health facility is to be certain to keep the parties listed in subsection
(u)(1)(i)(A)-(F) advised.
(V) In
the event the hospital elects to have the person returned to the penal
institution, that institution is to be advised of the number of days the person
was on unauthorized absence.
