Bill Text: PA HB1009 | 2011-2012 | Regular Session | Introduced


Bill Title: Providing for involuntary commitment of drug-dependent persons.

Spectrum: Moderate Partisan Bill (Democrat 8-2)

Status: (Introduced - Dead) 2011-03-14 - Referred to HUMAN SERVICES [HB1009 Detail]

Download: Pennsylvania-2011-HB1009-Introduced.html

  

 

    

PRINTER'S NO.  1099

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

1009

Session of

2011

  

  

INTRODUCED BY BISHOP, CARROLL, DALEY, W. KELLER, M. O'BRIEN, MURT, STABACK, J. TAYLOR AND THOMAS, MARCH 14, 2011

  

  

REFERRED TO COMMITTEE ON HUMAN SERVICES, MARCH 14, 2011  

  

  

  

AN ACT

  

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Amending the act of April 14, 1972 (P.L.221, No.63), entitled,

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as amended, "An act establishing the Pennsylvania Advisory

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Council on Drug and Alcohol Abuse; imposing duties on the

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Department of Health to develop and coordinate the

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implementation of a comprehensive health, education and

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rehabilitation program for the prevention and treatment of

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drug and alcohol abuse and drug and alcohol dependence;

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providing for emergency medical treatment; providing for

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treatment and rehabilitation alternatives to the criminal

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process for drug and alcohol dependence; and making repeals,"

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providing for involuntary commitment of drug-dependent

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persons.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Section 2(b) of the act of April 14, 1972

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(P.L.221, No.63), known as the Pennsylvania Drug and Alcohol

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Abuse Control Act, is amended by adding a definition to read:

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Section 2.  Definitions:

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* * *

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(b)  As used in this act:

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* * *

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"Immediate family" means a parent, spouse, brother, sister,

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son or daughter.

 


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* * *

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

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Section 12.2.  Commitment of Drug Dependent Persons.--(a)  An

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immediate family member of a drug dependent person may petition

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the court of common pleas of the judicial district where the

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drug dependent person is domiciled for commitment of the drug

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dependent person to involuntary drug and alcohol treatment

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services, including inpatient services, if the drug dependent

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person is incapable of accepting or unwilling to accept

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voluntary treatment. The petition must set forth sufficient

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facts and good reason for the commitment.

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(b)  (1)  Upon petition pursuant to subsection (a), the court

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shall order the person who is alleged to have a dependency on

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drugs or alcohol to undergo a drug and alcohol assessment

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performed by a psychiatrist, a licensed psychologist with

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specific training in drug and alcohol assessment and treatment

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or a certified addiction counselor.

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(2)  The assessment shall include a recommended level of care

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and length of treatment. An assessment completed by a certified

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addiction counselor shall be based on the Department of Health

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approved drug and alcohol level of care criteria and shall be

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reviewed by a case management supervisor in a single county

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authority.

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(3)  The court shall hear the testimony of the person

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performing the assessment at the hearing on the petition for

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involuntary commitment.

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(c)  Based on the assessment under subsection (b), the court

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may order the person committed to involuntary drug and alcohol

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treatment, including inpatient services, for up to ninety days

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if all of the following apply:

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

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

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(ii)  the person is incapable of accepting or unwilling to

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accept voluntary treatment services.

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(2)  The court finds that the person will benefit from

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involuntary treatment services.

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(3)  If the court decision is inconsistent with the level of

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care and length of treatment recommended by the assessment, the

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court shall include in its order a statement of facts and

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reasons for its disposition.

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(d)  (1)  A respondent ordered to undergo treatment due to a

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determination pursuant to subsection (c) shall remain under the

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treatment designated by the court for a period of ninety days

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unless sooner discharged.

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(2)  Prior to the end of the ninety-day period, the court

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shall conduct a review hearing in accordance with subsection (c)

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for the purpose of determining whether further treatment is

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necessary. If the court determines that further treatment is

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necessary, the court may order the respondent recommitted to

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services for an additional period of treatment not to exceed

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ninety days unless sooner discharged.

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(3)  The court may continue the respondent in treatment for

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successive ninety-day periods pursuant to determinations that

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the person will benefit from services for an additional ninety

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days. The court may also order appropriate follow-up treatment.

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(4)  If the court finds, after hearing, that the respondent

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willfully failed to comply with an order, the court may declare

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the person in civil contempt of court and in its discretion make

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an appropriate order, including commitment of the respondent to

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prison for a period not to exceed six months.

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(e)  A hearing on a petition for court-ordered involuntary

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drug and alcohol treatment services shall be conducted according

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to the following:

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(1)  The respondent has the right to counsel and to the

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assistance of an expert in mental health.

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(2)  The respondent shall not be called as a witness without

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his consent.

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(3)  The respondent has the right to confront and cross-

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examine all witnesses and to present evidence.

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(4)  The hearing shall be public unless it is requested to be

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private by the respondent.

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(5)  A stenographic or other sufficient record shall be made,

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which shall be impounded by the court and may be obtained or

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examined only upon the request of the respondent or by order of

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the court for good cause.

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

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(7)  A decision shall be rendered within forty-eight hours

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after the close of evidence. If no decision is rendered within

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that time period, the petition shall be deemed denied.

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

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