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

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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

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PRINTER'S NO. 1099
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1009 Session of2011
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
Amending the act of April 14, 1972 (P.L.221, No.63), entitled,
as amended, "An act establishing the Pennsylvania Advisory
Council on Drug and Alcohol Abuse; imposing duties on the
Department of Health to develop and coordinate the
implementation of a comprehensive health, education and
rehabilitation program for the prevention and treatment of
drug and alcohol abuse and drug and alcohol dependence;
providing for emergency medical treatment; providing for
treatment and rehabilitation alternatives to the criminal
process for drug and alcohol dependence; and making repeals,"
providing for involuntary commitment of drug-dependent
persons.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2(b) of the act of April 14, 1972
(P.L.221, No.63), known as the Pennsylvania Drug and Alcohol
Abuse Control Act, is amended by adding a definition to read:
Section 2. Definitions:
* * *
(b) As used in this act:
* * *
"Immediate family" means a parent, spouse, brother, sister,
son or daughter.
* * *
Section 2. The act is amended by adding a section to read:
Section 12.2. Commitment of Drug Dependent Persons.--(a) An
immediate family member of a drug dependent person may petition
the court of common pleas of the judicial district where the
drug dependent person is domiciled for commitment of the drug
dependent person to involuntary drug and alcohol treatment
services, including inpatient services, if the drug dependent
person is incapable of accepting or unwilling to accept
voluntary treatment. The petition must set forth sufficient
facts and good reason for the commitment.
(b) (1) Upon petition pursuant to subsection (a), the court
shall order the person who is alleged to have a dependency on
drugs or alcohol to undergo a drug and alcohol assessment
performed by a psychiatrist, a licensed psychologist with
specific training in drug and alcohol assessment and treatment
or a certified addiction counselor.
(2) The assessment shall include a recommended level of care
and length of treatment. An assessment completed by a certified
addiction counselor shall be based on the Department of Health
approved drug and alcohol level of care criteria and shall be
reviewed by a case management supervisor in a single county
authority.
(3) The court shall hear the testimony of the person
performing the assessment at the hearing on the petition for
involuntary commitment.
(c) Based on the assessment under subsection (b), the court
may order the person committed to involuntary drug and alcohol
treatment, including inpatient services, for up to ninety days
if all of the following apply:
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(1) The court finds by clear and convincing evidence that:
(i) the person is a drug dependent person; and
(ii) the person is incapable of accepting or unwilling to
accept voluntary treatment services.
(2) The court finds that the person will benefit from
involuntary treatment services.
(3) If the court decision is inconsistent with the level of
care and length of treatment recommended by the assessment, the
court shall include in its order a statement of facts and
reasons for its disposition.
(d) (1) A respondent ordered to undergo treatment due to a
determination pursuant to subsection (c) shall remain under the
treatment designated by the court for a period of ninety days
unless sooner discharged.
(2) Prior to the end of the ninety-day period, the court
shall conduct a review hearing in accordance with subsection (c)
for the purpose of determining whether further treatment is
necessary. If the court determines that further treatment is
necessary, the court may order the respondent recommitted to
services for an additional period of treatment not to exceed
ninety days unless sooner discharged.
(3) The court may continue the respondent in treatment for
successive ninety-day periods pursuant to determinations that
the person will benefit from services for an additional ninety
days. The court may also order appropriate follow-up treatment.
(4) If the court finds, after hearing, that the respondent
willfully failed to comply with an order, the court may declare
the person in civil contempt of court and in its discretion make
an appropriate order, including commitment of the respondent to
prison for a period not to exceed six months.
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(e) A hearing on a petition for court-ordered involuntary
drug and alcohol treatment services shall be conducted according
to the following:
(1) The respondent has the right to counsel and to the
assistance of an expert in mental health.
(2) The respondent shall not be called as a witness without
his consent.
(3) The respondent has the right to confront and cross-
examine all witnesses and to present evidence.
(4) The hearing shall be public unless it is requested to be
private by the respondent.
(5) A stenographic or other sufficient record shall be made,
which shall be impounded by the court and may be obtained or
examined only upon the request of the respondent or by order of
the court for good cause.
(6) The hearing shall be conducted by a judge.
(7) A decision shall be rendered within forty-eight hours
after the close of evidence. If no decision is rendered within
that time period, the petition shall be deemed denied.
Section 3. This act shall take effect in 60 days.
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