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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY WATERS, DEASY, GROVE AND SWANGER, MARCH 28, 2011 |
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| REFERRED TO COMMITTEE ON JUDICIARY, MARCH 28, 2011 |
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| AN ACT |
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1 | Amending Title 42 (Judiciary and Judicial Procedure) of the |
2 | Pennsylvania Consolidated Statutes, providing for a mental |
3 | health court division. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Section 951 of Title 42 of the Pennsylvania |
7 | Consolidated Statutes is amended to read: |
8 | § 951. Court divisions. |
9 | (a) Philadelphia County.--The Court of Common Pleas of |
10 | Philadelphia County shall have the following divisions: |
11 | (1) Trial division. |
12 | (2) Orphans' court division. |
13 | (3) Family court division. |
14 | (b) Allegheny County.--The Court of Common Pleas of |
15 | Allegheny County shall have the following divisions: |
16 | (1) Civil division. |
17 | (2) Criminal division. |
18 | (3) Orphans' court division. |
19 | (4) Family division. |
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1 | (c) Other separate orphans' court divisions.--The courts of |
2 | common pleas of Beaver, Berks, Bucks, Cambria, Chester, Dauphin, |
3 | Delaware, Erie, Fayette, Lackawanna, Lancaster, Lehigh, Luzerne, |
4 | Montgomery, Schuylkill, Washington, Westmoreland and York |
5 | counties shall each have a separate orphans' court division. |
6 | (d) Judicial districts having no separate orphans' court |
7 | division.--In each judicial district having no separate orphans' |
8 | court division, there shall be an orphans' court division |
9 | composed of the court of common pleas of that judicial district. |
10 | (e) Change in size of divisions.--The number of judges |
11 | constituting a division may be increased or reduced by order of |
12 | the governing authority. |
13 | (f) Mental health court division.--The court of common pleas |
14 | of any county or judicial district may establish a separate |
15 | mental health court division. |
16 | Section 2. Title 42 is amended by adding a section to read: |
17 | § 954. Mental health court divisions. |
18 | (a) Mental health court division.--The court of common pleas |
19 | of any county or judicial district may apply for a grant to |
20 | establish a mental health court division. |
21 | (b) Objectives.--The mental health court division shall have |
22 | the following objectives: |
23 | (1) Increased cooperation between the criminal justice |
24 | and mental health systems. |
25 | (2) Faster case processing time. |
26 | (3) Improved access to necessary services and support. |
27 | (4) Increased services for offenders with mental |
28 | illness. |
29 | (5) Reduced recidivism. |
30 | (6) Continued judicial supervision, including periodic |
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1 | review of preliminarily qualified offenders with mental |
2 | illness who are charged with misdemeanors or nonviolent |
3 | offenses. |
4 | (7) Coordinated delivery of services, including: |
5 | (i) Specialized training of law enforcement and |
6 | judicial personnel to identify and address the needs of a |
7 | mentally ill offender. |
8 | (ii) Voluntary outpatient or inpatient treatment, in |
9 | the least restrictive manner appropriate, as determined |
10 | by the court, that carries with it the possibility of |
11 | dismissal of charges or reduced sentencing upon |
12 | successful completion of treatment. |
13 | (iii) Centralized case management involving the |
14 | consolidation of all of a mentally ill person's cases, |
15 | including violations of probation, and the coordination |
16 | of all mental health treatment plans and social services, |
17 | including life skills training, such as housing |
18 | placement, vocational training, education, job placement, |
19 | health care and relapse prevention for each participant |
20 | who requires those services. |
21 | (iv) Continuing supervision of treatment plan |
22 | compliance for a term not to exceed the maximum allowable |
23 | sentence or probation for the charged relevant offense |
24 | and, to the extent practicable, continuity of psychiatric |
25 | care at the end of the supervised period. |
26 | (c) Contact.--The mental health court division shall provide |
27 | a single point of contact where a defendant with a mental |
28 | illness may receive court-ordered treatment and support services |
29 | in connection with a diversion from prosecution, a sentencing |
30 | alternative or a term of probation or parole. |
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1 | (d) Criteria.--A court of common pleas that establishes a |
2 | mental health court division pursuant to this section may |
3 | provide the following through the adoption of local rules: |
4 | (1) Referral to the mental health court division. |
5 | (2) Acceptance, participation and completion of mental |
6 | health court programs. |
7 | (3) Utilization of designated staff, including, but not |
8 | limited to, a judge of the court of common pleas, mental |
9 | health review officer, prosecutor, public defender, county |
10 | mental health liaison and probation officer. |
11 | (4) Initial and ongoing training for designated staff, |
12 | as needed, on the nature of mental illness and on the |
13 | treatment and supportive services available in the community. |
14 | (5) Utilization of community mental health providers and |
15 | other agencies to offer defendants access to individualized |
16 | treatment services. |
17 | (e) Application of law.--Proceedings conducted by a judge of |
18 | the court of common pleas or a mental health review officer |
19 | pursuant to Article IV of the act of July 9, 1976 (P.L.817, No. |
20 | 143), known as the Mental Health Procedures Act, shall be |
21 | conducted by the mental health court division. |
22 | (f) Grants.--The Administrative Office, in consultation with |
23 | the Department of Public Welfare Office of Mental Health and |
24 | Substance Abuse Services, the Department of Corrections and the |
25 | Pennsylvania Board of Probation and Parole, shall establish |
26 | minimum standards, funding schedules and procedures for awarding |
27 | grants for the establishment of mental health court divisions, |
28 | which shall take into consideration, but not be limited to, the |
29 | following: |
30 | (1) Percentage of the incarcerated or supervised |
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1 | population with mental illness. |
2 | (2) Demonstrated ability to administer the program. |
3 | (3) Demonstrated ability to develop effective responses |
4 | to provide treatment and stability for persons with mental |
5 | illness. |
6 | (4) Demonstrated history of maximizing Federal, State, |
7 | local and private funding sources. |
8 | (5) Likelihood that the program will continue to operate |
9 | after State grant funding ends. |
10 | (g) Definitions.--As used in this section, the following |
11 | words and phrases shall have the meanings given to them in this |
12 | subsection: |
13 | "Mental illness." A diagnosable mental, behavioral or |
14 | emotional disorder that: |
15 | (1) is of sufficient duration to meet diagnostic |
16 | criteria within the most recent edition of the Diagnostic and |
17 | Statistical Manual of Mental Disorders published by the |
18 | American Psychiatric Association; and |
19 | (2) has resulted in functional impairment that |
20 | substantially interferes with or limits one or more major |
21 | life activities. |
22 | "Preliminarily qualified offender with mental illness." A |
23 | person who: |
24 | (1) previously or currently has been diagnosed by a |
25 | qualified mental health professional as having a mental |
26 | illness; or |
27 | (2) is deemed eligible by a designated judge. |
28 | Section 3. This act shall take effect in 60 days. |
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