Bill Text: PA SB229 | 2011-2012 | Regular Session | Introduced

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Bill Title: Further providing for court-ordered involuntary treatment of certain sexually violent persons; and making editorial changes.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-01-24 - Referred to JUDICIARY [SB229 Detail]

Download: Pennsylvania-2011-SB229-Introduced.html

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PRINTER'S NO. 198
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 229 Session of2011
INTRODUCED BY PICCOLA, ORIE, BROWNE, TARTAGLIONE, BOSCOLA, EICHELBERGER, STACK, WOZNIAK AND RAFFERTY, JANUARY 24, 2011
REFERRED TO JUDICIARY, JANUARY 24, 2011
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, further providing for
court-ordered involuntary treatment of certain sexually
violent persons; and making editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Chapter 64 of Title 42 of the Pennsylvania
Consolidated Statutes is amended by adding a subchapter heading
to read:
SUBCHAPTER A
CIVIL COMMITMENT OF SEXUALLY
VIOLENT DELINQUENT CHILDREN
Section 2. Sections 6401, 6402, 6403(a), (b) and (c), 6405,
6406(a) and (b), 6407 and 6408 of Title 42 are amended to read:
§ 6401. Scope of [chapter] subchapter.
This [chapter] subchapter establishes rights and procedures
for the civil commitment of sexually violent delinquent children
who, due to a mental abnormality or personality disorder, have
serious difficulty in controlling sexually violent behavior and
thereby pose a danger to the public and further provides for
additional periods of commitment for involuntary treatment for
said persons.
§ 6402. Definitions.
The following words and phrases when used in this [chapter]
subchapter shall have the meanings given to them in this section
unless the context clearly indicates otherwise:
"Act of sexual violence." Any conduct prohibited under the
following provisions of law:
(1) 18 Pa.C.S. § 3121 (relating to rape).
(2) 18 Pa.C.S. § 3123 (relating to involuntary deviate
sexual intercourse).
(3) 18 Pa.C.S. § 3124.1 (relating to sexual assault).
(4) 18 Pa.C.S. § 3125 (relating to aggravated indecent
assault).
(5) 18 Pa.C.S. § 3126 (relating to indecent assault).
(6) 18 Pa.C.S. § 4302 (relating to incest).
"Board." The board as defined in section 6302 (relating to
definitions).
"County solicitor." The solicitor appointed by the county
commissioners or a similar body in home rule counties.
"Department." The Department of Public Welfare of the
Commonwealth.
"Mental abnormality." A congenital or acquired condition of
a person affecting the person's emotional or volitional
capacity.
"Sexually violent delinquent child." A person who has been
found delinquent for an act of sexual violence which if
committed by an adult would be a violation of 18 Pa.C.S. § 3121
(relating to rape), 3123 (relating to involuntary deviate sexual
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intercourse), 3124.1 (relating to sexual assault), 3125
(relating to aggravated indecent assault), 3126 (relating to
indecent assault) or 4302 (relating to incest) and who has been
determined to be in need of commitment for involuntary treatment
under this [chapter] subchapter.
§ 6403. Court-ordered involuntary treatment.
(a) Persons subject to involuntary treatment.--A person may
be subject to court-ordered commitment for involuntary treatment
under this [chapter] subchapter if the person:
(1) Has been adjudicated delinquent for an act of sexual
violence which if committed by an adult would be a violation
of 18 Pa.C.S. § 3121 (relating to rape), 3123 (relating to
involuntary deviate sexual intercourse), 3124.1 (relating to
sexual assault), 3125 (relating to aggravated indecent
assault), 3126 (relating to indecent assault) or 4302
(relating to incest).
(2) Has been committed to an institution or other
facility pursuant to section 6352 (relating to disposition of
delinquent child) and remains in the institution or other
facility upon attaining 20 years of age.
(3) Is in need of involuntary treatment due to a mental
abnormality or personality disorder which results in serious
difficulty in controlling sexually violent behavior that
makes the person likely to engage in an act of sexual
violence.
(b) Procedures for initiating court-ordered involuntary
commitment.--
(1) Where, pursuant to the provisions of section 6358(f)
(relating to assessment of delinquent children by the State
Sexual Offenders Assessment Board), the court determines that
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a prima facie case has been presented that the child is in
need of involuntary treatment under the provisions of this
[chapter] subchapter, the court shall order that a petition
be filed by the county solicitor or a designee before the
court having jurisdiction of the person pursuant to Chapter
63 (relating to juvenile matters).
(2) The petition shall be in writing in a form adopted
by the department and shall set forth the facts constituting
reasonable grounds to believe the individual is within the
criteria for court-ordered involuntary treatment as set forth
in subsection (a). The petition shall include the assessment
of the person by the board as required in section 6358.
(3) The court shall set a date for the hearing which
shall be held within 30 days of the filing of the petition
pursuant to paragraph (1) and direct the person to appear for
the hearing. A copy of the petition and notice of the hearing
date shall be served on the person, the attorney who
represented the person at the most recent dispositional
review hearing pursuant to section 6358(e) and the county
solicitor or a designee. The person and the attorney who
represented the person shall, along with copies of the
petition, also be provided with written notice advising that
the person has the right to counsel and that, if he cannot
afford one, counsel shall be appointed for the person.
(4) The person shall be informed that the person has a
right to be assisted in the proceedings by an independent
expert in the field of sexually violent behavior. If the
person cannot afford to engage such an expert, the court
shall allow a reasonable fee for such purpose.
(c) Hearing.--A hearing pursuant to this [chapter]
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subchapter shall be conducted as follows:
(1) The person shall not be called as a witness without
the person's consent.
(2) The person shall have the right to confront and
cross-examine all witnesses and to present evidence on the
person's own behalf.
(3) The hearing shall be public.
(4) A stenographic or other sufficient record shall be
made.
(5) The hearing shall be conducted by the court.
(6) A decision shall be rendered within five days after
the conclusion of the hearing.
* * *
§ 6405. Right to counsel.
At each proceeding conducted pursuant to the provisions of
this [chapter] subchapter, the person who is the subject of the
proceeding shall have the right to assistance of counsel.
§ 6406. Duty of Department of Public Welfare.
(a) General rule.--The department shall have the duty to
provide a separate, secure State-owned facility or unit utilized
solely for the control, care and treatment of persons committed
pursuant to this [chapter] subchapter. The department shall be
responsible for all costs relating to the control, care and
treatment of persons committed to custody pursuant to this
[chapter] subchapter.
[(b) Interim facility.--The department may designate a
State-owned facility or unit which currently receives children
who are adjudicated delinquent and committed under Chapter 63
(relating to juvenile matters) to receive individuals committed
under this chapter as long as these individuals are segregated
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at all times from children committed under Chapter 63. This
subsection shall expire July 1, 2006.]
* * *
§ 6407. Regulations.
The department shall adopt in consultation with the Juvenile
Court Judges' Commission and the board such regulations as are
necessary to effectuate the provisions of this [chapter]
subchapter.
§ 6408. Jurisdiction.
The court of common pleas for the county which entered the
order for commitment of the person for a delinquent act pursuant
to Chapter 63 (relating to juvenile matters) shall have
jurisdiction for proceedings under this [chapter] subchapter,
including subsequent proceedings.
Section 3. Chapter 64 of Title 42 is amended by adding a
subchapter to read:
SUBCHAPTER B
CIVIL COMMITMENT OF
OTHER SEXUALLY VIOLENT PERSONS
Sec.
6421. Scope of subchapter.
6422. Definitions.
6423. Involuntary treatment.
6424. Assessments.
6425. Procedures for initiating court-ordered involuntary
commitment.
6426. Duration of commitment and review.
6427. Right to counsel.
6428. Duty of Department of Public Welfare.
6429. Regulations.
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6430. Jurisdiction.
6431. Immunity for good faith conduct.
§ 6421. Scope of subchapter.
This subchapter establishes rights and procedures for the
civil commitment of sexually violent persons who, due to a
mental abnormality or personality disorder, have serious
difficulty in controlling sexually violent behavior and thereby
pose a danger to the public and further provides for additional
periods of commitment for involuntary treatment for said
persons.
§ 6422. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Act of sexual violence." Any conduct prohibited under the
following provisions of law:
18 Pa.C.S. § 3121 (relating to rape).
18 Pa.C.S. § 3123 (relating to involuntary deviate sexual
intercourse).
18 Pa.C.S. § 3124.1 (relating to sexual assault).
18 Pa.C.S. § 3125 (relating to aggravated indecent
assault).
18 Pa.C.S. § 3126 (relating to indecent assault).
18 Pa.C.S. § 4302 (relating to incest).
"Board." The board as defined in section 6302 (relating to
definitions).
"County solicitor." The solicitor appointed by the county
commissioners or a similar body in home rule counties.
"Court." The court of common pleas.
"Department." The Department of Public Welfare of the
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Commonwealth.
"Mental abnormality." A congenital or acquired condition of
a person affecting the person's emotional or volitional
capacity.
"Sexually violent person." A person who has been convicted
for a violation of 18 Pa.C.S. § 3121 (relating to rape), 3123
(relating to involuntary deviate sexual intercourse), 3124.1
(relating to sexual assault), 3125 (relating to aggravated
indecent assault), 3126 (relating to indecent assault) or 4302
(relating to incest) and who has been determined to be in need
of commitment for involuntary treatment under this subchapter.
§ 6423. Involuntary treatment.
A person may be subject to court-ordered commitment for
involuntary treatment under this subchapter if the person:
(1) Has been convicted for a violation of 18 Pa.C.S. §
3121 (relating to rape), 3123 (relating to involuntary
deviate sexual intercourse), 3124.1 (relating to sexual
assault), 3125 (relating to aggravated indecent assault),
3126 (relating to indecent assault) or 4302 (relating to
incest) and has been sentenced to a term of imprisonment,
where the maximum sentence will expire in 18 months.
(2) Is in need of involuntary treatment due to a mental
abnormality or personality disorder which results in serious
difficulty in controlling sexually violent behavior that
makes the person likely to engage in an act of sexual
violence.
§ 6424. Assessments.
(a) Duty of State Sexual Offender Assessment Board.--A
person who has been convicted for a violation of 18 Pa.C.S. §
3121 (relating to rape), 3123 (relating to involuntary deviate
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sexual intercourse), 3124.1 (relating to sexual assault), 3125
(relating to aggravated indecent assault), 3126 (relating to
indecent assault) or 4302 (relating to incest) who has been
sentenced to a term of imprisonment, the maximum sentence of
which will expire in 18 months, shall be subject to an
assessment of the board for the purpose of determining whether
the person is in need of involuntary treatment due to mental
abnormality as defined in section 6422 (relating to definitions)
or a personality disorder, either of which results in serious
difficulty in controlling sexually violent behavior.
(b) Duty of Department of Corrections.--Eighteen months
prior to the expiration of the maximum sentence of the person,
the Department of Corrections shall have the duty to notify the
board of the status of the person, the treatment history of the
person and the institution where the person is incarcerated.
(c) Assessment.--The board shall conduct an assessment,
which shall include the board's determination of whether or not
the person is in need of commitment for involuntary treatment
due to a mental abnormality as defined in section 6422 or a
personality disorder, either of which results in serious
difficulty in controlling sexually violent behavior. Upon the
completion of the assessment under this section, the board shall
provide the assessment to the county solicitor of the county
from which the person was sentenced for the act of sexual
violence.
§ 6425. Procedures for initiating court-ordered involuntary
commitment.
(a) Petition to be filed.--
(1) If, upon review of the assessment provided pursuant
to section 6424 (relating to assessments), the county
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solicitor determines that there is sufficient evidence that
the person is in need of involuntary treatment under this
subchapter, the solicitor shall file a petition under this
section.
(2) The petition shall be in writing in a form adopted
by the department and shall set forth the facts constituting
reasonable grounds to believe the person is within the
criteria for court-ordered involuntary treatment under this
subsection. The petition shall include the assessment of the
person by the board as required under section 6424.
(3) The court shall set a date for the hearing, which
shall be held within 30 days of the filing of the petition
under paragraph (1), and direct the person to appear for the
hearing. A copy of the petition and notice of the hearing
date shall be served on the person, the attorney who
represented the person and the county solicitor or a
designee. The person and the attorney who represented the
person shall, along with copies of the petition, also be
provided with written notice advising that the person has the
right to counsel and that, if the person cannot afford one,
counsel shall be appointed for the person.
(4) The person shall be informed that the person has a
right to be assisted in the proceedings by an independent
expert in the field of sexually violent behavior. If the
person cannot afford to engage the expert, the court shall
allow a reasonable fee for that purpose.
(b) Hearing.--A hearing under this subchapter shall be
conducted as follows:
(1) The person shall not be called as a witness without
the person's consent.
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(2) The person shall have the right to confront and
cross-examine all witnesses and to present evidence on the
person's own behalf.
(3) The hearing shall be public.
(4) A stenographic or other sufficient record shall be
made.
(5) The hearing shall be conducted by the court.
(6) A decision shall be rendered within five days after
the conclusion of the hearing.
(c) Determination and order.--Upon a finding by clear and
convincing evidence that the person has a mental abnormality or
personality disorder which results in serious difficulty in
controlling sexually violent behavior that makes the person
likely to engage in an act of sexual violence, an order shall be
entered directing the immediate commitment of the person for
inpatient involuntary treatment to a facility designated by the
department. The order shall be in writing and shall be
consistent with the protection of the public safety and the
appropriate control, care and treatment of the person. An appeal
shall not stay the execution of the order.
§ 6426. Duration of commitment and review.
(a) Initial period of commitment.--The person shall be
subject to a period of commitment for inpatient treatment for
one year.
(b) Annual review.--
(1) Sixty days prior to the expiration of the one-year
commitment period, the director of the facility or a designee
shall submit an evaluation, and the board shall submit an
assessment of the person to the court.
(2) The court shall schedule a review hearing which
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shall be conducted under section 6403(c) (relating to court-
ordered involuntary treatment) and which shall be held no
later than 30 days after receipt of both the evaluation and
the assessment under paragraph (1). Notice of the review
hearing shall be provided to the person, the attorney who
represented the person at the previous hearing held under
this subsection or section 6425 (relating to procedures for
initiating court-ordered involuntary commitment), the
district attorney and the county solicitor or a designee. The
person and the person's attorney shall also be provided with
written notice advising that the person has the right to
counsel and that, if the person cannot afford one, counsel
shall be appointed for the person. If the court determines by
clear and convincing evidence that the person continues to
have serious difficulty controlling sexually violent behavior
due to a mental abnormality or personality disorder that
makes the person likely to engage in an act of sexual
violence, the court shall order an additional period of
involuntary treatment of one year or, if the person does not
continue to have serious difficulty, the court shall order
the discharge of the person. The order shall be in writing
and shall be consistent with the protection of the public
safety and appropriate control, care and treatment of the
person.
(c) Discharge.--
(1) If, at any time, the director or a designee of the
facility to which the person was committed concludes that the
person no longer has serious difficulty in controlling
sexually violent behavior, the director shall petition the
court for a hearing. Notice of the petition shall be given to
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the person, the attorney who represented the person at the
previous hearing held under subsection (b) or section 6403,
the board, the district attorney and the county solicitor.
The person and the person's attorney shall also be provided
with written notice advising that the person has the right to
counsel and that, if the person cannot afford one, counsel
shall be appointed for the person.
(2) Upon receipt of notice under paragraph (1), the
board shall conduct a new assessment within 30 days and
provide that assessment to the court.
(3) Within 15 days after the receipt of the assessment
from the board, the court shall hold a hearing under section
6425. If the court determines by clear and convincing
evidence that the person continues to have serious difficulty
controlling sexually violent behavior due to a mental
abnormality or personality disorder that makes the person
likely to engage in an act of sexual violence, the court
shall order that the person be subject to the remainder of
the period of commitment. If the person does not continue to
have serious difficulty, the court shall order the discharge
of the person.
(4) The department shall provide the person with notice
of the person's right to petition the court for discharge
over the objection of the department. The court, after review
of the petition, may schedule a hearing under section 6425.
§ 6427. Right to counsel.
At each proceeding conducted under the provisions of this
subchapter, the person who is the subject of the proceeding
shall have the right to assistance of counsel.
§ 6428. Duty of Department of Public Welfare.
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(a) General rule.--The department shall have the duty to
provide a separate, secure State-owned facility or unit utilized
solely for the control, care and treatment of persons committed
under this subchapter. The department shall be responsible for
all costs relating to the control, care and treatment of persons
committed to custody under this subchapter.
(b) Treatment plans.--The department, in consultation with
the board, shall develop policies and procedures for providing
individualized treatment and discharge plans based on clinical
guidelines and professional standards in the fields of sexual
offender treatment and mental health.
§ 6429. Regulations.
The department shall adopt, in consultation with the board,
such regulations as are necessary to effectuate the provisions
of this subchapter.
§ 6430. Jurisdiction.
The court of common pleas for the county which entered the
sentence of the person for the act of sexual violence shall have
jurisdiction for proceedings under this subchapter, including
subsequent proceedings.
§ 6431. Immunity for good faith conduct.
The following entities shall be immune from liability for
good faith conduct under this subchapter:
(1) Members of the board and its agents and employees.
(2) The department and its agents and employees.
(3) County probation departments and their agents and
employees.
Section 4. This act shall take effect in 60 days.
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