Pa. Code 5100.92

Voluntary examination and treatment of a person charged with a crime or serving a sentence

This regulation establishes the procedures for voluntary examination and inpatient mental health treatment of individuals who are in criminal detention—either awaiting trial or serving a sentence—and believe they need psychiatric care. It outlines the required certifications, court approval process, security assessments, treatment planning obligations, reporting requirements, and discharge procedures for the receiving mental health facility. Facility operators must obtain court authorization, maintain appropriate security, report on the patient's condition every 30 days initially and then every 180 days, and coordinate with correctional authorities for transport and return if treatment ends or the patient withdraws consent.

55 Pa. Code § 5100.92 - Voluntary examination and treatment of a person charged with a crime or serving a sentence 

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(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.

Notes

55

 Pa. Code §
 
5100.92

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