Bill Text: PA SB11 | 2009-2010 | Regular Session | Introduced

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Bill Title: Providing for security reports of mental health and mental retardation facilities; and imposing a civil penalty.

Spectrum: Moderate Partisan Bill (Democrat 7-2)

Status: (Introduced - Dead) 2009-03-02 - Referred to PUBLIC HEALTH AND WELFARE [SB11 Detail]

Download: Pennsylvania-2009-SB11-Introduced.html

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PRINTER'S NO. 451
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 11 Session of2009
INTRODUCED BY MELLOW, HUGHES, MUSTO, KITCHEN, STOUT, PILEGGI, KASUNIC, WAUGH AND BOSCOLA, MARCH 2, 2009
REFERRED TO PUBLIC HEALTH AND WELFARE, MARCH 2, 2009
AN ACT
Providing for security reports of mental health and mental
retardation facilities; and imposing a civil penalty.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Mental Health
and Mental Retardation Facility Security Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Facility." A mental health or mental retardation facility
that receives public funds. The term includes any mental health
establishment, hospital, clinic, institution, center, day-care
center or other organizational unit or part thereof that is
primarily devoted to the treatment of persons with mental
illness or mental retardation.
"Public funds." Includes Federal, State and local funds and
medical assistance and Medicare funds.
Section 3. Facility security reports required.
A facility shall each year prepare, publish and distribute a
security report. The report shall be disseminated through
appropriate publications or mailings to the following:
(1) Current patients, guardians of patients and parents
of minor patients.
(2) Facility employees.
(3) The chairman and minority chairman of the Public
Health and Welfare Committee of the Senate.
(4) The chairman and minority chairman of the Health and
Human Services Committee of the House of Representatives.
(5) The Attorney General.
(6) The Secretary of Public Welfare.
(7) Pennsylvania Protection and Advocacy, Incorporated.
Section 4. Contents of report.
The security report shall contain the following information:
(1) Current policies of the facility regarding
procedures for patients and others to report criminal action
involving patients.
(2) A description of the type and frequency of programs
designed to inform employees about facility security
procedures and practices to encourage patients and employees
to be responsible for their own security and the security of
others.
(3) Statistics during the most recent calendar year and
the two preceding calendar years for which data are available
concerning the occurrence in the facility or on its premises
of the following crimes and attempts thereof:
(i) homicide;
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(ii) any sexual offense;
(iii) harassment;
(iv) robbery; and
(v) simple assault and aggravated assault.
Section 5. Report of crimes.
A facility shall report any crime under section 4(3) within
48 hours of its occurrence to the victim's guardian or the
parent or guardian of a minor patient victim if the crime is
considered to be a threat to any patient or employee and is
reported to a police agency.
Section 6. Maintenance of daily log.
(a) General rule.--A facility that maintains a police or
security department of any kind shall make, keep and maintain a
daily log, written in a form that can be easily understood,
recording all crimes reported to that police or security
department, including:
(1) The nature, date, time and general location of each
crime.
(2) The disposition of the complaint, if known.
(b) Public inspection.--Daily log entries shall be available
for inspection by the public, except that a facility shall
withhold from public inspection the name of any patient that is
a part of such record.
Section 7. Civil penalty.
The Department of Public Welfare may assess a civil penalty
of not more than $1,000 upon a person for each violation of this
act.
Section 8. Effective date.
This act shall take effect in 60 days.
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