Bill Text: PA SB193 | 2009-2010 | Regular Session | Introduced


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

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2009-02-02 - Referred to JUDICIARY [SB193 Detail]

Download: Pennsylvania-2009-SB193-Introduced.html

  

 

    

PRINTER'S NO.  162

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

193

Session of

2009

  

  

INTRODUCED BY PICCOLA, ORIE, BOSCOLA, BROWNE, WAUGH, LOGAN, WOZNIAK AND STACK, FEBRUARY 2, 2009

  

  

REFERRED TO JUDICIARY, FEBRUARY 2, 2009  

  

  

  

AN ACT

  

1

Amending Title 42 (Judiciary and Judicial Procedure) of the

2

Pennsylvania Consolidated Statutes, further providing for

3

court-ordered involuntary treatment of certain sexually

4

violent persons; and making editorial changes.

5

The General Assembly of the Commonwealth of Pennsylvania

6

hereby enacts as follows:

7

Section 1.  Chapter 64 of Title 42 of the Pennsylvania

8

Consolidated Statutes is amended by adding a subchapter heading

9

to read:

10

SUBCHAPTER A

11

CIVIL COMMITMENT OF SEXUALLY

12

VIOLENT DELINQUENT CHILDREN

13

Section 2.  Sections 6401, 6402, 6403(a), (b) and (c), 6405,

14

6406(a) and (b), 6407 and 6408 of Title 42 are amended to read:

15

§ 6401.  Scope of [chapter] subchapter.

16

This [chapter] subchapter establishes rights and procedures

17

for the civil commitment of sexually violent delinquent children

18

who, due to a mental abnormality or personality disorder, have

19

serious difficulty in controlling sexually violent behavior and

 


1

thereby pose a danger to the public and further provides for

2

additional periods of commitment for involuntary treatment for

3

said persons.

4

§ 6402.  Definitions.

5

The following words and phrases when used in this [chapter]

6

subchapter shall have the meanings given to them in this section

7

unless the context clearly indicates otherwise:

8

"Act of sexual violence."  Any conduct prohibited under the

9

following provisions of law:

10

(1)  18 Pa.C.S. § 3121 (relating to rape).

11

(2)  18 Pa.C.S. § 3123 (relating to involuntary deviate

12

sexual intercourse).

13

(3)  18 Pa.C.S. § 3124.1 (relating to sexual assault).

14

(4)  18 Pa.C.S. § 3125 (relating to aggravated indecent

15

assault).

16

(5)  18 Pa.C.S. § 3126 (relating to indecent assault).

17

(6)  18 Pa.C.S. § 4302 (relating to incest).

18

"Board."  The board as defined in section 6302 (relating to

19

definitions).

20

"County solicitor."  The solicitor appointed by the county

21

commissioners or a similar body in home rule counties.

22

"Department."  The Department of Public Welfare of the

23

Commonwealth.

24

"Mental abnormality."  A congenital or acquired condition of

25

a person affecting the person's emotional or volitional

26

capacity.

27

"Sexually violent delinquent child."  A person who has been

28

found delinquent for an act of sexual violence which if

29

committed by an adult would be a violation of 18 Pa.C.S. § 3121 

30

(relating to rape), 3123 (relating to involuntary deviate sexual

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1

intercourse), 3124.1 (relating to sexual assault), 3125

2

(relating to aggravated indecent assault), 3126 (relating to

3

indecent assault) or 4302 (relating to incest) and who has been

4

determined to be in need of commitment for involuntary treatment

5

under this [chapter] subchapter.

6

§ 6403.  Court-ordered involuntary treatment.

7

(a)  Persons subject to involuntary treatment.--A person may

8

be subject to court-ordered commitment for involuntary treatment

9

under this [chapter] subchapter if the person:

10

(1)  Has been adjudicated delinquent for an act of sexual

11

violence which if committed by an adult would be a violation

12

of 18 Pa.C.S. § 3121 (relating to rape), 3123 (relating to

13

involuntary deviate sexual intercourse), 3124.1 (relating to

14

sexual assault), 3125 (relating to aggravated indecent

15

assault), 3126 (relating to indecent assault) or 4302

16

(relating to incest).

17

(2)  Has been committed to an institution or other

18

facility pursuant to section 6352 (relating to disposition of

19

delinquent child) and remains in the institution or other

20

facility upon attaining 20 years of age.

21

(3)  Is in need of involuntary treatment due to a mental

22

abnormality or personality disorder which results in serious

23

difficulty in controlling sexually violent behavior that

24

makes the person likely to engage in an act of sexual

25

violence.

26

(b)  Procedures for initiating court-ordered involuntary

27

commitment.--

28

(1)  Where, pursuant to the provisions of section 6358(f)

29

(relating to assessment of delinquent children by the State

30

Sexual Offenders Assessment Board), the court determines that

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1

a prima facie case has been presented that the child is in

2

need of involuntary treatment under the provisions of this

3

[chapter] subchapter, the court shall order that a petition

4

be filed by the county solicitor or a designee before the

5

court having jurisdiction of the person pursuant to Chapter

6

63 (relating to juvenile matters).

7

(2)  The petition shall be in writing in a form adopted

8

by the department and shall set forth the facts constituting

9

reasonable grounds to believe the individual is within the

10

criteria for court-ordered involuntary treatment as set forth

11

in subsection (a). The petition shall include the assessment

12

of the person by the board as required in section 6358.

13

(3)  The court shall set a date for the hearing which

14

shall be held within 30 days of the filing of the petition

15

pursuant to paragraph (1) and direct the person to appear for

16

the hearing. A copy of the petition and notice of the hearing

17

date shall be served on the person, the attorney who

18

represented the person at the most recent dispositional

19

review hearing pursuant to section 6358(e) and the county

20

solicitor or a designee. The person and the attorney who

21

represented the person shall, along with copies of the

22

petition, also be provided with written notice advising that

23

the person has the right to counsel and that, if he cannot

24

afford one, counsel shall be appointed for the person.

25

(4)  The person shall be informed that the person has a

26

right to be assisted in the proceedings by an independent

27

expert in the field of sexually violent behavior. If the

28

person cannot afford to engage such an expert, the court

29

shall allow a reasonable fee for such purpose.

30

(c)  Hearing.--A hearing pursuant to this [chapter]

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1

subchapter shall be conducted as follows:

2

(1)  The person shall not be called as a witness without

3

the person's consent.

4

(2)  The person shall have the right to confront and

5

cross-examine all witnesses and to present evidence on the

6

person's own behalf.

7

(3)  The hearing shall be public.

8

(4)  A stenographic or other sufficient record shall be

9

made.

10

(5)  The hearing shall be conducted by the court.

11

(6)  A decision shall be rendered within five days after

12

the conclusion of the hearing.

13

* * *

14

§ 6405.  Right to counsel.

15

At each proceeding conducted pursuant to the provisions of

16

this [chapter] subchapter, the person who is the subject of the

17

proceeding shall have the right to assistance of counsel.

18

§ 6406.  Duty of Department of Public Welfare.

19

(a)  General rule.--The department shall have the duty to

20

provide a separate, secure State-owned facility or unit utilized

21

solely for the control, care and treatment of persons committed

22

pursuant to this [chapter] subchapter. The department shall be

23

responsible for all costs relating to the control, care and

24

treatment of persons committed to custody pursuant to this

25

[chapter] subchapter.

26

[(b)  Interim facility.--The department may designate a

27

State-owned facility or unit which currently receives children

28

who are adjudicated delinquent and committed under Chapter 63

29

(relating to juvenile matters) to receive individuals committed

30

under this chapter as long as these individuals are segregated

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1

at all times from children committed under Chapter 63. This

2

subsection shall expire July 1, 2006.]

3

* * *

4

§ 6407.  Regulations.

5

The department shall adopt in consultation with the Juvenile

6

Court Judges' Commission and the board such regulations as are

7

necessary to effectuate the provisions of this [chapter]

8

subchapter.

9

§ 6408.  Jurisdiction.

10

The court of common pleas for the county which entered the

11

order for commitment of the person for a delinquent act pursuant

12

to Chapter 63 (relating to juvenile matters) shall have

13

jurisdiction for proceedings under this [chapter] subchapter,

14

including subsequent proceedings.

15

Section 3.  Chapter 64 of Title 42 is amended by adding a

16

subchapter to read:

17

SUBCHAPTER B

18

CIVIL COMMITMENT OF

19

OTHER SEXUALLY VIOLENT PERSONS

20

Sec.

21

6421.  Scope of subchapter.

22

6422.  Definitions.

23

6423.  Involuntary treatment.

24

6424.  Assessments.

25

6425.  Procedures for initiating court-ordered involuntary

26

commitment.

27

6426.  Duration of commitment and review.

28

6427.  Right to counsel.

29

6428.  Duty of Department of Public Welfare.

30

6429.  Regulations.

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1

6430.  Jurisdiction.

2

6431.  Immunity for good faith conduct.

3

§ 6421.  Scope of subchapter.

4

This subchapter establishes rights and procedures for the

5

civil commitment of sexually violent persons who, due to a

6

mental abnormality or personality disorder, have serious

7

difficulty in controlling sexually violent behavior and thereby

8

pose a danger to the public and further provides for additional

9

periods of commitment for involuntary treatment for said

10

persons.

11

§ 6422.  Definitions.

12

The following words and phrases when used in this subchapter

13

shall have the meanings given to them in this section unless the

14

context clearly indicates otherwise:

15

"Act of sexual violence."  Any conduct prohibited under the

16

following provisions of law:

17

18 Pa.C.S. § 3121 (relating to rape).

18

18 Pa.C.S. § 3123 (relating to involuntary deviate sexual

19

intercourse).

20

18 Pa.C.S. § 3124.1 (relating to sexual assault).

21

18 Pa.C.S. § 3125 (relating to aggravated indecent

22

assault).

23

18 Pa.C.S. § 3126 (relating to indecent assault).

24

18 Pa.C.S. § 4302 (relating to incest).

25

"Board."  The board as defined in section 6302 (relating to

26

definitions).

27

"County solicitor."  The solicitor appointed by the county

28

commissioners or a similar body in home rule counties.

29

"Court."  The court of common pleas.

30

"Department."  The Department of Public Welfare of the

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1

Commonwealth.

2

"Mental abnormality."  A congenital or acquired condition of

3

a person affecting the person's emotional or volitional

4

capacity.

5

"Sexually violent person."  A person who has been convicted

6

for a violation of 18 Pa.C.S. § 3121 (relating to rape), 3123

7

(relating to involuntary deviate sexual intercourse), 3124.1

8

(relating to sexual assault), 3125 (relating to aggravated

9

indecent assault), 3126 (relating to indecent assault) or 4302

10

(relating to incest) and who has been determined to be in need

11

of commitment for involuntary treatment under this subchapter.

12

§ 6423.  Involuntary treatment.

13

A person may be subject to court-ordered commitment for

14

involuntary treatment under this subchapter if the person:

15

(1)  Has been convicted for a violation of 18 Pa.C.S. §

16

3121 (relating to rape), 3123 (relating to involuntary

17

deviate sexual intercourse), 3124.1 (relating to sexual

18

assault), 3125 (relating to aggravated indecent assault),

19

3126 (relating to indecent assault) or 4302 (relating to

20

incest) and has been sentenced to a term of imprisonment,

21

where the maximum sentence will expire in 18 months.

22

(2)  Is in need of involuntary treatment due to a mental

23

abnormality or personality disorder which results in serious

24

difficulty in controlling sexually violent behavior that

25

makes the person likely to engage in an act of sexual

26

violence.

27

§ 6424.  Assessments.

28

(a)  Duty of State Sexual Offender Assessment Board.--A

29

person who has been convicted for a violation of 18 Pa.C.S. §

30

3121 (relating to rape), 3123 (relating to involuntary deviate

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1

sexual intercourse), 3124.1 (relating to sexual assault), 3125

2

(relating to aggravated indecent assault), 3126 (relating to

3

indecent assault) or 4302 (relating to incest) who has been

4

sentenced to a term of imprisonment, the maximum sentence of

5

which will expire in 18 months, shall be subject to an

6

assessment of the board for the purpose of determining whether

7

the person is in need of involuntary treatment due to mental

8

abnormality as defined in section 6422 (relating to definitions)

9

or a personality disorder, either of which results in serious

10

difficulty in controlling sexually violent behavior.

11

(b)  Duty of Department of Corrections.--Eighteen months

12

prior to the expiration of the maximum sentence of the person,

13

the Department of Corrections shall have the duty to notify the

14

board of the status of the person, the treatment history of the

15

person and the institution where the person is incarcerated.

16

(c)  Assessment.--The board shall conduct an assessment,

17

which shall include the board's determination of whether or not

18

the person is in need of commitment for involuntary treatment

19

due to a mental abnormality as defined in section 6422 or a

20

personality disorder, either of which results in serious

21

difficulty in controlling sexually violent behavior. Upon the

22

completion of the assessment pursuant to this section, the board

23

shall provide the assessment to the county solicitor of the

24

county from which the person was sentenced for the act of sexual

25

violence.

26

§ 6425.  Procedures for initiating court-ordered involuntary

27

commitment.

28

(a)  Petition to be filed.--

29

(1)  Where, upon review of the assessment provided

30

pursuant to section 6424 (relating to assessments), the

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county solicitor determines that there is sufficient evidence

2

that the person is in need of involuntary treatment under the

3

provisions of this subchapter, the solicitor shall file a

4

petition under this section.

5

(2)  The petition shall be in writing in a form adopted

6

by the department and shall set forth the facts constituting

7

reasonable grounds to believe the person is within the

8

criteria for court-ordered involuntary treatment as set forth

9

in this subsection. The petition shall include the assessment

10

of the person by the board as required in section 6424.

11

(3)  The court shall set a date for the hearing, which

12

shall be held within 30 days of the filing of the petition

13

under paragraph (1), and direct the person to appear for the

14

hearing. A copy of the petition and notice of the hearing

15

date shall be served on the person, the attorney who

16

represented the person and the county solicitor or a

17

designee. The person and the attorney who represented the

18

person shall, along with copies of the petition, also be

19

provided with written notice advising that the person has the

20

right to counsel and that, if the person cannot afford one,

21

counsel shall be appointed for the person.

22

(4)  The person shall be informed that the person has a

23

right to be assisted in the proceedings by an independent

24

expert in the field of sexually violent behavior. If the

25

person cannot afford to engage such an expert, the court

26

shall allow a reasonable fee for such purpose.

27

(b)  Hearing.--A hearing pursuant to this subchapter shall be

28

conducted as follows:

29

(1)  The person shall not be called as a witness without

30

the person's consent.

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1

(2)  The person shall have the right to confront and

2

cross-examine all witnesses and to present evidence on the

3

person's own behalf.

4

(3)  The hearing shall be public.

5

(4)  A stenographic or other sufficient record shall be

6

made.

7

(5)  The hearing shall be conducted by the court.

8

(6)  A decision shall be rendered within five days after

9

the conclusion of the hearing.

10

(c)  Determination and order.--Upon a finding by clear and

11

convincing evidence that the person has a mental abnormality or

12

personality disorder which results in serious difficulty in

13

controlling sexually violent behavior that makes the person

14

likely to engage in an act of sexual violence, an order shall be

15

entered directing the immediate commitment of the person for

16

inpatient involuntary treatment to a facility designated by the

17

department. The order shall be in writing and shall be

18

consistent with the protection of the public safety and the

19

appropriate control, care and treatment of the person. An appeal

20

shall not stay the execution of the order.

21

§ 6426.  Duration of commitment and review.

22

(a)  Initial period of commitment.--The person shall be

23

subject to a period of commitment for inpatient treatment for

24

one year.

25

(b)  Annual review.--

26

(1)  Sixty days prior to the expiration of the one-year

27

commitment period, the director of the facility or a designee

28

shall submit an evaluation, and the board shall submit an

29

assessment of the person to the court.

30

(2)  The court shall schedule a review hearing which

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1

shall be conducted under section 6403(c) (relating to court-

2

ordered involuntary treatment) and which shall be held no

3

later than 30 days after receipt of both the evaluation and

4

the assessment under paragraph (1). Notice of the review

5

hearing shall be provided to the person, the attorney who

6

represented the person at the previous hearing held under

7

this subsection or section 6425 (relating to procedures for

8

initiating court-ordered involuntary commitment), the

9

district attorney and the county solicitor or a designee. The

10

person and the person's attorney shall also be provided with

11

written notice advising that the person has the right to

12

counsel and that, if the person cannot afford one, counsel

13

shall be appointed for the person. If the court determines by

14

clear and convincing evidence that the person continues to

15

have serious difficulty controlling sexually violent behavior

16

due to a mental abnormality or personality disorder that

17

makes the person likely to engage in an act of sexual

18

violence, the court shall order an additional period of

19

involuntary treatment of one year; otherwise, the court shall

20

order the discharge of the person. The order shall be in

21

writing and shall be consistent with the protection of the

22

public safety and appropriate control, care and treatment of

23

the person.

24

(c)  Discharge.--

25

(1)  If, at any time, the director or a designee of the

26

facility to which the person was committed concludes that the

27

person no longer has serious difficulty in controlling

28

sexually violent behavior, the director shall petition the

29

court for a hearing. Notice of the petition shall be given to

30

the person, the attorney who represented the person at the

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1

previous hearing held under subsection (b) or section 6403,

2

the board, the district attorney and the county solicitor.

3

The person and the person's attorney shall also be provided

4

with written notice advising that the person has the right to

5

counsel and that, if the person cannot afford one, counsel

6

shall be appointed for the person.

7

(2)  Upon receipt of notice under paragraph (1), the

8

board shall conduct a new assessment within 30 days and

9

provide that assessment to the court.

10

(3)  Within 15 days after the receipt of the assessment

11

from the board, the court shall hold a hearing under section

12

6425. If the court determines by clear and convincing

13

evidence that the person continues to have serious difficulty

14

controlling sexually violent behavior due to a mental

15

abnormality or personality disorder that makes the person

16

likely to engage in an act of sexual violence, the court

17

shall order that the person be subject to the remainder of

18

the period of commitment. Otherwise, the court shall order

19

the discharge of the person.

20

(4)  The department shall provide the person with notice

21

of the person's right to petition the court for discharge

22

over the objection of the department. The court, after review

23

of the petition, may schedule a hearing under section 6425.

24

§ 6427.  Right to counsel.

25

At each proceeding conducted under the provisions of this

26

subchapter, the person who is the subject of the proceeding

27

shall have the right to assistance of counsel.

28

§ 6428.  Duty of Department of Public Welfare.

29

(a)  General rule.--The department shall have the duty to

30

provide a separate, secure State-owned facility or unit utilized

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1

solely for the control, care and treatment of persons committed

2

under this subchapter. The department shall be responsible for

3

all costs relating to the control, care and treatment of persons

4

committed to custody under this subchapter.

5

(b)  Treatment plans.--The department, in consultation with

6

the board, shall develop policies and procedures for providing

7

individualized treatment and discharge plans based on clinical

8

guidelines and professional standards in the fields of sexual

9

offender treatment and mental health.

10

§ 6429.  Regulations.

11

The department shall adopt, in consultation with the board,

12

such regulations as are necessary to effectuate the provisions

13

of this subchapter.

14

§ 6430.  Jurisdiction.

15

The court of common pleas for the county which entered the

16

sentence of the person for the act of sexual violence shall have

17

jurisdiction for proceedings under this subchapter, including

18

subsequent proceedings.

19

§ 6431.  Immunity for good faith conduct.

20

The following entities shall be immune from liability for

21

good faith conduct under this subchapter:

22

(1)  Members of the board and its agents and employees.

23

(2)  The department and its agents and employees.

24

(3)  County probation departments and their agents and

25

employees.

26

Section 4.  This act shall take effect in 60 days.

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