Bill Text: PA SB408 | 2009-2010 | Regular Session | Introduced

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Bill Title: Providing for a mental health court division.

Spectrum: Slight Partisan Bill (Democrat 10-4)

Status: (Introduced - Dead) 2009-02-20 - Referred to JUDICIARY [SB408 Detail]

Download: Pennsylvania-2009-SB408-Introduced.html

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PRINTER'S NO. 409
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 408 Session of2009
INTRODUCED BY LEACH, WASHINGTON, LOGAN, ERICKSON, HUGHES, KITCHEN, EARLL, O'PAKE, BOSCOLA, STACK, GREENLEAF, COSTA, WONDERLING AND TARTAGLIONE, FEBRUARY 20, 2009
REFERRED TO JUDICIARY, FEBRUARY 20, 2009
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, providing for a mental
health court division.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 951 of Title 42 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 951. Court divisions.
(a) Philadelphia County.--The Court of Common Pleas of
Philadelphia County shall have the following divisions:
(1) Trial division.
(2) Orphans' court division.
(3) Family court division.
(b) Allegheny County.--The Court of Common Pleas of
Allegheny County shall have the following divisions:
(1) Civil division.
(2) Criminal division.
(3) Orphans' court division.
(4) Family division.
(c) Other separate orphans' court divisions.--The courts of
common pleas of Beaver, Berks, Bucks, Cambria, Chester, Dauphin,
Delaware, Erie, Fayette, Lackawanna, Lancaster, Lehigh, Luzerne,
Montgomery, Schuylkill, Washington, Westmoreland and York
counties shall each have a separate orphans' court division.
(d) Judicial districts having no separate orphans' court
division.--In each judicial district having no separate orphans'
court division, there shall be an orphans' court division
composed of the court of common pleas of that judicial district.
(e) Change in size of divisions.--The number of judges
constituting a division may be increased or reduced by order of
the governing authority.
(f) Mental health court division.--The court of common pleas
of any county or judicial district may establish a separate
mental health court division.
Section 2. Title 42 is amended by adding a section to read:
§ 954. Mental health court divisions.
(a) Mental health court division.--The court of common pleas
of any county or judicial district may apply for a grant to
establish a mental health court division.
(b) Objectives.--The mental health court division shall have
the following objectives:
(1) Increased cooperation between the criminal justice
and mental health systems.
(2) Faster case processing time.
(3) Improved access to necessary services and support.
(4) Increased services for offenders with mental
illness.
(5) Reduced recidivism.
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(6) Continued judicial supervision, including periodic
review of preliminarily qualified offenders with mental
illness who are charged with misdemeanors or nonviolent
offenses.
(7) Coordinated delivery of services, including:
(i) Specialized training of law enforcement and
judicial personnel to identify and address the needs of a
mentally ill offender.
(ii) Voluntary outpatient or inpatient treatment, in
the least restrictive manner appropriate, as determined
by the court, that carries with it the possibility of
dismissal of charges or reduced sentencing upon
successful completion of treatment.
(iii) Centralized case management involving the
consolidation of all of a mentally ill person's cases,
including violations of probation, and the coordination
of all mental health treatment plans and social services,
including life skills training, such as housing
placement, vocational training, education, job placement,
health care and relapse prevention for each participant
who requires such services.
(iv) Continuing supervision of treatment plan
compliance for a term not to exceed the maximum allowable
sentence or probation for the charged relevant offense
and, to the extent practicable, continuity of psychiatric
care at the end of the supervised period.
(c) Contact.--The mental health court division shall provide
a single point of contact where a defendant with a mental
illness may receive court-ordered treatment and support services
in connection with a diversion from prosecution, a sentencing
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alternative or a term of probation or parole.
(d) Criteria.--A court of common pleas that establishes a
mental health court pursuant to this section may provide the
following through the adoption of local rules:
(1) Referral to the mental health division.
(2) Acceptance, participation and completion of mental
health court programs.
(3) Utilization of designated staff, including, but not
limited to, a judge of the court of common pleas, mental
health review officer, prosecutor, public defender, county
mental health liaison and probation officer.
(4) Initial and ongoing training for designated staff,
as needed, on the nature of mental illness and on the
treatment and supportive services available in the community.
(5) Utilization of community mental health providers and
other agencies to offer defendants access to individualized
treatment services.
(e) Application of law.--Proceedings conducted by a judge of
the court of common pleas or a mental health review officer
pursuant to Article IV of the act of July 9, 1976 (P.L.817, No.
143), known as the Mental Health Procedures Act, shall be
conducted by the mental health court division.
(f) Grants.--The Administrative Office, in consultation with
the Department of Public Welfare Office of Mental Health and
Substance Abuse Services, the Department of Corrections and the
Pennsylvania Board of Probation and Parole, shall establish
minimum standards, funding schedules and procedures for awarding
grants for the establishment of mental health court divisions,
which shall take into consideration, but not be limited to, the
following:
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(1) Percentage of the incarcerated or supervised
population with mental illness.
(2) Demonstrated ability to administer the program.
(3) Demonstrated ability to develop effective responses
to provide treatment and stability for persons with mental
illness.
(4) Demonstrated history of maximizing Federal, State,
local and private funding sources.
(5) Likelihood that the program will continue to operate
after State grant funding ends.
(g) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Mental illness." A diagnosable mental, behavioral or
emotional disorder that:
(1) is of sufficient duration to meet diagnostic
criteria within the most recent edition of the Diagnostic and
Statistical Manual of Mental Disorders published by the
American Psychiatric Association; and
(2) has resulted in functional impairment that
substantially interferes with or limits one or more major
life activities.
"Preliminarily qualified offender with mental illness." A
person who:
(1) previously or currently has been diagnosed by a
qualified mental health professional as having a mental
illness; or
(2) is deemed eligible by a designated judge.
Section 3. This act shall take effect in 60 days.
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