THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY BISHOP, CARROLL, COHEN, KORTZ, W. KELLER, HENNESSEY, PALLONE, M. O'BRIEN, SIPTROTH, K. SMITH AND STABACK, MARCH 12, 2009

REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES, MARCH 12, 2009  

AN ACT

Amending the act of April 14, 1972 (P.L.221, No.63), entitled,

as amended, "An act establishing the Pennsylvania Advisory

Council on Drug and Alcohol Abuse; imposing duties on the

Department of Health to develop and coordinate the

implementation of a comprehensive health, education and

rehabilitation program for the prevention and treatment of

drug and alcohol abuse and drug and alcohol dependence;

providing for emergency medical treatment; providing for

treatment and rehabilitation alternatives to the criminal

process for drug and alcohol dependence; and making repeals,"

providing for involuntary commitment of drug-dependent

persons.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 2(b) of the act of April 14, 1972

(P.L.221, No.63), known as the Pennsylvania Drug and Alcohol

Abuse Control Act, is amended by adding a definition to read:

Section 2.  Definitions:

* * *

(b)  As used in this act:

* * *

"Immediate family" means a parent, spouse, brother, sister,

son or daughter.

* * *

Section 2.  The act is amended by adding a section to read:

Section 12.2.  Commitment of Drug Dependent Persons.--(a)  An

immediate family member of a drug dependent person may petition

the court of common pleas of the judicial district where the

drug dependent person is domiciled for commitment of the drug

dependent person to involuntary drug and alcohol treatment

services, including inpatient services, if the drug dependent

person is incapable of accepting or unwilling to accept

voluntary treatment. The petition must set forth sufficient

facts and good reason for the commitment.

(b)  (1)  Upon petition pursuant to subsection (a), the court

shall order the person who is alleged to have a dependency on

drugs or alcohol to undergo a drug and alcohol assessment

performed by a psychiatrist, a licensed psychologist with

specific training in drug and alcohol assessment and treatment

or a certified addiction counselor.

(2)  The assessment shall include a recommended level of care

and length of treatment. An assessment completed by a certified

addiction counselor shall be based on the Department of Health

approved drug and alcohol level of care criteria and shall be

reviewed by a case management supervisor in a single county

authority.

(3)  The court shall hear the testimony of the person

performing the assessment at the hearing on the petition for

involuntary commitment.

(c)  Based on the assessment under subsection (b), the court

may order the person committed to involuntary drug and alcohol

treatment, including inpatient services, for up to ninety days

if all of the following apply:

(1)  The court finds by clear and convincing evidence that:

(i)  the person is a drug dependent person; and

(ii)  the person is incapable of accepting or unwilling to

accept voluntary treatment services.

(2)  The court finds that the person will benefit from

involuntary treatment services.

(3)  If the court decision is inconsistent with the level of

care and length of treatment recommended by the assessment, the

court shall include in its order a statement of facts and

reasons for its disposition.

(d)  (1)  A respondent ordered to undergo treatment due to a

determination pursuant to subsection (c) shall remain under the

treatment designated by the court for a period of ninety days

unless sooner discharged.

(2)  Prior to the end of the ninety-day period, the court

shall conduct a review hearing in accordance with subsection (c)

for the purpose of determining whether further treatment is

necessary. If the court determines that further treatment is

necessary, the court may order the respondent recommitted to

services for an additional period of treatment not to exceed

ninety days unless sooner discharged.

(3)  The court may continue the respondent in treatment for

successive ninety-day periods pursuant to determinations that

the person will benefit from services for an additional ninety

days. The court may also order appropriate follow-up treatment.

(4)  If the court finds, after hearing, that the respondent

willfully failed to comply with an order, the court may declare

the person in civil contempt of court and in its discretion make

an appropriate order, including commitment of the respondent to

prison for a period not to exceed six months.

(e)  A hearing on a petition for court-ordered involuntary

drug and alcohol treatment services shall be conducted according

to the following:

(1)  The respondent has the right to counsel and to the

assistance of an expert in mental health.

(2)  The respondent shall not be called as a witness without

his consent.

(3)  The respondent has the right to confront and cross-

examine all witnesses and to present evidence.

(4)  The hearing shall be public unless it is requested to be

private by the respondent.

(5)  A stenographic or other sufficient record shall be made,

which shall be impounded by the court and may be obtained or

examined only upon the request of the respondent or by order of

the court for good cause.

(6)  The hearing shall be conducted by a judge.

(7)  A decision shall be rendered within forty-eight hours

after the close of evidence. If no decision is rendered within

that time period, the petition shall be deemed denied.

Section 3.  This act shall take effect in 60 days.