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42 Pa. Cons. Stat. § 6403

 Court-ordered involuntary treatment.

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§ 6403.  Court-ordered involuntary treatment.

(a)  Persons subject to involuntary treatment.--A person may be subject to court-ordered commitment for involuntary treatment under this chapter if the person:

(1)  Has been adjudicated delinquent for an act of sexual violence which if committed by an adult would be a violation of 18 Pa.C.S. § 3121 (relating to rape), 3123 (relating to involuntary deviate sexual intercourse), 3124.1 (relating to sexual assault), 3125 (relating to aggravated indecent assault), 3126 (relating to indecent assault) or 4302 (relating to incest).

(2)  Has been committed to an institution or other facility pursuant to section 6352 (relating to disposition of delinquent child) and remains in any such institution or facility upon attaining 20 years of age as a result of having been adjudicated delinquent for the act of sexual violence.

(3)  Is in need of involuntary treatment due to a mental abnormality or personality disorder which results in serious difficulty in controlling sexually violent behavior that makes the person likely to engage in an act of sexual violence.

(b)  Procedures for initiating court-ordered involuntary commitment.--

(1)  Where, pursuant to the provisions of section 6358(f) (relating to assessment of delinquent children by the State Sexual Offenders Assessment Board), the court determines that a prima facie case has been presented that the child is in need of involuntary treatment under the provisions of this chapter, the court shall order that a petition be filed by the county solicitor or a designee before the court having jurisdiction of the person pursuant to Chapter 63 (relating to juvenile matters).

(2)  The petition shall be in writing in a form adopted by the department and shall set forth the facts constituting reasonable grounds to believe the individual is within the criteria for court-ordered involuntary treatment as set forth in subsection (a). The petition shall include the assessment of the person by the board as required in section 6358.

(3)  The court shall set a date for the hearing which shall be held within 30 days of the filing of the petition pursuant to paragraph (1) and direct the person to appear for the hearing. A copy of the petition and notice of the hearing date shall be served on the person, the attorney who represented the person at the most recent dispositional review hearing pursuant to section 6358(e) and the county solicitor or a designee. A copy of the petition, the assessment and notice of the hearing date shall also be provided to the director of the facility operated by the department pursuant to section 6406(a) (relating to duty of Department of Public Welfare). The person and the attorney who represented the person shall, along with copies of the petition, also be provided with written notice advising that the person has the right to counsel and that, if he cannot afford one, counsel shall be appointed for the person.

(4)  The person shall be informed that the person has a right to be assisted in the proceedings by an independent expert in the field of sexually violent behavior. If the person cannot afford to engage such an expert, the court shall allow a reasonable fee for such purpose.

(c)  Hearing.--A hearing pursuant to this chapter shall be conducted as follows:

(1)  The person shall not be called as a witness without the person's consent.

(2)  The person shall have the right to confront and cross-examine all witnesses and to present evidence on the person's own behalf.

(3)  The hearing shall be public.

(4)  A stenographic or other sufficient record shall be made.

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

(6)  A decision shall be rendered within five days after the conclusion of the hearing.

(d)  Determination and order.--Upon a finding by clear and convincing evidence that the person has a mental abnormality or personality disorder which results in serious difficulty in controlling sexually violent behavior that makes the person likely to engage in an act of sexual violence, an order shall be entered directing the immediate commitment of the person for involuntary inpatient treatment to a facility designated by the department. The order shall be in writing and shall be consistent with the protection of the public safety and the appropriate control, care and treatment of the person. An appeal shall not stay the execution of the order. If the court does not order the person to be committed for involuntary inpatient treatment by the department, the court shall order the director of the facility operated by the department pursuant to section 6406(a) to destroy the facility's copy of the petition and the assessment.

(Dec. 20, 2011, P.L.446, No.111, eff. one year; July 5, 2012, P.L.880, No.91, eff. Dec. 20, 2012)

 

2012 Amendment.  Act 91 amended subsec. (a)(2).

2011 Amendment.  Act 111 amended subsecs. (a)(2), (b)(3) and (d).

References in Text.  The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014.

Cross References.  Section 6403 is referred to in sections 6404, 6404.2, 9799.23 of this title.

Notes of Decisions
Cited in 37 cases (4 in the last 5 years), 2007–2026 · leading case: In the Interest of A.C.
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In the Interest of A.C. (2010) pasuperct · cites it 10× “(Appellant) appeals from the order committing him to one year of involuntary inpatient treatment for potentially sexually violent behavior in accordance with 42 Pa.C.S. § 6403. Appellant raises several claims challenging the constitutionality of this statute.”
In Re: J.C., Appeal of: J.C. (2020) pasuperct · cites it 3× “Does 42 Pa.C.S. § 6403 (“Act 21”) constitute punishment determined by a Muniz/Butler [I] analysis[?] 2.”
In the Interest of S.T.S., Jr. (2013) pasuperct “likely to engage in an act of *29 sexual violence, thus meeting the criteria for civil commitment pursuant to 42 Pa.C.S. § 6403(d), as there was neither clear and convincing evidence to support the diagnoses of the Commonwealth’s expert nor to support a finding that S.”
Commonwealth v. J.C. (2018) pasuperct · cites it 2× “is currently committed for involuntary treatment pursuant to 42 Pa.C.S. § 6403, which states, in relevant part, that a person may be subject to court-ordered commitment for involuntary treatment if the person has been adjudicated delinquent for an act of sexual violence, has…”
In re T.B. (2013) pasuperct · cites it 2× “was an SVP and initiated civil commitment proceedings pursuant to 42 Pa.C.S. § 6403(a) and (b). 1 Another hearing was conducted, and, on March 1, 2012, T.”
In Re: J.C., Appeal of: J.C. (2020) pasuperct · cites it 3× “Does 42 Pa.C.S. § 6403 (“Act 21”) constitute punishment determined by a Muniz/Butler [I] analysis[?] 2.”
In the Interest of K.A.P. (2007) pasuperct · cites it 4× “” 42 Pa.C.S. § 6403(a). The juvenile is given a notice of the hearing and a copy of the petition.”
In the Interest of J.M. (2010) pasuperct · cites it 6× “42 Pa.C.S. § 6403(a). Once it is determined that a person meets the first two requirements of section 6403(a), the SOAB is charged with assessing whether that individual “is in need of commitment for involuntary treatment due to a mental abnormality .”
In Re AC (2010) pasuperct · cites it 10× “(Appellant) appeals from the order committing him to one year of involuntary inpatient treatment for potentially sexually violent behavior in accordance with 42 Pa.C.S. § 6403. Appellant raises several claims challenging the constitutionality of this statute.”
In re D.M.W. (2014) pasuperct · cites it 2× “, appeals from the order that involuntarily committed him to a sexual responsibility treatment program for a period of one year, pursuant to 42 Pa. Cons.Stat.Ann. § 6403(d). In his appeal, D.”
In the Interest of C.A. (2008) pasuperct “Did the court err in finding that 42 Pa.C.S. § 6403 applied to a juvenile who was adjudicated delinquent, placed on probation by the Juvenile Court, and subsequently entered a treatment facility pursuant to the Mental Health Procedures Act, where he remained at age twenty?…”
In re: H.R., a minor (2020) pa · cites it 10× “42 Pa.C.S. §6403(a). After the county solicitor or designee files a petition for involuntary treatment, the court must hold a public hearing.”
Show all 37 citing cases →
— 42 Pa. Cons. Stat. § 6403(a) — 16 cases
In re T.B. (2013) pasuperct “was an SVP and initiated civil commitment proceedings pursuant to 42 Pa.C.S. § 6403(a) and (b). 1 Another hearing was conducted, and, on March 1, 2012, T.”
Commonwealth v. J.C. (2018) pasuperct “is currently committed for involuntary treatment pursuant to 42 Pa.C.S. § 6403, which states, in relevant part, that a person may be subject to court-ordered commitment for involuntary treatment if the person has been adjudicated delinquent for an act of sexual violence, has…”
In the Interest of K.A.P. (2007) pasuperct “” 42 Pa.C.S. § 6403(a). The juvenile is given a notice of the hearing and a copy of the petition.”
In the Interest of J.M. (2010) pasuperct “42 Pa.C.S. § 6403(a). Once it is determined that a person meets the first two requirements of section 6403(a), the SOAB is charged with assessing whether that individual “is in need of commitment for involuntary treatment due to a mental abnormality .”
In re: H.R., a minor (2020) pa “42 Pa.C.S. §6403(a). After the county solicitor or designee files a petition for involuntary treatment, the court must hold a public hearing.”
— 42 Pa. Cons. Stat. § 6403(a)(1) — 2 cases
In re: H.R., a minor (2020) pa “42 Pa.C.S. §6403(a). After the county solicitor or designee files a petition for involuntary treatment, the court must hold a public hearing.”
In the Interest of: Crispin, A. (2018) pasuperct
— 42 Pa. Cons. Stat. § 6403(a)(2) — 2 cases
In the Interest of A.C. (2010) pasuperct “(Appellant) appeals from the order committing him to one year of involuntary inpatient treatment for potentially sexually violent behavior in accordance with 42 Pa.C.S. § 6403. Appellant raises several claims challenging the constitutionality of this statute.”
In Re AC (2010) pasuperct “(Appellant) appeals from the order committing him to one year of involuntary inpatient treatment for potentially sexually violent behavior in accordance with 42 Pa.C.S. § 6403. Appellant raises several claims challenging the constitutionality of this statute.”
— 42 Pa. Cons. Stat. § 6403(a)(3) — 6 cases
In the Interest of A.C. (2010) pasuperct “(Appellant) appeals from the order committing him to one year of involuntary inpatient treatment for potentially sexually violent behavior in accordance with 42 Pa.C.S. § 6403. Appellant raises several claims challenging the constitutionality of this statute.”
In the Interest of K.A.P. (2007) pasuperct “” 42 Pa.C.S. § 6403(a). The juvenile is given a notice of the hearing and a copy of the petition.”
In Re AC (2010) pasuperct “(Appellant) appeals from the order committing him to one year of involuntary inpatient treatment for potentially sexually violent behavior in accordance with 42 Pa.C.S. § 6403. Appellant raises several claims challenging the constitutionality of this statute.”
In Re KAP (2007) pasuperct
In the Interest of: T.B., a Minor (2016) pasuperct
— 42 Pa. Cons. Stat. § 6403(a)(4) — 2 cases
In the Interest of K.A.P. (2007) pasuperct “” 42 Pa.C.S. § 6403(a). The juvenile is given a notice of the hearing and a copy of the petition.”
In Re KAP (2007) pasuperct
— 42 Pa. Cons. Stat. § 6403(b)(1) — 5 cases
In the Interest of A.C. (2010) pasuperct “(Appellant) appeals from the order committing him to one year of involuntary inpatient treatment for potentially sexually violent behavior in accordance with 42 Pa.C.S. § 6403. Appellant raises several claims challenging the constitutionality of this statute.”
In the Interest of J.M. (2010) pasuperct “42 Pa.C.S. § 6403(a). Once it is determined that a person meets the first two requirements of section 6403(a), the SOAB is charged with assessing whether that individual “is in need of commitment for involuntary treatment due to a mental abnormality .”
In Re AC (2010) pasuperct “(Appellant) appeals from the order committing him to one year of involuntary inpatient treatment for potentially sexually violent behavior in accordance with 42 Pa.C.S. § 6403. Appellant raises several claims challenging the constitutionality of this statute.”
In Re JM (2010) pasuperct
In the Interest of: Crispin, A. (2018) pasuperct
— 42 Pa. Cons. Stat. § 6403(b)(2) — 1 case
In re: H.R., a minor (2020) pa “42 Pa.C.S. §6403(a). After the county solicitor or designee files a petition for involuntary treatment, the court must hold a public hearing.”
— 42 Pa. Cons. Stat. § 6403(b)(3) — 6 cases
In the Interest of A.C. (2010) pasuperct “(Appellant) appeals from the order committing him to one year of involuntary inpatient treatment for potentially sexually violent behavior in accordance with 42 Pa.C.S. § 6403. Appellant raises several claims challenging the constitutionality of this statute.”
In the Interest of J.M. (2010) pasuperct “42 Pa.C.S. § 6403(a). Once it is determined that a person meets the first two requirements of section 6403(a), the SOAB is charged with assessing whether that individual “is in need of commitment for involuntary treatment due to a mental abnormality .”
In Re AC (2010) pasuperct “(Appellant) appeals from the order committing him to one year of involuntary inpatient treatment for potentially sexually violent behavior in accordance with 42 Pa.C.S. § 6403. Appellant raises several claims challenging the constitutionality of this statute.”
In the Interest of: T.B., a Minor Appeal of: T.B. (2014) pasuperct
In Re JM (2010) pasuperct
— 42 Pa. Cons. Stat. § 6403(b)(4) — 6 cases
In the Interest of A.C. (2010) pasuperct “(Appellant) appeals from the order committing him to one year of involuntary inpatient treatment for potentially sexually violent behavior in accordance with 42 Pa.C.S. § 6403. Appellant raises several claims challenging the constitutionality of this statute.”
In the Interest of J.M. (2010) pasuperct “42 Pa.C.S. § 6403(a). Once it is determined that a person meets the first two requirements of section 6403(a), the SOAB is charged with assessing whether that individual “is in need of commitment for involuntary treatment due to a mental abnormality .”
In Re AC (2010) pasuperct “(Appellant) appeals from the order committing him to one year of involuntary inpatient treatment for potentially sexually violent behavior in accordance with 42 Pa.C.S. § 6403. Appellant raises several claims challenging the constitutionality of this statute.”
In Re JM (2010) pasuperct
In the Interest of: Crispin, A. (2018) pasuperct
— 42 Pa. Cons. Stat. § 6403(c) — 7 cases
In the Interest of A.C. (2010) pasuperct “(Appellant) appeals from the order committing him to one year of involuntary inpatient treatment for potentially sexually violent behavior in accordance with 42 Pa.C.S. § 6403. Appellant raises several claims challenging the constitutionality of this statute.”
In the Interest of K.A.P. (2007) pasuperct “” 42 Pa.C.S. § 6403(a). The juvenile is given a notice of the hearing and a copy of the petition.”
In the Interest of J.M. (2010) pasuperct “42 Pa.C.S. § 6403(a). Once it is determined that a person meets the first two requirements of section 6403(a), the SOAB is charged with assessing whether that individual “is in need of commitment for involuntary treatment due to a mental abnormality .”
In Re AC (2010) pasuperct “(Appellant) appeals from the order committing him to one year of involuntary inpatient treatment for potentially sexually violent behavior in accordance with 42 Pa.C.S. § 6403. Appellant raises several claims challenging the constitutionality of this statute.”
In Re KAP (2007) pasuperct
— 42 Pa. Cons. Stat. § 6403(c)(1) — 1 case
In the Interest of: T.B., a Minor Appeal of: T.B. (2014) pasuperct
— 42 Pa. Cons. Stat. § 6403(c)(3)(4) — 1 case
In the Interest of: T.B., a Minor Appeal of: T.B. (2014) pasuperct
— 42 Pa. Cons. Stat. § 6403(c)(6) — 1 case
In the Interest of: T.B., a Minor Appeal of: T.B. (2014) pasuperct
— 42 Pa. Cons. Stat. § 6403(d) — 22 cases
In the Interest of S.T.S., Jr. (2013) pasuperct “likely to engage in an act of *29 sexual violence, thus meeting the criteria for civil commitment pursuant to 42 Pa.C.S. § 6403(d), as there was neither clear and convincing evidence to support the diagnoses of the Commonwealth’s expert nor to support a finding that S.”
In Re: J.C., Appeal of: J.C. (2020) pasuperct “Does 42 Pa.C.S. § 6403 (“Act 21”) constitute punishment determined by a Muniz/Butler [I] analysis[?] 2.”
In Re: J.C., Appeal of: J.C. (2020) pasuperct “Does 42 Pa.C.S. § 6403 (“Act 21”) constitute punishment determined by a Muniz/Butler [I] analysis[?] 2.”
In the Interest of A.C. (2010) pasuperct “(Appellant) appeals from the order committing him to one year of involuntary inpatient treatment for potentially sexually violent behavior in accordance with 42 Pa.C.S. § 6403. Appellant raises several claims challenging the constitutionality of this statute.”
In re D.M.W. (2014) pasuperct “, appeals from the order that involuntarily committed him to a sexual responsibility treatment program for a period of one year, pursuant to 42 Pa. Cons.Stat.Ann. § 6403(d). In his appeal, D.”
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