§ 6404. Duration of inpatient commitment and review.
(a) Initial period of commitment.--The person shall be subject to a period of commitment for inpatient treatment for
one year.
(b) Annual review.--
(1) Sixty days prior to the expiration of the one-year commitment period, the director
of the facility or a designee shall submit an evaluation and the board shall submit
an assessment of the person to the court.
(2) The court shall schedule a review hearing which shall be conducted pursuant to section
6403(c) (relating to court-ordered involuntary treatment) and which shall be held
no later than 30 days after receipt of both the evaluation and the assessment under
paragraph (1). Notice of the review hearing shall be provided to the person, the attorney
who represented the person at the previous hearing held pursuant to this subsection
or section 6403, the district attorney and the county solicitor or a designee. The
person and the person's attorney shall 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. If the court determines by clear and convincing
evidence that the person continues to have serious difficulty controlling sexually
violent behavior while committed for inpatient treatment due to a mental abnormality
or personality disorder that makes the person likely to engage in an act of sexual
violence, the court shall order an additional period of involuntary inpatient treatment
of one year; otherwise, the court shall order the department, in consultation with
the board, to develop an outpatient treatment plan for the person. The order shall
be in writing and shall be consistent with the protection of the public safety and
appropriate control, care and treatment of the person.
(c) Outpatient treatment plan.--
(1) If at any time the director or a designee of the facility to which the person was
committed concludes the person no longer has serious difficulty in controlling sexually
violent behavior in an inpatient setting, the director shall petition the court for
a hearing. Notice of the petition shall be given to the person, the attorney who represented
the person at the previous hearing held pursuant to subsection (b) or section 6403,
the board, the district attorney and the county solicitor. The person and the person's
attorney shall 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.
(2) Upon receipt of notice under paragraph (1), the board shall conduct a new assessment
within 30 days and provide that assessment to the court.
(3) Within 15 days after the receipt of the assessment from the board, the court shall
hold a hearing pursuant to section 6403(c). If the court determines by clear and convincing
evidence that the person continues to have serious difficulty controlling sexually
violent behavior while committed for inpatient treatment due to a mental abnormality
or personality disorder that makes the person likely to engage in an act of sexual
violence, the court shall order that the person be subject to the remainder of the
period of inpatient commitment. Otherwise, the court shall order the department, in
consultation with the board, to develop an outpatient treatment plan for the person.
(4) The department shall provide the person with notice of the person's right to petition
the court for transfer to involuntary outpatient treatment over the objection of the
department. The court, after review of the petition, may schedule a hearing pursuant
to section 6403(c).
(5) An outpatient treatment plan shall be in writing and shall identify the specific entity
that will provide each clinical and support service identified in the plan.
(6) The department shall provide a copy of the outpatient treatment plan to the court,
the person, the attorney who represented the person at the most recent hearing pursuant
to section 6403, the board, the district attorney and the county solicitor or a designee.
(d) Prohibition on discharge.--The court shall not order discharge from involuntary treatment until the person has
completed involuntary outpatient treatment pursuant to section 6404.2 (relating to
duration of outpatient commitment and review).
(Nov. 29, 2004, P.L.1364, No.176, eff. imd.; Dec. 20, 2011, P.L.446, No.111, eff.
one year)
Notes of Decisions
Cited in
23
cases (
4 in the last 5 years), 2007–2026 · leading case:
In the Interest of A.C., 991 A.2d 884 (Pa. Super. Ct. 2010).
In the Interest of A.C., 991 A.2d 884 (Pa. Super. Ct. 2010).
· cites it 4× “See 42 Pa.C.S. § 6404(a). The commitment is subject to review sixty days before the expiration of the one-year period.”
In the Interest of K.A.P., 916 A.2d 1152 (Pa. Super. Ct. 2007).
· cites it 7× “42 Pa.C.S. § 6404(a), (c)(1), (4). If the director makes that determination, he must petition the Court for a hearing.”
In Re: J.C., Appeal of: J.C., 232 A.3d 886 (Pa. Super. Ct. 2020).
“See 42 Pa.C.S. § 6404. Additionally, once an individual is discharged from involuntary inpatient treatment, Act 21 requires the person to successfully complete at least one year of involuntary outpatient treatment before being discharged from treatment entirely.”
In the Interest of J.M., 5 A.3d 323 (Pa. Super. Ct. 2010).
· cites it 4× “, appeals from the order renewing his involuntary commitment for inpatient treatment for potentially sexually violent behavior in accordance with 42 Pa. C.S. § 6404. 1 J.M. contends that the evidence was insufficient to support his re-commitment and that a plan for his discharge…”
In Re: J.C., Appeal of: J.C., 2020 Pa. Super. 115 (Pa. Super. Ct. 2020).
“See 42 Pa.C.S. § 6404. Additionally, once an individual is discharged from involuntary inpatient treatment, Act 21 requires the person to successfully complete at least one year of involuntary outpatient treatment before being discharged from treatment entirely.”
In Re Ac, 991 A.2d 884 (Pa. Super. Ct. 2010).
· cites it 4× “See 42 Pa.C.S. § 6404(a). The commitment is subject to review sixty days before the expiration of the one-year period.”
In Re Kap, 916 A.2d 1152 (Pa. Super. Ct. 2007).
· cites it 7× “42 Pa.C.S. § 6404(a), (c)(1), (4). If the director makes that determination, he must petition the Court for a hearing.”
In re: H.R., a minor (Pa. 2020).
· cites it 9× “Initially, the person is committed for a one-year period, 42 Pa.C.S. §6404(a), and, thereafter, he or she is subject to an annual review, during which the Board conducts another assessment and the court holds a review hearing.”
In Re Jm, 5 A.3d 323 (Pa. Super. Ct. 2010).
· cites it 4× “contends that the evidence was insufficient to support his recommitment and that a plan for his discharge was not formulated in accordance with section 6406(c). We affirm. In October of 2003, a juvenile petition was filed alleging that J.”
In the Interest of: T.B., a Minor (Pa. Super. Ct. 2016).
· cites it 6× “42 Pa.C.S. § 6404(a), (c)(1), (4). If the director makes that determination, he must petition the Court for a hearing.”
In Re: H.R. (Pa. Super. Ct. 2020).
· cites it 5× “See 42 Pa.C.S. § 6404. Upon release from involuntary inpatient treatment, the individual must successfully complete one year of involuntary outpatient treatment in order to comply with Act 21’s treatment requirements.”
— 42 Pa. Cons. Stat. § 6404(a) — 11 cases
In the Interest of A.C., 991 A.2d 884 (Pa. Super. Ct. 2010).
“See 42 Pa.C.S. § 6404(a). The commitment is subject to review sixty days before the expiration of the one-year period.”
In the Interest of K.A.P., 916 A.2d 1152 (Pa. Super. Ct. 2007).
“42 Pa.C.S. § 6404(a), (c)(1), (4). If the director makes that determination, he must petition the Court for a hearing.”
In the Interest of J.M., 5 A.3d 323 (Pa. Super. Ct. 2010).
“, appeals from the order renewing his involuntary commitment for inpatient treatment for potentially sexually violent behavior in accordance with 42 Pa. C.S. § 6404. 1 J.M. contends that the evidence was insufficient to support his re-commitment and that a plan for his discharge…”
In Re Ac, 991 A.2d 884 (Pa. Super. Ct. 2010).
“See 42 Pa.C.S. § 6404(a). The commitment is subject to review sixty days before the expiration of the one-year period.”
In Re Kap, 916 A.2d 1152 (Pa. Super. Ct. 2007).
“42 Pa.C.S. § 6404(a), (c)(1), (4). If the director makes that determination, he must petition the Court for a hearing.”
— 42 Pa. Cons. Stat. § 6404(b) — 5 cases
In the Interest of K.A.P., 916 A.2d 1152 (Pa. Super. Ct. 2007).
“42 Pa.C.S. § 6404(a), (c)(1), (4). If the director makes that determination, he must petition the Court for a hearing.”
In Re: H.R. (Pa. Super. Ct. 2020).
“See 42 Pa.C.S. § 6404. Upon release from involuntary inpatient treatment, the individual must successfully complete one year of involuntary outpatient treatment in order to comply with Act 21’s treatment requirements.”
In Re Kap, 916 A.2d 1152 (Pa. Super. Ct. 2007).
“42 Pa.C.S. § 6404(a), (c)(1), (4). If the director makes that determination, he must petition the Court for a hearing.”
In the Interest of: T.B., a Minor (Pa. Super. Ct. 2016).
“42 Pa.C.S. § 6404(a), (c)(1), (4). If the director makes that determination, he must petition the Court for a hearing.”
In re: H.R., a minor (Pa. 2020).
“Initially, the person is committed for a one-year period, 42 Pa.C.S. §6404(a), and, thereafter, he or she is subject to an annual review, during which the Board conducts another assessment and the court holds a review hearing.”
— 42 Pa. Cons. Stat. § 6404(b)(1) — 7 cases
In the Interest of A.C., 991 A.2d 884 (Pa. Super. Ct. 2010).
“See 42 Pa.C.S. § 6404(a). The commitment is subject to review sixty days before the expiration of the one-year period.”
In the Interest of K.A.P., 916 A.2d 1152 (Pa. Super. Ct. 2007).
“42 Pa.C.S. § 6404(a), (c)(1), (4). If the director makes that determination, he must petition the Court for a hearing.”
In Re Ac, 991 A.2d 884 (Pa. Super. Ct. 2010).
“See 42 Pa.C.S. § 6404(a). The commitment is subject to review sixty days before the expiration of the one-year period.”
In Re Kap, 916 A.2d 1152 (Pa. Super. Ct. 2007).
“42 Pa.C.S. § 6404(a), (c)(1), (4). If the director makes that determination, he must petition the Court for a hearing.”
In the Interest of: T.B., a Minor (Pa. Super. Ct. 2016).
“42 Pa.C.S. § 6404(a), (c)(1), (4). If the director makes that determination, he must petition the Court for a hearing.”
— 42 Pa. Cons. Stat. § 6404(b)(2) — 10 cases
In the Interest of A.C., 991 A.2d 884 (Pa. Super. Ct. 2010).
“See 42 Pa.C.S. § 6404(a). The commitment is subject to review sixty days before the expiration of the one-year period.”
In the Interest of J.M., 5 A.3d 323 (Pa. Super. Ct. 2010).
“, appeals from the order renewing his involuntary commitment for inpatient treatment for potentially sexually violent behavior in accordance with 42 Pa. C.S. § 6404. 1 J.M. contends that the evidence was insufficient to support his re-commitment and that a plan for his discharge…”
In re: H.R., a minor (Pa. 2020).
“Initially, the person is committed for a one-year period, 42 Pa.C.S. §6404(a), and, thereafter, he or she is subject to an annual review, during which the Board conducts another assessment and the court holds a review hearing.”
In Re Ac, 991 A.2d 884 (Pa. Super. Ct. 2010).
“See 42 Pa.C.S. § 6404(a). The commitment is subject to review sixty days before the expiration of the one-year period.”
In Re Jm, 5 A.3d 323 (Pa. Super. Ct. 2010).
“contends that the evidence was insufficient to support his recommitment and that a plan for his discharge was not formulated in accordance with section 6406(c). We affirm. In October of 2003, a juvenile petition was filed alleging that J.”
— 42 Pa. Cons. Stat. § 6404(c) — 4 cases
In the Interest of A.C., 991 A.2d 884 (Pa. Super. Ct. 2010).
“See 42 Pa.C.S. § 6404(a). The commitment is subject to review sixty days before the expiration of the one-year period.”
In Re Ac, 991 A.2d 884 (Pa. Super. Ct. 2010).
“See 42 Pa.C.S. § 6404(a). The commitment is subject to review sixty days before the expiration of the one-year period.”
In re: H.R., a minor (Pa. 2020).
“Initially, the person is committed for a one-year period, 42 Pa.C.S. §6404(a), and, thereafter, he or she is subject to an annual review, during which the Board conducts another assessment and the court holds a review hearing.”
— 42 Pa. Cons. Stat. § 6404(c)(1) — 4 cases
In the Interest of K.A.P., 916 A.2d 1152 (Pa. Super. Ct. 2007).
“42 Pa.C.S. § 6404(a), (c)(1), (4). If the director makes that determination, he must petition the Court for a hearing.”
In Re Kap, 916 A.2d 1152 (Pa. Super. Ct. 2007).
“42 Pa.C.S. § 6404(a), (c)(1), (4). If the director makes that determination, he must petition the Court for a hearing.”
In the Interest of: T.B., a Minor (Pa. Super. Ct. 2016).
“42 Pa.C.S. § 6404(a), (c)(1), (4). If the director makes that determination, he must petition the Court for a hearing.”
In re: H.R., a minor (Pa. 2020).
“Initially, the person is committed for a one-year period, 42 Pa.C.S. §6404(a), and, thereafter, he or she is subject to an annual review, during which the Board conducts another assessment and the court holds a review hearing.”
— 42 Pa. Cons. Stat. § 6404(c)(2) — 3 cases
In the Interest of K.A.P., 916 A.2d 1152 (Pa. Super. Ct. 2007).
“42 Pa.C.S. § 6404(a), (c)(1), (4). If the director makes that determination, he must petition the Court for a hearing.”
In Re Kap, 916 A.2d 1152 (Pa. Super. Ct. 2007).
“42 Pa.C.S. § 6404(a), (c)(1), (4). If the director makes that determination, he must petition the Court for a hearing.”
In the Interest of: T.B., a Minor (Pa. Super. Ct. 2016).
“42 Pa.C.S. § 6404(a), (c)(1), (4). If the director makes that determination, he must petition the Court for a hearing.”
— 42 Pa. Cons. Stat. § 6404(c)(3) — 2 cases
In the Interest of K.A.P., 916 A.2d 1152 (Pa. Super. Ct. 2007).
“42 Pa.C.S. § 6404(a), (c)(1), (4). If the director makes that determination, he must petition the Court for a hearing.”
In Re Kap, 916 A.2d 1152 (Pa. Super. Ct. 2007).
“42 Pa.C.S. § 6404(a), (c)(1), (4). If the director makes that determination, he must petition the Court for a hearing.”
— 42 Pa. Cons. Stat. § 6404(d) — 1 case
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