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Info on 302 Involuntart Commitment & 201 Info

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302 involuntarily committed info

Mental Health Laws

House Bill 77 gun law

 YOU HAVE RIGHTS

The Law states if you need inpatient treatment at a behavioral health Hospital.

You have the right to sign your self in as a Voluntary Commitment (aka “a 201”)The crisis professional must ask you if your willing to sign your self in on a 201 before a 302 is done. A 302 will be Issued  if a person does not sign the 201 papers and is dangerous to themselves or others due to a mental illness.

 

Mental Health Procedures Act 77 of 1976 and requires all counties to submit to the Pennsylvania State Police the names of all individuals who have been involuntarily committed to inpatient treatment. This Act prohibits anyone committed under Sections 302, 303 or 304 to possess, use, manufacture, control, sell or transfer firearms.You could go to jail if you are have a gun in your  possession. The 302 will also stay on that persons record for the rest of their life unless the person has grounds to have the 302 removed.

 

I question many people on both side and most people do not even know how to go about finding out if they do have a 302. I talk with people who said they were going to try to by a gun to see if they were aloud to get one. Not knowing that it was a felony to do this.

 

 

Who you can Contact to find out if you have a involuntarily committed 302. The State Police office in Harrisburg PA

1-866-208-0364 or 1-717-722-1897

 

To get a 302 removed from your record

You will need a lawyer to petition the court to remove the 302.

Write down what happen and make a list of all witness take this to your lawyer.

 

Recognition that mental health evaluations and commitment proceedings are civil and non-punitive in nature supports a finding that the legislature did not intend for the issuance of emergency evaluation warrants to be based on criminal standards and procedures. The standard for evaluating the validity of section 7302 warrants is whether reasonable grounds exist to believe that a person is severely mentally disabled and in need of immediate treatment. The reasonable grounds standard is clearly less exacting than the probable cause standard for criminal warrants. Whether evidence is sufficient to constitute reasonable grounds for purpose of a section 7302 warrant can only be determined on a case by case basis. In re J.M. Appeal of County of Fayette, 762 A.2d 1041, 556 Pa. 63

(1999

 

The law said there is no excuse for ignorance of the law and that we all should no what every law is. I know it took me six months to look up laws on a 302 and act 77. I guess if we want to live in are free contury it will required us all to become lawyers so we do not end up in trouble with the law.

 

Information on 201 302 303 304

The 302 that was intended to save lives and get people the help they need and help move them to the road of recovery. Now has become a road block to recovery. The legislature took it upon their selves to make you a criminal and step on your civil rights with out you even knowing it till it is to late.

 

Voluntary Commitment (aka “a 201”)

A voluntary commitment is appropriate for anyone 14 years of age or older who is experiencing a mental health crisis and feels that an inpatient stay is necessary for their safety. A person seeking treatment under Section 201 may present at an emergency room for an evaluation to determine the level of treatment needed. If inpatient care is recommended, the individual must sign a 201 form and develop a treatment plan with the treating facility. There is no time limit on a voluntary inpatient stay and the individual may stay as long as they are willing and the medical staff believes there is a continued need for inpatient treatment. At the time of admission the individual will be asked to agree to give a 72-hour written notice before leaving the facility if they should decide to leave against medical advice. There are no hearings required during this admission and no information is submitted to the State Police regarding the person’s psychiatric treatment. Adolescents under the age of 14 may be admitted on a voluntary admission by a parent or legal guardian. In addition, Act 147 allows parents or legal guardians to sign a 201 on adolescents under the age of 18.

Involuntary Commitment (aka  “a 302”)

An involuntary commitment is an application for emergency evaluation and treatment for a person who is dangerous to themselves or others due to a mental illness. Dangerousness is determined based on the following criteria:

  • Danger to self shall be shown by establishing that within the previous 30 days:
    • the person would be unable without the care, supervision and assistance of others to satisfy his/her need for nourishment, personal or medical care, shelter or self protection or safety and that death or serious physical debilitation would occur within 30 days unless treatment was provided;
    • the person has attempted suicide or the person has made threats to commit suicide and committed acts in furtherance of the threats; or
    • the person has mutilated himself/herself or the person has made threats to mutilate themselves and committed acts in furtherance of the threats.
  • Danger to others shall be shown by establishing that within the previous 30 days the person has inflicted or attempted to inflict serious bodily harm on another or has threatened serious bodily harm and has committed acts in furtherance of the threat to commit harm to another.

Because this commitment is involuntary it may require the assistance of family, crisis professionals, police, ambulance and any other person involved in the crisis.

In every 302 a petitioner is required to sign the 302 and appear at a hearing if necessary. A petitioner must have first hand knowledge of the dangerous conduct and be willing to go to an emergency room or the Office of Behavioral Health (OBH) to sign the 302 form.

The petitioner may be required to testify at a hearing regarding the dangerous conduct that he or she witnessed. A police officer or a doctor has the authority to initiate a 302 without prior authorization from the OBH delegate. The OBH delegate can be reached by calling 412-350-4457.

Once a 302 is authorized, the individual will be taken to an emergency room by the police or ambulance for an evaluation by a physician to determine if they need to be admitted for involuntary psychiatric inpatient treatment.  If the individual is admitted they may be kept no longer than 120 hours unless a petition for a 303, Extended Emergency Involuntary Treatment, is filed by the hospital.

Extended Emergency Involuntary Treatment (aka “a 303”)

If the doctor determines that additional inpatient time beyond the 120 hours authorized by the 302 may be required, the hospital will file a 303 commitment petition with the courts for Extended Emergency Involuntary Treatment. If additional inpatient treatments are not needed, the individual will be discharged from the hospital within 120 hours.

A 303 hearing is held at the treating hospital to determine if further treatment beyond the initial 120 hours is necessary. The 302 petitioner must attend this hearing and testify regarding the dangerous conduct alleged in the 302. The treating psychiatrist must testify regarding a serious mental illness and the need for further treatment. At the hearing the consumer is represented by a Public Defender, the hospital is represented by an attorney. The Public Defender provides representation free of charge for any patient who wishes regardless of income. The patient has the right to obtain their own attorney at the patient’s expense if they so desire.  If the Mental Health Review Officer finds sufficient dangerous conduct and the need for further treatment, he or she can order further treatment for a period not to exceed 20 days.

Longer-Term Inpatient Treatment (aka “a 304b”)

When a doctor determines that the individual is in need of continued involuntary inpatient treatment beyond the 20 days authorized by the 303, a 304b, Longer-Term Inpatient Treatment, is considered. The hospital must file a petition and request another hearing. Testimony is provided by the treating psychiatrist stating that the patient is still suffering from a severe mental illness and needs further treatment. The Mental Health Review Officer can order further treatment for a period not to exceed an additional 90 days.

Extended Long-Term Treatment (aka “a 305”)

When treatment beyond the additional 90 days authorized by the 304b seems necessary a 305, Extended Long-Term Treatment, is considered. A 305 hearing also requires the treating psychiatrist to testify about the consumer’s mental health status at which time the Mental Health Review Officer can order treatment for a period not to exceed an additional 180 days.

While voluntary commitments are limited to those individuals 14 years of age and older, involuntary commitments are not limited to any age group. 

Patient rights are provided to all consumers upon admission.
A patient has the right to an appeal at each level of the involuntary commitment process.

If you have any questions about the voluntary/involuntary commitment process or need information about any other behavio info call 1-412-350-4457.

 
     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
    
                                    2     Consolidated Statutes, further providing for persons
                                    not to
     3     possess,
                                    use, manufacture, control, sell or transfer firearms
     4     and for duties of the Pennsylvania State Police relating to
    
                                    5     firearms and other dangerous articles; and making
                                    a repeal.
 
    
                                    6    The General Assembly
                                    of the Commonwealth of Pennsylvania
     7 
                                    hereby enacts as follows:
     8   
                                    Section 1.  Sections 6105(c)(4) and 6111.1(f), (g) and (k) of
    
                                    9  Title 18 of the Pennsylvania Consolidated Statutes are amended
   
                                    10  to read:
    11   6105.  Persons not to possess, use,
                                    manufacture, control, sell
    12            
                                    or transfer firearms.
    13     * * *
    14  
                                    (c)  Other persons.--In addition to any person who has been
   
                                    15  convicted of any offense listed under subsection (b), the
   
                                    16  following persons shall be subject to the prohibition of
   
                                    17  subsection (a):
    18         * * *
   
                                    19    (4)  A person
                                    who has been adjudicated as an incompetent

     1     or who has been involuntarily
                                    committed to a mental
     2    
                                    institution for inpatient care and treatment under section
     3     [302,] 303 or 304 of the provisions of the act of July 9,
    
                                    4     1976 (P.L.817, No.143), known as the Mental Health
                                    Procedures
     5     Act.
                                    [This paragraph shall not apply to any proceeding under
     6     section 302 of the Mental Health Procedures Act unless the
    
                                    7     examining physician has issued a certification that
                                    inpatient
     8     care
                                    was necessary or that the person was committable.]
     9         * * *
    10   6111.1.  Pennsylvania State Police.
   
                                    11     * * *
    12     (f)  Notification of
                                    mental health commitment.--
    13  Notwithstanding
                                    any statute to the contrary, judges of the
    14 
                                    courts of common pleas shall notify the Pennsylvania State
    15  Police on a form developed by the Pennsylvania State Police of
   
                                    16  the identity of any individual who has been adjudicated
   
                                    17  incompetent or who has been [involuntarily committed to a mental
   
                                    18  institution for inpatient care and treatment under the act of
   
                                    19  July 9, 1976 (P.L.817, No.143), known as the Mental Health
   
                                    20  Procedures Act, or who has been] involuntarily treated as
   
                                    21  described in section 6105(c)(4) (relating to persons not to
   
                                    22  possess, use, manufacture, control, sell or transfer firearms).
   
                                    23  The notification shall be transmitted by the judge to the
   
                                    24  Pennsylvania
                                    State Police within seven days of the adjudication,
    25  commitment or treatment.
    26    
                                    (g)  Review by court.--
    27         (1) 
                                    Upon receipt of a copy of the order of a court of
    28     competent jurisdiction which vacates a final order or an
   
                                    29     involuntary certification issued by a mental health
                                    review
    30     officer,
                                    the Pennsylvania State Police shall expunge all
    20040H2583B3785                  - 2 -     

     1     records of the involuntary
                                    treatment received under
     2    
                                    subsection (f).
     3    
                                    [(2)  A person who is involuntarily committed pursuant to
    
                                    4     section 302 of the Mental Health Procedures Act may
                                    petition
     5     the
                                    court to review the sufficiency of the evidence upon
     6     which the commitment was based. If the court determines
                                    that
     7     the
                                    evidence upon which the involuntary commitment was based
     8     was insufficient, the court shall order that the record of
    
                                    9     the commitment submitted to the Pennsylvania State
                                    Police be
    10     expunged.
                                    A petition filed under this subsection shall toll
    11     the 60-day period set forth under section 6105(a)(2).
   
                                    12         (3)  The Pennsylvania State Police shall expunge all
    13     records
                                    of an involuntary commitment of an individual who is
   
                                    14     discharged from a mental health facility based upon
                                    the
    15    
                                    initial review by the physician occurring within two hours of
   
                                    16     arrival
                                    under section 302(b) of the Mental Health Procedures
    17    
                                    Act and the physician's determination that no severe mental
    18     disability existed pursuant
                                    to section 302(b) of the Mental
    19     Health Procedures Act. The physician shall provide signed
    20     confirmation
                                    of the determination of the lack of severe
   
                                    21     mental disability following the initial examination
                                    under
    22 
                                    section 302(b) of the Mental Health Procedures Act to the
    23  Pennsylvania State Police.]
    24     * *
                                    *
    25  (k)  Definitions.--As used in this section, the following
    26  words and phrases shall
                                    have the meanings given to
                                    them in this
    27  subsection:
   
                                    28 "Firearm."  The term shall have the same meaning as in
   
                                    29  section 6111.2 (relating to firearm sales surcharge).
   
                                    30  ["Physician."  Any licensed
                                    psychiatrist or clinical
    20040H2583B3785                 
                                    - 3 -     

     1  psychologist as defined in the act of
                                    July 9, 1976 (P.L.817,
     2  No.143),
                                    known as the Mental Health Procedures Act.]
     3  Section 2.  Section 109(d) of the act of July 9, 1976
    
                                    4 (P.L.817, No.143), known as the Mental Health Procedures Act, is
     5  repealed insofar as it relates to the required reporting of
    
                                    6  individuals involuntarily committed or treated pursuant to
   
                                     7  section 302 of that act.
    
                                    8  Section 3.  On the effective
                                    date of this section, the
     9  Pennsylvania
                                    State Police shall expunge all records of
    10 
                                    involuntary treatment or commitment pursuant to section 302 of
    11  the act of July 9, 1976 (P.L.817, No.143), known as the Mental
   
                                    12  Health Procedures Act.
    13  Section 4.  This act shall take effect
                                    in 30 days.
 A person who has been adjudicated as an incompetent
                                    or who has 
been involuntarily 
committed to a mental institution for inpatient care and 
treatment
                                    under section 302, 303 or 304 
of the provisions of the act of July 9, 1976 (P.L 817, No  143)
                                    
known as the Mental Health Procedures Act
                                    
This paragraph shall not apply to any proceeding
                                    under 
section 302 of the Mental Health
                                    Procedures Act 
unless the examining physician
                                    has issued a 
certifica­tion that inpatient
                                    care was necessary 
or that the person was
                                    committable

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