In a bulletin dated September 12 (OMHSAS-02-04), the Office of Mental Health and Substance Abuse Services (OMHSAS) provided an interpretation of Pennsylvania law related to § 402(b) involuntary commitment. OMHSAS has received many questions about two issues:
- The appropriateness of using the criteria listed under § 402(b) of the Mental Health Procedures Act (MHPA) for involuntary mental health treatment for a person found to be incompetent to stand trial if the individual also meets the criteria under § 301 of the MHPA.
- The appropriateness of recommitting an individual an indefinite number of times under a § 402(b) court commitment.
Clarifying Information:
- Article III of the MHPA relates to the involuntary examination and treatment of an individual.
- § 301 discusses the persons who may be subject to involuntary commitment.
- § 402(b) provides criteria for individuals who are subject to involuntary treatment when that person is found incompetent to stand trial but are not mentally disabled.
The conclusion OMHSAS came to after reviewing the MHPA and the results of court decisions, is as follows:
- A person who meets the criteria for involuntary commitment as defined in Article III of the MHPA may not be subject to § 402(b) commitment.
- A person who is subject to § 402(b) commitment may not be subject to recommitment under that section.
A copy of the bulletin is available in PDF format from this link. For more information contact Rebecca May Cole at the Association.