2010 Pennsylvania Code
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 97 - Sentencing
9727 - Disposition of persons found guilty but mentally ill.

     § 9727.  Disposition of persons found guilty but mentally ill.
        (a)  Imposition of sentence.--A defendant found guilty but
     mentally ill or whose plea of guilty but mentally ill is
     accepted under the provisions of 18 Pa.C.S. § 314 (relating to
     guilty but mentally ill) may have any sentence imposed on him
     which may lawfully be imposed on any defendant convicted of the
     same offense. Before imposing sentence, the court shall hear
     testimony and make a finding on the issue of whether the
     defendant at the time of sentencing is severely mentally
     disabled and in need of treatment pursuant to the provisions of
     the act of July 9, 1976 (P.L.817, No.143), known as the "Mental
     Health Procedures Act."
        (b)  Treatment.--
            (1)  An offender who is severely mentally disabled and in
        need of treatment at the time of sentencing shall, consistent
        with available resources, be provided such treatment as is
        psychiatrically or psychologically indicated for his mental
        illness. Treatment may be provided by the Bureau of
        Correction, by the county or by the Department of Public
        Welfare in accordance with the "Mental Health Procedures
        Act."
            (2)  The cost for treatment of offenders found guilty but
        mentally ill, committed to the custody of the Bureau of
        Correction and transferred to a mental health facility, shall
        be borne by the Commonwealth.
        (c)  Discharge report.--When a treating facility designated
     by either the Bureau of Correction or the Department of Public
     Welfare discharges such a defendant from treatment prior to the
     expiration of his maximum sentence, that treating facility shall
     transmit to the Pennsylvania Board of Probation and Parole, the
     correctional facility or county jail to which the offender is
     being returned and the sentencing judge a report on the
     condition of the offender together with the reasons for its
     judgments, which describes:
            (1)  The defendant's behavior.
            (2)  The course of treatment.
            (3)  The potential for recurrence of the behavior.
            (4)  The potential for danger to himself or the public.
            (5)  Recommendations for future treatment.
        (d)  Prerelease and parole conditions.--An offender who is
     discharged from treatment may be placed on prerelease or parole
     status under the same terms and laws applicable to any other
     offender. Psychological and psychiatric counseling and treatment
     may be required as a condition of such status. Failure to
     continue treatment, except by agreement of the supervising
     authority, shall be a basis for terminating prerelease status or
     instituting parole violation hearings.
        (e)  Parole procedure.--The paroling authority may consider
     the offender for parole pursuant to other law or administrative
     rules. When the paroling authority considers the offender for
     parole, it shall consult with the treating facility at which the
     offender is being treated or from which he was discharged.
        (f)  Probation.--
            (1)  If an offender who is found guilty but mentally ill
        is placed on probation, the court may, upon recommendation of
        the district attorney or upon its own initiative, make
        treatment a condition of probation.
            (2)  Reports as specified by the trial judge shall be
        filed with the probation officer and the sentencing court.
        Failure to continue treatment, including the refusal to take
        such drugs as may be prescribed, except by agreement of the
        sentencing court, shall be a basis for the institution of
        probation violation hearings. The period of probation shall
        be the maximum permitted by law and shall not be reduced
        without receipt and consideration by the court of a mental
        health status report like that required in subsection (c).
            (3)  Treatment shall be provided by an agency approved by
        the Department of Public Welfare or, with the approval of the
        sentencing court and at individual expense, by private
        agencies, private physicians or other mental health
        personnel. A mental health status report, containing the
        information set forth in subsection (c), shall be filed with
        the probation officer and the sentencing court every three
        months during the period of probation. If a motion on a
        petition to discontinue probation is made by the defendant,
        the probation officer shall request a report as specified
        from the treating facility.
     (Dec. 15, 1982, P.L.1262, No.286, eff. 90 days)

        1982 Amendment.  Act 286 added section 9727. Section 4 of Act
     286 provided that Act 286 shall apply to all indictments or
     informations filed on or after the effective date of Act 286.
        References in Text.  The Bureau of Correction, referred to in
     subsec. (b)(1), is now the Department of Corrections.
        Cross References.  Section 9727 is referred to in section 314
     of Title 18 (Crimes and Offenses).