6403 - Court-ordered involuntary treatment.

     § 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 the institution or other        facility upon attaining 20 years of age.            (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. 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     inpatient involuntary 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.        Cross References.  Section 6403 is referred to in section     6404 of this title.