6404 - Duration of commitment and review.

     § 6404.  Duration of 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 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 treatment of        one year; otherwise, the court shall order the discharge of        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)  Discharge.--            (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, 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 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 commitment. Otherwise, the court shall order        the discharge of the person.            (4)  The department shall provide the person with notice        of the person's right to petition the court for discharge        over the objection of the department. The court, after review        of the petition, may schedule a hearing pursuant to section        6403(c).     (Nov. 29, 2004, P.L.1364, No.176, eff. imd.)        2004 Amendment.  Act 176 amended subsec. (c)(3).