§ 7402. Incompetence to proceed on criminal charges and lack of criminal responsibility as defe...
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 50 P.S. Mental HealthEffective: May 19, 2014
Effective: May 19, 2014
50 P.S. § 7402
§ 7402. Incompetence to proceed on criminal charges and lack of criminal responsibility as defense
(a) Definition of Incompetency.--Whenever a person who has been charged with a crime is found to be substantially unable to understand the nature or object of the proceedings against him or to participate and assist in his defense, he shall be deemed incompetent to be tried, convicted or sentenced so long as such incapacity continues.
(b) Involuntary Treatment of Persons Found Incompetent to Stand Trial Who are Not Mentally Disabled.--Notwithstanding the provisions of Article III of this act,1 a court may order involuntary treatment of a person found incompetent to stand trial but who is not severely mentally disabled, such involuntary treatment not to exceed a specific period of 60 days. Involuntary treatment pursuant to this subsection may be ordered only if the court is reasonably certain that the involuntary treatment will provide the defendant with the capacity to stand trial. The court may order outpatient treatment, partial hospitalization or inpatient treatment.
(c) Application for Incompetency Examination.--Application to the court for an order directing an incompetency examination may be presented by an attorney for the Commonwealth, a person charged with a crime, his counsel, or the warden or other official in charge of the institution or place in which he is detained. A person charged with crime shall be represented either by counsel of his selection or by court-appointed counsel.
(d) Hearing; When Required.--The court, either on application or on its own motion, may order an incompetency examination at any stage in the proceedings and may do so without a hearing unless the examination is objected to by the person charged with a crime or by his counsel. In such event, an examination shall be ordered only after determination upon a hearing that there is a prima facie question of incompetency. Upon completion of the examination, a determination of incompetency shall be made by the court where incompetency is established by a preponderance of the evidence.
(3) The person shall be entitled to have counsel present with him and shall not be required to answer any questions or to perform tests unless he has moved for or agreed to the examination. Nothing said or done by such person during the examination may be used as evidence against him in any criminal proceedings on any issue other than that of his mental condition.
(f) Experts.--The court may allow a psychiatrist or licensed psychologist retained by the defendant and a psychiatrist or licensed psychologist retained by the Commonwealth to witness and participate in the examination. Whenever a defendant who is financially unable to retain such expert has a substantial objection to the conclusions reached by the court-appointed psychiatrist or licensed psychologist, the court shall allow reasonable compensation for the employment of a psychiatrist or licensed psychologist of his selection, which amount shall be chargeable against the mental health and mental retardation program of the locality.
(h) Definition.--As used in this section, the term “licensed psychologist” means an individual licensed under the act of March 23, 1972 (P.L. 136, No. 52),2 known as the “Professional Psychologists Practice Act.”
Credits
1976, July 9, P.L. 817, No. 143, § 402, effective in 60 days. Amended 1978, Nov. 26, P.L. 1362, No. 324, § 2, effective in 60 days; 1996, July 2, P.L. 481, No. 77, § 2, imd. effective; 2014, March 19, P.L. 50, No. 21, § 1, effective in 60 days [May 19, 2014].
50 P.S. § 7402, PA ST 50 P.S. § 7402
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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