Section 302 – The Involuntary Commitment Process in Pennsylvania – How long can the county hold you. What happens next under sections 303, 304 and 305?   

Our criminal defense law firm represents individuals charged with crimes in Pennsylvania and New Jersey. While our law firm focuses its practice on representing those arrested and facing criminal allegations, there are situations where we are called to advise families and represent individuals during the Section 302 process under Pennsylvania’s Mental Health Procedures Act, Article III- Involuntary Examination and Treatment.

What is a Section 302 Commitment? 

When it is alleged that someone you know or a loved one is experiencing a serious behavioral health issue and appears to need immediate inpatient psychiatric treatment, the 302 process can be initiated. A 302 commitment in Pennsylvania is an involuntary commitment for psychiatric placement at an inpatient psychiatric unit.  It is important to keep in mind that a 302 commitment can only be processed in the same County in which the behavior occurred.

What is the criteria for a 302 commitment

To be considered for a 302 commitment a person must meet one of the following criteria within the past thirty (30) days:

• Immediate risk of danger to themselves or others.
• Inability to care for themselves without supervision of another person, for example not taking life sustaining medications, not drinking, or eating.
• Attempted suicide or suicidal threats.
• Self-mutilation with the intent to end one’s life.

Who can file a 302 petition? 

A 302 commitment requires a petition. Petitioners can fall in either a Part A or Part B petition.

Part A Petition

A Part A petitioner is any person in the community who witnessed, firsthand, a person’s behavior or threats which meet the criteria for 302. In these situations, the petition must be approved by a designated County official.

Part B Petition

A Part B petitioner is a physician, police officer, County administrator, or County delegate. In this situation a medical doctor will complete evaluations for Part B petitions.

After a request is made a person will be assessed by a physician to determine if the 302 will be upheld or discontinued. If it is upheld the patient is mandated to receive inpatient psychiatric treatment and will be admitted involuntarily. A discontinued 302 means the patient does not meet the criteria and inpatient psychiatric treatment is not necessary.

How long is a 302 commitment?    

If a person is admitted under 302, they may not be kept longer than one hundred twenty (120) hours, unless petition 303 is made-extended emergency involuntary treatment. This document would be filed be the hospital under Section 303.

What is a Section 303 commitment?

Under Section 303 if a doctor determines that additional inpatient days are needed, the hospital will file a petition with the Courts for extended treatment. If additional days are not needed the individual will be discharged from the hospital within one hundred twenty (120) hours.

A 303 Hearing is held at the treating hospital to determine if further treatment is needed. At a 303 Hearing a treating psychiatrist must testify regarding serious mental health issues and the need for further treatment.

At this Hearing the patient is entitled to defense counsel, the hospital is represented by an attorney from the County Law Department, and a Mental Health Review Officer acts as the Judge during these proceedings. If the Mental Health Review Officer finds sufficient dangerous conduct and a need for further treatment she can order further treatment not to exceed twenty (20) days.

What is a Section 304 commitment?

If longer inpatient treatment is needed another petition can be filed under 304-longer term inpatient treatment. This longer term requires the same process as Section 303 and allows additional treatment not to exceed an additional ninety (90) days.

What is a Section 305 commitment?

Finally, if further treatment is needed beyond ninety (90) days a 305 petition may be filed-extended long term treatment which allows additional inpatient treatment not to exceed one hundred eighty (180) days.