MENTAL HEALTH: Voluntary and Involuntary Commitments in Pennsylvania

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A mental health crisis can happen to anyone at any time. A crisis is not just caused by certain mental disorders; a mental health crisis can occur as a result of stress or from grief after losing a loved one. Sometimes a person’s mental health may be questioned because of the use of alcohol and/or drugs. If you or someone you know experiences a mental health crisis, there are certain options available in Pennsylvania that you should be aware of.

Mental health in Pennsylvania is governed by the Mental Health Procedures Act (MHPA). Under the MHPA, “Treatment on a voluntary basis shall be preferred to involuntary treatment; and in every case, the least restrictions consistent with adequate treatment shall be employed.” 50 P.S. § 7102.

1. Voluntary Commitment (201)

A Voluntary Commitment is commonly known as a “201” because it is Section 7201 of the MHPA. Any person 14 years of age or over who believes that they are in need of treatment may submit themselves to examination and treatment, so long as they are doing so voluntarily. It’s important to know about voluntary commitments because there is no requirement to inform a patient that they may voluntarily commit themselves.

2. Involuntary Commitment (302)

An Involuntary Commitment is commonly known as a “302” because it is Section 7302 of the MHPA. A person may be made subject to involuntary emergency examination and treatment if it is determined that they pose a clear and present danger to themself or others. However, under a 302, a person may only be subjected to treatment no longer than 120 hours unless a 303 petition is filed.

3. Extended Emergency Involuntary Treatment (303)

An Extended Emergency Involuntary Treatment is commonly known as a “303” because it is Section 7303 of the MHPA. If a 303 petition is filed, the patient has a right to a 303 hearing to determine if further treatment beyond the initial 120 hours is necessary. At the hearing, the patient has a right to an attorney. Generally, the treating psychiatrist will testify whether the patient requires further treatment. If the Mental Health Review Officer determines that further treatment is necessary, he or she can order further treatment for a period not to exceed 20 days.

4. Longer-Term In-Patient Treatment (304b)

The procedure for extending a patient’s treatment is described in Section 7304(b) of the MHPA, and therefore, it is commonly known as a “304b.” Like a 303, the patient has a right to a hearing and counsel; however, if the Mental Health Review Officer determines that further treatment is necessary, he or she can order further treatment for a period not to exceed 90 days.

5. Extended Long-Term Treatment (305)

An Extended Long-Term Treatment is governed by Section 7305 of the MHPA, and is commonly known as a “305.” Similar to above, the patient has a right to a hearing and counsel, but if the Mental Health Review Officer determines that the patient needs further treatment, the patient can be ordered to undergo further treatment for a period not to exceed 180 days.

Effect of Involuntary Commitment

Under the MHPA, all counties are required to submit the names of the individuals who have been involuntary committed to inpatient treatment to the Pennsylvania State Police. The Act prohibits anyone committed under Sections 302, 303, or 304 to possess, use, manufacture, control, sell, or transfer firearms. A person has the right to appeal this process and can do so by filing a petition asking for the record to be expunged. This can be a complicated process, contact an attorney if you need assistance expunging an involuntary commitment.

DISCLAIMER: The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.