Pennsylvania Motion for Psychiatric Examination of Defendant

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State:
Multi-State
Control #:
US-00802
Format:
Word; 
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Description

This form is a model motion for psychiatric examination of an indigent defendant by a private psychiatrist. The motion is made by defendant's attorney in hopes of ascertaining whether defendant is fit to stand trail. The court is asked to pay for the examination due to the defendant's indigence.
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A party may claim error in a ruling to admit or exclude evidence only: (1) if the ruling admits evidence, a party, on the record: (A) makes a timely objection, motion to strike, or motion in limine ; and (B) states the specific ground, unless it was apparent from the context; or (2) if the ruling excludes evidence, a ...

Motion for Dismissal. ([A]a) Untimely Filing of Information. (1) Upon motion and a showing that an information has not been filed within a reasonable time, the court may order dismissal of the prosecution, or in lieu thereof, make such other order as shall be appropriate in the interests of justice.

A 302 commitment in Pennsylvania is an involuntary commitment for psychiatric placement at an inpatient psychiatric unit. In order for a person to be considered for a 302 commitment, a person must meet one of the following criteria within the past 30 days: Imminent risk of danger to themselves or others.

A 303 commitment is granted by a mental health hearing officer after hearing testimony from the person that petitioned the 302 commitment, the attending physician, and the person who was involuntarily committed. A 303 commitment is effective for up to 20 days.

Extended Long-Term Treatment (305) A 305 hearing also requires the treating psychiatrist to testify about the consumer's mental health status, at which time the mental health review officer can order treatment for a period not to exceed an additional 180 days.

Involuntary Commitment (302) An involuntary commitment is an application for emergency evaluation and treatment for persons who are a danger to themselves or others due to a mental illness. A person applying for a 302 because they are concerned about another is referred to as a petitioner.

A person may be transferred under section 306 of the act (50 P. S. § 7306) from inpatient treatment to outpatient or partial hospitalization services and remain subject to involuntary commitment.

The MHPA gave that authority exclusively to juveniles age 14-18. Under the MHPA, a person can provide consent only if he or she ?substantially understand[s] the nature of such treatment and the treatment setting.?

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Pennsylvania Motion for Psychiatric Examination of Defendant