Skip to main content
Find a Lawyer

Pennsylvania Statutes Title 50 P.S. Mental Health § 4412. Transfer of State prisoners without court approval; retransfers; further commitments

Current as of January 01, 2025 | Updated by Findlaw Staff

(a) Whenever any person who is detained in a State penal or correctional institution is believed to be mentally disabled so that his commitment to a facility is necessary or desirable, he may, without court approval, be transferred to any facility operated by the department in accordance with the following procedures:

(1) Upon request of the Bureau of Correction of the Department of Justice, the department shall examine the prisoner at the penal or correctional institution or designate a facility as the place of transfer and order the director thereof forthwith to admit the prisoner for an examination of his mental condition.

(2) A report of examination shall be transmitted to the department within sixty days. The department shall, without court approval, either direct the bureau to remove the prisoner from the examining facility if such prisoner is not in need of care in a facility, or order the admission of the prisoner to a proper facility until sufficient improvement of his condition warrants his return to the custody of the bureau.

(b) The time during which said prisoner is committed to a facility shall be computed as part of the term for which he was sentenced.

(c) Whenever, prior to the expiration of the maximum term of such committed prisoner's sentence or sentences, it is determined that his care in a facility is no longer necessary he shall be retransferred to the custody of the bureau to serve his sentence in accordance with the following procedures:

(1) The department shall make request in writing to the bureau for the removal of such prisoner from the facility.

(2) Upon receipt of such request, the bureau shall, without court approval, order the retransfer of such prisoner by the bureau to such State correctional institution or correctional diagnostic and classification center, as shall be deemed appropriate, for confinement in accordance with said prisoner's sentence or sentences.

(d) Whenever it is believed that a prisoner who has been committed to a facility in accordance with the provisions of this section will need further care after the expiration of his maximum sentence or sentences, the director shall initiate appropriate proceedings under this act as if no crime had been involved.

(e) Transportation of such prisoner from a penal or correctional institution to a facility or his return to prison shall be effected by the bureau, at the bureau's cost.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Pennsylvania Statutes Title 50 P.S. Mental Health § 4412. Transfer of State prisoners without court approval; retransfers; further commitments - last updated January 01, 2025 | https://codes.findlaw.com/pa/title-50-ps-mental-health/pa-st-sect-50-4412/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard