Pennsylvania Statutes Title 50 P.S. Mental Health § 4415. Commitment or transfers to facilities of the United States Government or of another State; reciprocal agreements

(a) Except when a person has been charged with or sentenced for crime, if proceedings for his admission or commitment have been effected he may be committed or transferred to the Veterans Administration or any other agency of the United States government or to another state for care therein.

(b) It shall be the duty of the department to take such steps and adopt such measures as are necessary to accomplish such commitment or transfer. For such purpose the department, subject to the approval of the Attorney General, is hereby authorized to enter into reciprocal agreements with any agency of the United States government and with corresponding State agencies of other states regarding the intrastate and interstate transportation or transfer of persons with mental disability to such Federal or State agency and to arrange with the proper officials in this State for the acceptance, transfer and support of persons who are residents of this State but who are temporarily detained or who are receiving, care for mental disability in public facilities of the Federal government, or of other states in accordance with the terms of such agreements. This paragraph shall be so interpreted and construed as to effectuate its general purpose and to make uniform the laws of those jurisdictions and states which have enacted similar legislation.

(c) If the jurisdiction of the court has attached, such court must consent to the transfer. Where it appears that said transfer cannot be accomplished solely because the person whose transfer is sought stands charged with crime, the court having jurisdiction of the charge may dismiss the same upon condition that the transfer is accomplished if the interests of the Commonwealth do not require prosecution.

(d) The consent of the person whose transfer is sought must also be obtained, except where any portion of the cost of his care is borne by the Commonwealth or any political subdivision.

(e) The provisions of this section are intended to be supplemental to the provisions of the Interstate Compact on Mental Health, act of July 25, 1961 (P.L. 860). 1