50 Pa. Stat. § 4410

Current through P.A. Acts 2023-32
Section 4410 - Commitment in lieu of sentence of person adjudged guilty of crime
(a) Whenever any person is adjudged guilty of a crime punishable by sentence to a penal or correctional institution, the trial court may defer sentence and order an examination of the defendant for mental disability to guide it in determining his disposition. Such action may be taken on the court's initiative, or on the application of the district attorney, the defendant, or his counsel or other person acting in his interest.
(b) The court shall order the defendant's examination at a designated facility or otherwise, by two physicians. The director or physicians shall make a written report of the findings to the court within sixty days of the date of the order, and the report shall be available to the Attorney for the Commonwealth, and counsel for the defendant.
(c) Upon receipt of a report that the defendant is so mentally disabled that it is advisable for his welfare or the protection of the community that he be committed to a facility, the court may so commit him in lieu of sentence for such period, as may be appropriate until further order of the court; but in no event for a period longer than the maximum sentence authorized for the crime of which he was adjudged guilty. If, upon expiration of such period, further care of such person is necessary, the director shall initiate appropriate proceedings under this act as if no crime had been involved.
(d) If at any time after commitment it is determined that partial hospitalization or outpatient care would be beneficial to the person so committed, such may be permitted by the court upon application therefor by the director, and upon such terms and conditions as the court may direct including the entry of bail to secure such person's return to the facility or his appearance.
(e) When a defendant is committed to a facility, an appeal shall lie in the same manner and with like effect as if sentence to a penal or correctional institution had been imposed, and may be taken by defendant or his counsel.

50 P.S. § 4410

1966, Special Sess. No. 3, Oct. 20, P.L. 96, art. IV, § 410, effective 1/1/1967.