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PA Bulletin, Doc. No. 07-929

THE COURTS

Title 252--ALLEGHENY
COUNTY RULES

ALLEGHENY COUNTY

Rules of the Court of Common Pleas; No. CP-02-AD-1-2007 Rules Doc.

[37 Pa.B. 2411]
[Saturday, May 26, 2007]

Order of Court

   And Now, to wit, this 9th day of May, 2007, pursuant to action to the Board of Judges, the following revised local Rule 523.1 affecting the Criminal Division of the Court of Common Pleas is adopted, effective thirty (30) days after Publication in the Pennsylvania Bulletin.

By the Court

JOSEPH M. JAMES,   
President Judge

Rule 523.1  Behavior Clinic Evaluation as Condition of Bail

   (a)  In any court case where the defendant is preliminarily arraigned and the issuing authority has a good faith concern as to the defendant's adjudicative competency, or has reason to believe that the defendant is severely mentally disabled and may be in need of eventual court-ordered treatment upon a determination of clear and present danger pursuant to the definitions in the Mental Health Procedures Act (50 P. S. § 7101, et seq.), the issuing authority may make it a condition of bail that the defendant be examined by the Behavior Clinic within forty-eight (48) hours if the preliminary arraignment occurs on Monday through Friday, otherwise within seventy-two (72) hours.

   (b)  In any court case, at the time of the preliminary hearing, if the issuing authority has a good faith concern as to the defendant's adjudicative competency, or has reason to believe that the defendant is severely mentally disabled and may be in need of eventual court-ordered treatment upon a determination of clear and present danger pursuant to the definitions in the Mental Health Procedures Act (50 P. S. § 7101, et seq.), the issuing authority, when permitted by the Pennsylvania Rules of Criminal Procedure, may make it a condition of bail that the defendant be examined by the Behavior Clinic within seventy-two (72) hours of preliminary hearing.

[Pa.B. Doc. No. 07-929. Filed for public inspection May 25, 2007, 9:00 a.m.]


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