§ 5100.89. Additional periods of court-ordered involuntary treatment not to exceed 180 days.

 (a)  When it is determined that additional periods of court-ordered involuntary treatment will be sought, the proceedings in §  5100.87 (relating to extended involuntary emergency treatment not to exceed 20 days), shall be followed:

 (b)  An application for an additional period of court-ordered involuntary treatment shall be filed not less than 10 days prior to the termination of the court-ordered involuntary treatment period. With all such filings, the director shall have notified the appropriate administrator prior to the time of filing the proposed plan.

 (c)  Occurrence of specific conduct constituting clear and present danger under section 301 of the act (50 P. S. §  7301), is not required to demonstrate the need for continuing involuntary treatment.

 (d)  Relevant factors in determining the need for continued involuntary treatment include, among others, the following:

   (1)  The person’s willingness to participate in voluntary treatment.

   (2)  The continuing presence of the condition for which the individual has been receiving treatment.

   (3)  Any dangerous or debilitating conduct during the most recent period of treatment.

   (4)  The availability of outpatient placement and the likehood that the patient will take advantage of such treatment.

   (5)  The availability of community resources and supports to assist the person in a less restrictive setting.

 (e)  When an application is made for an additional period of court-ordered involuntary treatment for persons under criminal jurisdiction, notice shall be sent to the warden or superintendent of the correctional facility to which the person otherwise would be returned.

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