PERSONS CHARGED WITH A CRIME OR UNDER SENTENCE


§ 5100.91. General.

 (a)  Any person subject to examination and treatment under section 401(a) of the act (50 P. S. §  7401(a)), may be subject to involuntary treatment under Article III of the act (50 P. S. § §  7301-7306), or may apply for voluntary treatment under §  5100.92 (relating to voluntary examination and treatment of a person charged with a crime or serving a sentence).

 (b)  Whenever a person subject to treatment under section 401(a) of the act is made subject to inpatient examination or treatment, he shall be transferred by the authority having jurisdiction to a designated approved facility after proceedings have been completed in accordance with the appropriate section of this chapter.

 (c)  Any person who is subject to inpatient examination or treatment and who remains subject to a criminal detainer or sentence, or who is under the jurisdiction of the juvenile court, shall be returned to the custody of that authority upon their discharge from treatment.

 (d)  Any person subject to inpatient examination and treatment shall be subject to any provisions of security imposed by the criminal juvenile court having jurisdiction, provided that the facility to which the person is being committed is capable of providing the security. If the facility is unable to provide the ordered security, the director of the facility shall immediately notify the court issuing the order.



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