Current through Register Vol. 54, No. 45, November 9, 2024
Section 97.103 - Commitment for assessment(a) Prior to imposing sentence, the court may, upon motion of the Commonwealth and agreement of the defendant, commit a defendant to the custody of the Department for the purpose of evaluating whether the defendant would benefit from a DOTP and whether placement in a DOTP is appropriate.(b) The committing county shall deliver a defendant committed to the custody of the Department for purposes of an evaluation to the institution the Department has designated for reception of inmates from that county. The defendant shall be housed in a State correctional institution while undergoing the evaluation. The following documents shall be delivered to the Department simultaneously with the defendant's arrival. The Department may refuse to accept for evaluation a defendant who is delivered to the Department by the county without all the documents listed as follows: (1) A certified copy of the order committing the defendant to the Department's custody for purposes of an evaluation.(2) A summary of the offense for which the inmate has been convicted, including the criminal complaint and police report summarizing the facts of the crime, if available, or a copy of the affidavit of probable cause accompanying the arrest warrant.(3) A record of the defendant's adjustment in the county correctional facility, including, misconducts and escape history.(4) Any current medical or psychological condition requiring treatment, including, suicide attempts.(5) Any medical admission testing performed by the county and the results of those tests, including, hepatitis, HIV/AIDS, tuberculosis or other infectious disease testing.(6) A notice of current and previously administered medications. The notice must include the name and dosage of the medications provided to the inmate while incarcerated in the county as well as over-the-counter medications used by the inmate and known to the county. The notice must list medications provided or used during the preceding calendar year.(7) A 48 hour supply of current medications.(c) Within 7 days of delivery of the defendant to the Department for an evaluation, the committing county shall provide the Department with the following:(1) A summary of the disposition of all arrests noted on the defendant's record of arrest and prosecution (RAP Sheet).(2) Any available information regarding the defendant's history of drug or alcohol abuse, addiction or treatment, including any evaluation performed using Court Reporting Network instruments or other evaluation techniques deemed appropriate by the court under 75 Pa.C.S. § 3816 (relating to requirements for driving under the influence offenders) or any other provision of law.(3) A presentence investigation when available or if a presentence investigation cannot be completed, the official version of the crime for which the offender was convicted or a copy of the guilty plea transcript or a copy of the preliminary hearing transcript.(4) A copy of the guideline sentence form issued by the Commission.(5) Other information the court deems relevant to assist the Department with its assessment of the defendant.