The term “302” refers to a specific section of the Mental Health Procedures Act in Pennsylvania, which governs the involuntary emergency commitment of an individual for mental health evaluation and treatment. This legal action allows for a temporary suspension of a person’s liberty when they are deemed to pose a clear and present danger to themselves or others due to a severe mental disability. The goal of a 302 is not to provide long-term care, but to secure an immediate, mandatory psychiatric examination and short-term stabilization in a designated facility. It is an emergency measure designed to intervene when an individual is unwilling or unable to seek help voluntarily.
Defining the Legal Standard for an Emergency Commitment
The legal threshold for a Section 302 emergency commitment is the determination that an individual is “severely mentally disabled” and presents a “clear and present danger” to themselves or to others. This standard requires recent, observable behavior, meaning the dangerous acts or threats must have occurred within the previous 30 days. The concept of danger is clearly defined and must be supported by specific evidence rather than mere speculation or generalized concern.
Danger to oneself is established by showing the person has attempted suicide, made serious threats of suicide with actions taken to further those threats, or has engaged in self-mutilation. It can also be met if the individual is so severely disabled that they are unable to secure essential needs like nourishment, medical care, or shelter. This inability to self-care must be severe enough that it would likely result in serious physical harm or death within 30 days without intervention.
Danger to others is met when the individual has inflicted or attempted to inflict serious bodily harm on another person, or has made threats of serious bodily harm and taken steps to act on those threats. The law requires a direct link between the person’s mental illness and the demonstrated behavior that constitutes a danger. This legal framework ensures that the involuntary action is reserved for true emergencies where immediate intervention is necessary.
How an Emergency Commitment is Initiated
The process of initiating a 302 begins with the filing of a petition by any responsible person who has witnessed the dangerous behavior firsthand. This petition is submitted to a county mental health delegate, who reviews the evidence to determine if it meets the “clear and present danger” criteria laid out in the law. If the delegate approves the petition, a warrant is issued authorizing law enforcement or another designated authority to transport the individual to a facility for an emergency examination.
Certain professionals, including police officers and physicians, possess the authority to initiate a 302 without first obtaining a warrant from the county delegate. These individuals can take a person directly to an approved facility for evaluation based on their immediate observation of the dangerous behavior. Regardless of who initiates the process, the individual is then transported, often with the assistance of law enforcement or ambulance services, to an emergency room or psychiatric facility designated to handle these commitments.
Upon arrival at the facility, the individual must be examined by a physician within two hours of being presented for evaluation. This evaluation determines if the person meets the legal criteria for involuntary inpatient treatment. If the physician determines the individual is still a clear and present danger, the 302 hold is upheld, and the person is admitted for emergency treatment. If the criteria are not met, the individual must be discharged.
Duration and Subsequent Legal Steps
The Section 302 commitment is limited in duration, serving as an emergency hold to ensure immediate safety and evaluation. An individual admitted under a 302 cannot be held for involuntary treatment for a period exceeding 120 hours, which is equivalent to five days. This time limit begins once the individual arrives at the evaluation facility and is examined by the physician.
If the treating physician and clinical team determine that the individual continues to pose a clear and present danger and requires further involuntary treatment beyond the initial 120 hours, the facility must file a formal petition with the court. This request is for extended emergency involuntary treatment, known as a Section 303 commitment. The filing of a 303 petition must occur before the 120-hour limit of the 302 expires.
The request for a 303 commitment necessitates a formal hearing, which is usually held at the hospital and is overseen by a Mental Health Review Officer. The individual is afforded legal representation to contest the continued involuntary treatment. If the Review Officer finds that the legal criteria for ongoing danger are met, they can authorize an extension of involuntary treatment for up to 20 additional days. If the individual agrees to continue treatment, they may convert their status to a voluntary commitment at any point.