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COMMONWEALTH PENNSYLVANIA v. JOSEPH KALLINGER (04/19/82)

decided: April 19, 1982.

COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF PUBLIC WELFARE, APPELLANT
v.
JOSEPH KALLINGER, APPELLEE



Appeal from the Order of the Court of Common Pleas of Dauphin County in the case of Commonwealth of Pennsylvania v. Joseph Kallinger, No. 5470 S 1980.

COUNSEL

Prince Altee Thomas, Deputy Attorney General, for appellant.

Robert L. Knupp, Assistant Solicitor, for petitioner below, County of Dauphin.

Shelly D. Yanoff, Assistant City Solicitor, with him Pauline C. Cohen, Chief Assistant City Solicitor, and Alan J. Davis, City Solicitor, for appellee, County of Philadelphia.

Judges Rogers, Craig and MacPhail, sitting as a panel of three. Opinion by Judge Craig. This decision was reached prior to the resignation of Judge Mencer.

Author: Craig

[ 66 Pa. Commw. Page 199]

The Commonwealth of Pennsylvania (Commonwealth) appeals two orders of the Court of Common Pleas of Dauphin County. The first order held the

[ 66 Pa. Commw. Page 200]

Commonwealth responsible for the cost of mental health treatment for Joseph Kallinger, a state correctional institution prisoner, from January 26, 1979. The second order denied the Commonwealth's preliminary objections because they were untimely filed.

In 1975, in Dauphin County, Kallinger was convicted of a series of crimes committed in Dauphin County and sentenced to combined prison terms of not less than thirty years nor more than eighty years. After this trial, Kallinger was transferred to New Jersey where he was tried and convicted of crimes committed in that state. In March, 1978, Kallinger was returned to Pennsylvania and incarcerated at the State Correctional Institution at Huntingdon (Huntingdon).

In May, 1978, the superintendent at Huntingdon initiated a petition for Kallinger's involuntary treatment under the Mental Health Procedures Act of 1976*fn1 (Procedures Act), Section 304.*fn2 The Huntingdon County Court of Common Pleas committed Kallinger to Farview State Hospital (Farview) with costs of his treatment to be paid by Dauphin County.

The parties agree that Dauphin County was responsible for the cost of Kallinger's care in Farview from his entry there until January 26, 1979.*fn3 On that date, Section 408 of the Procedures Act*fn4 became effective, providing, in pertinent part, that

[ 66 Pa. Commw. Page 201]

The Commonwealth shall pay for the costs . . . in excess of $120 per day made on behalf of any person who is a resident of a county located within the Commonwealth and who receives treatment and for whom liability is imposed on the county pursuant to section 505(a) of the . . . Mental Health and Mental Retardation Act of 1966. All costs up to and including $120 per day shall be imposed upon the county of his residence. In the event that a residency cannot be determined to be in a county within the Commonwealth by the court that convicted or sentenced the person, ...


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