HF 1556

as introduced - 88th Legislature (2013 - 2014) Posted on 03/13/2013 03:05pm

A bill for an act
relating to civil commitment; limiting the time period that a person may be held
in jail or state correctional facility pending or after civil commitment; amending
Minnesota Statutes 2012, section 253B.045, subdivision 2; proposing coding for
new law in Minnesota Statutes, chapter 253B; repealing Minnesota Statutes
2012, section 253B.045, subdivision 1a.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 253B.045, subdivision 2, is amended to
read:

Subd. 2.

Facilities.

(a) Each county or a group of counties shall maintain or provide
by contract a facility for confinement of persons held temporarily for observation,
evaluation, diagnosis, treatment, and care. When the temporary confinement is provided
at a regional treatment center, the commissioner shall charge the county of financial
responsibility for the costs of confinement of persons hospitalized under section 253B.05,
subdivisions 1 and 2, and section 253B.07, subdivision 2b, except that the commissioner
shall bill the responsible health plan first. If the person has health plan coverage, but the
hospitalization does not meet the criteria in subdivision 6 or section 62M.07, 62Q.53,
or 62Q.535, the county is responsible. deleted text begin When a person is temporarily confined in a
Department of Corrections facility solely under subdivision 1a, and not based on any
separate correctional authority:
deleted text end

deleted text begin (1) the commissioner of corrections may charge the county of financial responsibility
for the costs of confinement; and
deleted text end

deleted text begin (2) the Department of Human Services shall use existing appropriations to fund
all remaining nonconfinement costs. The funds received by the commissioner for the
confinement and nonconfinement costs are appropriated to the department for these
purposes.
deleted text end

(b) For the purposes of this subdivision, "county of financial responsibility" has the
meaning specified in section 253B.02, subdivision 4c, or, if the person has no residence
in this state, the county which initiated the confinement. The charge for confinement
in a facility operated by the commissioner of human services shall be based on the
commissioner's determination of the cost of care pursuant to section 246.50, subdivision
5. When there is a dispute as to which county is the county of financial responsibility, the
county charged for the costs of confinement shall pay for them pending final determination
of the dispute over financial responsibility.

Sec. 2.

new text begin [253B.046] LIMITED TIME PERIOD.
new text end

new text begin (a) Notwithstanding any law to the contrary, a person being held under a judicial
hold in jail pending a court order for civil commitment shall be transferred to a
treatment facility with an appropriate level of security within 48 hours of the first date
of confinement under the hold.
new text end

new text begin (b) Notwithstanding any law to the contrary, a person confined in a correctional
facility or jail who is civilly committed to a treatment facility with an appropriate level
of security by court order must be placed in that facility within 48 hours of the date of
commitment.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2013, and applies to civil
commitment proceedings beginning on or after that date.
new text end

Sec. 3. new text begin PERSONS PRESENTLY CONFINED.
new text end

new text begin A person confined in a correctional facility or jail for more than 48 hours pending
transfer to a treatment facility with an appropriate level of security on July 31, 2013, shall
be transferred to the secure treatment facility within 48 hours of that date.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2013.
new text end

Sec. 4. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall make necessary cross-reference and language changes
resulting from the repealer under section 5 in Minnesota Statutes 2012, sections 253B.07,
subdivision 2b, and 253B.185, subdivision 5.
new text end

Sec. 5. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, section 253B.045, subdivision 1a, new text end new text begin is repealed.
new text end