SF 647

2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 09/11/2013 02:52pm

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.10, subdivision 1.

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

Section 1.

Minnesota Statutes 2012, section 253B.10, subdivision 1, is amended to read:

Subdivision 1.

Administrative requirements.

new text begin (a) new text end When a person is committed,
the court shall issue a warrant or an order committing the patient to the custody of the
head of the treatment facility. The warrant or order shall state that the patient meets the
statutory criteria for civil commitment.

new text begin (b) The commissioner shall prioritize patients being admitted from jail or a
correctional institution who are:
new text end

new text begin (1) ordered confined in a state hospital for an examination under Minnesota Rules of
Criminal Procedure, rules 20.01, subdivision 4, paragraph (a), and 20.02, subdivision 2;
new text end

new text begin (2) under civil commitment for competency treatment and continuing supervision
under Minnesota Rules of Criminal Procedure, rule 20.01, subdivision 7;
new text end

new text begin (3) found not guilty by reason of mental illness under Minnesota Rules of Criminal
Procedure, rule 20.02, subdivision 8, and under civil commitment or are ordered to be
detained in a state hospital or other facility pending completion of the civil commitment
proceedings; or
new text end

new text begin (4) committed under this chapter to the commissioner after dismissal of the patient's
criminal charges.
new text end

new text begin Patients described in this paragraph must be admitted to a service operated by the
commissioner within 48 hours. The commitment must be ordered by the court as provided
in section 253B.09, subdivision 1, paragraph (c).
new text end

new text begin (c) new text end Upon the arrival of a patient at the designated treatment facility, the head of the
facility shall retain the duplicate of the warrant and endorse receipt upon the original
warrant or acknowledge receipt of the order. The endorsed receipt or acknowledgment
must be filed in the court of commitment. After arrival, the patient shall be under the
control and custody of the head of the treatment facility.

new text begin (d) new text end Copies of the petition for commitment, the court's findings of fact and
conclusions of law, the court order committing the patient, the report of the examiners,
and the prepetition report shall be provided promptly to the treatment facility.