SF 2734

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to civil commitment; allowing persons facing civil commitment as
sexually dangerous persons or sexual psychopathic personalities to choose to
be confined in correctional facilities while the petition is being adjudicated;
addressing the cost of care for persons facing civil commitment; addressing
access to certain data by county attorneys on persons facing civil commitment;
amending Minnesota Statutes 2006, sections 246.51, by adding a subdivision;
253B.045, subdivisions 1, 2, by adding a subdivision; Minnesota Statutes 2007
Supplement, section 253B.185, subdivision 1b.

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

Section 1.

Minnesota Statutes 2006, section 246.51, is amended by adding a
subdivision to read:

new text begin Subd. 1a. new text end

new text begin Cost of care for certain patients. new text end

new text begin The cost of care for persons under a
judicial hold order under section 253B.07, subdivision 2b, who are being petitioned for
commitment under section 253B.185 shall be treated as a separate treatment program. The
charge for services and cost of care shall be determined separately from the charge for
services and cost of care calculated for persons committed under section 253B.185.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2008.
new text end

Sec. 2.

Minnesota Statutes 2006, section 253B.045, subdivision 1, is amended to read:

Subdivision 1.

Restriction.

Except when ordered by the court pursuant to a finding
of necessity to protect the life of the proposed patient or others new text begin or as provided under
subdivision 1a new text end , no person subject to the provisions of this chapter shall be confined in a
jail or correctional institution, except pursuant to chapter 242 or 244.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2006, section 253B.045, is amended by adding a
subdivision to read:

new text begin Subd. 1a. new text end

new text begin Exception. new text end

new text begin When a person who is being petitioned for commitment under
section 253B.185 as a sexually dangerous person or person with a sexual psychopathic
personality is placed under a judicial hold order under section 253B.07, subdivision 2b,
the person may elect to be confined to a Department of Corrections facility or a county
correctional facility for the duration of the hold order.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2006, section 253B.045, subdivision 2, is amended to read:

Subd. 2.

Facilities.

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. "County of financial responsibility" means the county in which
the person resides at the time of confinement or, if the person has no residence in this
state, the county which initiated the confinement. The charge shall be based on the
commissioner's determination of the cost of care pursuant to section 246.50, deleted text begin subdivision deleted text end new text begin
subdivisions new text end 5 new text begin and 5a new text end . 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. Disputes about the
county of financial responsibility shall be submitted to the commissioner to be settled in
the manner prescribed in section 256G.09.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2008.
new text end

Sec. 5.

Minnesota Statutes 2007 Supplement, section 253B.185, subdivision 1b,
is amended to read:

Subd. 1b.

County attorney access to data.

new text begin (a) new text end Notwithstanding sections 144.291
to 144.298; 245.467, subdivision 6; 245.4876, subdivision 7; 260B.171; 260B.235,
subdivision 8; 260C.171; and 609.749, subdivision 6, or any provision of chapter 13
or other state law, prior to filing a petition for commitment as a sexual psychopathic
personality or as a sexually dangerous person, and upon notice to the proposed patient,
the county attorney or the county attorney's designee may move the court for an order
granting access to any records or data, to the extent it relates to the proposed patient, for
the purpose of determining whether good cause exists to file a petition and, if a petition
is filed, to support the allegations set forth in the petition.

The court may grant the motion if: (1) the Department of Corrections refers the case
for commitment as a sexual psychopathic personality or a sexually dangerous person; or
(2) upon a showing that the requested category of data or records may be relevant to
the determination by the county attorney or designee. The court shall decide a motion
under this subdivision within 48 hours after a hearing on the motion. Notice to the
proposed patient need not be given upon a showing that such notice may result in harm or
harassment of interested persons or potential witnesses.

new text begin (b) The county attorney may obtain access to the data specified under paragraph (a)
without a court order or notice to the proposed patient if the data are maintained by the
Department of Corrections or a probation or parole authority or agency.
new text end

new text begin (c) new text end Data collected pursuant to this subdivision shall retain their original status and,
if not public, are inadmissible in any court proceeding unrelated to civil commitment,
unless otherwise permitted.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end