HF 489

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to civil commitment; clarifying standards and 
  1.3             procedures; modifying procedures governing persons 
  1.4             committed as mentally ill and dangerous to the public; 
  1.5             amending Minnesota Statutes 1998, sections 253B.065, 
  1.6             subdivision 5; 253B.17, subdivision 1; 253B.18, 
  1.7             subdivisions 1, 2, and 4c; 253B.23, subdivision 7; and 
  1.8             256G.08, subdivision 1. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1998, section 253B.065, 
  1.11  subdivision 5, is amended to read: 
  1.12     Subd. 5.  [EARLY INTERVENTION CRITERIA.] (a) A court shall 
  1.13  order early intervention treatment of a proposed patient who 
  1.14  meets the criteria under paragraph (b).  The early intervention 
  1.15  treatment must be less intrusive than long-term inpatient 
  1.16  commitment and must be the least restrictive treatment program 
  1.17  available that can meet the patient's treatment needs. 
  1.18     (b) The court shall order early intervention treatment if 
  1.19  the court finds all of the elements of the following factors by 
  1.20  clear and convincing evidence: 
  1.21     (1) the proposed patient is mentally ill; 
  1.22     (2) the proposed patient refuses to accept appropriate 
  1.23  mental health treatment; and 
  1.24     (3) the proposed patient's mental illness is manifested by 
  1.25  instances of grossly disturbed behavior or faulty perceptions 
  1.26  and either: 
  1.27     (i) the grossly disturbed behavior or faulty perceptions 
  2.1   significantly interfere with the proposed patient's ability to 
  2.2   care for self and the proposed patient, when competent, would 
  2.3   have chosen substantially similar treatment under the same 
  2.4   circumstances; or 
  2.5      (ii) due to the mental illness, the proposed patient 
  2.6   received court-ordered inpatient treatment under section 253B.09 
  2.7   at least two times in the previous three years; the patient is 
  2.8   exhibiting symptoms or behavior substantially similar to those 
  2.9   that precipitated one or more of the court-ordered treatments; 
  2.10  and the patient is reasonably expected to physically or mentally 
  2.11  deteriorate to the point of meeting the criteria for commitment 
  2.12  under section 253B.09 unless treated. 
  2.13     For purposes of this paragraph, a proposed patient who was 
  2.14  released under section 253B.095 and whose release was not 
  2.15  revoked is not considered to have received court-ordered 
  2.16  inpatient treatment under section 253B.09. 
  2.17     Sec. 2.  Minnesota Statutes 1998, section 253B.17, 
  2.18  subdivision 1, is amended to read: 
  2.19     Subdivision 1.  [PETITION.] Any patient, except one 
  2.20  committed as mentally ill and dangerous to the public or as a 
  2.21  sexually dangerous person or person with a sexual psychopathic 
  2.22  personality as provided in section 253B.18, subdivision 3, or 
  2.23  any interested person may petition the committing court or the 
  2.24  court to which venue has been transferred for an order that the 
  2.25  patient is not in need of continued care and treatment or for an 
  2.26  order that an individual is no longer mentally ill, mentally 
  2.27  retarded, or chemically dependent, or for any other relief.  A 
  2.28  patient committed as mentally ill or mentally ill and dangerous 
  2.29  may petition the committing court or the court to which venue 
  2.30  has been transferred for a hearing concerning the administration 
  2.31  of neuroleptic medication.  
  2.32     Sec. 3.  Minnesota Statutes 1998, section 253B.18, 
  2.33  subdivision 1, is amended to read: 
  2.34     Subdivision 1.  [PROCEDURE.] Upon the filing of a petition 
  2.35  alleging that a proposed patient is mentally ill and dangerous 
  2.36  to the public, the court shall hear the petition as provided in 
  3.1   sections 253B.07 and 253B.08.  If the court finds by clear and 
  3.2   convincing evidence that the proposed patient is mentally ill 
  3.3   and dangerous to the public, it shall commit the person to a 
  3.4   secure treatment facility or to a treatment facility willing to 
  3.5   accept the patient under commitment.  In commitments under this 
  3.6   section or section 253B.185, the court shall commit the patient 
  3.7   to the least restrictive treatment program or alternative 
  3.8   programs consistent with the patient's treatment needs, the 
  3.9   requirements of public safety, and section 253B.03, subdivision 
  3.10  7.  In any case where the petition was filed immediately 
  3.11  following the acquittal of the proposed patient for a crime 
  3.12  against the person pursuant to a verdict of not guilty by reason 
  3.13  of mental illness, the verdict constitutes evidence that the 
  3.14  proposed patient is mentally ill and dangerous within the 
  3.15  meaning of this section.  The proposed patient has the burden of 
  3.16  going forward in the presentation of evidence.  The standard of 
  3.17  proof remains as required by this chapter.  Upon commitment, 
  3.18  admission procedures shall be carried out pursuant to section 
  3.19  253B.10.  
  3.20     Sec. 4.  Minnesota Statutes 1998, section 253B.18, 
  3.21  subdivision 2, is amended to read: 
  3.22     Subd. 2.  [REVIEW; HEARING.] A written treatment report 
  3.23  shall be filed by the treatment facility with the committing 
  3.24  court within 60 days one year after commitment.  If the person 
  3.25  is in the custody of the commissioner of corrections when the 
  3.26  initial commitment is ordered under subdivision 1, the written 
  3.27  treatment report must be filed within 60 days one year after the 
  3.28  person is admitted to a secure treatment facility.  The court 
  3.29  shall hold a hearing to make a final determination as to whether 
  3.30  the person should remain committed as mentally ill and dangerous 
  3.31  to the public.  The hearing shall be held within the earlier of 
  3.32  14 days of the court's receipt of the written treatment 
  3.33  report, or within 90 days of the date of initial commitment or 
  3.34  admission or 14 days of the end of the one-year period, unless 
  3.35  otherwise agreed by the parties.  If the court finds that the 
  3.36  patient should be committed as mentally ill, but not as mentally 
  4.1   ill and dangerous to the public, the court may commit the person 
  4.2   as a mentally ill person and the person shall be deemed not to 
  4.3   have been found to be dangerous to the public for the purposes 
  4.4   of subdivisions 4 4a to 15.  Failure of the treatment facility 
  4.5   to provide the required report at the end of the 60-day one-year 
  4.6   period shall not result in automatic discharge of the patient.  
  4.7      Sec. 5.  Minnesota Statutes 1998, section 253B.18, 
  4.8   subdivision 4c, is amended to read: 
  4.9      Subd. 4c.  [SPECIAL REVIEW BOARD.] (a) The commissioner 
  4.10  shall establish one or more panels of a special review board for 
  4.11  persons committed as mentally ill and dangerous to the public.  
  4.12  The board shall consist of three members experienced in the 
  4.13  field of mental illness.  One member of each special review 
  4.14  board panel shall be a psychiatrist and one member shall be an 
  4.15  attorney.  No member shall be affiliated with the department of 
  4.16  human services.  The special review board shall meet at least 
  4.17  every six months and at the call of the commissioner.  It shall 
  4.18  hear and consider all petitions for transfer from a secure 
  4.19  treatment facility; all petitions relative to for discharge, 
  4.20  provisional discharge, and revocation of provisional discharge; 
  4.21  and make recommendations to the commissioner concerning them.  
  4.22  Patients may be transferred by the commissioner between secure 
  4.23  treatment facilities without a special review board hearing.  
  4.24     (b) Members of the special review board shall receive 
  4.25  compensation and reimbursement for expenses as established by 
  4.26  the commissioner. 
  4.27     Sec. 6.  Minnesota Statutes 1998, section 253B.23, 
  4.28  subdivision 7, is amended to read: 
  4.29     Subd. 7.  [APPEAL.] The commissioner or any other aggrieved 
  4.30  party may appeal to the court of appeals from any order entered 
  4.31  under this chapter as in other civil cases.  Any district court 
  4.32  order or judgment under this chapter or related case law may be 
  4.33  appealed within 60 days after the date of filing of the order or 
  4.34  entry of judgment.  A judgment under section 253B.18, 
  4.35  subdivision 1, may be appealed within 60 days after the date of 
  4.36  the order entered under section 253B.18, subdivision 2.  
  5.1      Upon perfection of the appeal, the return shall be filed 
  5.2   forthwith.  The court of appeals shall hear the appeal within 90 
  5.3   days after service of the notice of appeal.  This appeal shall 
  5.4   not suspend the operation of the order appealed from until the 
  5.5   appeal is determined, unless otherwise ordered by the court of 
  5.6   appeals. 
  5.7      Sec. 7.  Minnesota Statutes 1998, section 256G.08, 
  5.8   subdivision 1, is amended to read: 
  5.9      Subdivision 1.  [COMMITMENT PROCEEDINGS.] In cases of 
  5.10  voluntary admission or commitment to state or other 
  5.11  institutions, the committing county shall initially pay for all 
  5.12  costs.  This includes the expenses of the taking into custody, 
  5.13  confinement, emergency holds under sections 253B.05, 
  5.14  subdivisions 1 and 2, and 253B.07, examination, commitment, 
  5.15  conveyance to the place of detention, rehearing, and hearings 
  5.16  under section 253B.03, subdivision 6c 253B.092, including 
  5.17  hearings held under that section which are venued outside the 
  5.18  county of commitment.