HF 2365

as introduced - 90th Legislature (2017 - 2018) Posted on 03/13/2017 01:49pm

A bill for an act
relating to civil commitment; modifying the priorities for the admission of
committed patients to treatment facilities; removing the 48-hour requirement for
admission of patients from jail or a correctional institution; amending Minnesota
Statutes 2016, section 253B.10, subdivision 1.

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

Section 1.

Minnesota Statutes 2016, section 253B.10, subdivision 1, is amended to read:

Subdivision 1.

Administrative requirements.

(a) 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.

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

deleted 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;
deleted text end

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

deleted 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
deleted text end

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

deleted 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).
deleted text end

new text begin (b) The commissioner shall prioritize committed patients to be admitted to treatment
facilities based on:
new text end

new text begin (1) the acuteness of the patient's condition, determined by using an assessment tool that
the commissioner shall select based on input from stakeholders;
new text end

new text begin (2) the patient's current location;
new text end

new text begin (3) how long the patient has been in the patient's current treatment or correctional setting;
and
new text end

new text begin (4) the resources available to address the patient's treatment needs in the patient's current
treatment or correctional setting.
new text end

(c) 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.

(d) 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.