HF 2679

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to human services; making changes to forensic 
  1.3             procedures; specifying patient rights; limiting 
  1.4             civilly committed sexual psychopathic personalities 
  1.5             and sexually dangerous persons from patients' and 
  1.6             residents' bills of rights; amending Minnesota 
  1.7             Statutes 2002, sections 243.55, subdivision 1; 
  1.8             253B.02, by adding subdivisions; 253B.03, by adding a 
  1.9             subdivision; 253B.18, subdivision 9; 253B.185, by 
  1.10            adding a subdivision; Minnesota Statutes 2003 
  1.11            Supplement, sections 246.15, by adding a subdivision; 
  1.12            609.2231, subdivision 3; proposing coding for new law 
  1.13            in Minnesota Statutes, chapter 253B. 
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15     Section 1.  Minnesota Statutes 2002, section 243.55, 
  1.16  subdivision 1, is amended to read: 
  1.17     Subdivision 1.  Any person who brings, sends, or in any 
  1.18  manner causes to be introduced into any state correctional 
  1.19  facility or state hospital, or within or upon the grounds 
  1.20  belonging to or land or controlled by any such facility or 
  1.21  hospital, or is found in possession of any controlled substance 
  1.22  as defined in section 152.01, subdivision 4, or any firearms, 
  1.23  weapons or explosives of any kind, without the consent of the 
  1.24  chief executive officer thereof, shall be guilty of a felony 
  1.25  and, upon conviction thereof, punished by imprisonment for a 
  1.26  term of not more than ten years.  Any person who brings, sends, 
  1.27  or in any manner causes to be introduced into any state 
  1.28  correctional facility or within or upon the grounds belonging to 
  1.29  or land controlled by the facility, or is found in the 
  2.1   possession of any intoxicating or alcoholic liquor or malt 
  2.2   beverage of any kind without the consent of the chief executive 
  2.3   officer thereof, shall be guilty of a gross misdemeanor.  The 
  2.4   provisions of this section shall not apply to physicians 
  2.5   carrying drugs or introducing any of the above described liquors 
  2.6   into such facilities for use in the practice of their 
  2.7   profession; nor to sheriffs or other peace officers carrying 
  2.8   revolvers or firearms as such officers in the discharge of 
  2.9   duties. 
  2.10     Sec. 2.  Minnesota Statutes 2003 Supplement, section 
  2.11  246.15, is amended by adding a subdivision to read: 
  2.12     Subd. 3.  [SAVINGS ACCOUNT.] The commissioner of human 
  2.13  services shall create a savings account for each patient 
  2.14  receiving treatment in a secure treatment facility as defined by 
  2.15  section 253B.02, subdivision 18a.  The source of money to be 
  2.16  deposited in this account shall come from a portion of the 
  2.17  patient's share of the cost of care.  The money in this savings 
  2.18  account shall be made available to the patient when the patient 
  2.19  is ready to be transitioned into the community.  The money in 
  2.20  the account shall be used for expenses associated with obtaining 
  2.21  housing and other personal needs necessary for the patient's 
  2.22  smooth transition into the community.  The savings account shall 
  2.23  be called "forensic patient transition savings account." 
  2.24     Sec. 3.  Minnesota Statutes 2002, section 253B.02, is 
  2.25  amended by adding a subdivision to read: 
  2.26     Subd. 24.  [ADMINISTRATIVE RESTRICTION.] "Administrative 
  2.27  restriction" means any measure utilized by the commissioner to 
  2.28  maintain safety and security, protect possible evidence, and 
  2.29  prevent the continuation of suspected criminal acts.  
  2.30  Administrative restriction does not mean protective isolation as 
  2.31  defined by Minnesota Rules, part 9515.3090, subpart 4.  
  2.32  Administrative restriction may include increased monitoring, 
  2.33  program limitations, loss of privileges, restricted access to 
  2.34  and use of possessions, and separation of a patient from the 
  2.35  normal living environment, as determined by the commissioner or 
  2.36  the commissioner's designee.  Administrative restriction applies 
  3.1   only to patients in a secure treatment facility as defined in 
  3.2   subdivision 18a who:  
  3.3      (1) are suspected of criminal acts; 
  3.4      (2) are the subject of a criminal investigation; 
  3.5      (3) are awaiting sentencing following a conviction of a 
  3.6   crime; or 
  3.7      (4) are awaiting transfer to a correctional facility.  
  3.8   The commissioner shall establish policies and procedures 
  3.9   according to section 246.014, paragraph (d), regarding the use 
  3.10  of administrative restriction.  The policies and procedures 
  3.11  shall identify the implementation and termination of 
  3.12  administrative restrictions.  Use of administrative restriction 
  3.13  and the reason associated with the use shall be documented in 
  3.14  the patient's medical record. 
  3.15     Sec. 4.  Minnesota Statutes 2002, section 253B.02, is 
  3.16  amended by adding a subdivision to read: 
  3.17     Subd. 25.  [SAFETY.] "Safety" means protection of persons 
  3.18  or property from potential danger, risk, injury, harm, or damage.
  3.19     Sec. 5.  Minnesota Statutes 2002, section 253B.02, is 
  3.20  amended by adding a subdivision to read: 
  3.21     Subd. 26.  [SECURITY.] "Security" means the measures 
  3.22  necessary to achieve the management and accountability of 
  3.23  patients of the facility, staff, and visitors, as well as 
  3.24  property of the facility. 
  3.25     Sec. 6.  Minnesota Statutes 2002, section 253B.03, is 
  3.26  amended by adding a subdivision to read: 
  3.27     Subd. 1a.  [ADMINISTRATIVE RESTRICTION.] (a) A patient has 
  3.28  the right to be free from unnecessary or excessive 
  3.29  administrative restriction, therefore, administrative 
  3.30  restriction shall not be used for the convenience of staff, for 
  3.31  retaliation for filing complaints, or as a substitute for 
  3.32  program treatment.  Administrative restriction may not involve 
  3.33  any further deprivation of privileges than is necessary. 
  3.34     (b) Administrative restriction may include separate and 
  3.35  secure housing.  
  3.36     (c) Patients under administrative restriction shall not be 
  4.1   limited in access to their attorney. 
  4.2      Sec. 7.  Minnesota Statutes 2002, section 253B.18, 
  4.3   subdivision 9, is amended to read: 
  4.4      Subd. 9.  [PROVISIONAL DISCHARGE; REVIEW.] (a) A 
  4.5   provisional discharge pursuant to this section shall not 
  4.6   automatically terminate.  A full discharge shall occur only as 
  4.7   provided in subdivision 15.  The commissioner shall notify the 
  4.8   patient that the terms of a provisional discharge continue 
  4.9   unless the patient requests and is granted a change in the 
  4.10  conditions of provisional discharge or unless the patient 
  4.11  petitions the special review board for a full discharge and the 
  4.12  discharge is granted.  
  4.13     (b) When a petition for amendment of provisional discharge 
  4.14  or discharge is filed with the commissioner of human services 
  4.15  and the patient is on provisional discharge, the treatment 
  4.16  facility shall request that the community provider or persons 
  4.17  involved in the patient's health care disclose health 
  4.18  information to the treatment facility.  Notwithstanding section 
  4.19  144.335, this information shall be released without the 
  4.20  patient's consent to the treatment facility for the limited 
  4.21  purpose of evaluating the patient's compliance with the terms of 
  4.22  the provisional discharge and to assist the facility in their 
  4.23  evaluation of the petition. 
  4.24     Sec. 8.  [253B.184] [LEGISLATIVE FINDINGS AND PURPOSE.] 
  4.25     (a) The Patients' and Residents' Bill of Rights in section 
  4.26  144.651 and the Patients' Bill of Rights in section 253B.03, 
  4.27  create statutory protections for persons in health care 
  4.28  facilities who generally have physical or mental conditions that 
  4.29  make it difficult or impossible for them to protect themselves 
  4.30  or who are particularly vulnerable to exploitation.  Sexual 
  4.31  psychopathic personalities and sexually dangerous persons 
  4.32  civilly committed to the Minnesota sex offender program, 
  4.33  however, are a significantly and clearly different population 
  4.34  from other patients and residents protected by sections 144.651 
  4.35  and 253B.03 in several respects: 
  4.36     (1) civilly committed sex offenders have documented 
  5.1   histories of harmful sexual conduct, have been proven to be 
  5.2   highly likely to commit harmful sexual conduct and, as a result, 
  5.3   are dangerous to others if not committed to a secure treatment 
  5.4   facility.  This predatory nature distinguishes them from other 
  5.5   voluntary or involuntary patients in health care facilities, 
  5.6   including patients committed as mentally ill and dangerous; 
  5.7      (2) most sex offenders are civilly committed directly from 
  5.8   prison, often after lengthy sentences, and tend to be far more 
  5.9   criminally sophisticated than patients or residents of health 
  5.10  care facilities who have not been institutionalized with 
  5.11  criminals for a long period of time; 
  5.12     (3) while all civilly committed sex offenders have 
  5.13  diagnosed mental or personality disorders that provide the 
  5.14  constitutional basis for civil commitment, they generally are 
  5.15  not psychotic and their disorders do not make them vulnerable to 
  5.16  abuse or exploitation by others.  For this reason, civilly 
  5.17  committed sex offenders are not defined categorically as 
  5.18  vulnerable adults under the Minnesota Vulnerable Adult Act.  
  5.19  This difference distinguishes them from those committed as 
  5.20  mentally ill, mentally retarded, chemically dependent, or 
  5.21  mentally ill and dangerous; and 
  5.22     (4) more than ten years of operation of the current sex 
  5.23  offender program and decades of experience in the predecessor 
  5.24  programs (BEAD 1972-1975 and ITPSA 1975-1993) has demonstrated 
  5.25  that civilly committed sex offenders misuse and distort the 
  5.26  protections afforded by sections 144.651 and 253B.03 far more 
  5.27  than other patients, including those committed as mentally ill 
  5.28  and dangerous.  Sex offenders have taken advantage of the rights 
  5.29  given them by the bills of rights to breach the security of the 
  5.30  treatment facility, communicate inappropriately with sexually 
  5.31  vulnerable children and others outside of the facility, commit a 
  5.32  variety of property-related crimes, engage in 
  5.33  counter-therapeutic conduct, and mount frivolous litigation 
  5.34  against the state and state employees.  Other patients and 
  5.35  residents have not exhibited these behaviors to the extent that 
  5.36  committed sex offenders have. 
  6.1      (b) The legislature finds that, in order to further the 
  6.2   purposes of civil commitment of sex offenders, individuals in 
  6.3   the sex offender program require special consideration related 
  6.4   to patients' rights.  The commissioner of human services is 
  6.5   authorized to limit the statutory rights under the patients' and 
  6.6   residents' bills of rights under sections 144.651 and 253B.03 of 
  6.7   individuals committed to the sex offender program in order to 
  6.8   ensure the safety and security of the treatment facility, staff, 
  6.9   other patients, and the public, and to maintain a safe 
  6.10  environment in which treatment can be best provided.  These 
  6.11  limitations are not intended to make civil commitment punitive 
  6.12  or as punishment for past behavior, but are necessary to further 
  6.13  the legitimate purposes of the patients' commitment, protection 
  6.14  of the public, and treatment of the patients' disorders.  
  6.15  Furthermore, it is necessary to make explicit that any rights 
  6.16  conferred by sections 144.651 and 253B.03 do not confer a 
  6.17  private cause of action upon civilly committed sex offenders but 
  6.18  are instead enforceable by the Department of Health that 
  6.19  licenses the sex offender program. 
  6.20     Sec. 9.  Minnesota Statutes 2002, section 253B.185, is 
  6.21  amended by adding a subdivision to read: 
  6.22     Subd. 7.  [RIGHTS OF PATIENTS COMMITTED UNDER THIS 
  6.23  SECTION.] (a) The commissioner or the commissioner's designee 
  6.24  may limit the statutory rights described in paragraph (b) for 
  6.25  patients committed to the Minnesota sex offender program under 
  6.26  this section or with the commissioner's consent under section 
  6.27  246B.02.  These statutory rights may be limited as necessary to 
  6.28  maintain a therapeutic environment and the security of the 
  6.29  facility, to prevent crime, or to protect the safety and 
  6.30  well-being of patients, staff, and the public.  Limitations of 
  6.31  statutory rights may be applied facility-wide, or to parts of 
  6.32  the facility, or to individual patients, and are in addition to 
  6.33  any other limitations on rights permitted by sections 144.651, 
  6.34  253B.03, or any other law. 
  6.35     (b) The head of a secure treatment facility may limit the 
  6.36  statutory rights of patients and residents created by sections 
  7.1   144.651, subdivision 19 (personal privacy); 144.651, subdivision 
  7.2   21 (private communications); 144.651, subdivision 22 (retain and 
  7.3   use of personal property); 144.651, subdivision 25 (manage 
  7.4   personal financial affairs); 144.651, subdivision 26 (meet with 
  7.5   visitors and participate in groups); 253B.03, subdivision 2 
  7.6   (correspond with others); and 253B.03, subdivision 3 (receive 
  7.7   visitors and make telephone calls).  Other statutory rights 
  7.8   enumerated by sections 144.651 and 253B.03 may be limited as 
  7.9   provided in those sections. 
  7.10     (c) Notwithstanding any other law, a patient committed to a 
  7.11  secure treatment facility under this section may not maintain a 
  7.12  civil cause of action to enforce section 144.651 or 253B.03. 
  7.13     Sec. 10.  Minnesota Statutes 2003 Supplement, section 
  7.14  609.2231, subdivision 3, is amended to read: 
  7.15     Subd. 3.  [CORRECTIONAL EMPLOYEES.] Whoever commits either 
  7.16  of the following acts against an employee of a correctional 
  7.17  facility as defined in section 241.021, subdivision 1, paragraph 
  7.18  (f), or an employee or other individual who provides care or 
  7.19  treatment at a treatment facility as defined in section 252.025, 
  7.20  subdivision 7, or 253B.02, subdivision 18a, while the employee 
  7.21  person is engaged in the performance of a duty imposed by law, 
  7.22  policy, or rule is guilty of a felony and may be sentenced to 
  7.23  imprisonment for not more than two years or to payment of a fine 
  7.24  of not more than $4,000, or both: 
  7.25     (1) assaults the employee person and inflicts demonstrable 
  7.26  bodily harm; or 
  7.27     (2) intentionally throws or otherwise transfers bodily 
  7.28  fluids or feces at or onto the employee person. 
  7.29     Sec. 11.  [EFFECTIVE DATE.] 
  7.30     Section 9 is effective the day following final enactment.