HF 2898

3rd Engrossment - 91st Legislature (2019 - 2020) Posted on 03/16/2020 11:42am

A bill for an act
relating to civil commitment; modifying provisions governing civil commitment;
establishing engagement services pilot project; amending Minnesota Statutes 2018,
sections 253B.02, subdivisions 4b, 7, 8, 9, 10, 13, 16, 17, 18, 19, 21, 22, 23, by
adding a subdivision; 253B.03, subdivisions 1, 2, 3, 4a, 5, 6, 6b, 6d, 7, 10; 253B.04,
subdivisions 1, 1a, 2; 253B.045, subdivisions 2, 3, 5, 6; 253B.06, subdivisions 1,
2, 3; 253B.07, subdivisions 1, 2, 2a, 2b, 2d, 3, 5, 7; 253B.08, subdivisions 1, 2a,
5, 5a; 253B.09, subdivisions 1, 2, 3a, 5; 253B.092; 253B.0921; 253B.095,
subdivision 3; 253B.097, subdivisions 1, 2, 3, 6; 253B.10; 253B.12, subdivisions
1, 3, 4, 7; 253B.13, subdivision 1; 253B.14; 253B.141; 253B.15, subdivisions 1,
1a, 2, 3, 3a, 3b, 3c, 5, 7, 9, 10, by adding a subdivision; 253B.16; 253B.17;
253B.18, subdivisions 1, 2, 3, 4a, 4b, 4c, 5, 5a, 6, 7, 8, 10, 11, 12, 14, 15; 253B.19,
subdivision 2; 253B.20, subdivisions 1, 2, 3, 4, 6; 253B.21, subdivisions 1, 2, 3;
253B.212, subdivisions 1, 1a, 1b, 2; 253B.22, subdivisions 1, 2, 3, 4; 253B.23,
subdivisions 1, 1b, 2; 253B.24; 253D.02, subdivision 6; 253D.07, subdivision 2;
253D.10, subdivision 2; 253D.28, subdivision 2; proposing coding for new law
in Minnesota Statutes, chapter 253B; repealing Minnesota Statutes 2018, sections
253B.02, subdivisions 6, 12a; 253B.05, subdivisions 1, 2, 2b, 3, 4; 253B.064;
253B.065; 253B.066; 253B.09, subdivision 3; 253B.12, subdivision 2; 253B.15,
subdivision 11; 253B.20, subdivision 7.

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

Section 1.

Minnesota Statutes 2018, section 253B.02, subdivision 4b, is amended to read:

Subd. 4b.

Community-based treatment new text begin program new text end .

"Community-based treatment new text begin
program new text end " means new text begin treatment and services provided at the community level, including but not
limited to new text end community support services programs defined in section 245.462, subdivision 6;
day treatment services defined in section 245.462, subdivision 8; outpatient services defined
in section 245.462, subdivision 21; new text begin mental health crisis services under section 245.462,
subdivision 14c; outpatient services defined in section 245.462, subdivision 21; assertive
community treatment services under section 256B.0622; adult rehabilitation mental health
services under section 256B.0623; home and community-based waivers, supportive housing,
new text end and residential treatment services as defined in section 245.462, subdivision 23. new text begin
Community-based treatment program excludes services provided by a state-operated
treatment program.
new text end

Sec. 2.

Minnesota Statutes 2018, section 253B.02, subdivision 7, is amended to read:

Subd. 7.

Examiner.

"Examiner" means a person who is knowledgeable, trained, and
practicing in the diagnosis and assessment or in the treatment of the alleged impairment,
and who is deleted text begin : deleted text end new text begin a licensed physician, a mental health professional as defined in section 245.462,
subdivision 18, clauses (1) to (6), a licensed physician assistant, or an advanced practice
registered nurse (APRN) as defined in section 148.171, subdivision 3, who is practicing in
the emergency room of a designated critical access hospital established under section
144.1483, clause (9), so long as the critical access hospital has a process for credentialing
and recredentialing any APRN acting as an examiner in an emergency room.
new text end

deleted text begin (1) a licensed physician;
deleted text end

deleted text begin (2) a licensed psychologist who has a doctoral degree in psychology or who became a
licensed consulting psychologist before July 2, 1975; or
deleted text end

deleted text begin (3) an advanced practice registered nurse certified in mental health or a licensed physician
assistant, except that only a physician or psychologist meeting these requirements may be
appointed by the court as described by sections 253B.07, subdivision 3; 253B.092,
subdivision 8, paragraph (b); 253B.17, subdivision 3; 253B.18, subdivision 2; and 253B.19,
subdivisions 1 and 2, and only a physician or psychologist may conduct an assessment as
described by Minnesota Rules of Criminal Procedure, rule 20.
deleted text end

Sec. 3.

Minnesota Statutes 2018, section 253B.02, is amended by adding a subdivision to
read:

new text begin Subd. 7a. new text end

new text begin Court examiner. new text end

new text begin "Court examiner" means a person appointed to serve the
court, and who is a physician or licensed psychologist who has a doctoral degree in
psychology.
new text end

Sec. 4.

Minnesota Statutes 2018, section 253B.02, subdivision 8, is amended to read:

Subd. 8.

Head of the deleted text begin treatment deleted text end facility new text begin or program new text end .

"Head of the deleted text begin treatment deleted text end facility new text begin
or program new text end " means the person who is charged with overall responsibility for the professional
program of care and treatment of the deleted text begin facility or the person's designee deleted text end new text begin treatment facility,
state-operated treatment program, or community-based treatment program new text end .

Sec. 5.

Minnesota Statutes 2018, section 253B.02, subdivision 9, is amended to read:

Subd. 9.

Health officer.

"Health officer" means:

(1) a licensed physician;

(2) deleted text begin a licensed psychologist deleted text end new text begin a mental health professional as defined in section 245.462,
subdivision 18, clauses (1) to (6) new text end ;

(3) a licensed social worker;

(4) a registered nurse working in an emergency room of a hospital;

deleted text begin (5) a psychiatric or public health nurse as defined in section 145A.02, subdivision 18;
deleted text end

deleted text begin (6) deleted text end new text begin (5) new text end an advanced practice registered nurse (APRN) as defined in section 148.171,
subdivision 3; new text begin or
new text end

deleted text begin (7) deleted text end new text begin (6) new text end a mental health deleted text begin professional deleted text end new text begin practitioner as defined in section 245.462, subdivision
17, new text end providing mental health mobile crisis intervention services as described under section
256B.0624 deleted text begin ; or deleted text end new text begin with the consultation and approval by a mental health professional.
new text end

deleted text begin (8) a formally designated member of a prepetition screening unit established by section
deleted text end new text begin (7) a formally designated member of a prepetition screening unit established by section new text end
253B.07.

Sec. 6.

Minnesota Statutes 2018, section 253B.02, subdivision 10, is amended to read:

Subd. 10.

Interested person.

"Interested person" means:

(1) an adult new text begin who has a specific interest in the patient or proposed patient new text end , including but
not limited to deleted text begin , deleted text end a public official, including a local welfare agency acting under section
626.5561 deleted text begin , and deleted text end new text begin ; a health care or mental health provider or the provider's employee or agent; new text end
the legal guardian, spouse, parent, legal counsel, adult child, new text begin or new text end next of kin deleted text begin , deleted text end new text begin ; new text end or other person
designated by a new text begin patient or new text end proposed patient; or

(2) a health plan company that is providing coverage for a proposed patient.

Sec. 7.

Minnesota Statutes 2018, section 253B.02, subdivision 13, is amended to read:

Subd. 13.

Person who deleted text begin is mentally ill deleted text end new text begin poses a risk of harm due to a mental illness new text end .

(a)
A "person who deleted text begin is mentally ill deleted text end new text begin poses a risk of harm due to a mental illness new text end " means any person
who has an organic disorder of the brain or a substantial psychiatric disorder of thought,
mood, perception, orientation, or memory deleted text begin which deleted text end new text begin that new text end grossly impairs judgment, behavior,
capacity to recognize reality, or to reason or understand, deleted text begin which deleted text end new text begin that new text end is manifested by instances
of grossly disturbed behavior or faulty perceptions and new text begin who, due to this impairment, new text end poses
a substantial likelihood of physical harm to self or others as demonstrated by:

(1) a failure to obtain necessary food, clothing, shelter, or medical care as a result of the
impairment;

(2) an inability for reasons other than indigence to obtain necessary food, clothing,
shelter, or medical care as a result of the impairment and it is more probable than not that
the person will suffer substantial harm, significant psychiatric deterioration or debilitation,
or serious illness, unless appropriate treatment and services are provided;

(3) a recent attempt or threat to physically harm self or others; or

(4) recent and volitional conduct involving significant damage to substantial property.

(b) A person deleted text begin is not mentally ill deleted text end new text begin does not pose a risk of harm due to mental illness new text end under
this section if the new text begin person's new text end impairment is solely due to:

(1) epilepsy;

(2) developmental disability;

(3) brief periods of intoxication caused by alcohol, drugs, or other mind-altering
substances; or

(4) dependence upon or addiction to any alcohol, drugs, or other mind-altering substances.

Sec. 8.

Minnesota Statutes 2018, section 253B.02, subdivision 16, is amended to read:

Subd. 16.

Peace officer.

"Peace officer" means a sheriff new text begin or deputy sheriff new text end , or municipal
or other local police officer, or a State Patrol officer when engaged in the authorized duties
of office.

Sec. 9.

Minnesota Statutes 2018, section 253B.02, subdivision 17, is amended to read:

Subd. 17.

Person who deleted text begin is mentally ill deleted text end new text begin has a mental illness new text end and new text begin is new text end dangerous to the
public.

deleted text begin (a) deleted text end A "person who deleted text begin is mentally ill deleted text end new text begin has a mental illness new text end and new text begin is new text end dangerous to the public"
is a person:

(1) who deleted text begin is mentally ill deleted text end new text begin has an organic disorder of the brain or a substantial psychiatric
disorder of thought, mood, perception, orientation, or memory that grossly impairs judgment,
behavior, capacity to recognize reality, or to reason or understand, and is manifested by
instances of grossly disturbed behavior or faulty perceptions new text end ; and

(2) who as a result of that deleted text begin mental illness deleted text end new text begin impairment new text end presents a clear danger to the safety
of others as demonstrated by the facts that (i) the person has engaged in an overt act causing
or attempting to cause serious physical harm to another and (ii) there is a substantial
likelihood that the person will engage in acts capable of inflicting serious physical harm on
another.

deleted text begin (b) A person committed as a sexual psychopathic personality or sexually dangerous
person as defined in subdivisions 18a and 18b is subject to the provisions of this chapter
that apply to persons who are mentally ill and dangerous to the public.
deleted text end

Sec. 10.

Minnesota Statutes 2018, section 253B.02, subdivision 18, is amended to read:

Subd. 18.

deleted text begin Regional deleted text end new text begin State-operated new text end treatment deleted text begin center deleted text end new text begin program new text end .

" deleted text begin Regional deleted text end new text begin State-operated new text end
treatment deleted text begin center deleted text end new text begin program new text end " deleted text begin means any state-operated facility for persons who are mentally
ill, developmentally disabled, or chemically dependent under the direct administrative
authority of the commissioner deleted text end new text begin means any state-operated program including community
behavioral health hospitals, crisis centers, residential facilities, outpatient services, and other
community-based services developed and operated by the state and under the commissioner's
control for a person who has a mental illness, developmental disability, or chemical
dependency new text end .

Sec. 11.

Minnesota Statutes 2018, section 253B.02, subdivision 19, is amended to read:

Subd. 19.

Treatment facility.

"Treatment facility" means a new text begin non-state-operated new text end hospital,
deleted text begin community mental health center, or other treatment provider deleted text end new text begin residential treatment provider,
crisis residential withdrawal management center, or corporate foster care home new text end qualified
to provide care and treatment for persons deleted text begin who are mentally ill, developmentally disabled,
or chemically dependent deleted text end new text begin who have a mental illness, developmental disability, or chemical
dependency new text end .

Sec. 12.

Minnesota Statutes 2018, section 253B.02, subdivision 21, is amended to read:

Subd. 21.

Pass.

"Pass" means any authorized temporary, unsupervised absence from a
new text begin state-operated new text end treatment deleted text begin facility deleted text end new text begin program new text end .

Sec. 13.

Minnesota Statutes 2018, section 253B.02, subdivision 22, is amended to read:

Subd. 22.

Pass plan.

"Pass plan" means the part of a treatment plan for a deleted text begin person deleted text end new text begin patient new text end
who has been committed as deleted text begin mentally ill and deleted text end new text begin a person who has a mental illness and is new text end
dangerous new text begin to the public new text end that specifies the terms and conditions under which the patient may
be released on a pass.

Sec. 14.

Minnesota Statutes 2018, section 253B.02, subdivision 23, is amended to read:

Subd. 23.

Pass-eligible status.

"Pass-eligible status" means the status under which a
deleted text begin person deleted text end new text begin patient new text end committed as deleted text begin mentally ill and deleted text end new text begin a person who has a mental illness and is new text end
dangerous new text begin to the public new text end may be released on passes after approval of a pass plan by the head
of a new text begin state-operated new text end treatment deleted text begin facility deleted text end new text begin program new text end .

Sec. 15.

Minnesota Statutes 2018, section 253B.03, subdivision 1, is amended to read:

Subdivision 1.

Restraints.

(a) A patient has the right to be free from restraints. Restraints
shall not be applied to a patient in a treatment facility new text begin or state-operated treatment program
new text end unless the head of the treatment facility, new text begin head of the state-operated treatment program, new text end a
member of the medical staff, or a licensed peace officer who has custody of the patient
determines that deleted text begin they deleted text end new text begin restraints new text end are necessary for the safety of the patient or others.

(b) Restraints shall not be applied to patients with developmental disabilities except as
permitted under section 245.825 and rules of the commissioner of human services. Consent
must be obtained from the deleted text begin person deleted text end new text begin patient new text end or deleted text begin person's deleted text end new text begin patient's new text end guardian except for emergency
procedures as permitted under rules of the commissioner adopted under section 245.825.

(c) Each use of a restraint and reason for it shall be made part of the clinical record of
the patient under the signature of the head of the treatment facility.

Sec. 16.

Minnesota Statutes 2018, section 253B.03, subdivision 2, is amended to read:

Subd. 2.

Correspondence.

A patient has the right to correspond freely without censorship.
The head of the treatment facility new text begin or head of the state-operated treatment program new text end may
restrict correspondence if the patient's medical welfare requires this restriction. For deleted text begin patients deleted text end new text begin
a patient new text end in deleted text begin regional deleted text end new text begin a state-operated new text end treatment deleted text begin centers deleted text end new text begin program new text end , that determination may be
reviewed by the commissioner. Any limitation imposed on the exercise of a patient's
correspondence rights and the reason for it shall be made a part of the clinical record of the
patient. Any communication which is not delivered to a patient shall be immediately returned
to the sender.

Sec. 17.

Minnesota Statutes 2018, section 253B.03, subdivision 3, is amended to read:

Subd. 3.

Visitors and phone calls.

Subject to the general rules of the treatment facility new text begin
or state-operated treatment program new text end , a patient has the right to receive visitors and make
phone calls. The head of the treatment facility new text begin or head of the state-operated treatment program
new text end may restrict visits and phone calls on determining that the medical welfare of the patient
requires it. Any limitation imposed on the exercise of the patient's visitation and phone call
rights and the reason for it shall be made a part of the clinical record of the patient.

Sec. 18.

Minnesota Statutes 2018, section 253B.03, subdivision 4a, is amended to read:

Subd. 4a.

Disclosure of patient's admission.

Upon admission to a new text begin treatment new text end facility new text begin or
state-operated treatment program new text end where federal law prohibits unauthorized disclosure of
patient or resident identifying information to callers and visitors, the patient or resident, or
the legal guardian of the patient or resident, shall be given the opportunity to authorize
disclosure of the patient's or resident's presence in the facility to callers and visitors who
may seek to communicate with the patient or resident. To the extent possible, the legal
guardian of a patient or resident shall consider the opinions of the patient or resident regarding
the disclosure of the patient's or resident's presence in the facility.

Sec. 19.

Minnesota Statutes 2018, section 253B.03, subdivision 5, is amended to read:

Subd. 5.

Periodic assessment.

A patient has the right to periodic medical assessment,
including assessment of the medical necessity of continuing care and, if the treatment facility new text begin ,
state-operated treatment program, or community-based treatment program new text end declines to provide
continuing care, the right to receive specific written reasons why continuing care is declined
at the time of the assessment. The treatment facility new text begin , state-operated treatment program, or
community-based treatment program new text end shall assess the physical and mental condition of every
patient as frequently as necessary, but not less often than annually. If the patient refuses to
be examined, the new text begin treatment new text end facility new text begin , state-operated treatment program, or community-based
treatment program new text end shall document in the patient's chart its attempts to examine the patient.
If a deleted text begin person deleted text end new text begin patient new text end is committed as developmentally disabled for an indeterminate period
of time, the three-year judicial review must include the annual reviews for each year deleted text begin as
outlined in Minnesota Rules, part 9525.0075, subpart 6 deleted text end new text begin regarding the patient's need for
continued commitment new text end .

Sec. 20.

Minnesota Statutes 2018, section 253B.03, subdivision 6, is amended to read:

Subd. 6.

Consent for medical procedure.

new text begin (a) new text end A patient has the right to new text begin give new text end prior consent
to any medical or surgical treatment, other than treatment for chemical dependency or
nonintrusive treatment for mental illness.

new text begin (b) new text end The following procedures shall be used to obtain consent for any treatment necessary
to preserve the life or health of any committed patient:

deleted text begin (a) deleted text end new text begin (1) new text end the written, informed consent of a competent adult patient for the treatment is
sufficient deleted text begin . deleted text end new text begin ;
new text end

deleted text begin (b) deleted text end new text begin (2) new text end if the patient is subject to guardianship which includes the provision of medical
care, the written, informed consent of the guardian for the treatment is sufficient deleted text begin . deleted text end new text begin ;
new text end

deleted text begin (c) deleted text end new text begin (3) new text end if the head of the treatment facility new text begin or state-operated treatment program new text end determines
that the patient is not competent to consent to the treatment and the patient has not been
adjudicated incompetent, written, informed consent for the surgery or medical treatment
shall be obtained from the new text begin person appointed the health care power of attorney, the patient's
agent under the health care directive, or the new text end nearest proper relative. For this purpose, the
following persons are proper relatives, in the order listed: the patient's spouse, parent, adult
child, or adult sibling. If the nearest proper relatives cannot be located, refuse to consent to
the procedure, or are unable to consent, the head of the treatment facility new text begin or state-operated
treatment program new text end or an interested person may petition the committing court for approval
for the treatment or may petition a court of competent jurisdiction for the appointment of a
guardian. The determination that the patient is not competent, and the reasons for the
determination, shall be documented in the patient's clinical record deleted text begin . deleted text end new text begin ;
new text end

deleted text begin (d) deleted text end new text begin (4) new text end consent to treatment of any minor patient shall be secured in accordance with
sections 144.341 to 144.346. A minor 16 years of age or older may consent to hospitalization,
routine diagnostic evaluation, and emergency or short-term acute care deleted text begin . deleted text end new text begin ; and
new text end

deleted text begin (e) deleted text end new text begin (5) new text end in the case of an emergency when the persons ordinarily qualified to give consent
cannot be located new text begin in sufficient time to address the emergency need new text end , the head of the treatment
facility new text begin or state-operated treatment program new text end may give consent.

new text begin (c) new text end No person who consents to treatment pursuant to the provisions of this subdivision
shall be civilly or criminally liable for the performance or the manner of performing the
treatment. No person shall be liable for performing treatment without consent if written,
informed consent was given pursuant to this subdivision. This provision shall not affect any
other liability which may result from the manner in which the treatment is performed.

Sec. 21.

Minnesota Statutes 2018, section 253B.03, subdivision 6b, is amended to read:

Subd. 6b.

Consent for mental health treatment.

A competent deleted text begin person deleted text end new text begin patient new text end admitted
voluntarily to a treatment facility new text begin or state-operated treatment program new text end may be subjected to
intrusive mental health treatment only with the deleted text begin person's deleted text end new text begin patient's new text end written informed consent.
For purposes of this section, "intrusive mental health treatment" means deleted text begin electroshock deleted text end new text begin
electroconvulsive new text end therapy and neuroleptic medication and does not include treatment for a
developmental disability. An incompetent deleted text begin person deleted text end new text begin patient new text end who has prepared a directive under
subdivision 6d regarding new text begin intrusive mental health new text end treatment deleted text begin with intrusive therapies deleted text end must be
treated in accordance with this section, except in cases of emergencies.

Sec. 22.

Minnesota Statutes 2018, section 253B.03, subdivision 6d, is amended to read:

Subd. 6d.

Adult mental health treatment.

(a) A competent adult new text begin patient new text end may make a
declaration of preferences or instructions regarding intrusive mental health treatment. These
preferences or instructions may include, but are not limited to, consent to or refusal of these
treatments. new text begin A declaration of preferences or instructions may include a health care directive
under chapter 145C or a psychiatric directive.
new text end

(b) A declaration may designate a proxy to make decisions about intrusive mental health
treatment. A proxy designated to make decisions about intrusive mental health treatments
and who agrees to serve as proxy may make decisions on behalf of a declarant consistent
with any desires the declarant expresses in the declaration.

(c) A declaration is effective only if it is signed by the declarant and two witnesses. The
witnesses must include a statement that they believe the declarant understands the nature
and significance of the declaration. A declaration becomes operative when it is delivered
to the declarant's physician or other mental health treatment provider. The physician or
provider must comply with deleted text begin it deleted text end new text begin the declaration new text end to the fullest extent possible, consistent with
reasonable medical practice, the availability of treatments requested, and applicable law.
The physician or provider shall continue to obtain the declarant's informed consent to all
intrusive mental health treatment decisions if the declarant is capable of informed consent.
A treatment provider deleted text begin may deleted text end new text begin must new text end not require a deleted text begin person deleted text end new text begin patient new text end to make a declaration under
this subdivision as a condition of receiving services.

(d) The physician or other provider shall make the declaration a part of the declarant's
medical record. If the physician or other provider is unwilling at any time to comply with
the declaration, the physician or provider must promptly notify the declarant and document
the notification in the declarant's medical record. deleted text begin If the declarant has been committed as a
patient under this chapter, the physician or provider may subject a declarant to intrusive
treatment in a manner contrary to the declarant's expressed wishes, only upon order of the
committing court. If the declarant is not a committed patient under this chapter, deleted text end The physician
or provider may subject the declarant to intrusive treatment in a manner contrary to the
declarant's expressed wishes, only if the declarant is committed as deleted text begin mentally ill deleted text end new text begin a person who
poses a risk of harm due to mental illness new text end or deleted text begin mentally ill deleted text end new text begin as a person who has a mental illness new text end
and new text begin is new text end dangerous to the public and a court order authorizing the treatment has been issued
new text begin or an emergency has been declared under section 253B.092, subdivision 3 new text end .

(e) A declaration under this subdivision may be revoked in whole or in part at any time
and in any manner by the declarant if the declarant is competent at the time of revocation.
A revocation is effective when a competent declarant communicates the revocation to the
attending physician or other provider. The attending physician or other provider shall note
the revocation as part of the declarant's medical record.

(f) A provider who administers intrusive mental health treatment according to and in
good faith reliance upon the validity of a declaration under this subdivision is held harmless
from any liability resulting from a subsequent finding of invalidity.

(g) In addition to making a declaration under this subdivision, a competent adult may
delegate parental powers under section 524.5-211 or may nominate a guardian under sections
524.5-101 to 524.5-502.

Sec. 23.

Minnesota Statutes 2018, section 253B.03, subdivision 7, is amended to read:

Subd. 7.

deleted text begin Program deleted text end new text begin Treatment new text end plan.

A deleted text begin person deleted text end new text begin patient new text end receiving services under this
chapter has the right to receive proper care and treatment, best adapted, according to
contemporary professional standards, to rendering further supervision unnecessary. The
treatment facility new text begin , state-operated treatment program, or community-based treatment program new text end
shall devise a written deleted text begin program deleted text end new text begin treatment new text end plan for each deleted text begin person deleted text end new text begin patient new text end which describes in
behavioral terms the case problems, the precise goals, including the expected period of time
for treatment, and the specific measures to be employed. deleted text begin Each plan shall be reviewed at
least quarterly to determine progress toward the goals, and to modify the program plan as
necessary. deleted text end new text begin The development and review of treatment plans must be conducted as required
under the license or certification of the treatment facility, state-operated treatment program,
or community-based treatment program. If there are no review requirements under the
license or certification, the treatment plan must be reviewed quarterly. new text end The deleted text begin program deleted text end new text begin treatment new text end
plan shall be devised and reviewed with the designated agency and with the patient. The
clinical record shall reflect the deleted text begin program deleted text end new text begin treatment new text end plan review. If the designated agency or
the patient does not participate in the planning and review, the clinical record shall include
reasons for nonparticipation and the plans for future involvement. The commissioner shall
monitor the deleted text begin program deleted text end new text begin treatment new text end plan and review process for deleted text begin regional centers deleted text end new text begin state-operated
treatment programs new text end to deleted text begin insure deleted text end new text begin ensure new text end compliance with the provisions of this subdivision.

Sec. 24.

Minnesota Statutes 2018, section 253B.03, subdivision 10, is amended to read:

Subd. 10.

Notification.

new text begin (a) new text end All deleted text begin persons deleted text end new text begin patients new text end admitted or committed to a treatment
facility new text begin or state-operated treatment program, or temporarily confined under section 253B.045,
new text end shall be notified in writing of their rights regarding hospitalization and other treatment deleted text begin at
the time of admission deleted text end .

new text begin (b) new text end This notification must include:

(1) patient rights specified in this section and section 144.651, including nursing home
discharge rights;

(2) the right to obtain treatment and services voluntarily under this chapter;

(3) the right to voluntary admission and release under section 253B.04;

(4) rights in case of an emergency admission under section deleted text begin 253B.05 deleted text end , including
the right to documentation in support of an emergency hold and the right to a summary
hearing before a judge if the patient believes an emergency hold is improper;

(5) the right to request expedited review under section 62M.05 if additional days of
inpatient stay are denied;

(6) the right to continuing benefits pending appeal and to an expedited administrative
hearing under section 256.045 if the patient is a recipient of medical assistance or
MinnesotaCare; and

(7) the right to an external appeal process under section 62Q.73, including the right to
a second opinion.

Sec. 25.

Minnesota Statutes 2018, section 253B.04, subdivision 1, is amended to read:

Subdivision 1.

Voluntary admission and treatment.

(a) Voluntary admission is preferred
over involuntary commitment and treatment. Any person 16 years of age or older may
request to be admitted to a treatment facility new text begin or state-operated treatment program new text end as a
voluntary patient for observation, evaluation, diagnosis, care and treatment without making
formal written application. Any person under the age of 16 years may be admitted as a
patient with the consent of a parent or legal guardian if it is determined by independent
examination that there is reasonable evidence that (1) the proposed patient has a mental
illness, deleted text begin or is developmentally disabled deleted text end new text begin developmental disability, new text end or deleted text begin chemically dependent deleted text end new text begin
chemical dependency new text end ; and (2) the proposed patient is suitable for treatment. The head of
the treatment facility new text begin or head of the state-operated treatment program new text end shall not arbitrarily
refuse any person seeking admission as a voluntary patient. In making decisions regarding
admissions, the new text begin treatment new text end facility new text begin or state-operated treatment program new text end shall use clinical
admission criteria consistent with the current applicable inpatient admission standards
established by new text begin professional organizations including new text end the American Psychiatric Association
deleted text begin or deleted text end new text begin , new text end the American Academy of Child and Adolescent Psychiatry new text begin , the Joint Commission, and
the American Society of Addiction Medicine new text end . These criteria must be no more restrictive
than, and must be consistent with, the requirements of section 62Q.53. The new text begin treatment new text end facility
new text begin or head of the state-operated treatment program new text end may not refuse to admit a person voluntarily
solely because the person does not meet the criteria for involuntary holds under section
deleted text begin 253B.05 deleted text end or the definition of new text begin a person who poses a risk of harm due to new text end mental
illness under section 253B.02, subdivision 13.

(b) In addition to the consent provisions of paragraph (a), a person who is 16 or 17 years
of age who refuses to consent personally to admission may be admitted as a patient for
mental illness or chemical dependency treatment with the consent of a parent or legal
guardian if it is determined by an independent examination that there is reasonable evidence
that the proposed patient is chemically dependent or has a mental illness and is suitable for
treatment. The person conducting the examination shall notify the proposed patient and the
parent or legal guardian of this determination.

(c) A person who is voluntarily participating in treatment for a mental illness is not
subject to civil commitment under this chapter if the person:

(1) has given informed consent or, if lacking capacity, is a person for whom legally valid
substitute consent has been given; and

(2) is participating in a medically appropriate course of treatment, including clinically
appropriate and lawful use of neuroleptic medication and electroconvulsive therapy. The
limitation on commitment in this paragraph does not apply if, based on clinical assessment,
the court finds that it is unlikely that the deleted text begin person deleted text end new text begin patient new text end will remain in and cooperate with
a medically appropriate course of treatment absent commitment and the standards for
commitment are otherwise met. This paragraph does not apply to a person for whom
commitment proceedings are initiated pursuant to rule 20.01 or 20.02 of the Rules of Criminal
Procedure, or a person found by the court to meet the requirements under section 253B.02,
subdivision 17.

new text begin (d) new text end Legally valid substitute consent may be provided by a proxy under a health care
directive, a guardian or conservator with authority to consent to mental health treatment,
or consent to admission under subdivision 1a or 1b.

Sec. 26.

Minnesota Statutes 2018, section 253B.04, subdivision 1a, is amended to read:

Subd. 1a.

Voluntary treatment or admission for persons with new text begin a new text end mental illness.

(a)
A person with a mental illness may seek or voluntarily agree to accept treatment or admission
to a new text begin state-operated treatment program or treatment new text end facility. If the mental health provider
determines that the person lacks the capacity to give informed consent for the treatment or
admission, and in the absence of a health care deleted text begin power of attorney deleted text end new text begin directive or health care
power of attorney new text end that authorizes consent, the designated agency or its designee may give
informed consent for mental health treatment or admission to a treatment facility new text begin or
state-operated treatment program new text end on behalf of the person.

(b) The designated agency shall apply the following criteria in determining the person's
ability to give informed consent:

(1) whether the person demonstrates an awareness of the person's illness, and the reasons
for treatment, its risks, benefits and alternatives, and the possible consequences of refusing
treatment; and

(2) whether the person communicates verbally or nonverbally a clear choice concerning
treatment that is a reasoned one, not based on delusion, even though it may not be in the
person's best interests.

(c) The basis for the designated agency's decision that the person lacks the capacity to
give informed consent for treatment or admission, and that the patient has voluntarily
accepted treatment or admission, must be documented in writing.

(d) A deleted text begin mental health provider deleted text end new text begin treatment facility or state-operated treatment program new text end that
provides treatment in reliance on the written consent given by the designated agency under
this subdivision or by a substitute decision maker appointed by the court is not civilly or
criminally liable for performing treatment without consent. This paragraph does not affect
any other liability that may result from the manner in which the treatment is performed.

(e) A deleted text begin person deleted text end new text begin patient new text end who receives treatment or is admitted to a new text begin treatment new text end facility new text begin or
state-operated treatment program new text end under this subdivision or subdivision 1b has the right to
refuse treatment at any time or to be released from a new text begin treatment new text end facility new text begin or state-operated
treatment program new text end as provided under subdivision 2. The deleted text begin person deleted text end new text begin patient new text end or any interested
person acting on the deleted text begin person's deleted text end new text begin patient's new text end behalf may seek court review within five days for a
determination of whether the deleted text begin person's deleted text end new text begin patient's new text end agreement to accept treatment or admission
is voluntary. At the time a deleted text begin person deleted text end new text begin patient new text end agrees to treatment or admission to a new text begin treatment
new text end facility new text begin or state-operated treatment program new text end under this subdivision, the designated agency
or its designee shall inform the deleted text begin person deleted text end new text begin patient new text end in writing of the deleted text begin person's deleted text end new text begin patient's new text end rights under
this paragraph.

deleted text begin (f) This subdivision does not authorize the administration of deleted text end deleted text begin neuroleptic deleted text end deleted text begin medications.
deleted text end deleted text begin Neuroleptic deleted text end deleted text begin medications may be administered only as provided deleted text end deleted text begin in section deleted text end deleted text begin .
deleted text end

Sec. 27.

Minnesota Statutes 2018, section 253B.04, subdivision 2, is amended to read:

Subd. 2.

Release.

Every patient admitted for mental illness or developmental disability
under this section shall be informed in writing at the time of admission that the patient has
a right to leave the new text begin treatment new text end facility new text begin or state-operated treatment program new text end within 12 hours
of making a request, unless held under another provision of this chapter. Every patient
admitted for chemical dependency under this section shall be informed in writing at the
time of admission that the patient has a right to leave the new text begin treatment new text end facility new text begin or state-operated
treatment program new text end within 72 hours, exclusive of Saturdays, Sundays, and new text begin legal new text end holidays,
of making a request, unless held under another provision of this chapter. The request shall
be submitted in writing to the head of the treatment facility new text begin or state-operated treatment
program new text end or the person's designee.

Sec. 28.

new text begin [253B.041] SERVICES FOR ENGAGEMENT IN TREATMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Eligibility. new text end

new text begin (a) The purpose of engagement services is to avoid the need
for commitment and to enable the proposed patient to voluntarily engage in needed treatment.
An interested person may apply to the county where a proposed patient resides to request
engagement services.
new text end

new text begin (b) To be eligible for engagement services, the proposed patient must be at least 18 years
of age, have a mental illness, and either:
new text end

new text begin (1) be exhibiting symptoms of serious mental illness including hallucinations, mania,
delusional thoughts, or be unable to obtain necessary food, clothing, shelter, medical care,
or provide necessary hygiene due to the patient's mental illness; or
new text end

new text begin (2) have a history of failing to adhere to treatment for mental illness, in that:
new text end

new text begin (i) the proposed patient's mental illness has been a substantial factor in necessitating
hospitalization, or incarceration in a state or local correctional facility, not including any
period during which the person was hospitalized or incarcerated immediately preceding
filing the application for engagement; or
new text end

new text begin (ii) the proposed patient is exhibiting symptoms or behavior that may lead to
hospitalization, incarceration, or court-ordered treatment.
new text end

new text begin Subd. 2. new text end

new text begin Administration. new text end

new text begin (a) Upon receipt of a request for engagement services, the
county's prepetition screening team shall conduct an investigation to determine whether the
proposed patient is eligible. In making this determination, the screening team shall seek any
relevant information from an interested person.
new text end

new text begin (b) If the screening team determines that the proposed patient is eligible, engagement
services must begin and include, but are not limited to:
new text end

new text begin (1) assertive attempts to engage the patient in voluntary treatment for mental illness for
at least 90 days. Engagement services must be person-centered and continue even if the
patient is an inmate in a non-state-operated correctional facility;
new text end

new text begin (2) efforts to engage the patient's existing systems of support, including interested persons,
unless the engagement provider determines that involvement is not helpful to the patient.
This includes education on restricting means of harm, suicide prevention, and engagement;
and
new text end

new text begin (3) collaboration with the patient to meet immediate needs including access to housing,
food, income, disability verification, medications, and treatment for medical conditions.
new text end

new text begin (c) Engagement services regarding potential treatment options must take into account
the patient's preferences for services and supports. The county may offer engagement services
through the designated agency or another agency under contract. Engagement services staff
must have training in person-centered care. Engagement services staff may include but are
not limited to mobile crisis teams under section 245.462, certified peer specialists under
section 256B.0615, community-based treatment programs, and homeless outreach workers.
new text end

new text begin (d) If the patient voluntarily consents to receive mental health treatment, the engagement
services staff must facilitate the referral to an appropriate mental health treatment provider
including support obtaining health insurance if the proposed patient is currently or may
become uninsured. If the proposed patient initially consents to treatment, but fails to initiate
or continue treatment, the engagement services team must continue outreach efforts to the
patient.
new text end

new text begin Subd. 3. new text end

new text begin Commitment. new text end

new text begin Engagement services for a patient to seek treatment may be
stopped if the proposed patient is in need of commitment and satisfies the commitment
criteria under section 253B.09, subdivision 1. In such a case, the engagement services team
must immediately notify the designated agency, initiate the prepetition screening process
under section 253B.07, or seek an emergency hold if necessary to ensure the safety of the
patient or others.
new text end

new text begin Subd. 4. new text end

new text begin Evaluation. new text end

new text begin Counties may, but are not required to, provide engagement services.
The commissioner may conduct a pilot project evaluating the impact of engagement services
in decreasing commitments, increasing engagement in treatment, and other measures.
new text end

Sec. 29.

Minnesota Statutes 2018, section 253B.045, subdivision 2, is amended to read:

Subd. 2.

Facilities.

(a) 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 deleted text begin regional deleted text end
new text begin state-operated new text end treatment deleted text begin center deleted text end new text begin program new text end , the commissioner shall charge the county of
financial responsibility for the costs of confinement of deleted text begin persons deleted text end new text begin patients new text end hospitalized under
deleted text begin section 253B.05, subdivisions 1 and 2, deleted text end new text begin sections 253B.051 new text end and deleted text begin section deleted text end 253B.07, subdivision
2b, except that the commissioner shall bill the responsible health plan first. Any charges
not covered, including co-pays and deductibles shall be the responsibility of the county. If
the deleted text begin person deleted text end new text begin patient new text end 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. deleted text begin When
a person is temporarily confined in a Department of Corrections facility solely under
subdivision 1a, and not based on any separate correctional authority:
deleted text end

deleted text begin (1) the commissioner of corrections may charge the county of financial responsibility
for the costs of confinement; and
deleted text end

deleted text begin (2) the Department of Human Services shall use existing appropriations to fund all
remaining nonconfinement costs. The funds received by the commissioner for the
confinement and nonconfinement costs are appropriated to the department for these purposes.
deleted text end

(b) For the purposes of this subdivision, "county of financial responsibility" has the
meaning specified in section 253B.02, subdivision 4c, or, if the deleted text begin person deleted text end new text begin patient new text end has no
residence in this state, the county which initiated the confinement. The charge for
confinement in a facility operated by the commissioner deleted text begin of human services deleted text end shall be based
on the commissioner's determination of the cost of care pursuant to section 246.50,
subdivision 5. 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.

Sec. 30.

Minnesota Statutes 2018, section 253B.045, subdivision 3, is amended to read:

Subd. 3.

Cost of care.

Notwithstanding subdivision 2, a county shall be responsible for
the cost of care as specified under section 246.54 for deleted text begin persons deleted text end new text begin a patient new text end hospitalized at a
deleted text begin regional deleted text end new text begin state-operated new text end treatment deleted text begin center deleted text end new text begin program new text end in accordance with section 253B.09 and
the deleted text begin person's deleted text end new text begin patient's new text end legal status has been changed to a court hold under section 253B.07,
subdivision 2b, pending a judicial determination regarding continued commitment pursuant
to sections 253B.12 and 253B.13.

Sec. 31.

Minnesota Statutes 2018, section 253B.045, subdivision 5, is amended to read:

Subd. 5.

Health plan company; definition.

For purposes of this section, "health plan
company" has the meaning given it in section 62Q.01, subdivision 4, and also includes a
demonstration provider as defined in section 256B.69, subdivision 2, paragraph (b) deleted text begin , deleted text end new text begin ; and new text end a
county or group of counties participating in county-based purchasing according to section
256B.692 deleted text begin , and a children's mental health collaborative under contract to provide medical
assistance for individuals enrolled in the prepaid medical assistance and MinnesotaCare
programs according to sections 245.493 to 245.495 deleted text end .

Sec. 32.

Minnesota Statutes 2018, section 253B.045, subdivision 6, is amended to read:

Subd. 6.

Coverage.

(a) For purposes of this section, "mental health services" means all
covered services that are intended to treat or ameliorate an emotional, behavioral, or
psychiatric condition and that are covered by the policy, contract, or certificate of coverage
of the enrollee's health plan company or by law.

(b) All health plan companies that provide coverage for mental health services must
cover or provide mental health services ordered by a court of competent jurisdiction deleted text begin under
a court order that is issued on the basis of a behavioral care evaluation performed by a
licensed psychiatrist or a doctoral level licensed psychologist, which includes a diagnosis
and an individual treatment plan for care in the most appropriate, least restrictive
environment. The health plan company must be given a copy of the court order and the
behavioral care evaluation. The health plan company shall be financially liable for the
evaluation if performed by a participating provider of the health plan company and shall be
financially liable for the care included in the court-ordered individual treatment plan if the
care is covered by the health plan company and ordered to be provided by a participating
provider or another provider as required by rule or law deleted text end . This court-ordered coverage must
not be subject to a separate medical necessity determination by a health plan company under
its utilization procedures.

Sec. 33.

new text begin [253B.051] EMERGENCY ADMISSION.
new text end

new text begin Subdivision 1. new text end

new text begin Peace officer or health officer authority. new text end

new text begin (a) If a peace officer or health
officer has reason to believe, either through direct observation of the person's behavior or
upon reliable information of the person's recent behavior and, if available, knowledge or
reliable information concerning the person's past behavior or treatment that the person:
new text end

new text begin (1) has a mental illness or developmental disability and is in danger of harming self or
others if the officer does not immediately detain the patient, the peace officer or health
officer may take the person into custody and transport the person to an examiner or a
treatment facility, state-operated treatment program, or community-based treatment program;
new text end

new text begin (2) is chemically dependent or intoxicated in public and in danger of harming self or
others if the officer does not immediately detain the patient, the peace officer or health
officer may take the person into custody and transport the person to a treatment facility,
state-operated treatment program, or community-based treatment program; or
new text end

new text begin (3) is chemically dependent or intoxicated in public and not in danger of harming self,
others, or property, the peace officer or health officer may take the person into custody and
transport the person to the person's home.
new text end

new text begin (b) An examiner's written statement or a health officer's written statement in compliance
with the requirements of subdivision 2 is sufficient authority for a peace officer or health
officer to take the person into custody and transport the person to a treatment facility,
state-operated treatment program, or community-based treatment program.
new text end

new text begin (c) A peace officer or health officer who takes a person into custody and transports the
person to a treatment facility, state-operated treatment program, or community-based
treatment program under this subdivision shall make written application for admission of
the person containing:
new text end

new text begin (1) the officer's statement specifying the reasons and circumstances under which the
person was taken into custody;
new text end

new text begin (2) identifying information on specific individuals to the extent practicable, if danger to
those individuals is a basis for the emergency hold; and
new text end

new text begin (3) the officer's name, the agency that employs the officer, and the telephone number or
other contact information for purposes of receiving notice under subdivision 3.
new text end

new text begin (d) A copy of the examiner's written statement and officer's application shall be made
available to the person taken into custody.
new text end

new text begin (e) The officer may provide the transportation personally or may arrange to have the
person transported by a suitable medical or mental health transportation provider. As far as
practicable, a peace officer who provides transportation for a person placed in a treatment
facility, state-operated treatment program, or community-based treatment program under
this subdivision must not be in uniform and must not use a vehicle visibly marked as a law
enforcement vehicle.
new text end

new text begin Subd. 2. new text end

new text begin Emergency hold. new text end

new text begin (a) A treatment facility, state-operated treatment program,
or community-based treatment program, other than a facility operated by the Minnesota sex
offender program, may admit or hold a patient, including a patient transported under
subdivision 1, for emergency care and treatment if the head of the facility or program
consents to holding the patient and an examiner provides a written statement in support of
holding the patient.
new text end

new text begin (b) The written statement must indicate that:
new text end

new text begin (1) the examiner examined the patient not more than 15 days prior to admission;
new text end

new text begin (2) the examiner interviewed the patient, or if not, the specific reasons why the examiner
did not interview the patient;
new text end

new text begin (3) the examiner has the opinion that the patient has a mental illness or developmental
disability, or is chemically dependent and is in danger of causing harm to self or others if
a facility or program does not immediately detain the patient. The statement must include
observations of the patient's behavior and avoid conclusory language. The statement must
be specific enough to provide an adequate record for review. If danger to specific individuals
is a basis for the emergency hold, the statement must identify those individuals to the extent
practicable; and
new text end

new text begin (4) the facility or program cannot obtain a court order in time to prevent the anticipated
injury.
new text end

new text begin (c) Prior to an examiner writing a statement, if another person brought the patient to the
treatment facility, state-operated treatment program, or community-based treatment program,
the examiner shall make a good-faith effort to obtain information from that person, which
the examiner must consider in deciding whether to place the patient on an emergency hold.
To the extent available, the statement must include direct observations of the patient's
behaviors, reliable knowledge of the patient's recent and past behavior, and information
regarding the patient's psychiatric history, past treatment, and current mental health providers.
The examiner shall also inquire about health care directives under chapter 145C and advance
psychiatric directives under section 253B.03, subdivision 6d.
new text end

new text begin (d) The facility or program must give a copy of the examiner's written statement to the
patient immediately upon initiating the emergency hold. The treatment facility, state-operated
treatment program, or community-based treatment program shall maintain a copy of the
examiner's written statement. The program or facility must inform the patient in writing of
the right to (1) leave after 72 hours, (2) have a medical examination within 48 hours, and
(3) request a change to voluntary status. The facility or program shall assist the patient in
exercising the rights granted in this subdivision.
new text end

new text begin (e) The facility or program must not allow the patient nor require the patient's consent
to participate in a clinical drug trial during an emergency admission or hold under this
subdivision. If a patient gives consent to participate in a drug trial during a period of an
emergency admission or hold, it is void and unenforceable. This paragraph does not prohibit
a patient from continuing participation in a clinical drug trial if the patient was participating
in the clinical drug trial at the time of the emergency admission or hold.
new text end

new text begin Subd. 3. new text end

new text begin Duration of hold, release procedures, and change of status. new text end

new text begin (a) If a peace
officer or health officer transports a person to a treatment facility, state-operated treatment
program, or community-based treatment program under subdivision 1, an examiner at the
facility or program must examine the patient and make a determination about the need for
an emergency hold as soon as possible and within 12 hours of the person's arrival. The peace
officer or health officer hold ends upon whichever occurs first: (1) initiation of an emergency
hold on the person under subdivision 2; (2) the person's voluntary admission; (3) the
examiner's decision not to admit the person; or (4) 12 hours after the person's arrival.
new text end

new text begin (b) Under this section, the facility or program may hold a patient up to 72 hours, exclusive
of Saturdays, Sundays, and legal holidays, after the examiner signs the written statement
for an emergency hold of the patient. The facility or program must release a patient when
the emergency hold expires unless the facility or program obtains a court order to hold the
patient. The facility or program may not place the patient on a consecutive emergency hold
under this section.
new text end

new text begin (c) If the interested person files a petition to civilly commit the patient, the court may
issue a judicial hold order pursuant to section 253B.07, subdivision 2b.
new text end

new text begin (d) During the 72-hour hold, a court must not release a patient under this section unless
the court received a written petition for the patient's release and the court has held a summary
hearing regarding the patient's release.
new text end

new text begin (e) The written petition for the patient's release must include the patient's name, the basis
for the hold, the location of the hold, and a statement explaining why the hold is improper.
The petition must also include copies of any written documentation under subdivision 1 or
2 that support the hold, unless the facility or program holding the patient refuses to supply
the documentation. Upon receipt of a petition, the court must comply with the following:
new text end

new text begin (1) the court must hold the hearing as soon as practicable and the court may conduct the
hearing by telephone conference call, interactive video conference, or similar method by
which the participants are able to simultaneously hear each other;
new text end

new text begin (2) before deciding to release the patient, the court shall make every reasonable effort
to provide notice of the proposed release and reasonable opportunity to be heard to:
new text end

new text begin (i) any specific individuals identified in a statement under subdivision 1 or 2 or individuals
identified in the record who might be endangered if the person is not held;
new text end

new text begin (ii) the examiner whose written statement was the basis for the hold under subdivision
2; and
new text end

new text begin (iii) the peace officer or health officer who applied for a hold under subdivision 1; and
new text end

new text begin (3) if the court decides to release the patient, the court shall direct the patient's release
and shall issue written findings supporting the decision. The facility or program must not
delay the patient's release pending the written order.
new text end

new text begin (f) Notwithstanding section 144.293, subdivisions 2 and 4, if a treatment facility,
state-operated treatment program, or community-based treatment program releases or
discharges a patient during the 72-hour hold; the examiner refuses to admit the patient; or
the patient leaves without the consent of the treating health care provider, the head of the
treatment facility, state-operated treatment program, or community-based treatment program
shall immediately notify the agency that employs the peace officer or health officer who
initiated the transport hold. This paragraph does not apply to the extent that the notice would
violate federal law governing the confidentiality of alcohol and drug abuse patient records
under Code of Federal Regulations, title 42, part 2.
new text end

new text begin (g) If a patient is intoxicated in public and a facility or program holds the patient under
this section for detoxification, a treatment facility, state-operated treatment program, or
community-based treatment program may release the patient without providing notice under
paragraph (f) as soon as the treatment facility, state-operated treatment program, or
community-based treatment program determines that the person is no longer in danger of
causing harm to self or others. The facility or program must provide notice to the peace
officer or health officer who transported the person, or to the appropriate law enforcement
agency, if the officer or agency requests notification.
new text end

new text begin (h) A treatment facility or state-operated treatment program must change a patient's
status to voluntary status as provided in section 253B.04 upon the patient's request in writing
if the head of the facility or program consents to the change.
new text end

Sec. 34.

Minnesota Statutes 2018, section 253B.06, subdivision 1, is amended to read:

Subdivision 1.

Persons deleted text begin who are mentally ill or developmentally disabled deleted text end new text begin with mental
illness or developmental disability new text end .

new text begin A physician must examine new text end every patient hospitalized
deleted text begin as mentally ill or developmentally disabled deleted text end new text begin due to mental illness or developmental disability new text end
pursuant to section 253B.04 or deleted text begin 253B.05 must be examined by a physician deleted text end new text begin 253B.051 new text end as soon
as possible but no more than 48 hours following new text begin the patient's new text end admission. The physician deleted text begin shall deleted text end new text begin
must new text end be knowledgeable and trained in deleted text begin the diagnosis of deleted text end new text begin diagnosing new text end the deleted text begin alleged disability
related to the need for deleted text end new text begin patient's mental illness or developmental disability, forming the basis
of the patient's new text end admission deleted text begin as a person who is mentally ill or developmentally disabled deleted text end .

Sec. 35.

Minnesota Statutes 2018, section 253B.06, subdivision 2, is amended to read:

Subd. 2.

Chemically dependent persons.

deleted text begin Patients hospitalized deleted text end new text begin A treatment facility,
state-operated treatment program, or community-based treatment program must examine a
patient hospitalized new text end as chemically dependent pursuant to section 253B.04 or deleted text begin 253B.05 shall
also be examined deleted text end new text begin 253B.051 new text end within 48 hours of admission. At a minimum, deleted text begin the examination
shall consist of a physical evaluation by facility staff deleted text end new text begin the facility or program must physically
examine the patient new text end according to procedures established by a physician new text begin , new text end and deleted text begin an evaluation
by deleted text end staff new text begin examining the patient must be new text end knowledgeable and trained in the diagnosis of the
alleged disability deleted text begin related to the need for deleted text end new text begin forming the basis of the patient's new text end admission as a
chemically dependent person.

Sec. 36.

Minnesota Statutes 2018, section 253B.06, subdivision 3, is amended to read:

Subd. 3.

Discharge.

At the end of a 48-hour period, deleted text begin any deleted text end new text begin the facility or program shall
discharge a new text end patient admitted pursuant to section deleted text begin 253B.05 shall be discharged deleted text end new text begin 253B.051 new text end if
an examination has not been held or if the examiner or evaluation staff person fails to notify
the head of the deleted text begin treatment deleted text end facility new text begin or program new text end in writing that in the examiner's or staff person's
opinion the patient is deleted text begin apparently deleted text end in need of care, treatment, and evaluation as a deleted text begin mentally ill,
developmentally disabled, or chemically dependent deleted text end person new text begin who has a mental illness,
developmental disability, or chemical dependency new text end .

Sec. 37.

Minnesota Statutes 2018, section 253B.07, subdivision 1, is amended to read:

Subdivision 1.

Prepetition screening.

(a) Prior to filing a petition for commitment of
deleted text begin or early intervention for deleted text end a proposed patient, an interested person shall apply to the designated
agency in the county of financial responsibility or the county where the proposed patient is
present for conduct of a preliminary investigation new text begin as provided in section 253B.23, subdivision
1b new text end , except when the proposed patient has been acquitted of a crime under section 611.026
and the county attorney is required to file a petition for commitment. The designated agency
shall appoint a screening team to conduct an investigation. The petitioner may not be a
member of the screening team. The investigation must include:

(1) deleted text begin a personal deleted text end new text begin an new text end interview with the proposed patient and other individuals who appear
to have knowledge of the condition of the proposed patient new text begin , if practicable new text end . new text begin In-person
interviews with the proposed patient are preferred. new text end If the proposed patient is not interviewed,
specific reasons must be documented;

(2) identification and investigation of specific alleged conduct which is the basis for
application;

(3) identification, exploration, and listing of the specific reasons for rejecting or
recommending alternatives to involuntary placement;

(4) in the case of a commitment based on mental illness, deleted text begin the following deleted text end information deleted text begin , if
it is known or available, deleted text end that may be relevant to the administration of neuroleptic medications,
including the existence of a declaration under section 253B.03, subdivision 6d, or a health
care directive under chapter 145C or a guardian, conservator, proxy, or agent with authority
to make health care decisions for the proposed patient; information regarding the capacity
of the proposed patient to make decisions regarding administration of neuroleptic medication;
and whether the proposed patient is likely to consent or refuse consent to administration of
the medication;

(5) seeking input from the proposed patient's health plan company to provide the court
with information about deleted text begin services the enrollee needs and the least restrictive alternatives deleted text end new text begin the
patient's relevant treatment history and current treatment providers new text end ; and

(6) in the case of a commitment based on mental illness, information listed in clause (4)
for other purposes relevant to treatment.

(b) In conducting the investigation required by this subdivision, the screening team shall
have access to all relevant medical records of proposed patients currently in treatment
facilities new text begin , state-operated treatment programs, or community-based treatment programs new text end . The
interviewer shall inform the proposed patient that any information provided by the proposed
patient may be included in the prepetition screening report and may be considered in the
commitment proceedings. Data collected pursuant to this clause shall be considered private
data on individuals. The prepetition screening report is not admissible as evidence except
by agreement of counsel or as permitted by this chapter or the rules of court and is not
admissible in any court proceedings unrelated to the commitment proceedings.

(c) The prepetition screening team shall provide a notice, written in easily understood
language, to the proposed patient, the petitioner, persons named in a declaration under
chapter 145C or section 253B.03, subdivision 6d, and, with the proposed patient's consent,
other interested parties. The team shall ask the patient if the patient wants the notice read
and shall read the notice to the patient upon request. The notice must contain information
regarding the process, purpose, and legal effects of civil commitment deleted text begin and early intervention deleted text end .
The notice must inform the proposed patient that:

(1) if a petition is filed, the patient has certain rights, including the right to a
court-appointed attorney, the right to request a second new text begin court new text end examiner, the right to attend
hearings, and the right to oppose the proceeding and to present and contest evidence; and

(2) if the proposed patient is committed to a deleted text begin state regional treatment center or group
home deleted text end new text begin state-operated treatment program new text end , the patient may be billed for the cost of care and
the state has the right to make a claim against the patient's estate for this cost.

The ombudsman for mental health and developmental disabilities shall develop a form
for the notice which includes the requirements of this paragraph.

(d) When the prepetition screening team recommends commitment, a written report
shall be sent to the county attorney for the county in which the petition is to be filed. The
statement of facts contained in the written report must meet the requirements of subdivision
2, paragraph (b).

(e) The prepetition screening team shall refuse to support a petition if the investigation
does not disclose evidence sufficient to support commitment. Notice of the prepetition
screening team's decision shall be provided to the prospective petitioner new text begin , any specific
individuals identified in the examiner's statement, new text end and to the proposed patient.

(f) If the interested person wishes to proceed with a petition contrary to the
recommendation of the prepetition screening team, application may be made directly to the
county attorney, who shall determine whether or not to proceed with the petition. Notice of
the county attorney's determination shall be provided to the interested party.

(g) If the proposed patient has been acquitted of a crime under section 611.026, the
county attorney shall apply to the designated county agency in the county in which the
acquittal took place for a preliminary investigation unless substantially the same information
relevant to the proposed patient's current mental condition, as could be obtained by a
preliminary investigation, is part of the court record in the criminal proceeding or is contained
in the report of a mental examination conducted in connection with the criminal proceeding.
If a court petitions for commitment pursuant to the Rules of Criminal or Juvenile Procedure
or a county attorney petitions pursuant to acquittal of a criminal charge under section 611.026,
the prepetition investigation, if required by this section, shall be completed within seven
days after the filing of the petition.

Sec. 38.

Minnesota Statutes 2018, section 253B.07, subdivision 2, is amended to read:

Subd. 2.

The petition.

(a) Any interested person, except a member of the prepetition
screening team, may file a petition for commitment in the district court of the county of
financial responsibility or the county where the proposed patient is present. If the head of
the treatment facility new text begin , state-operated treatment program, or community-based treatment
program new text end believes that commitment is required and no petition has been filed, deleted text begin the head of
the treatment facility deleted text end new text begin that person new text end shall petition for the commitment of the deleted text begin person deleted text end new text begin proposed
patient new text end .

(b) The petition shall set forth the name and address of the proposed patient, the name
and address of the patient's nearest relatives, and the reasons for the petition. The petition
must contain factual descriptions of the proposed patient's recent behavior, including a
description of the behavior, where it occurred, and the time period over which it occurred.
Each factual allegation must be supported by observations of witnesses named in the petition.
Petitions shall be stated in behavioral terms and shall not contain judgmental or conclusory
statements.

(c) The petition shall be accompanied by a written statement by an examiner stating that
the examiner has examined the proposed patient within the 15 days preceding the filing of
the petition and is of the opinion that the proposed patient deleted text begin is suffering deleted text end new text begin has new text end a designated
disability and should be committed to a treatment facility new text begin , state-operated treatment program,
or community-based treatment program new text end . The statement shall include the reasons for the
opinion. In the case of a commitment based on mental illness, the petition and the examiner's
statement shall include deleted text begin , to the extent this information is available, deleted text end a statement and opinion
regarding the proposed patient's need for treatment with neuroleptic medication and the
patient's capacity to make decisions regarding the administration of neuroleptic medications,
and the reasons for the opinion. If use of neuroleptic medications is recommended by the
treating deleted text begin physician deleted text end new text begin medical practitioner or other qualified medical provider new text end , the petition for
commitment must, if applicable, include or be accompanied by a request for proceedings
under section 253B.092. Failure to include the required information regarding neuroleptic
medications in the examiner's statement, or to include a request for an order regarding
neuroleptic medications with the commitment petition, is not a basis for dismissing the
commitment petition. If a petitioner has been unable to secure a statement from an examiner,
the petition shall include documentation that a reasonable effort has been made to secure
the supporting statement.

Sec. 39.

Minnesota Statutes 2018, section 253B.07, subdivision 2a, is amended to read:

Subd. 2a.

Petition originating from criminal proceedings.

(a) If criminal charges are
pending against a defendant, the court shall order simultaneous competency and civil
commitment examinations in accordance with Minnesota Rules of Criminal Procedure, rule
20.04, when the following conditions are met:

(1) the prosecutor or defense counsel doubts the defendant's competency and a motion
is made challenging competency, or the court on its initiative raises the issue under rule
20.01; and

(2) the prosecutor and defense counsel agree simultaneous examinations are appropriate.

No additional examination under subdivision 3 is required in a subsequent civil commitment
proceeding unless a second examination is requested by defense counsel appointed following
the filing of any petition for commitment.

new text begin (b) Only a court examiner may conduct an assessment as described in Minnesota Rules
of Criminal Procedure, rules 20.01, subdivision 4, and 20.02, subdivision 2.
new text end

new text begin (c) Where a county is ordered to consider civil commitment following a determination
of incompetency under Minnesota Rules of Criminal Procedure, rule 20.01, the county in
which the criminal matter is pending is responsible to conduct prepetition screening and, if
statutory conditions for commitment are satisfied, to file the commitment petition in that
county. By agreement between county attorneys, prepetition screening and filing the petition
may be handled in the county of financial responsibility or the county where the proposed
patient is present.
new text end

deleted text begin (b) deleted text end new text begin (d) new text end Following an acquittal of a person of a criminal charge under section 611.026,
the petition shall be filed by the county attorney of the county in which the acquittal took
place and the petition shall be filed with the court in which the acquittal took place, and that
court shall be the committing court for purposes of this chapter. When a petition is filed
pursuant to subdivision 2 with the court in which acquittal of a criminal charge took place,
the court shall assign the judge before whom the acquittal took place to hear the commitment
proceedings unless that judge is unavailable.

Sec. 40.

Minnesota Statutes 2018, section 253B.07, subdivision 2b, is amended to read:

Subd. 2b.

Apprehend and hold orders.

(a) The court may order the treatment facility
new text begin or state-operated treatment program new text end to hold the deleted text begin person in a treatment facility deleted text end new text begin proposed
patient new text end or direct a health officer, peace officer, or other person to take the proposed patient
into custody and transport the proposed patient to a treatment facility new text begin or state-operated
treatment program new text end for observation, evaluation, diagnosis, care, treatment, and, if necessary,
confinement, when:

(1) there has been a particularized showing by the petitioner that serious physical harm
to the proposed patient or others is likely unless the proposed patient is immediately
apprehended;

(2) the proposed patient has not voluntarily appeared for the examination or the
commitment hearing pursuant to the summons; or

(3) a person is held pursuant to section deleted text begin 253B.05 deleted text end and a request for a petition
for commitment has been filed.

(b) The order of the court may be executed on any day and at any time by the use of all
necessary means including the imposition of necessary restraint upon the proposed patient.
Where possible, a peace officer taking the proposed patient into custody pursuant to this
subdivision shall not be in uniform and shall not use a deleted text begin motor deleted text end vehicle visibly marked as a
deleted text begin police deleted text end new text begin law enforcement new text end vehicle. Except as provided in section 253D.10, subdivision 2, in
the case of an individual on a judicial hold due to a petition for civil commitment under
chapter 253D, assignment of custody during the hold is to the commissioner deleted text begin of human
services deleted text end . The commissioner is responsible for determining the appropriate placement within
a secure treatment facility under the authority of the commissioner.

(c) A proposed patient must not be allowed or required to consent to nor participate in
a clinical drug trial while an order is in effect under this subdivision. A consent given while
an order is in effect is void and unenforceable. This paragraph does not prohibit a patient
from continuing participation in a clinical drug trial if the patient was participating in the
new text begin clinical new text end drug trial at the time the order was issued under this subdivision.

Sec. 41.

Minnesota Statutes 2018, section 253B.07, subdivision 2d, is amended to read:

Subd. 2d.

Change of venue.

Either party may move to have the venue of the petition
changed to the district court of the Minnesota county where the person currently lives,
whether independently or pursuant to a placement. new text begin The county attorney of the proposed
county of venue must be notified of the motion and provided the opportunity to respond
before the court rules on the motion. new text end The court shall grant the motion if it determines that
the transfer is appropriate and is in the interests of justice. If the petition has been filed
pursuant to the Rules of Criminal or Juvenile Procedure, venue may not be changed without
the new text begin agreement of the county attorney of the proposed county of venue and the new text end approval of
the court in which the juvenile or criminal proceedings are pending.

Sec. 42.

Minnesota Statutes 2018, section 253B.07, subdivision 3, is amended to read:

Subd. 3.

new text begin Court-appointed new text end examiners.

After a petition has been filed, the court shall
appoint deleted text begin an deleted text end new text begin a court new text end examiner. Prior to the hearing, the court shall inform the proposed patient
of the right to an independent second examination. At the proposed patient's request, the
court shall appoint a second new text begin court new text end examiner of the patient's choosing to be paid for by the
county at a rate of compensation fixed by the court.

Sec. 43.

Minnesota Statutes 2018, section 253B.07, subdivision 5, is amended to read:

Subd. 5.

Prehearing examination; report.

The examination shall be held at a treatment
facility or other suitable place the court determines is not likely to harm the health of the
proposed patient. The county attorney and the patient's attorney may be present during the
examination. Either party may waive this right. Unless otherwise agreed by the parties, a
deleted text begin court-appointed deleted text end new text begin court new text end examiner shall file the report with the court not less than 48 hours
prior to the commitment hearing. The court shall ensure that copies of the new text begin court new text end examiner's
report are provided to the county attorney, the proposed patient, and the patient's counsel.

Sec. 44.

Minnesota Statutes 2018, section 253B.07, subdivision 7, is amended to read:

Subd. 7.

Preliminary hearing.

(a) No proposed patient may be held in a treatment
facility new text begin or state-operated treatment program new text end under a judicial hold pursuant to subdivision
2b longer than 72 hours, exclusive of Saturdays, Sundays, and legal holidays, unless the
court holds a preliminary hearing and determines that the standard is met to hold the deleted text begin person deleted text end new text begin
proposed patient new text end .

(b) The proposed patient, patient's counsel, the petitioner, the county attorney, and any
other persons as the court directs shall be given at least 24 hours written notice of the
preliminary hearing. The notice shall include the alleged grounds for confinement. The
proposed patient shall be represented at the preliminary hearing by counsel. The court may
admit reliable hearsay evidence, including written reports, for the purpose of the preliminary
hearing.

(c) The court, on its motion or on the motion of any party, may exclude or excuse a
proposed patient who is seriously disruptive or who is incapable of comprehending and
participating in the proceedings. In such instances, the court shall, with specificity on the
record, state the behavior of the proposed patient or other circumstances which justify
proceeding in the absence of the proposed patient.

(d) The court may continue the judicial hold of the proposed patient if it finds, by a
preponderance of the evidence, that serious physical harm to the proposed patient or others
is likely if the proposed patient is not immediately confined. If a proposed patient was
acquitted of a crime against the person under section 611.026 immediately preceding the
filing of the petition, the court may presume that serious physical harm to the patient or
others is likely if the proposed patient is not immediately confined.

(e) Upon a showing that a deleted text begin person deleted text end new text begin proposed patient new text end subject to a petition for commitment
may need treatment with neuroleptic medications and that the deleted text begin person deleted text end new text begin proposed patient new text end may
lack capacity to make decisions regarding that treatment, the court may appoint a substitute
decision-maker as provided in section 253B.092, subdivision 6. The substitute decision-maker
shall meet with the proposed patient and provider and make a report to the court at the
hearing under section 253B.08 regarding whether the administration of neuroleptic
medications is appropriate under the criteria of section 253B.092, subdivision 7. If the
substitute decision-maker consents to treatment with neuroleptic medications and the
proposed patient does not refuse the medication, neuroleptic medication may be administered
to the new text begin proposed new text end patient. If the substitute decision-maker does not consent or the new text begin proposed
new text end patient refuses, neuroleptic medication may not be administered without a court order, or
in an emergency as set forth in section 253B.092, subdivision 3.

Sec. 45.

Minnesota Statutes 2018, section 253B.08, subdivision 1, is amended to read:

Subdivision 1.

Time for commitment hearing.

(a) The hearing on the commitment
petition shall be held within 14 days from the date of the filing of the petition, except that
the hearing on a commitment petition pursuant to section 253D.07 shall be held within 90
days from the date of the filing of the petition. For good cause shown, the court may extend
the time of hearing up to an additional 30 days. The proceeding shall be dismissed if the
proposed patient has not had a hearing on a commitment petition within the allowed time.

(b) The proposed patient, or the head of the treatment facility new text begin or state-operated treatment
program new text end in which the deleted text begin person deleted text end new text begin patient new text end is held, may demand in writing at any time that the
hearing be held immediately. Unless the hearing is held within five days of the date of the
demand, exclusive of Saturdays, Sundays new text begin , new text end and legal holidays, the petition shall be
automatically dismissed if the patient is being held in a treatment facility new text begin or state-operated
treatment program new text end pursuant to court order. For good cause shown, the court may extend
the time of hearing on the demand for an additional ten days. This paragraph does not apply
to a commitment petition brought under section 253B.18 or chapter 253D.

Sec. 46.

Minnesota Statutes 2018, section 253B.08, subdivision 2a, is amended to read:

Subd. 2a.

Place of hearing.

The hearing shall be conducted in a manner consistent with
orderly procedure. The hearing shall be held at a courtroom meeting standards prescribed
by local court rule which may be at a treatment facility new text begin or state-operated treatment program new text end .
The hearing may be conducted by interactive video conference under General Rules of
Practice, rule 131, and Minnesota Rules of Civil Commitment, rule 14.

Sec. 47.

Minnesota Statutes 2018, section 253B.08, subdivision 5, is amended to read:

Subd. 5.

Absence permitted.

(a) The court may permit the proposed patient to waive
the right to attend the hearing if it determines that the waiver is freely given. At the time of
the hearing new text begin , new text end the new text begin proposed new text end patient shall not be so under the influence of drugs, medication,
or other treatment so as to be hampered in participating in the proceedings. When the deleted text begin licensed
physician or licensed psychologist attending the patient deleted text end new text begin professional responsible for the
proposed patient's treatment new text end is of the opinion that the discontinuance of deleted text begin drugs, deleted text end medication deleted text begin , deleted text end
or other treatment is not in the best interest of the new text begin proposed new text end patient, the court, at the time of
the hearing, shall be presented a record of all deleted text begin drugs, deleted text end medication or other treatment which
the new text begin proposed new text end patient has received during the 48 hours immediately prior to the hearing.

(b) The court, on its own motion or on the motion of any party, may exclude or excuse
a proposed patient who is seriously disruptive or who is incapable of comprehending and
participating in the proceedings. In such instances, the court shall, with specificity on the
record, state the behavior of the proposed patient or other circumstances justifying proceeding
in the absence of the proposed patient.

Sec. 48.

Minnesota Statutes 2018, section 253B.08, subdivision 5a, is amended to read:

Subd. 5a.

Witnesses.

The proposed patient or the patient's counsel and the county attorney
may present and cross-examine witnesses, including new text begin court new text end examiners, at the hearing. The
court may in its discretion receive the testimony of any other person. Opinions of
deleted text begin court-appointed deleted text end new text begin court new text end examiners may not be admitted into evidence unless the new text begin court new text end examiner
is present to testify, except by agreement of the parties.

Sec. 49.

Minnesota Statutes 2018, section 253B.09, subdivision 1, is amended to read:

Subdivision 1.

Standard of proof.

(a) If the court finds by clear and convincing evidence
that the proposed patient is a person deleted text begin who is mentally ill, developmentally disabled, or
chemically dependent deleted text end new text begin who poses a risk of harm due to mental illness, or is a person who
has a developmental disability or chemical dependency, new text end and after careful consideration of
reasonable alternative dispositions deleted text begin , deleted text end including but not limited to deleted text begin , deleted text end dismissal of petition deleted text begin , deleted text end new text begin ; new text end
voluntary outpatient care deleted text begin , deleted text end new text begin ; new text end voluntary admission to a treatment facility, new text begin state-operated
treatment program, or community-based treatment program; new text end appointment of a guardian or
conservator deleted text begin , deleted text end new text begin ; new text end or release before commitment as provided for in subdivision 4, it finds that
there is no suitable alternative to judicial commitment, the court shall commit the patient
to the least restrictive treatment program or alternative programs which can meet the patient's
treatment needs consistent with section 253B.03, subdivision 7.

(b) In deciding on the least restrictive program, the court shall consider a range of
treatment alternatives including deleted text begin , deleted text end but not limited to deleted text begin , deleted text end community-based nonresidential
treatment, community residential treatment, partial hospitalization, acute care hospital,
new text begin assertive community treatment teams, new text end and deleted text begin regional deleted text end new text begin state-operated new text end treatment deleted text begin center services deleted text end new text begin
programs new text end . The court shall also consider the proposed patient's treatment preferences and
willingness to participate voluntarily in the treatment ordered. The court may not commit
a patient to a facility or program that is not capable of meeting the patient's needs.

new text begin (c) If, after careful consideration of reasonable alternative dispositions, the court finds
no suitable alternative to judicial commitment and the court finds that the least restrictive
alternative as determined in paragraph (a) is a treatment facility or community-based
treatment program that is less restrictive or more community based than a state-operated
treatment program, and there is a treatment facility or a community-based treatment program
willing to accept the civilly committed patient, the court may commit the patient to both
the treatment facility or community-based treatment program and to the commissioner, in
the event that treatment in a state-operated treatment program becomes the least restrictive
alternative. If there is a change in the patient's level of care, then:
new text end

new text begin (1) if the patient needs a higher level of care requiring admission to a state-operated
treatment program, custody of the patient and authority and responsibility for the commitment
may be transferred to the commissioner for as long as the patient needs a higher level of
care; and
new text end

new text begin (2) when the patient no longer needs treatment in a state-operated treatment program,
the program may provisionally discharge the patient to an appropriate placement or release
the patient to the treatment facility or community-based treatment program if the program
continues to be willing and able to readmit the patient, in which case the commitment, its
authority, and responsibilities revert to the non-state-operated treatment program. Both
agencies accepting commitment shall coordinate admission and discharge planning to
facilitate timely access to the other's services to meet the patient's needs and shall coordinate
treatment planning consistent with section 253B.03, subdivision 7.
new text end

deleted text begin (c) deleted text end new text begin (d) new text end If deleted text begin the commitment as mentally ill, chemically dependent, or developmentally
disabled is to a service facility provided by the commissioner of human services deleted text end new text begin a person
is committed to a state-operated treatment program as a person who poses a risk of harm
due to mental illness or as a person who has a developmental disability or chemical
dependency new text end , the court shall order the commitment to the commissioner. The commissioner
shall designate the placement of the person to the court.

deleted text begin (d) deleted text end new text begin (e) new text end If the court finds a proposed patient to be a person who deleted text begin is mentally ill deleted text end new text begin poses a
risk of harm due to mental illness new text end under section 253B.02, subdivision 13, deleted text begin paragraph (a), deleted text end
clause deleted text begin (2) or deleted text end (4), the court shall commit new text begin the patient new text end to a new text begin treatment facility or new text end community-based
new text begin treatment new text end program that meets the proposed patient's needs. deleted text begin For purposes of this paragraph,
a community-based program may include inpatient mental health services at a community
hospital.
deleted text end

Sec. 50.

Minnesota Statutes 2018, section 253B.09, subdivision 2, is amended to read:

Subd. 2.

Findings.

new text begin (a) new text end The court shall find the facts specifically, and separately state its
conclusions of law. Where commitment is ordered, the findings of fact and conclusions of
law shall specifically state the proposed patient's conduct which is a basis for determining
that each of the requisites for commitment is met.

new text begin (b) new text end If commitment is ordered, the findings shall also identify less restrictive alternatives
considered and rejected by the court and the reasons for rejecting each alternative.

new text begin (c) new text end If the proceedings are dismissed, the court may direct that the person be transported
back to a suitable location new text begin including to the person's home new text end .

Sec. 51.

Minnesota Statutes 2018, section 253B.09, subdivision 3a, is amended to read:

Subd. 3a.

Reporting judicial commitments; private treatment program or
facility.

Notwithstanding section 253B.23, subdivision 9, when a court commits a patient
to a new text begin non-state-operated new text end treatment new text begin facility or new text end program deleted text begin or facility other than a state-operated
program or facility deleted text end , the court shall report the commitment to the commissioner through the
supreme court information system for purposes of providing commitment information for
firearm background checks under section 245.041. new text begin If the patient is committed to a
state-operated treatment program, the court shall send a copy of the commitment order to
the commissioner.
new text end

Sec. 52.

Minnesota Statutes 2018, section 253B.09, subdivision 5, is amended to read:

Subd. 5.

Initial commitment period.

The initial commitment begins on the date that
the court issues its order or warrant under section 253B.10, subdivision 1. For deleted text begin persons deleted text end new text begin a
person new text end committed as deleted text begin mentally ill, developmentally disabled, deleted text end new text begin a person who poses a risk of
harm due to mental illness, a developmental disability, new text end or deleted text begin chemically dependent deleted text end new text begin chemical
dependency, new text end the initial commitment shall not exceed six months.

Sec. 53.

Minnesota Statutes 2018, section 253B.092, is amended to read:

253B.092 ADMINISTRATION OF NEUROLEPTIC MEDICATION.

Subdivision 1.

General.

Neuroleptic medications may be administered, only as provided
in this section, to patients subject to deleted text begin early intervention or deleted text end civil commitment deleted text begin as mentally ill,
mentally ill and dangerous, a sexually dangerous person, or a person with a sexual
psychopathic personality deleted text end new text begin under this chapter or chapter 253D new text end . For purposes of this section,
"patient" includes a proposed patient who is the subject of a petition for deleted text begin early intervention
or deleted text end commitment and a committed person as defined in section 253D.02, subdivision 4.

Subd. 2.

Administration without judicial review.

new text begin (a) new text end Neuroleptic medications may be
administered without judicial review in the following circumstances:

(1) the patient has the capacity to make an informed decision under subdivision 4;

(2) the patient does not have the present capacity to consent to the administration of
neuroleptic medication, but prepared new text begin a health care power of attorney, new text end a health care directive
under chapter 145C new text begin , new text end or a declaration under section 253B.03, subdivision 6d, requesting
treatment or authorizing an agent or proxy to request treatment, and the agent or proxy has
requested the treatment;

(3) the patient has been prescribed neuroleptic medication prior to admission to a
treatment facility, but lacks the new text begin present new text end capacity to consent to the administration of that
neuroleptic medication; continued administration of the medication is in the patient's best
interest; and the patient does not refuse administration of the medication. In this situation,
the previously prescribed neuroleptic medication may be continued for up to 14 days while
the treating deleted text begin physician deleted text end new text begin medical practitioner new text end :

(i) is obtaining a substitute decision-maker appointed by the court under subdivision 6;
or

(ii) is requesting new text begin a court order authorizing administering neuroleptic medication or new text end an
amendment to a current court order authorizing administration of neuroleptic medication;

(4) a substitute decision-maker appointed by the court consents to the administration of
the neuroleptic medication and the patient does not refuse administration of the medication;
or

(5) the substitute decision-maker does not consent or the patient is refusing medication,
and the patient is in an emergency situation.

new text begin (b) For the purposes of paragraph (a), clause (3), if a person requests a substitute
decision-maker or requests a court order administering neuroleptic medication within 14
days, the treating medical practitioner may continue administering the medication to the
patient through the hearing date or until the court otherwise issues an order.
new text end

Subd. 3.

Emergency administration.

A treating deleted text begin physician deleted text end new text begin medical practitioner new text end may
administer neuroleptic medication to a patient who does not have capacity to make a decision
regarding administration of the medication if the patient is in an emergency situation.
Medication may be administered for so long as the emergency continues to exist, up to 14
days, if the treating deleted text begin physician deleted text end new text begin medical practitioner new text end determines that the medication is necessary
to prevent serious, immediate physical harm to the patient or to others. If a request for
authorization to administer medication is made to the court within the 14 days, the treating
deleted text begin physician deleted text end new text begin medical practitioner new text end may continue the medication through the date of the first
court hearing, if the emergency continues to exist. If the request for authorization to
administer medication is made to the court in conjunction with a petition for commitment
deleted text begin or early intervention deleted text end and the court makes a determination at the preliminary hearing under
section 253B.07, subdivision 7, that there is sufficient cause to continue the deleted text begin physician's deleted text end new text begin
medical practitioner's new text end order until the hearing under section 253B.08, the treating deleted text begin physician deleted text end new text begin
medical practitioner new text end may continue the medication until that hearing, if the emergency
continues to exist. The treatment facility new text begin , state-operated treatment program, or
community-based treatment program new text end shall document the emergency in the patient's medical
record in specific behavioral terms.

Subd. 4.

Patients with capacity to make informed decision.

A patient who has the
capacity to make an informed decision regarding the administration of neuroleptic medication
may consent or refuse consent to administration of the medication. The informed consent
of a patient must be in writing.

Subd. 5.

Determination of capacity.

(a) new text begin There is a rebuttable presumption that new text end a patient
deleted text begin is presumed to have deleted text end new text begin has the new text end capacity to make decisions regarding administration of
neuroleptic medication.

(b) deleted text begin In determining deleted text end A deleted text begin person's deleted text end new text begin patient has the new text end capacity to make decisions regarding the
administration of neuroleptic medication deleted text begin , the court shall consider deleted text end new text begin if the patient new text end :

(1) deleted text begin whether the person demonstrates deleted text end new text begin has new text end an awareness of the nature of the deleted text begin person's deleted text end new text begin
patient's new text end situation, including the reasons for hospitalization, and the possible consequences
of refusing treatment with neuroleptic medications;

(2) deleted text begin whether the person demonstrates deleted text end new text begin has new text end an understanding of treatment with neuroleptic
medications and the risks, benefits, and alternatives; and

(3) deleted text begin whether the person deleted text end communicates verbally or nonverbally a clear choice regarding
treatment with neuroleptic medications that is a reasoned one not based on deleted text begin delusion deleted text end new text begin a
symptom of the patient's mental illness new text end , even though it may not be in the deleted text begin person's deleted text end new text begin patient's
new text end best interests.

new text begin (c) new text end Disagreement with the deleted text begin physician's deleted text end new text begin medical practitioner's new text end recommendation new text begin alone new text end is
not evidence of an unreasonable decision.

Subd. 6.

Patients without capacity to make informed decision; substitute
decision-maker.

(a) Upon request of any person, and upon a showing that administration
of neuroleptic medications may be recommended and that the deleted text begin person deleted text end new text begin patient new text end may lack
capacity to make decisions regarding the administration of neuroleptic medication, the court
shall appoint a substitute decision-maker with authority to consent to the administration of
neuroleptic medication as provided in this section. A hearing is not required for an
appointment under this paragraph. The substitute decision-maker must be an individual or
a community or institutional multidisciplinary panel designated by the local mental health
authority. In appointing a substitute decision-maker, the court shall give preference to a
guardian deleted text begin or conservator deleted text end , proxy, or health care agent with authority to make health care
decisions for the patient. The court may provide for the payment of a reasonable fee to the
substitute decision-maker for services under this section or may appoint a volunteer.

(b) If the deleted text begin person's treating physician deleted text end new text begin patient's treating medical practitioner new text end recommends
treatment with neuroleptic medication, the substitute decision-maker may give or withhold
consent to the administration of the medication, based on the standards under subdivision
7. If the substitute decision-maker gives informed consent to the treatment and the deleted text begin person deleted text end new text begin
patient new text end does not refuse, the substitute decision-maker shall provide written consent to the
treating deleted text begin physician deleted text end new text begin medical practitioner new text end and the medication may be administered. The
substitute decision-maker shall also notify the court that consent has been given. If the
substitute decision-maker refuses or withdraws consent or the deleted text begin person deleted text end new text begin patient new text end refuses the
medication, neuroleptic medication deleted text begin may deleted text end new text begin must new text end not be administered to the deleted text begin person without deleted text end new text begin
patient except with new text end a court order or in an emergency.

(c) A substitute decision-maker appointed under this section has access to the relevant
sections of the patient's health records on the past or present administration of medication.
The designated agency or a person involved in the patient's physical or mental health care
may disclose information to the substitute decision-maker for the sole purpose of performing
the responsibilities under this section. The substitute decision-maker may not disclose health
records obtained under this paragraph except to the extent necessary to carry out the duties
under this section.

(d) At a hearing under section 253B.08, the petitioner has the burden of proving incapacity
by a preponderance of the evidence. If a substitute decision-maker has been appointed by
the court, the court shall make findings regarding the patient's capacity to make decisions
regarding the administration of neuroleptic medications and affirm or reverse its appointment
of a substitute decision-maker. If the court affirms the appointment of the substitute
decision-maker, and if the substitute decision-maker has consented to the administration of
the medication and the patient has not refused, the court shall make findings that the substitute
decision-maker has consented and the treatment is authorized. If a substitute decision-maker
has not yet been appointed, upon request the court shall make findings regarding the patient's
capacity and appoint a substitute decision-maker if appropriate.

(e) If an order for civil commitment deleted text begin or early intervention deleted text end did not provide for the
appointment of a substitute decision-maker or for the administration of neuroleptic
medication, deleted text begin the deleted text end new text begin a new text end treatment facility new text begin , state-operated treatment program, or community-based
treatment program new text end may later request the appointment of a substitute decision-maker upon
a showing that administration of neuroleptic medications is recommended and that the
deleted text begin person deleted text end new text begin patient new text end lacks capacity to make decisions regarding the administration of neuroleptic
medications. A hearing is not required in order to administer the neuroleptic medication
unless requested under subdivision 10 or if the substitute decision-maker withholds or
refuses consent or the deleted text begin person deleted text end new text begin patient new text end refuses the medication.

(f) The substitute decision-maker's authority to consent to treatment lasts for the duration
of the court's order of appointment or until modified by the court.

deleted text begin If the substitute decision-maker withdraws consent or the patient refuses consent,
neuroleptic medication may not be administered without a court order.
deleted text end

(g) If there is no hearing after the preliminary hearing, then the court shall, upon the
request of any interested party, review the reasonableness of the substitute decision-maker's
decision based on the standards under subdivision 7. The court shall enter an order upholding
or reversing the decision within seven days.

Subd. 7.

When deleted text begin person deleted text end new text begin patient new text end lacks capacity to make decisions about medication.

(a)
When a deleted text begin person deleted text end new text begin patient new text end lacks capacity to make decisions regarding the administration of
neuroleptic medication, the substitute decision-maker or the court shall use the standards
in this subdivision in making a decision regarding administration of the medication.

(b) If the deleted text begin person deleted text end new text begin patient new text end clearly stated what the deleted text begin person deleted text end new text begin patient new text end would choose to do in this
situation when the deleted text begin person deleted text end new text begin patient new text end had the capacity to make a reasoned decision, the deleted text begin person's deleted text end new text begin
patient's new text end wishes must be followed. Evidence of the deleted text begin person's deleted text end new text begin patient's new text end wishes may include
written instruments, including a durable power of attorney for health care under chapter
145C or a declaration under section 253B.03, subdivision 6d.

(c) If evidence of the deleted text begin person's deleted text end new text begin patient's new text end wishes regarding the administration of neuroleptic
medications is conflicting or lacking, the decision must be based on what a reasonable
person would do, taking into consideration:

(1) the deleted text begin person's deleted text end new text begin patient's new text end family, community, moral, religious, and social values;

(2) the medical risks, benefits, and alternatives to the proposed treatment;

(3) past efficacy and any extenuating circumstances of past use of neuroleptic
medications; and

(4) any other relevant factors.

Subd. 8.

Procedure when patient refuses new text begin neuroleptic new text end medication.

(a) If the substitute
decision-maker or the patient refuses to consent to treatment with neuroleptic medications,
and absent an emergency as set forth in subdivision 3, neuroleptic medications may not be
administered without a court order. Upon receiving a written request for a hearing, the court
shall schedule the hearing within 14 days of the request. The matter may be heard as part
of any other district court proceeding under this chapter. By agreement of the parties or for
good cause shown, the court may extend the time of hearing an additional 30 days.

(b) The patient must be examined by a court examiner prior to the hearing. If the patient
refuses to participate in an examination, the new text begin court new text end examiner may rely on the patient's medical
records to reach an opinion as to the appropriateness of neuroleptic medication. The patient
is entitled to counsel and a second new text begin court new text end examiner, if requested by the patient or patient's
counsel.

(c) The court may base its decision on relevant and admissible evidence, including the
testimony of a treating deleted text begin physician deleted text end new text begin medical practitioner new text end or other qualified physician, a member
of the patient's treatment team, a deleted text begin court-appointed deleted text end new text begin court new text end examiner, witness testimony, or the
patient's medical records.

(d) If the court finds that the patient has the capacity to decide whether to take neuroleptic
medication or that the patient lacks capacity to decide and the standards for making a decision
to administer the medications under subdivision 7 are not met, the deleted text begin treating deleted text end new text begin treatment new text end facility new text begin ,
state-operated treatment program, or community-based treatment program new text end may not administer
medication without the patient's informed written consent or without the declaration of an
emergency, or until further review by the court.

(e) If the court finds that the patient lacks capacity to decide whether to take neuroleptic
medication and has applied the standards set forth in subdivision 7, the court may authorize
the deleted text begin treating deleted text end new text begin treatment new text end facility new text begin , state-operated treatment program, or community-based
treatment program new text end and any other deleted text begin community or treatment deleted text end facility new text begin or program new text end to which the
patient may be transferred or provisionally discharged, to involuntarily administer the
medication to the patient. A copy of the order must be given to the patient, the patient's
attorney, the county attorney, and the treatment facility new text begin , state-operated treatment program,
or community-based treatment program new text end . The treatment facility new text begin , state-operated treatment
program, or community-based treatment program new text end may not begin administration of the
neuroleptic medication until it notifies the patient of the court's order authorizing the
treatment.

(f) A finding of lack of capacity under this section must not be construed to determine
the patient's competence for any other purpose.

(g) The court may authorize the administration of neuroleptic medication until the
termination of a determinate commitment. If the patient is committed for an indeterminate
period, the court may authorize treatment deleted text begin of neuroleptic deleted text end new text begin with neuroleptic new text end medication for
not more than two years, subject to the patient's right to petition the court for review of the
order. The treatment facility new text begin , state-operated treatment program, or community-based treatment
program new text end must submit annual reports to the court, which shall provide copies to the patient
and the respective attorneys.

(h) The court may limit the maximum dosage of neuroleptic medication that may be
administered.

(i) If physical force is required to administer the neuroleptic medication, new text begin the facility or
program may only use injectable medications. If physical new text end force new text begin is needed to administer the
medication, medication new text end may only deleted text begin take place deleted text end new text begin be administered new text end in a deleted text begin treatment facility or
therapeutic deleted text end setting where the person's condition can be reassessed and deleted text begin appropriate deleted text end medical
deleted text begin staff deleted text end new text begin personnel qualified to administer medication new text end are available new text begin , including in the community,
a county jail, or a correctional facility. The facility or program may not use a nasogastric
tube to administer neuroleptic medication involuntarily new text end .

Subd. 9.

Immunity.

A substitute decision-maker who consents to treatment is not civilly
or criminally liable for the performance of or the manner of performing the treatment. A
person is not liable for performing treatment without consent if the substitute decision-maker
has given written consent. This provision does not affect any other liability that may result
from the manner in which the treatment is performed.

Subd. 10.

Review.

A patient or other person may petition the court under section 253B.17
for review of any determination under this section or for a decision regarding the
administration of neuroleptic medications, appointment of a substitute decision-maker, or
the patient's capacity to make decisions regarding administration of neuroleptic medications.

Sec. 54.

Minnesota Statutes 2018, section 253B.0921, is amended to read:

253B.0921 ACCESS TO MEDICAL RECORDS.

A treating deleted text begin physician deleted text end new text begin medical practitioner new text end who makes medical decisions regarding the
prescription and administration of medication for treatment of a mental illness has access
to the relevant sections of a patient's health records on past administration of medication at
any deleted text begin treatment deleted text end facility new text begin , program, or treatment provider new text end , if the patient lacks the capacity to
authorize the release of records. Upon request of a treating deleted text begin physician deleted text end new text begin medical practitioner new text end
under this section, a deleted text begin treatment deleted text end facility new text begin , program, or treatment provider new text end shall supply complete
information relating to the past records on administration of medication of a patient subject
to this chapter. A patient who has the capacity to authorize the release of data retains the
right to make decisions regarding access to medical records as provided by sections 144.291
to 144.298.

Sec. 55.

Minnesota Statutes 2018, section 253B.095, subdivision 3, is amended to read:

Subd. 3.

Duration.

The maximum duration of a stayed order under this section is six
months. The court may continue the order for a maximum of an additional 12 months if,
after notice and hearing, under sections 253B.08 and 253B.09 the court finds that (1) the
person continues to deleted text begin be mentally ill, chemically dependent, or developmentally disabled, deleted text end new text begin
have a mental illness, developmental disability, or chemical dependency, new text end and (2) an order
is needed deleted text begin to protect the patient or others deleted text end new text begin because the person is likely to attempt to physically
harm self or others or fail to obtain necessary food, clothing, shelter, or medical care unless
the person is under the supervision of a stayed commitment new text end .

Sec. 56.

Minnesota Statutes 2018, section 253B.097, subdivision 1, is amended to read:

Subdivision 1.

Findings.

In addition to the findings required under section 253B.09,
subdivision 2, an order committing a person to new text begin a new text end community-based treatment new text begin program new text end must
include:

(1) a written plan for services to the patient;

(2) a finding that the proposed treatment is available and accessible to the patient and
that public or private financial resources are available to pay for the proposed treatment;

(3) conditions the patient must meet in order to obtain an early release from commitment
or to avoid a hearing for further commitment; and

(4) consequences of the patient's failure to follow the commitment order. Consequences
may include commitment to another setting for treatment.

Sec. 57.

Minnesota Statutes 2018, section 253B.097, subdivision 2, is amended to read:

Subd. 2.

Case manager.

When a court commits a patient with mental illness to new text begin a
new text end community-based treatment new text begin program new text end , the court shall appoint a case manager from the county
agency or other entity under contract with the county agency to provide case management
services.

Sec. 58.

Minnesota Statutes 2018, section 253B.097, subdivision 3, is amended to read:

Subd. 3.

Reports.

The case manager shall report to the court at least once every 90 days.
The case manager shall immediately report new text begin to the court new text end a substantial failure of the patient
or provider to comply with the conditions of the commitment.

Sec. 59.

Minnesota Statutes 2018, section 253B.097, subdivision 6, is amended to read:

Subd. 6.

Immunity from liability.

No new text begin treatment new text end facility new text begin , community-based treatment
program, new text end or person is financially liable, personally or otherwise, for new text begin the patient's new text end actions deleted text begin of
the patient deleted text end if the facility or person follows accepted community standards of professional
practice in the management, supervision, and treatment of the patient. For purposes of this
subdivision, "person" means official, staff, employee of the new text begin treatment new text end facility new text begin ,
community-based treatment program new text end , physician, or other individual who is responsible for
deleted text begin the deleted text end new text begin a patient's new text end management, supervision, or treatment deleted text begin of a patient's community-based
treatment deleted text end under this section.

Sec. 60.

Minnesota Statutes 2018, section 253B.10, is amended to read:

253B.10 PROCEDURES UPON COMMITMENT.

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 new text begin , state-operated treatment program, or community-based treatment
program new text end . The warrant or order shall state that the patient meets the statutory criteria for
civil commitment.

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

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

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

(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 deleted text begin state hospital or other facility deleted text end new text begin state-operated treatment program new text end pending
completion of the civil commitment proceedings; or

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

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

(c) Upon the arrival of a patient at the designated treatment facility new text begin , state-operated
treatment program, or community-based treatment program new text end , the head of the facility new text begin or
program new text end 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 deleted text begin treatment deleted text end facility new text begin or program new text end .

(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 new text begin court new text end examiners, and the
prepetition report, and any medical and behavioral information available shall be provided
at the time of admission of a patient to the designated treatment facility new text begin or program to which
the patient is committed new text end . deleted text begin This information shall also be provided by the head of the treatment
facility to treatment facility staff in a consistent and timely manner and pursuant to all
applicable laws. deleted text end new text begin Upon a patient's referral to the commissioner of human services for
admission pursuant to subdivision 1, paragraph (b), any inpatient hospital, treatment facility,
jail, or correctional facility that has provided care or supervision to the patient in the previous
two years shall, when requested by the treatment facility or commissioner, provide copies
of the patient's medical and behavioral records to the Department of Human Services for
purposes of preadmission planning. This information shall be provided by the head of the
treatment facility to treatment facility staff in a consistent and timely manner and pursuant
to all applicable laws.
new text end

Subd. 2.

Transportation.

new text begin (a) new text end When a patient is about to be placed in a treatment facility new text begin ,
state-operated treatment program, or community-based treatment program new text end , the court may
order the designated agency, the treatment facility new text begin , state-operated treatment program, or
community-based treatment program new text end , or any responsible adult to transport the patient deleted text begin to
the treatment facility deleted text end . new text begin A protected transport provider may transport the patient according to
section 256B.0625, subdivision 17. new text end Whenever possible, a peace officer who provides the
transportation shall not be in uniform and shall not use a vehicle visibly marked as a deleted text begin police deleted text end new text begin
law enforcement new text end vehicle. The proposed patient may be accompanied by one or more
interested persons.

new text begin (b) new text end When a patient who is at a deleted text begin regional deleted text end new text begin state-operated new text end treatment deleted text begin center deleted text end new text begin program new text end requests
a hearing for adjudication of a patient's status pursuant to section 253B.17, the commissioner
shall provide transportation.

Subd. 3.

Notice of admission.

Whenever a committed person has been admitted to a
treatment facility new text begin , state-operated treatment program, or community-based treatment program new text end
under the provisions of section 253B.09 or 253B.18, the head of the deleted text begin treatment deleted text end facility new text begin or
program new text end shall immediately notify the patient's spouse, health care agent, or parent and the
county of financial responsibility if the county may be liable for a portion of the cost of
treatment. If the committed person was admitted upon the petition of a spouse, health care
agent, or parent new text begin , new text end the head of the treatment facility new text begin , state-operated treatment program, or
community-based treatment program new text end shall notify an interested person other than the
petitioner.

new text begin Subd. 3a. new text end

new text begin Interim custody and treatment of committed person. new text end

new text begin When the patient is
present in a treatment facility or state-operated treatment program at the time of the court's
commitment order, unless the court orders otherwise, the commitment order constitutes
authority for that facility or program to confine and provide treatment to the patient until
the patient is transferred to the facility or program to which the patient has been committed.
new text end

Subd. 4.

Private treatment.

Patients or other responsible persons are required to pay
the necessary charges for patients committed or transferred to deleted text begin private deleted text end treatment facilities new text begin
or community-based treatment programs new text end . deleted text begin Private deleted text end Treatment facilities new text begin or community-based
treatment programs new text end may not refuse to accept a committed person solely based on the person's
court-ordered status. Insurers must provide treatment and services as ordered by the court
under section 253B.045, subdivision 6, or as required under chapter 62M.

Subd. 5.

Transfer to voluntary status.

At any time prior to the expiration of the initial
commitment period, a patient who has not been committed as deleted text begin mentally ill deleted text end new text begin a person who has
a mental illness new text end and new text begin is new text end dangerous to the public or deleted text begin as deleted text end a sexually dangerous person or deleted text begin as deleted text end a
sexual psychopathic personality may be transferred to voluntary status upon the patient's
application in writing with the consent of the head of the facility new text begin or program to which the
person is committed new text end . Upon transfer, the head of the treatment facility new text begin , state-operated treatment
program, or community-based treatment program new text end shall immediately notify the court in
writing and the court shall terminate the proceedings.

Sec. 61.

Minnesota Statutes 2018, section 253B.12, subdivision 1, is amended to read:

Subdivision 1.

Reports.

(a) If a patient who was committed as a person deleted text begin who is mentally
ill, developmentally disabled, or chemically dependent deleted text end new text begin who poses a risk of harm due to a
mental illness, or as a person who has a developmental disability or chemical dependency,
new text end is discharged from commitment within the first 60 days after the date of the initial
commitment order, the head of the treatment facility new text begin , state-operated treatment program, or
community-based treatment program new text end shall file a written report with the committing court
describing the patient's need for further treatment. A copy of the report must be provided
to the county attorney, the patient, and the patient's counsel.

(b) If a patient who was committed as a person deleted text begin who is mentally ill, developmentally
disabled, or chemically dependent deleted text end new text begin who poses a risk of harm due to a mental illness, or as a
person who has a developmental disability or chemical dependency, new text end remains in treatment
more than 60 days after the date of the commitment, then at least 60 days, but not more than
90 days, after the date of the order, the head of the facility new text begin or program new text end that has custody of
the patient shall file a written report with the committing court and provide a copy to the
county attorney, the patient, and the patient's counsel. The report must set forth in detailed
narrative form at least the following:

(1) the diagnosis of the patient with the supporting data;

(2) the anticipated discharge date;

(3) an individualized treatment plan;

(4) a detailed description of the discharge planning process with suggested after care
plan;

(5) whether the patient is in need of further care and treatment, the treatment facility
deleted text begin which deleted text end new text begin , state-operated treatment program, or community-based treatment program that new text end is
needed, and evidence to support the response;

(6) whether the patient satisfies the statutory requirement for continued commitment deleted text begin to
a treatment facility, deleted text end with documentation to support the opinion; deleted text begin and
deleted text end

new text begin (7) a statement from the patient related to accepting treatment, if possible; and
new text end

deleted text begin (7) deleted text end new text begin (8) new text end whether the administration of neuroleptic medication is clinically indicated,
whether the patient is able to give informed consent to that medication, and the basis for
these opinions.

(c) Prior to the termination of the initial commitment order or final discharge of the
patient, the head of the deleted text begin treatment deleted text end facility new text begin or program new text end that has custody or care of the patient
shall file a written report with the committing court with a copy to the county attorney, the
patient, and the patient's counsel that sets forth the information required in paragraph (b).

(d) If the patient has been provisionally discharged from a deleted text begin treatment deleted text end facility new text begin or program new text end ,
the report shall be filed by the designated agency, which may submit the discharge report
as part of its report.

(e) deleted text begin If no written report is filed within the required time, or deleted text end If a report describes the patient
as not in need of further deleted text begin institutional care and deleted text end new text begin court-ordered new text end treatment, the proceedings must
be terminated by the committing court and the patient discharged from the treatment facility new text begin ,
state-operated treatment program, or community-based treatment program, unless the patient
chooses to voluntarily receive services new text end .

new text begin (f) If no written report is filed within the required time, the court must notify the county,
facility or program to which the person is committed, and designated agency and require a
report be filed within five business days. If a report is not filed within five business days a
hearing must be held within three business days.
new text end

Sec. 62.

Minnesota Statutes 2018, section 253B.12, subdivision 3, is amended to read:

Subd. 3.

Examination.

Prior to the review hearing, the court shall inform the patient of
the right to an independent examination by deleted text begin an deleted text end new text begin a court new text end examiner chosen by the patient and
appointed in accordance with provisions of section 253B.07, subdivision 3. The report of
the new text begin court new text end examiner may be submitted at the hearing.

Sec. 63.

Minnesota Statutes 2018, section 253B.12, subdivision 4, is amended to read:

Subd. 4.

Hearing; standard of proof.

new text begin (a) new text end The committing court shall not make a final
determination of the need to continue commitment unless the court finds by clear and
convincing evidence that (1) the deleted text begin person deleted text end new text begin patient new text end continues to deleted text begin be mentally ill, developmentally
disabled, or chemically dependent deleted text end new text begin have a mental illness, developmental disability, or chemical
dependency new text end ; (2) involuntary commitment is necessary for the protection of the patient or
others; and (3) there is no alternative to involuntary commitment.

new text begin (b) new text end In determining whether a deleted text begin person deleted text end new text begin patient new text end continues to deleted text begin be mentally ill, chemically
dependent, or developmentally disabled, deleted text end new text begin require commitment due to mental illness,
developmental disability, or chemical dependency, new text end the court need not find that there has
been a recent attempt or threat to physically harm self or others, or a recent failure to provide
necessary deleted text begin personal deleted text end food, clothing, shelter, or medical care. Instead, the court must find that
the patient is likely to attempt to physically harm self or others, or to fail to deleted text begin provide deleted text end new text begin obtain new text end
necessary deleted text begin personal deleted text end food, clothing, shelter, or medical care unless involuntary commitment
is continued.

Sec. 64.

Minnesota Statutes 2018, section 253B.12, subdivision 7, is amended to read:

Subd. 7.

Record required.

Where continued commitment is ordered, the findings of
fact and conclusions of law shall specifically state the conduct of the proposed patient which
is the basis for the final determination, that the statutory criteria of commitment continue
to be met, and that less restrictive alternatives have been considered and rejected by the
court. Reasons for rejecting each alternative shall be stated. A copy of the final order for
continued commitment shall be forwarded to the head of the deleted text begin treatment deleted text end facility new text begin or program
to which the person is committed and, if the patient has been provisionally discharged, to
the designated agency responsible for monitoring the provisional discharge new text end .

Sec. 65.

Minnesota Statutes 2018, section 253B.13, subdivision 1, is amended to read:

Subdivision 1.

deleted text begin Mentally ill or chemically dependent deleted text end Persons new text begin with mental illness or
chemical dependency new text end .

new text begin (a) new text end If at the conclusion of a review hearing the court finds that the
person continues to deleted text begin be mentally ill or chemically dependent deleted text end new text begin have mental illness or chemical
dependency new text end and deleted text begin in deleted text end need deleted text begin of deleted text end treatment or supervision, the court shall determine the length of
continued commitment. No period of commitment shall exceed this length of time or 12
months, whichever is less.

new text begin (b) new text end At the conclusion of the prescribed period new text begin under paragraph (a) new text end , commitment may
not be continued unless a new petition is filed pursuant to section 253B.07 and hearing and
determination made on it. new text begin If the petition was filed before the end of the previous commitment
and, for good cause shown, the court has not completed the hearing and the determination
by the end of the commitment period, the court may for good cause extend the previous
commitment for up to 14 days to allow the completion of the hearing and the issuance of
the determination. The standard of proof for the new petition is the standard specified in
section 253B.12, subdivision 4. new text end Notwithstanding the provisions of section 253B.09,
subdivision 5, the initial commitment period under the new petition shall be the probable
length of commitment necessary or 12 months, whichever is less. deleted text begin The standard of proof at
the hearing on the new petition shall be the standard specified in section 253B.12, subdivision
4.
deleted text end

Sec. 66.

Minnesota Statutes 2018, section 253B.14, is amended to read:

253B.14 TRANSFER OF COMMITTED PERSONS.

The commissioner may transfer any committed person, other than a person committed
as deleted text begin mentally ill and deleted text end new text begin a person who has a mental illness and is new text end dangerous to the public, deleted text begin or as deleted text end
a sexually dangerous person or deleted text begin as deleted text end a sexual psychopathic personality, from one deleted text begin regional deleted text end new text begin
state-operated new text end treatment deleted text begin center deleted text end new text begin program new text end to any other new text begin state-operated new text end treatment deleted text begin facility under
the commissioner's jurisdiction which is deleted text end new text begin program new text end capable of providing proper care and
treatment. When a committed person is transferred from one new text begin state-operated new text end treatment deleted text begin facility deleted text end
new text begin program new text end to another, written notice shall be given to the committing court, the county attorney,
the patient's counsel, and to the person's parent, health care agent, or spouse or, if none is
known, to an interested person, and the designated agency.

Sec. 67.

Minnesota Statutes 2018, section 253B.141, is amended to read:

253B.141 AUTHORITY TO DETAIN AND TRANSPORT A MISSING PATIENT.

Subdivision 1.

Report of absence.

(a) If a patient committed under this chapter or
detained new text begin in a treatment facility or state-operated treatment program new text end under a judicial hold is
absent without authorization, and either: (1) does not return voluntarily within 72 hours of
the time the unauthorized absence began; or (2) is considered by the head of the deleted text begin treatment deleted text end
facility new text begin or program new text end to be a danger to self or others, then the head of the deleted text begin treatment deleted text end facility new text begin
or program new text end shall report the absence to the local law enforcement agency. The head of the
deleted text begin treatment deleted text end facility new text begin or program new text end shall also notify the committing court that the patient is absent
and that the absence has been reported to the local law enforcement agency. The committing
court may issue an order directing the law enforcement agency to transport the patient to
an appropriate new text begin treatment new text end facility new text begin , state-operated treatment program, or community-based
treatment program new text end .

(b) Upon receiving a report that a patient subject to this section is absent without
authorization, the local law enforcement agency shall enter information on the patient into
the missing persons file of the National Crime Information Center computer according to
the missing persons practices.

Subd. 2.

Apprehension; return to facility new text begin or program new text end .

(a) Upon receiving the report
of absence from the head of the treatment facility new text begin , state-operated treatment program, or
community-based treatment program new text end or the committing court, a patient may be apprehended
and held by a peace officer in any jurisdiction pending return to the facility new text begin or program new text end from
which the patient is absent without authorization. A patient may also be returned to any
deleted text begin facility operated by the commissioner deleted text end new text begin state-operated treatment program or any other treatment
facility or community-based treatment program willing to accept the person new text end . A person who
deleted text begin is mentally ill deleted text end new text begin has a mental illness new text end and new text begin is new text end dangerous new text begin to the public new text end and detained under this
subdivision may be held in a jail or lockup only if:

(1) there is no other feasible place of detention for the patient;

(2) the detention is for less than 24 hours; and

(3) there are protections in place, including segregation of the patient, to ensure the
safety of the patient.

(b) If a patient is detained under this subdivision, the head of the deleted text begin treatment deleted text end facility new text begin or
program new text end from which the patient is absent shall arrange to pick up the patient within 24 hours
of the time detention was begun and shall be responsible for securing transportation for the
patient to the facility new text begin or program new text end . The expense of detaining and transporting a patient shall
be the responsibility of the deleted text begin treatment deleted text end facility new text begin or program new text end from which the patient is absent.
The expense of detaining and transporting a patient to a new text begin state-operated new text end treatment deleted text begin facility
operated by the Department of Human Services deleted text end new text begin program new text end shall be paid by the commissioner
unless paid by the patient or persons on behalf of the patient.

Subd. 3.

Notice of apprehension.

Immediately after an absent patient is located, the
head of the deleted text begin treatment deleted text end facility new text begin or program new text end from which the patient is absent, or the law
enforcement agency that located or returned the absent patient, shall notify the law
enforcement agency that first received the absent patient report under this section and that
agency shall cancel the missing persons entry from the National Crime Information Center
computer.

Sec. 68.

Minnesota Statutes 2018, section 253B.15, subdivision 1, is amended to read:

Subdivision 1.

Provisional discharge.

new text begin (a) new text end The head of the treatment facility new text begin ,
state-operated treatment program, or community-based treatment program new text end may provisionally
discharge any patient without discharging the commitment, unless the patient was found
by the committing court to be a person who deleted text begin is mentally ill and deleted text end new text begin has a mental illness and is new text end
dangerous to the public, deleted text begin or deleted text end a sexually dangerous person new text begin , new text end or a sexual psychopathic personality.

new text begin (b) When a patient committed to the commissioner becomes ready for provisional
discharge before being placed in a state-operated treatment program, the head of the treatment
facility or community-based treatment program where the patient is placed pending transfer
to the commissioner may provisionally discharge the patient pursuant to this subdivision.
new text end

new text begin (c) new text end Each patient released on provisional discharge shall have a written deleted text begin aftercare deleted text end new text begin
provisional discharge new text end plan developed new text begin with input from the patient and the designated agency
new text end which specifies the services and treatment to be provided as part of the deleted text begin aftercare deleted text end new text begin provisional
discharge new text end plan, the financial resources available to pay for the services specified, the expected
period of provisional discharge, the precise goals for the granting of a final discharge, and
conditions or restrictions on the patient during the period of the provisional discharge. The
deleted text begin aftercare deleted text end new text begin provisional discharge new text end plan shall be provided to the patient, the patient's attorney,
and the designated agency.

new text begin (d) new text end The deleted text begin aftercare deleted text end new text begin provisional discharge new text end plan shall be reviewed on a quarterly basis by
the patient, designated agency and other appropriate persons. The deleted text begin aftercare deleted text end new text begin provisional
discharge new text end plan shall contain the grounds upon which a provisional discharge may be revoked.
The provisional discharge shall terminate on the date specified in the plan unless specific
action is taken to revoke or extend it.

Sec. 69.

Minnesota Statutes 2018, section 253B.15, subdivision 1a, is amended to read:

Subd. 1a.

Representative of designated agency.

Before a provisional discharge is
granted, a representative of the designated agency must be identified to ensure continuity
of care by being involved with the treatment facility new text begin , state-operated treatment program, or
community-based treatment program new text end and the patient prior to the provisional discharge. The
representative of the designated agency shall coordinate plans for and monitor the patient's
aftercare program. When the patient is on a provisional discharge, the representative of the
designated agency shall provide the treatment report to the court required under section
253B.12, subdivision 1.

Sec. 70.

Minnesota Statutes 2018, section 253B.15, subdivision 2, is amended to read:

Subd. 2.

Revocation of provisional discharge.

new text begin (a) new text end The designated agency may deleted text begin revoke deleted text end new text begin
initiate with the court a revocation of new text end a provisional discharge if new text begin revocation is the least
restrictive alternative and either new text end :

(1) the patient has violated material conditions of the provisional discharge, and the
violation creates the need to return the patient to a more restrictive setting new text begin or more intensive
community services new text end ; or

(2) there exists a serious likelihood that the safety of the patient or others will be
jeopardized, in that either the patient's need for food, clothing, shelter, or medical care are
not being met, or will not be met in the near future, or the patient has attempted or threatened
to seriously physically harm self or others deleted text begin ; and deleted text end new text begin .
new text end

deleted text begin (3) revocation is the least restrictive alternative available.
deleted text end

new text begin (b) new text end Any interested person may request that the designated agency revoke the patient's
provisional discharge. Any person making a request shall provide the designated agency
with a written report setting forth the specific facts, including witnesses, dates and locations,
supporting a revocation, demonstrating that every effort has been made to avoid revocation
and that revocation is the least restrictive alternative available.

Sec. 71.

Minnesota Statutes 2018, section 253B.15, subdivision 3, is amended to read:

Subd. 3.

Procedure; notice.

Revocation shall be commenced by the designated agency's
written notice of intent to revoke provisional discharge given or sent to the patient, the
patient's attorney, deleted text begin and deleted text end the deleted text begin treatment deleted text end facility new text begin or program from which the patient was
provisionally discharged, and the current community services provider new text end . The notice shall set
forth the grounds upon which the intention to revoke is based, and shall inform the patient
of the rights of a patient under this chapter.

Sec. 72.

Minnesota Statutes 2018, section 253B.15, subdivision 3a, is amended to read:

Subd. 3a.

Report to the court.

Within 48 hours, excluding weekends and new text begin legal new text end holidays,
of giving notice to the patient, the designated agency shall file with the court a copy of the
notice and a report setting forth the specific facts, including witnesses, dates and locations,
which (1) support revocation, (2) demonstrate that revocation is the least restrictive alternative
available, and (3) show that specific efforts were made to avoid revocation. The designated
agency shall provide copies of the report to the patient, the patient's attorney, the county
attorney, and the treatment facility new text begin or program from which the patient was provisionally
discharged new text end within 48 hours of giving notice to the patient under subdivision 3.

Sec. 73.

Minnesota Statutes 2018, section 253B.15, subdivision 3b, is amended to read:

Subd. 3b.

Review.

The patient or patient's attorney may request judicial review of the
intended revocation by filing a petition for review and an affidavit with the committing
court. The affidavit shall state specific grounds for opposing the revocation. If the patient
does not file a petition for review within five days of receiving the notice under subdivision
3, revocation of the provisional discharge is final and the court, without hearing, may order
the patient into a deleted text begin treatment deleted text end facility new text begin or program from which the patient was provisionally
discharged, another treatment facility, state-operated treatment program, or community-based
treatment program that consents to receive the patient, or more intensive community
treatment new text end . If the patient files a petition for review, the court shall review the petition and
determine whether a genuine issue exists as to the propriety of the revocation. The burden
of proof is on the designated agency to show that no genuine issue exists as to the propriety
of the revocation. If the court finds that no genuine issue exists as to the propriety of the
revocation, the revocation of the provisional discharge is final.

Sec. 74.

Minnesota Statutes 2018, section 253B.15, subdivision 3c, is amended to read:

Subd. 3c.

Hearing.

new text begin (a) new text end If the court finds under subdivision 3b that a genuine issue exists
as to the propriety of the revocation, the court shall hold a hearing on the petition within
three days after the patient files the petition. The court may continue the review hearing for
an additional five days upon any party's showing of good cause. At the hearing, the burden
of proof is on the designated agency to show a factual basis for the revocation. At the
conclusion of the hearing, the court shall make specific findings of fact. The court shall
affirm the revocation if it finds:

(1) a factual basis for revocation due to:

(i) a violation of the material conditions of the provisional discharge that creates a need
for the patient to return to a more restrictive setting new text begin or more intensive community services new text end ;
or

(ii) a probable danger of harm to the patient or others if the provisional discharge is not
revoked; and

(2) that revocation is the least restrictive alternative available.

new text begin (b) new text end If the court does not affirm the revocation, the court shall order the patient returned
to provisional discharge status.

Sec. 75.

Minnesota Statutes 2018, section 253B.15, subdivision 5, is amended to read:

Subd. 5.

Return to facility.

When the designated agency gives or sends notice of the
intent to revoke a patient's provisional discharge, it may also apply to the committing court
for an order directing that the patient be returned to deleted text begin a deleted text end new text begin the new text end facility new text begin or program from which
the patient was provisionally discharged or another treatment facility, state-operated treatment
program, or community-based treatment program that consents to receive the patient new text end . The
court may order the patient returned to a facility new text begin or program new text end prior to a review hearing only
upon finding that immediate return deleted text begin to a facility deleted text end is necessary because there is a serious
likelihood that the safety of the patient or others will be jeopardized, in that (1) the patient's
need for food, clothing, shelter, or medical care is not being met, or will not be met in the
near future, or (2) the patient has attempted or threatened to seriously harm self or others.
If a voluntary return is not arranged, the head of the treatment facility new text begin , state-operated
treatment program, or community-based treatment program new text end may request a health officer or
a peace officer to return the patient to the deleted text begin treatment deleted text end facility new text begin or program new text end from which the
patient was released or to any other treatment facility deleted text begin which deleted text end new text begin , state-operated treatment
program, or community-based treatment program that new text end consents to receive the patient. If
necessary, the head of the treatment facility new text begin , state-operated treatment program, or
community-based treatment program new text end may request the committing court to direct a health
new text begin officer new text end or peace officer in the county where the patient is located to return the patient to the
deleted text begin treatment deleted text end facility new text begin or program new text end or to another treatment facility deleted text begin which deleted text end new text begin , state-operated treatment
program, or community-based treatment program that new text end consents to receive the patient. The
expense of returning the patient to a deleted text begin regional deleted text end new text begin state-operated new text end treatment deleted text begin center deleted text end new text begin program new text end shall
be paid by the commissioner unless paid by the patient or the patient's relatives. If the court
orders the patient to return to the deleted text begin treatment deleted text end facility new text begin or program new text end , or if a health new text begin officer new text end or peace
officer returns the patient to the deleted text begin treatment deleted text end facility new text begin or program new text end , and the patient wants judicial
review of the revocation, the patient or the patient's attorney must file the petition for review
and affidavit required under subdivision 3b within 14 days of receipt of the notice of the
intent to revoke.

Sec. 76.

Minnesota Statutes 2018, section 253B.15, subdivision 7, is amended to read:

Subd. 7.

Modification and extension of provisional discharge.

(a) A provisional
discharge may be modified upon agreement of the parties.

(b) A provisional discharge may be extended only in those circumstances where the
patient has not achieved the goals set forth in the provisional discharge plan or continues
to need the supervision or assistance provided by an extension of the provisional discharge.
In determining whether the provisional discharge is to be extended, the deleted text begin head of the facility deleted text end new text begin
designated agency new text end shall consider the willingness and ability of the patient to voluntarily
obtain needed care and treatment.

deleted text begin (c) The designated agency shall recommend extension of a provisional discharge only
after a preliminary conference with the patient and other appropriate persons. The patient
shall be given the opportunity to object or make suggestions for alternatives to extension.
deleted text end

deleted text begin (d) deleted text end new text begin (c) new text end new text begin The designated agency must provide new text end any deleted text begin recommendation for deleted text end new text begin proposed new text end extension
deleted text begin shall be made deleted text end in writing deleted text begin to the head of the facility and deleted text end to the patient new text begin and the patient's attorney
new text end at least 30 days prior to the expiration of the provisional discharge new text begin unless the patient cannot
be located or is unavailable to receive the notice new text end . The deleted text begin written recommendation submitted deleted text end new text begin
proposal for extension new text end shall include: the specific grounds for deleted text begin recommending deleted text end new text begin proposing new text end the
extension, deleted text begin the date of the preliminary conference and results, deleted text end the anniversary date of the
provisional discharge, the termination date of the provisional discharge, and the proposed
length of extension. If the grounds for deleted text begin recommending deleted text end new text begin proposing new text end the extension occur less
than 30 days before its expiration, the new text begin designated agency must submit the new text end written
deleted text begin recommendation shall occur deleted text end new text begin proposal for extension new text end as soon as practicable.

deleted text begin (e) The head of the facility deleted text end new text begin (d) The designated agency shall extend a provisional discharge
only after providing the patient an opportunity for a meeting to object or make suggestions
for alternatives to an extension. The designated agency new text end shall deleted text begin issue deleted text end new text begin provide new text end a written decision
new text begin to the patient and the patient's attorney new text end regarding extension within five days after receiving
deleted text begin the recommendation from the designated agency deleted text end new text begin the patient's input or after holding a meeting
with the patient or after the patient has declined to provide input or participate in the meeting.
The designated agency may seek input from the community-based treatment team or other
persons the patient chooses new text end .

Sec. 77.

Minnesota Statutes 2018, section 253B.15, is amended by adding a subdivision
to read:

new text begin Subd. 8a. new text end

new text begin Provisional discharge extension. new text end

new text begin If the provisional discharge extends until
the end of the period of commitment and, before the commitment expires, the court extends
the commitment under section 253B.12 or issues a new commitment order under section
253B.13, the provisional discharge shall continue for the duration of the new or extended
period of commitment ordered unless the commitment order provides otherwise or the
designated agency revokes the patient's provisional discharge pursuant to this section. To
continue the patient's provisional discharge under this subdivision, the designated agency
is not required to comply with the procedures in subdivision 7.
new text end

Sec. 78.

Minnesota Statutes 2018, section 253B.15, subdivision 9, is amended to read:

Subd. 9.

Expiration of provisional discharge.

new text begin (a) new text end Except as otherwise provided, a
provisional discharge is absolute when it expires. If, while on provisional discharge or
extended provisional discharge, a patient is discharged as provided in section 253B.16, the
discharge shall be absolute.

new text begin (b) The designated agency shall give new text end notice of the expiration of the provisional discharge
deleted text begin shall be given by the head of the treatment facility deleted text end to the committing court; the petitioner,
if known; the patient's attorney; the county attorney in the county of commitment; deleted text begin the
commissioner; deleted text end and the deleted text begin designated agency deleted text end new text begin facility or program that provisionally discharged
the patient new text end .

Sec. 79.

Minnesota Statutes 2018, section 253B.15, subdivision 10, is amended to read:

Subd. 10.

Voluntary return.

new text begin (a) new text end With the consent of the head of the treatment facility new text begin
or state-operated treatment program new text end , a patient may voluntarily return to inpatient status deleted text begin at
the treatment facility deleted text end as follows:

(1) as a voluntary patient, in which case the patient's commitment is discharged;

(2) as a committed patient, in which case the patient's provisional discharge is voluntarily
revoked; or

(3) on temporary return from provisional discharge, in which case both the commitment
and the provisional discharge remain in effect.

new text begin (b) new text end Prior to readmission, the patient shall be informed of status upon readmission.

Sec. 80.

Minnesota Statutes 2018, section 253B.16, is amended to read:

253B.16 DISCHARGE OF COMMITTED PERSONS.

Subdivision 1.

Date.

The head of a treatment facility new text begin , state-operated treatment program,
or community-based treatment program new text end shall discharge any patient admitted as a person
deleted text begin who is mentally ill or chemically dependent, or a person with a deleted text end new text begin who poses a risk of harm
due to mental illness, or a person who has a chemical dependency or a new text end developmental
disability deleted text begin admitted under Minnesota Rules of Criminal Procedure, deleted text end deleted text begin rules 20.01 deleted text end deleted text begin and deleted text end deleted text begin 20.02 deleted text end deleted text begin ,
to the secure bed component of the Minnesota extended treatment options deleted text end when the head
of the facility new text begin or program new text end certifies that the person is no longer in need of care and treatment
new text begin under commitment new text end or at the conclusion of any period of time specified in the commitment
order, whichever occurs first. The head of a deleted text begin treatment deleted text end facility new text begin or program new text end shall discharge
any person admitted as deleted text begin developmentally disabled, except those admitted under Minnesota
Rules of Criminal Procedure, deleted text end deleted text begin rules 20.01 deleted text end deleted text begin and deleted text end deleted text begin 20.02 deleted text end deleted text begin , to the secure bed component of the
Minnesota extended treatment options, deleted text end new text begin a person with a developmental disability new text end when that
person's screening team has determined, under section 256B.092, subdivision 8, that the
person's needs can be met by services provided in the community and a plan has been
developed in consultation with the interdisciplinary team to place the person in the available
community services.

Subd. 2.

Notification of discharge.

Prior to the discharge or provisional discharge of
any committed deleted text begin person deleted text end new text begin patient new text end , the head of the treatment facility new text begin , state-operated treatment
program, or community-based treatment program new text end shall notify the designated agency and
the patient's spouse or health care agent, or if there is no spouse or health care agent, then
an adult child, or if there is none, the next of kin of the patient, of the proposed discharge.
new text begin The facility or program shall send new text end the notice deleted text begin shall be sent to the last known address of the
person to be notified by certified mail with return receipt. The notice deleted text end new text begin in writing and new text end shall
include the following: (1) the proposed date of discharge or provisional discharge; (2) the
date, time and place of the meeting of the staff who have been treating the patient to discuss
discharge and discharge planning; (3) the fact that the patient will be present at the meeting;
and (4) the fact that the next of kin or health care agent may attend that staff meeting and
present any information relevant to the discharge of the patient. deleted text begin The notice shall be sent at
least one week prior to the date set for the meeting.
deleted text end

Sec. 81.

Minnesota Statutes 2018, section 253B.17, is amended to read:

253B.17 RELEASE; JUDICIAL DETERMINATION.

Subdivision 1.

Petition.

Any patient, except one committed as a sexually dangerous
person or a person with a sexual psychopathic personality or as a person who deleted text begin is mentally
ill and deleted text end new text begin has a mental illness and is new text end dangerous to the public as provided in section 253B.18,
subdivision 3, or any interested person may petition the committing court or the court to
which venue has been transferred for an order that the patient is not in need of continued
care and treatment new text begin under commitment new text end or for an order that an individual is no longer a person
deleted text begin who is mentally ill, developmentally disabled, or chemically dependent deleted text end new text begin who poses a risk
of harm due to mental illness, or a person who has a developmental disability or chemical
dependency new text end , or for any other relief. A patient committed as a person deleted text begin who is mentally ill or
mentally ill and deleted text end new text begin who poses a risk of harm due to mental illness, a person who has a mental
illness and is new text end dangerous deleted text begin or deleted text end new text begin to the public, new text end a sexually dangerous person new text begin , new text end or new text begin a new text end person with a
sexual psychopathic personality may petition the committing court or the court to which
venue has been transferred for a hearing concerning the administration of neuroleptic
medication.

Subd. 2.

Notice of hearing.

Upon the filing of the petition, the court shall fix the time
and place for the hearing on it. Ten days' notice of the hearing shall be given to the county
attorney, the patient, patient's counsel, the person who filed the initial commitment petition,
the head of the deleted text begin treatment deleted text end facility new text begin or program to which the person is committed new text end , and other
persons as the court directs. Any person may oppose the petition.

Subd. 3.

new text begin Court new text end examiners.

The court shall appoint deleted text begin an deleted text end new text begin a court new text end examiner and, at the
patient's request, shall appoint a second new text begin court new text end examiner of the patient's choosing to be paid
for by the county at a rate of compensation to be fixed by the court. Unless otherwise agreed
by the parties, deleted text begin the examiners deleted text end new text begin a court examiner new text end shall file a report with the court not less than
48 hours prior to the hearing under this section.

Subd. 4.

Evidence.

The patient, patient's counsel, the petitioner new text begin , new text end and the county attorney
shall be entitled to be present at the hearing and to present and cross-examine witnesses,
including new text begin court new text end examiners. The court may hear any relevant testimony and evidence deleted text begin which
is deleted text end offered at the hearing.

Subd. 5.

Order.

Upon completion of the hearing, the court shall enter an order stating
its findings and decision and mail deleted text begin it deleted text end new text begin the order new text end to the head of the treatment facility new text begin ,
state-operated treatment program, or community-based treatment program new text end .

Sec. 82.

Minnesota Statutes 2018, section 253B.18, subdivision 1, is amended to read:

Subdivision 1.

Procedure.

(a) Upon the filing of a petition alleging that a proposed
patient is a person who deleted text begin is mentally ill and deleted text end new text begin has a mental illness and is new text end dangerous to the public,
the court shall hear the petition as provided in sections 253B.07 and 253B.08. If the court
finds by clear and convincing evidence that the proposed patient is a person who deleted text begin is mentally
ill and deleted text end new text begin has a mental illness and is new text end dangerous to the public, it shall commit the person to a
secure treatment facility or to a treatment facility new text begin or state-operated treatment program new text end willing
to accept the patient under commitment. The court shall commit the patient to a secure
treatment facility unless the patient deleted text begin establishes deleted text end new text begin or others establish new text end by clear and convincing
evidence that a less restrictive new text begin state-operated treatment program or new text end treatment deleted text begin program deleted text end new text begin facility new text end
is available that is consistent with the patient's treatment needs and the requirements of
public safety. In any case where the petition was filed immediately following the acquittal
of the proposed patient for a crime against the person pursuant to a verdict of not guilty by
reason of mental illness, the verdict constitutes evidence that the proposed patient is a person
who deleted text begin is mentally ill and deleted text end new text begin has a mental illness and is new text end dangerous new text begin to the public new text end within the meaning
of this section. The proposed patient has the burden of going forward in the presentation of
evidence. The standard of proof remains as required by this chapter. Upon commitment,
admission procedures shall be carried out pursuant to section 253B.10.

(b) Once a patient is admitted to a treatment facility new text begin or state-operated treatment program new text end
pursuant to a commitment under this subdivision, treatment must begin regardless of whether
a review hearing will be held under subdivision 2.

Sec. 83.

Minnesota Statutes 2018, section 253B.18, subdivision 2, is amended to read:

Subd. 2.

Review; hearing.

(a) A written treatment report shall be filed by the treatment
facility new text begin or state-operated treatment program new text end with the committing court within 60 days after
commitment. If the person is in the custody of the commissioner of corrections when the
initial commitment is ordered under subdivision 1, the written treatment report must be filed
within 60 days after the person is admitted to deleted text begin a secure deleted text end new text begin the state-operated treatment program
or new text end treatment facility. The court shall hold a hearing to make a final determination as to
whether the deleted text begin person deleted text end new text begin patient new text end should remain committed as a person who deleted text begin is mentally ill and deleted text end new text begin
has a mental illness and is new text end dangerous to the public. The hearing shall be held within the
earlier of 14 days of the court's receipt of the written treatment report, or within 90 days of
the date of initial commitment or admission, unless otherwise agreed by the parties.

(b) The court may, with agreement of the county attorney and new text begin the patient's new text end attorney deleted text begin for
the patient deleted text end :

(1) waive the review hearing under this subdivision and immediately order an
indeterminate commitment under subdivision 3; or

(2) continue the review hearing for up to one year.

(c) If the court finds that the patient should be committed as a person deleted text begin who is mentally
ill deleted text end new text begin who poses a risk of harm due to mental illness new text end , but not as a person who deleted text begin is mentally ill
and deleted text end new text begin has a mental illness and is new text end dangerous to the public, the court may commit the deleted text begin person deleted text end new text begin
patient new text end as a person deleted text begin who is mentally ill deleted text end new text begin who poses a risk of harm due to mental illness new text end and
the deleted text begin person shall be deemed deleted text end new text begin court shall deem the patient new text end not to deleted text begin have been found to deleted text end be
dangerous to the public for the purposes of subdivisions 4a to 15. Failure of the treatment
facility new text begin or state-operated treatment program new text end to provide the required new text begin treatment new text end report at the
end of the 60-day period shall not result in automatic discharge of the patient.

Sec. 84.

Minnesota Statutes 2018, section 253B.18, subdivision 3, is amended to read:

Subd. 3.

Indeterminate commitment.

If the court finds at the final determination hearing
held pursuant to subdivision 2 that the patient continues to be a person who deleted text begin is mentally ill
and deleted text end new text begin has a mental illness and is new text end dangerous new text begin to the public new text end , then the court shall order commitment
of the proposed patient for an indeterminate period of time. After a final determination that
a patient is a person who deleted text begin is mentally ill and deleted text end new text begin has a mental illness and is new text end dangerous to the
public, the patient shall be transferred, provisionally discharged or discharged, only as
provided in this section.

Sec. 85.

Minnesota Statutes 2018, section 253B.18, subdivision 4a, is amended to read:

Subd. 4a.

Release on pass; notification.

A patient who has been committed as a person
who deleted text begin is mentally ill and deleted text end new text begin has a mental illness and is new text end dangerous new text begin to the public new text end and who is confined
at a secure treatment facility or has been transferred out of a deleted text begin state-operated services deleted text end new text begin secure
treatment new text end facility according to section 253B.18, subdivision 6, shall not be released on a
pass unless the pass is part of a pass plan that has been approved by the medical director of
the secure treatment facility. The pass plan must have a specific therapeutic purpose
consistent with the treatment plan, must be established for a specific period of time, and
must have specific levels of liberty delineated. The county case manager must be invited
to participate in the development of the pass plan. At least ten days prior to a determination
on the plan, the medical director shall notify the designated agency, the committing court,
the county attorney of the county of commitment, an interested person, the local law
enforcement agency where the facility is located, the county attorney and the local law
enforcement agency in the location where the pass is to occur, the petitioner, and the
petitioner's counsel of the plan, the nature of the passes proposed, and their right to object
to the plan. If any notified person objects prior to the proposed date of implementation, the
person shall have an opportunity to appear, personally or in writing, before the medical
director, within ten days of the objection, to present grounds for opposing the plan. The
pass plan shall not be implemented until the objecting person has been furnished that
opportunity. Nothing in this subdivision shall be construed to give a patient an affirmative
right to a pass plan.

Sec. 86.

Minnesota Statutes 2018, section 253B.18, subdivision 4b, is amended to read:

Subd. 4b.

Pass-eligible status; notification.

new text begin (a) new text end The following patients committed to a
secure treatment facility shall not be placed on pass-eligible status unless that status has
been approved by the medical director of the secure treatment facility:

deleted text begin (a) deleted text end new text begin (1) new text end a patient who has been committed as a person who deleted text begin is mentally ill and deleted text end new text begin has a mental
illness and is new text end dangerous new text begin to the public new text end and who:

deleted text begin (1) deleted text end new text begin (i) new text end was found incompetent to proceed to trial for a felony or was found not guilty by
reason of mental illness of a felony immediately prior to the filing of the commitment
petition;

deleted text begin (2) deleted text end new text begin (ii) new text end was convicted of a felony immediately prior to or during commitment as a person
who deleted text begin is mentally ill and deleted text end new text begin has a mental illness and is new text end dangerous new text begin to the public new text end ; or

deleted text begin (3) deleted text end new text begin (iii) new text end is subject to a commitment to the commissioner of corrections; and

deleted text begin (b) deleted text end new text begin (2) new text end a patient who has been committed as a psychopathic personality, a sexually
psychopathic personality, or a sexually dangerous person.

new text begin (b) new text end At least ten days prior to a determination on the status, the medical director shall
notify the committing court, the county attorney of the county of commitment, the designated
agency, an interested person, the petitioner, and the petitioner's counsel of the proposed
status, and their right to request review by the special review board. If within ten days of
receiving notice any notified person requests review by filing a notice of objection with the
commissioner and the head of the new text begin secure new text end treatment facility, a hearing shall be held before
the special review board. The proposed status shall not be implemented unless it receives
a favorable recommendation by a majority of the board and approval by the commissioner.
The order of the commissioner is appealable as provided in section 253B.19.

new text begin (c) new text end Nothing in this subdivision shall be construed to give a patient an affirmative right
to seek pass-eligible status from the special review board.

Sec. 87.

Minnesota Statutes 2018, section 253B.18, subdivision 4c, is amended to read:

Subd. 4c.

Special review board.

(a) The commissioner shall establish one or more
panels of a special review board. The board shall consist of three members experienced in
the field of mental illness. One member of each special review board panel shall be a
psychiatrist or a doctoral level psychologist with forensic experience and one member shall
be an attorney. No member shall be affiliated with the Department of Human Services. The
special review board shall meet at least every six months and at the call of the commissioner.
It shall hear and consider all petitions for a reduction in custody or to appeal a revocation
of provisional discharge. A "reduction in custody" means transfer from a secure treatment
facility, discharge, and provisional discharge. Patients may be transferred by the
commissioner between secure treatment facilities without a special review board hearing.

Members of the special review board shall receive compensation and reimbursement
for expenses as established by the commissioner.

(b) The special review board must review each denied petition under subdivision 5 for
barriers and obstacles preventing the patient from progressing in treatment. Based on the
cases before the board in the previous year, the special review board shall provide to the
commissioner an annual summation of the barriers to treatment progress, and
recommendations to achieve the common goal of making progress in treatment.

(c) A petition filed by a person committed as deleted text begin mentally ill and deleted text end new text begin a person who has a mental
illness and is new text end dangerous to the public under this section must be heard as provided in
subdivision 5 and, as applicable, subdivision 13. A petition filed by a person committed as
a sexual psychopathic personality or as a sexually dangerous person under chapter 253D,
or committed as both deleted text begin mentally ill and deleted text end new text begin a person who has a mental illness and is new text end dangerous
to the public under this section and as a sexual psychopathic personality or as a sexually
dangerous person must be heard as provided in section 253D.27.

Sec. 88.

Minnesota Statutes 2018, section 253B.18, subdivision 5, is amended to read:

Subd. 5.

Petition; notice of hearing; attendance; order.

(a) A petition for a reduction
in custody or revocation of provisional discharge shall be filed with the commissioner and
may be filed by the patient or by the head of the treatment facility new text begin or state-operated treatment
program to which the person was committed or has been transferred new text end . A patient may not
petition the special review board for six months following commitment under subdivision
3 or following the final disposition of any previous petition and subsequent appeal by the
patient. The head of the new text begin state-operated treatment program or head of the new text end treatment facility
must schedule a hearing before the special review board for any patient who has not appeared
before the special review board in the previous three years, and schedule a hearing at least
every three years thereafter. The medical director may petition at any time.

(b) Fourteen days prior to the hearing, the committing court, the county attorney of the
county of commitment, the designated agency, interested person, the petitioner, and the
petitioner's counsel shall be given written notice by the commissioner of the time and place
of the hearing before the special review board. Only those entitled to statutory notice of the
hearing or those administratively required to attend may be present at the hearing. The
patient may designate interested persons to receive notice by providing the names and
addresses to the commissioner at least 21 days before the hearing. The board shall provide
the commissioner with written findings of fact and recommendations within 21 days of the
hearing. The commissioner shall issue an order no later than 14 days after receiving the
recommendation of the special review board. A copy of the order shall be mailed to every
person entitled to statutory notice of the hearing within five days after deleted text begin it deleted text end new text begin the order new text end is signed.
No order by the commissioner shall be effective sooner than 30 days after the order is signed,
unless the county attorney, the patient, and the commissioner agree that it may become
effective sooner.

(c) The special review board shall hold a hearing on each petition prior to making its
recommendation to the commissioner. The special review board proceedings are not contested
cases as defined in chapter 14. Any person or agency receiving notice that submits
documentary evidence to the special review board prior to the hearing shall also provide
copies to the patient, the patient's counsel, the county attorney of the county of commitment,
the case manager, and the commissioner.

(d) Prior to the final decision by the commissioner, the special review board may be
reconvened to consider events or circumstances that occurred subsequent to the hearing.

(e) In making their recommendations and order, the special review board and
commissioner must consider any statements received from victims under subdivision 5a.

Sec. 89.

Minnesota Statutes 2018, section 253B.18, subdivision 5a, is amended to read:

Subd. 5a.

Victim notification of petition and release; right to submit statement.

(a)
As used in this subdivision:

(1) "crime" has the meaning given to "violent crime" in section 609.1095, and includes
criminal sexual conduct in the fifth degree and offenses within the definition of "crime
against the person" in section 253B.02, subdivision 4a, and also includes offenses listed in
section 253D.02, subdivision 8, paragraph (b), regardless of whether they are sexually
motivated;

(2) "victim" means a person who has incurred loss or harm as a result of a crime the
behavior for which forms the basis for a commitment under this section or chapter 253D;
and

(3) "convicted" and "conviction" have the meanings given in section 609.02, subdivision
5, and also include juvenile court adjudications, findings under Minnesota Rules of Criminal
Procedure, rule 20.02, that the elements of a crime have been proved, and findings in
commitment cases under this section or chapter 253D that an act or acts constituting a crime
occurred.

(b) A county attorney who files a petition to commit a person under this section or chapter
253D shall make a reasonable effort to provide prompt notice of filing the petition to any
victim of a crime for which the person was convicted. In addition, the county attorney shall
make a reasonable effort to promptly notify the victim of the resolution of the petition.

(c) Before provisionally discharging, discharging, granting pass-eligible status, approving
a pass plan, or otherwise permanently or temporarily releasing a person committed under
this section from a new text begin state-operated treatment program or new text end treatment facility, the head of the
new text begin state-operated treatment program or head of the new text end treatment facility shall make a reasonable
effort to notify any victim of a crime for which the person was convicted that the person
may be discharged or released and that the victim has a right to submit a written statement
regarding decisions of the medical director, special review board, or commissioner with
respect to the person. To the extent possible, the notice must be provided at least 14 days
before any special review board hearing or before a determination on a pass plan.
Notwithstanding section 611A.06, subdivision 4, the commissioner shall provide the judicial
appeal panel with victim information in order to comply with the provisions of this section.
The judicial appeal panel shall ensure that the data on victims remains private as provided
for in section 611A.06, subdivision 4.

(d) This subdivision applies only to victims who have requested notification through
the Department of Corrections electronic victim notification system, or by contacting, in
writing, the county attorney in the county where the conviction for the crime occurred. A
request for notice under this subdivision received by the commissioner of corrections through
the Department of Corrections electronic victim notification system shall be promptly
forwarded to the prosecutorial authority with jurisdiction over the offense to which the
notice relates or, following commitment, the head of the new text begin state-operated treatment program
or head of the new text end treatment facility. A county attorney who receives a request for notification
under this paragraph following commitment shall promptly forward the request to the
commissioner of human services.

(e) The rights under this subdivision are in addition to rights available to a victim under
chapter 611A. This provision does not give a victim all the rights of a "notified person" or
a person "entitled to statutory notice" under subdivision 4a, 4b, or 5 or section 253D.14.

Sec. 90.

Minnesota Statutes 2018, section 253B.18, subdivision 6, is amended to read:

Subd. 6.

Transfer.

new text begin (a) new text end A patient who is deleted text begin mentally ill and deleted text end new text begin a person who has a mental
illness and is new text end dangerous new text begin to the public new text end shall not be transferred out of a secure treatment facility
unless it appears to the satisfaction of the commissioner, after a hearing and favorable
recommendation by a majority of the special review board, that the transfer is appropriate.
Transfer may be to deleted text begin other regional centers under the commissioner's control deleted text end new text begin another
state-operated treatment program new text end . In those instances where a commitment also exists to the
Department of Corrections, transfer may be to a facility designated by the commissioner of
corrections.

new text begin (b) new text end The following factors must be considered in determining whether a transfer is
appropriate:

(1) the person's clinical progress and present treatment needs;

(2) the need for security to accomplish continuing treatment;

(3) the need for continued institutionalization;

(4) which facility can best meet the person's needs; and

(5) whether transfer can be accomplished with a reasonable degree of safety for the
public.

Sec. 91.

Minnesota Statutes 2018, section 253B.18, subdivision 7, is amended to read:

Subd. 7.

Provisional discharge.

new text begin (a) new text end A patient who is deleted text begin mentally ill and deleted text end new text begin a person who has
a mental illness and is new text end dangerous new text begin to the public new text end shall not be provisionally discharged unless
it appears to the satisfaction of the commissioner, after a hearing and a favorable
recommendation by a majority of the special review board, that the patient is capable of
making an acceptable adjustment to open society.

new text begin (b) new text end The following factors are to be considered in determining whether a provisional
discharge shall be recommended: (1) whether the patient's course of hospitalization and
present mental status indicate there is no longer a need for treatment and supervision in the
patient's current treatment setting; and (2) whether the conditions of the provisional discharge
plan will provide a reasonable degree of protection to the public and will enable the patient
to adjust successfully to the community.

Sec. 92.

Minnesota Statutes 2018, section 253B.18, subdivision 8, is amended to read:

Subd. 8.

Provisional discharge plan.

A provisional discharge plan shall be developed,
implemented new text begin , new text end and monitored by the designated agency in conjunction with the patient, the
treatment facility new text begin or state-operated treatment program to which the person is committed, new text end
and other appropriate persons. The designated agency shall, at least quarterly, review the
new text begin provisional discharge new text end plan with the patient and submit a written report to deleted text begin the commissioner
and deleted text end the deleted text begin treatment deleted text end facility new text begin or program new text end concerning the patient's status and compliance with
each term of the new text begin provisional discharge new text end plan.

Sec. 93.

Minnesota Statutes 2018, section 253B.18, subdivision 10, is amended to read:

Subd. 10.

Provisional discharge; revocation.

new text begin (a) new text end The head of the treatment facility new text begin or
state-operated treatment program from which the person was provisionally discharged new text end may
revoke a provisional discharge if any of the following grounds exist:

(i) the patient has departed from the conditions of the provisional discharge plan;

(ii) the patient is exhibiting signs of a mental illness which may require in-hospital
evaluation or treatment; or

(iii) the patient is exhibiting behavior which may be dangerous to self or others.

new text begin (b) new text end Revocation shall be commenced by a notice of intent to revoke provisional discharge,
which shall be served upon the patient, patient's counsel, and the designated agency. The
notice shall set forth the grounds upon which the intention to revoke is based, and shall
inform the patient of the rights of a patient under this chapter.

new text begin (c) new text end In all nonemergency situations, prior to revoking a provisional discharge, the head
of the deleted text begin treatment deleted text end facility new text begin or program new text end shall obtain a new text begin revocation new text end report from the designated
agency outlining the specific reasons for recommending the revocation, including but not
limited to the specific facts upon which the revocation recommendation is based.

new text begin (d) new text end The patient must be provided a copy of the revocation report and informed orally
and in writing of the rights of a patient under this section.

Sec. 94.

Minnesota Statutes 2018, section 253B.18, subdivision 11, is amended to read:

Subd. 11.

Exceptions.

If an emergency exists, the head of the treatment facility new text begin or
state-operated treatment program new text end may revoke the provisional discharge and, either orally
or in writing, order that the patient be immediately returned to the deleted text begin treatment deleted text end facility new text begin or
program new text end . In emergency cases, a new text begin revocation new text end report deleted text begin documenting reasons for revocation deleted text end shall
be submitted by the designated agency within seven days after the patient is returned to the
deleted text begin treatment deleted text end facility new text begin or program new text end .

Sec. 95.

Minnesota Statutes 2018, section 253B.18, subdivision 12, is amended to read:

Subd. 12.

Return of patient.

After revocation of a provisional discharge or if the patient
is absent without authorization, the head of the treatment facility new text begin or state-operated treatment
program new text end may request the patient to return to the deleted text begin treatment deleted text end facility new text begin or program new text end voluntarily.
The head of the new text begin treatment new text end facility new text begin or state-operated treatment program new text end may request a health
officer deleted text begin , a welfare officer, deleted text end or a peace officer to return the patient to the deleted text begin treatment deleted text end facility new text begin or
program new text end . If a voluntary return is not arranged, the head of the treatment facility new text begin or
state-operated treatment program new text end shall inform the committing court of the revocation or
absence and the court shall direct a health or peace officer in the county where the patient
is located to return the patient to the deleted text begin treatment deleted text end facility new text begin or program new text end or to another new text begin state-operated
treatment program or to another new text end treatment facility new text begin willing to accept the patient new text end . The expense
of returning the patient to a deleted text begin regional deleted text end new text begin state-operated new text end treatment deleted text begin center deleted text end new text begin program new text end shall be paid
by the commissioner unless paid by the patient or other persons on the patient's behalf.

Sec. 96.

Minnesota Statutes 2018, section 253B.18, subdivision 14, is amended to read:

Subd. 14.

Voluntary readmission.

(a) With the consent of the head of the treatment
facility new text begin or state-operated treatment program new text end , a patient may voluntarily return from provisional
discharge for a period of up to 30 days, or up to 60 days with the consent of the designated
agency. If the patient is not returned to provisional discharge status within 60 days, the
provisional discharge is revoked. Within 15 days of receiving notice of the change in status,
the patient may request a review of the matter before the special review board. The board
may recommend a return to a provisional discharge status.

(b) The treatment facility new text begin or state-operated treatment program new text end is not required to petition
for a further review by the special review board unless the patient's return to the community
results in substantive change to the existing provisional discharge plan. All the terms and
conditions of the provisional discharge order shall remain unchanged if the patient is released
again.

Sec. 97.

Minnesota Statutes 2018, section 253B.18, subdivision 15, is amended to read:

Subd. 15.

Discharge.

new text begin (a) new text end A patient who is deleted text begin mentally ill and deleted text end new text begin a person who has a mental
illness and is new text end dangerous new text begin to the public new text end shall not be discharged unless it appears to the
satisfaction of the commissioner, after a hearing and a favorable recommendation by a
majority of the special review board, that the patient is capable of making an acceptable
adjustment to open society, is no longer dangerous to the public, and is no longer in need
of treatment and supervision.

new text begin (b) new text end In determining whether a discharge shall be recommended, the special review board
and commissioner shall consider whether specific conditions exist to provide a reasonable
degree of protection to the public and to assist the patient in adjusting to the community. If
the desired conditions do not exist, the discharge shall not be granted.

Sec. 98.

Minnesota Statutes 2018, section 253B.19, subdivision 2, is amended to read:

Subd. 2.

Petition; hearing.

(a) A deleted text begin person deleted text end new text begin patient new text end committed as deleted text begin mentally ill and deleted text end new text begin a person
who has a mental illness and is new text end dangerous to the public under section 253B.18, or the county
attorney of the county from which the deleted text begin person deleted text end new text begin patient new text end was committed or the county of financial
responsibility, may petition the judicial appeal panel for a rehearing and reconsideration of
a decision by the commissioner under section 253B.18, subdivision 5. The judicial appeal
panel must not consider petitions for relief other than those considered by the commissioner
from which the appeal is taken. The petition must be filed with the supreme court within
30 days after the decision of the commissioner is signed. The hearing must be held within
45 days of the filing of the petition unless an extension is granted for good cause.

(b) For an appeal under paragraph (a), the supreme court shall refer the petition to the
chief judge of the judicial appeal panel. The chief judge shall notify the patient, the county
attorney of the county of commitment, the designated agency, the commissioner, the head
of the deleted text begin treatment deleted text end facility new text begin or program to which the patient was committed new text end , any interested
person, and other persons the chief judge designates, of the time and place of the hearing
on the petition. The notice shall be given at least 14 days prior to the date of the hearing.

(c) Any person may oppose the petition. The patient, the patient's counsel, the county
attorney of the committing county or the county of financial responsibility, and the
commissioner shall participate as parties to the proceeding pending before the judicial appeal
panel and shall, except when the patient is committed solely as deleted text begin mentally ill and deleted text end new text begin a person
who has a mental illness and is new text end dangerous new text begin to the public new text end , no later than 20 days before the
hearing on the petition, inform the judicial appeal panel and the opposing party in writing
whether they support or oppose the petition and provide a summary of facts in support of
their position. The judicial appeal panel may appoint new text begin court new text end examiners and may adjourn the
hearing from time to time. It shall hear and receive all relevant testimony and evidence and
make a record of all proceedings. The patient, the patient's counsel, and the county attorney
of the committing county or the county of financial responsibility have the right to be present
and may present and cross-examine all witnesses and offer a factual and legal basis in
support of their positions. The petitioning party seeking discharge or provisional discharge
bears the burden of going forward with the evidence, which means presenting a prima facie
case with competent evidence to show that the person is entitled to the requested relief. If
the petitioning party has met this burden, the party opposing discharge or provisional
discharge bears the burden of proof by clear and convincing evidence that the discharge or
provisional discharge should be denied. A party seeking transfer under section 253B.18,
subdivision 6, must establish by a preponderance of the evidence that the transfer is
appropriate.

Sec. 99.

Minnesota Statutes 2018, section 253B.20, subdivision 1, is amended to read:

Subdivision 1.

Notice to court.

When a committed person is discharged, provisionally
discharged, new text begin or new text end transferred to another treatment facility, deleted text begin or partially hospitalized deleted text end new text begin state-operated
treatment program, or community-based treatment program new text end , or when the deleted text begin person deleted text end new text begin patient new text end
dies, is absent without authorization, or is returned, the treatment facility new text begin , state-operated
treatment program, or community-based treatment program new text end having custody of the patient
shall notify the committing court, the county attorney, and the patient's attorney.

Sec. 100.

Minnesota Statutes 2018, section 253B.20, subdivision 2, is amended to read:

Subd. 2.

Necessities.

The deleted text begin head of the deleted text end new text begin state-operated new text end treatment deleted text begin facility deleted text end new text begin program new text end shall
make necessary arrangements at the expense of the state to insure that no patient is discharged
or provisionally discharged without suitable clothing. The head of the new text begin state-operated new text end treatment
deleted text begin facility deleted text end new text begin program new text end shall, if necessary, provide the patient with a sufficient sum of money to
secure transportation home, or to another destination of the patient's choice, if the destination
is located within a reasonable distance of the new text begin state-operated new text end treatment deleted text begin facility deleted text end new text begin program new text end . The
commissioner shall establish procedures by rule to help the patient receive all public
assistance benefits provided by state or federal law to which the patient is entitled by
residence and circumstances. The rule shall be uniformly applied in all counties. All counties
shall provide temporary relief whenever necessary to meet the intent of this subdivision.

Sec. 101.

Minnesota Statutes 2018, section 253B.20, subdivision 3, is amended to read:

Subd. 3.

Notice to designated agency.

The head of the treatment facility new text begin , state-operated
treatment program, or community-based treatment program new text end , upon the provisional discharge
of any committed person, shall notify the designated agency before the patient leaves the
deleted text begin treatment deleted text end facility new text begin or program new text end . Whenever possible the notice shall be given at least one week
before the patient is to leave the facility new text begin or program new text end .

Sec. 102.

Minnesota Statutes 2018, section 253B.20, subdivision 4, is amended to read:

Subd. 4.

Aftercare services.

Prior to the date of discharge or provisional discharge of
any committed person, the designated agency of the county of financial responsibility, in
cooperation with the head of the treatment facility new text begin , state-operated treatment program, or
community-based treatment program new text end , and the patient's deleted text begin physician deleted text end new text begin mental health professional new text end ,
if notified pursuant to subdivision 6, shall establish a continuing plan of aftercare services
for the patient including a plan for medical and psychiatric treatment, nursing care, vocational
assistance, and other assistance the patient needs. The designated agency shall provide case
management services, supervise and assist the patient in finding employment, suitable
shelter, and adequate medical and psychiatric treatment, and aid in the patient's readjustment
to the community.

Sec. 103.

Minnesota Statutes 2018, section 253B.20, subdivision 6, is amended to read:

Subd. 6.

Notice to deleted text begin physician deleted text end new text begin mental health professional new text end .

The head of the treatment
facility new text begin , state-operated treatment program, or community-based treatment program new text end shall
notify the deleted text begin physician deleted text end new text begin mental health professional new text end of any committed person at the time of the
patient's discharge or provisional discharge, unless the patient objects to the notice.

Sec. 104.

Minnesota Statutes 2018, section 253B.21, subdivision 1, is amended to read:

Subdivision 1.

Administrative procedures.

If the patient is entitled to care by any
agency of the United States in this state, the commitment warrant shall be in triplicate,
committing the patient to the joint custody of the head of the treatment facility new text begin , state-operated
treatment program, or community-based treatment program new text end and the federal agency. If the
federal agency is unable or unwilling to receive the patient at the time of commitment, the
patient may subsequently be transferred to it upon its request.

Sec. 105.

Minnesota Statutes 2018, section 253B.21, subdivision 2, is amended to read:

Subd. 2.

Applicable regulations.

Any person, when admitted to an institution of a
federal agency within or without this state, shall be subject to the rules and regulations of
the federal agency, except that nothing in this section shall deprive any person of rights
secured to patients of deleted text begin state deleted text end new text begin state-operated treatment programs, new text end treatment facilities new text begin , and
community-based treatment programs new text end by this chapter.

Sec. 106.

Minnesota Statutes 2018, section 253B.21, subdivision 3, is amended to read:

Subd. 3.

Powers.

The chief officer of any treatment facility operated by a federal agency
to which any person is admitted shall have the same powers as the heads of deleted text begin treatment
facilities deleted text end new text begin state-operated treatment programs new text end within this state with respect to admission,
retention of custody, transfer, parole, or discharge of the committed person.

Sec. 107.

Minnesota Statutes 2018, section 253B.212, subdivision 1, is amended to read:

Subdivision 1.

Cost of care; commitment by tribal court order; Red Lake Band of
Chippewa Indians.

The commissioner of human services may contract with and receive
payment from the Indian Health Service of the United States Department of Health and
Human Services for the care and treatment of those members of the Red Lake Band of
Chippewa Indians who have been committed by tribal court order to the Indian Health
Service for care and treatment of mental illness, developmental disability, or chemical
dependency. The contract shall provide that the Indian Health Service may not transfer any
person for admission to a deleted text begin regional center deleted text end new text begin state-operated treatment program new text end unless the
commitment procedure utilized by the tribal court provided due process protections similar
to those afforded by sections deleted text begin 253B.05 deleted text end to 253B.10.

Sec. 108.

Minnesota Statutes 2018, section 253B.212, subdivision 1a, is amended to read:

Subd. 1a.

Cost of care; commitment by tribal court order; White Earth Band of
Ojibwe Indians.

The commissioner of human services may contract with and receive
payment from the Indian Health Service of the United States Department of Health and
Human Services for the care and treatment of those members of the White Earth Band of
Ojibwe Indians who have been committed by tribal court order to the Indian Health Service
for care and treatment of mental illness, developmental disability, or chemical dependency.
The tribe may also contract directly with the commissioner for treatment of those members
of the White Earth Band who have been committed by tribal court order to the White Earth
Department of Health for care and treatment of mental illness, developmental disability, or
chemical dependency. The contract shall provide that the Indian Health Service and the
White Earth Band shall not transfer any person for admission to a deleted text begin regional center deleted text end new text begin
state-operated treatment program new text end unless the commitment procedure utilized by the tribal
court provided due process protections similar to those afforded by sections deleted text begin 253B.05 deleted text end to 253B.10.

Sec. 109.

Minnesota Statutes 2018, section 253B.212, subdivision 1b, is amended to read:

Subd. 1b.

Cost of care; commitment by tribal court order; any federally recognized
Indian tribe within the state of Minnesota.

The commissioner of human services may
contract with and receive payment from the Indian Health Service of the United States
Department of Health and Human Services for the care and treatment of those members of
any federally recognized Indian tribe within the state, who have been committed by tribal
court order to the Indian Health Service for care and treatment of mental illness,
developmental disability, or chemical dependency. The tribe may also contract directly with
the commissioner for treatment of those members of any federally recognized Indian tribe
within the state who have been committed by tribal court order to the respective tribal
Department of Health for care and treatment of mental illness, developmental disability, or
chemical dependency. The contract shall provide that the Indian Health Service and any
federally recognized Indian tribe within the state shall not transfer any person for admission
to a deleted text begin regional center deleted text end new text begin state-operated treatment program new text end unless the commitment procedure
utilized by the tribal court provided due process protections similar to those afforded by
sections deleted text begin 253B.05 deleted text end to 253B.10.

Sec. 110.

Minnesota Statutes 2018, section 253B.212, subdivision 2, is amended to read:

Subd. 2.

Effect given to tribal commitment order.

new text begin (a) new text end When, under an agreement
entered into pursuant to subdivision 1, 1a, or 1b, the Indian Health Service or the placing
tribe applies to a deleted text begin regional center deleted text end new text begin state-operated treatment program new text end for admission of a person
committed to the jurisdiction of the health service by the tribal court deleted text begin as a person who is
mentally ill, developmentally disabled, or chemically dependent deleted text end new text begin due to mental illness,
developmental disability, or chemical dependency new text end , the commissioner may treat the patient
with the consent of the Indian Health Service or the placing tribe.

new text begin (b) new text end A person admitted to a deleted text begin regional center deleted text end new text begin state-operated treatment program new text end pursuant to
this section has all the rights accorded by section 253B.03. In addition, treatment reports,
prepared in accordance with the requirements of section 253B.12, subdivision 1, shall be
filed with the Indian Health Service or the placing tribe within 60 days of commencement
of the patient's stay at the deleted text begin facility deleted text end new text begin program new text end . A subsequent treatment report shall be filed with
the Indian Health Service or the placing tribe within six months of the patient's admission
to the deleted text begin facility deleted text end new text begin program new text end or prior to discharge, whichever comes first. Provisional discharge
or transfer of the patient may be authorized by the head of the deleted text begin treatment facility deleted text end new text begin program new text end
only with the consent of the Indian Health Service or the placing tribe. Discharge from the
deleted text begin facility deleted text end new text begin program new text end to the Indian Health Service or the placing tribe may be authorized by the
head of the deleted text begin treatment facility deleted text end new text begin program new text end after notice to and consultation with the Indian Health
Service or the placing tribe.

Sec. 111.

Minnesota Statutes 2018, section 253B.22, subdivision 1, is amended to read:

Subdivision 1.

Establishment.

The commissioner shall establish a review board of three
or more persons for deleted text begin each regional center deleted text end new text begin the Anoka-Metro Regional Treatment Center,
Minnesota Security Hospital, and Minnesota sex offender program new text end to review the admission
and retention of deleted text begin its deleted text end patients new text begin of that program new text end receiving services under this chapter. One
member shall be qualified in the diagnosis of mental illness, developmental disability, or
chemical dependency, and one member shall be an attorney. The commissioner may, upon
written request from the appropriate federal authority, establish a review panel for any
federal treatment facility within the state to review the admission and retention of patients
hospitalized under this chapter. For any review board established for a federal treatment
facility, one of the persons appointed by the commissioner shall be the commissioner of
veterans affairs or the commissioner's designee.

Sec. 112.

Minnesota Statutes 2018, section 253B.22, subdivision 2, is amended to read:

Subd. 2.

Right to appear.

Each deleted text begin treatment facility deleted text end new text begin program specified in subdivision 1 new text end
shall be visited by the review board at least once every six months. Upon request each
patient in the deleted text begin treatment facility deleted text end new text begin program new text end shall have the right to appear before the review
board during the visit.

Sec. 113.

Minnesota Statutes 2018, section 253B.22, subdivision 3, is amended to read:

Subd. 3.

Notice.

The head of deleted text begin the treatment facility deleted text end new text begin each program specified in subdivision
1 new text end shall notify each patient at the time of admission by a simple written statement of the
patient's right to appear before the review board and the next date when the board will visit
deleted text begin the treatment facility deleted text end new text begin that program new text end . A request to appear before the board need not be in
writing. Any employee of the deleted text begin treatment facility deleted text end new text begin program new text end receiving a patient's request to
appear before the board shall notify the head of the deleted text begin treatment facility deleted text end new text begin program new text end of the request.

Sec. 114.

Minnesota Statutes 2018, section 253B.22, subdivision 4, is amended to read:

Subd. 4.

Review.

The board shall review the admission and retention of patients at deleted text begin its
respective treatment facility deleted text end new text begin the program new text end . The board may examine the records of all patients
admitted and may examine personally at its own instigation all patients who from the records
or otherwise appear to justify reasonable doubt as to continued need of confinement in deleted text begin a
treatment facility deleted text end new text begin the program new text end . The review board shall report its findings to the commissioner
and to the head of the deleted text begin treatment facility deleted text end new text begin program new text end . The board may also receive reports from
patients, interested persons, and deleted text begin treatment facility deleted text end employees new text begin of the program new text end , and investigate
conditions affecting the care of patients.

Sec. 115.

Minnesota Statutes 2018, section 253B.23, subdivision 1, is amended to read:

Subdivision 1.

Costs of hearings.

(a) In each proceeding under this chapter the court
shall allow and order paid to each witness subpoenaed the fees and mileage prescribed by
law; to each examiner a reasonable sum for services and for travel; to persons conveying
the patient to the place of detention, disbursements for the travel, board, and lodging of the
patient and of themselves and their authorized assistants; and to the patient's counsel, when
appointed by the court, a reasonable sum for travel and for the time spent in court or in
preparing for the hearing. Upon the court's order, the county auditor shall issue a warrant
on the county treasurer for payment of the amounts allowed, excluding the costs of the new text begin court
new text end examiner, which must be paid by the state courts.

(b) Whenever venue of a proceeding has been transferred under this chapter, the costs
of the proceedings shall be reimbursed to the county where the proceedings were conducted
by the county of financial responsibility.

Sec. 116.

Minnesota Statutes 2018, section 253B.23, subdivision 1b, is amended to read:

Subd. 1b.

Responsibility for conducting prepetition screening and filing commitment
deleted text begin and early intervention deleted text end petitions.

(a) The county of financial responsibility is responsible
to conduct prepetition screening pursuant to section 253B.07, subdivision 1, and, if statutory
conditions for deleted text begin early intervention or deleted text end commitment are satisfied, to file a petition pursuant to
section deleted text begin 253B.064, subdivision 1, paragraph (a); deleted text end 253B.07, subdivision deleted text begin 1 deleted text end new text begin 2 new text end , paragraph (a) deleted text begin ; deleted text end new text begin , new text end
or 253D.07.

(b) Except in cases under chapter 253D, if the county of financial responsibility refuses
or fails to conduct prepetition screening or file a petition, or if it is unclear which county is
the county of financial responsibility, the county where the proposed patient is present is
responsible to conduct the prepetition screening and, if statutory conditions for deleted text begin early
intervention or deleted text end commitment are satisfied, file the petition.

(c) In cases under chapter 253D, if the county of financial responsibility refuses or fails
to file a petition, or if it is unclear which county is the county of financial responsibility,
then (1) the county where the conviction for which the person is incarcerated was entered,
or (2) the county where the proposed patient is present, if the person is not currently
incarcerated based on conviction, is responsible to file the petition if statutory conditions
for commitment are satisfied.

(d) When a proposed patient is an inmate confined to an adult correctional facility under
the control of the commissioner of corrections and commitment proceedings are initiated
or proposed to be initiated pursuant to section 241.69, the county where the correctional
facility is located may agree to perform the responsibilities specified in paragraph (a).

(e) Any dispute concerning financial responsibility for the costs of the proceedings and
treatment will be resolved pursuant to chapter 256G.

(f) This subdivision and the sections of law cited in this subdivision address venue only.
Nothing in this chapter is intended to limit the statewide jurisdiction of district courts over
civil commitment matters.

Sec. 117.

Minnesota Statutes 2018, section 253B.23, subdivision 2, is amended to read:

Subd. 2.

Legal results of commitment status.

(a) Except as otherwise provided in this
chapter and in sections 246.15 and 246.16, no person by reason of commitment or treatment
pursuant to this chapter shall be deprived of any legal right, including but not limited to the
right to dispose of property, sue and be sued, execute instruments, make purchases, enter
into contractual relationships, vote, and hold a driver's license. Commitment or treatment
of any patient pursuant to this chapter is not a judicial determination of legal incompetency
except to the extent provided in section 253B.03, subdivision 6.

(b) Proceedings for determination of legal incompetency and the appointment of a
guardian for a person subject to commitment under this chapter may be commenced before,
during, or after commitment proceedings have been instituted and may be conducted jointly
with the commitment proceedings. The court shall notify the head of the deleted text begin treatment deleted text end facility new text begin
or program new text end to which the patient is committed of a finding that the patient is incompetent.

(c) Where the person to be committed is a minor or owns property of value and it appears
to the court that the person is not competent to manage a personal estate, the court shall
appoint a general conservator of the person's estate as provided by law.

Sec. 118.

Minnesota Statutes 2018, section 253B.24, is amended to read:

253B.24 TRANSMITTAL OF DATA TO NATIONAL INSTANT CRIMINAL
BACKGROUND CHECK SYSTEM.

When a court:

(1) commits a person under this chapter deleted text begin as being mentally ill, developmentally disabled,
mentally ill and dangerous, or chemically dependent deleted text end new text begin due to mental illness, developmental
disability, or chemical dependency, or as a person who has a mental illness and is dangerous
to the public new text end ;

(2) determines in a criminal case that a person is incompetent to stand trial or not guilty
by reason of mental illness; or

(3) restores a person's ability to possess a firearm under section 609.165, subdivision
1d, or 624.713, subdivision 4,

the court shall ensure that this information is electronically transmitted within three business
days to the National Instant Criminal Background Check System.

Sec. 119.

Minnesota Statutes 2018, section 253D.02, subdivision 6, is amended to read:

Subd. 6.

new text begin Court new text end examiner.

" new text begin Court new text end examiner" has the meaning given in section 253B.02,
subdivision deleted text begin 7 deleted text end new text begin 7a new text end .

Sec. 120.

Minnesota Statutes 2018, section 253D.07, subdivision 2, is amended to read:

Subd. 2.

Petition.

Upon the filing of a petition alleging that a proposed respondent is a
sexually dangerous person or a person with a sexual psychopathic personality, deleted text begin the court
shall hear the petition as provided deleted text end new text begin all of the applicable procedures contained new text end in sections
253B.07 and 253B.08 new text begin apply to the commitment proceeding new text end .

Sec. 121.

Minnesota Statutes 2018, section 253D.10, subdivision 2, is amended to read:

Subd. 2.

Correctional facilities.

(a) A person who is being petitioned for commitment
under this chapter and who is placed under a judicial hold order under section 253B.07,
subdivision 2b or 7, may be confined at a Department of Corrections or a county correctional
or detention facility, rather than a secure treatment facility, until a determination of the
commitment petition as specified in this subdivision.

(b) A court may order that a person who is being petitioned for commitment under this
chapter be confined in a Department of Corrections facility pursuant to the judicial hold
order under the following circumstances and conditions:

(1) The person is currently serving a sentence in a Department of Corrections facility
and the court determines that the person has made a knowing and voluntary (i) waiver of
the right to be held in a secure treatment facility and (ii) election to be held in a Department
of Corrections facility. The order confining the person in the Department of Corrections
facility shall remain in effect until the court vacates the order or the person's criminal sentence
and conditional release term expire.

In no case may the person be held in a Department of Corrections facility pursuant only
to this subdivision, and not pursuant to any separate correctional authority, for more than
210 days.

(2) A person who has elected to be confined in a Department of Corrections facility
under this subdivision may revoke the election by filing a written notice of intent to revoke
the election with the court and serving the notice upon the Department of Corrections and
the county attorney. The court shall order the person transferred to a secure treatment facility
within 15 days of the date that the notice of revocation was filed with the court, except that,
if the person has additional time to serve in prison at the end of the 15-day period, the person
shall not be transferred to a secure treatment facility until the person's prison term expires.
After a person has revoked an election to remain in a Department of Corrections facility
under this subdivision, the court may not adopt another election to remain in a Department
of Corrections facility without the agreement of both parties and the Department of
Corrections.

(3) Upon petition by the commissioner of corrections, after notice to the parties and
opportunity for hearing and for good cause shown, the court may order that the person's
place of confinement be changed from the Department of Corrections to a secure treatment
facility.

(4) While at a Department of Corrections facility pursuant to this subdivision, the person
shall remain subject to all rules and practices applicable to correctional inmates in the facility
in which the person is placed including deleted text begin , deleted text end but not limited to deleted text begin , deleted text end the powers and duties of the
commissioner of corrections under section 241.01, powers relating to use of force under
section 243.52, and the right of the commissioner of corrections to determine the place of
confinement in a prison, reformatory, or other facility.

(5) A person may not be confined in a Department of Corrections facility under this
provision beyond the end of the person's executed sentence or the end of any applicable
conditional release period, whichever is later. If a person confined in a Department of
Corrections facility pursuant to this provision reaches the person's supervised release date
and is subject to a period of conditional release, the period of conditional release shall
commence on the supervised release date even though the person remains in the Department
of Corrections facility pursuant to this provision. At the end of the later of the executed
sentence or any applicable conditional release period, the person shall be transferred to a
secure treatment facility.

(6) Nothing in this section may be construed to establish a right of an inmate in a state
correctional facility to participate in sex offender treatment. This section must be construed
in a manner consistent with the provisions of section 244.03.

new text begin (c) When a person is temporarily confined in a Department of Corrections facility solely
under this subdivision and not based on any separate correctional authority, the commissioner
of corrections may charge the county of financial responsibility for the costs of confinement,
and the Department of Human Services shall use existing appropriations to fund all remaining
nonconfinement costs. The funds received by the commissioner for the confinement and
nonconfinement costs are appropriated to the department for these purposes.
new text end

deleted text begin (c) deleted text end new text begin (d) new text end The committing county may offer a person who is being petitioned for commitment
under this chapter and who is placed under a judicial hold order under section 253B.07,
subdivision 2b or 7, the option to be held in a county correctional or detention facility rather
than a secure treatment facility, under such terms as may be agreed to by the county, the
commitment petitioner, and the commitment respondent. If a person makes such an election
under this paragraph, the court hold order shall specify the terms of the agreement, including
the conditions for revoking the election.

Sec. 122.

Minnesota Statutes 2018, section 253D.28, subdivision 2, is amended to read:

Subd. 2.

Procedure.

(a) The supreme court shall refer a petition for rehearing and
reconsideration to the chief judge of the judicial appeal panel. The chief judge shall notify
the committed person, the county attorneys of the county of commitment and county of
financial responsibility, the commissioner, the executive director, any interested person,
and other persons the chief judge designates, of the time and place of the hearing on the
petition. The notice shall be given at least 14 days prior to the date of the hearing. The
hearing may be conducted by interactive video conference under General Rules of Practice,
rule 131, and Minnesota Rules of Civil Commitment, rule 14.

(b) Any person may oppose the petition. The committed person, the committed person's
counsel, the county attorneys of the committing county and county of financial responsibility,
and the commissioner shall participate as parties to the proceeding pending before the
judicial appeal panel and shall, no later than 20 days before the hearing on the petition,
inform the judicial appeal panel and the opposing party in writing whether they support or
oppose the petition and provide a summary of facts in support of their position.

(c) The judicial appeal panel may appoint new text begin court new text end examiners and may adjourn the hearing
from time to time. It shall hear and receive all relevant testimony and evidence and make
a record of all proceedings. The committed person, the committed person's counsel, and the
county attorney of the committing county or the county of financial responsibility have the
right to be present and may present and cross-examine all witnesses and offer a factual and
legal basis in support of their positions.

(d) The petitioning party seeking discharge or provisional discharge bears the burden
of going forward with the evidence, which means presenting a prima facie case with
competent evidence to show that the person is entitled to the requested relief. If the petitioning
party has met this burden, the party opposing discharge or provisional discharge bears the
burden of proof by clear and convincing evidence that the discharge or provisional discharge
should be denied.

(e) A party seeking transfer under section 253D.29 must establish by a preponderance
of the evidence that the transfer is appropriate.

Sec. 123. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes shall renumber Minnesota Statutes, section 253B.02, so that the
subdivisions are alphabetical. The revisor shall correct any cross-references that arise as a
result of the renumbering.
new text end

Sec. 124. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2018, sections 253B.02, subdivisions 6 and 12a; 253B.05, subdivisions
1, 2, 2b, 3, and 4; 253B.064; 253B.065; 253B.066; 253B.09, subdivision 3; 253B.12,
subdivision 2; 253B.15, subdivision 11; and 253B.20, subdivision 7, new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: H2898-3

253B.02 DEFINITIONS.

Subd. 6.

Emergency treatment.

"Emergency treatment" means the treatment of a patient pursuant to section 253B.05 which is necessary to protect the patient or others from immediate harm.

Subd. 12a.

Mental illness.

"Mental illness" has the meaning given in section 245.462, subdivision 20.

253B.05 EMERGENCY ADMISSION.

Subdivision 1.

Emergency hold.

(a) Any person may be admitted or held for emergency care and treatment in a treatment facility, except to a facility operated by the Minnesota sex offender program, with the consent of the head of the treatment facility upon a written statement by an examiner that:

(1) the examiner has examined the person not more than 15 days prior to admission;

(2) the examiner is of the opinion, for stated reasons, that the person is mentally ill, developmentally disabled, or chemically dependent, and is in danger of causing injury to self or others if not immediately detained; and

(3) an order of the court cannot be obtained in time to prevent the anticipated injury.

(b) If the proposed patient has been brought to the treatment facility by another person, the examiner shall make a good faith effort to obtain a statement of information that is available from that person, which must be taken into consideration in deciding whether to place the proposed patient on an emergency hold. The statement of information must include, to the extent available, direct observations of the proposed patient's behaviors, reliable knowledge of recent and past behavior, and information regarding psychiatric history, past treatment, and current mental health providers. The examiner shall also inquire into the existence of health care directives under chapter 145, and advance psychiatric directives under section 253B.03, subdivision 6d.

(c) The examiner's statement shall be: (1) sufficient authority for a peace or health officer to transport a patient to a treatment facility, (2) stated in behavioral terms and not in conclusory language, and (3) of sufficient specificity to provide an adequate record for review. If danger to specific individuals is a basis for the emergency hold, the statement must identify those individuals, to the extent practicable. A copy of the examiner's statement shall be personally served on the person immediately upon admission and a copy shall be maintained by the treatment facility.

(d) A patient must not be allowed or required to consent to nor participate in a clinical drug trial during an emergency admission or hold under this subdivision or subdivision 2. A consent given during a period of an emergency admission or hold is void and unenforceable. This paragraph does not prohibit a patient from continuing participation in a clinical drug trial if the patient was participating in the drug trial at the time of the emergency admission or hold.

Subd. 2.

Peace or health officer authority.

(a) A peace or health officer may take a person into custody and transport the person to a licensed physician or treatment facility if the officer has reason to believe, either through direct observation of the person's behavior, or upon reliable information of the person's recent behavior and knowledge of the person's past behavior or psychiatric treatment, that the person is mentally ill or developmentally disabled and in danger of injuring self or others if not immediately detained. A peace or health officer or a person working under such officer's supervision, may take a person who is believed to be chemically dependent or is intoxicated in public into custody and transport the person to a treatment facility. If the person is intoxicated in public or is believed to be chemically dependent and is not in danger of causing self-harm or harm to any person or property, the peace or health officer may transport the person home. The peace or health officer shall make written application for admission of the person to the treatment facility. The application shall contain the peace or health officer's statement specifying the reasons for and circumstances under which the person was taken into custody. If danger to specific individuals is a basis for the emergency hold, the statement must include identifying information on those individuals, to the extent practicable. A copy of the statement shall be made available to the person taken into custody. The peace or health officer who makes the application shall provide the officer's name, the agency that employs the officer, and the telephone number or other contact information for purposes of receiving notice under subdivision 3, paragraph (d).

(b) As far as is practicable, a peace officer who provides transportation for a person placed in a facility under this subdivision may not be in uniform and may not use a vehicle visibly marked as a law enforcement vehicle.

(c) A person may be admitted to a treatment facility for emergency care and treatment under this subdivision with the consent of the head of the facility under the following circumstances: (1) a written statement shall only be made by the following individuals who are knowledgeable, trained, and practicing in the diagnosis and treatment of mental illness or developmental disability; the medical officer, or the officer's designee on duty at the facility, including a licensed physician, a licensed physician assistant, or an advanced practice registered nurse who after preliminary examination has determined that the person has symptoms of mental illness or developmental disability and appears to be in danger of harming self or others if not immediately detained; or (2) a written statement is made by the institution program director or the director's designee on duty at the facility after preliminary examination that the person has symptoms of chemical dependency and appears to be in danger of harming self or others if not immediately detained or is intoxicated in public.

Subd. 2b.

Notice.

Every person held pursuant to this section must be informed in writing at the time of admission of the right to leave after 72 hours, to a medical examination within 48 hours, and to request a change to voluntary status. The treatment facility shall, upon request, assist the person in exercising the rights granted in this subdivision.

Subd. 3.

Duration of hold.

(a) Any person held pursuant to this section may be held up to 72 hours, exclusive of Saturdays, Sundays, and legal holidays after admission. If a petition for the commitment of the person is filed in the district court in the county of financial responsibility or of the county in which the treatment facility is located, the court may issue a judicial hold order pursuant to section 253B.07, subdivision 2b.

(b) During the 72-hour hold period, a court may not release a person held under this section unless the court has received a written petition for release and held a summary hearing regarding the release. The petition must include the name of the person being held, the basis for and location of the hold, and a statement as to why the hold is improper. The petition also must include copies of any written documentation under subdivision 1 or 2 in support of the hold, unless the person holding the petitioner refuses to supply the documentation. The hearing must be held as soon as practicable and may be conducted by means of a telephone conference call or similar method by which the participants are able to simultaneously hear each other. If the court decides to release the person, the court shall direct the release and shall issue written findings supporting the decision. The release may not be delayed pending the written order. Before deciding to release the person, the court shall make every reasonable effort to provide notice of the proposed release to:

(1) any specific individuals identified in a statement under subdivision 1 or 2 or individuals identified in the record who might be endangered if the person was not held;

(2) the examiner whose written statement was a basis for a hold under subdivision 1; and

(3) the peace or health officer who applied for a hold under subdivision 2.

(c) If a person is intoxicated in public and held under this section for detoxification, a treatment facility may release the person without providing notice under paragraph (d) as soon as the treatment facility determines the person is no longer a danger to themselves or others. Notice must be provided to the peace officer or health officer who transported the person, or the appropriate law enforcement agency, if the officer or agency requests notification.

(d) Notwithstanding section 144.293, subdivisions 2 and 4, if a treatment facility releases or discharges a person during the 72-hour hold period or if the person leaves the facility without the consent of the treating health care provider, the head of the treatment facility shall immediately notify the agency which employs the peace or health officer who transported the person to the treatment facility under this section. This paragraph does not apply to the extent that the notice would violate federal law governing the confidentiality of alcohol and drug abuse patient records under Code of Federal Regulations, title 42, part 2.

(e) A person held under a 72-hour emergency hold must be released by the facility within 72 hours unless a court order to hold the person is obtained. A consecutive emergency hold order under this section may not be issued.

Subd. 4.

Change of status.

Any person admitted pursuant to this section shall be changed to voluntary status provided by section 253B.04 upon the person's request in writing and with the consent of the head of the treatment facility.

253B.064 COURT-ORDERED EARLY INTERVENTION; PRELIMINARY PROCEDURES.

Subdivision 1.

General.

(a) An interested person may apply to the designated agency for early intervention of a proposed patient in the county of financial responsibility or the county where the patient is present. If the designated agency determines that early intervention may be appropriate, a prepetition screening report must be prepared pursuant to section 253B.07, subdivision 1. The county attorney may file a petition for early intervention following the procedures of section 253B.07, subdivision 2.

(b) The proposed patient is entitled to representation by counsel, pursuant to section 253B.07, subdivision 2c. The proposed patient shall be examined by an examiner, and has the right to a second independent examiner, pursuant to section 253B.07, subdivisions 3 and 5.

Subd. 2.

Prehearing examination; failure to appear.

If a proposed patient fails to appear for the examination, the court may:

(1) reschedule the examination; or

(2) deem the failure to appear as a waiver of the proposed patient's right to an examination and consider the failure to appear when deciding the merits of the petition for early intervention.

Subd. 3.

County option.

Nothing in sections 253B.064 to 253B.066 requires a county to use early intervention procedures.

253B.065 COURT-ORDERED EARLY INTERVENTION; HEARING PROCEDURES.

Subdivision 1.

Time for early intervention hearing.

The hearing on the petition for early intervention shall be held within 14 days from the date of the filing of the petition. For good cause shown, the court may extend the time of hearing up to an additional 30 days. When any proposed patient has not had a hearing on a petition filed for early intervention within the allowed time, the proceedings shall be dismissed.

Subd. 2.

Notice of hearing.

The proposed patient, the patient's counsel, the petitioner, the county attorney, and any other persons as the court directs shall be given at least five days' notice that a hearing will be held and at least two days' notice of the time and date of the hearing, except that any person may waive notice. Notice to the proposed patient may be waived by patient's counsel.

Subd. 3.

Failure to appear.

If a proposed patient fails to appear at the hearing, the court may reschedule the hearing within five days and direct a health officer, peace officer, or other person to take the proposed patient to an appropriate treatment facility designated by the court and transport the person to the hearing.

Subd. 4.

Procedures.

The hearing must be conducted pursuant to section 253B.08, subdivisions 3 to 8.

Subd. 5.

Early intervention criteria.

(a) A court shall order early intervention treatment of a proposed patient who meets the criteria under paragraph (b) or (c). The early intervention treatment must be less intrusive than long-term inpatient commitment and must be the least restrictive treatment program available that can meet the patient's treatment needs.

(b) The court shall order early intervention treatment if the court finds all of the elements of the following factors by clear and convincing evidence:

(1) the proposed patient is mentally ill;

(2) the proposed patient refuses to accept appropriate mental health treatment; and

(3) the proposed patient's mental illness is manifested by instances of grossly disturbed behavior or faulty perceptions and either:

(i) the grossly disturbed behavior or faulty perceptions significantly interfere with the proposed patient's ability to care for self and the proposed patient, when competent, would have chosen substantially similar treatment under the same circumstances; or

(ii) due to the mental illness, the proposed patient received court-ordered inpatient treatment under section 253B.09 at least two times in the previous three years; the patient is exhibiting symptoms or behavior substantially similar to those that precipitated one or more of the court-ordered treatments; and the patient is reasonably expected to physically or mentally deteriorate to the point of meeting the criteria for commitment under section 253B.09 unless treated.

For purposes of this paragraph, a proposed patient who was released under section 253B.095 and whose release was not revoked is not considered to have received court-ordered inpatient treatment under section 253B.09.

(c) The court may order early intervention treatment if the court finds by clear and convincing evidence that a pregnant woman is a chemically dependent person. A chemically dependent person for purposes of this section is a woman who has during pregnancy engaged in excessive use, for a nonmedical purpose, of controlled substances or their derivatives, alcohol, or inhalants that will pose a substantial risk of damage to the brain or physical development of the fetus.

(d) For purposes of paragraphs (b) and (c), none of the following constitute a refusal to accept appropriate mental health treatment:

(1) a willingness to take medication but a reasonable disagreement about type or dosage;

(2) a good faith effort to follow a reasonable alternative treatment plan, including treatment as specified in a valid advance directive under chapter 145C or section 253B.03, subdivision 6d;

(3) an inability to obtain access to appropriate treatment because of inadequate health care coverage or an insurer's refusal or delay in providing coverage for the treatment; or

(4) an inability to obtain access to needed mental health services because the provider will only accept patients who are under a court order or because the provider gives persons under a court order a priority over voluntary patients in obtaining treatment and services.

253B.066 COURT-ORDERED EARLY INTERVENTION; DECISION; TREATMENT ALTERNATIVES; DURATION.

Subdivision 1.

Treatment alternatives.

If the court orders early intervention under section 253B.065, subdivision 5, the court may include in its order a variety of treatment alternatives including, but not limited to, day treatment, medication compliance monitoring, assertive community treatment, crisis assessment and stabilization, partial hospitalization, and short-term hospitalization not to exceed 21 days.

If the court orders short-term hospitalization and the proposed patient will not go voluntarily, the court may direct a health officer, peace officer, or other person to take the person into custody and transport the person to the hospital.

Subd. 2.

Findings.

The court shall find the facts specifically and separately state its conclusions of law in its order. Where early intervention is ordered, the findings of fact and conclusions of law shall specifically state the proposed patient's conduct which is a basis for determining that each of the requisites for early intervention is met.

The court shall also determine the nature and extent of the property of the patient and of the persons who are liable for the patient's care.

Subd. 3.

Duration.

The order for early intervention shall not exceed 90 days.

253B.09 DECISION; STANDARD OF PROOF; DURATION.

Subd. 3.

Financial determination.

The court shall determine the nature and extent of the property of the patient and of the persons who are liable for the patient's care. If the patient is committed to a regional treatment center, the court shall send a copy of the commitment order to the commissioner.

253B.12 TREATMENT REPORT; REVIEW; HEARING.

Subd. 2.

Basis for discharge.

If no written report is filed within the required time or if the written statement describes the patient as not in need of further institutional care and treatment, the proceedings shall be terminated by the committing court, and the patient shall be discharged from the treatment facility.

253B.15 PROVISIONAL DISCHARGE; PARTIAL INSTITUTIONALIZATION.

Subd. 11.

Partial institutionalization.

The head of a treatment facility may place any committed person on a status of partial institutionalization. The status shall allow the patient to be absent from the facility for certain fixed periods of time. The head of the facility may terminate the status at any time.

253B.20 DISCHARGE; ADMINISTRATIVE PROCEDURE.

Subd. 7.

Services.

A committed person may at any time after discharge, provisional discharge or partial treatment, apply to the head of the treatment facility within whose district the committed person resides for treatment. The head of the treatment facility, on determining that the applicant requires service, may provide needed services related to mental illness, developmental disability, or chemical dependency to the applicant. The services shall be provided in regional centers under terms and conditions established by the commissioner.