HF 3457

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

  1.1                          A bill for an act 
  1.2             relating to human services and corrections; transfer 
  1.3             to correctional facility; amending Minnesota Statutes 
  1.4             1998, section 253B.185, subdivision 2.  
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 1998, section 253B.185, 
  1.7   subdivision 2, is amended to read: 
  1.8      Subd. 2.  [TRANSFER TO CORRECTIONAL FACILITY.] (a) If a 
  1.9   person has been committed under this section and later is 
  1.10  committed to the custody of the commissioner of corrections for 
  1.11  any reason, including but not limited to, being sentenced for a 
  1.12  crime or revocation of the person's supervised release or 
  1.13  conditional release under section 244.05 or 609.109, subdivision 
  1.14  7, the person may shall be transferred from a hospital to 
  1.15  another a facility designated by the commissioner of corrections 
  1.16  as without regard to the procedures provided in section 253B.18 
  1.17  ;. except that the special review board and the commissioner of 
  1.18  human services may consider the following factors in lieu of the 
  1.19  factors listed in section 253B.18, subdivision 6, to determine 
  1.20  whether a transfer to the commissioner of corrections is 
  1.21  appropriate: 
  1.22     (1) the person's unamenability to treatment; 
  1.23     (2) the person's unwillingness or failure to follow 
  1.24  treatment recommendations; 
  1.25     (3) the person's lack of progress in treatment at the 
  2.1   public or private hospital; 
  2.2      (4) the danger posed by the person to other patients or 
  2.3   staff at the public or private hospital; and 
  2.4      (5) the degree of security necessary to protect the public. 
  2.5      (b) If a person is committed under this section after a 
  2.6   commitment to the commissioner of corrections, the person shall 
  2.7   first serve the sentence in a facility designated by the 
  2.8   commissioner of corrections.  After the person has served the 
  2.9   sentence, the person shall be transferred to a regional center 
  2.10  treatment program designated by the commissioner of human 
  2.11  services. 
  2.12     Sec. 2.  [EFFECTIVE DATE.] 
  2.13     Section 1 is effective the day after final enactment.