1.1 	A bill for an act
1.2 	relating to civil commitment; limiting the time period that a person may be held 
1.3 	in jail or state correctional facility pending or after civil commitment;amending 
1.4 	Minnesota Statutes 2012, section 253B.045, subdivision 2; proposing coding for 
1.5 	new law in Minnesota Statutes, chapter 253B; repealing Minnesota Statutes 
1.6 	2012, section 253B.045, subdivision 1a.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. Minnesota Statutes 2012, section 253B.045, subdivision 2, is amended to 
1.9 	read:
1.10 		Subd. 2.Facilities. (a) Each county or a group of counties shall maintain or provide 
1.11 	by contract a facility for confinement of persons held temporarily for observation, 
1.12 	evaluation, diagnosis, treatment, and care. When the temporary confinement is provided 
1.13 	at a regional treatment center, the commissioner shall charge the county of financial 
1.14 	responsibility for the costs of confinement of persons hospitalized under section 253B.05, 
1.15 	subdivisions 1 and 2, and section 253B.07, subdivision 2b, except that the commissioner 
1.16 	shall bill the responsible health plan first. If the person has health plan coverage, but the 
1.17 	hospitalization does not meet the criteria in subdivision 6 or section 62M.07, 62Q.53, 
1.18 	or 62Q.535, the county is responsible. ~~When a person is temporarily confined in a~~ 
1.19 	~~Department of Corrections facility solely under subdivision 1a, and not based on any~~ 
1.20 	~~separate correctional authority:~~
1.21 	~~(1) the commissioner of corrections may charge the county of financial responsibility~~ 
1.22 	~~for the costs of confinement; and~~
1.23 	~~(2) the Department of Human Services shall use existing appropriations to fund~~ 
1.24 	~~all remaining nonconfinement costs. The funds received by the commissioner for the~~ 
2.1 	~~confinement and nonconfinement costs are appropriated to the department for these~~ 
2.2 	~~purposes.~~
2.3 	(b) For the purposes of this subdivision, "county of financial responsibility" has the 
2.4 	meaning specified in section 253B.02, subdivision 4c, or, if the person has no residence 
2.5 	in this state, the county which initiated the confinement. The charge for confinement 
2.6 	in a facility operated by the commissioner of human services shall be based on the 
2.7 	commissioner's determination of the cost of care pursuant to section 246.50, subdivision 
2.8 	5. When there is a dispute as to which county is the county of financial responsibility, the 
2.9 	county charged for the costs of confinement shall pay for them pending final determination 
2.10 	of the dispute over financial responsibility.

2.11 	Sec. 2. [253B.046] LIMITED TIME PERIOD.
2.12 	(a) Notwithstanding any law to the contrary, a person being held under a judicial 
2.13 	hold in jail pending a court order for civil commitment shall be transferred to a 
2.14 	treatment facility with an appropriate level of security within 48 hours of the first date 
2.15 	of confinement under the hold.
2.16 	(b) Notwithstanding any law to the contrary, a person confined in a correctional 
2.17 	facility or jail who is civilly committed to a treatment facility with an appropriate level 
2.18 	of security by court order must be placed in that facility within 48 hours of the date of 
2.19 	commitment.

2.20 	EFFECTIVE DATE. This section is effective August 1, 2013, and applies to civil 
2.21 	commitment proceedings beginning on or after that date.

2.22 	Sec. 3. PERSONS PRESENTLY CONFINED.
 2.23 	A person confined in a correctional facility or jail for more than 48 hours pending 
2.24 	transfer to a treatment facility with an appropriate level of security on July 31, 2013, shall 
2.25 	be transferred to the secure treatment facility within 48 hours of that date.

2.26 	EFFECTIVE DATE. This section is effective August 1, 2013.

2.27 	Sec. 4. REVISOR'S INSTRUCTION.
 2.28 	The revisor of statutes shall make necessary cross-reference and language changes 
2.29 	resulting from the repealer under section 5 in Minnesota Statutes 2012, sections 253B.07, 
2.30 	subdivision 2b, and 253B.185, subdivision 5. 

2.31 	Sec. 5.  REPEALER.
 3.1 	Minnesota Statutes 2012, section 253B.045, subdivision 1a, is repealed.