1998 Minnesota Statutes

     253B.18 Procedures for persons mentally ill and 
  dangerous to the public. 

    Subdivision 1.    Procedure.  Upon the filing of a 
 petition alleging that a proposed patient is mentally ill and 
 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 
 mentally ill and dangerous to the public, it shall commit the 
 person to a secure treatment facility or to a treatment facility 
 willing to accept the patient under commitment.  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 
 mentally ill and dangerous 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.  

    Subd. 2.    Review; hearing.  A written treatment report 
 shall be filed by the treatment facility 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 a secure treatment facility.  The court shall hold a hearing 
 to make a final determination as to whether the person should 
 remain committed as mentally ill and 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.  If the court finds that the 
 patient should be committed as mentally ill, but not as mentally 
 ill and dangerous to the public, the court may commit the person 
 as a mentally ill person and the person shall be deemed not to 
 have been found to be dangerous to the public for the purposes 
 of subdivisions 4 to 15.  Failure of the treatment facility to 
 provide the required report at the end of the 60-day period 
 shall not result in automatic discharge of the patient.  

    Subd. 3.    Indeterminate commitment.  If the court 
 finds at the final determination hearing held pursuant to 
 subdivision 2 that the patient continues to be mentally ill and 
 dangerous, then the court shall order commitment of the proposed 
 patient for an indeterminate period of time.  After a final 
 determination that a patient is mentally ill and dangerous to 
 the public, the patient shall be transferred, provisionally 
 discharged or discharged, only as provided in this section.  

    Subd. 4. Repealed, 1997 c 217 art 1 s 118 

    Subd. 4a.    Release on pass; notification.  A patient 
 who has been committed as mentally ill and dangerous and who is 
 confined at a secure treatment facility 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 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. 

    Subd. 4b.    Pass-eligible status; notification.  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:  

    (a) a patient who has been committed as mentally ill and 
 dangerous and who 

    (1) 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; 

    (2) was convicted of a felony immediately prior to or 
 during commitment as mentally ill and dangerous; or 

    (3) is subject to a commitment to the commissioner of 
 corrections; and 

    (b) a patient who has been committed as a psychopathic 
 personality, a sexually psychopathic personality, or a sexually 
 dangerous person.  

    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 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.  

    Nothing in this subdivision shall be construed to give a 
 patient an affirmative right to seek pass-eligible status from 
 the special review board.  

    Subd. 4c.    Special review board.  (a) The commissioner 
 shall establish one or more panels of a special review board for 
 persons committed as mentally ill and dangerous to the public.  
 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 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 transfer from a secure 
 treatment facility; all petitions relative to discharge, 
 provisional discharge, and revocation of provisional discharge; 
 and make recommendations to the commissioner concerning them.  

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

    Subd. 5.    Petition; notice of hearing; attendance; 
 order.  (a) A petition for an order of transfer, discharge, 
 provisional discharge, 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.  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 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 sent by certified mail to every 
 person entitled to statutory notice of the hearing within five 
 days after it 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. 

    Subd. 6.    Transfer.  Mentally ill and dangerous 
 patients 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 other regional centers under 
 the commissioner's control.  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.  

    The following factors must be considered in determining 
 whether a transfer is appropriate:  

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

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

    (iii) the need for continued institutionalization; 

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

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

    Subd. 7.    Provisional discharge.  Mentally ill and 
 dangerous patients 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.  

    The following factors are to be considered in determining 
 whether a provisional discharge shall be recommended:  (a) 
 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 
 (b) 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. 

    Subd. 8.    Provisional discharge plan.  A provisional 
 discharge plan shall be developed, implemented and monitored by 
 the designated agency in conjunction with the patient, the 
 treatment facility and other appropriate persons.  The 
 designated agency shall, at least quarterly, review the plan 
 with the patient and submit a written report to the commissioner 
 and the treatment facility concerning the patient's status and 
 compliance with each term of the plan.  

    Subd. 9.    Provisional discharge; review.  A 
 provisional discharge pursuant to this section shall not 
 automatically terminate.  A full discharge shall occur only as 
 provided in subdivision 15.  The commissioner shall notify the 
 patient that the terms of a provisional discharge continue 
 unless the patient requests and is granted a change in the 
 conditions of provisional discharge or unless the patient 
 petitions the special review board for a full discharge and the 
 discharge is granted.  

    Subd. 10.    Provisional discharge; revocation.  The 
 head of the treatment facility 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.  

    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.  

    In all nonemergency situations, prior to revoking a 
 provisional discharge, the head of the treatment facility shall 
 obtain a 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.  

    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.  

    Subd. 11.    Exceptions.  If an emergency exists, the 
 head of the treatment facility may revoke the provisional 
 discharge and, either orally or in writing, order that the 
 patient be immediately returned to the treatment facility.  In 
 emergency cases, a report documenting reasons for revocation 
 shall be submitted by the designated agency within seven days 
 after the patient is returned to the treatment facility.  

    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 may request 
 the patient to return to the treatment facility voluntarily.  
 The head of the facility may request a health officer, a welfare 
 officer, or a peace officer to return the patient to the 
 treatment facility.  If a voluntary return is not arranged, the 
 head of the treatment facility 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 treatment facility or to another 
 treatment facility.  The expense of returning the patient to a 
 regional treatment center shall be paid by the commissioner 
 unless paid by the patient or other persons on the patient's 
 behalf.  

    Subd. 13.    Appeal.  Any patient aggrieved by a 
 revocation decision or any interested person may petition the 
 special review board within seven days, exclusive of Saturdays, 
 Sundays, and legal holidays, after receipt of the revocation 
 report for a review of the revocation.  The matter shall be 
 scheduled within 30 days.  The special review board shall review 
 the circumstances leading to the revocation and shall recommend 
 to the commissioner whether or not the revocation shall be 
 upheld. The special review board may also recommend a new 
 provisional discharge at the time of a revocation hearing.  

    Subd. 14.    Voluntary readmission.  (a) With the 
 consent of the head of the treatment facility, 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 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.  

    Subd. 15.    Discharge.  A mentally ill and dangerous 
 patient 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 inpatient treatment and 
 supervision.  

    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.  

    HIST: 1982 c 581 s 18; 1983 c 216 art 1 s 83; 1983 c 251 s 
 19-22; 1983 c 348 s 11; 1984 c 623 s 6,7; 1984 c 654 art 5 s 58; 
 1986 c 444; 1991 c 148 s 3,4; 1992 c 571 art 3 s 4; 1997 c 217 
 art 1 s 86-88,90-99; 1998 c 313 s 20,21 

*   NOTE:  Subdivision 4 was also amended by Laws 1997, chapter 
*217, article 1, section 89, to read as follows: 

*   "Subd. 4.    Special review board.  The commissioner 
*shall establish a special review board for persons committed as 
*mentally ill and dangerous to the public.  The board shall 
*consist of three members experienced in the field of mental 
*illness.  One member of the special review board shall be a 
*psychiatrist 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 transfer out of a secure treatment facility, all 
*petitions for discharge, provisional discharge and revocation of 
*provisional discharge, and make recommendations to the 
*commissioner concerning them.  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."