SF 1492

2nd Engrossment - 94th Legislature (2025 - 2026)

Posted on 04/02/2025 09:45 a.m.

A bill for an act
relating to the attorney general; establishing a Civil Commitment Coordinating
Division; establishing various grant programs; creating a transport hold work
group; requiring reports; appropriating money; proposing coding for new law in
Minnesota Statutes, chapter 8.

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

Section 1.

new text begin [8.365] DEFINITIONS.
new text end

new text begin (a) The definitions in section 253B.02 apply to sections 8.37 to 8.39.
new text end

new text begin (b) For the purposes of sections 8.37 to 8.39, the following terms have the meanings
given:
new text end

new text begin (1) "engagement services" means the services described under section 253B.041;
new text end

new text begin (2) "outpatient civil commitment" means the option available to a committing court
under section 253B.09, subdivision 1, paragraph (c); and
new text end

new text begin (3) "provisional discharge" means the option available to the head of a treatment facility
or community-based treatment program under section 253B.09, subdivision 1.
new text end

Sec. 2.

new text begin [8.37] CIVIL COMMITMENT COORDINATING DIVISION.
new text end

new text begin Subdivision 1. new text end

new text begin Civil Commitment Coordinating Division established. new text end

new text begin There shall be
in the Office of the Attorney General a Civil Commitment Coordinating Division. A civil
commitment coordinator shall be appointed by the attorney general. The civil commitment
coordinator shall perform duties that may lawfully be assigned to the coordinator by the
attorney general or by law.
new text end

new text begin Subd. 2. new text end

new text begin Duties of the civil commitment coordinator. new text end

new text begin The civil commitment coordinator
must:
new text end

new text begin (1) continuously maintain the Civil Commitment Advisory Committee;
new text end

new text begin (2) in consultation with the Civil Commitment Advisory Committee, provide best
practices and guidance regarding engagement services, outpatient civil commitment, and
provisional discharge to committing courts, counties, designated agencies, treatment facilities,
and community-based treatment programs;
new text end

new text begin (3) advocate for increased statewide capacity for engagement services, outpatient civil
commitment, and provisional discharge;
new text end

new text begin (4) provide ongoing technical assistance to those at the local and regional level tasked
with monitoring participants civilly committed under chapter 253B;
new text end

new text begin (5) provide guidance on data collection of outcomes related to engagement services,
outpatient civil commitment, and provisional discharge;
new text end

new text begin (6) aggregate and analyze all data submitted by all jurisdictions by either contracting
with a third party to perform these tasks or entering into an interagency agreement with the
commissioner of management and budget to utilize the Results First Initiative to perform
these tasks;
new text end

new text begin (7) ensure that any data submitted is treated in accordance with chapter 13;
new text end

new text begin (8) create a public awareness campaign designed to educate the public about the
availability and effectiveness of engagement services;
new text end

new text begin (9) administer diversion study grants under section 8.38; and
new text end

new text begin (10) administer engagement services, outpatient civil commitment, and provisional
discharge grants under section 8.39.
new text end

new text begin Subd. 3. new text end

new text begin Civil Commitment Advisory Committee. new text end

new text begin (a) The attorney general shall
establish the Civil Commitment Advisory Committee. The Civil Commitment Advisory
Committee shall advise the civil commitment coordinator on identification of best practices
regarding engagement services, outpatient civil commitment, and provisional discharge;
development of guidance for implementation of engagement services, outpatient civil
commitment, and provisional discharge; development of data reporting requirements and
standards; identification of outcomes to be measured through data analysis; development
of grading criteria for grant applications; and other topics as determined by the coordinator.
new text end

new text begin (b) The Civil Commitment Advisory Committee must consist of no fewer than 11
members and no more than 20 members. The membership of the committee must include:
new text end

new text begin (1) the attorney general or a designee who is not the civil commitment coordinator;
new text end

new text begin (2) the chief executive officer of Direct Care and Treatment or a designee;
new text end

new text begin (3) the commissioner of public safety or a designee;
new text end

new text begin (4) the commissioner of corrections or a designee;
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new text begin (5) the ombudsman for mental health and developmental disabilities or a designee;
new text end

new text begin (6) a member representing district court judges, appointed by the chief justice of the
supreme court;
new text end

new text begin (7) a member representing district court administrators, appointed by the chief justice
of the supreme court;
new text end

new text begin (8) a member representing county administrators or county social services administrators,
appointed by the attorney general;
new text end

new text begin (9) a member representing federally recognized Tribes in Minnesota and urban Indian
communities, appointed by the Indian Affairs Council;
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new text begin (10) a member who is a defense attorney and has represented a person referred for civil
commitment, appointed by the attorney general;
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new text begin (11) a member who was previously civilly committed, appointed by the attorney general;
new text end

new text begin (12) a member who is a parent, sibling, or child of a person currently or previously
civilly committed, appointed by the attorney general;
new text end

new text begin (13) a member who is a person for whom engagement services were successfully
provided, appointed by the attorney general;
new text end

new text begin (14) a member who is a provider of engagement services, appointed by the attorney
general;
new text end

new text begin (15) a member who represents a treatment facility or community-based treatment program
that accepts civilly committed participants, appointed by the attorney general;
new text end

new text begin (16) up to four additional members appointed by the attorney general; and
new text end

new text begin (17) the Minnesota Competency Attainment Board Program administrator or a designee.
new text end

new text begin (c) The attorney general must consult with the chief executive officer of Direct Care
and Treatment before making appointments to the committee.
new text end

new text begin (d) The members of the Civil Commitment Advisory Committee serve without
compensation.
new text end

Sec. 3.

new text begin [8.38] DIVERSION STUDIES.
new text end

new text begin Subdivision 1. new text end

new text begin Diversion studies. new text end

new text begin Each county must conduct diversion studies in
accordance with the requirements of this section. Diversion studies must examine each
county's local behavioral health system's capacity to divert people who have a mental illness,
developmental disability, or chemical use disorder away from the local justice system and
into treatment. The civil commitment coordinator must establish uniform study guidelines,
data requirements, including any qualitative data or narrative requirements, and data reporting
procedures for diversion studies. The coordinator must ensure that the study guidelines and
data requirements will allow the coordinator to determine how people with a mental illness,
people with a developmental disability, and people with a substance use disorder come into
contact with and move through the local criminal justice system and what resources are
available or needed to divert individuals away from the local justice system.
new text end

new text begin Subd. 2. new text end

new text begin Diversion study reporting requirements. new text end

new text begin By October 1, 2027, and every two
years thereafter, each county must submit to the coordinator in the manner established under
subdivision 1 all required data and narratives related to its diversion study.
new text end

new text begin Subd. 3. new text end

new text begin Statewide diversion study report. new text end

new text begin By April 1, 2028, and every two years
thereafter, the civil commitment coordinator must submit to the chairs and ranking minority
members of the legislative committees with jurisdiction over civil commitment, mental
health, or Direct Care and Treatment a report summarizing the county-level data submitted
under subdivision 2. The coordinator must include in the report county, regional, and
state-level needs assessments. The coordinator must include in subsequent reports
comparisons to the data submitted in prior reports and any statistically significant trends
the coordinator's analysis reveals.
new text end

Sec. 4. new text begin TRANSPORT HOLD WORK GROUP.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment and membership. new text end

new text begin (a) The Transport Hold Work Group
is comprised of the following members:
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new text begin (1) the commissioner of human services or the commissioner's designee;
new text end

new text begin (2) a representative of the Minnesota County Attorneys Association;
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new text begin (3) the state public defender or a designee of the state public defender;
new text end

new text begin (4) a commitment defense attorney;
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new text begin (5) at least two mental health professionals with experience in crisis response, one of
whom must work primarily outside the seven-county metropolitan area, appointed by the
commissioner of human services;
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new text begin (6) at least two mental health professionals from underrepresented communities as
defined in Minnesota Statutes, section 148E.010, subdivision 20;
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new text begin (7) a representative of the Minnesota Sheriffs Association;
new text end

new text begin (8) a representative of the Minnesota Chiefs of Police Association;
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new text begin (9) a representative of the Association of Minnesota Counties;
new text end

new text begin (10) a representative of the Minnesota Ambulance Association;
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new text begin (11) a representative of the National Alliance on Mental Illness Minnesota;
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new text begin (12) a representative of Mental Health Minnesota; and
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new text begin (13) the ombudsman for mental health and developmental disabilities or the ombudsman's
designee.
new text end

new text begin (b) Members listed in clauses (2), (4), (5), and (6) to (12) are appointed by the
commissioner of human services, with recommendation from the named organizations.
new text end

new text begin Subd. 2. new text end

new text begin Duties. new text end

new text begin (a) The duties of the work group are to:
new text end

new text begin (1) determine best practices when a person must be taken into custody and transported
for emergency admission under Minnesota Statutes, section 253B.051;
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new text begin (2) determine best practices when a peace officer may use authorized force to take a
person into custody and transport the person under Minnesota Statutes, section 253B.051;
and
new text end

new text begin (3) develop recommendations for policy changes and funding needs to safely transport
people in mental health crises, including alternatives to law enforcement.
new text end

new text begin (b) By February 1, 2026, the work group must submit a written report to the governor
and the chairs and ranking minority members of the legislative committees and divisions
with jurisdiction over human services and public safety on the work group's activities and
recommendations.
new text end

new text begin Subd. 3. new text end

new text begin Administration. new text end

new text begin The Department of Human Services must provide
administrative support to the work group and must assist in creation of the report under
subdivision 2.
new text end

new text begin Subd. 4. new text end

new text begin Compensation. new text end

new text begin Members of the task force serve without compensation.
new text end

new text begin Subd. 5. new text end

new text begin Appointment deadline. new text end

new text begin Members must be appointed by the authorities under
subdivision 1 by July 31, 2025.
new text end

new text begin Subd. 6. new text end

new text begin Meeting; chair. new text end

new text begin The commissioner of health must convene the first meeting
by September 15, 2025. The work group must elect a chair at its first meeting. The chair
must convene meetings of the work group at least monthly.
new text end

new text begin Subd. 7. new text end

new text begin Expiration. new text end

new text begin The work group expires February 1, 2026.
new text end

Sec. 5. new text begin APPROPRIATION; CIVIL COMMITMENT COORDINATING DIVISION.
new text end

new text begin (a) $....... in fiscal year 2026 and $....... in fiscal year 2027 are appropriated from the
general fund to the attorney general for the Civil Commitment Coordinating Division under
Minnesota Statutes, section 8.37.
new text end

new text begin (b) Of the amount in paragraph (a), $....... in fiscal year 2026 and $....... in fiscal year
2027 are for one additional staff member to serve as the civil commitment coordinator.
new text end

new text begin (c) Of the amount in paragraph (a), $....... in fiscal year 2026 and $....... in fiscal year
2027 are for a contract with a third party or an interagency agreement to provide data analytic
services.
new text end

new text begin (d) Of the amount in paragraph (a), $....... in fiscal year 2026 and $....... in fiscal year
2027 are for a public awareness campaign to educate the public about the availability and
effectiveness of engagement services.
new text end