HF 1128

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to human services; modifying provisions to 
  1.3             state-operated services; amending Minnesota Statutes 
  1.4             2002, sections 245.0312; 246.014; 246.015, subdivision 
  1.5             3; 246.018, subdivisions 2, 3, 4; 246.13; 246.15; 
  1.6             246.16; 246.57, subdivisions 1, 4, 6; 246.71, 
  1.7             subdivisions 4, 5; 246B.02; 246B.03; 246B.04; 252.025, 
  1.8             subdivision 7; 252.06; 253.015, subdivision 1; 
  1.9             253.017; 253.20; 253.26; 253B.02, subdivision 18a; 
  1.10            253B.09, subdivision 1; repealing Minnesota Statutes 
  1.11            2002, sections 246.017, subdivision 2; 246.022; 
  1.12            246.06; 246.07; 246.08; 246.11; 246.19; 246.42; 
  1.13            252.025, subdivisions 1, 2, 4, 5, 6; 252.032; 252.10; 
  1.14            253.015, subdivisions 2, 3; 253.10; 253.19; 253.201; 
  1.15            253.202; 253.25; 253.27; 256.05; 256.06; 256.08; 
  1.16            256.09; 256.10; 268A.08. 
  1.17  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.18     Section 1.  Minnesota Statutes 2002, section 245.0312, is 
  1.19  amended to read: 
  1.20     245.0312 [DESIGNATING SPECIAL UNITS AND REGIONAL CENTERS.] 
  1.21     Notwithstanding any provision of law to the contrary, 
  1.22  during the biennium, the commissioner of human services, upon 
  1.23  the approval of the governor after consulting with the 
  1.24  legislative advisory commission, may designate portions of 
  1.25  hospitals for the mentally ill state-operated services 
  1.26  facilities under the commissioner's control as special care 
  1.27  units for mentally retarded or inebriate persons, or as nursing 
  1.28  homes for persons over the age of 65, and may designate portions 
  1.29  of the hospitals designated in Minnesota Statutes 1969, section 
  1.30  252.025, subdivision 1, as special care units for mentally ill 
  1.31  or inebriate persons, and may plan to develop all hospitals for 
  2.1   mentally ill, mentally retarded, or inebriate persons under the 
  2.2   commissioner's control as multipurpose regional centers for 
  2.3   programs related to all of the said problems.  
  2.4      If approved by the governor, the commissioner may rename 
  2.5   the state hospital as a state regional center and appoint the 
  2.6   hospital administrator as administrator of the center, in 
  2.7   accordance with section 246.0251.  
  2.8      The directors of the separate program units of regional 
  2.9   centers shall be responsible directly to the commissioner at the 
  2.10  discretion of the commissioner.  
  2.11     Sec. 2.  Minnesota Statutes 2002, section 246.014, is 
  2.12  amended to read: 
  2.13     246.014 [SERVICES.] 
  2.14     The measure of services established and prescribed by 
  2.15  section 246.012, are: 
  2.16     (a) The commissioner of human services shall develop and 
  2.17  maintain state-operated services in a manner consistent with 
  2.18  sections 245.461, 245.487, and 253.28, and chapters 252A, 254A, 
  2.19  and 254B.  State-operated services shall be provided in 
  2.20  coordination with counties and other vendors.  State-operated 
  2.21  services shall include regional treatment centers, specialized 
  2.22  inpatient or outpatient treatment programs, enterprise services, 
  2.23  community-based services and programs, community preparation 
  2.24  services, consultative services, and other services consistent 
  2.25  with the mission of the department of human services.  These 
  2.26  services shall include crisis beds, waivered homes, intermediate 
  2.27  care facilities, and day training and habilitation facilities.  
  2.28  The administrative structure of state-operated services must be 
  2.29  statewide in character.  The state-operated services staff may 
  2.30  deliver services at any location throughout the state. 
  2.31     (b) The commissioner of human services shall create and 
  2.32  maintain forensic services programs.  Forensic services shall be 
  2.33  provided in coordination with counties and other vendors.  
  2.34  Forensic services shall include specialized inpatient programs 
  2.35  at secure treatment facilities as defined in section 253B.02, 
  2.36  subdivision 18a, consultative services, aftercare services, 
  3.1   community-based services and programs, transition services, or 
  3.2   other services consistent with the mission of the department of 
  3.3   human services. 
  3.4      (c) Community preparation services as identified in 
  3.5   paragraphs (a) and (b) are defined as specialized inpatient or 
  3.6   outpatient services or programs operated outside of a secure 
  3.7   environment but are administered by a secured treatment facility.
  3.8      (d) The commissioner of human services may establish 
  3.9   policies and procedures which govern the operation of the 
  3.10  services and programs under the direct administrative authority 
  3.11  of the commissioner. 
  3.12     (1) There shall be served in state hospitals a single 
  3.13  standard of food for patients and employees alike, which is 
  3.14  nutritious and palatable together with special diets as 
  3.15  prescribed by the medical staff thereof.  There shall be a chief 
  3.16  dietitian in the department of human services and at least one 
  3.17  dietitian at each state hospital.  There shall be adequate staff 
  3.18  and equipment for processing, preparation, distribution and 
  3.19  serving of food. 
  3.20     (2) There shall be a staff of persons, professional and 
  3.21  lay, sufficient in number, trained in the diagnosis, care and 
  3.22  treatment of persons with mental illness, physical illness, and 
  3.23  including religious and spiritual counsel through qualified 
  3.24  chaplains (who shall be in the unclassified service) adequate to 
  3.25  take advantage of and put into practice modern methods of 
  3.26  psychiatry, medicine and related field. 
  3.27     (3) There shall be a staff and facilities to provide 
  3.28  occupational and recreational therapy, entertainment and other 
  3.29  creative activities as are consistent with modern methods of 
  3.30  treatment and well being. 
  3.31     (4) There shall be in each state hospital for the care and 
  3.32  treatment of persons with mental illness facilities for the 
  3.33  segregation and treatment of patients and residents who have 
  3.34  communicable disease. 
  3.35     (5) The commissioner of human services shall provide modern 
  3.36  and adequate psychiatric social case work service. 
  4.1      (6) The commissioner of human services shall make every 
  4.2   effort to improve the accommodations for patients and residents 
  4.3   so that the same shall be comfortable and attractive with 
  4.4   adequate furnishings, clothing, and supplies. 
  4.5      (7) The commissioner of human services shall establish 
  4.6   training programs for the training of personnel and may require 
  4.7   the participation of personnel in such programs.  Within the 
  4.8   limits of the appropriations available the commissioner may 
  4.9   establish professional training programs in the forms of 
  4.10  educational stipends for positions for which there is a scarcity 
  4.11  of applicants. 
  4.12     (8) The standards herein established shall be adapted and 
  4.13  applied to the diagnosis, care and treatment of persons with 
  4.14  chemical dependency or mental retardation who come within those 
  4.15  terms as defined in the laws relating to the hospitalization and 
  4.16  commitment of such persons, and of persons who have sexual 
  4.17  psychopathic personalities or are sexually dangerous persons as 
  4.18  defined in chapter 253B.  
  4.19     (9) The commissioner of human services shall establish a 
  4.20  program of detection, diagnosis and treatment of persons with 
  4.21  mental illness and persons described in clause (8), and within 
  4.22  the limits of appropriations may establish clinics and staff the 
  4.23  same with persons specially trained in psychiatry and related 
  4.24  fields. 
  4.25     (10) The commissioner of employee relations may reclassify 
  4.26  employees of the state hospitals from time to time, and assign 
  4.27  classifications to such salary brackets as will adequately 
  4.28  compensate personnel and reasonably assure a continuity of 
  4.29  adequate staff. 
  4.30     (11) In addition to the chaplaincy services, provided in 
  4.31  clause (2), the commissioner of human services shall open said 
  4.32  state hospitals to members of the clergy and other spiritual 
  4.33  leaders to the end that religious and spiritual counsel and 
  4.34  services are made available to the patients and residents 
  4.35  therein, and shall cooperate with all members of the clergy and 
  4.36  other spiritual leaders in making said patients and residents 
  5.1   available for religious and spiritual counsel, and shall provide 
  5.2   such members of the clergy and other spiritual leaders with 
  5.3   meals and accommodations. 
  5.4      (12) Within the limits of the appropriations therefor, the 
  5.5   commissioner of human services shall establish and provide 
  5.6   facilities and equipment for research and study in the field of 
  5.7   modern hospital management, the causes of mental and related 
  5.8   illness and the treatment, diagnosis and care of persons with 
  5.9   mental illness and funds provided therefor may be used to make 
  5.10  available services, abilities and advice of leaders in these and 
  5.11  related fields, and may provide them with meals and 
  5.12  accommodations and compensate them for traveling expenses and 
  5.13  services. 
  5.14     Sec. 3.  Minnesota Statutes 2002, section 246.015, 
  5.15  subdivision 3, is amended to read: 
  5.16     Subd. 3.  Within the limits of the appropriations 
  5.17  available, The commissioner of human services may authorize 
  5.18  state-operated services to provide consultative services for 
  5.19  courts, and state welfare agencies, and supervise the placement 
  5.20  and aftercare of patients, on a fee-for-service basis as defined 
  5.21  in section 246.50, provisionally or otherwise discharged from 
  5.22  a state hospital or institution, state-operated services 
  5.23  facility.  State-operated services may also promote and conduct 
  5.24  programs of education for the people of the state relating to 
  5.25  the problem of mental health and mental hygiene.  The 
  5.26  commissioner shall administer, expend, and distribute federal 
  5.27  funds which may be made available to the state and other funds 
  5.28  other than those not appropriated by the legislature, which may 
  5.29  be made available to the state for mental health and mental 
  5.30  hygiene purposes. 
  5.31     Sec. 4.  Minnesota Statutes 2002, section 246.018, 
  5.32  subdivision 2, is amended to read: 
  5.33     Subd. 2.  [MEDICAL DIRECTOR.] The commissioner of human 
  5.34  services shall appoint a medical director, and unless otherwise 
  5.35  established by law, set the salary of a licensed physician to 
  5.36  serve as medical director to assist in establishing and 
  6.1   maintaining the medical policies of the department of human 
  6.2   services.  The commissioner may place the medical director's 
  6.3   position in the unclassified service if the position meets the 
  6.4   criteria of section 43A.08, subdivision 1a.  The medical 
  6.5   director must be a psychiatrist certified by the board of 
  6.6   psychiatry. 
  6.7      Sec. 5.  Minnesota Statutes 2002, section 246.018, 
  6.8   subdivision 3, is amended to read: 
  6.9      Subd. 3.  [DUTIES.] The medical director shall: 
  6.10     (1) oversee the clinical provision of inpatient mental 
  6.11  health services provided in the state's regional treatment 
  6.12  centers; 
  6.13     (2) recruit and retain psychiatrists to serve on the state 
  6.14  medical staff established in subdivision 4; 
  6.15     (3) consult with the commissioner of human services, the 
  6.16  assistant commissioner of mental health, community mental health 
  6.17  center directors, and the regional treatment center governing 
  6.18  bodies state-operated services governing body to develop 
  6.19  standards for treatment and care of patients in regional 
  6.20  treatment centers and outpatient state-operated service 
  6.21  programs; 
  6.22     (4) develop and oversee a continuing education program for 
  6.23  members of the regional treatment center medical staff; and 
  6.24     (5) consult with the commissioner on the appointment of the 
  6.25  chief executive officers for regional treatment centers; and 
  6.26     (6) participate and cooperate in the development and 
  6.27  maintenance of a quality assurance program for regional 
  6.28  treatment centers state-operated services that assures that 
  6.29  residents receive quality inpatient care and continuous quality 
  6.30  care once they are discharged or transferred to an outpatient 
  6.31  setting. 
  6.32     Sec. 6.  Minnesota Statutes 2002, section 246.018, 
  6.33  subdivision 4, is amended to read: 
  6.34     Subd. 4.  [REGIONAL TREATMENT CENTER STATE-OPERATED 
  6.35  SERVICES MEDICAL STAFF.] (a) The commissioner of human services 
  6.36  medical director shall establish a regional treatment center 
  7.1   state-operated service medical staff which shall be under the 
  7.2   clinical direction of the office of medical director. 
  7.3      (b) The medical director, in conjunction with the regional 
  7.4   treatment center medical staff, shall: 
  7.5      (1) establish standards and define qualifications for 
  7.6   physicians who care for residents in regional treatment 
  7.7   centers state-operated services; 
  7.8      (2) monitor the performance of physicians who care for 
  7.9   residents in regional treatment centers state-operated services; 
  7.10  and 
  7.11     (3) recommend to the commissioner changes in procedures for 
  7.12  operating regional treatment centers state-operated service 
  7.13  facilities that are needed to improve the provision of medical 
  7.14  care in those facilities. 
  7.15     Sec. 7.  Minnesota Statutes 2002, section 246.13, is 
  7.16  amended to read: 
  7.17     246.13 [RECORD OF PATIENTS AND RESIDENTS; DEPARTMENT OF 
  7.18  HUMAN IN STATE-OPERATED SERVICES.] 
  7.19     The commissioner of human services' office shall have, 
  7.20  accessible only by consent of the commissioner or on the order 
  7.21  of a judge or court of record, a record showing the residence, 
  7.22  sex, age, nativity, occupation, civil condition, and date of 
  7.23  entrance or commitment of every person, in the state hospitals 
  7.24  state-operated services facilities as defined under section 
  7.25  246.014 under exclusive control of the commissioner,; the date 
  7.26  of discharge and whether such discharge was final,; the 
  7.27  condition of such the person when the person left the state 
  7.28  hospital, state-operated services facility; and the date and 
  7.29  cause of all deaths.  The record shall state every transfer from 
  7.30  one state hospital state-operated services facility to another, 
  7.31  naming each state-operated services facility.  This information 
  7.32  shall be furnished to the commissioner of human services by each 
  7.33  public and private agency, along with such other obtainable 
  7.34  facts as the commissioner may from time to time require.  The 
  7.35  chief executive officer of each such state hospital, within ten 
  7.36  days after the commitment or entrance thereto of a patient or 
  8.1   resident, shall cause a true copy of an entrance record to be 
  8.2   forwarded to the commissioner of human services.  When a patient 
  8.3   or resident leaves, in a state-operated services facility is 
  8.4   discharged or, transferred, or dies in any state hospital, 
  8.5   the chief executive officer, or other person in charge head of 
  8.6   the state-operated services facility or designee shall inform 
  8.7   the commissioner of human services of these events within ten 
  8.8   days thereafter on forms furnished by the commissioner.  
  8.9      The commissioner of human services may authorize the chief 
  8.10  executive officer of any state hospital for persons with mental 
  8.11  illness or mental retardation, to release to public or private 
  8.12  medical personnel, hospitals, clinics, local social services 
  8.13  agencies or other specifically designated interested persons or 
  8.14  agencies any information regarding any patient or resident 
  8.15  thereat, if, in the opinion of the commissioner, it will be for 
  8.16  the benefit of the patient or resident.  
  8.17     Sec. 8.  Minnesota Statutes 2002, section 246.15, is 
  8.18  amended to read: 
  8.19     246.15 [MONEY OF INMATES OF PUBLIC WELFARE INSTITUTIONS 
  8.20  PATIENTS OR RESIDENTS.] 
  8.21     Subdivision 1.  [RECORD KEEPING OF MONEY.] The chief 
  8.22  executive officer of each institution head of the state-operated 
  8.23  services facility or designee under the jurisdiction of the 
  8.24  commissioner of human services shall may have the care and 
  8.25  custody of all money belonging to inmates thereof patients or 
  8.26  residents which may come into the chief executive officer's head 
  8.27  of the state-operated services facility or designee's hands,.  
  8.28  The head of the state-operated services facility or designee 
  8.29  shall keep accurate accounts thereof of the money, and pay them 
  8.30  out under rules prescribed by law or by the commissioner of 
  8.31  human services, taking vouchers therefor for the money.  
  8.32  All such money received by any officer or employee shall be paid 
  8.33  to the chief executive officer forthwith head of the 
  8.34  state-operated services facility or designee immediately.  Every 
  8.35  such executive officer head of the state-operated services 
  8.36  facility or designee, at the close of each month, or oftener 
  9.1   earlier if required by the commissioner, shall forward to the 
  9.2   commissioner a statement of the amount of all money so received 
  9.3   and the names of the inmates patients or residents from whom 
  9.4   received, accompanied by a check for the amount, payable to the 
  9.5   state treasurer.  On receipt of such the statement, the 
  9.6   commissioner shall transmit the same statement along with a 
  9.7   check to the commissioner of finance, together with such check, 
  9.8   who shall deliver the same statement and check to the state 
  9.9   treasurer.  Upon the payment of such the check, the amount shall 
  9.10  be credited to a fund to be known as "Inmates Client Fund," for 
  9.11  the institution from which the same check was received.  All 
  9.12  such funds shall be paid out by the state treasurer upon 
  9.13  vouchers duly approved by the commissioner of human services as 
  9.14  in other cases.  The commissioner may permit a contingent fund 
  9.15  to remain in the hands of the executive officer head of the 
  9.16  state-operated services facility or designee of any such the 
  9.17  institution from which necessary expenditure expenditures may 
  9.18  from time to time be made.  
  9.19     Subd. 2.  [CORRECTIONAL INMATES FUND.] Any money in the 
  9.20  inmates fund provided for in this section, belonging to inmates 
  9.21  of state institutions under the jurisdiction of the commissioner 
  9.22  of corrections shall forthwith be immediately transferred by the 
  9.23  commissioner of human services to the correctional inmates 
  9.24  inmates' fund created by section 241.08.  
  9.25     Sec. 9.  Minnesota Statutes 2002, section 246.16, is 
  9.26  amended to read: 
  9.27     246.16 [UNCLAIMED MONEY OR PERSONAL PROPERTY OF 
  9.28  INMATES PATIENTS OR RESIDENTS.] 
  9.29     Subdivision 1.  [UNCLAIMED MONEY.] When there money has 
  9.30  heretofore accumulated or shall hereafter accumulate in the 
  9.31  hands of the superintendent of any state institution head of the 
  9.32  state-operated services facility or designee under the 
  9.33  jurisdiction of the commissioner of human services money 
  9.34  belonging to inmates patients or residents of such the 
  9.35  institution who have died therein there, or 
  9.36  disappeared therefrom from there, and for which money there is 
 10.1   no claimant or person entitled thereto to the money known to the 
 10.2   superintendent, such head of the state-operated services 
 10.3   facility or designee the money may, at the discretion of such 
 10.4   superintendent the head of the state-operated services facility 
 10.5   or designee, to be expended under the direction of the 
 10.6   superintendent head of the state-operated services facility or 
 10.7   designee for the amusement, entertainment, and general benefit 
 10.8   of the inmates patients or residents of such the institution.  
 10.9   No money shall be so used until it shall have has remained 
 10.10  unclaimed for at least five years.  If, at any time after the 
 10.11  expiration of the five years, the legal heirs of the inmate 
 10.12  shall patients or residents appear and make proper proof of such 
 10.13  heirship, they shall be entitled to receive from the state 
 10.14  treasurer such the sum of money as shall have been expended by 
 10.15  the superintendent head of the state-operated services facility 
 10.16  or designee belonging to the inmate patient or resident. 
 10.17     Subd. 2.  [UNCLAIMED PERSONAL PROPERTY.] When any 
 10.18  inmate patient or resident of a state institution state-operated 
 10.19  services facility under the jurisdiction of the commissioner of 
 10.20  human services has died or disappeared therefrom, or hereafter 
 10.21  shall die or disappear therefrom dies or disappears from the 
 10.22  state-operated services facility, leaving personal property 
 10.23  exclusive of money in the custody of the superintendent thereof 
 10.24  personal property, exclusive of money, which head of the 
 10.25  state-operated services facility or designee and the property 
 10.26  remains unclaimed for a period of two years, and there is with 
 10.27  no person entitled thereto to the property known to the 
 10.28  superintendent head of the state-operated services or designee, 
 10.29  the superintendent or an agent head of the state-operated 
 10.30  services facility or designee may sell such the property at 
 10.31  public auction.  Notice of such the sale shall be published for 
 10.32  two consecutive weeks in a legal newspaper in the county wherein 
 10.33  where the institution state-operated services facility is 
 10.34  located and shall state the time and place of such the sale.  
 10.35  The proceeds of the sale, after deduction of the costs of 
 10.36  publication and auction, may be expended, at the discretion of 
 11.1   the superintendent head of the state-operated services facility 
 11.2   or designee, for the entertainment and benefit of the inmates 
 11.3   patients or residents of such institution the state-operated 
 11.4   services facility.  Any inmate patient or resident, or heir or 
 11.5   representative of the inmate patient or resident, may file with, 
 11.6   and make proof of ownership to, the superintendent head of the 
 11.7   state-operated services facility or designee of the institution 
 11.8   state-operated services facility disposing of such the personal 
 11.9   property within four years after such the sale, and, upon proof 
 11.10  satisfactory proof to such superintendent the head of the 
 11.11  state-operated services or designee, shall certify for payment 
 11.12  to the state treasurer the amount received by the sale of such 
 11.13  the property.  No suit shall be brought for damages consequent 
 11.14  to the disposal of personal property or use of money in 
 11.15  accordance with this section against the state or any official, 
 11.16  employee, or agent thereof.  
 11.17     Sec. 10.  Minnesota Statutes 2002, section 246.57, 
 11.18  subdivision 1, is amended to read: 
 11.19     Subdivision 1.  [AUTHORIZED.] The commissioner of human 
 11.20  services may authorize any state state-operated services 
 11.21  facility operated under the authority of the commissioner to 
 11.22  enter into agreement with other governmental entities and both 
 11.23  nonprofit and for-profit organizations for participation in 
 11.24  shared service agreements that would be of mutual benefit to the 
 11.25  state, other governmental entities and organizations involved, 
 11.26  and the public.  Notwithstanding section 16C.05, subdivision 2, 
 11.27  the commissioner of human services may delegate the execution of 
 11.28  shared services contracts to the chief executive officers of the 
 11.29  regional centers or state operated nursing homes.  No additional 
 11.30  employees shall be added to the legislatively approved 
 11.31  complement for any regional center or state nursing home as a 
 11.32  result of entering into any shared service agreement.  However, 
 11.33  Positions funded by a shared service agreement may be are 
 11.34  authorized by the commissioner of finance for the duration of 
 11.35  the shared service agreement.  The charges for the services 
 11.36  shall be on an actual cost basis.  All receipts for shared 
 12.1   services may be retained by the regional treatment center or 
 12.2   state-operated nursing home service that provided the services, 
 12.3   in addition to other funding the regional treatment center or 
 12.4   state-operated nursing home receives. 
 12.5      Sec. 11.  Minnesota Statutes 2002, section 246.57, 
 12.6   subdivision 4, is amended to read: 
 12.7      Subd. 4.  [SHARED STAFF OR SERVICES.] The commissioner of 
 12.8   human services may authorize a regional treatment center 
 12.9   state-operated services facility to provide staff or services to 
 12.10  Camp Confidence in return for services to, or use of the camp's 
 12.11  facilities by, residents of the treatment center facility who 
 12.12  have mental retardation or a related condition. 
 12.13     Sec. 12.  Minnesota Statutes 2002, section 246.57, 
 12.14  subdivision 6, is amended to read: 
 12.15     Subd. 6.  [DENTAL SERVICES.] The commissioner of human 
 12.16  services shall authorize any regional treatment center or 
 12.17  state-operated nursing home services facility under the 
 12.18  commissioner's authority to provide dental services to disabled 
 12.19  persons who are eligible for medical assistance and are not 
 12.20  residing at the regional treatment center or state-operated 
 12.21  nursing home, provided that the reimbursement received for these 
 12.22  services is sufficient to cover actual costs.  To provide these 
 12.23  services, regional treatment centers and state-operated nursing 
 12.24  homes state-operated services facilities may participate under 
 12.25  contract with health networks in their service 
 12.26  area.  Notwithstanding section 16C.05, subdivision 2, the 
 12.27  commissioner of human services may delegate the execution of 
 12.28  these dental services contracts to the chief executive officers 
 12.29  of the regional centers or state-operated nursing 
 12.30  homes.  State-operated services facilities providing dental 
 12.31  services must ensure adequate geographic access to these 
 12.32  services.  All receipts for these dental services shall be 
 12.33  retained by the regional treatment center or state-operated 
 12.34  nursing home that provides the services and shall be in addition 
 12.35  to other funding the regional treatment center or state-operated 
 12.36  nursing home receives. 
 13.1      Sec. 13.  Minnesota Statutes 2002, section 246.71, 
 13.2   subdivision 4, is amended to read: 
 13.3      Subd. 4.  [EMPLOYEE OF A SECURE TREATMENT FACILITY OR 
 13.4   EMPLOYEE.] "Employee of a secure treatment facility" or 
 13.5   "employee" means an employee of the Minnesota security hospital 
 13.6   or a secure treatment facility operated by the Minnesota sexual 
 13.7   psychopathic personality treatment center sex offender program. 
 13.8      Sec. 14.  Minnesota Statutes 2002, section 246.71, 
 13.9   subdivision 5, is amended to read: 
 13.10     Subd. 5.  [SECURE TREATMENT FACILITY.] "Secure treatment 
 13.11  facility" means the Minnesota security hospital or the Minnesota 
 13.12  sexual psychopathic personality treatment center and the 
 13.13  Minnesota sex offender program facility in Moose Lake and any 
 13.14  portion of the Minnesota sex offender program operated by the 
 13.15  Minnesota sex offender program at the Minnesota security 
 13.16  hospital.  
 13.17     Sec. 15.  Minnesota Statutes 2002, section 246B.02, is 
 13.18  amended to read: 
 13.19     246B.02 [ESTABLISHMENT OF MINNESOTA SEXUAL PSYCHOPATHIC 
 13.20  PERSONALITY TREATMENT CENTER SEX OFFENDER PROGRAM.] 
 13.21     The commissioner of human services shall establish and 
 13.22  maintain a secure facility located in Moose Lake.  The facility 
 13.23  shall be known as shall be operated by the Minnesota Sexual 
 13.24  Psychopathic Personality Treatment Center sex offender program.  
 13.25  The facility program shall provide care and treatment in secure 
 13.26  treatment facilities to 100 persons committed by the courts as 
 13.27  sexual psychopathic personalities or sexually dangerous persons, 
 13.28  or persons admitted there with the consent of the commissioner 
 13.29  of human services. 
 13.30     Sec. 16.  Minnesota Statutes 2002, section 246B.03, is 
 13.31  amended to read: 
 13.32     246B.03 [LICENSURE.] 
 13.33     The commissioner of human services shall apply to the 
 13.34  commissioner of health to license the secure treatment 
 13.35  facilities operated by the Minnesota Sexual Psychopathic 
 13.36  Personality Treatment Center sex offender program as a 
 14.1   supervised living facility facilities with applicable program 
 14.2   licensing standards. 
 14.3      Sec. 17.  Minnesota Statutes 2002, section 246B.04, is 
 14.4   amended to read: 
 14.5      246B.04 [RULES; EVALUATION.] 
 14.6      The commissioner of human services shall adopt rules to 
 14.7   govern the operation, maintenance, and licensure of the secure 
 14.8   treatment facilities operated by the Minnesota sex offender 
 14.9   program established at the Minnesota Sexual Psychopathic 
 14.10  Personality Treatment Center, or at any other facility operated 
 14.11  by the commissioner, for persons committed as a sexual 
 14.12  psychopathic personality or sexually dangerous person.  The 
 14.13  commissioner shall establish an evaluation process to measure 
 14.14  outcomes and behavioral changes as a result of treatment 
 14.15  compared with incarceration without treatment, to determine the 
 14.16  value, if any, of treatment in protecting the public. 
 14.17     Sec. 18.  Minnesota Statutes 2002, section 252.025, 
 14.18  subdivision 7, is amended to read: 
 14.19     Subd. 7.  [MINNESOTA EXTENDED TREATMENT OPTIONS.] The 
 14.20  commissioner shall develop by July 1, 1997, the Minnesota 
 14.21  extended treatment options to serve Minnesotans who have mental 
 14.22  retardation and exhibit severe behaviors which present a risk to 
 14.23  public safety.  This program must provide specialized 
 14.24  residential services on the Cambridge campus in Cambridge and an 
 14.25  array of community support services statewide. 
 14.26     Sec. 19.  Minnesota Statutes 2002, section 252.06, is 
 14.27  amended to read: 
 14.28     252.06 [SHERIFF TO TRANSPORT PERSONS WITH MENTAL 
 14.29  RETARDATION.] 
 14.30     It shall be the duty of the sheriff of any county, upon the 
 14.31  request of the commissioner of human services, to take charge of 
 14.32  and, transport, and deliver any person with mental retardation 
 14.33  who has been committed by the district court of any county to 
 14.34  the care and custody of the commissioner of human services 
 14.35  to such state hospital a state-operated services facility as may 
 14.36  be designated by the commissioner of human services and there 
 15.1   deliver such person to the chief executive officer of the state 
 15.2   hospital.  
 15.3      Sec. 20.  Minnesota Statutes 2002, section 253.015, 
 15.4   subdivision 1, is amended to read: 
 15.5      Subdivision 1.  [STATE HOSPITALS STATE-OPERATED SERVICES 
 15.6   FOR PERSONS WITH MENTAL ILLNESS.] The state hospitals 
 15.7   state-operated services facilities located at Anoka, Brainerd, 
 15.8   Fergus Falls, St. Peter, and Willmar, and Moose Lake until June 
 15.9   30, 1995, shall constitute the state hospitals state-operated 
 15.10  services facilities for persons with mental illness, and shall 
 15.11  be maintained under the general management of the commissioner 
 15.12  of human services.  The commissioner of human services shall 
 15.13  determine to what state hospital state-operated services 
 15.14  facility persons with mental illness shall be committed from 
 15.15  each county and notify the judge exercising probate jurisdiction 
 15.16  thereof, and of changes made from time to time.  The chief 
 15.17  executive officer of each hospital for persons with mental 
 15.18  illness shall be known as the chief executive officer.  
 15.19     Sec. 21.  Minnesota Statutes 2002, section 253.017, is 
 15.20  amended to read: 
 15.21     253.017 [TREATMENT PROVIDED BY REGIONAL TREATMENT CENTERS 
 15.22  STATE-OPERATED SERVICES.] 
 15.23     Subdivision 1.  [ACTIVE PSYCHIATRIC TREATMENT.] The 
 15.24  regional treatment centers state-operated services shall provide 
 15.25  active psychiatric treatment according to contemporary 
 15.26  professional standards.  Treatment must be designed to: 
 15.27     (1) stabilize the individual and the symptoms that required 
 15.28  hospital admission; 
 15.29     (2) restore individual functioning to a level permitting 
 15.30  return to the community; 
 15.31     (3) strengthen family and community support; and 
 15.32     (4) facilitate discharge, after care, and follow-up as 
 15.33  patients return to the community. 
 15.34     Subd. 2.  [NEED FOR SERVICES.] The commissioner shall 
 15.35  determine the need for the psychiatric services provided by the 
 15.36  department based upon individual needs assessments of persons in 
 16.1   the regional treatment centers state-operated services as 
 16.2   required by section 245.474, subdivision 2, and an evaluation 
 16.3   of:  (1) regional treatment center state-operated service 
 16.4   programs, (2) programs needed in the region for persons who 
 16.5   require hospitalization, and (3) available epidemiologic data.  
 16.6   Throughout its planning and implementation, the assessment 
 16.7   process must be discussed with the state advisory council on 
 16.8   mental health in accordance with its duties under section 
 16.9   245.697.  Continuing assessment of this information must be 
 16.10  considered in planning for and implementing changes in 
 16.11  state-operated programs and facilities for persons with mental 
 16.12  illness.  By January 31, 1990, the commissioner shall submit a 
 16.13  proposal for renovation or new construction of the facilities at 
 16.14  Anoka, Brainerd, Moose Lake, and Fergus Falls.  Expansion may be 
 16.15  considered only after a thorough analysis of need and in 
 16.16  conjunction with a comprehensive mental health plan. 
 16.17     Subd. 3.  [DISSEMINATION OF ADMISSION AND STAY CRITERIA.] 
 16.18  The commissioner shall periodically disseminate criteria for 
 16.19  admission and continued stay in a regional treatment center and 
 16.20  security hospital state-operated services facility.  The 
 16.21  commissioner shall disseminate the criteria to the courts of the 
 16.22  state and counties. 
 16.23     Sec. 22.  Minnesota Statutes 2002, section 253.20, is 
 16.24  amended to read: 
 16.25     253.20 [MINNESOTA SECURITY HOSPITAL.] 
 16.26     The commissioner of human services is hereby authorized and 
 16.27  directed to shall erect, equip, and maintain in connection with 
 16.28  a state hospital at St. Peter a suitable building to be known as 
 16.29  the Minnesota Security Hospital, for the purpose of holding in 
 16.30  custody and caring for such persons with mental illness or 
 16.31  mental retardation as providing a secure treatment facility as 
 16.32  defined in section 253B.02, subdivision 18a, for persons who may 
 16.33  be committed thereto there by courts of criminal jurisdiction, 
 16.34  or otherwise, or transferred thereto there by the commissioner 
 16.35  of human services, and for such persons as may be declared 
 16.36  insane who are found to be mentally ill while confined in any 
 17.1   penal institution correctional facility, or who may be found to 
 17.2   be mentally ill and dangerous, and the commissioner shall 
 17.3   supervise and manage the same as in the case of other state 
 17.4   hospitals. 
 17.5      Sec. 23.  Minnesota Statutes 2002, section 253.26, is 
 17.6   amended to read: 
 17.7      253.26 [TRANSFERS OF PATIENTS OR RESIDENTS.] 
 17.8      When any person of the state hospital for patients with 
 17.9   mental illness or residents with mental retardation is found by 
 17.10  the commissioner of human services to have homicidal tendencies 
 17.11  or to be under sentence or indictment or information the person 
 17.12  may be transferred by the commissioner to the Minnesota Security 
 17.13  Hospital for safekeeping and treatment The commissioner of human 
 17.14  services may transfer a committed patient to the Minnesota 
 17.15  Security Hospital following a determination that the patient's 
 17.16  behavior presents a danger to others and treatment in a secure 
 17.17  treatment facility is necessary.  The commissioner shall 
 17.18  establish a written policy creating the transfer criteria. 
 17.19     Sec. 24.  Minnesota Statutes 2002, section 253B.02, 
 17.20  subdivision 18a, is amended to read: 
 17.21     Subd. 18a.  [SECURE TREATMENT FACILITY.] "Secure treatment 
 17.22  facility" means the Minnesota security hospital or the Minnesota 
 17.23  sexual psychopathic personality treatment center and the 
 17.24  Minnesota sex offender program facility in Moose Lake and any 
 17.25  portion of the Minnesota sex offender program operated by the 
 17.26  Minnesota sex offender program at the Minnesota security 
 17.27  hospital, but does not include services or programs administered 
 17.28  by the secure treatment facility outside a secure environment. 
 17.29     Sec. 25.  Minnesota Statutes 2002, section 253B.09, 
 17.30  subdivision 1, is amended to read: 
 17.31     Subdivision 1.  [STANDARD OF PROOF.] (a) If the court finds 
 17.32  by clear and convincing evidence that the proposed patient is a 
 17.33  person who is mentally ill, mentally retarded, or chemically 
 17.34  dependent and after careful consideration of reasonable 
 17.35  alternative dispositions, including but not limited to, 
 17.36  dismissal of petition, voluntary outpatient care, voluntary 
 18.1   admission to a treatment facility, appointment of a guardian or 
 18.2   conservator, or release before commitment as provided for in 
 18.3   subdivision 4, it finds that there is no suitable alternative to 
 18.4   judicial commitment, the court shall commit the patient to the 
 18.5   least restrictive treatment program or alternative programs 
 18.6   which can meet the patient's treatment needs consistent with 
 18.7   section 253B.03, subdivision 7.  
 18.8      (b) In deciding on the least restrictive program, the court 
 18.9   shall consider a range of treatment alternatives including, but 
 18.10  not limited to, community-based nonresidential treatment, 
 18.11  community residential treatment, partial hospitalization, acute 
 18.12  care hospital, and regional treatment center services.  The 
 18.13  court shall also consider the proposed patient's treatment 
 18.14  preferences and willingness to participate voluntarily in the 
 18.15  treatment ordered.  The court may not commit a patient to a 
 18.16  facility or program that is not capable of meeting the patient's 
 18.17  needs.  
 18.18     (c) If the commitment as mentally ill, chemically 
 18.19  dependent, or mentally retarded is to a service provided by the 
 18.20  commissioner of human services, the court shall order the 
 18.21  commitment to the commissioner.  The commissioner shall 
 18.22  designate the placement of the person to the court. 
 18.23     (d) If the court finds a proposed patient to be a person 
 18.24  who is mentally ill under section 253B.02, subdivision 13, 
 18.25  paragraph (a), clause (2) or (4), the court shall commit to a 
 18.26  community-based program that meets the proposed patient's 
 18.27  needs.  For purposes of this paragraph, a community-based 
 18.28  program may include inpatient mental health services at a 
 18.29  community hospital. 
 18.30     Sec. 26.  [REVISOR'S INSTRUCTION.] 
 18.31     For Minnesota Statutes and Minnesota Rules affected by the 
 18.32  repealed sections in this act, the revisor shall delete internal 
 18.33  cross-references where appropriate and make changes necessary to 
 18.34  correct the punctuation, grammar, or structure of the remaining 
 18.35  text and preserve its meaning. 
 18.36     Sec. 27.  [REPEALER.] 
 19.1      Minnesota Statutes 2002, sections 246.017, subdivision 2; 
 19.2   246.022; 246.06; 246.07; 246.08; 246.11; 246.19; 246.42; 
 19.3   252.025, subdivisions 1, 2, 4, 5, and 6; 252.032; 252.10; 
 19.4   253.015, subdivisions 2 and 3; 253.10; 253.19; 253.201; 253.202; 
 19.5   253.25; 253.27; 256.05; 256.06; 256.08; 256.09; 256.10; and 
 19.6   268A.08, are repealed.