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 1.25hospitals for the mentally illstate-operated services 1.26 facilities under the commissioner's control as special care 1.27 unitsfor mentally retarded or inebriate persons, or as nursing1.28homes for persons over the age of 65, and may designate portions1.29of the hospitals designated in Minnesota Statutes 1969, section1.30252.025, subdivision 1, as special care units for mentally ill1.31or inebriate persons, and may plan to develop all hospitals for2.1mentally ill, mentally retarded, or inebriate persons under the2.2commissioner's control as multipurpose regional centers for2.3programs related to all of the said problems. 2.4If approved by the governor, the commissioner may rename2.5the state hospital as a state regional center and appoint the2.6hospital administrator as administrator of the center, in2.7accordance with section 246.0251.2.8The directors of the separate program units of regional2.9centers shall be responsible directly to the commissioner at the2.10discretion 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 single3.13standard of food for patients and employees alike, which is3.14nutritious and palatable together with special diets as3.15prescribed by the medical staff thereof. There shall be a chief3.16dietitian in the department of human services and at least one3.17dietitian at each state hospital. There shall be adequate staff3.18and equipment for processing, preparation, distribution and3.19serving of food.3.20(2) There shall be a staff of persons, professional and3.21lay, sufficient in number, trained in the diagnosis, care and3.22treatment of persons with mental illness, physical illness, and3.23including religious and spiritual counsel through qualified3.24chaplains (who shall be in the unclassified service) adequate to3.25take advantage of and put into practice modern methods of3.26psychiatry, medicine and related field. 3.27(3) There shall be a staff and facilities to provide3.28occupational and recreational therapy, entertainment and other3.29creative activities as are consistent with modern methods of3.30treatment and well being.3.31(4) There shall be in each state hospital for the care and3.32treatment of persons with mental illness facilities for the3.33segregation and treatment of patients and residents who have3.34communicable disease.3.35(5) The commissioner of human services shall provide modern3.36and adequate psychiatric social case work service.4.1(6) The commissioner of human services shall make every4.2effort to improve the accommodations for patients and residents4.3so that the same shall be comfortable and attractive with4.4adequate furnishings, clothing, and supplies.4.5(7) The commissioner of human services shall establish4.6training programs for the training of personnel and may require4.7the participation of personnel in such programs. Within the4.8limits of the appropriations available the commissioner may4.9establish professional training programs in the forms of4.10educational stipends for positions for which there is a scarcity4.11of applicants.4.12(8) The standards herein established shall be adapted and4.13applied to the diagnosis, care and treatment of persons with4.14chemical dependency or mental retardation who come within those4.15terms as defined in the laws relating to the hospitalization and4.16commitment of such persons, and of persons who have sexual4.17psychopathic personalities or are sexually dangerous persons as4.18defined in chapter 253B.4.19(9) The commissioner of human services shall establish a4.20program of detection, diagnosis and treatment of persons with4.21mental illness and persons described in clause (8), and within4.22the limits of appropriations may establish clinics and staff the4.23same with persons specially trained in psychiatry and related4.24fields.4.25(10) The commissioner of employee relations may reclassify4.26employees of the state hospitals from time to time, and assign4.27classifications to such salary brackets as will adequately4.28compensate personnel and reasonably assure a continuity of4.29adequate staff.4.30(11) In addition to the chaplaincy services, provided in4.31clause (2), the commissioner of human services shall open said4.32state hospitals to members of the clergy and other spiritual4.33leaders to the end that religious and spiritual counsel and4.34services are made available to the patients and residents4.35therein, and shall cooperate with all members of the clergy and4.36other spiritual leaders in making said patients and residents5.1available for religious and spiritual counsel, and shall provide5.2such members of the clergy and other spiritual leaders with5.3meals and accommodations.5.4(12) Within the limits of the appropriations therefor, the5.5commissioner of human services shall establish and provide5.6facilities and equipment for research and study in the field of5.7modern hospital management, the causes of mental and related5.8illness and the treatment, diagnosis and care of persons with5.9mental illness and funds provided therefor may be used to make5.10available services, abilities and advice of leaders in these and5.11related fields, and may provide them with meals and5.12accommodations and compensate them for traveling expenses and5.13services.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 appropriations5.17available,The commissioner of human services may authorize 5.18 state-operated services to provide consultative services for 5.19 courts,andstate 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 astate hospital or institution,state-operated services 5.23 facility. State-operated services may also promote and conduct 5.24 programs of educationfor the people of the staterelating to 5.25the problem ofmental healthand 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 5.28other than thosenot appropriated by the legislature, which may 5.29 be made available to the state for mental healthand mental5.30hygienepurposes. 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 appointa 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,the6.16assistant commissioner of mental health,community mental health 6.17 center directors, and theregional treatment center governing6.18bodiesstate-operated services governing body to develop 6.19 standards for treatment and care of patients inregional6.20treatment centers and outpatientstate-operated service 6.21 programs; 6.22 (4) develop and oversee a continuing education program for 6.23 members of theregional treatment centermedical staff; and 6.24 (5)consult with the commissioner on the appointment of the6.25chief executive officers for regional treatment centers; and6.26(6)participate and cooperate in the development and 6.27 maintenance of a quality assurance program forregional6.28treatment centersstate-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 CENTERSTATE-OPERATED 6.35 SERVICES MEDICAL STAFF.] (a) Thecommissioner of human services6.36 medical director shall establish aregional treatment center7.1 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 theregional7.4treatment centermedical staff, shall: 7.5 (1) establish standards and define qualifications for 7.6 physicians who care for residents inregional treatment7.7centersstate-operated services; 7.8 (2) monitor the performance of physicians who care for 7.9 residents inregional treatment centersstate-operated services; 7.10 and 7.11 (3) recommend to the commissioner changes in procedures for 7.12 operatingregional treatment centersstate-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 OF7.18HUMANIN 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 thestate hospitals7.24 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 ofsuchthe person when the person left thestate7.28hospital,state-operated services facility; and the date and 7.29 cause of all deaths. The record shall state every transfer from 7.30 onestate hospitalstate-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 publicand privateagency, along withsuchother obtainable 7.34 facts as the commissioner mayfrom time to timerequire.The7.35chief executive officer of each such state hospital, within ten7.36days after the commitment or entrance thereto of a patient or8.1resident, shall cause a true copy of an entrance record to be8.2forwarded to the commissioner of human services.When a patient 8.3 or residentleaves,in a state-operated services facility is 8.4 dischargedor, transferred, or diesin any state hospital, 8.5 thechief executive officer, or other person in chargehead 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 daysthereafteron forms furnished by the commissioner. 8.9The commissioner of human services may authorize the chief8.10executive officer of any state hospital for persons with mental8.11illness or mental retardation, to release to public or private8.12medical personnel, hospitals, clinics, local social services8.13agencies or other specifically designated interested persons or8.14agencies any information regarding any patient or resident8.15thereat, if, in the opinion of the commissioner, it will be for8.16the 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 OFINMATES OF PUBLIC WELFARE INSTITUTIONS8.20 PATIENTS OR RESIDENTS.] 8.21 Subdivision 1. [RECORD KEEPING OF MONEY.] Thechief8.22executive officer of each institutionhead of the state-operated 8.23 services facility or designee under the jurisdiction of the 8.24 commissioner of human servicesshallmay have the care and 8.25 custody of all money belonging toinmates thereofpatients or 8.26 residents which may come into thechief executive officer'shead 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 accountsthereofof the money, and pay them 8.30 out under rules prescribed by law or by the commissioner of 8.31 human services, taking vouchersthereforfor the money. 8.32 Allsuchmoney received by any officer or employee shall be paid 8.33 to thechief executive officer forthwithhead of the 8.34 state-operated services facility or designee immediately. Every 8.35such executive officerhead of the state-operated services 8.36 facility or designee, at the close of each month, oroftener9.1 earlier if required by the commissioner, shall forward to the 9.2 commissioner a statement of the amount of all moneysoreceived 9.3 and the names of theinmatespatients or residents from whom 9.4 received, accompanied by a check for the amount, payable to the 9.5 state treasurer. On receipt ofsuchthe statement, the 9.6 commissioner shall transmit thesamestatement along with a 9.7 check to the commissioner of finance, together with such check, 9.8 who shall deliver thesamestatement and check to the state 9.9 treasurer. Upon the payment ofsuchthe check, the amount shall 9.10 be credited to a fund to be known as "InmatesClient Fund," for 9.11 the institution from which thesamecheck was received. All 9.12suchfunds shall be paid out by the state treasurer upon 9.13 vouchers duly approved by the commissioner of human servicesas9.14in other cases. The commissioner may permit a contingent fund 9.15 to remain in the hands of theexecutive officerhead of the 9.16 state-operated services facility or designee ofany suchthe 9.17 institution from which necessaryexpenditureexpenditures may 9.18from time to timebe 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 shallforthwithbe immediately transferred by the 9.23 commissioner of human services to the correctionalinmates9.24 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 9.28INMATESPATIENTS OR RESIDENTS.] 9.29 Subdivision 1. [UNCLAIMED MONEY.] Whentheremoney has 9.30heretoforeaccumulatedor shall hereafter accumulatein the 9.31 hands of thesuperintendent of any state institutionhead 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 toinmatespatients or residents ofsuchthe 9.35 institution who have diedthereinthere, or 9.36 disappearedtherefromfrom there, and for whichmoneythere is 10.1 no claimant or person entitledtheretoto the money known to the 10.2superintendent, suchhead of the state-operated services 10.3 facility or designee the money may, at the discretion ofsuch10.4superintendentthe head of the state-operated services facility 10.5 or designee,tobe expended under the direction of the 10.6superintendenthead of the state-operated services facility or 10.7 designee for theamusement, entertainment, and generalbenefit 10.8 of theinmatespatients or residents ofsuchthe institution. 10.9 No money shall besoused until itshall havehas 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 theinmate10.12shallpatients or residents appear and make proper proof ofsuch10.13 heirship, they shall be entitled to receive from the state 10.14 treasurersuchthe sum of moneyas shall have beenexpended by 10.15 thesuperintendenthead of the state-operated services facility 10.16 or designee belonging to theinmatepatient or resident. 10.17 Subd. 2. [UNCLAIMED PERSONAL PROPERTY.] When any 10.18inmatepatient or resident of astate institutionstate-operated 10.19 services facility under the jurisdiction of the commissioner of 10.20 human serviceshas died or disappeared therefrom, or hereafter10.21shall die or disappear therefromdies or disappears from the 10.22 state-operated services facility, leaving personal property 10.23 exclusive of money in the custody of thesuperintendent thereof10.24personal property, exclusive of money, whichhead 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 iswith 10.27 no person entitledtheretoto the property known to the 10.28superintendenthead of the state-operated services or designee, 10.29 thesuperintendent or an agenthead of the state-operated 10.30 services facility or designee may sellsuchthe property at 10.31 public auction. Notice ofsuchthe sale shall be published for 10.32 two consecutive weeks in a legal newspaper in the countywherein10.33 where theinstitutionstate-operated services facility is 10.34 located and shall state the time and place ofsuchthe 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 thesuperintendenthead of the state-operated services facility 11.2 or designee, for theentertainment andbenefit of theinmates11.3 patients or residents ofsuch institutionthe state-operated 11.4 services facility. Anyinmatepatient or resident, or heir or 11.5 representative of theinmatepatient or resident, may file with, 11.6 and make proof of ownership to, thesuperintendenthead of the 11.7 state-operated services facility or designee of theinstitution11.8 state-operated services facility disposing ofsuchthe personal 11.9 property within four years aftersuchthe sale, and, uponproof11.10 satisfactory proof tosuch superintendentthe 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 ofsuch11.13 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 anystatestate-operated services 11.21 facilityoperated under the authority of the commissionerto 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 2,11.27the commissioner of human services may delegate the execution of11.28shared services contracts to the chief executive officers of the11.29regional centers or state operated nursing homes. No additional11.30employees shall be added to the legislatively approved11.31complement for any regional center or state nursing home as a11.32result of entering into any shared service agreement. However,11.33 Positions funded by a shared service agreementmay beare 11.34 authorizedby the commissioner of financefor 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 theregional treatment center or12.2 state-operatednursing homeservice that provided the services,12.3in addition to other funding the regional treatment center or12.4state-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 aregional treatment center12.9 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 thetreatment centerfacility 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 anyregional treatment center or12.17 state-operatednursing homeservices 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 nursing12.24homesstate-operated services facilities may participate under 12.25 contract with health networks in their service 12.26 area.Notwithstanding section 16C.05, subdivision 2, the12.27commissioner of human services may delegate the execution of12.28these dental services contracts to the chief executive officers12.29of the regional centers or state-operated nursing12.30homes.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 Minnesotasexual13.7psychopathic personality treatment centersex 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 hospitalor the Minnesota13.12sexual psychopathic personality treatment centerand 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 MINNESOTASEXUAL PSYCHOPATHIC13.20PERSONALITY TREATMENT CENTERSEX OFFENDER PROGRAM.] 13.21 The commissioner of human services shall establish and 13.22 maintain a secure facility located in Moose Lake. The facility 13.23shall be known asshall be operated by the MinnesotaSexual13.24Psychopathic Personality Treatment Centersex offender program. 13.25 Thefacilityprogram shall provide care and treatment in secure 13.26 treatment facilities to100persons 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 MinnesotaSexual Psychopathic13.36Personality Treatment Centersex offender program asa14.1 supervised livingfacilityfacilities 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 ofthesecure 14.8 treatment facilities operated by the Minnesota sex offender 14.9 programestablished at the Minnesota Sexual Psychopathic14.10Personality 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 serviceson the Cambridge campusin 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 PERSONSWITH MENTAL14.29RETARDATION.] 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 14.32and, transport, and deliver any personwith mental retardation14.33 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 tosuch state hospitala state-operated services facility as may 14.36 be designated by the commissioner of human servicesand there15.1deliver such person to the chief executive officer of the state15.2hospital. 15.3 Sec. 20. Minnesota Statutes 2002, section 253.015, 15.4 subdivision 1, is amended to read: 15.5 Subdivision 1. [STATE HOSPITALSSTATE-OPERATED SERVICES 15.6 FOR PERSONS WITH MENTAL ILLNESS.] Thestate hospitals15.7 state-operated services facilities located at Anoka, Brainerd, 15.8 Fergus Falls, St. Peter, and Willmar, and Moose Lake until June15.930, 1995,shall constitute thestate hospitalsstate-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 whatstate hospitalstate-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 chief15.17executive officer of each hospital for persons with mental15.18illness 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 BYREGIONAL TREATMENT CENTERS15.22 STATE-OPERATED SERVICES.] 15.23 Subdivision 1. [ACTIVE PSYCHIATRIC TREATMENT.] The 15.24regional treatment centersstate-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 theregional treatment centersstate-operated services as 16.2 required by section 245.474, subdivision 2, and an evaluation 16.3 of: (1)regional treatment centerstate-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 a16.13proposal for renovation or new construction of the facilities at16.14Anoka, 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 aregional treatment center and16.20security hospitalstate-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 servicesis hereby authorized and16.27directed toshall erect, equip, and maintain inconnection with16.28a state hospital atSt. Peter a suitable building to be known as 16.29 the Minnesota Security Hospital, for the purpose ofholding in16.30custody and caring for such persons with mental illness or16.31mental retardation asproviding a secure treatment facility as 16.32 defined in section 253B.02, subdivision 18a, for persons who may 16.33 be committedtheretothere by courtsof criminal jurisdiction, 16.34 or otherwise, or transferredtheretothere by the commissioner 16.35 of human services, and forsuchpersonsas may be declared16.36insanewho are found to be mentally ill while confined in any 17.1penal institutioncorrectional 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.] 17.8When any person of the state hospital for patients with17.9mental illness or residents with mental retardation is found by17.10the commissioner of human services to have homicidal tendencies17.11or to be under sentence or indictment or information the person17.12may be transferred by the commissioner to the Minnesota Security17.13Hospital for safekeeping and treatmentThe 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 hospitalor the Minnesota17.23sexual psychopathic personality treatment centerand 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.