HF 1774

as introduced - 90th Legislature (2017 - 2018) Posted on 02/27/2017 01:55pm

A bill for an act
relating to civil commitment; requesting a task force to assess civil commitment
laws and procedures.

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

Section 1. new text begin CIVIL COMMITMENT TASK FORCE.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The Supreme Court is requested to establish a task force
to evaluate state civil commitment laws and procedures and related legal and treatment
issues under Minnesota Statutes, chapter 253B.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin (a) The task force shall consist of 24 members and shall include:
new text end

new text begin (1) legal practitioners including at least one judge, a county attorney, a representative
of the attorney general's office, and an attorney who represents individuals with mental
illness in commitment proceedings;
new text end

new text begin (2) parents or other family members of individuals with mental illnesses who have been
committed;
new text end

new text begin (3) a representative from a mental health advocacy group;
new text end

new text begin (4) individuals with mental illnesses who have and have not been committed;
new text end

new text begin (5) mental health service providers, including but not limited to hospitals;
new text end

new text begin (6) representatives of county agencies;
new text end

new text begin (7) representatives of the Department of Human Services Policy and Operations and
Direct Care and Treatment Divisions;
new text end

new text begin (8) representatives from law enforcement agencies;
new text end

new text begin (9) mental health professionals;
new text end

new text begin (10) representatives from Native American tribal courts;
new text end

new text begin (11) two members of the house of representatives, one of whom must be a member of
the minority party, appointed by the speaker of the house; and
new text end

new text begin (12) two members of the senate, one of whom must be a member of the minority party,
appointed by the senate Subcommittee on Committees of the Committee on Rules and
Administration.
new text end

new text begin (b) Members of the task force should represent a cross-section or regions within the
state.
new text end

new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin (a) The duties of the task force shall, at a minimum, include:
new text end

new text begin (1) reviewing and evaluating the current criteria for civil commitment under Minnesota
Statutes, chapter 253B;
new text end

new text begin (2) developing and recommending a protocol regarding the recognition of mental health
advance directives during and following commitment proceedings;
new text end

new text begin (3) developing and recommending standards to ensure due process in civil commitment
procedures, define the separate functions of the parties, and prevent conflicts of interest;
new text end

new text begin (4) developing and recommending standards to ensure consistent training for, and
expertise of, professionals involved in the commitment process;
new text end

new text begin (5) reviewing and evaluating the implementation and interpretation of commitment laws
in different regions of the state;
new text end

new text begin (6) developing and recommending standards to ensure consistent implementation and
interpretation of commitment laws throughout the state;
new text end

new text begin (7) reviewing and evaluating the involvement of family members during and following
commitment proceedings;
new text end

new text begin (8) developing and recommending a list of the rights of individuals with mental illnesses
during and following commitment proceedings;
new text end

new text begin (9) developing and recommending a protocol for individuals with mental illnesses subject
to both guardianship and commitment proceedings;
new text end

new text begin (10) reviewing and evaluating the current criteria for provisional discharges;
new text end

new text begin (11) developing and recommending a protocol for individuals with mental illnesses
subject to commitment proceedings as both mentally ill and chemically dependent; and
new text end

new text begin (12) reviewing and evaluating the current criteria for commitment to community
outpatient programs.
new text end

new text begin (b) At its discretion, the task force may examine other related issues consistent with this
section.
new text end

new text begin Subd. 4. new text end

new text begin Report. new text end

new text begin The task force is requested to submit a report under this section to the
chairs and ranking minority members of the legislative committees with jurisdiction over
health and human services and public safety policy and finance by January 15, 2019.
new text end

new text begin Subd. 5. new text end

new text begin Sunset. new text end

new text begin This task force sunsets the day after submitting its report under
subdivision 4.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end