HF 1993

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; establishing a mental 
  1.3             health court pilot program for criminal offenders in 
  1.4             the second judicial district; authorizing the sharing 
  1.5             of certain corrections and detention data for 
  1.6             supervision purposes; appropriating money; amending 
  1.7             Minnesota Statutes 2000, section 13.85, subdivision 2. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2000, section 13.85, 
  1.10  subdivision 2, is amended to read: 
  1.11     Subd. 2.  [CORRECTIONS AND DETENTION PRIVATE DATA.] (a) 
  1.12  Unless the data are summary data or arrest data, or a statute 
  1.13  specifically provides a different classification, corrections 
  1.14  and detention data on individuals are classified as private 
  1.15  pursuant to section 13.02, subdivision 12, to the extent that 
  1.16  the release of the data would either (a):  (1) disclose medical, 
  1.17  psychological, or financial information, or personal information 
  1.18  not related to their lawful confinement or detainment; or 
  1.19  (b) (2) endanger an individual's life. 
  1.20     (b) Notwithstanding paragraph (a), medical or psychological 
  1.21  data may be disclosed to a court services department, parole or 
  1.22  probation authority, or state or local correctional agency or 
  1.23  facility that has supervision over the individual subject of the 
  1.24  data, to the extent the data relate to treatment, 
  1.25  rehabilitation, counseling, or other needs of the individual 
  1.26  that reasonably need to be addressed as a condition of the 
  2.1   supervision.  
  2.2      Sec. 2.  [CRIMINAL OFFENDER MENTAL HEALTH COURT PILOT 
  2.3   PROGRAM.] 
  2.4      Subdivision 1.  [ESTABLISHMENT.] A criminal offender mental 
  2.5   health court pilot program is established in the second judicial 
  2.6   district for the purpose of screening criminal offenders for 
  2.7   mental illness and facilitating and enforcing compliance with 
  2.8   medication needs and requirements.  The program may include 
  2.9   offenders who: 
  2.10     (1) are sentenced for an offense within the district and 
  2.11  placed on probation or who are placed on supervised release and 
  2.12  will reside in the district; and 
  2.13     (2) are required to comply with mental illness medication 
  2.14  treatment requirements as a condition of probation or supervised 
  2.15  release. 
  2.16     Subd. 2.  [PROGRAM COMPONENTS.] The second judicial 
  2.17  district shall design and implement the mental health court 
  2.18  pilot program in cooperation with the offices of the county 
  2.19  attorney and public defender; law enforcement; corrections 
  2.20  officials; community mental health, public health, and human 
  2.21  service organizations; mental health advocates; and community 
  2.22  volunteers.  The program must include:  
  2.23     (1) intake procedures within the court and corrections 
  2.24  system for screening and assessing criminal offenders with a 
  2.25  mental illness that is amenable to treatment with medication; 
  2.26     (2) medication compliance and monitoring components; 
  2.27     (3) increased resources and eligibility for case management 
  2.28  services; 
  2.29     (4) coordination of existing community resources and 
  2.30  referrals to appropriate services; 
  2.31     (5) facilitation of communication from family members and 
  2.32  friends in order to identify behavior problems or failure to 
  2.33  comply with medication requirements; 
  2.34     (6) use of community volunteers to assist in compliance 
  2.35  monitoring, service referrals, and personal support; and 
  2.36     (7) maximization of public and private sources of funding 
  3.1   for medication and treatment. 
  3.2      Subd. 3.  [EVALUATION AND REPORT.] By January 15, 2003, the 
  3.3   second judicial district shall report to the chairs of the 
  3.4   committees of the legislature with jurisdiction over criminal 
  3.5   justice policy with an evaluation of the mental health court 
  3.6   pilot program and recommendations for continued use of the 
  3.7   program in the district and around the state.  The evaluation 
  3.8   must address: 
  3.9      (1) the effectiveness of the program in identifying 
  3.10  criminal offenders with a mental illness and promoting 
  3.11  compliance with medication treatment requirements; 
  3.12     (2) the effect of participation in the program on 
  3.13  rehabilitation or recidivism of the offenders; 
  3.14     (3) the cost-effectiveness of the program and its ability 
  3.15  to utilize public and private resources for implementation of 
  3.16  the program's purposes; and 
  3.17     (4) other issues identified by the second judicial district 
  3.18  and other persons participating in the program. 
  3.19     Sec. 3.  [APPROPRIATION.] 
  3.20     $....... is appropriated from the general fund for the 
  3.21  fiscal year ending June 30, 2002, and $....... is appropriated 
  3.22  from the general fund for the fiscal year ending June 30, 2003, 
  3.23  to the state court administrator, to be distributed to the 
  3.24  second judicial district for the purpose of designing and 
  3.25  implementing the criminal offender mental health court pilot 
  3.26  program under section 2.  This appropriation is contingent upon 
  3.27  the provision of $....... in matching funds from other public or 
  3.28  private sources for purposes of the program.