HF 233

as introduced - 89th Legislature (2015 - 2016) Posted on 04/07/2015 12:25pm

A bill for an act
relating to civil commitment; clarifying the alternative to use of interactive
video conference in civil commitment hearings; amending Minnesota Statutes
2014, sections 253B.08, subdivision 2a; 253B.12, subdivision 2a; 253D.28,
subdivision 2.

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

Section 1.

Minnesota Statutes 2014, section 253B.08, subdivision 2a, is amended to
read:

Subd. 2a.

Place of hearing.

The hearing shall be conducted in a manner consistent
with orderly procedure. The hearing shall be held at a courtroom meeting standards
prescribed by local court rule which may be at a treatment facility. new text begin The hearing may be
conducted by interactive video conference under General Rules of Practice, rule 131, and
Minnesota Rules of Civil Commitment, rule 14.
new text end

Sec. 2.

Minnesota Statutes 2014, section 253B.12, subdivision 2a, is amended to read:

Subd. 2a.

Time new text begin and place new text end for hearing.

new text begin (a) new text end Unless the proceedings are terminated
under subdivision 1, paragraph (e), a review hearing must be held within 14 days after
receipt by the committing court of the report required under subdivision 1, paragraph (c)
or (d), and before the time the commitment expires. For good cause shown, the court
may continue the hearing for up to an additional 14 days and extend any orders until
the review hearing is held.

new text begin (b) new text end The patient, the patient's counsel, the petitioner, and other persons as the court
directs must be given at least five days' notice of the time and place of the hearing. new text begin
The hearing may be conducted by interactive video conference under General Rules of
Practice, rule 131, and Minnesota Rules of Civil Commitment, rule 14.
new text end

Sec. 3.

Minnesota Statutes 2014, section 253D.28, subdivision 2, is amended to read:

Subd. 2.

Procedure.

(a) The Supreme Court shall refer a petition for rehearing and
reconsideration to the chief judge of the judicial appeal panel. The chief judge shall notify
the committed person, the county attorneys of the county of commitment and county of
financial responsibility, the commissioner, the executive director, any interested person,
and other persons the chief judge designates, of the time and place of the hearing on
the petition. The notice shall be given at least 14 days prior to the date of the hearing. new text begin
The hearing may be conducted by interactive video conference under General Rules of
Practice, rule 131, and Minnesota Rules of Civil Commitment, rule 14.
new text end

(b) Any person may oppose the petition. The committed person, the committed
person's counsel, the county attorneys of the committing county and county of financial
responsibility, and the commissioner shall participate as parties to the proceeding pending
before the judicial appeal panel and shall, no later than 20 days before the hearing on the
petition, inform the judicial appeal panel and the opposing party in writing whether they
support or oppose the petition and provide a summary of facts in support of their position.

(c) The judicial appeal panel may appoint examiners and may adjourn the hearing
from time to time. It shall hear and receive all relevant testimony and evidence and make
a record of all proceedings. The committed person, the committed person's counsel, and
the county attorney of the committing county or the county of financial responsibility have
the right to be present and may present and cross-examine all witnesses and offer a factual
and legal basis in support of their positions.

(d) The petitioning party seeking discharge or provisional discharge bears the
burden of going forward with the evidence, which means presenting a prima facie case
with competent evidence to show that the person is entitled to the requested relief. If
the petitioning party has met this burden, the party opposing discharge or provisional
discharge bears the burden of proof by clear and convincing evidence that the discharge or
provisional discharge should be denied.

(e) A party seeking transfer under section 253D.29 must establish by a preponderance
of the evidence that the transfer is appropriate.