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HF 2612

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 05/12/2010 08:51pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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A bill for an act
relating to civil commitment; clarifying civil commitment venue; amending
Minnesota Statutes 2008, sections 253B.02, by adding a subdivision; 253B.045,
subdivision 2; 253B.05, subdivision 3; 253B.064, subdivision 1; 253B.07,
subdivisions 1, 2, 2d; 253B.185, subdivision 1; 253B.20, subdivision 4; 253B.23,
subdivision 1, by adding a subdivision; Minnesota Statutes 2009 Supplement,
section 253B.10, subdivision 3.

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

Section 1.

Minnesota Statutes 2008, section 253B.02, is amended by adding a
subdivision to read:


new text begin Subd. 4c. new text end

new text begin County of financial responsibility. new text end

new text begin (a) "County of financial
responsibility" has the meaning specified in chapter 256G. This definition does not require
that the person qualifies for or receives any other form of financial, medical, or social
service assistance in addition to the services under this chapter. Disputes about the county
of financial responsibility shall be submitted to the commissioner of human services to be
determined in the manner prescribed in section 256G.09.
new text end

new text begin (b) For purposes of proper venue for filing a petition pursuant to section 253B.064,
subdivision 1, paragraph (a); 253B.07, subdivision 1, paragraph (a); or 253B.185,
subdivision 1, where the designated agency of a county has determined that it is the county
of financial responsibility, then that county is the county of financial responsibility until a
different determination is made by the appropriate county agencies or the commissioner
pursuant to chapter 256G.
new text end

Sec. 2.

Minnesota Statutes 2008, section 253B.045, subdivision 2, is amended to read:


Subd. 2.

Facilities.

new text begin(a) new text endEach county or a group of counties shall maintain or provide
by contract a facility for confinement of persons held temporarily for observation,
evaluation, diagnosis, treatment, and care. When the temporary confinement is provided
at a regional treatment center, the commissioner shall charge the county of financial
responsibility for the costs of confinement of persons hospitalized under section 253B.05,
subdivisions 1 and 2
, and section 253B.07, subdivision 2b, except that the commissioner
shall bill the responsible health plan first. If the person has health plan coverage, but the
hospitalization does not meet the criteria in subdivision 6 or section 62M.07, 62Q.53,
or 62Q.535, the county is responsible. When a person is temporarily confined in a
Department of Corrections facility solely under subdivision 1a, and not based on any
separate correctional authority:

(1) the commissioner of corrections may charge the county of financial responsibility
for the costs of confinement; and

(2) the Department of Human Services shall use existing appropriations to fund
all remaining nonconfinement costs. The funds received by the commissioner for the
confinement and nonconfinement costs are appropriated to the department for these
purposes.

new text begin (b) For the purposes of this subdivision, new text end"county of financial responsibility" deleted text beginmeans
the county in which the person resides at the time of confinement
deleted text endnew text begin has the meaning
specified in section 253B.02, subdivision 4c,
new text end or, if the person has no residence in this
state, the county which initiated the confinement. The charge for confinement in a facility
operated by the commissioner of human services shall be based on the commissioner's
determination of the cost of care pursuant to section 246.50, subdivision 5. When there is
a dispute as to which county is the county of financial responsibility, the county charged
for the costs of confinement shall pay for them pending final determination of the dispute
over financial responsibility. deleted text beginDisputes about the county of financial responsibility shall be
submitted to the commissioner to be settled in the manner prescribed in section 256G.09.
deleted text end

Sec. 3.

Minnesota Statutes 2008, section 253B.05, subdivision 3, is amended to read:


Subd. 3.

Duration of hold.

(a) Any person held pursuant to this section may be
held up to 72 hours, exclusive of Saturdays, Sundays, and legal holidays after admission.
If a petition for the commitment of the person is filed in the district court in the county
of deleted text beginthe person's residencedeleted text endnew text begin financial responsibilitynew text end or of the county in which the treatment
facility is located, the court may issue a judicial hold order pursuant to section 253B.07,
subdivision 2b
.

(b) During the 72-hour hold period, a court may not release a person held under this
section unless the court has received a written petition for release and held a summary
hearing regarding the release. The petition must include the name of the person being
held, the basis for and location of the hold, and a statement as to why the hold is improper.
The petition also must include copies of any written documentation under subdivision 1
or 2 in support of the hold, unless the person holding the petitioner refuses to supply the
documentation. The hearing must be held as soon as practicable and may be conducted by
means of a telephone conference call or similar method by which the participants are able
to simultaneously hear each other. If the court decides to release the person, the court shall
direct the release and shall issue written findings supporting the decision. The release may
not be delayed pending the written order. Before deciding to release the person, the court
shall make every reasonable effort to provide notice of the proposed release to:

(1) any specific individuals identified in a statement under subdivision 1 or 2 or
individuals identified in the record who might be endangered if the person was not held;

(2) the examiner whose written statement was a basis for a hold under subdivision
1; and

(3) the peace or health officer who applied for a hold under subdivision 2.

(c) If a person is intoxicated in public and held under this section for detoxification,
a treatment facility may release the person without providing notice under paragraph (d)
as soon as the treatment facility determines the person is no longer a danger to themselves
or others. Notice must be provided to the peace officer or health officer who transported
the person, or the appropriate law enforcement agency, if the officer or agency requests
notification.

(d) If a treatment facility releases a person during the 72-hour hold period, the head
of the treatment facility shall immediately notify the agency which employs the peace or
health officer who transported the person to the treatment facility under this section.

(e) A person held under a 72-hour emergency hold must be released by the facility
within 72 hours unless a court order to hold the person is obtained. A consecutive
emergency hold order under this section may not be issued.

Sec. 4.

Minnesota Statutes 2008, section 253B.064, subdivision 1, is amended to read:


Subdivision 1.

General.

(a) An interested person may apply to the designated
agency for early intervention of a proposed patient in the county of deleted text beginthe patient's residence
or presence
deleted text endnew text begin financial responsibility or the county where the patient is presentnew text end. If the
designated agency determines that early intervention may be appropriate, a prepetition
screening report must be prepared pursuant to section 253B.07, subdivision 1. The county
attorney may file a petition for early intervention following the procedures of section
253B.07, subdivision 2.

(b) The proposed patient is entitled to representation by counsel, pursuant to section
253B.03, subdivision 9. The proposed patient shall be examined by an examiner, and has
the right to a second independent examiner, pursuant to section 253B.07, subdivisions
3 and 5
.

Sec. 5.

Minnesota Statutes 2008, section 253B.07, subdivision 1, is amended to read:


Subdivision 1.

Prepetition screening.

(a) Prior to filing a petition for commitment
of or early intervention for a proposed patient, an interested person shall apply to the
designated agency in the county of deleted text beginthe proposed patient's residence or presencedeleted text endnew text begin financial
responsibility or the county where the proposed patient is present
new text end for conduct of a
preliminary investigation, except when the proposed patient has been acquitted of a crime
under section 611.026 and the county attorney is required to file a petition for commitment.
The designated agency shall appoint a screening team to conduct an investigation. The
petitioner may not be a member of the screening team. The investigation must include:

(1) a personal interview with the proposed patient and other individuals who appear
to have knowledge of the condition of the proposed patient. If the proposed patient is not
interviewed, specific reasons must be documented;

(2) identification and investigation of specific alleged conduct which is the basis
for application;

(3) identification, exploration, and listing of the specific reasons for rejecting or
recommending alternatives to involuntary placement;

(4) in the case of a commitment based on mental illness, the following information,
if it is known or available, that may be relevant to the administration of neuroleptic
medications, including the existence of a declaration under section 253B.03, subdivision
6d
, or a health care directive under chapter 145C or a guardian, conservator, proxy, or
agent with authority to make health care decisions for the proposed patient; information
regarding the capacity of the proposed patient to make decisions regarding administration
of neuroleptic medication; and whether the proposed patient is likely to consent or refuse
consent to administration of the medication;

(5) seeking input from the proposed patient's health plan company to provide
the court with information about services the enrollee needs and the least restrictive
alternatives; and

(6) in the case of a commitment based on mental illness, information listed in clause
(4) for other purposes relevant to treatment.

(b) In conducting the investigation required by this subdivision, the screening
team shall have access to all relevant medical records of proposed patients currently in
treatment facilities. The interviewer shall inform the proposed patient that any information
provided by the proposed patient may be included in the prepetition screening report
and may be considered in the commitment proceedings. Data collected pursuant to this
clause shall be considered private data on individuals. The prepetition screening report
is not admissible as evidence except by agreement of counsel or as permitted by this
chapter or the rules of court and is not admissible in any court proceedings unrelated
to the commitment proceedings.

(c) The prepetition screening team shall provide a notice, written in easily understood
language, to the proposed patient, the petitioner, persons named in a declaration under
chapter 145C or section 253B.03, subdivision 6d, and, with the proposed patient's
consent, other interested parties. The team shall ask the patient if the patient wants the
notice read and shall read the notice to the patient upon request. The notice must contain
information regarding the process, purpose, and legal effects of civil commitment and
early intervention. The notice must inform the proposed patient that:

(1) if a petition is filed, the patient has certain rights, including the right to a
court-appointed attorney, the right to request a second examiner, the right to attend
hearings, and the right to oppose the proceeding and to present and contest evidence; and

(2) if the proposed patient is committed to a state regional treatment center or group
home, the patient may be billed for the cost of care and the state has the right to make a
claim against the patient's estate for this cost.

The ombudsman for mental health and developmental disabilities shall develop a
form for the notice which includes the requirements of this paragraph.

(d) When the prepetition screening team recommends commitment, a written report
shall be sent to the county attorney for the county in which the petition is to be filed.
The statement of facts contained in the written report must meet the requirements of
subdivision 2, paragraph (b).

(e) The prepetition screening team shall refuse to support a petition if the
investigation does not disclose evidence sufficient to support commitment. Notice of the
prepetition screening team's decision shall be provided to the prospective petitioner and
to the proposed patient.

(f) If the interested person wishes to proceed with a petition contrary to the
recommendation of the prepetition screening team, application may be made directly to
the county attorney, who shall determine whether or not to proceed with the petition.
Notice of the county attorney's determination shall be provided to the interested party.

(g) If the proposed patient has been acquitted of a crime under section 611.026,
the county attorney shall apply to the designated county agency in the county in which
the acquittal took place for a preliminary investigation unless substantially the same
information relevant to the proposed patient's current mental condition, as could be
obtained by a preliminary investigation, is part of the court record in the criminal
proceeding or is contained in the report of a mental examination conducted in connection
with the criminal proceeding. If a court petitions for commitment pursuant to the Rules of
Criminal or Juvenile Procedure or a county attorney petitions pursuant to acquittal of a
criminal charge under section 611.026, the prepetition investigation, if required by this
section, shall be completed within seven days after the filing of the petition.

Sec. 6.

Minnesota Statutes 2008, section 253B.07, subdivision 2, is amended to read:


Subd. 2.

The petition.

(a) Any interested person, except a member of the prepetition
screening team, may file a petition for commitment in the district court of the county of deleted text beginthe
proposed patient's residence or presence
deleted text endnew text begin financial responsibility or the county where the
proposed patient is present
new text end. If the head of the treatment facility believes that commitment
is required and no petition has been filed, the head of the treatment facility shall petition
for the commitment of the person.

(b) The petition shall set forth the name and address of the proposed patient, the
name and address of the patient's nearest relatives, and the reasons for the petition. The
petition must contain factual descriptions of the proposed patient's recent behavior,
including a description of the behavior, where it occurred, and the time period over which
it occurred. Each factual allegation must be supported by observations of witnesses
named in the petition. Petitions shall be stated in behavioral terms and shall not contain
judgmental or conclusory statements.

(c) The petition shall be accompanied by a written statement by an examiner stating
that the examiner has examined the proposed patient within the 15 days preceding the
filing of the petition and is of the opinion that the proposed patient is suffering a designated
disability and should be committed to a treatment facility. The statement shall include the
reasons for the opinion. In the case of a commitment based on mental illness, the petition
and the examiner's statement shall include, to the extent this information is available, a
statement and opinion regarding the proposed patient's need for treatment with neuroleptic
medication and the patient's capacity to make decisions regarding the administration of
neuroleptic medications, and the reasons for the opinion. If use of neuroleptic medications
is recommended by the treating physician, the petition for commitment must, if applicable,
include or be accompanied by a request for proceedings under section 253B.092. Failure
to include the required information regarding neuroleptic medications in the examiner's
statement, or to include a request for an order regarding neuroleptic medications with the
commitment petition, is not a basis for dismissing the commitment petition. If a petitioner
has been unable to secure a statement from an examiner, the petition shall include
documentation that a reasonable effort has been made to secure the supporting statement.

Sec. 7.

Minnesota Statutes 2008, section 253B.07, subdivision 2d, is amended to read:


Subd. 2d.

Change of venue.

Either party may move to have the venue of the petition
changed to the district court of thenew text begin Minnesotanew text end county deleted text beginof the person's residence, if the person
is a resident of Minnesota
deleted text endnew text begin where the person currently lives, whether independently or
pursuant to a placement. The court shall grant the motion if it determines that the transfer
is appropriate and is in the interests of justice
new text end. If the petition has been filed pursuant to the
Rules of Criminal or Juvenile Procedure, venue may not be changed without the approval
of the court in which the juvenile or criminal proceedings are pending.

Sec. 8.

Minnesota Statutes 2009 Supplement, section 253B.10, subdivision 3, is
amended to read:


Subd. 3.

Notice of admission.

Whenever a committed person has been admitted
to a treatment facility under the provisions of sections 253B.09 or 253B.18, the head of
the treatment facility shall immediately notify the patient's spouse, health care agent, or
parent and the county of deleted text beginthe patient's legal residencedeleted text end new text beginfinancial responsibility new text endif the county
may be liable for a portion of the cost of treatment. If the committed person was admitted
upon the petition of a spouse, health care agent, or parent the head of the treatment facility
shall notify an interested person other than the petitioner.

Sec. 9.

Minnesota Statutes 2008, section 253B.185, subdivision 1, is amended to read:


Subdivision 1.

Commitment generally.

Except as otherwise provided in this
section, the provisions of this chapter pertaining to persons who are mentally ill and
dangerous to the public apply with like force and effect to persons who are alleged or
found to be sexually dangerous persons or persons with a sexual psychopathic personality.
Before commitment proceedings are instituted, the facts shall first be submitted to the
county attorney, who, if satisfied that good cause exists, will prepare the petition. The
county attorney may request a prepetition screening report. The petition is to be executed
by a person having knowledge of the facts and filed with the deleted text begincommittingdeleted text endnew text begin districtnew text end court
of the county deleted text beginin which the patient has a settlement ordeleted text endnew text begin of financial responsibility or the
county were the patient
new text end is present. If the patient is in the custody of the commissioner
of corrections, the petition may be filed in the county where the conviction for which
the person is incarcerated was entered. Upon the filing of a petition alleging that a
proposed patient is a sexually dangerous person or is a person with a sexual psychopathic
personality, the court shall hear the petition as provided in section 253B.18. In
commitments under this section, the court shall commit the patient to a secure treatment
facility unless the patient establishes by clear and convincing evidence that a less
restrictive treatment program is available that is consistent with the patient's treatment
needs and the requirements of public safety.

Sec. 10.

Minnesota Statutes 2008, section 253B.20, subdivision 4, is amended to read:


Subd. 4.

Aftercare services.

Prior to the date of discharge or provisional discharge
of any committed person, the designated agency of the county of deleted text beginthe patient's residencedeleted text endnew text begin
financial responsibility
new text end, in cooperation with the head of the treatment facility, and the
patient's physician, if notified pursuant to subdivision 6, shall establish a continuing plan
of aftercare services for the patient including a plan for medical and psychiatric treatment,
nursing care, vocational assistance, and other assistance the patient needs. The designated
agency shall provide case management services, supervise and assist the patient in finding
employment, suitable shelter, and adequate medical and psychiatric treatment, and aid in
the patient's readjustment to the community.

Sec. 11.

Minnesota Statutes 2008, section 253B.23, subdivision 1, is amended to read:


Subdivision 1.

Costs of hearings.

(a) In each proceeding under this chapter the court
shall allow and order paid to each witness subpoenaed the fees and mileage prescribed by
law; to each examiner a reasonable sum for services and for travel; to persons conveying
the patient to the place of detention, disbursements for the travel, board, and lodging of
the patient and of themselves and their authorized assistants; and to the patient's counsel,
when appointed by the court, a reasonable sum for travel and for the time spent in court
or in preparing for the hearing. Upon the court's order, the county auditor shall issue a
warrant on the county treasurer for payment of the amounts allowed, excluding the costs
of the examiner, which must be paid by the state courts.

(b) Whenever venue of a proceeding has been transferred under this chapter, the
costs of the proceedings shall be reimbursed to the county where the proceedings were
conducted by the county of deleted text beginthe patient's residencedeleted text endnew text begin financial responsibilitynew text end.

Sec. 12.

Minnesota Statutes 2008, section 253B.23, is amended by adding a
subdivision to read:


new text begin Subd. 1b. new text end

new text begin Responsibility for conducting prepetition screening and filing
commitment and early intervention petitions.
new text end

new text begin (a) The county of financial responsibility
is responsible to conduct prepetition screening pursuant to section 253B.07, subdivision 1,
and, if statutory conditions for early intervention or commitment are satisfied, to file a
petition pursuant to section 253B.064, subdivision 1, paragraph (a); 253B.07, subdivision
1, paragraph (a); or 253B.185, subdivision 1.
new text end

new text begin (b) Except in cases under section 253B.185, if the county of financial responsibility
refuses or fails to conduct prepetition screening or file a petition, or if it is unclear which
county is the county of financial responsibility, the county where the proposed patient is
present is responsible to conduct the prepetition screening and, if statutory conditions for
early intervention or commitment are satisfied, file the petition.
new text end

new text begin (c) In cases under section 253B.185, if the county of financial responsibility
refuses or fails to file a petition, or if it is unclear which county is the county of
financial responsibility, then (1) the county where the conviction for which the person is
incarcerated was entered, or (2) the county where the proposed patient is present, if the
person is not currently incarcerated based on conviction, is responsible to file the petition
if statutory conditions for commitment are satisfied.
new text end

new text begin (d) When a proposed patient is an inmate confined to an adult correctional facility
under the control of the commissioner of corrections and commitment proceedings are
initiated or proposed to be initiated pursuant to section 241.69, the county where the
correctional facility is located may agree to perform the responsibilities specified in
paragraph (a).
new text end

new text begin (e) Any dispute concerning financial responsibility for the costs of the proceedings
and treatment will be resolved pursuant to chapter 256G.
new text end

new text begin (f) This subdivision and the sections of law cited in this subdivision address venue
only. Nothing in this chapter is intended to limit the statewide jurisdiction of district courts
over civil commitment matters.
new text end