HF 2880

1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to civil commitment; allowing county 
  1.3             attorneys or their designee to have access to certain 
  1.4             information for purposes of determining whether good 
  1.5             cause exists to file a commitment proceeding; amending 
  1.6             Minnesota Statutes 1998, section 253B.185, by adding a 
  1.7             subdivision. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1998, section 253B.185, is 
  1.10  amended by adding a subdivision to read: 
  1.11     Subd. 1b.  [COUNTY ATTORNEY ACCESS TO 
  1.12  DATA.] Notwithstanding sections 144.335; 245.467, subdivision 6; 
  1.13  245.4876, subdivision 7; 260.161; 260.195, subdivision 6; and 
  1.14  609.749, subdivision 6, or any provision of chapter 13, or any 
  1.15  other provision of state law, prior to filing a petition for 
  1.16  commitment as a sexual psychopathic personality or as a sexually 
  1.17  dangerous person, upon notice to the proposed patient, the 
  1.18  county attorney or the county attorney's designee, may move the 
  1.19  court for an order granting access to any or all of the 
  1.20  following data for good cause, to the extent it relates to the 
  1.21  proposed patient, for the purposes of determining whether good 
  1.22  cause exists to file a petition and, if a petition is filed, to 
  1.23  support the allegations set forth in the petition during the 
  1.24  commitment proceedings: 
  1.25     (1) private medical data under section 13.42 or welfare 
  1.26  data under section 13.46; 
  2.1      (2) health records maintained under section 144.335; 
  2.2      (3) private and confidential domestic abuse data under 
  2.3   section 13.80; 
  2.4      (4) private and confidential comprehensive law enforcement 
  2.5   data under section 13.82; 
  2.6      (5) private and confidential court services data under 
  2.7   section 13.84; 
  2.8      (6) private and confidential corrections data under section 
  2.9   13.85; 
  2.10     (7) private criminal history data under section 13.87; 
  2.11     (8) mental health data under chapter 245; 
  2.12     (9) private and confidential juvenile court records, court 
  2.13  administrator records, as well as peace officers, court 
  2.14  services, and corrections data of juveniles under chapters 260, 
  2.15  260B, and 260C; 
  2.16     (10) data collected under section 609.749, subdivision 6; 
  2.17  and 
  2.18     (11) private and confidential court records and court 
  2.19  administrator records. 
  2.20     The court shall grant such motion if:  (1) the department 
  2.21  of corrections refers the case for commitment as a sexual 
  2.22  psychopathic personality or a sexually dangerous person; or (2) 
  2.23  the court determines that there is good cause basis for the 
  2.24  county attorney to consider filing a petition for commitment as 
  2.25  a sexual psychopathic personality or a sexually dangerous person.