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Minnesota Legislature

Office of the Revisor of Statutes

HF 2898

as introduced - 91st Legislature (2019 - 2020) Posted on 05/16/2019 08:59am

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

Bill Text Versions

Engrossments
Introduction Posted on 05/15/2019

Current Version - as introduced

Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21
1.22 1.23 1.24 1.25 1.26 1.27 1.28 1.29 1.30 2.1 2.2 2.3
2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18
2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26
2.27 2.28 2.29 2.30 2.31
3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16
3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24
3.25 3.26 3.27 3.28 3.29 3.30 4.1 4.2 4.3 4.4 4.5 4.6
4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28
5.1 5.2 5.3 5.4
5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16
5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25
5.26 5.27 5.28 5.29 5.30 5.31
6.1 6.2 6.3
6.4 6.5 6.6 6.7 6.8
6.9 6.10 6.11 6.12 6.13
6.14 6.15 6.16 6.17
6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29
7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9
7.10 7.11 7.12 7.13 7.14 7.15 7.16
7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25
7.26 7.27 7.28 7.29 7.30 7.31 7.32 8.1 8.2 8.3 8.4
8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 8.32 8.33 9.1 9.2
9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11
9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32 9.33 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20
10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 10.33 10.34 11.1 11.2 11.3 11.4 11.5
11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25
11.26 11.27 11.28 11.29 11.30 11.31 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 12.32 12.33 12.34 13.1 13.2 13.3 13.4 13.5
13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28 13.29 13.30 13.31 13.32 13.33 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10
14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21
14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 14.31 14.32 15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27 15.28 15.29 15.30 15.31 15.32 15.33 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9
16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28 16.29 16.30 16.31 16.32 16.33 17.1 17.2
17.3 17.4 17.5 17.6 17.7 17.8 17.9
17.10 17.11 17.12 17.13 17.14 17.15 17.16 17.17
17.18 17.19 17.20 17.21 17.22 17.23 17.24 17.25 17.26 17.27 17.28 17.29 17.30 17.31 17.32 18.1 18.2 18.3
18.4 18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18 18.19 18.20 18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 18.31 19.1 19.2 19.3 19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 19.13 19.14 19.15 19.16 19.17 19.18 19.19 19.20 19.21 19.22 19.23 19.24 19.25 19.26 19.27 19.28 19.29 19.30 19.31 19.32 19.33 20.1 20.2 20.3 20.4 20.5 20.6 20.7 20.8 20.9 20.10 20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28 20.29 20.30 20.31 20.32 21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 21.9 21.10 21.11 21.12 21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22 21.23 21.24 21.25 21.26 21.27 21.28 21.29 21.30
22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8 22.9
22.10 22.11 22.12 22.13 22.14 22.15 22.16 22.17
22.18 22.19 22.20 22.21 22.22 22.23 22.24 22.25
22.26 22.27 22.28 22.29 22.30 22.31 22.32 23.1 23.2 23.3 23.4 23.5 23.6 23.7 23.8 23.9 23.10 23.11 23.12 23.13 23.14 23.15 23.16 23.17 23.18 23.19 23.20 23.21 23.22 23.23 23.24 23.25 23.26 23.27 23.28 23.29 23.30 23.31 23.32 24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8 24.9 24.10 24.11 24.12 24.13 24.14 24.15 24.16 24.17 24.18 24.19 24.20 24.21 24.22 24.23 24.24 24.25 24.26 24.27 24.28 24.29 24.30 24.31 24.32 24.33 24.34 25.1 25.2 25.3
25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15 25.16 25.17 25.18 25.19 25.20 25.21 25.22 25.23 25.24 25.25 25.26 25.27 25.28 25.29 25.30 25.31 25.32 25.33 25.34
26.1 26.2 26.3 26.4 26.5 26.6 26.7 26.8 26.9 26.10 26.11 26.12 26.13 26.14 26.15 26.16 26.17 26.18 26.19 26.20 26.21 26.22 26.23 26.24 26.25 26.26 26.27 26.28
26.29 26.30 26.31 26.32 26.33 27.1 27.2 27.3 27.4 27.5
27.6 27.7 27.8 27.9 27.10 27.11
27.12 27.13 27.14 27.15 27.16 27.17 27.18 27.19 27.20 27.21 27.22 27.23
27.24 27.25 27.26 27.27 27.28 27.29 27.30 27.31
28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9 28.10 28.11 28.12 28.13 28.14 28.15 28.16 28.17 28.18 28.19 28.20 28.21 28.22 28.23 28.24 28.25 28.26 28.27 28.28 28.29 28.30 28.31 28.32 28.33 28.34 29.1 29.2
29.3 29.4 29.5 29.6 29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17
29.18 29.19 29.20 29.21 29.22 29.23
29.24 29.25 29.26 29.27 29.28 29.29 29.30 29.31 30.1 30.2 30.3 30.4 30.5 30.6 30.7
30.8 30.9 30.10 30.11 30.12 30.13
30.14 30.15 30.16 30.17 30.18 30.19 30.20 30.21 30.22 30.23 30.24 30.25 30.26 30.27 30.28 30.29 30.30 30.31 30.32 31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8 31.9 31.10 31.11 31.12 31.13 31.14 31.15 31.16 31.17 31.18 31.19 31.20 31.21 31.22 31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30 31.31 31.32
32.1 32.2 32.3 32.4 32.5 32.6 32.7 32.8 32.9
32.10 32.11 32.12 32.13 32.14 32.15 32.16 32.17 32.18
32.19 32.20 32.21 32.22 32.23 32.24
32.25 32.26 32.27 32.28 32.29 32.30 32.31 33.1 33.2 33.3 33.4 33.5 33.6 33.7 33.8 33.9 33.10 33.11 33.12 33.13 33.14 33.15 33.16 33.17 33.18 33.19 33.20 33.21 33.22 33.23 33.24 33.25 33.26 33.27 33.28 33.29 33.30 33.31 33.32 33.33 34.1 34.2 34.3 34.4 34.5 34.6 34.7 34.8 34.9 34.10 34.11 34.12 34.13 34.14 34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27 34.28 34.29 34.30 34.31 34.32 34.33 35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12 35.13 35.14 35.15 35.16 35.17 35.18 35.19 35.20 35.21 35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 35.31 35.32 35.33 35.34 35.35 36.1 36.2 36.3 36.4 36.5 36.6 36.7 36.8 36.9 36.10 36.11 36.12 36.13 36.14 36.15 36.16 36.17 36.18 36.19 36.20 36.21 36.22 36.23 36.24 36.25 36.26 36.27 36.28 36.29 36.30 36.31 36.32 37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8 37.9 37.10 37.11 37.12 37.13 37.14 37.15 37.16 37.17 37.18 37.19 37.20 37.21 37.22 37.23 37.24 37.25 37.26 37.27 37.28 37.29 37.30 37.31 37.32 37.33 38.1 38.2 38.3 38.4 38.5 38.6 38.7 38.8 38.9 38.10 38.11 38.12 38.13 38.14 38.15 38.16 38.17 38.18 38.19 38.20 38.21 38.22 38.23 38.24 38.25 38.26 38.27 38.28 38.29 38.30 38.31 38.32 38.33
39.1 39.2 39.3 39.4 39.5 39.6 39.7 39.8 39.9 39.10 39.11
39.12 39.13 39.14 39.15 39.16 39.17 39.18 39.19 39.20
39.21 39.22 39.23 39.24 39.25 39.26 39.27 39.28 39.29 39.30 39.31
40.1 40.2 40.3 40.4 40.5
40.6 40.7 40.8 40.9
40.10 40.11 40.12 40.13 40.14 40.15 40.16 40.17
40.18 40.19 40.20 40.21 40.22 40.23 40.24 40.25 40.26 40.27 40.28 40.29 40.30 41.1 41.2 41.3 41.4 41.5 41.6 41.7 41.8 41.9 41.10 41.11 41.12 41.13 41.14 41.15 41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26 41.27 41.28 41.29 41.30 41.31 41.32 41.33 41.34 42.1 42.2 42.3 42.4 42.5 42.6 42.7 42.8 42.9 42.10 42.11 42.12 42.13 42.14 42.15 42.16 42.17 42.18 42.19 42.20 42.21 42.22
42.23 42.24 42.25 42.26 42.27 42.28 42.29 42.30 42.31 42.32 42.33 42.34 43.1 43.2 43.3 43.4 43.5 43.6 43.7 43.8 43.9 43.10 43.11 43.12 43.13 43.14 43.15 43.16 43.17 43.18 43.19 43.20 43.21 43.22 43.23 43.24 43.25 43.26 43.27 43.28 43.29 43.30 43.31 43.32
44.1 44.2 44.3 44.4 44.5 44.6
44.7 44.8 44.9 44.10 44.11
44.12 44.13 44.14 44.15 44.16 44.17 44.18 44.19 44.20 44.21 44.22 44.23 44.24 44.25 44.26
44.27 44.28 44.29 44.30 44.31 44.32 45.1 45.2 45.3
45.4 45.5 45.6 45.7 45.8 45.9 45.10 45.11 45.12 45.13 45.14 45.15 45.16 45.17 45.18 45.19 45.20 45.21
45.22 45.23 45.24 45.25 45.26 45.27 45.28 45.29 45.30 45.31 45.32
46.1 46.2 46.3 46.4 46.5 46.6 46.7 46.8 46.9 46.10 46.11 46.12 46.13 46.14 46.15 46.16 46.17 46.18 46.19 46.20 46.21 46.22 46.23 46.24 46.25 46.26 46.27 46.28 46.29 46.30 46.31 46.32 46.33 47.1 47.2 47.3 47.4 47.5 47.6 47.7 47.8 47.9
47.10 47.11 47.12 47.13 47.14 47.15 47.16 47.17 47.18 47.19 47.20 47.21 47.22 47.23 47.24 47.25 47.26 47.27 47.28 47.29 47.30 47.31 47.32
48.1 48.2 48.3 48.4 48.5 48.6 48.7 48.8
48.9 48.10 48.11 48.12 48.13 48.14 48.15 48.16 48.17 48.18 48.19 48.20 48.21 48.22 48.23 48.24 48.25
48.26 48.27 48.28 48.29 48.30 48.31 48.32
49.1 49.2 49.3 49.4 49.5 49.6 49.7 49.8 49.9
49.10 49.11 49.12 49.13 49.14 49.15 49.16 49.17 49.18 49.19 49.20 49.21 49.22
49.23 49.24 49.25 49.26 49.27 49.28 49.29 49.30 49.31 50.1 50.2 50.3 50.4 50.5 50.6 50.7 50.8
50.9 50.10 50.11 50.12 50.13 50.14 50.15 50.16 50.17 50.18 50.19 50.20 50.21 50.22 50.23 50.24 50.25 50.26 50.27 50.28 50.29 50.30 50.31 50.32
51.1 51.2 51.3 51.4 51.5 51.6 51.7 51.8 51.9 51.10 51.11 51.12 51.13 51.14 51.15 51.16 51.17 51.18 51.19 51.20 51.21 51.22 51.23 51.24 51.25 51.26 51.27 51.28 51.29 51.30
52.1 52.2 52.3 52.4 52.5 52.6 52.7 52.8 52.9 52.10
52.11 52.12 52.13 52.14 52.15 52.16 52.17 52.18 52.19 52.20
52.21 52.22 52.23 52.24 52.25 52.26 52.27 52.28 52.29 52.30
53.1 53.2 53.3 53.4 53.5 53.6 53.7 53.8 53.9 53.10 53.11 53.12 53.13 53.14 53.15 53.16 53.17 53.18 53.19 53.20 53.21 53.22 53.23 53.24 53.25 53.26 53.27 53.28 53.29
53.30 53.31 53.32 53.33 53.34 54.1 54.2 54.3 54.4 54.5 54.6 54.7 54.8 54.9 54.10 54.11 54.12 54.13 54.14 54.15 54.16 54.17 54.18 54.19 54.20 54.21 54.22 54.23 54.24 54.25 54.26 54.27
54.28 54.29 54.30 54.31 54.32 54.33 54.34 55.1 55.2 55.3 55.4 55.5 55.6 55.7 55.8 55.9 55.10 55.11 55.12 55.13 55.14
55.15 55.16 55.17 55.18 55.19 55.20 55.21 55.22 55.23 55.24 55.25 55.26 55.27 55.28 55.29 55.30 55.31 55.32 55.33 56.1 56.2 56.3 56.4 56.5
56.6 56.7 56.8 56.9 56.10 56.11 56.12 56.13
56.14 56.15 56.16 56.17 56.18 56.19 56.20 56.21 56.22 56.23 56.24 56.25 56.26 56.27 56.28 56.29 56.30 56.31 56.32 56.33 56.34
57.1 57.2 57.3 57.4 57.5 57.6 57.7 57.8 57.9 57.10 57.11 57.12 57.13 57.14 57.15 57.16 57.17 57.18 57.19 57.20 57.21 57.22 57.23 57.24 57.25
57.26 57.27 57.28 57.29 57.30 57.31 57.32 58.1 58.2 58.3 58.4 58.5 58.6 58.7 58.8 58.9 58.10 58.11 58.12 58.13 58.14 58.15 58.16 58.17 58.18
58.19 58.20 58.21 58.22 58.23 58.24 58.25 58.26 58.27 58.28 58.29 58.30 58.31 58.32 58.33 58.34 59.1 59.2 59.3 59.4 59.5 59.6 59.7 59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15 59.16 59.17 59.18 59.19
59.20 59.21 59.22 59.23 59.24 59.25 59.26 59.27 59.28 59.29 59.30 59.31 59.32 59.33 60.1 60.2 60.3 60.4 60.5 60.6 60.7 60.8 60.9 60.10 60.11 60.12 60.13 60.14 60.15 60.16 60.17 60.18 60.19 60.20 60.21 60.22 60.23 60.24 60.25 60.26 60.27 60.28 60.29 60.30 60.31 60.32
61.1 61.2 61.3 61.4 61.5 61.6 61.7 61.8 61.9 61.10 61.11 61.12 61.13 61.14 61.15 61.16
61.17 61.18 61.19 61.20 61.21 61.22 61.23 61.24 61.25 61.26 61.27 61.28
61.29 61.30 61.31 62.1 62.2 62.3 62.4 62.5
62.6 62.7 62.8 62.9 62.10 62.11 62.12 62.13 62.14 62.15 62.16 62.17 62.18 62.19 62.20 62.21 62.22 62.23
62.24 62.25 62.26 62.27 62.28 62.29
63.1 63.2 63.3 63.4 63.5 63.6 63.7 63.8 63.9 63.10 63.11 63.12
63.13 63.14 63.15 63.16 63.17 63.18 63.19 63.20 63.21 63.22 63.23 63.24
63.25 63.26 63.27 63.28 63.29 63.30 63.31 63.32 63.33 64.1 64.2
64.3 64.4 64.5 64.6 64.7 64.8 64.9 64.10 64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22 64.23 64.24 64.25 64.26 64.27 64.28 64.29 64.30 64.31 64.32 64.33 64.34 65.1 65.2 65.3 65.4
65.5 65.6 65.7 65.8 65.9 65.10
65.11 65.12 65.13 65.14 65.15 65.16 65.17 65.18 65.19 65.20 65.21
65.22 65.23 65.24 65.25 65.26
65.27 65.28 65.29 65.30 65.31 66.1 66.2 66.3 66.4 66.5
66.6 66.7 66.8 66.9
66.10 66.11 66.12 66.13 66.14 66.15
66.16 66.17 66.18 66.19 66.20 66.21
66.22 66.23 66.24 66.25 66.26
66.27 66.28 66.29 66.30 67.1 67.2 67.3 67.4 67.5 67.6 67.7
67.8 67.9 67.10 67.11 67.12 67.13 67.14 67.15 67.16 67.17 67.18 67.19 67.20 67.21 67.22
67.23 67.24 67.25 67.26 67.27 67.28 67.29 67.30 67.31 67.32 67.33 67.34 68.1 68.2 68.3 68.4
68.5 68.6 68.7 68.8 68.9 68.10 68.11 68.12 68.13 68.14 68.15 68.16 68.17 68.18 68.19 68.20 68.21 68.22 68.23 68.24
68.25 68.26 68.27 68.28 68.29 68.30 68.31 68.32 68.33 69.1 69.2 69.3
69.4 69.5 69.6 69.7 69.8
69.9 69.10 69.11 69.12 69.13 69.14 69.15
69.16 69.17 69.18 69.19 69.20 69.21 69.22 69.23 69.24
69.25 69.26 69.27 69.28 69.29 69.30 69.31 70.1 70.2 70.3 70.4 70.5 70.6
70.7 70.8 70.9 70.10 70.11 70.12 70.13 70.14 70.15 70.16 70.17 70.18 70.19 70.20 70.21 70.22 70.23 70.24 70.25 70.26 70.27 70.28 70.29 70.30 70.31 70.32 70.33
71.1 71.2 71.3 71.4 71.5 71.6 71.7 71.8 71.9 71.10 71.11 71.12 71.13 71.14 71.15 71.16
71.17 71.18 71.19 71.20 71.21 71.22 71.23 71.24 71.25 71.26 71.27 71.28 71.29 71.30
72.1 72.2 72.3
72.4 72.5 72.6 72.7 72.8
72.9 72.10 72.11 72.12 72.13 72.14 72.15 72.16 72.17 72.18 72.19 72.20 72.21 72.22 72.23 72.24 72.25 72.26 72.27 72.28 72.29 72.30 72.31 72.32 73.1 73.2 73.3 73.4 73.5 73.6 73.7 73.8 73.9 73.10 73.11 73.12 73.13 73.14 73.15 73.16 73.17 73.18 73.19 73.20 73.21 73.22 73.23 73.24 73.25 73.26 73.27 73.28 73.29 73.30 73.31 73.32 73.33 74.1 74.2 74.3 74.4 74.5 74.6 74.7
74.8 74.9 74.10 74.11
74.12 74.13 74.14 74.15 74.16 74.17 74.18 74.19 74.20 74.21 74.22 74.23 74.24 74.25 74.26 74.27 74.28 74.29 74.30 74.31 74.32 75.1 75.2 75.3 75.4 75.5 75.6 75.7 75.8
75.9 75.10 75.11
75.12 75.13 75.14 75.15

A bill for an act
relating to civil commitment; modifying provisions governing civil commitment;
establishing engagement services pilot project; appropriating money; amending
Minnesota Statutes 2018, sections 253B.02, subdivisions 4b, 7, 8, 9, 10, 12a, 13,
16, 17, 18, 19, 21, 22, 23, by adding subdivisions; 253B.03, subdivisions 1, 2, 3,
4a, 5, 6, 6b, 6d, 7, 10; 253B.04, subdivisions 1, 1a, 2; 253B.045, subdivisions 2,
3, 5, 6; 253B.06, subdivisions 1, 2, 3; 253B.07, subdivisions 1, 2, 2b, 2d, 3, 4, 5,
7; 253B.08, subdivisions 1, 2a, 5, 5a; 253B.09, subdivisions 1, 2, 3a, 5; 253B.092;
253B.0921; 253B.095, subdivision 3; 253B.097, subdivisions 1, 2, 3, 6; 253B.10;
253B.12, subdivisions 1, 2, 3, 4, 7; 253B.13, subdivision 1; 253B.14; 253B.141;
253B.15, subdivisions 1, 1a, 2, 3, 3a, 3b, 3c, 5, 7, 9, 10, by adding a subdivision;
253B.16; 253B.17; 253B.18, subdivisions 1, 2, 3, 4a, 4b, 4c, 5, 5a, 6, 7, 8, 10, 11,
12, 14, 15; 253B.19, subdivision 2; 253B.20, subdivisions 1, 2, 3, 4, 6; 253B.21,
subdivisions 1, 2, 3; 253B.212, subdivisions 1, 1a, 1b, 2; 253B.22, subdivisions
1, 2, 3, 4; 253B.23, subdivisions 1, 1b, 2; 253B.24; 253D.02, subdivision 6;
253D.07, subdivision 2; 253D.10, subdivision 2; 253D.21; 253D.28, subdivision
2; proposing coding for new law in Minnesota Statutes, chapter 253B; repealing
Minnesota Statutes 2018, sections 253B.02, subdivision 6; 253B.05, subdivisions
1, 2, 2b, 3, 4; 253B.064; 253B.065; 253B.066; 253B.09, subdivision 3; 253B.15,
subdivision 11; 253B.20, subdivision 7.

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

Section 1.

Minnesota Statutes 2018, section 253B.02, subdivision 4b, is amended to read:


Subd. 4b.

Community-based treatmentnew text begin programnew text end.

"Community-based treatmentnew text begin
program
new text end" means new text begintreatment and services provided at the community level, including but not
limited to
new text endcommunity support services programs defined in section 245.462, subdivision 6;
day treatment services defined in section 245.462, subdivision 8; outpatient services defined
in section 245.462, subdivision 21; new text beginmental health crisis services under section 245.462,
subdivision 14c; outpatient services defined in section 245.462, subdivision 21; assertive
community treatment services under section 256B.0622; adult rehabilitation mental health
services under section 256B.0623; home and community-based waivers, supportive housing,
new text end and residential treatment services as defined in section 245.462, subdivision 23.new text begin
Community-based treatment program excludes services provided by a state-operated
treatment program.
new text end

Sec. 2.

Minnesota Statutes 2018, section 253B.02, subdivision 7, is amended to read:


Subd. 7.

Examiner.

"Examiner" means a person who is knowledgeable, trained, and
practicing in the diagnosis and assessment or in the treatment of the alleged impairment,
and who is:

(1)new text begin a court examiner; or
new text end

new text begin (2)new text end a licensed physiciandeleted text begin;
deleted text end

deleted text begin (2) a licensed psychologist who has a doctoral degree in psychology or who became a
licensed consulting psychologist before July 2, 1975; or
deleted text end

deleted text begin (3) an advanced practice registered nurse certified in mental healthdeleted text endnew text begin, a mental health
professional as defined in section 245.462, subdivision 18, clauses (1) to (6),
new text end or a licensed
physician assistantdeleted text begin, except that only a physician or psychologist meeting these requirements
may be appointed by the court as described by sections 253B.07, subdivision 3; 253B.092,
subdivision 8
, paragraph (b); 253B.17, subdivision 3; 253B.18, subdivision 2; and 253B.19,
subdivisions 1 and 2, and only a physician or psychologist may conduct an assessment as
described by Minnesota Rules of Criminal Procedure, rule 20
deleted text end.

Sec. 3.

Minnesota Statutes 2018, section 253B.02, is amended by adding a subdivision to
read:


new text begin Subd. 7a. new text end

new text begin Court examiner. new text end

new text begin "Court examiner" means a person who is knowledgeable,
trained, and practicing in the diagnosis and assessment or in the treatment of the alleged
impairment, and who is a physician or licensed psychologist who has a doctoral degree in
psychology. Only a court examiner may conduct an assessment as described in Minnesota
Rules of Criminal Procedure, rules 20.01, subdivision 4, and 20.02, subdivision 2. Court
examiner includes a court-appointed examiner.
new text end

Sec. 4.

Minnesota Statutes 2018, section 253B.02, subdivision 8, is amended to read:


Subd. 8.

Head of the deleted text begintreatmentdeleted text end facilitynew text begin or programnew text end.

"Head of the deleted text begintreatmentdeleted text end facilitynew text begin
or program
new text end" means the person who is charged with overall responsibility for the professional
program of care and treatment of the deleted text beginfacility or the person's designeedeleted text endnew text begin treatment facility,
state-operated program, or community-based treatment program
new text end.

Sec. 5.

Minnesota Statutes 2018, section 253B.02, subdivision 9, is amended to read:


Subd. 9.

Health officer.

"Health officer" means:

(1) a licensed physician;

(2) deleted text begina licensed psychologistdeleted text endnew text begin a mental health professional as defined in section 245.462,
subdivision 18, clauses (1) to (6)
new text end;

deleted text begin (3) a licensed social worker;
deleted text end

deleted text begin (4)deleted text endnew text begin (3)new text end a registered nurse working in an emergency room of a hospital;

deleted text begin (5)deleted text endnew text begin (4)new text end a psychiatric deleted text beginor public health nurse as defined in section 145A.02, subdivision
18
deleted text endnew text begin mental health nursenew text end;

deleted text begin (6)deleted text endnew text begin (5)new text end an advanced practice registered nurse (APRN) as defined in section 148.171,
subdivision 3
;new text begin or
new text end

deleted text begin (7)deleted text endnew text begin (6)new text end a mental health deleted text beginprofessionaldeleted text endnew text begin practitioner as defined in section 245.462, subdivision
17,
new text end providing mental health mobile crisis intervention services as described under section
256B.0624deleted text begin; ordeleted text endnew text begin with the consultation and approval by a mental health professional.
new text end

deleted text begin (8) a formally designated member of a prepetition screening unit established by section
253B.07.
deleted text end

Sec. 6.

Minnesota Statutes 2018, section 253B.02, subdivision 10, is amended to read:


Subd. 10.

Interested person.

"Interested person" means:

(1) an adultnew text begin who has a specific interest in the patient or proposed patientnew text end, including but
not limited todeleted text begin,deleted text end a public official, including a local welfare agency acting under section
626.5561deleted text begin, anddeleted text endnew text begin; a health care or mental health provider or the provider's employee or agent;new text end
the legal guardian, spouse, parent, legal counsel, adult child, new text beginor new text endnext of kindeleted text begin,deleted text endnew text begin;new text end or other person
designated by anew text begin patient ornew text end proposed patient; or

(2) a health plan company that is providing coverage for a proposed patient.

Sec. 7.

Minnesota Statutes 2018, section 253B.02, subdivision 12a, is amended to read:


Subd. 12a.

Mental illness.

new text begin(a) new text end"Mental illness" has the meaning given in section 245.462,
subdivision 20
.new text begin Except as provided in paragraph (b), "mental illness" has the meaning given
in section 245.462, subdivision 20.
new text end

new text begin (b) For purposes of civil commitment including subdivisions 13 and 17, "mental illness"
means an organic disorder of the brain or a substantial psychiatric disorder of thought, mood,
perception, orientation, or memory that grossly impairs judgment, behavior, capacity to
recognize reality, or to reason or understand, and that is manifested by instances of grossly
disturbed behavior or faulty perceptions under this paragraph. Mental illness does not include
a condition that is solely due to: (1) epilepsy; (2) a developmental disability; (3) brief periods
of intoxication caused by alcohol, drugs, or other mind-altering substances; or (4) dependence
upon or addiction to any alcohol, drug, or other mind-altering substance.
new text end

Sec. 8.

Minnesota Statutes 2018, section 253B.02, subdivision 13, is amended to read:


Subd. 13.

Person deleted text beginwho is mentally illdeleted text endnew text begin posing a risk of harm due to mental illnessnew text end.

deleted text begin(a)deleted text end
A "person deleted text beginwho is mentally illdeleted text endnew text begin posing a risk of harm due to mental illnessnew text end" means any person
who has deleted text beginan organic disorder of the brain or a substantial psychiatric disorder of thought,
mood, perception, orientation, or memory which grossly impairs judgment, behavior, capacity
to recognize reality, or to reason or understand, which is manifested by instances of grossly
disturbed behavior or faulty perceptions and
deleted text endnew text begin a mental illness and, due to the mental illness,new text end
poses a substantial likelihood of physical harm to self or others as demonstrated by:

(1) a failure to obtain necessary food, clothing, shelter, or medical care as a result of the
impairment;

(2) an inability for reasons other than indigence to obtain necessary food, clothing,
shelter, or medical care as a result of the impairment and it is more probable than not that
the person will suffer substantial harm, significant psychiatric deterioration or debilitation,
or serious illness, unless appropriate treatment and services are provided;

(3) a recent attempt or threat to physically harm self or others; or

(4) recent and volitional conduct involving significant damage to substantial property.

deleted text begin (b) A person is not mentally ill under this section if the impairment is solely due to:
deleted text end

deleted text begin (1) epilepsy;
deleted text end

deleted text begin (2) developmental disability;
deleted text end

deleted text begin (3) brief periods of intoxication caused by alcohol, drugs, or other mind-altering
substances; or
deleted text end

deleted text begin (4) dependence upon or addiction to any alcohol, drugs, or other mind-altering substances.
deleted text end

Sec. 9.

Minnesota Statutes 2018, section 253B.02, subdivision 16, is amended to read:


Subd. 16.

Peace officer.

"Peace officer" means a sheriffnew text begin or deputy sheriffnew text end, or municipal
or other local police officer, or a State Patrol officer when engaged in the authorized duties
of office.

Sec. 10.

Minnesota Statutes 2018, section 253B.02, subdivision 17, is amended to read:


Subd. 17.

Person who deleted text beginis mentally illdeleted text endnew text begin has a mental illnessnew text end and new text beginis new text enddangerous to the
public.

deleted text begin(a)deleted text end A "person who deleted text beginis mentally illdeleted text end new text beginhas a mental illness new text endand new text beginis new text enddangerous to the public"
is a person:

(1) who deleted text beginis mentally illdeleted text endnew text begin has a mental illnessnew text end; and

(2) who as a result of that mental illness presents a clear danger to the safety of others
as demonstrated by the facts that (i) the person has engaged in an overt act causing or
attempting to cause serious physical harm to another and (ii) there is a substantial likelihood
that the person will engage in acts capable of inflicting serious physical harm on another.

deleted text begin (b) A person committed as a sexual psychopathic personality or sexually dangerous
person as defined in subdivisions 18a and 18b is subject to the provisions of this chapter
that apply to persons who are mentally ill and dangerous to the public.
deleted text end

Sec. 11.

Minnesota Statutes 2018, section 253B.02, subdivision 18, is amended to read:


Subd. 18.

deleted text beginRegionaldeleted text endnew text begin State-operatednew text end treatment deleted text begincenterdeleted text endnew text begin programnew text end.

"deleted text beginRegionaldeleted text endnew text begin State-operatednew text end
treatment deleted text begincenterdeleted text endnew text begin programnew text end" deleted text beginmeans any state-operated facility for persons who are mentally
ill, developmentally disabled, or chemically dependent under the direct administrative
authority of the commissioner
deleted text endnew text begin means any state-operated program including community
behavioral health hospitals, crisis centers, residential facilities, outpatient services, and other
community-based services developed and operated by the state and under the commissioner's
control for a person who has a mental illness, developmental disability, or chemical
dependency
new text end.

Sec. 12.

Minnesota Statutes 2018, section 253B.02, subdivision 19, is amended to read:


Subd. 19.

Treatment facility.

"Treatment facility" means a new text beginnon-state-operated new text endhospital,
deleted text begin community mental health center, or other treatment providerdeleted text end new text beginresidential treatment provider,
crisis residential, or corporate foster care home
new text endqualified to provide care and treatment for
persons deleted text beginwho are mentally ill, developmentally disabled, or chemically dependentdeleted text endnew text begin who have
a mental illness, developmental disability, or chemical dependency
new text end.

Sec. 13.

Minnesota Statutes 2018, section 253B.02, subdivision 21, is amended to read:


Subd. 21.

Pass.

"Pass" means any authorized temporary, unsupervised absence from a
new text begin state-operated new text endtreatment deleted text beginfacilitydeleted text endnew text begin programnew text end.

Sec. 14.

Minnesota Statutes 2018, section 253B.02, subdivision 22, is amended to read:


Subd. 22.

Pass plan.

"Pass plan" means the part of a treatment plan for a deleted text beginpersondeleted text endnew text begin patientnew text end
who has been committed as deleted text beginmentally ill anddeleted text endnew text begin a person who has a mental illness and isnew text end
dangerous that specifies the terms and conditions under which the patient may be released
on a pass.

Sec. 15.

Minnesota Statutes 2018, section 253B.02, subdivision 23, is amended to read:


Subd. 23.

Pass-eligible status.

"Pass-eligible status" means the status under which a
deleted text begin persondeleted text endnew text begin patientnew text end committed as deleted text beginmentally ill anddeleted text endnew text begin a person who has a mental illness and isnew text end
dangerousnew text begin to the publicnew text end may be released on passes after approval of a pass plan by the head
of anew text begin state-operatednew text end treatment deleted text beginfacilitydeleted text endnew text begin programnew text end.

Sec. 16.

Minnesota Statutes 2018, section 253B.02, is amended by adding a subdivision
to read:


new text begin Subd. 27. new text end

new text begin Psychotropic medication. new text end

new text begin "Psychotropic medication" means antipsychotic
medication, mood stabilizing medication, antidepressants, and anxiolytics.
new text end

Sec. 17.

Minnesota Statutes 2018, section 253B.03, subdivision 1, is amended to read:


Subdivision 1.

Restraints.

(a) A patient has the right to be free from restraints. Restraints
shall not be applied to a patient in a treatment facility new text beginor state-operated treatment program
new text end unless the head of the treatment facility, new text beginhead of the state-operated treatment program, new text enda
member of the medical staff, or a licensed peace officer who has custody of the patient
determines that deleted text begintheydeleted text endnew text begin restraintsnew text end are necessary for the safety of the patient or others.

(b) Restraints shall not be applied to patients with developmental disabilities except as
permitted under section 245.825 and rules of the commissioner of human services. Consent
must be obtained from the deleted text beginpersondeleted text endnew text begin patientnew text end or deleted text beginperson'sdeleted text endnew text begin patient'snew text end guardian except for emergency
procedures as permitted under rules of the commissioner adopted under section 245.825.

(c) Each use of a restraint and reason for it shall be made part of the clinical record of
the patient under the signature of the head of the treatment facility.

Sec. 18.

Minnesota Statutes 2018, section 253B.03, subdivision 2, is amended to read:


Subd. 2.

Correspondence.

A patient has the right to correspond freely without censorship.
The head of the treatment facility new text beginor head of the state-operated treatment program new text endmay
restrict correspondence if the patient's medical welfare requires this restriction. For deleted text beginpatientsdeleted text endnew text begin
a patient
new text end in deleted text beginregionaldeleted text endnew text begin a state-operatednew text end treatment deleted text begincentersdeleted text endnew text begin programnew text end, that determination may be
reviewed by the commissioner. Any limitation imposed on the exercise of a patient's
correspondence rights and the reason for it shall be made a part of the clinical record of the
patient. Any communication which is not delivered to a patient shall be immediately returned
to the sender.

Sec. 19.

Minnesota Statutes 2018, section 253B.03, subdivision 3, is amended to read:


Subd. 3.

Visitors and phone calls.

Subject to the general rules of the treatment facilitynew text begin
or state-operated treatment program
new text end, a patient has the right to receive visitors and make
phone calls. The head of the treatment facility new text beginor head of the state-operated treatment program
new text end may restrict visits and phone calls on determining that the medical welfare of the patient
requires it. Any limitation imposed on the exercise of the patient's visitation and phone call
rights and the reason for it shall be made a part of the clinical record of the patient.

Sec. 20.

Minnesota Statutes 2018, section 253B.03, subdivision 4a, is amended to read:


Subd. 4a.

Disclosure of patient's admission.

Upon admission to a new text begintreatment new text endfacility new text beginor
state-operated treatment program
new text endwhere federal law prohibits unauthorized disclosure of
patient or resident identifying information to callers and visitors, the patient or resident, or
the legal guardian of the patient or resident, shall be given the opportunity to authorize
disclosure of the patient's or resident's presence in the facility to callers and visitors who
may seek to communicate with the patient or resident. To the extent possible, the legal
guardian of a patient or resident shall consider the opinions of the patient or resident regarding
the disclosure of the patient's or resident's presence in the facility.

Sec. 21.

Minnesota Statutes 2018, section 253B.03, subdivision 5, is amended to read:


Subd. 5.

Periodic assessment.

A patient has the right to periodic medical assessment,
including assessment of the medical necessity of continuing care and, if the deleted text begintreatmentdeleted text end facilitynew text begin
or program provider
new text end declines to provide continuing care, the right to receive specific written
reasons why continuing care is declined at the time of the assessment. The deleted text begintreatmentdeleted text end facilitynew text begin
or program
new text end shall assess the physical and mental condition of every patient as frequently as
necessary, but not less often than annually. If the patient refuses to be examined, the facilitynew text begin
or program
new text end shall document in the patient's chart its attempts to examine the patient. If a
deleted text begin persondeleted text endnew text begin patientnew text end is committed as developmentally disabled for an indeterminate period of
time, the three-year judicial review must include the annual reviews for each year as outlined
in Minnesota Rules, part 9525.0075, subpart 6.

Sec. 22.

Minnesota Statutes 2018, section 253B.03, subdivision 6, is amended to read:


Subd. 6.

Consent for medical procedure.

new text begin(a) new text endA patient has the right to prior consent
to any medical or surgical treatment, other than treatment for chemical dependency or
nonintrusive treatment for mental illness.

new text begin (b) new text endThe following procedures shall be used to obtain consent for any treatment necessary
to preserve the life or health of any committed patient:

deleted text begin (a)deleted text endnew text begin (1)new text end the written, informed consent of a competent adult patient for the treatment is
sufficientdeleted text begin.deleted text endnew text begin;
new text end

deleted text begin (b)deleted text endnew text begin (2)new text end if the patient is subject to guardianship which includes the provision of medical
care, the written, informed consent of the guardian for the treatment is sufficientdeleted text begin.deleted text endnew text begin;
new text end

deleted text begin (c)deleted text endnew text begin (3)new text end if the head of the deleted text begintreatmentdeleted text end facilitynew text begin or programnew text end determines that the patient is not
competent to consent to the treatment and the patient has not been adjudicated incompetent,
written, informed consent for the surgery or medical treatment shall be obtained from the
nearest proper relative. For this purpose, the following persons are proper relatives, in the
order listed: the patient's spouse, parent, adult child, or adult sibling. If the nearest proper
relatives cannot be located, refuse to consent to the procedure, or are unable to consent, the
head of the deleted text begintreatmentdeleted text end facilitynew text begin or programnew text end or an interested person may petition the committing
court for approval for the treatment or may petition a court of competent jurisdiction for
the appointment of a guardian. The determination that the patient is not competent, and the
reasons for the determination, shall be documented in the patient's clinical recorddeleted text begin.deleted text endnew text begin;
new text end

deleted text begin (d)deleted text endnew text begin (4)new text end consent to treatment of any minor patient shall be secured in accordance with
sections 144.341 to 144.346. A minor 16 years of age or older may consent to hospitalization,
routine diagnostic evaluation, and emergency or short-term acute caredeleted text begin.deleted text endnew text begin; and
new text end

deleted text begin (e)deleted text endnew text begin (5)new text end in the case of an emergency when the persons ordinarily qualified to give consent
cannot be locatednew text begin in sufficient time to address the emergency neednew text end, the head of the deleted text begintreatmentdeleted text end
facility new text beginor program new text endmay give consent.

new text begin (c) new text endNo person who consents to treatment pursuant to the provisions of this subdivision
shall be civilly or criminally liable for the performance or the manner of performing the
treatment. No person shall be liable for performing treatment without consent if written,
informed consent was given pursuant to this subdivision. This provision shall not affect any
other liability which may result from the manner in which the treatment is performed.

Sec. 23.

Minnesota Statutes 2018, section 253B.03, subdivision 6b, is amended to read:


Subd. 6b.

Consent for mental health treatment.

A competent deleted text beginpersondeleted text endnew text begin patientnew text end admitted
voluntarily to a treatment facility new text beginor state-operated treatment program new text endmay be subjected to
intrusive mental health treatment only with the deleted text beginperson'sdeleted text endnew text begin patient'snew text end written informed consent.
For purposes of this section, "intrusive mental health treatment" means deleted text beginelectroshockdeleted text endnew text begin
electroconvulsive
new text end therapy and deleted text beginneurolepticdeleted text endnew text begin psychotropicnew text end medication and does not include
treatment for a developmental disability. An incompetent deleted text beginpersondeleted text endnew text begin patientnew text end who has prepared
a directive under subdivision 6d regarding new text beginintrusive mental health new text endtreatment deleted text beginwith intrusive
therapies
deleted text end must be treated in accordance with this section, except in cases of emergencies.

Sec. 24.

Minnesota Statutes 2018, section 253B.03, subdivision 6d, is amended to read:


Subd. 6d.

Adult mental health treatment.

(a) A competent deleted text beginadultdeleted text endnew text begin patientnew text end may make a
declaration of preferences or instructions regarding intrusive mental health treatment. These
preferences or instructions may include, but are not limited to, consent to or refusal of these
treatments.new text begin A declaration of preferences or instructions may include a health care directive
under chapter 145C or a psychiatric directive.
new text end

(b) A declaration may designate a proxy to make decisions about intrusive mental health
treatment. A proxy designated to make decisions about intrusive mental health treatments
and who agrees to serve as proxy may make decisions on behalf of a declarant consistent
with any desires the declarant expresses in the declaration.

(c) A declaration is effective only if it is signed by the declarant and two witnesses. The
witnesses must include a statement that they believe the declarant understands the nature
and significance of the declaration. A declaration becomes operative when it is delivered
to the declarant's physician or other mental health treatment provider. The physician or
provider must comply with deleted text beginitdeleted text endnew text begin the declarationnew text end to the fullest extent possible, consistent with
reasonable medical practice, the availability of treatments requested, and applicable law.
The physician or provider shall continue to obtain the declarant's informed consent to all
intrusive mental health treatment decisions if the declarant is capable of informed consent.
A treatment provider deleted text beginmaydeleted text endnew text begin mustnew text end not require a deleted text beginpersondeleted text endnew text begin patientnew text end to make a declaration under
this subdivision as a condition of receiving services.

(d) The physician or other provider shall make the declaration a part of the declarant's
medical record. If the physician or other provider is unwilling at any time to comply with
the declaration, the physician or provider must promptly notify the declarant and document
the notification in the declarant's medical record. deleted text beginIf the declarant has been committed as a
patient under this chapter, the physician or provider may subject a declarant to intrusive
treatment in a manner contrary to the declarant's expressed wishes, only upon order of the
committing court. If the declarant is not a committed patient under this chapter,
deleted text end The physician
or provider may subject the declarant to intrusive treatment in a manner contrary to the
declarant's expressed wishes, only if the declarant is committed as deleted text beginmentally illdeleted text endnew text begin a person
posing a risk of harm due to mental illness
new text end or deleted text beginmentally illdeleted text endnew text begin a person who has a mental illnessnew text end
and new text beginis new text enddangerous to the public and a court order authorizing the treatment has been issued.

(e) A declaration under this subdivision may be revoked in whole or in part at any time
and in any manner by the declarant if the declarant is competent at the time of revocation.
A revocation is effective when a competent declarant communicates the revocation to the
attending physician or other provider. The attending physician or other provider shall note
the revocation as part of the declarant's medical record.

(f) A provider who administers intrusive mental health treatment according to and in
good faith reliance upon the validity of a declaration under this subdivision is held harmless
from any liability resulting from a subsequent finding of invalidity.

(g) In addition to making a declaration under this subdivision, a competent adult may
delegate parental powers under section 524.5-211 or may nominate a guardian under sections
524.5-101 to 524.5-502.

Sec. 25.

Minnesota Statutes 2018, section 253B.03, subdivision 7, is amended to read:


Subd. 7.

deleted text beginProgramdeleted text endnew text begin Treatmentnew text end plan.

A deleted text beginpersondeleted text endnew text begin patientnew text end receiving services under this
chapter has the right to receive proper care and treatment, best adapted, according to
contemporary professional standards, to rendering further supervision unnecessary. The
treatment facilitynew text begin, state-operated treatment program, or community-based treatment programnew text end
shall devise a written deleted text beginprogramdeleted text endnew text begin treatmentnew text end plan for each deleted text beginpersondeleted text endnew text begin patientnew text end which describes in
behavioral terms the case problems, the precise goals, including the expected period of time
for treatment, and the specific measures to be employed. deleted text beginEach plan shall be reviewed at
least quarterly to determine progress toward the goals, and to modify the program plan as
necessary.
deleted text end new text beginThe development and review of treatment plans must be conducted as required
under the license or certification of the facility or program. If there are no review
requirements under the license or certification, the treatment plan must be reviewed quarterly.
new text end The deleted text beginprogramdeleted text endnew text begin treatmentnew text end plan shall be devised and reviewed with the designated agency and
with the patient. The clinical record shall reflect the deleted text beginprogramdeleted text endnew text begin treatmentnew text end plan review. If the
designated agency or the patient does not participate in the planning and review, the clinical
record shall include reasons for nonparticipation and the plans for future involvement. The
commissioner shall monitor the deleted text beginprogramdeleted text end new text begintreatment new text endplan and review process for deleted text beginregional
centers
deleted text endnew text begin state-operated treatment programsnew text end to deleted text begininsuredeleted text end new text beginensure new text endcompliance with the provisions
of this subdivision.

Sec. 26.

Minnesota Statutes 2018, section 253B.03, subdivision 10, is amended to read:


Subd. 10.

Notification.

new text begin(a) new text endAll deleted text beginpersonsdeleted text endnew text begin patientsnew text end admitted or committed to a treatment
facility new text beginor state-operated treatment program, or temporarily confined under section 253B.045,
new text end shall be notified in writing of their rights regarding hospitalization and other treatment deleted text beginat
the time of admission
deleted text end.

new text begin (b)new text end This notification must include:

(1) patient rights specified in this section and section 144.651, including nursing home
discharge rights;

(2) the right to obtain treatment and services voluntarily under this chapter;

(3) the right to voluntary admission and release under section 253B.04;

(4) rights in case of an emergency admission under section deleted text begin253B.05deleted text endnew text begin 253B.051new text end, including
the right to documentation in support of an emergency hold and the right to a summary
hearing before a judge if the patient believes an emergency hold is improper;

(5) the right to request expedited review under section 62M.05 if additional days of
inpatient stay are denied;

(6) the right to continuing benefits pending appeal and to an expedited administrative
hearing under section 256.045 if the patient is a recipient of medical assistance or
MinnesotaCare; and

(7) the right to an external appeal process under section 62Q.73, including the right to
a second opinion.

Sec. 27.

Minnesota Statutes 2018, section 253B.04, subdivision 1, is amended to read:


Subdivision 1.

Voluntary admission and treatment.

(a) Voluntary admission is preferred
over involuntary commitment and treatment. Any person 16 years of age or older may
request to be admitted to a treatment facility new text beginor state-operated treatment program new text endas a
voluntary patient for observation, evaluation, diagnosis, care and treatment without making
formal written application. Any person under the age of 16 years may be admitted as a
patient with the consent of a parent or legal guardian if it is determined by independent
examination that there is reasonable evidence that (1) the proposed patient has a mental
illness, deleted text beginor is developmentally disableddeleted text endnew text begin developmental disability,new text end or deleted text beginchemically dependentdeleted text endnew text begin
chemical dependency
new text end; and (2) the proposed patient is suitable for treatment. The head of
the treatment facility new text beginor head of the state-operated treatment program new text endshall not arbitrarily
refuse any person seeking admission as a voluntary patient. In making decisions regarding
admissions, the new text begintreatment new text endfacility new text beginor state-operated treatment program new text endshall use clinical
admission criteria consistent with the current applicable inpatient admission standards
established by new text beginprofessional organizations including new text endthe American Psychiatric Association
deleted text begin ordeleted text endnew text begin,new text end the American Academy of Child and Adolescent Psychiatrynew text begin, the Joint Commission, and
the American Society of Addiction Medicine
new text end. These criteria must be no more restrictive
than, and must be consistent with, the requirements of section 62Q.53. The new text begintreatment new text endfacility
new text begin or head of the state-operated treatment program new text endmay not refuse to admit a person voluntarily
solely because the person does not meet the criteria for involuntary holds under section
deleted text begin 253B.05deleted text endnew text begin 253B.051new text end or the definition of new text begina person posing a risk of harm due to new text endmental illness
under section 253B.02, subdivision 13.

(b) In addition to the consent provisions of paragraph (a), a person who is 16 or 17 years
of age who refuses to consent personally to admission may be admitted as a patient for
mental illness or chemical dependency treatment with the consent of a parent or legal
guardian if it is determined by an independent examination that there is reasonable evidence
that the proposed patient is chemically dependent or has a mental illness and is suitable for
treatment. The person conducting the examination shall notify the proposed patient and the
parent or legal guardian of this determination.

(c) A person who is voluntarily participating in treatment for a mental illness is not
subject to civil commitment under this chapter if the person:

(1) has given informed consent or, if lacking capacity, is a person for whom legally valid
substitute consent has been given; and

(2) is participating in a medically appropriate course of treatment, including clinically
appropriate and lawful use of deleted text beginneurolepticdeleted text endnew text begin psychotropicnew text end medication and electroconvulsive
therapy. The limitation on commitment in this paragraph does not apply if, based on clinical
assessment, the court finds that it is unlikely that the deleted text beginpersondeleted text endnew text begin patientnew text end will remain in and
cooperate with a medically appropriate course of treatment absent commitment and the
standards for commitment are otherwise met. This paragraph does not apply to a person for
whom commitment proceedings are initiated pursuant to rule 20.01 or 20.02 of the Rules
of Criminal Procedure, or a person found by the court to meet the requirements under section
253B.02, subdivision 17.

new text begin (d) new text endLegally valid substitute consent may be provided by a proxy under a health care
directive, a guardian or conservator with authority to consent to mental health treatment,
or consent to admission under subdivision 1a or 1b.

Sec. 28.

Minnesota Statutes 2018, section 253B.04, subdivision 1a, is amended to read:


Subd. 1a.

Voluntary treatment or admission for persons with new text begina new text endmental illness.

(a)
A person with a mental illness may seek or voluntarily agree to accept treatment or admission
to a new text beginstate-operated treatment program or new text endfacility. If the mental health provider determines
that the person lacks the capacity to give informed consent for the treatment or admission,
and in the absence of a health care deleted text beginpower of attorneydeleted text endnew text begin directivenew text end that authorizes consent, the
designated agency or its designee may give informed consent for mental health treatment
or admission to deleted text begina treatmentdeleted text endnew text begin thenew text end facility new text beginor state-operated treatment program new text endon behalf of the
person.

(b) The designated agency shall apply the following criteria in determining the person's
ability to give informed consent:

(1) whether the person demonstrates an awareness of the person's illness, and the reasons
for treatment, its risks, benefits and alternatives, and the possible consequences of refusing
treatment; and

(2) whether the person communicates verbally or nonverbally a clear choice concerning
treatment that is a reasoned one, not based on delusion, even though it may not be in the
person's best interests.

(c) The basis for the designated agency's decision that the person lacks the capacity to
give informed consent for treatment or admission, and that the patient has voluntarily
accepted treatment or admission, must be documented in writing.

(d) A deleted text beginmental health providerdeleted text endnew text begin treatment facility or state-operated treatment programnew text end that
provides treatment in reliance on the written consent given by the designated agency under
this subdivision or by a substitute decision maker appointed by the court is not civilly or
criminally liable for performing treatment without consent. This paragraph does not affect
any other liability that may result from the manner in which the treatment is performed.

(e) A deleted text beginpersondeleted text endnew text begin patientnew text end who receives treatment or is admitted to a new text begintreatment new text endfacility new text beginor
state-operated treatment program
new text endunder this subdivision or subdivision 1b has the right to
refuse treatment at any time or to be released from a new text begintreatment new text endfacility new text beginor state-operated
treatment program
new text endas provided under subdivision 2. The deleted text beginpersondeleted text endnew text begin patientnew text end or any interested
person acting on the deleted text beginperson'sdeleted text endnew text begin patient'snew text end behalf may seek court review within five days for a
determination of whether the deleted text beginperson'sdeleted text endnew text begin patient'snew text end agreement to accept treatment or admission
is voluntary. At the time a deleted text beginpersondeleted text endnew text begin patientnew text end agrees to treatment or admission to a new text begintreatment
new text end facility new text beginor state-operated treatment program new text endunder this subdivision, the designated agency
or its designee shall inform the deleted text beginpersondeleted text endnew text begin patientnew text end in writing of the deleted text beginperson'sdeleted text endnew text begin patient'snew text end rights under
this paragraph.

(f) This subdivision does not authorize the administration of deleted text beginneurolepticdeleted text endnew text begin psychotropicnew text end
medications. deleted text beginNeurolepticdeleted text endnew text begin Psychotropicnew text end medications may be administered only as provided
in section 253B.092.

Sec. 29.

Minnesota Statutes 2018, section 253B.04, subdivision 2, is amended to read:


Subd. 2.

Release.

Every patient admitted for mental illness or developmental disability
under this section shall be informed in writing at the time of admission that the patient has
a right to leave the new text begintreatment new text endfacility new text beginor state-operated treatment program new text endwithin 12 hours
of making a request, unless held under another provision of this chapter. Every patient
admitted for chemical dependency under this section shall be informed in writing at the
time of admission that the patient has a right to leave the new text begintreatment new text endfacility new text beginor state-operated
treatment program
new text endwithin 72 hours, exclusive of Saturdays, Sundays, and new text beginlegal new text endholidays,
of making a request, unless held under another provision of this chapter. The request shall
be submitted in writing to the head of the deleted text begintreatmentdeleted text end facilitynew text begin or programnew text end or the deleted text beginperson'sdeleted text endnew text begin
patient's
new text end designee.

Sec. 30.

new text begin [253B.041] SERVICES FOR ENGAGEMENT IN TREATMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Eligibility. new text end

new text begin (a) The purpose of engagement services is to avoid the need
for commitment and to enable the proposed patient to engage in needed treatment voluntarily.
An interested person may apply to the county where a proposed patient resides to request
engagement services.
new text end

new text begin (b) To be eligible for engagement services, the proposed patient must be at least 18 years
of age, have a mental illness, and either:
new text end

new text begin (1) be exhibiting symptoms of serious mental illness including hallucinations, mania,
delusional thoughts, or inability to obtain necessary food, clothing, shelter, medical care,
or provide necessary hygiene; or
new text end

new text begin (2) have a history of failing to adhere to treatment for mental illness, in that:
new text end

new text begin (i) the proposed patient's mental illness has, at least twice within the previous 36 months
been a substantial factor in necessitating hospitalization, or incarceration in a state or local
correctional facility, not including any period during which the person was hospitalized or
incarcerated immediately preceding filing the application for engagement; or
new text end

new text begin (ii) the proposed patient received court-ordered mental health treatment, whether inpatient
or outpatient, at least two times in the previous 36 months and the proposed patient is
exhibiting symptoms or behavior substantially similar to those that precipitated a
court-ordered treatment.
new text end

new text begin Subd. 2. new text end

new text begin Administration. new text end

new text begin (a) Upon receipt of a request for engagement services, the
county's prepetition screening team shall conduct an investigation to determine whether the
proposed patient is eligible. In making this determination, the screening team shall seek any
relevant information from an interested person.
new text end

new text begin (b) If the screening team determines that the proposed patient is eligible, engagement
services must begin and include, but are not limited to:
new text end

new text begin (1) assertive attempts to engage the patient in voluntary treatment for mental illness for
at least 90 days. Engagement services must be person-centered and continue even if the
patient is an inmate in a correctional facility;
new text end

new text begin (2) efforts to engage the patient's existing systems of support, including interested persons,
unless the engagement provider determines that involvement is not helpful to the patient.
This includes education on restricting means of harm, suicide prevention, and engagement;
and
new text end

new text begin (3) collaboration with the patient to meet immediate needs including access to housing,
food, income, disability verification, medications, and treatment for medical conditions.
new text end

new text begin (c) Engagement services regarding potential treatment options must take into account
the patient's preferences for services and supports. The county may offer engagement services
through the designated agency or another agency under contract. Engagement services staff
must have training in person-centered care.
new text end

new text begin (d) If the patient voluntarily consents to receive mental health treatment, the engagement
services staff must facilitate the referral to an appropriate mental health treatment provider
including support obtaining health insurance if the proposed patient is currently or may
become uninsured. If the proposed patient initially consents to treatment, but fails to initiate
or continue treatment, the engagement services team must continue outreach efforts to the
patient.
new text end

new text begin Subd. 3. new text end

new text begin Commitment. new text end

new text begin Engagement services for a patient to seek treatment may be
stopped if the proposed patient is in need of commitment and satisfies the commitment
criteria under section 253B.09, subdivision 1. In such a case, the engagement services team
must immediately notify the designated agency, initiate the prepetition screening process
under section 253B.07, or seek an emergency hold if necessary to ensure the safety of the
patient or others.
new text end

new text begin Subd. 4. new text end

new text begin Evaluation. new text end

new text begin Counties may, but are not required to, provide engagement services.
The commissioner shall conduct a pilot project evaluating the impact of engagement services
in decreasing commitments, increasing engagement in treatment, and other measures.
new text end

Sec. 31.

Minnesota Statutes 2018, section 253B.045, subdivision 2, is amended to read:


Subd. 2.

Facilities.

(a) Each 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 deleted text beginregionaldeleted text end
new text begin state-operated new text endtreatment deleted text begincenterdeleted text endnew text begin programnew text end, the commissioner shall charge the county of
financial responsibility for the costs of confinement of deleted text beginpersonsdeleted text endnew text begin patientsnew text end hospitalized under
deleted text begin section 253B.05, subdivisions 1 and 2,deleted text endnew text begin sections 253B.051new text end and deleted text beginsectiondeleted text end 253B.07, subdivision
2b
, except that the commissioner shall bill the responsible health plan first. Any charges
not covered, including co-pays and deductibles shall be the responsibility of the county. If
the deleted text beginpersondeleted text endnew text begin patientnew text end 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 new text beginsection
253D.10,
new text endsubdivision deleted text begin1adeleted text endnew text begin 2new text end, 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.

(b) For the purposes of this subdivision, "county of financial responsibility" has the
meaning specified in section 253B.02, subdivision 4c, or, if the deleted text beginpersondeleted text endnew text begin patientnew text end has no
residence in this state, the county which initiated the confinement. The charge for
confinement in a facility operated by the commissioner deleted text beginof human servicesdeleted text end 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.

Sec. 32.

Minnesota Statutes 2018, section 253B.045, subdivision 3, is amended to read:


Subd. 3.

Cost of care.

Notwithstanding subdivision 2, a county shall be responsible for
the cost of care as specified under section 246.54 for deleted text beginpersonsdeleted text endnew text begin patientsnew text end hospitalized at a
deleted text begin regionaldeleted text end new text beginstate-operated new text endtreatment deleted text begincenterdeleted text endnew text begin programnew text end in accordance with section 253B.09 and
the deleted text beginperson'sdeleted text endnew text begin patient'snew text end legal status has been changed to a court hold under section 253B.07,
subdivision 2b
, pending a judicial determination regarding continued commitment pursuant
to sections 253B.12 and 253B.13.

Sec. 33.

Minnesota Statutes 2018, section 253B.045, subdivision 5, is amended to read:


Subd. 5.

Health plan company; definition.

For purposes of this section, "health plan
company" has the meaning given it in section 62Q.01, subdivision 4, and also includes a
demonstration provider as defined in section 256B.69, subdivision 2, paragraph (b)deleted text begin,deleted text endnew text begin; andnew text end a
county or group of counties participating in county-based purchasing according to section
256B.692deleted text begin, and a children's mental health collaborative under contract to provide medical
assistance for individuals enrolled in the prepaid medical assistance and MinnesotaCare
programs according to sections 245.493 to 245.495
deleted text end.

Sec. 34.

Minnesota Statutes 2018, section 253B.045, subdivision 6, is amended to read:


Subd. 6.

Coverage.

(a) For purposes of this section, "mental health services" means all
covered services that are intended to treat or ameliorate an emotional, behavioral, or
psychiatric condition and that are covered by the policy, contract, or certificate of coverage
of the enrollee's health plan company or by law.

(b) All health plan companies that provide coverage for mental health services must
cover or provide mental health services ordered by a court of competent jurisdiction deleted text beginunder
a court order that is issued on the basis of a behavioral care evaluation performed by a
licensed psychiatrist or a doctoral level licensed psychologist, which includes a diagnosis
and an individual treatment plan for care in the most appropriate, least restrictive
environment. The health plan company must be given a copy of the court order and the
behavioral care evaluation. The health plan company shall be financially liable for the
evaluation if performed by a participating provider of the health plan company and shall be
financially liable for the care included in the court-ordered individual treatment plan if the
care is covered by the health plan company and ordered to be provided by a participating
provider or another provider as required by rule or law
deleted text end. This court-ordered coverage must
not be subject to a separate medical necessity determination by a health plan company under
its utilization procedures.

Sec. 35.

new text begin [253B.051] EMERGENCY ADMISSION.
new text end

new text begin Subdivision 1. new text end

new text begin Peace officer or health officer authority. new text end

new text begin (a) If a peace officer or health
officer has reason to believe, either through direct observation of the person's behavior or
upon reliable information of the person's recent behavior and, if available, knowledge or
reliable information concerning the person's past behavior or treatment that the person:
new text end

new text begin (1) has a mental illness or developmental disability and is in danger of harming self or
others if not immediately detained, the peace officer or health officer may take the person
into custody and transport the person to a licensed physician or treatment facility or program;
or
new text end

new text begin (2) is chemically dependent or intoxicated in public and in danger of harming self or
others if not immediately detained, the peace officer or health officer may take the person
into custody and transport the person to a facility or program; or
new text end

new text begin (3) is chemically dependent or intoxicated in public and not in danger of harming self,
others, or property, the peace officer or health officer may take the person into custody and
transport the person to the person's place of residence.
new text end

new text begin (b) An examiner's written statement or a written statement completed by a health officer
complying with the requirements of subdivision 2 is sufficient authority for a peace officer
or health officer to take the person into custody and transport the person to a treatment
facility, state-operated treatment program, or community-based treatment program.
new text end

new text begin (c) A peace officer or health officer who takes a person into custody and transports the
person to a facility or program under this subdivision shall make written application for
admission of the person containing:
new text end

new text begin (1) the officer's statement specifying the reasons and circumstances under which the
person was taken into custody;
new text end

new text begin (2) identifying information on specific individuals to the extent practicable, if danger to
those individuals is a basis for the emergency hold; and
new text end

new text begin (3) the officer's name, the agency that employs the officer, and the telephone number or
other contact information for purposes of receiving notice under subdivision 3.
new text end

new text begin (d) A copy of the examiner's written statement and officer's application shall be made
available to the person taken into custody.
new text end

new text begin (e) The officer may provide the transportation personally or may arrange to have the
person transported by a suitable medical or mental health transportation provider. As far as
practicable, a peace officer who provides transportation for a person placed in a facility or
program under this subdivision must not be in uniform and must not use a vehicle visibly
marked as a law enforcement vehicle.
new text end

new text begin Subd. 2. new text end

new text begin Emergency hold. new text end

new text begin (a) Any patient present at a facility or program, including a
patient transported under subdivision 1, may be admitted or held for emergency care and
treatment, except at a facility operated by the Minnesota sex offender program, with the
consent of the head of the facility or program upon a written statement by an examiner.
new text end

new text begin (b) The written statement must indicate that:
new text end

new text begin (1) the examiner examined the patient not more than 15 days prior to admission;
new text end

new text begin (2) the examiner interviewed the patient, or if not, the specific reasons why the patient
was not interviewed;
new text end

new text begin (3) the examiner is of the opinion that the patient has a mental illness or developmental
disability, or is chemically dependent and is in danger of causing harm to self or others if
not immediately detained. The statement must be stated in behavioral terms and not in
conclusory language and must be of sufficient specificity to provide an adequate record for
review. If danger to specific individuals is a basis for the emergency hold the statement
must identify those individuals to the extent practicable; and
new text end

new text begin (4) an order of the court cannot be obtained in time to prevent the anticipated injury.
new text end

new text begin (c) Prior to an examiner making the written statement, if the patient was brought to the
facility or program by another person, the examiner shall make a good-faith effort to obtain
a statement of information that is available from that person, which must be taken into
consideration in deciding whether to place the patient on an emergency hold. To the extent
available, the statement must include direct observations of the patient's behaviors, reliable
knowledge of recent and past behavior, and information regarding psychiatric history, past
treatment, and current mental health providers. The examiner shall also inquire into the
existence of health care directives under chapter 145C and advance psychiatric directives
under section 253B.03, subdivision 6d.
new text end

new text begin (d) A copy of the examiner's written statement must be personally served on the patient
immediately upon initiating the emergency hold and a copy shall be maintained by the
facility or program. The patient must also be informed in writing of the right to (1) leave
after 72 hours, (2) a medical examination within 48 hours, and (3) request a change to
voluntary status. The facility or program shall assist the patient in exercising the rights
granted in this subdivision.
new text end

new text begin (e) A patient must not be allowed or required to consent to or participate in a clinical
drug trial during an emergency admission or hold under this subdivision. A consent given
during a period of an emergency admission or hold is void and unenforceable. This paragraph
does not prohibit a patient from continuing participation in a clinical drug trial if the patient
was participating in the clinical drug trial at the time of the emergency admission or hold.
new text end

new text begin Subd. 3. new text end

new text begin Duration of hold, release procedures, and change of status. new text end

new text begin (a) A person
transported to a facility or program under subdivision 1 must be examined and a
determination made about the need for an emergency hold as soon as possible, but within
12 hours of the person's arrival at the facility or program. The peace officer or health officer
hold ends upon whichever occurs first: (1) initiation of an emergency hold on the person
under subdivision 2; (2) the person's voluntary admission to the facility or program; (3) the
examiner's decision to not admit the person to the facility or program; or (4) 12 hours after
the person's arrival at the facility or program.
new text end

new text begin (b) Any patient subject to an emergency hold under this section may be held up to 72
hours, exclusive of Saturdays, Sundays, and legal holidays, after service of the examiner's
written statement for emergency hold on the patient. A patient held under this section must
be released at the end of the emergency hold unless a court order to hold the patient is
obtained. A consecutive emergency hold order under this section must not be issued.
new text end

new text begin (c) If a petition for the commitment of the patient is filed, the court may issue a judicial
hold order pursuant to section 253B.07, subdivision 2b.
new text end

new text begin (d) During the 72-hour hold, a court must not release a patient under this section unless
the court received a written petition for release and held a summary hearing regarding the
release.
new text end

new text begin (e) The written petition for release must include the name of the patient being held, the
basis for and location of the hold, and a statement why the hold is improper. The petition
must also include copies of any written documentation under subdivision 1 or 2 in support
of the hold, unless the patient, or facility or program holding the patient, refuses to supply
the documentation. Upon receipt of a petition the court must comply with the following:
new text end

new text begin (1) the hearing must be held as soon as practicable and may be conducted by telephone
conference call, interactive video conference, or similar method by which the participants
are able to simultaneously hear each other;
new text end

new text begin (2) before deciding to release the patient, the court shall make every reasonable effort
to provide notice of the proposed release and reasonable opportunity to be heard to:
new text end

new text begin (i) 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 is not held;
new text end

new text begin (ii) the examiner whose written statement was the basis for the hold under subdivision
2; and
new text end

new text begin (iii) the peace officer or health officer who applied for a hold under subdivision 1; and
new text end

new text begin (3) if the court decides to release the patient, the court shall direct the release and shall
issue written findings supporting the decision. The release must not be delayed pending the
written order.
new text end

new text begin (f) Notwithstanding section 144.293, subdivisions 2 and 4, if a facility or program releases
or discharges a patient during the 72-hour hold; the examiner refuses to admit the patient;
or the patient leaves the facility or program without the consent of the treatment health care
provider, the head of the facility or program shall immediately notify the agency that employs
the peace officer or health officer who initiated the hold to transport the person to the facility
or program under this section. This paragraph does not apply to the extent that the notice
would violate federal law governing the confidentiality of alcohol and drug abuse patient
records under Code of Federal Regulations, title 42, part 2.
new text end

new text begin (g) If a person is intoxicated in public and held under this section for detoxification, a
facility or program may release the person without providing notice under paragraph (f) as
soon as the facility or program determines the person is no longer in danger of causing harm
to self 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.
new text end

new text begin (h) Any patient admitted pursuant to this section shall be changed to voluntary status as
provided in section 253B.04 upon the patient's request in writing if the head of the facility
or program consents to the change.
new text end

Sec. 36.

Minnesota Statutes 2018, section 253B.06, subdivision 1, is amended to read:


Subdivision 1.

Persons deleted text beginwho are mentally ill or developmentally disableddeleted text endnew text begin with mental
illness or developmental disability
new text end.

Every patient hospitalized deleted text beginas mentally ill or
developmentally disabled
deleted text endnew text begin due to mental illness or developmental disabilitynew text end pursuant to
section 253B.04 or deleted text begin253B.05deleted text endnew text begin 253B.051new text end must be examined by a physician as soon as possible
but no more than 48 hours following admission. The physician shall be knowledgeable and
trained in the diagnosis of the alleged disability related to the need for admission as a person
deleted text begin who is mentally ill or developmentally disableddeleted text endnew text begin with a mental illness or developmental
disability
new text end.

Sec. 37.

Minnesota Statutes 2018, section 253B.06, subdivision 2, is amended to read:


Subd. 2.

Chemically dependent persons.

Patients deleted text beginhospitalizeddeleted text endnew text begin present in a treatment
facility or program
new text end as chemically dependent pursuant to section 253B.04 or deleted text begin253B.05deleted text endnew text begin
253B.051
new text end
shall also be examined within 48 hours of admission. At a minimum, the
examination shall consist of a physical evaluation by new text begintreatment new text endfacility new text beginor community-based
program
new text endstaff according to procedures established by a physician and an evaluation by staff
knowledgeable and trained in the diagnosis of the alleged disability related to the need for
admission as a chemically dependent person.

Sec. 38.

Minnesota Statutes 2018, section 253B.06, subdivision 3, is amended to read:


Subd. 3.

Discharge.

At the end of a 48-hour period, any patient admitted pursuant to
section deleted text begin253B.05deleted text endnew text begin 253B.051new text end shall be discharged if an examination has not been held or if the
examiner or evaluation staff person fails to notify the head of the deleted text begintreatmentdeleted text end facility new text beginor
program
new text endin writing that in the examiner's or staff person's opinion the patient is apparently
in need of care, treatment, and evaluation as a deleted text beginmentally ill, developmentally disabled, or
chemically dependent
deleted text end personnew text begin who has a mental illness, developmental disability, or chemical
dependency
new text end.

Sec. 39.

Minnesota Statutes 2018, section 253B.07, subdivision 1, is amended to read:


Subdivision 1.

Prepetition screening.

(a) Prior to filing a petition for commitment of
deleted text begin or early intervention fordeleted text end a proposed patient, an interested person shall apply to the designated
agency in the county of financial responsibility or the county where the proposed patient is
present 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) deleted text begina personaldeleted text endnew text begin annew text end interview with the proposed patient and other individuals who appear
to have knowledge of the condition of the proposed patientnew text begin, if practicablenew text end. new text beginIn-person
interviews with the proposed patient are preferred.
new text endIf 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, deleted text beginthe followingdeleted text end informationdeleted text begin, if
it is known or available,
deleted text end that may be relevant to the administration of deleted text beginneurolepticdeleted text endnew text begin psychotropicnew text end
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 deleted text beginneurolepticdeleted text endnew text begin
psychotropic
new text end 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 deleted text beginservices the enrollee needs and the least restrictive alternativesdeleted text endnew text begin
relevant treatment history and current treatment providers
new text end; 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 deleted text begintreatmentdeleted text end
facilitiesnew text begin or programsnew text end. 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 deleted text beginand early interventiondeleted text end.
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 new text begincourt new text endexaminer, 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 deleted text beginstate regional treatment center or group
home
deleted text endnew text begin state-operated treatment programnew text end, 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 petitionernew text begin, any specific
individuals identified in the examiner's statement,
new text end 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. 40.

Minnesota Statutes 2018, 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
financial responsibility or the county where the proposed patient is present. If the head of
the deleted text begintreatmentdeleted text end facilitynew text begin or programnew text end believes that commitment is required and no petition has
been filed, deleted text beginthe head of the treatment facilitydeleted text endnew text begin that personnew text end shall petition for the commitment
of the deleted text beginpersondeleted text endnew text begin proposed patientnew text end.

(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 deleted text beginis sufferingdeleted text endnew text begin hasnew text end a designated
disability and should be committed to a deleted text begintreatmentdeleted text end facilitynew text begin or programnew text end. 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 includedeleted text begin, to the extent this information is
available,
deleted text end a statement and opinion regarding the proposed patient's need for treatment with
deleted text begin neurolepticdeleted text endnew text begin psychotropicnew text end medication and the patient's capacity to make decisions regarding
the administration of deleted text beginneurolepticdeleted text endnew text begin psychotropicnew text end medications, and the reasons for the opinion.
If use of deleted text beginneurolepticdeleted text endnew text begin psychotropicnew text end medications is recommended by the treating physiciannew text begin
or other qualified medical provider
new text end, the petition for commitment must, if applicabledeleted text begin,deleted text end include
or be accompanied by a request for proceedings under section 253B.092. Failure to include
the required information regarding deleted text beginneurolepticdeleted text endnew text begin psychotropicnew text end medications in the examiner's
statement, or to include a request for an order regarding deleted text beginneurolepticdeleted text endnew text begin psychotropicnew text end 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. 41.

Minnesota Statutes 2018, section 253B.07, subdivision 2b, is amended to read:


Subd. 2b.

Apprehend and hold orders.

(a) The court may order the treatment facility
new text begin or state-operated treatment program new text endto hold the deleted text beginperson in a treatment facilitydeleted text endnew text begin proposed
patient
new text end or direct a health officer, peace officer, or other person to take the proposed patient
into custody and transport the proposed patient to a treatment facility new text beginor state-operated
treatment program
new text endfor observation, evaluation, diagnosis, care, treatment, and, if necessary,
confinement, when:

(1) there has been a particularized showing by the petitioner that serious physical harm
to the proposed patient or others is likely unless the proposed patient is immediately
apprehended;

(2) the proposed patient has not voluntarily appeared for the examination or the
commitment hearing pursuant to the summons; or

(3) a person is held pursuant to section deleted text begin253B.05deleted text endnew text begin 253B.051new text end and a request for a petition
for commitment has been filed.

(b) The order of the court may be executed on any day and at any time by the use of all
necessary means including the imposition of necessary restraint upon the proposed patient.
Where possible, a peace officer taking the proposed patient into custody pursuant to this
subdivision shall not be in uniform and shall not use a deleted text beginmotordeleted text end vehicle visibly marked as a
deleted text begin policedeleted text endnew text begin law enforcementnew text end vehicle. Except as provided in section 253D.10, subdivision 2, in
the case of an individual on a judicial hold due to a petition for civil commitment under
chapter 253D, assignment of custody during the hold is to the commissioner deleted text beginof human
services
deleted text end. The commissioner is responsible for determining the appropriate placement within
a secure treatment facility under the authority of the commissioner.

(c) A proposed patient must not be allowed or required to consent to nor participate in
a clinical drug trial while an order is in effect under this subdivision. A consent given while
an order is in effect is void and unenforceable. This paragraph does not prohibit a patient
from continuing participation in a clinical drug trial if the patient was participating in the
new text begin clinical new text enddrug trial at the time the order was issued under this subdivision.

Sec. 42.

Minnesota Statutes 2018, 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 the Minnesota county where the person currently lives,
whether independently or pursuant to a placement. new text beginThe county attorney of the proposed
county of venue must be notified of the motion and provided the opportunity to respond
before the court rules on the motion.
new text endThe court shall grant the motion if it determines that
the transfer is appropriate and is in the interests of justice. If the petition has been filed
pursuant to the Rules of Criminal or Juvenile Procedure, venue may not be changed without
the new text beginagreement of the county attorney of the proposed county of venue and the new text endapproval of
the court in which the juvenile or criminal proceedings are pending.

Sec. 43.

Minnesota Statutes 2018, section 253B.07, subdivision 3, is amended to read:


Subd. 3.

new text beginCourt-appointed new text endexaminers.

After a petition has been filed, the court shall
appoint deleted text beginandeleted text endnew text begin a courtnew text end examiner. Prior to the hearing, the court shall inform the proposed patient
of the right to an independent second examination. At the proposed patient's request, the
court shall appoint a second new text begincourt new text endexaminer of the patient's choosing to be paid for by the
county at a rate of compensation fixed by the court.

Sec. 44.

Minnesota Statutes 2018, section 253B.07, subdivision 4, is amended to read:


Subd. 4.

Prehearing examination; notice and summons procedure.

(a) A summons
to appear for a prehearing examination and the commitment hearing shall be served upon
the proposed patient. A plain language notice of the proceedings and notice of the filing of
the petition shall be given to the proposed patient, patient's counsel, the petitioner, any
interested person, and any other persons as the court directs.

(b) The prepetition screening report, the petition, and the examiner's supporting statement
shall be distributed to the petitioner, the proposed patient, the patient's counsel, the county
attorney, any person authorized by the patient, and any other person as the court directs.

(c) All papers shall be served personally on the proposed patient. Unless otherwise
ordered by the court, the notice shall be served on the proposed patient by a nonuniformed
person.

Sec. 45.

Minnesota Statutes 2018, section 253B.07, subdivision 5, is amended to read:


Subd. 5.

Prehearing examination; report.

The examination shall be held at a treatment
facility or other suitable place the court determines is not likely to harm the health of the
proposed patient. The county attorney and the patient's attorney may be present during the
examination. Either party may waive this right. Unless otherwise agreed by the parties, a
court-appointed examiner shall file the report with the court not less than 48 hours prior to
the commitment hearing. The court shall ensure that copies of the new text begincourt-appointed new text endexaminer's
report are provided to the county attorney, the proposed patient, and the patient's counsel.

Sec. 46.

Minnesota Statutes 2018, section 253B.07, subdivision 7, is amended to read:


Subd. 7.

Preliminary hearing.

(a) No proposed patient may be held in a treatment
facility new text beginor state-operated treatment program new text endunder a judicial hold pursuant to subdivision
2b longer than 72 hours, exclusive of Saturdays, Sundays, and legal holidays, unless the
court holds a preliminary hearing and determines that the standard is met to hold the deleted text beginpersondeleted text endnew text begin
proposed patient
new text end.

(b) The proposed patient, patient's counsel, the petitioner, the county attorney, and any
other persons as the court directs shall be given at least 24 hours written notice of the
preliminary hearing. The notice shall include the alleged grounds for confinement. The
proposed patient shall be represented at the preliminary hearing by counsel. The court may
admit reliable hearsay evidence, including written reports, for the purpose of the preliminary
hearing.

(c) The court, on its motion or on the motion of any party, may exclude or excuse a
proposed patient who is seriously disruptive or who is incapable of comprehending and
participating in the proceedings. In such instances, the court shall, with specificity on the
record, state the behavior of the proposed patient or other circumstances which justify
proceeding in the absence of the proposed patient.

(d) The court may continue the judicial hold of the proposed patient if it finds, by a
preponderance of the evidence, that serious physical harm to the proposed patient or others
is likely if the proposed patient is not immediately confined. If a proposed patient was
acquitted of a crime against the person under section 611.026 immediately preceding the
filing of the petition, the court may presume that serious physical harm to the patient or
others is likely if the proposed patient is not immediately confined.

(e) Upon a showing that a deleted text beginpersondeleted text endnew text begin proposed patientnew text end subject to a petition for commitment
may need treatment with deleted text beginneurolepticdeleted text endnew text begin psychotropicnew text end medications and that the deleted text beginpersondeleted text endnew text begin proposed
patient
new text end may lack capacity to make decisions regarding that treatment, the court may appoint
a substitute decision-maker as provided in section 253B.092, subdivision 6. The substitute
decision-maker shall meet with the proposed patient and provider and make a report to the
court at the hearing under section 253B.08 regarding whether the administration of
deleted text begin neurolepticdeleted text endnew text begin psychotropicnew text end medications is appropriate under the criteria of section 253B.092,
subdivision 7
. If the substitute decision-maker consents to treatment with deleted text beginneurolepticdeleted text endnew text begin
psychotropic
new text end medications and the proposed patient does not refuse the medication, deleted text beginneurolepticdeleted text endnew text begin
psychotropic
new text end medication may be administered to the new text beginproposed new text endpatient. If the substitute
decision-maker does not consent or the new text beginproposed new text endpatient refuses, deleted text beginneurolepticdeleted text endnew text begin psychotropicnew text end
medication may not be administered without a court order, or in an emergency as set forth
in section 253B.092, subdivision 3.

Sec. 47.

Minnesota Statutes 2018, section 253B.08, subdivision 1, is amended to read:


Subdivision 1.

Time for commitment hearing.

(a) The hearing on the commitment
petition shall be held within 14 days from the date of the filing of the petition, except that
the hearing on a commitment petition pursuant to section 253D.07 shall be held within 90
days from the date of the filing of the petition. For good cause shown, the court may extend
the time of hearing up to an additional 30 days. The proceeding shall be dismissed if the
proposed patient has not had a hearing on a commitment petition within the allowed time.

(b) The proposed patient, or the head of the deleted text begintreatmentdeleted text end facilitynew text begin or programnew text end in which the
deleted text begin persondeleted text endnew text begin patientnew text end is held, may demand in writing at any time that the hearing be held
immediately. Unless the hearing is held within five days of the date of the demand, exclusive
of Saturdays, Sundaysnew text begin,new text end and legal holidays, the petition shall be automatically dismissed if
the patient is being held in a treatment facilitynew text begin or community-based programnew text end pursuant to
court order. For good cause shown, the court may extend the time of hearing on the demand
for an additional ten days. This paragraph does not apply to a commitment petition brought
under section 253B.18 or chapter 253D.

Sec. 48.

Minnesota Statutes 2018, 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 facilitynew text begin or state-operated treatment programnew text end.
The hearing may be conducted by interactive video conference under General Rules of
Practice, rule 131, and Minnesota Rules of Civil Commitment, rule 14.

Sec. 49.

Minnesota Statutes 2018, section 253B.08, subdivision 5, is amended to read:


Subd. 5.

Absence permitted.

(a) The court may permit the proposed patient to waive
the right to attend the hearing if it determines that the waiver is freely given. At the time of
the hearing the new text beginproposed new text endpatient shall not be so under the influence of drugs, medication,
or other treatment so as to be hampered in participating in the proceedings. When the deleted text beginlicensed
physician or licensed psychologist attending the patient
deleted text endnew text begin professional responsible for the
proposed patient's treatment
new text end is of the opinion that the discontinuance of deleted text begindrugs,deleted text end medicationdeleted text begin,deleted text end
or other treatment is not in the best interest of the new text beginproposed new text endpatient, the court, at the time of
the hearing, shall be presented a record of all deleted text begindrugs,deleted text end medication or other treatment which
thenew text begin proposednew text end patient has received during the 48 hours immediately prior to the hearing.

(b) The court, on its own motion or on the motion of any party, may exclude or excuse
a proposed patient who is seriously disruptive or who is incapable of comprehending and
participating in the proceedings. In such instances, the court shall, with specificity on the
record, state the behavior of the proposed patient or other circumstances justifying proceeding
in the absence of the proposed patient.

Sec. 50.

Minnesota Statutes 2018, section 253B.08, subdivision 5a, is amended to read:


Subd. 5a.

Witnesses.

The proposed patient or the patient's counsel and the county attorney
may present and cross-examine witnesses, including new text begincourt-appointed new text endexaminers, at the
hearing. The court may in its discretion receive the testimony of any other person. Opinions
of court-appointed examiners may not be admitted into evidence unless the new text begincourt-appointed
new text end examiner is present to testify, except by agreement of the parties.

Sec. 51.

Minnesota Statutes 2018, section 253B.09, subdivision 1, is amended to read:


Subdivision 1.

Standard of proof.

(a) If the court finds by clear and convincing evidence
that the proposed patient is a person deleted text beginwho is mentally ill, developmentally disabled, or
chemically dependent
deleted text endnew text begin posing a risk of harm due to mental illness, or is a person who has a
developmental disability or chemical dependency,
new text end and after careful consideration of
reasonable alternative dispositionsdeleted text begin,deleted text end including but not limited todeleted text begin,deleted text end dismissal of petitiondeleted text begin,deleted text endnew text begin;new text end
voluntary outpatient caredeleted text begin,deleted text endnew text begin;new text end voluntary admission to a treatment facility,new text begin state-operated
treatment program, or community-based treatment program;
new text end appointment of a guardian or
conservatordeleted text begin,deleted text endnew text begin;new text end or release before commitment as provided for in subdivision 4, it finds that
there is no suitable alternative to judicial commitment, the court shall commit the patient
to the least restrictive treatment program or alternative programs which can meet the patient's
treatment needs consistent with section 253B.03, subdivision 7.

(b) In deciding on the least restrictive program, the court shall consider a range of
treatment alternatives includingdeleted text begin,deleted text end but not limited todeleted text begin,deleted text end community-based nonresidential
treatment, community residential treatment, partial hospitalization, acute care hospital,
new text begin assertive community treatment teams, new text endand deleted text beginregionaldeleted text endnew text begin state-operated new text end treatment deleted text begincenter servicesdeleted text endnew text begin
programs
new text end. The court shall also consider the proposed patient's treatment preferences and
willingness to participate voluntarily in the treatment ordered. The court may not commit
a patient to a facility or program that is not capable of meeting the patient's needs.

new text begin (c) If after careful consideration of reasonable alternative dispositions the court finds
no suitable alternative to judicial commitment and the least restrictive alternative as
determined in paragraph (a) is a facility or program that is less restrictive or more community
based than a state-operated treatment program, and there is a treatment facility or a
community-based treatment program willing to accept the patient as committed to it by the
court, the court may commit the patient to both the non-state-operated facility or
community-based treatment program and to the commissioner, in the event that treatment
in a state-operated treatment program becomes the least restrictive alternative. If there is a
change in the patient's level of care, then:
new text end

new text begin (1) in the event of a need for a higher level of care requiring admission to a state-operated
treatment program, custody of the patient and authority and responsibility for the commitment
may be transferred to the commissioner for as long as the higher level of care is needed;
and
new text end

new text begin (2) when treatment in the state-operated treatment program is no longer needed, the
patient may be provisionally discharged to an appropriate placement or released to the
treatment facility or community-based program if it continues to be willing and able to
readmit the patient to the program or facility, in which case the commitment, its authority
and responsibilities revert to the non-state-operated treatment program. Both agencies
accepting commitment shall coordinate admission and discharge planning to facilitate timely
access to the other's services as the needs of the patient determine and shall coordinate
treatment planning consistent with section 253B.03, subdivision 7.
new text end

deleted text begin (c)deleted text endnew text begin (d)new text end If the commitment deleted text beginas mentally ill, chemically dependent, or developmentally
disabled is to a service facility provided by the commissioner of human services
deleted text endnew text begin of a person
posing a risk of harm due to mental illness or as a person who has a developmental disability
or chemical dependency is to a state-operated treatment program
new text end, the court shall order the
commitment to the commissioner. The commissioner shall designate the placement of the
person to the court.

deleted text begin (d)deleted text endnew text begin (e)new text end If the court finds a proposed patient to be a person who is mentally ill under
section 253B.02, subdivision 13, deleted text beginparagraph (a),deleted text end clause deleted text begin(2) ordeleted text end (4), the court shall commit to
a community-based program that meets the proposed patient's needs. For purposes of this
paragraph, a community-based program may include inpatient mental health services at a
community hospital.

Sec. 52.

Minnesota Statutes 2018, section 253B.09, subdivision 2, is amended to read:


Subd. 2.

Findings.

new text begin(a) new text endThe court shall find the facts specifically, and separately state its
conclusions of law. Where commitment is ordered, the findings of fact and conclusions of
law shall specifically state the proposed patient's conduct which is a basis for determining
that each of the requisites for commitment is met.

new text begin (b) new text endIf commitment is ordered, the findings shall also identify less restrictive alternatives
considered and rejected by the court and the reasons for rejecting each alternative.

new text begin (c) new text endIf the proceedings are dismissed, the court may direct that the person be transported
back to a suitable locationnew text begin including to the person's place of residencenew text end.

Sec. 53.

Minnesota Statutes 2018, section 253B.09, subdivision 3a, is amended to read:


Subd. 3a.

Reporting judicial commitments; private treatment program or
facility.

Notwithstanding section 253B.23, subdivision 9, when a court commits a patient
to a treatment deleted text beginprogram ordeleted text end facility new text beginor community-based program new text endother than a state-operated
new text begin treatment new text endprogram deleted text beginor facilitydeleted text end, the court shall report the commitment to the commissioner
through the supreme court information system for purposes of providing commitment
information for firearm background checks under section 245.041.new text begin If the patient is committed
to a state-operated treatment program the court shall send a copy of the commitment order
to the commissioner.
new text end

Sec. 54.

Minnesota Statutes 2018, section 253B.09, subdivision 5, is amended to read:


Subd. 5.

Initial commitment period.

The initial commitment begins on the date that
the court issues its order or warrant under section 253B.10, subdivision 1. For deleted text beginpersonsdeleted text endnew text begin a
person
new text end committed as deleted text beginmentally ill, developmentally disabled,deleted text endnew text begin a person posing a risk of harm
due to mental illness, or a person who has a developmental disability,
new text end or deleted text beginchemically
dependent
deleted text end new text beginchemical dependency, new text endthe initial commitment shall not exceed six months.

Sec. 55.

Minnesota Statutes 2018, section 253B.092, is amended to read:


253B.092 ADMINISTRATION OF deleted text beginNEUROLEPTICdeleted text endnew text begin PSYCHOTROPIC new text end
MEDICATION.

Subdivision 1.

General.

deleted text beginNeurolepticdeleted text endnew text begin Psychotropicnew text end medications may be administered,
only as provided in this section, to patients subject to deleted text beginearly intervention ordeleted text end civil commitment
deleted text begin as mentally ill, mentally ill and dangerous, a sexually dangerous person, or a person with
a sexual psychopathic personality
deleted text endnew text begin under this chapter or chapter 253Dnew text end. For purposes of this
section, "patient" includes a proposed patient who is the subject of a petition for deleted text beginearly
intervention or
deleted text end commitment and a committed person as defined in section 253D.02,
subdivision 4.

Subd. 2.

Administration without judicial review.

deleted text beginNeurolepticdeleted text endnew text begin (a) Psychotropicnew text end
medications may be administered without judicial review in the following circumstances:

(1) the patient has the capacity to make an informed decision under subdivision 4;

(2) the patient does not have the present capacity to consent to the administration of
deleted text begin neurolepticdeleted text endnew text begin psychotropicnew text end medication, but prepared a health care directive under chapter
145C or a declaration under section 253B.03, subdivision 6d, requesting treatment or
authorizing an agent or proxy to request treatment, and the agent or proxy has requested
the treatment;

(3) the patient has been prescribed deleted text beginneurolepticdeleted text endnew text begin psychotropicnew text end medication prior to admission
to a treatment facility, but lacks the new text beginpresent new text endcapacity to consent to the administration of that
deleted text begin neurolepticdeleted text endnew text begin psychotropicnew text end medication; continued administration of the medication is in the
patient's best interest; and the patient does not refuse administration of the medication. In
this situation, the previously prescribed deleted text beginneurolepticdeleted text endnew text begin psychotropicnew text end medication may be
continued for up to 14 days while the treating physician:

(i) is obtaining a substitute decision-maker appointed by the court under subdivision 6;
or

(ii) is requesting new text begina court order authorizing administration of psychotropic medication or
new text end an amendment to a current court order authorizing administration of deleted text beginneurolepticdeleted text endnew text begin psychotropicnew text end
medication;

(4) a substitute decision-maker appointed by the court consents to the administration of
the deleted text beginneurolepticdeleted text endnew text begin psychotropicnew text end medication and the patient does not refuse administration of
the medication; or

(5) the substitute decision-maker does not consent or the patient is refusing medication,
and the patient is in an emergency situation.

new text begin (b) For the purposes of paragraph (a), clause (3), if a request for a substitute
decision-maker or a court order authorizing administration of psychotropic medication is
made to the court within 14 days, the treating physician may continue the medication through
the date of the hearing or until an order is otherwise issued by the court.
new text end

Subd. 3.

Emergency administration.

A treating physician may administer deleted text beginneurolepticdeleted text endnew text begin
psychotropic
new text end medication to a patient who does not have capacity to make a decision regarding
administration of the medication if the patient is in an emergency situation. Medication may
be administered for so long as the emergency continues to exist, up to 14 days, if the treating
physician determines that the medication is necessary to prevent serious, immediate physical
harm to the patient or to others. If a request for authorization to administer medication is
made to the court within the 14 days, the treating physician may continue the medication
through the date of the first court hearing, if the emergency continues to exist. If the request
for authorization to administer medication is made to the court in conjunction with a petition
for commitment deleted text beginor early interventiondeleted text end and the court makes a determination at the preliminary
hearing under section 253B.07, subdivision 7, that there is sufficient cause to continue the
physician's order until the hearing under section 253B.08, the treating physician may continue
the medication until that hearing, if the emergency continues to exist. The treatment facility
new text begin or program new text endshall document the emergency in the patient's medical record in specific
behavioral terms.

Subd. 4.

Patients with capacity to make informed decision.

A patient who has the
capacity to make an informed decision regarding the administration of deleted text beginneurolepticdeleted text endnew text begin
psychotropic
new text end medication may consent or refuse consent to administration of the medication.
The informed consent of a patient must be in writing.

Subd. 5.

Determination of capacity.

(a) new text beginThere is a rebuttable presumption that new text enda patient
deleted text begin is presumed to havedeleted text endnew text begin has thenew text end capacity to make decisions regarding administration of
deleted text begin neurolepticdeleted text endnew text begin psychotropicnew text end medication.

(b) deleted text beginIn determiningdeleted text end A deleted text beginperson'sdeleted text endnew text begin patient has thenew text end capacity to make decisions regarding the
administration of deleted text beginneurolepticdeleted text endnew text begin psychotropicnew text end medicationdeleted text begin, the court shall considerdeleted text endnew text begin if the patientnew text end:

(1) deleted text beginwhether the person demonstratesdeleted text endnew text begin hasnew text end an awareness of the nature of the deleted text beginperson's deleted text endnew text begin
patient's
new text endsituation, including the reasons for hospitalization, and the possible consequences
of refusing treatment with deleted text beginneurolepticdeleted text endnew text begin psychotropicnew text end medications;

(2) deleted text beginwhether the person demonstratesdeleted text end new text beginhas new text endan understanding of treatment with deleted text beginneurolepticdeleted text endnew text begin
psychotropic
new text end medications and the risks, benefits, and alternatives; and

(3) deleted text beginwhether the persondeleted text end communicates verbally or nonverbally a clear choice regarding
treatment with deleted text beginneurolepticdeleted text endnew text begin psychotropicnew text end medications that is a reasoned one not based on
deleted text begin delusiondeleted text endnew text begin a symptom of the patient's mental illnessnew text end, even though it may not be in the deleted text beginperson'sdeleted text end
new text begin patient's new text endbest interests.

new text begin (c) new text endDisagreement with the physician's recommendation new text beginalone new text endis not evidence of an
unreasonable decision.

Subd. 6.

Patients without capacity to make informed decision; substitute
decision-maker.

(a) Upon request of any person, and upon a showing that administration
of deleted text beginneurolepticdeleted text endnew text begin psychotropicnew text end medications may be recommended and that the deleted text beginpersondeleted text endnew text begin patientnew text end
may lack capacity to make decisions regarding the administration of deleted text beginneurolepticdeleted text endnew text begin psychotropicnew text end
medication, the court shall appoint a substitute decision-maker with authority to consent to
the administration of deleted text beginneurolepticdeleted text endnew text begin psychotropicnew text end medication as provided in this section. A
hearing is not required for an appointment under this paragraph. The substitute
decision-maker must be an individual or a community or institutional multidisciplinary
panel designated by the local mental health authority. In appointing a substitute
decision-maker, the court shall give preference to a guardian or conservator, proxy, or health
care agent with authority to make health care decisions for the patient. The court may provide
for the payment of a reasonable fee to the substitute decision-maker for services under this
section or may appoint a volunteer.

(b) If the deleted text beginperson'sdeleted text endnew text begin patient'snew text end treating physician recommends treatment with deleted text beginneurolepticdeleted text endnew text begin
psychotropic
new text end medication, the substitute decision-maker may give or withhold consent to
the administration of the medication, based on the standards under subdivision 7. If the
substitute decision-maker gives informed consent to the treatment and the deleted text beginpersondeleted text endnew text begin patientnew text end
does not refuse, the substitute decision-maker shall provide written consent to the treating
physician and the medication may be administered. The substitute decision-maker shall also
notify the court that consent has been given. If the substitute decision-maker refuses or
withdraws consent or the deleted text beginpersondeleted text endnew text begin patientnew text end refuses the medication, deleted text beginneurolepticdeleted text endnew text begin psychotropicnew text end
medication deleted text beginmaydeleted text endnew text begin mustnew text end not be administered to the deleted text beginperson withoutdeleted text endnew text begin patient except withnew text end a court
order or in an emergency.

(c) A substitute decision-maker appointed under this section has access to the relevant
sections of the patient's health records on the past or present administration of medication.
The designated agency or a person involved in the patient's physical or mental health care
may disclose information to the substitute decision-maker for the sole purpose of performing
the responsibilities under this section. The substitute decision-maker may not disclose health
records obtained under this paragraph except to the extent necessary to carry out the duties
under this section.

(d) At a hearing under section 253B.08, the petitioner has the burden of proving incapacity
by a preponderance of the evidence. If a substitute decision-maker has been appointed by
the court, the court shall make findings regarding the patient's capacity to make decisions
regarding the administration of deleted text beginneurolepticdeleted text endnew text begin psychotropicnew text end medications and affirm or reverse
its appointment of a substitute decision-maker. If the court affirms the appointment of the
substitute decision-maker, and if the substitute decision-maker has consented to the
administration of the medication and the patient has not refused, the court shall make findings
that the substitute decision-maker has consented and the treatment is authorized. If a substitute
decision-maker has not yet been appointed, upon request the court shall make findings
regarding the patient's capacity and appoint a substitute decision-maker if appropriate.

(e) If an order for civil commitment deleted text beginor early interventiondeleted text end did not provide for the
appointment of a substitute decision-maker or for the administration of deleted text beginneurolepticdeleted text endnew text begin
psychotropic
new text end medication, the treatment facility new text beginor program new text endmay later request the appointment
of a substitute decision-maker upon a showing that administration of deleted text beginneurolepticdeleted text endnew text begin psychotropicnew text end
medications is recommended and that the deleted text beginpersondeleted text endnew text begin patientnew text end lacks capacity to make decisions
regarding the administration of deleted text beginneurolepticdeleted text endnew text begin psychotropicnew text end medications. A hearing is not
required in order to administer the deleted text beginneurolepticdeleted text endnew text begin psychotropicnew text end medication unless requested
under subdivision 10 or if the substitute decision-maker withholds or refuses consent or the
deleted text begin persondeleted text endnew text begin patientnew text end refuses the medication.

(f) The substitute decision-maker's authority to consent to treatment lasts for the duration
of the court's order of appointment or until modified by the court.

new text begin (g) new text endIf the substitute decision-maker withdraws consent or the patient refuses consent,
deleted text begin neurolepticdeleted text endnew text begin psychotropicnew text end medication may not be administered without a court order.

deleted text begin (g)deleted text endnew text begin (h)new text end If there is no hearing after the preliminary hearing, then the court shall, upon the
request of any interested party, review the reasonableness of the substitute decision-maker's
decision based on the standards under subdivision 7. The court shall enter an order upholding
or reversing the decision within seven days.

Subd. 7.

When deleted text beginpersondeleted text endnew text begin patientnew text end lacks capacity to make decisions about medication.

(a)
When a deleted text beginpersondeleted text endnew text begin patientnew text end lacks capacity to make decisions regarding the administration of
deleted text begin neurolepticdeleted text endnew text begin psychotropicnew text end medication, the substitute decision-maker or the court shall use
the standards in this subdivision in making a decision regarding administration of the
medication.

(b) If the deleted text beginpersondeleted text endnew text begin patientnew text end clearly stated what the deleted text beginpersondeleted text endnew text begin patientnew text end would choose to do in this
situation when the deleted text beginpersondeleted text endnew text begin patientnew text end had the capacity to make a reasoned decision, the deleted text beginperson'sdeleted text endnew text begin
patient's
new text end wishes must be followed. Evidence of the deleted text beginperson'sdeleted text endnew text begin patient'snew text end wishes may include
written instruments, including a durable power of attorney for health care under chapter
145C or a declaration under section 253B.03, subdivision 6d.

(c) If evidence of the deleted text beginperson'sdeleted text endnew text begin patient'snew text end wishes regarding the administration of deleted text beginneurolepticdeleted text endnew text begin
psychotropic
new text end medications is conflicting or lacking, the decision must be based on what a
reasonable person would do, taking into consideration:

(1) the deleted text beginperson'sdeleted text endnew text begin patient'snew text end family, community, moral, religious, and social values;

(2) the medical risks, benefits, and alternatives to the proposed treatment;

(3) past efficacy and any extenuating circumstances of past use of deleted text beginneurolepticdeleted text endnew text begin
psychotropic
new text end medications; and

(4) any other relevant factors.

Subd. 8.

Procedure when patient refuses new text beginpsychotropic new text endmedication.

(a) If the substitute
decision-maker or the patient refuses to consent to treatment with deleted text beginneurolepticdeleted text endnew text begin psychotropicnew text end
medications, and absent an emergency as set forth in subdivision 3, deleted text beginneurolepticdeleted text endnew text begin psychotropicnew text end
medications may not be administered without a court order. Upon receiving a written request
for a hearing, the court shall schedule the hearing within 14 days of the request. The matter
may be heard as part of any other district court proceeding under this chapter. By agreement
of the parties or for good cause shown, the court may extend the time of hearing an additional
30 days.

(b) The patient must be examined by a court examiner prior to the hearing. If the patient
refuses to participate in an examination, the new text begincourt-appointed new text endexaminer may rely on the
patient's medical records to reach an opinion as to the appropriateness of deleted text beginneurolepticdeleted text endnew text begin
psychotropic
new text end medication. The patient is entitled to counsel and a second new text begincourt-appointed
new text end examiner, if requested by the patient or patient's counsel.

(c) The court may base its decision on relevant and admissible evidence, including the
testimony of a treating physician or other qualified physician, a member of the patient's
treatment team, a court-appointed examiner, witness testimony, or the patient's medical
records.

(d) If the court finds that the patient has the capacity to decide whether to take deleted text beginneurolepticdeleted text endnew text begin
psychotropic
new text end medication or that the patient lacks capacity to decide and the standards for
making a decision to administer the medications under subdivision 7 are not met, the treating
facility new text beginor program new text endmay not administer medication without the patient's informed written
consent or without the declaration of an emergency, or until further review by the court.

(e) If the court finds that the patient lacks capacity to decide whether to take deleted text beginneurolepticdeleted text endnew text begin
psychotropic
new text end medication and has applied the standards set forth in subdivision 7, the court
may authorize the treating facility new text beginor program new text endand any other deleted text begincommunity or treatmentdeleted text end facility
new text begin or program new text endto which the patient may be transferred or provisionally discharged, to
involuntarily administer the medication to the patient. A copy of the order must be given
to the patient, the patient's attorney, the county attorney, and the treatment facilitynew text begin or programnew text end.
The treatment facility new text beginor program new text endmay not begin administration of the deleted text beginneurolepticdeleted text endnew text begin
psychotropic
new text end medication until it notifies the patient of the court's order authorizing the
treatment.

(f) A finding of lack of capacity under this section must not be construed to determine
the patient's competence for any other purpose.

(g) The court may authorize the administration of deleted text beginneurolepticdeleted text endnew text begin psychotropicnew text end medication
until the termination of a determinate commitment. If the patient is committed for an
indeterminate period, the court may authorize treatment deleted text beginof neurolepticdeleted text endnew text begin with psychotropicnew text end
medication for not more than two years, subject to the patient's right to petition the court
for review of the order. The deleted text begintreatmentdeleted text end facility new text beginor program new text endmust submit annual reports to the
court, which shall provide copies to the patient and the respective attorneys.

(h) The court may limit the maximum dosage of deleted text beginneurolepticdeleted text endnew text begin psychotropicnew text end medication
that may be administered.

(i) If physical force is required to administer the deleted text beginneurolepticdeleted text end medication, new text beginonly injectable
medications may be used. If physical
new text endforce new text beginis needed to administer the medication,
administration
new text endmay only take place in a deleted text begintreatment facility or therapeuticdeleted text end setting where the
person's condition can be reassessed and deleted text beginappropriatedeleted text end medical deleted text beginstaffdeleted text endnew text begin personnel qualified to
administer medication
new text end are availablenew text begin, including in the community, a county jail, or a
correctional facility. A nasogastric tube must not be used to administer psychotropic
medication involuntarily
new text end.

Subd. 9.

Immunity.

A substitute decision-maker who consents to treatment is not civilly
or criminally liable for the performance of or the manner of performing the treatment. A
person is not liable for performing treatment without consent if the substitute decision-maker
has given written consent. This provision does not affect any other liability that may result
from the manner in which the treatment is performed.

Subd. 10.

Review.

A patient or other person may petition the court under section 253B.17
for review of any determination under this section or for a decision regarding the
administration of deleted text beginneurolepticdeleted text endnew text begin psychotropicnew text end medications, appointment of a substitute
decision-maker, or the patient's capacity to make decisions regarding administration of
deleted text begin neurolepticdeleted text endnew text begin psychotropicnew text end medications.

Sec. 56.

Minnesota Statutes 2018, section 253B.0921, is amended to read:


253B.0921 ACCESS TO MEDICAL RECORDS.

A treating physician who makes medical decisions regarding the prescription and
administration of medication for treatment of a mental illness has access to the relevant
sections of a patient's health records on past administration of medication at any deleted text begintreatmentdeleted text end
facilitynew text begin or programnew text end, if the patient lacks the capacity to authorize the release of records. Upon
request of a treating physician under this section, a deleted text begintreatmentdeleted text end facilitynew text begin or programnew text end shall supply
complete information relating to the past records on administration of medication of a patient
subject to this chapter. A patient who has the capacity to authorize the release of data retains
the right to make decisions regarding access to medical records as provided by sections
144.291 to 144.298.

Sec. 57.

Minnesota Statutes 2018, section 253B.095, subdivision 3, is amended to read:


Subd. 3.

Duration.

The maximum duration of a stayed order under this section is six
months. The court may continue the order for a maximum of an additional 12 months if,
after notice and hearing, under sections 253B.08 and 253B.09 the court finds that (1) the
person continues to deleted text beginbe mentally ill, chemically dependent, or developmentally disabled,deleted text endnew text begin
have a mental illness, developmental disability, or chemical dependency,
new text end and (2) an order
is needed deleted text beginto protect the patient or othersdeleted text endnew text begin because without the supervision of a stayed
commitment the person is likely to attempt to physically harm self or others or fail to obtain
necessary food, clothing, shelter, or medical care
new text end.

Sec. 58.

Minnesota Statutes 2018, section 253B.097, subdivision 1, is amended to read:


Subdivision 1.

Findings.

In addition to the findings required under section 253B.09,
subdivision 2
, an order committing a person to new text begina new text endcommunity-based treatment new text beginprogram new text endmust
include:

(1) a written plan for services to the patient;

(2) a finding that the proposed treatment is available and accessible to the patient and
that public or private financial resources are available to pay for the proposed treatment;

(3) conditions the patient must meet in order to obtain an early release from commitment
or to avoid a hearing for further commitment; and

(4) consequences of the patient's failure to follow the commitment order. Consequences
may include commitment to another setting for treatment.

Sec. 59.

Minnesota Statutes 2018, section 253B.097, subdivision 2, is amended to read:


Subd. 2.

Case manager.

When a court commits a patient with mental illness to
community-based treatmentnew text begin programnew text end, the court shall appoint a case manager from the county
agency or other entity under contract with the county agency to provide case management
services.

Sec. 60.

Minnesota Statutes 2018, section 253B.097, subdivision 3, is amended to read:


Subd. 3.

Reports.

The case manager shall report to the court at least once every 90 days.
The case manager shall immediately report new text beginto the court new text enda substantial failure of the patient
or provider to comply with the conditions of the commitment.

Sec. 61.

Minnesota Statutes 2018, section 253B.097, subdivision 6, is amended to read:


Subd. 6.

Immunity from liability.

No facilitynew text begin, program,new text end or person is financially liable,
personally or otherwise, for actions of the patient if the facilitynew text begin, program,new text end or person follows
accepted community standards of professional practice in the management, supervision,
and treatment of the patient. For purposes of this subdivision, "person" means official, staff,
employee of the facility, new text beginprogram, new text endphysician, or other individual who is responsible for the
management, supervision, or treatment of a patient's community-based treatment under this
section.

Sec. 62.

Minnesota Statutes 2018, section 253B.10, is amended to read:


253B.10 PROCEDURES UPON COMMITMENT.

Subdivision 1.

Administrative requirements.

(a) When a person is committed, the
court shall issue a warrant or an order committing the patient to the custody of the head of
the deleted text begintreatmentdeleted text end facilitynew text begin or programnew text end. The warrant or order shall state that the patient meets the
statutory criteria for civil commitment.

(b) The commissioner shall prioritize patients being admitted from jail or a correctional
institution who are:

(1) ordered confined in a deleted text beginstate hospitaldeleted text endnew text begin state-operated treatment programnew text end for an
examination under Minnesota Rules of Criminal Procedure, rules 20.01, subdivision 4,
paragraph (a), and 20.02, subdivision 2;

(2) under civil commitment for competency treatment and continuing supervision under
Minnesota Rules of Criminal Procedure, rule 20.01, subdivision 7;

(3) found not guilty by reason of mental illness under Minnesota Rules of Criminal
Procedure, rule 20.02, subdivision 8, and under civil commitment or are ordered to be
detained in a deleted text beginstate hospital or otherdeleted text endnew text begin state-operated treatment program or treatmentnew text end facility
pending completion of the civil commitment proceedings; or

(4) committed under this chapter to the commissioner after dismissal of the patient's
criminal charges.

Patients described in this paragraph must be admitted to a deleted text beginservice operated by the
commissioner
deleted text endnew text begin state-operated treatment programnew text end within 48 hours. The commitment must be
ordered by the court as provided in section 253B.09, subdivision 1, paragraph deleted text begin(c)deleted text endnew text begin (d)new text end.

(c) Upon the arrival of a patient at the designated treatment facilitynew text begin or programnew text end, the head
of the facility new text beginor program new text endshall retain the duplicate of the warrant and endorse receipt upon
the original warrant or acknowledge receipt of the order. The endorsed receipt or
acknowledgment must be filed in the court of commitment. After arrival, the patient shall
be under the control and custody of the head of the deleted text begintreatmentdeleted text end facilitynew text begin or programnew text end.

(d) Copies of the petition for commitment, the court's findings of fact and conclusions
of law, the court order committing the patient, the report of the new text begincourt-appointed new text endexaminers,
and the prepetition report, and any medical and behavioral information available shall be
provided at the time of admission of a patient to the designated treatment facilitynew text begin or program
to which the patient is committed
new text end. This information shall also be provided by the head of
the treatment facility new text beginor program new text endto deleted text begintreatment facilitydeleted text end staff in a consistent and timely manner
and pursuant to all applicable laws.

Subd. 2.

Transportation.

new text begin(a) new text endWhen a patient is about to be placed in a deleted text begintreatmentdeleted text end facilitynew text begin
or program
new text end, the court may order the designated agency, the deleted text begintreatmentdeleted text end facilitynew text begin or programnew text end,
or any responsible adult to transport the patient to the deleted text begintreatmentdeleted text end facilitynew text begin or programnew text end.
new text begin Transportation may be done by a protected transport provider according to section 256B.0625,
subdivision 17.
new text endWhenever possible, a peace officer who provides the transportation shall
not be in uniform and shall not use a vehicle visibly marked as a deleted text beginpolicedeleted text endnew text begin law enforcementnew text end
vehicle. The proposed patient may be accompanied by one or more interested persons.

new text begin (b) new text endWhen a patient who is at a deleted text beginregionaldeleted text endnew text begin state-operatednew text end treatment deleted text begincenterdeleted text endnew text begin programnew text end requests
a hearing for adjudication of a patient's status pursuant to section 253B.17, the commissioner
shall provide transportation.

Subd. 3.

Notice of admission.

Whenever a committed person has been admitted to a
deleted text begin treatmentdeleted text end facilitynew text begin or programnew text end under the provisions of section 253B.09 or 253B.18, the head
of the deleted text begintreatmentdeleted text end facilitynew text begin or programnew text end shall immediately notify the patient's spouse, health
care agent, or parent and the county of financial responsibility if 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 parentnew text begin,new text end the head of the deleted text begintreatmentdeleted text end facilitynew text begin or programnew text end shall
notify an interested person other than the petitioner.

new text begin Subd. 3a. new text end

new text begin Interim custody and treatment of committed person. new text end

new text begin When the patient is
present in a facility or program at the time of the court's commitment order, unless the court
orders otherwise, the commitment order constitutes authority for that facility or program to
confine and provide treatment to the patient until the patient is transferred to the facility or
program to which the patient has been committed.
new text end

Subd. 4.

Private treatment.

Patients or other responsible persons are required to pay
the necessary charges for patients committed or transferred to deleted text beginprivate treatmentdeleted text endnew text begin
non-state-operated treatment
new text end facilitiesnew text begin or programsnew text end. deleted text beginPrivatedeleted text end new text beginNon-state-operated new text endtreatment
facilities new text beginor programs new text endmay not refuse to accept a committed person solely based on the
person's court-ordered status. Insurers must provide treatment and services as ordered by
the court under section 253B.045, subdivision 6, or as required under chapter 62M.

Subd. 5.

Transfer to voluntary status.

At any time prior to the expiration of the initial
commitment period, a patient who has not been committed as deleted text beginmentally illdeleted text endnew text begin a person who has
a mental illness
new text end andnew text begin isnew text end dangerous to the public or as a sexually dangerous person or as a
sexual psychopathic personality may be transferred to voluntary status upon the patient's
application in writing with the consent of the head of the facilitynew text begin or program to which the
person is committed
new text end. Upon transfer, the head of the deleted text begintreatmentdeleted text end facilitynew text begin or programnew text end shall
immediately notify the court in writing and the court shall terminate the proceedings.

Sec. 63.

Minnesota Statutes 2018, section 253B.12, subdivision 1, is amended to read:


Subdivision 1.

Reports.

(a) If a patient who was committed as a person deleted text beginwho is mentally
ill, developmentally disabled, or chemically dependent
deleted text end new text beginposing a risk of harm due to a mental
illness, or as a person who has a developmental disability or chemical dependency,
new text endis
discharged from commitment within the first 60 days after the date of the initial commitment
order, the head of the deleted text begintreatmentdeleted text end facilitynew text begin or programnew text end shall file a written report with the
committing court describing the patient's need for further treatment. A copy of the report
must be provided to the county attorney, the patient, and the patient's counsel.

(b) If a patient who was committed as a person deleted text beginwho is mentally ill, developmentally
disabled, or chemically dependent
deleted text end new text beginposing a risk of harm due to a mental illness, or as a
person who has a developmental disability or chemical dependency,
new text endremains in treatment
more than 60 days after the date of the commitment, then at least 60 days, but not more than
90 days, after the date of the order, the head of the facilitynew text begin or programnew text end that has custody of
the patient shall file a written report with the committing court and provide a copy to the
county attorney, the patient, and the patient's counsel. The report must set forth in detailed
narrative form at least the following:

(1) the diagnosis of the patient with the supporting data;

(2) the anticipated discharge date;

(3) an individualized treatment plan;

(4) a detailed description of the discharge planning process with suggested after care
plan;

(5) whether the patient is in need of further care and treatment, the deleted text begintreatmentdeleted text end facility
deleted text begin whichdeleted text endnew text begin or program thatnew text end is needed, and evidence to support the response;

(6) whether the patient satisfies the statutory requirement for continued commitment deleted text beginto
a treatment facility,
deleted text end with documentation to support the opinion; deleted text beginand
deleted text end

new text begin (7) a statement from the patient related to accepting treatment, if possible; and
new text end

deleted text begin (7)deleted text endnew text begin (8)new text end whether the administration of deleted text beginneurolepticdeleted text endnew text begin psychotropicnew text end medication is clinically
indicated, whether the patient is able to give informed consent to that medication, and the
basis for these opinions.

(c) Prior to the termination of the initial commitment order or final discharge of the
patient, the head of the deleted text begintreatmentdeleted text end facilitynew text begin or programnew text end that has custody or care of the patient
shall file a written report with the committing court with a copy to the county attorney, the
patient, and the patient's counsel that sets forth the information required in paragraph (b).

(d) If the patient has been provisionally discharged from a deleted text begintreatmentdeleted text end facilitynew text begin or programnew text end,
the report shall be filed by the designated agency, which may submit the discharge report
as part of its report.

(e) deleted text beginIf no written report is filed within the required time, ordeleted text end If a report describes the patient
as not in need of further deleted text begininstitutional care anddeleted text endnew text begin court-orderednew text end treatment, the proceedings must
be terminated by the committing court and the patient discharged from the deleted text begintreatmentdeleted text end facilitynew text begin
or program, unless the patient chooses to voluntarily receive services
new text end.

new text begin (f) If no written report is filed within the required time, the court must notify the county,
facility or program to which the person is committed, and designated agency and require a
report be filed within five business days. If a report is not filed within five business days a
hearing must be held within three business days.
new text end

Sec. 64.

Minnesota Statutes 2018, section 253B.12, subdivision 2, is amended to read:


Subd. 2.

Basis for discharge.

deleted text beginIf no written report is filed within the required time ordeleted text end If
the written statement describes the patient as not in need of further deleted text begininstitutional care anddeleted text endnew text begin
court-ordered
new text end treatment, the proceedings shall be terminated by the committing court, and
the patient shall be discharged from the deleted text begintreatmentdeleted text end facilitynew text begin or program, unless the patient
chooses to voluntarily receive services
new text end.

Sec. 65.

Minnesota Statutes 2018, section 253B.12, subdivision 3, is amended to read:


Subd. 3.

Examination.

Prior to the review hearing, the court shall inform the patient of
the right to an independent examination by deleted text beginandeleted text endnew text begin a court-appointednew text end examiner chosen by the
patient and appointed in accordance with provisions of section 253B.07, subdivision 3. The
report of the new text begincourt-appointed new text endexaminer may be submitted at the hearing.

Sec. 66.

Minnesota Statutes 2018, section 253B.12, subdivision 4, is amended to read:


Subd. 4.

Hearing; standard of proof.

new text begin(a) new text endThe committing court shall not make a final
determination of the need to continue commitment unless the court finds by clear and
convincing evidence that (1) the deleted text beginpersondeleted text endnew text begin patientnew text end continues to deleted text beginbe mentally ill, developmentally
disabled, or chemically dependent
deleted text endnew text begin have a mental illness, developmental disability, or chemical
dependency
new text end; (2) involuntary commitment is necessary for the protection of the patient or
others; and (3) there is no alternative to involuntary commitment.

new text begin (b) new text endIn determining whether a deleted text beginpersondeleted text endnew text begin patientnew text end continues to deleted text beginbe mentally ill, chemically
dependent, or developmentally disabled,
deleted text endnew text begin require commitment due to mental illness,
developmental disability, or chemical dependency,
new text end the court need not find that there has
been a recent attempt or threat to physically harm self or others, or a recent failure to provide
necessary deleted text beginpersonaldeleted text end food, clothing, shelter, or medical care. Instead, the court must find that
the patient is likely to attempt to physically harm self or others, or to fail to deleted text beginprovidedeleted text endnew text begin obtainnew text end
necessary deleted text beginpersonaldeleted text end food, clothing, shelter, or medical care unless involuntary commitment
is continued.

Sec. 67.

Minnesota Statutes 2018, section 253B.12, subdivision 7, is amended to read:


Subd. 7.

Record required.

Where continued commitment is ordered, the findings of
fact and conclusions of law shall specifically state the conduct of the proposed patient which
is the basis for the final determination, that the statutory criteria of commitment continue
to be met, and that less restrictive alternatives have been considered and rejected by the
court. Reasons for rejecting each alternative shall be stated. A copy of the final order for
continued commitment shall be forwarded to the head of the deleted text begintreatmentdeleted text end facilitynew text begin or program
to which the person is committed and, if the patient has been provisionally discharged, to
the designated agency responsible for monitoring the provisional discharge
new text end.

Sec. 68.

Minnesota Statutes 2018, section 253B.13, subdivision 1, is amended to read:


Subdivision 1.

deleted text beginMentally ill or chemically dependentdeleted text end Personsnew text begin with mental illness or
chemical dependency
new text end.

new text begin(a) new text endIf at the conclusion of a review hearing the court finds that the
person continues to deleted text beginbe mentally ill or chemically dependentdeleted text endnew text begin have mental illness or chemical
dependency
new text end and new text beginbe new text endin need of treatment or supervision, the court shall determine the length
of continued commitment. No period of commitment shall exceed this length of time or 12
months, whichever is less.

new text begin (b) new text endAt the conclusion of the prescribed periodnew text begin under paragraph (a)new text end, commitment may
not be continued unless a new petition is filed pursuant to section 253B.07 and hearing and
determination made on it. new text beginIf the petition was filed before the end of the previous commitment
and, for good cause shown, the hearing and the determination is not completed by the end
of the commitment period, the court may for good cause extend the previous commitment
for up to 14 days to allow the completion of the hearing and the issuance of a determination.
The standard of proof on the new petition is the standard specified in section 253B.12,
subdivision 4.
new text endNotwithstanding the provisions of section 253B.09, subdivision 5, the initial
commitment period under the new petition shall be the probable length of commitment
necessary or 12 months, whichever is less. deleted text beginThe standard of proof at the hearing on the new
petition shall be the standard specified in section 253B.12, subdivision 4.
deleted text end

Sec. 69.

Minnesota Statutes 2018, section 253B.14, is amended to read:


253B.14 TRANSFER OF COMMITTED PERSONS.

The commissioner may transfer any committed person, other than a person committed
as deleted text beginmentally ill anddeleted text endnew text begin a person who has a mental illness and isnew text end dangerous to the public, or as
a sexually dangerous person or as a sexual psychopathic personality, from one deleted text beginregionaldeleted text endnew text begin
state-operated
new text end treatment deleted text begincenterdeleted text endnew text begin programnew text end to any other new text beginstate-operated new text endtreatment deleted text beginfacility under
the commissioner's jurisdiction which is
deleted text endnew text begin programnew text end capable of providing proper care and
treatment. When a committed person is transferred from one new text beginstate-operated new text endtreatment deleted text beginfacilitydeleted text end
new text begin program new text endto another, written notice shall be given to the committing court, the county attorney,
the patient's counsel, and to the person's parent, health care agent, or spouse or, if none is
known, to an interested person, and the designated agency.

Sec. 70.

Minnesota Statutes 2018, section 253B.141, is amended to read:


253B.141 AUTHORITY TO DETAIN AND TRANSPORT A MISSING PATIENT.

Subdivision 1.

Report of absence.

(a) If a patient committed under this chapter or
detained new text beginin a facility or program new text endunder a judicial hold is absent without authorization, and
either: (1) does not return voluntarily within 72 hours of the time the unauthorized absence
began; or (2) is considered by the head of the deleted text begintreatmentdeleted text end facilitynew text begin or programnew text end to be a danger
to self or others, then the head of the deleted text begintreatmentdeleted text end facilitynew text begin or programnew text end shall report the absence
to the local law enforcement agency. The head of the deleted text begintreatmentdeleted text end facilitynew text begin or programnew text end shall
also notify the committing court that the patient is absent and that the absence has been
reported to the local law enforcement agency. The committing court may issue an order
directing the law enforcement agency to transport the patient to an appropriate facilitynew text begin or
program
new text end.

(b) Upon receiving a report that a patient subject to this section is absent without
authorization, the local law enforcement agency shall enter information on the patient into
the missing persons file of the National Crime Information Center computer according to
the missing persons practices.

Subd. 2.

Apprehension; return to facilitynew text begin or programnew text end.

(a) Upon receiving the report
of absence from the head of the deleted text begintreatmentdeleted text end facilitynew text begin or programnew text end or the committing court, a
patient may be apprehended and held by a peace officer in any jurisdiction pending return
to the facilitynew text begin or programnew text end from which the patient is absent without authorization. A patient
may also be returned to any deleted text beginfacility operated by the commissionerdeleted text endnew text begin state-operated treatment
program or any other treatment facility or community-based treatment program willing to
accept the person
new text end. A person who deleted text beginis mentally illdeleted text endnew text begin has a mental illnessnew text end and new text beginis new text enddangerous new text beginto the
public
new text endand detained under this subdivision may be held in a jail or lockup only if:

(1) there is no other feasible place of detention for the patient;

(2) the detention is for less than 24 hours; and

(3) there are protections in place, including segregation of the patient, to ensure the
safety of the patient.

(b) If a patient is detained under this subdivision, the head of the deleted text begintreatmentdeleted text end facilitynew text begin or
program
new text end from which the patient is absent shall arrange to pick up the patient within 24 hours
of the time detention was begun and shall be responsible for securing transportation for the
patient to the facilitynew text begin or programnew text end. The expense of detaining and transporting a patient shall
be the responsibility of the deleted text begintreatmentdeleted text end facilitynew text begin or programnew text end from which the patient is absent.
The expense of detaining and transporting a patient to a new text beginstate-operated new text endtreatment deleted text beginfacility
operated by the Department of Human Services
deleted text end new text beginprogram new text endshall be paid by the commissioner
unless paid by the patient or persons on behalf of the patient.

Subd. 3.

Notice of apprehension.

Immediately after an absent patient is located, the
head of the deleted text begintreatmentdeleted text end facilitynew text begin or programnew text end from which the patient is absent, or the law
enforcement agency that located or returned the absent patient, shall notify the law
enforcement agency that first received the absent patient report under this section and that
agency shall cancel the missing persons entry from the National Crime Information Center
computer.

Sec. 71.

Minnesota Statutes 2018, section 253B.15, subdivision 1, is amended to read:


Subdivision 1.

Provisional discharge.

new text begin(a) new text endThe head of the deleted text begintreatmentdeleted text end facilitynew text begin or programnew text end
may provisionally discharge any patient without discharging the commitment, unless the
patient was found by the committing court to be a person who deleted text beginis mentally ill anddeleted text endnew text begin has a
mental illness and is
new text end dangerous to the public,deleted text begin ordeleted text end a sexually dangerous personnew text begin,new text end or a sexual
psychopathic personality.

new text begin (b) When a patient committed to the commissioner becomes ready for provisional
discharge before being placed in a state-operated treatment program, the head of the
non-state-operated treatment facility or program where the patient is placed pending transfer
to the commissioner may provisionally discharge the patient pursuant to this subdivision.
new text end

new text begin (c) new text endEach patient released on provisional discharge shall have a written deleted text beginaftercaredeleted text endnew text begin
provisional discharge
new text end plan developed new text beginwith input from the patient and the designated agency
new text end which specifies the services and treatment to be provided as part of the deleted text beginaftercaredeleted text endnew text begin provisional
discharge
new text end plan, the financial resources available to pay for the services specified, the expected
period of provisional discharge, the precise goals for the granting of a final discharge, and
conditions or restrictions on the patient during the period of the provisional discharge. The
deleted text begin aftercaredeleted text endnew text begin provisional dischargenew text end plan shall be provided to the patient, the patient's attorney,
and the designated agency.

new text begin (d) new text endThe deleted text beginaftercaredeleted text end new text beginprovisional discharge new text endplan shall be reviewed on a quarterly basis by
the patient, designated agency and other appropriate persons. The deleted text beginaftercaredeleted text endnew text begin provisional
discharge
new text end plan shall contain the grounds upon which a provisional discharge may be revoked.
The provisional discharge shall terminate on the date specified in the plan unless specific
action is taken to revoke or extend it.

Sec. 72.

Minnesota Statutes 2018, section 253B.15, subdivision 1a, is amended to read:


Subd. 1a.

Representative of designated agency.

Before a provisional discharge is
granted, a representative of the designated agency must be identified to ensure continuity
of care by being involved with the deleted text begintreatmentdeleted text end facilitynew text begin or programnew text end and the patient prior to the
provisional discharge. The representative of the designated agency shall coordinate plans
for and monitor the patient's aftercare program. When the patient is on a provisional
discharge, the representative of the designated agency shall provide the treatment report to
the court required under section 253B.12, subdivision 1.

Sec. 73.

Minnesota Statutes 2018, section 253B.15, subdivision 2, is amended to read:


Subd. 2.

Revocation of provisional discharge.

new text begin(a) new text endThe designated agency may deleted text beginrevokedeleted text endnew text begin
initiate with the court a revocation of
new text end a provisional discharge ifnew text begin revocation is the least
restrictive alternative and either
new text end:

(1) the patient has violated material conditions of the provisional discharge, and the
violation creates the need to return the patient to a more restrictive settingnew text begin or more intensive
community services
new text end; or

(2) there exists a serious likelihood that the safety of the patient or others will be
jeopardized, in that either the patient's need for food, clothing, shelter, or medical care are
not being met, or will not be met in the near future, or the patient has attempted or threatened
to seriously physically harm self or othersdeleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (3) revocation is the least restrictive alternative available.
deleted text end

new text begin (b) new text endAny interested person may request that the designated agency revoke the patient's
provisional discharge. Any person making a request shall provide the designated agency
with a written report setting forth the specific facts, including witnesses, dates and locations,
supporting a revocation, demonstrating that every effort has been made to avoid revocation
and that revocation is the least restrictive alternative available.

Sec. 74.

Minnesota Statutes 2018, section 253B.15, subdivision 3, is amended to read:


Subd. 3.

Procedure; notice.

Revocation shall be commenced by the designated agency's
written notice of intent to revoke provisional discharge given or sent to the patient, the
patient's attorney, deleted text beginanddeleted text end the deleted text begintreatmentdeleted text end facilitynew text begin or program from which the patient was
provisionally discharged, and the current community services provider
new text end. The notice shall set
forth the grounds upon which the intention to revoke is based, and shall inform the patient
of the rights of a patient under this chapter.

Sec. 75.

Minnesota Statutes 2018, section 253B.15, subdivision 3a, is amended to read:


Subd. 3a.

Report to the court.

Within 48 hours, excluding weekends and new text beginlegal new text endholidays,
of giving notice to the patient, the designated agency shall file with the court a copy of the
notice and a report setting forth the specific facts, including witnesses, dates and locations,
which (1) support revocation, (2) demonstrate that revocation is the least restrictive alternative
available, and (3) show that specific efforts were made to avoid revocation. The designated
agency shall provide copies of the report to the patient, the patient's attorney, the county
attorney, and the treatment facility new text beginor program from which the patient was provisionally
discharged
new text endwithin 48 hours of giving notice to the patient under subdivision 3.

Sec. 76.

Minnesota Statutes 2018, section 253B.15, subdivision 3b, is amended to read:


Subd. 3b.

Review.

The patient or patient's attorney may request judicial review of the
intended revocation by filing a petition for review and an affidavit with the committing
court. The affidavit shall state specific grounds for opposing the revocation. If the patient
does not file a petition for review within five days of receiving the notice under subdivision
3, revocation of the provisional discharge is final and the court, without hearing, may order
the patient into a deleted text begintreatmentdeleted text end facilitynew text begin or program from which the patient was provisionally
discharged, another facility or program that consents to receive the patient, or more intensive
community treatment
new text end. If the patient files a petition for review, the court shall review the
petition and determine whether a genuine issue exists as to the propriety of the revocation.
The burden of proof is on the designated agency to show that no genuine issue exists as to
the propriety of the revocation. If the court finds that no genuine issue exists as to the
propriety of the revocation, the revocation of the provisional discharge is final.

Sec. 77.

Minnesota Statutes 2018, section 253B.15, subdivision 3c, is amended to read:


Subd. 3c.

Hearing.

new text begin(a) new text endIf the court finds under subdivision 3b that a genuine issue exists
as to the propriety of the revocation, the court shall hold a hearing on the petition within
three days after the patient files the petition. The court may continue the review hearing for
an additional five days upon any party's showing of good cause. At the hearing, the burden
of proof is on the designated agency to show a factual basis for the revocation. At the
conclusion of the hearing, the court shall make specific findings of fact. The court shall
affirm the revocation if it finds:

(1) a factual basis for revocation due to:

(i) a violation of the material conditions of the provisional discharge that creates a need
for the patient to return to a more restrictive settingnew text begin or more intensive community servicesnew text end;
or

(ii) a probable danger of harm to the patient or others if the provisional discharge is not
revoked; and

(2) that revocation is the least restrictive alternative available.

new text begin (b) new text endIf the court does not affirm the revocation, the court shall order the patient returned
to provisional discharge status.

Sec. 78.

Minnesota Statutes 2018, section 253B.15, subdivision 5, is amended to read:


Subd. 5.

Return to facility.

When the designated agency gives or sends notice of the
intent to revoke a patient's provisional discharge, it may also apply to the committing court
for an order directing that the patient be returned to deleted text beginadeleted text endnew text begin thenew text end facilitynew text begin or program from which
the patient was provisionally discharged or another facility or program that consents to
receive the patient
new text end. The court may order the patient returned to a facility new text beginor program new text endprior
to a review hearing only upon finding that immediate return deleted text beginto a facilitydeleted text end is necessary because
there is a serious likelihood that the safety of the patient or others will be jeopardized, in
that (1) the patient's need for food, clothing, shelter, or medical care is not being met, or
will not be met in the near future, or (2) the patient has attempted or threatened to seriously
harm self or others. If a voluntary return is not arranged, the head of the deleted text begintreatmentdeleted text end facilitynew text begin
or program
new text end may request a health officer or a peace officer to return the patient to the deleted text begintreatmentdeleted text end
facility new text beginor program new text endfrom which the patient was released or to any other deleted text begintreatmentdeleted text end facility
deleted text begin whichdeleted text endnew text begin or program thatnew text end consents to receive the patient. If necessary, the head of the deleted text begintreatmentdeleted text end
facilitynew text begin or programnew text end may request the committing court to direct a health new text beginofficer new text endor peace
officer in the county where the patient is located to return the patient to the deleted text begintreatmentdeleted text end facilitynew text begin
or program
new text end or to another deleted text begintreatmentdeleted text end facility deleted text beginwhichdeleted text endnew text begin or program thatnew text end consents to receive the
patient. The expense of returning the patient to a deleted text beginregionaldeleted text endnew text begin state-operatednew text end treatment deleted text begincenterdeleted text endnew text begin
program
new text end shall be paid by the commissioner unless paid by the patient or the patient's relatives.
If the court orders the patient to return to the deleted text begintreatmentdeleted text end facilitynew text begin or programnew text end, or if a health
new text begin officer new text endor peace officer returns the patient to the deleted text begintreatmentdeleted text end facilitynew text begin or programnew text end, and the patient
wants judicial review of the revocation, the patient or the patient's attorney must file the
petition for review and affidavit required under subdivision 3b within 14 days of receipt of
the notice of the intent to revoke.

Sec. 79.

Minnesota Statutes 2018, section 253B.15, subdivision 7, is amended to read:


Subd. 7.

Modification and extension of provisional discharge.

(a) A provisional
discharge may be modified upon agreement of the parties.

(b) A provisional discharge may be extended only in those circumstances where the
patient has not achieved the goals set forth in the provisional discharge plan or continues
to need the supervision or assistance provided by an extension of the provisional discharge.
In determining whether the provisional discharge is to be extended, the deleted text beginhead of the facilitydeleted text endnew text begin
designated agency
new text end shall consider the willingness and ability of the patient to voluntarily
obtain needed care and treatment.

deleted text begin (c) The designated agency shall recommend extension of a provisional discharge only
after a preliminary conference with the patient and other appropriate persons. The patient
shall be given the opportunity to object or make suggestions for alternatives to extension.
deleted text end

deleted text begin (d)deleted text endnew text begin (c)new text end Any deleted text beginrecommendation fordeleted text endnew text begin proposednew text end extension shall be deleted text beginmadedeleted text endnew text begin providednew text end in writing
deleted text begin to the head of the facility anddeleted text end to the patient new text beginand the patient's attorney new text endat least 30 days prior
to the expiration of the provisional dischargenew text begin unless the patient cannot be located or is
unavailable to receive the notice
new text end. The deleted text beginwritten recommendation submitteddeleted text endnew text begin proposal for
extension
new text end shall include: the specific grounds for deleted text beginrecommendingdeleted text endnew text begin proposingnew text end the extension,
deleted text begin the date of the preliminary conference and results,deleted text end the anniversary date of the provisional
discharge, the termination date of the provisional discharge, and the proposed length of
extension. If the grounds for deleted text beginrecommendingdeleted text endnew text begin proposingnew text end the extension occur less than 30 days
before its expiration, the written deleted text beginrecommendationdeleted text endnew text begin proposal for extensionnew text end shall occur as soon
as practicable.

deleted text begin (e) The head of the facilitydeleted text endnew text begin (d) The designated agency shall extend a provisional discharge
only after providing the patient an opportunity for a meeting to object or make suggestions
for alternatives to an extension. The designated agency
new text end shall deleted text beginissuedeleted text endnew text begin providenew text end a written decision
new text begin to the patient and the patient's attorney new text endregarding extension within five days after receiving
deleted text begin the recommendation from the designated agencydeleted text endnew text begin input from or holding a meeting with the
patient or after the patient has declined to provide input or participate in the meeting. Input
may be sought from the community-based treatment team or other appropriate persons
chosen by the patient
new text end.

Sec. 80.

Minnesota Statutes 2018, section 253B.15, is amended by adding a subdivision
to read:


new text begin Subd. 8a. new text end

new text begin Provisional discharge extension. new text end

new text begin If the provisional discharge extends until
the end of the period of commitment and, before the commitment expires, the court extends
the commitment under section 253B.12 or issues a new commitment order under section
253B.13, the provisional discharge shall continue for the duration of the new or extended
period of commitment ordered unless the commitment order provides otherwise or the
provisional discharge is revoked pursuant to this section. Continuation of the provisional
discharge under this subdivision does not require compliance with the procedures in
subdivision 7.
new text end

Sec. 81.

Minnesota Statutes 2018, section 253B.15, subdivision 9, is amended to read:


Subd. 9.

Expiration of provisional discharge.

new text begin(a) new text endExcept as otherwise provided, a
provisional discharge is absolute when it expires. If, while on provisional discharge or
extended provisional discharge, a patient is discharged as provided in section 253B.16, the
discharge shall be absolute.

new text begin (b) new text endNotice of the expiration of the provisional discharge shall be given by the deleted text beginhead of
the treatment facility
deleted text endnew text begin designated agencynew text end to the committing court; the petitioner, if known;
the patient's attorney; the county attorney in the county of commitment; deleted text beginthe commissioner;deleted text end
and the deleted text begindesignated agencydeleted text endnew text begin facility or program from which the patient was provisionally
discharged
new text end.

Sec. 82.

Minnesota Statutes 2018, section 253B.15, subdivision 10, is amended to read:


Subd. 10.

Voluntary return.

new text begin(a) new text endWith the consent of the head of the deleted text begintreatmentdeleted text end facilitynew text begin
or program
new text end, a patient may voluntarily return to inpatient status deleted text beginat the treatment facilitydeleted text end as
follows:

(1) as a voluntary patient, in which case the patient's commitment is discharged;

(2) as a committed patient, in which case the patient's provisional discharge is voluntarily
revoked; or

(3) on temporary return from provisional discharge, in which case both the commitment
and the provisional discharge remain in effect.

new text begin (b) new text endPrior to readmission, the patient shall be informed of status upon readmission.

Sec. 83.

Minnesota Statutes 2018, section 253B.16, is amended to read:


253B.16 DISCHARGE OF COMMITTED PERSONS.

Subdivision 1.

Date.

The head of a deleted text begintreatmentdeleted text end facilitynew text begin or programnew text end shall discharge any
patient admitted as a person deleted text beginwho is mentally ill or chemically dependent, or a person with
a
deleted text end new text beginposing a risk of harm due to mental illness, or a person who has a chemical dependency
or a
new text enddevelopmental disability deleted text beginadmitted under Minnesota Rules of Criminal Procedure, deleted text enddeleted text beginrules
20.01
deleted text end
deleted text begin and deleted text enddeleted text begin20.02deleted text enddeleted text begin, to the secure bed component of the Minnesota extended treatment optionsdeleted text end
when the head of the facilitynew text begin or programnew text end certifies that the person is no longer in need of
care and treatment new text beginunder commitment new text endor at the conclusion of any period of time specified
in the commitment order, whichever occurs first. The head of a deleted text begintreatmentdeleted text end facilitynew text begin or programnew text end
shall discharge any person admitted as deleted text begindevelopmentally disabled, except those admitted
under Minnesota Rules of Criminal Procedure,
deleted text enddeleted text beginrules 20.01deleted text enddeleted text begin and deleted text enddeleted text begin20.02deleted text enddeleted text begin, to the secure bed
component of the Minnesota extended treatment options,
deleted text endnew text begin a person with a developmental
disability
new text end when that person's screening team has determined, under section 256B.092,
subdivision 8
, that the person's needs can be met by services provided in the community
and a plan has been developed in consultation with the interdisciplinary team to place the
person in the available community services.

Subd. 2.

Notification of discharge.

Prior to the discharge or provisional discharge of
any committed deleted text beginpersondeleted text endnew text begin patientnew text end, the head of the deleted text begintreatmentdeleted text end facilitynew text begin or programnew text end shall notify the
designated agency and the patient's spouse or health care agent, or if there is no spouse or
health care agent, then an adult child, or if there is none, the next of kin of the patient, of
the proposed discharge. The notice shall be sent deleted text beginto the last known address of the person to
be notified by certified mail with return receipt. The notice
deleted text endnew text begin in writing andnew text end shall include the
following: (1) the proposed date of discharge or provisional discharge; (2) the date, time
and place of the meeting of the staff who have been treating the patient to discuss discharge
and discharge planning; (3) the fact that the patient will be present at the meeting; and (4)
the fact that the next of kin or health care agent may attend that staff meeting and present
any information relevant to the discharge of the patient. deleted text beginThe notice shall be sent at least one
week prior to the date set for the meeting.
deleted text end

Sec. 84.

Minnesota Statutes 2018, section 253B.17, is amended to read:


253B.17 RELEASE; JUDICIAL DETERMINATION.

Subdivision 1.

Petition.

Any patient, except one committed as a sexually dangerous
person or a person with a sexual psychopathic personality or as a person who deleted text beginis mentally
ill and
deleted text end new text beginhas a mental illness and is new text enddangerous to the public as provided in section 253B.18,
subdivision 3
, or any interested person may petition the committing court or the court to
which venue has been transferred for an order that the patient is not in need of continued
care and treatment new text beginunder commitment new text endor for an order that an individual is no longer a person
deleted text begin who is mentally ill, developmentally disabled, or chemically dependentdeleted text endnew text begin posing a risk of
harm due to mental illness, or a person who has a developmental disability or chemical
dependency
new text end, or for any other relief. A patient committed as a person deleted text beginwho is mentally ill or
mentally ill and
deleted text endnew text begin posing a risk of harm due to mental illness, a person who has a mental
illness and is
new text end dangerous deleted text beginordeleted text endnew text begin to the public,new text end a sexually dangerous personnew text begin,new text end or new text begina new text endperson with a
sexual psychopathic personality may petition the committing court or the court to which
venue has been transferred for a hearing concerning the administration of deleted text beginneurolepticdeleted text endnew text begin
psychotropic
new text end medication.

Subd. 2.

Notice of hearing.

Upon the filing of the petition, the court shall fix the time
and place for the hearing on it. Ten days' notice of the hearing shall be given to the county
attorney, the patient, patient's counsel, the person who filed the initial commitment petition,
the head of the deleted text begintreatmentdeleted text end facilitynew text begin or program to which the person is committednew text end, and other
persons as the court directs. Any person may oppose the petition.

Subd. 3.

new text beginCourt-appointed new text endexaminers.

The court shall appoint deleted text beginandeleted text endnew text begin a court-appointednew text end
examiner and, at the patient's request, shall appoint a second new text begincourt-appointed new text endexaminer of
the patient's choosing to be paid for by the county at a rate of compensation to be fixed by
the court. Unless otherwise agreed by the parties, deleted text beginthe examinersdeleted text end new text begina court-appointed examiner
new text end shall file a report with the court not less than 48 hours prior to the hearing under this section.

Subd. 4.

Evidence.

The patient, patient's counsel, the petitionernew text begin,new text end and the county attorney
shall be entitled to be present at the hearing and to present and cross-examine witnesses,
including new text begincourt-appointed new text endexaminers. The court may hear any relevant testimony and
evidence deleted text beginwhich isdeleted text end offered at the hearing.

Subd. 5.

Order.

Upon completion of the hearing, the court shall enter an order stating
its findings and decision and mail deleted text beginitdeleted text endnew text begin the ordernew text end to the head of the deleted text begintreatmentdeleted text end facilitynew text begin or programnew text end.

Sec. 85.

Minnesota Statutes 2018, section 253B.18, subdivision 1, is amended to read:


Subdivision 1.

Procedure.

(a) Upon the filing of a petition alleging that a proposed
patient is a person who deleted text beginis mentally ill anddeleted text endnew text begin has a mental illness and isnew text end dangerous to the public,
the court shall hear the petition as provided in sections 253B.07 and 253B.08. If the court
finds by clear and convincing evidence that the proposed patient is a person who deleted text beginis mentally
ill and
deleted text endnew text begin has a mental illness and isnew text end dangerous to the public, it shall commit the person to a
secure treatment facility or to a deleted text begintreatmentdeleted text end facility new text beginor program new text endwilling to accept the patient
under commitment. The court shall commit the patient to a secure treatment facility unless
the patient deleted text beginestablishesdeleted text endnew text begin or others establishnew text end by clear and convincing evidence that a less
restrictive new text beginstate-operated treatment program or new text endtreatment deleted text beginprogramdeleted text endnew text begin facilitynew text end is available that
is consistent with the patient's treatment needs and the requirements of public safety. In any
case where the petition was filed immediately following the acquittal of the proposed patient
for a crime against the person pursuant to a verdict of not guilty by reason of mental illness,
the verdict constitutes evidence that the proposed patient is a person who deleted text beginis mentally ill anddeleted text endnew text begin
has a mental illness and is
new text end dangerous new text beginto the public new text endwithin the meaning of this section. The
proposed patient has the burden of going forward in the presentation of evidence. The
standard of proof remains as required by this chapter. Upon commitment, admission
procedures shall be carried out pursuant to section 253B.10.

(b) Once a patient is admitted to a deleted text begintreatmentdeleted text end facilitynew text begin or programnew text end pursuant to a commitment
under this subdivision, treatment must begin regardless of whether a review hearing will
be held under subdivision 2.

Sec. 86.

Minnesota Statutes 2018, section 253B.18, subdivision 2, is amended to read:


Subd. 2.

Review; hearing.

(a) A written treatment report shall be filed by the deleted text begintreatmentdeleted text end
facilitynew text begin or programnew text end with the committing court within 60 days after commitment. If the person
is in the custody of the commissioner of corrections when the initial commitment is ordered
under subdivision 1, the written treatment report must be filed within 60 days after the
person is admitted to deleted text begina securedeleted text endnew text begin the state-operated treatment program ornew text end treatment facility.
The court shall hold a hearing to make a final determination as to whether the deleted text beginpersondeleted text endnew text begin patientnew text end
should remain committed as a person who deleted text beginis mentally ill anddeleted text endnew text begin has a mental illness and isnew text end
dangerous to the public. The hearing shall be held within the earlier of 14 days of the court's
receipt of the written treatment report, or within 90 days of the date of initial commitment
or admission, unless otherwise agreed by the parties.

(b) The court may, with agreement of the county attorney and new text beginthe patient's new text endattorney deleted text beginfor
the patient
deleted text end:

(1) waive the review hearing under this subdivision and immediately order an
indeterminate commitment under subdivision 3; or

(2) continue the review hearing for up to one year.

(c) If the court finds that the patient should be committed as a person deleted text beginwho is mentally
ill
deleted text endnew text begin posing a risk of harm due to mental illnessnew text end, but not as a person who deleted text beginis mentally ill anddeleted text end
new text begin has a mental illness and is new text enddangerous to the public, the court may commit the deleted text beginpersondeleted text endnew text begin patientnew text end
as a person deleted text beginwho is mentally illdeleted text endnew text begin posing a risk of harm due to mental illnessnew text end and the deleted text beginpersondeleted text endnew text begin
patient
new text end shall be deemed not to have been found to be dangerous to the public for the purposes
of subdivisions 4a to 15. Failure of the deleted text begintreatmentdeleted text end facility new text beginor program new text endto provide the required
new text begin treatment new text endreport at the end of the 60-day period shall not result in automatic discharge of
the patient.

Sec. 87.

Minnesota Statutes 2018, section 253B.18, subdivision 3, is amended to read:


Subd. 3.

Indeterminate commitment.

If the court finds at the final determination hearing
held pursuant to subdivision 2 that the patient continues to be a person who deleted text beginis mentally ill
and
deleted text end new text beginhas a mental illness and is new text enddangerousnew text begin to the publicnew text end, then the court shall order commitment
of the proposed patient for an indeterminate period of time. After a final determination that
a patient is a person who deleted text beginis mentally ill anddeleted text endnew text begin has a mental illness and isnew text end dangerous to the
public, the patient shall be transferred, provisionally discharged or discharged, only as
provided in this section.

Sec. 88.

Minnesota Statutes 2018, section 253B.18, subdivision 4a, is amended to read:


Subd. 4a.

Release on pass; notification.

A patient who has been committed as a person
who deleted text beginis mentally ill anddeleted text endnew text begin has a mental illness and isnew text end dangerous new text beginto the public new text endand who is confined
at a secure treatment facility or has been transferred out of a deleted text beginstate-operated servicesdeleted text endnew text begin secure
treatment
new text end facility according to section 253B.18, subdivision 6, shall not be released on a
pass unless the pass is part of a pass plan that has been approved by the medical director of
the secure treatment facility. The pass plan must have a specific therapeutic purpose
consistent with the treatment plan, must be established for a specific period of time, and
must have specific levels of liberty delineated. The county case manager must be invited
to participate in the development of the pass plan. At least ten days prior to a determination
on the plan, the medical director shall notify the designated agency, the committing court,
the county attorney of the county of commitment, an interested person, the local law
enforcement agency where the facility is located, the county attorney and the local law
enforcement agency in the location where the pass is to occur, the petitioner, and the
petitioner's counsel of the plan, the nature of the passes proposed, and their right to object
to the plan. If any notified person objects prior to the proposed date of implementation, the
person shall have an opportunity to appear, personally or in writing, before the medical
director, within ten days of the objection, to present grounds for opposing the plan. The
pass plan shall not be implemented until the objecting person has been furnished that
opportunity. Nothing in this subdivision shall be construed to give a patient an affirmative
right to a pass plan.

Sec. 89.

Minnesota Statutes 2018, section 253B.18, subdivision 4b, is amended to read:


Subd. 4b.

Pass-eligible status; notification.

new text begin(a) new text endThe following patients committed to a
secure treatment facility shall not be placed on pass-eligible status unless that status has
been approved by the medical director of the secure treatment facility:

deleted text begin (a)deleted text endnew text begin (1)new text end a patient who has been committed as a person who deleted text beginis mentally ill anddeleted text endnew text begin has a mental
illness and is
new text end dangerous new text beginto the public new text endand who:

deleted text begin (1)deleted text endnew text begin (i)new text end was found incompetent to proceed to trial for a felony or was found not guilty by
reason of mental illness of a felony immediately prior to the filing of the commitment
petition;

deleted text begin (2)deleted text endnew text begin (ii)new text end was convicted of a felony immediately prior to or during commitment as a person
who deleted text beginis mentally ill anddeleted text endnew text begin has a mental illness and isnew text end dangerousnew text begin to the publicnew text end; or

deleted text begin (3)deleted text endnew text begin (iii)new text end is subject to a commitment to the commissioner of corrections; and

deleted text begin (b)deleted text endnew text begin (2)new text end a patient who has been committed as a psychopathic personality, a sexually
psychopathic personality, or a sexually dangerous person.

new text begin (b) new text endAt least ten days prior to a determination on the status, the medical director shall
notify the committing court, the county attorney of the county of commitment, the designated
agency, an interested person, the petitioner, and the petitioner's counsel of the proposed
status, and their right to request review by the special review board. If within ten days of
receiving notice any notified person requests review by filing a notice of objection with the
commissioner and the head of the new text beginsecure new text endtreatment facility, a hearing shall be held before
the special review board. The proposed status shall not be implemented unless it receives
a favorable recommendation by a majority of the board and approval by the commissioner.
The order of the commissioner is appealable as provided in section 253B.19.

new text begin (c) new text endNothing in this subdivision shall be construed to give a patient an affirmative right
to seek pass-eligible status from the special review board.

Sec. 90.

Minnesota Statutes 2018, section 253B.18, subdivision 4c, is amended to read:


Subd. 4c.

Special review board.

(a) The commissioner shall establish one or more
panels of a special review board. The board shall consist of three members experienced in
the field of mental illness. One member of each special review board panel shall be a
psychiatrist or a doctoral level psychologist with forensic experience and one member shall
be an attorney. No member shall be affiliated with the Department of Human Services. The
special review board shall meet at least every six months and at the call of the commissioner.
It shall hear and consider all petitions for a reduction in custody or to appeal a revocation
of provisional discharge. A "reduction in custody" means transfer from a secure treatment
facility, discharge, and provisional discharge. Patients may be transferred by the
commissioner between secure treatment facilities without a special review board hearing.

Members of the special review board shall receive compensation and reimbursement
for expenses as established by the commissioner.

(b) The special review board must review each denied petition under subdivision 5 for
barriers and obstacles preventing the patient from progressing in treatment. Based on the
cases before the board in the previous year, the special review board shall provide to the
commissioner an annual summation of the barriers to treatment progress, and
recommendations to achieve the common goal of making progress in treatment.

(c) A petition filed by a person committed as deleted text beginmentally ill anddeleted text end new text begina person who has a mental
illness and is
new text enddangerous to the public under this section must be heard as provided in
subdivision 5 and, as applicable, subdivision 13. A petition filed by a person committed as
a sexual psychopathic personality or as a sexually dangerous person under chapter 253D,
or committed as both deleted text beginmentally ill anddeleted text endnew text begin a person who has a mental illness and isnew text end dangerous
to the public under this section and as a sexual psychopathic personality or as a sexually
dangerous person must be heard as provided in section 253D.27.

Sec. 91.

Minnesota Statutes 2018, section 253B.18, subdivision 5, is amended to read:


Subd. 5.

Petition; notice of hearing; attendance; order.

(a) A petition for a reduction
in custody or revocation of provisional discharge shall be filed with the commissioner and
may be filed by the patient or by the head of the deleted text begintreatmentdeleted text end facilitynew text begin or program to which the
person was committed or has been transferred
new text end. A patient may not petition the special review
board for six months following commitment under subdivision 3 or following the final
disposition of any previous petition and subsequent appeal by the patient. The head of the
new text begin state-operated treatment program or head of the new text endtreatment facility must schedule a hearing
before the special review board for any patient who has not appeared before the special
review board in the previous three years, and schedule a hearing at least every three years
thereafter. The medical director may petition at any time.

(b) Fourteen days prior to the hearing, the committing court, the county attorney of the
county of commitment, the designated agency, interested person, the petitioner, and the
petitioner's counsel shall be given written notice by the commissioner of the time and place
of the hearing before the special review board. Only those entitled to statutory notice of the
hearing or those administratively required to attend may be present at the hearing. The
patient may designate interested persons to receive notice by providing the names and
addresses to the commissioner at least 21 days before the hearing. The board shall provide
the commissioner with written findings of fact and recommendations within 21 days of the
hearing. The commissioner shall issue an order no later than 14 days after receiving the
recommendation of the special review board. A copy of the order shall be mailed to every
person entitled to statutory notice of the hearing within five days after deleted text beginitdeleted text endnew text begin the ordernew text end is signed.
No order by the commissioner shall be effective sooner than 30 days after the order is signed,
unless the county attorney, the patient, and the commissioner agree that it may become
effective sooner.

(c) The special review board shall hold a hearing on each petition prior to making its
recommendation to the commissioner. The special review board proceedings are not contested
cases as defined in chapter 14. Any person or agency receiving notice that submits
documentary evidence to the special review board prior to the hearing shall also provide
copies to the patient, the patient's counsel, the county attorney of the county of commitment,
the case manager, and the commissioner.

(d) Prior to the final decision by the commissioner, the special review board may be
reconvened to consider events or circumstances that occurred subsequent to the hearing.

(e) In making their recommendations and order, the special review board and
commissioner must consider any statements received from victims under subdivision 5a.

Sec. 92.

Minnesota Statutes 2018, section 253B.18, subdivision 5a, is amended to read:


Subd. 5a.

Victim notification of petition and release; right to submit statement.

(a)
As used in this subdivision:

(1) "crime" has the meaning given to "violent crime" in section 609.1095, and includes
criminal sexual conduct in the fifth degree and offenses within the definition of "crime
against the person" in section 253B.02, subdivision 4a, and also includes offenses listed in
section 253D.02, subdivision 8, paragraph (b), regardless of whether they are sexually
motivated;

(2) "victim" means a person who has incurred loss or harm as a result of a crime the
behavior for which forms the basis for a commitment under this section or chapter 253D;
and

(3) "convicted" and "conviction" have the meanings given in section 609.02, subdivision
5
, and also include juvenile court adjudications, findings under Minnesota Rules of Criminal
Procedure, rule 20.02, that the elements of a crime have been proved, and findings in
commitment cases under this section or chapter 253D that an act or acts constituting a crime
occurred.

(b) A county attorney who files a petition to commit a person under this section or chapter
253D shall make a reasonable effort to provide prompt notice of filing the petition to any
victim of a crime for which the person was convicted. In addition, the county attorney shall
make a reasonable effort to promptly notify the victim of the resolution of the petition.

(c) Before provisionally discharging, discharging, granting pass-eligible status, approving
a pass plan, or otherwise permanently or temporarily releasing a person committed under
this section from a new text beginstate-operated treatment program or new text endtreatment facility, the head of the
new text begin state-operated treatment program or head of the new text endtreatment facility shall make a reasonable
effort to notify any victim of a crime for which the person was convicted that the person
may be discharged or released and that the victim has a right to submit a written statement
regarding decisions of the medical director, special review board, or commissioner with
respect to the person. To the extent possible, the notice must be provided at least 14 days
before any special review board hearing or before a determination on a pass plan.
Notwithstanding section 611A.06, subdivision 4, the commissioner shall provide the judicial
appeal panel with victim information in order to comply with the provisions of this section.
The judicial appeal panel shall ensure that the data on victims remains private as provided
for in section 611A.06, subdivision 4.

(d) This subdivision applies only to victims who have requested notification through
the Department of Corrections electronic victim notification system, or by contacting, in
writing, the county attorney in the county where the conviction for the crime occurred. A
request for notice under this subdivision received by the commissioner of corrections through
the Department of Corrections electronic victim notification system shall be promptly
forwarded to the prosecutorial authority with jurisdiction over the offense to which the
notice relates or, following commitment, the head of the new text beginstate-operated treatment program
or head of the
new text endtreatment facility. A county attorney who receives a request for notification
under this paragraph following commitment shall promptly forward the request to the
commissioner of human services.

(e) The rights under this subdivision are in addition to rights available to a victim under
chapter 611A. This provision does not give a victim all the rights of a "notified person" or
a person "entitled to statutory notice" under subdivision 4a, 4b, or 5 or section 253D.14.

Sec. 93.

Minnesota Statutes 2018, section 253B.18, subdivision 6, is amended to read:


Subd. 6.

Transfer.

new text begin(a) new text endA patient who is deleted text beginmentally ill anddeleted text endnew text begin a person who has a mental
illness and is
new text end dangerousnew text begin to the publicnew text end shall not be transferred out of a secure treatment facility
unless it appears to the satisfaction of the commissioner, after a hearing and favorable
recommendation by a majority of the special review board, that the transfer is appropriate.
Transfer may be to deleted text beginother regional centersdeleted text endnew text begin a state-operated treatment programnew text end under the
commissioner's control. In those instances where a commitment also exists to the Department
of Corrections, transfer may be to a facility designated by the commissioner of corrections.

new text begin (b) new text endThe following factors must be considered in determining whether a transfer is
appropriate:

(1) the person's clinical progress and present treatment needs;

(2) the need for security to accomplish continuing treatment;

(3) the need for continued institutionalization;

(4) which facility can best meet the person's needs; and

(5) whether transfer can be accomplished with a reasonable degree of safety for the
public.

Sec. 94.

Minnesota Statutes 2018, section 253B.18, subdivision 7, is amended to read:


Subd. 7.

Provisional discharge.

new text begin(a) new text endA patient who is deleted text beginmentally ill anddeleted text endnew text begin a person who has
a mental illness and is
new text end dangerousnew text begin to the publicnew text end shall not be provisionally discharged unless
it appears to the satisfaction of the commissioner, after a hearing and a favorable
recommendation by a majority of the special review board, that the patient is capable of
making an acceptable adjustment to open society.

new text begin (b) new text endThe following factors are to be considered in determining whether a provisional
discharge shall be recommended: (1) whether the patient's course of hospitalization and
present mental status indicate there is no longer a need for treatment and supervision in the
patient's current treatment setting; and (2) whether the conditions of the provisional discharge
plan will provide a reasonable degree of protection to the public and will enable the patient
to adjust successfully to the community.

Sec. 95.

Minnesota Statutes 2018, section 253B.18, subdivision 8, is amended to read:


Subd. 8.

Provisional discharge plan.

A provisional discharge plan shall be developed,
implementednew text begin,new text end and monitored by the designated agency in conjunction with the patient, the
deleted text begin treatmentdeleted text end facilitynew text begin or program to which the person is committed,new text end and other appropriate
persons. The designated agency shall, at least quarterly, review the new text beginprovisional discharge
new text end plan with the patient and submit a written report to deleted text beginthe commissioner anddeleted text end the deleted text begintreatmentdeleted text end
facility new text beginor program new text endconcerning the patient's status and compliance with each term of the
new text begin provisional discharge new text endplan.

Sec. 96.

Minnesota Statutes 2018, section 253B.18, subdivision 10, is amended to read:


Subd. 10.

Provisional discharge; revocation.

new text begin(a) new text endThe head of the deleted text begintreatmentdeleted text end facility new text beginor
program from which the person was provisionally discharged
new text endmay revoke a provisional
discharge if any of the following grounds exist:

(i) the patient has departed from the conditions of the provisional discharge plan;

(ii) the patient is exhibiting signs of a mental illness which may require in-hospital
evaluation or treatment; or

(iii) the patient is exhibiting behavior which may be dangerous to self or others.

new text begin (b) new text endRevocation shall be commenced by a notice of intent to revoke provisional discharge,
which shall be served upon the patient, patient's counsel, and the designated agency. The
notice shall set forth the grounds upon which the intention to revoke is based, and shall
inform the patient of the rights of a patient under this chapter.

new text begin (c) new text endIn all nonemergency situations, prior to revoking a provisional discharge, the head
of the deleted text begintreatmentdeleted text end facility new text beginor program new text endshall obtain a new text beginrevocation new text endreport from the designated
agency outlining the specific reasons for recommending the revocation, including but not
limited to the specific facts upon which the revocation recommendation is based.

new text begin (d) new text endThe patient must be provided a copy of the revocation report and informed orally
and in writing of the rights of a patient under this section.

Sec. 97.

Minnesota Statutes 2018, section 253B.18, subdivision 11, is amended to read:


Subd. 11.

Exceptions.

If an emergency exists, the head of the deleted text begintreatmentdeleted text end facility new text beginor
program
new text endmay revoke the provisional discharge and, either orally or in writing, order that
the patient be immediately returned to the deleted text begintreatmentdeleted text end facilitynew text begin or programnew text end. In emergency cases,
a new text beginrevocation new text endreport deleted text begindocumenting reasons for revocationdeleted text end shall be submitted by the designated
agency within seven days after the patient is returned to the deleted text begintreatmentdeleted text end facilitynew text begin or programnew text end.

Sec. 98.

Minnesota Statutes 2018, section 253B.18, subdivision 12, is amended to read:


Subd. 12.

Return of patient.

After revocation of a provisional discharge or if the patient
is absent without authorization, the head of the deleted text begintreatmentdeleted text end facility new text beginor program new text endmay request
the patient to return to the deleted text begintreatmentdeleted text end facility new text beginor program new text endvoluntarily. The head of the facility
new text begin or program new text endmay request a health officerdeleted text begin, a welfare officer,deleted text end or a peace officer to return the
patient to the deleted text begintreatmentdeleted text end facilitynew text begin or programnew text end. If a voluntary return is not arranged, the head
of the deleted text begintreatmentdeleted text end facility new text beginor program new text endshall inform the committing court of the revocation or
absence and the court shall direct a health or peace officer in the county where the patient
is located to return the patient to the deleted text begintreatmentdeleted text end facility new text beginor program new text endor to another new text beginstate-operated
treatment program or
new text endtreatment facility. The expense of returning the patient to a deleted text beginregionaldeleted text endnew text begin
state-operated
new text end treatment deleted text begincenterdeleted text endnew text begin programnew text end shall be paid by the commissioner unless paid by
the patient or other persons on the patient's behalf.

Sec. 99.

Minnesota Statutes 2018, section 253B.18, subdivision 14, is amended to read:


Subd. 14.

Voluntary readmission.

(a) With the consent of the head of the deleted text begintreatmentdeleted text end
facilitynew text begin or programnew text end, a patient may voluntarily return from provisional discharge for a period
of up to 30 days, or up to 60 days with the consent of the designated agency. If the patient
is not returned to provisional discharge status within 60 days, the provisional discharge is
revoked. Within 15 days of receiving notice of the change in status, the patient may request
a review of the matter before the special review board. The board may recommend a return
to a provisional discharge status.

(b) The deleted text begintreatmentdeleted text end facility new text beginor program new text endis not required to petition for a further review by
the special review board unless the patient's return to the community results in substantive
change to the existing provisional discharge plan. All the terms and conditions of the
provisional discharge order shall remain unchanged if the patient is released again.

Sec. 100.

Minnesota Statutes 2018, section 253B.18, subdivision 15, is amended to read:


Subd. 15.

Discharge.

new text begin(a) new text endA patient who is deleted text beginmentally ill anddeleted text endnew text begin a person who has a mental
illness and is
new text end dangerousnew text begin to the publicnew text end shall not be discharged unless it appears to the
satisfaction of the commissioner, after a hearing and a favorable recommendation by a
majority of the special review board, that the patient is capable of making an acceptable
adjustment to open society, is no longer dangerous to the public, and is no longer in need
of treatment and supervision.

new text begin (b) new text endIn determining whether a discharge shall be recommended, the special review board
and commissioner shall consider whether specific conditions exist to provide a reasonable
degree of protection to the public and to assist the patient in adjusting to the community. If
the desired conditions do not exist, the discharge shall not be granted.

Sec. 101.

Minnesota Statutes 2018, section 253B.19, subdivision 2, is amended to read:


Subd. 2.

Petition; hearing.

(a) A deleted text beginpersondeleted text endnew text begin patientnew text end committed as deleted text beginmentally ill anddeleted text end new text begina person
who has a mental illness and is
new text enddangerous to the public under section 253B.18, or the county
attorney of the county from which the deleted text beginpersondeleted text endnew text begin patientnew text end was committed or the county of financial
responsibility, may petition the judicial appeal panel for a rehearing and reconsideration of
a decision by the commissioner under section 253B.18, subdivision 5. The judicial appeal
panel must not consider petitions for relief other than those considered by the commissioner
from which the appeal is taken. The petition must be filed with the supreme court within
30 days after the decision of the commissioner is signed. The hearing must be held within
45 days of the filing of the petition unless an extension is granted for good cause.

(b) For an appeal under paragraph (a), the supreme court shall refer the petition to the
chief judge of the judicial appeal panel. The chief judge shall notify the patient, the county
attorney of the county of commitment, the designated agency, the commissioner, the head
of the deleted text begintreatmentdeleted text end facilitynew text begin or program to which the patient was committednew text end, 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.

(c) Any person may oppose the petition. The patient, the patient's counsel, the county
attorney of the committing county or the county of financial responsibility, and the
commissioner shall participate as parties to the proceeding pending before the judicial appeal
panel and shall, except when the patient is committed solely as deleted text beginmentally ill anddeleted text endnew text begin a person
who has a mental illness and is
new text end dangerousnew text begin to the publicnew text end, 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. The judicial appeal panel may appoint new text begincourt new text endexaminers 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 patient, the patient'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. 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. A party seeking transfer under section 253B.18,
subdivision 6, must establish by a preponderance of the evidence that the transfer is
appropriate.

Sec. 102.

Minnesota Statutes 2018, section 253B.20, subdivision 1, is amended to read:


Subdivision 1.

Notice to court.

When a committed person is discharged, provisionally
discharged, transferred to another deleted text begintreatmentdeleted text end facilitydeleted text begin, or partially hospitalizeddeleted text endnew text begin or programnew text end,
or when the deleted text beginpersondeleted text endnew text begin patientnew text end dies, is absent without authorization, or is returned, the deleted text begintreatmentdeleted text end
facility new text beginor program new text endhaving custody of the patient shall notify the committing court, the
county attorney, and the patient's attorney.

Sec. 103.

Minnesota Statutes 2018, section 253B.20, subdivision 2, is amended to read:


Subd. 2.

Necessities.

The deleted text beginhead of thedeleted text end new text beginstate-operated new text endtreatment deleted text beginfacilitydeleted text endnew text begin programnew text end shall
make necessary arrangements at the expense of the state to insure that no patient is discharged
or provisionally discharged without suitable clothing. The head of the new text beginstate-operated new text endtreatment
deleted text begin facilitydeleted text endnew text begin programnew text end shall, if necessary, provide the patient with a sufficient sum of money to
secure transportation home, or to another destination of the patient's choice, if the destination
is located within a reasonable distance of the new text beginstate-operated new text endtreatment deleted text beginfacilitydeleted text endnew text begin programnew text end. The
commissioner shall establish procedures by rule to help the patient receive all public
assistance benefits provided by state or federal law to which the patient is entitled by
residence and circumstances. The rule shall be uniformly applied in all counties. All counties
shall provide temporary relief whenever necessary to meet the intent of this subdivision.

Sec. 104.

Minnesota Statutes 2018, section 253B.20, subdivision 3, is amended to read:


Subd. 3.

Notice to designated agency.

The head of the deleted text begintreatmentdeleted text end facilitynew text begin or programnew text end,
upon the provisional discharge of any committed person, shall notify the designated agency
before the patient leaves the deleted text begintreatmentdeleted text end facilitynew text begin or programnew text end. Whenever possible the notice
shall be given at least one week before the patient is to leave the facilitynew text begin or programnew text end.

Sec. 105.

Minnesota Statutes 2018, 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 financial responsibility, in
cooperation with the head of the deleted text begintreatmentdeleted text end facilitynew text begin or programnew text end, 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. 106.

Minnesota Statutes 2018, section 253B.20, subdivision 6, is amended to read:


Subd. 6.

Notice to physician.

The head of the deleted text begintreatmentdeleted text end facility new text beginor program new text endshall notify
the physician of any committed person at the time of the patient's discharge or provisional
discharge, unless the patient objects to the notice.

Sec. 107.

Minnesota Statutes 2018, section 253B.21, subdivision 1, is amended to read:


Subdivision 1.

Administrative procedures.

If the patient is entitled to care by any
agency of the United States in this state, the commitment warrant shall be in triplicate,
committing the patient to the joint custody of the head of the deleted text begintreatmentdeleted text end facilitynew text begin or programnew text end
and the federal agency. If the federal agency is unable or unwilling to receive the patient at
the time of commitment, the patient may subsequently be transferred to it upon its request.

Sec. 108.

Minnesota Statutes 2018, section 253B.21, subdivision 2, is amended to read:


Subd. 2.

Applicable regulations.

Any person, when admitted to an institution of a
federal agency within or without this state, shall be subject to the rules and regulations of
the federal agency, except that nothing in this section shall deprive any person of rights
secured to patients of deleted text beginstatedeleted text endnew text begin state-operated treatment programs, new text end treatment facilitiesnew text begin, and
community-based treatment programs
new text end by this chapter.

Sec. 109.

Minnesota Statutes 2018, section 253B.21, subdivision 3, is amended to read:


Subd. 3.

Powers.

The chief officer of any treatment facility operated by a federal agency
to which any person is admitted shall have the same powers as the heads of deleted text begintreatment
facilities
deleted text endnew text begin state-operated treatment programsnew text end within this state with respect to admission,
retention of custody, transfer, parole, or discharge of the committed person.

Sec. 110.

Minnesota Statutes 2018, section 253B.212, subdivision 1, is amended to read:


Subdivision 1.

Cost of care; commitment by tribal court order; Red Lake Band of
Chippewa Indians.

The commissioner of human services may contract with and receive
payment from the Indian Health Service of the United States Department of Health and
Human Services for the care and treatment of those members of the Red Lake Band of
Chippewa Indians who have been committed by tribal court order to the Indian Health
Service for care and treatment of mental illness, developmental disability, or chemical
dependency. The contract shall provide that the Indian Health Service may not transfer any
person for admission to a deleted text beginregional centerdeleted text endnew text begin state-operated treatment programnew text end unless the
commitment procedure utilized by the tribal court provided due process protections similar
to those afforded by sections deleted text begin253B.05deleted text endnew text begin 253B.051new text end to 253B.10.

Sec. 111.

Minnesota Statutes 2018, section 253B.212, subdivision 1a, is amended to read:


Subd. 1a.

Cost of care; commitment by tribal court order; White Earth Band of
Ojibwe Indians.

The commissioner of human services may contract with and receive
payment from the Indian Health Service of the United States Department of Health and
Human Services for the care and treatment of those members of the White Earth Band of
Ojibwe Indians who have been committed by tribal court order to the Indian Health Service
for care and treatment of mental illness, developmental disability, or chemical dependency.
The tribe may also contract directly with the commissioner for treatment of those members
of the White Earth Band who have been committed by tribal court order to the White Earth
Department of Health for care and treatment of mental illness, developmental disability, or
chemical dependency. The contract shall provide that the Indian Health Service and the
White Earth Band shall not transfer any person for admission to a deleted text beginregional centerdeleted text endnew text begin
state-operated treatment program
new text end unless the commitment procedure utilized by the tribal
court provided due process protections similar to those afforded by sections deleted text begin253B.05deleted text endnew text begin
253B.051
new text end
to 253B.10.

Sec. 112.

Minnesota Statutes 2018, section 253B.212, subdivision 1b, is amended to read:


Subd. 1b.

Cost of care; commitment by tribal court order; any federally recognized
Indian tribe within the state of Minnesota.

The commissioner of human services may
contract with and receive payment from the Indian Health Service of the United States
Department of Health and Human Services for the care and treatment of those members of
any federally recognized Indian tribe within the state, who have been committed by tribal
court order to the Indian Health Service for care and treatment of mental illness,
developmental disability, or chemical dependency. The tribe may also contract directly with
the commissioner for treatment of those members of any federally recognized Indian tribe
within the state who have been committed by tribal court order to the respective tribal
Department of Health for care and treatment of mental illness, developmental disability, or
chemical dependency. The contract shall provide that the Indian Health Service and any
federally recognized Indian tribe within the state shall not transfer any person for admission
to a deleted text beginregional centerdeleted text endnew text begin state-operated treatment programnew text end unless the commitment procedure
utilized by the tribal court provided due process protections similar to those afforded by
sections deleted text begin253B.05deleted text endnew text begin 253B.051new text end to 253B.10.

Sec. 113.

Minnesota Statutes 2018, section 253B.212, subdivision 2, is amended to read:


Subd. 2.

Effect given to tribal commitment order.

new text begin(a) new text endWhen, under an agreement
entered into pursuant to subdivision 1, 1a, or 1b, the Indian Health Service or the placing
tribe applies to a deleted text beginregional centerdeleted text endnew text begin state-operated treatment programnew text end for admission of a person
committed to the jurisdiction of the health service by the tribal court deleted text beginas a person who is
mentally ill, developmentally disabled, or chemically dependent
deleted text endnew text begin due to mental illness,
developmental disability, or chemical dependency
new text end, the commissioner may treat the patient
with the consent of the Indian Health Service or the placing tribe.

new text begin (b) new text endA person admitted to a deleted text beginregional centerdeleted text endnew text begin state-operated treatment programnew text end pursuant to
this section has all the rights accorded by section 253B.03. In addition, treatment reports,
prepared in accordance with the requirements of section 253B.12, subdivision 1, shall be
filed with the Indian Health Service or the placing tribe within 60 days of commencement
of the patient's stay at the deleted text beginfacilitydeleted text endnew text begin programnew text end. A subsequent treatment report shall be filed with
the Indian Health Service or the placing tribe within six months of the patient's admission
to the deleted text beginfacilitydeleted text endnew text begin programnew text end or prior to discharge, whichever comes first. Provisional discharge
or transfer of the patient may be authorized by the head of the deleted text begintreatment facilitydeleted text endnew text begin programnew text end
only with the consent of the Indian Health Service or the placing tribe. Discharge from the
deleted text begin facilitydeleted text endnew text begin programnew text end to the Indian Health Service or the placing tribe may be authorized by the
head of the deleted text begintreatment facilitydeleted text endnew text begin programnew text end after notice to and consultation with the Indian Health
Service or the placing tribe.

Sec. 114.

Minnesota Statutes 2018, section 253B.22, subdivision 1, is amended to read:


Subdivision 1.

Establishment.

The commissioner shall establish a review board of three
or more persons for deleted text begineach regional centerdeleted text endnew text begin the Anoka-Metro Regional Treatment Center,
Minnesota Security Hospital, and Minnesota sex offender program
new text end to review the admission
and retention of deleted text beginitsdeleted text end patients new text beginof that program new text endreceiving services under this chapter. One
member shall be qualified in the diagnosis of mental illness, developmental disability, or
chemical dependency, and one member shall be an attorney. The commissioner may, upon
written request from the appropriate federal authority, establish a review panel for any
federal treatment facility within the state to review the admission and retention of patients
hospitalized under this chapter. For any review board established for a federal treatment
facility, one of the persons appointed by the commissioner shall be the commissioner of
veterans affairs or the commissioner's designee.

Sec. 115.

Minnesota Statutes 2018, section 253B.22, subdivision 2, is amended to read:


Subd. 2.

Right to appear.

Each deleted text begintreatment facilitydeleted text endnew text begin program specified in subdivision 1new text end
shall be visited by the review board at least once every six months. Upon request each
patient in the deleted text begintreatment facilitydeleted text endnew text begin programnew text end shall have the right to appear before the review
board during the visit.

Sec. 116.

Minnesota Statutes 2018, section 253B.22, subdivision 3, is amended to read:


Subd. 3.

Notice.

The head of deleted text beginthe treatment facilitydeleted text endnew text begin each program specified in subdivision
1
new text end shall notify each patient at the time of admission by a simple written statement of the
patient's right to appear before the review board and the next date when the board will visit
deleted text begin the treatment facilitydeleted text endnew text begin that programnew text end. A request to appear before the board need not be in
writing. Any employee of the deleted text begintreatment facilitydeleted text endnew text begin programnew text end receiving a patient's request to
appear before the board shall notify the head of the deleted text begintreatment facilitydeleted text endnew text begin programnew text end of the request.

Sec. 117.

Minnesota Statutes 2018, section 253B.22, subdivision 4, is amended to read:


Subd. 4.

Review.

The board shall review the admission and retention of patients at deleted text beginits
respective treatment facility
deleted text endnew text begin the programnew text end. The board may examine the records of all patients
admitted and may examine personally at its own instigation all patients who from the records
or otherwise appear to justify reasonable doubt as to continued need of confinement in deleted text begina
treatment facility
deleted text endnew text begin the programnew text end. The review board shall report its findings to the commissioner
and to the head of the deleted text begintreatment facilitydeleted text endnew text begin programnew text end. The board may also receive reports from
patients, interested persons, and deleted text begintreatment facilitydeleted text end employeesnew text begin of the programnew text end, and investigate
conditions affecting the care of patients.

Sec. 118.

Minnesota Statutes 2018, 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
new text begin court-appointed new text endexaminer, 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 financial responsibility.

Sec. 119.

Minnesota Statutes 2018, section 253B.23, subdivision 1b, is amended to read:


Subd. 1b.

Responsibility for conducting prepetition screening and filing commitment
deleted text begin and early interventiondeleted text end petitions.

(a) The county of financial responsibility is responsible
to conduct prepetition screening pursuant to section 253B.07, subdivision 1, and, if statutory
conditions for deleted text beginearly intervention ordeleted text end commitment are satisfied, to file a petition pursuant to
section deleted text begin253B.064, subdivision 1, paragraph (a);deleted text end 253B.07, subdivision 1, paragraph (a)deleted text begin;deleted text endnew text begin,new text end or
253D.07.

(b) Except in cases under chapter 253D, 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 deleted text beginearly
intervention or
deleted text end commitment are satisfied, file the petition.

(c) In cases under chapter 253D, 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.

(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).

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

(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.

Sec. 120.

Minnesota Statutes 2018, section 253B.23, subdivision 2, is amended to read:


Subd. 2.

Legal results of commitment status.

(a) Except as otherwise provided in this
chapter and in sections 246.15 and 246.16, no person by reason of commitment or treatment
pursuant to this chapter shall be deprived of any legal right, including but not limited to the
right to dispose of property, sue and be sued, execute instruments, make purchases, enter
into contractual relationships, vote, and hold a driver's license. Commitment or treatment
of any patient pursuant to this chapter is not a judicial determination of legal incompetency
except to the extent provided in section 253B.03, subdivision 6.

(b) Proceedings for determination of legal incompetency and the appointment of a
guardian for a person subject to commitment under this chapter may be commenced before,
during, or after commitment proceedings have been instituted and may be conducted jointly
with the commitment proceedings. The court shall notify the head of the deleted text begintreatmentdeleted text end facilitynew text begin
or program
new text end to which the patient is committed of a finding that the patient is incompetent.

(c) Where the person to be committed is a minor or owns property of value and it appears
to the court that the person is not competent to manage a personal estate, the court shall
appoint a general conservator of the person's estate as provided by law.

Sec. 121.

Minnesota Statutes 2018, section 253B.24, is amended to read:


253B.24 TRANSMITTAL OF DATA TO NATIONAL INSTANT CRIMINAL
BACKGROUND CHECK SYSTEM.

When a court:

(1) commits a person under this chapter deleted text beginas being mentally ill, developmentally disabled,
mentally ill and dangerous, or chemically dependent
deleted text endnew text begin due to mental illness, developmental
disability, or chemical dependency, or as a person who has a mental illness and is dangerous
to the public
new text end;

(2) determines in a criminal case that a person is incompetent to stand trial or not guilty
by reason of mental illness; or

(3) restores a person's ability to possess a firearm under section 609.165, subdivision
1d
, or 624.713, subdivision 4,

the court shall ensure that this information is electronically transmitted within three business
days to the National Instant Criminal Background Check System.

Sec. 122.

Minnesota Statutes 2018, section 253D.02, subdivision 6, is amended to read:


Subd. 6.

new text beginCourt new text endexaminer.

"new text beginCourt new text endexaminer" has the meaning given in section 253B.02,
subdivision deleted text begin7deleted text endnew text begin 7anew text end.

Sec. 123.

Minnesota Statutes 2018, section 253D.07, subdivision 2, is amended to read:


Subd. 2.

Petition.

Upon the filing of a petition alleging that a proposed respondent is a
sexually dangerous person or a person with a sexual psychopathic personality, deleted text beginthe court
shall hear the petition as provided
deleted text endnew text begin all of the applicable procedures containednew text end in sections
253B.07 and 253B.08new text begin apply to the commitment proceedingnew text end.

Sec. 124.

Minnesota Statutes 2018, section 253D.10, subdivision 2, is amended to read:


Subd. 2.

Correctional facilities.

(a) A person who is being petitioned for commitment
under this chapter and who is placed under a judicial hold order under section 253B.07,
subdivision 2b
or 7, may be confined at a Department of Corrections or a county correctional
or detention facility, rather than a secure treatment facility, until a determination of the
commitment petition as specified in this subdivision.

(b) A court may order that a person who is being petitioned for commitment under this
chapter be confined in a Department of Corrections facility pursuant to the judicial hold
order under the following circumstances and conditions:

(1) The person is currently serving a sentence in a Department of Corrections facility
and the court determines that the person has made a knowing and voluntary (i) waiver of
the right to be held in a secure treatment facility and (ii) election to be held in a Department
of Corrections facility. The order confining the person in the Department of Corrections
facility shall remain in effect until the court vacates the order or the person's criminal sentence
and conditional release term expire.

In no case may the person be held in a Department of Corrections facility pursuant only
to this subdivision, and not pursuant to any separate correctional authority, for more than
210 days.

(2) A person who has elected to be confined in a Department of Corrections facility
under this subdivision may revoke the election by filing a written notice of intent to revoke
the election with the court and serving the notice upon the Department of Corrections and
the county attorney. The court shall order the person transferred to a secure treatment facility
within 15 days of the date that the notice of revocation was filed with the court, except that,
if the person has additional time to serve in prison at the end of the 15-day period, the person
shall not be transferred to a secure treatment facility until the person's prison term expires.
After a person has revoked an election to remain in a Department of Corrections facility
under this subdivision, the court may not adopt another election to remain in a Department
of Corrections facility without the agreement of both parties and the Department of
Corrections.

(3) Upon petition by the commissioner of corrections, after notice to the parties and
opportunity for hearing and for good cause shown, the court may order that the person's
place of confinement be changed from the Department of Corrections to a secure treatment
facility.

(4) While at a Department of Corrections facility pursuant to this subdivision, the person
shall remain subject to all rules and practices applicable to correctional inmates in the facility
in which the person is placed includingdeleted text begin,deleted text end but not limited todeleted text begin,deleted text end the powers and duties of the
commissioner of corrections under section 241.01, powers relating to use of force under
section 243.52, and the right of the commissioner of corrections to determine the place of
confinement in a prison, reformatory, or other facility.

(5) A person may not be confined in a Department of Corrections facility under this
provision beyond the end of the person's executed sentence or the end of any applicable
conditional release period, whichever is later. If a person confined in a Department of
Corrections facility pursuant to this provision reaches the person's supervised release date
and is subject to a period of conditional release, the period of conditional release shall
commence on the supervised release date even though the person remains in the Department
of Corrections facility pursuant to this provision. At the end of the later of the executed
sentence or any applicable conditional release period, the person shall be transferred to a
secure treatment facility.

(6) Nothing in this section may be construed to establish a right of an inmate in a state
correctional facility to participate in sex offender treatment. This section must be construed
in a manner consistent with the provisions of section 244.03.

new text begin (c) When a person is temporarily confined in a Department of Corrections facility solely
under this subdivision and not based on any separate correctional authority, the commissioner
of corrections may charge the county of financial responsibility for the costs of confinement,
and 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 end

deleted text begin (c)deleted text endnew text begin (d)new text end The committing county may offer a person who is being petitioned for commitment
under this chapter and who is placed under a judicial hold order under section 253B.07,
subdivision 2b
or 7, the option to be held in a county correctional or detention facility rather
than a secure treatment facility, under such terms as may be agreed to by the county, the
commitment petitioner, and the commitment respondent. If a person makes such an election
under this paragraph, the court hold order shall specify the terms of the agreement, including
the conditions for revoking the election.

Sec. 125.

Minnesota Statutes 2018, section 253D.21, is amended to read:


253D.21 deleted text beginNEUROLEPTICdeleted text endnew text begin PSYCHOTROPICnew text end MEDICATION.

deleted text begin Neurolepticdeleted text endnew text begin Psychotropicnew text end medications may be administered to a person committed under
this chapter only as provided in section 253B.092.

Sec. 126.

Minnesota Statutes 2018, 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. The
hearing may be conducted by interactive video conference under General Rules of Practice,
rule 131, and Minnesota Rules of Civil Commitment, rule 14.

(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 new text begincourt new text endexaminers 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.

Sec. 127. new text beginAPPROPRIATION.
new text end

new text begin $....... in fiscal year 2020 is appropriated from the general fund to the commissioner of
human services for the pilot project under Minnesota Statutes, section 253B.041.
new text end

Sec. 128. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2018, sections 253B.02, subdivision 6; 253B.05, subdivisions 1, 2,
2b, 3, and 4; 253B.064; 253B.065; 253B.066; 253B.09, subdivision 3; 253B.15, subdivision
11; and 253B.20, subdivision 7,
new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 19-2088

253B.02 DEFINITIONS.

Subd. 6.

Emergency treatment.

"Emergency treatment" means the treatment of a patient pursuant to section 253B.05 which is necessary to protect the patient or others from immediate harm.

253B.05 EMERGENCY ADMISSION.

Subdivision 1.

Emergency hold.

(a) Any person may be admitted or held for emergency care and treatment in a treatment facility, except to a facility operated by the Minnesota sex offender program, with the consent of the head of the treatment facility upon a written statement by an examiner that:

(1) the examiner has examined the person not more than 15 days prior to admission;

(2) the examiner is of the opinion, for stated reasons, that the person is mentally ill, developmentally disabled, or chemically dependent, and is in danger of causing injury to self or others if not immediately detained; and

(3) an order of the court cannot be obtained in time to prevent the anticipated injury.

(b) If the proposed patient has been brought to the treatment facility by another person, the examiner shall make a good faith effort to obtain a statement of information that is available from that person, which must be taken into consideration in deciding whether to place the proposed patient on an emergency hold. The statement of information must include, to the extent available, direct observations of the proposed patient's behaviors, reliable knowledge of recent and past behavior, and information regarding psychiatric history, past treatment, and current mental health providers. The examiner shall also inquire into the existence of health care directives under chapter 145, and advance psychiatric directives under section 253B.03, subdivision 6d.

(c) The examiner's statement shall be: (1) sufficient authority for a peace or health officer to transport a patient to a treatment facility, (2) stated in behavioral terms and not in conclusory language, and (3) of sufficient specificity to provide an adequate record for review. If danger to specific individuals is a basis for the emergency hold, the statement must identify those individuals, to the extent practicable. A copy of the examiner's statement shall be personally served on the person immediately upon admission and a copy shall be maintained by the treatment facility.

(d) A patient must not be allowed or required to consent to nor participate in a clinical drug trial during an emergency admission or hold under this subdivision or subdivision 2. A consent given during a period of an emergency admission or hold is void and unenforceable. This paragraph does not prohibit a patient from continuing participation in a clinical drug trial if the patient was participating in the drug trial at the time of the emergency admission or hold.

Subd. 2.

Peace or health officer authority.

(a) A peace or health officer may take a person into custody and transport the person to a licensed physician or treatment facility if the officer has reason to believe, either through direct observation of the person's behavior, or upon reliable information of the person's recent behavior and knowledge of the person's past behavior or psychiatric treatment, that the person is mentally ill or developmentally disabled and in danger of injuring self or others if not immediately detained. A peace or health officer or a person working under such officer's supervision, may take a person who is believed to be chemically dependent or is intoxicated in public into custody and transport the person to a treatment facility. If the person is intoxicated in public or is believed to be chemically dependent and is not in danger of causing self-harm or harm to any person or property, the peace or health officer may transport the person home. The peace or health officer shall make written application for admission of the person to the treatment facility. The application shall contain the peace or health officer's statement specifying the reasons for and circumstances under which the person was taken into custody. If danger to specific individuals is a basis for the emergency hold, the statement must include identifying information on those individuals, to the extent practicable. A copy of the statement shall be made available to the person taken into custody. The peace or health officer who makes the application shall provide the officer's name, the agency that employs the officer, and the telephone number or other contact information for purposes of receiving notice under subdivision 3, paragraph (d).

(b) As far as is practicable, a peace officer who provides transportation for a person placed in a facility under this subdivision may not be in uniform and may not use a vehicle visibly marked as a law enforcement vehicle.

(c) A person may be admitted to a treatment facility for emergency care and treatment under this subdivision with the consent of the head of the facility under the following circumstances: (1) a written statement shall only be made by the following individuals who are knowledgeable, trained, and practicing in the diagnosis and treatment of mental illness or developmental disability; the medical officer, or the officer's designee on duty at the facility, including a licensed physician, a licensed physician assistant, or an advanced practice registered nurse who after preliminary examination has determined that the person has symptoms of mental illness or developmental disability and appears to be in danger of harming self or others if not immediately detained; or (2) a written statement is made by the institution program director or the director's designee on duty at the facility after preliminary examination that the person has symptoms of chemical dependency and appears to be in danger of harming self or others if not immediately detained or is intoxicated in public.

Subd. 2b.

Notice.

Every person held pursuant to this section must be informed in writing at the time of admission of the right to leave after 72 hours, to a medical examination within 48 hours, and to request a change to voluntary status. The treatment facility shall, upon request, assist the person in exercising the rights granted in this subdivision.

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 financial responsibility 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) Notwithstanding section 144.293, subdivisions 2 and 4, if a treatment facility releases or discharges a person during the 72-hour hold period or if the person leaves the facility without the consent of the treating health care provider, 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. This paragraph does not apply to the extent that the notice would violate federal law governing the confidentiality of alcohol and drug abuse patient records under Code of Federal Regulations, title 42, part 2.

(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.

Subd. 4.

Change of status.

Any person admitted pursuant to this section shall be changed to voluntary status provided by section 253B.04 upon the person's request in writing and with the consent of the head of the treatment facility.

253B.064 COURT-ORDERED EARLY INTERVENTION; PRELIMINARY PROCEDURES.

Subdivision 1.

General.

(a) An interested person may apply to the designated agency for early intervention of a proposed patient in the county of financial responsibility or the county where the patient is present. 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.07, subdivision 2c. 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.

Subd. 2.

Prehearing examination; failure to appear.

If a proposed patient fails to appear for the examination, the court may:

(1) reschedule the examination; or

(2) deem the failure to appear as a waiver of the proposed patient's right to an examination and consider the failure to appear when deciding the merits of the petition for early intervention.

Subd. 3.

County option.

Nothing in sections 253B.064 to 253B.066 requires a county to use early intervention procedures.

253B.065 COURT-ORDERED EARLY INTERVENTION; HEARING PROCEDURES.

Subdivision 1.

Time for early intervention hearing.

The hearing on the petition for early intervention shall be held within 14 days from the date of the filing of the petition. For good cause shown, the court may extend the time of hearing up to an additional 30 days. When any proposed patient has not had a hearing on a petition filed for early intervention within the allowed time, the proceedings shall be dismissed.

Subd. 2.

Notice of hearing.

The proposed patient, the patient's counsel, the petitioner, the county attorney, and any other persons as the court directs shall be given at least five days' notice that a hearing will be held and at least two days' notice of the time and date of the hearing, except that any person may waive notice. Notice to the proposed patient may be waived by patient's counsel.

Subd. 3.

Failure to appear.

If a proposed patient fails to appear at the hearing, the court may reschedule the hearing within five days and direct a health officer, peace officer, or other person to take the proposed patient to an appropriate treatment facility designated by the court and transport the person to the hearing.

Subd. 4.

Procedures.

The hearing must be conducted pursuant to section 253B.08, subdivisions 3 to 8.

Subd. 5.

Early intervention criteria.

(a) A court shall order early intervention treatment of a proposed patient who meets the criteria under paragraph (b) or (c). The early intervention treatment must be less intrusive than long-term inpatient commitment and must be the least restrictive treatment program available that can meet the patient's treatment needs.

(b) The court shall order early intervention treatment if the court finds all of the elements of the following factors by clear and convincing evidence:

(1) the proposed patient is mentally ill;

(2) the proposed patient refuses to accept appropriate mental health treatment; and

(3) the proposed patient's mental illness is manifested by instances of grossly disturbed behavior or faulty perceptions and either:

(i) the grossly disturbed behavior or faulty perceptions significantly interfere with the proposed patient's ability to care for self and the proposed patient, when competent, would have chosen substantially similar treatment under the same circumstances; or

(ii) due to the mental illness, the proposed patient received court-ordered inpatient treatment under section 253B.09 at least two times in the previous three years; the patient is exhibiting symptoms or behavior substantially similar to those that precipitated one or more of the court-ordered treatments; and the patient is reasonably expected to physically or mentally deteriorate to the point of meeting the criteria for commitment under section 253B.09 unless treated.

For purposes of this paragraph, a proposed patient who was released under section 253B.095 and whose release was not revoked is not considered to have received court-ordered inpatient treatment under section 253B.09.

(c) The court may order early intervention treatment if the court finds by clear and convincing evidence that a pregnant woman is a chemically dependent person. A chemically dependent person for purposes of this section is a woman who has during pregnancy engaged in excessive use, for a nonmedical purpose, of controlled substances or their derivatives, alcohol, or inhalants that will pose a substantial risk of damage to the brain or physical development of the fetus.

(d) For purposes of paragraphs (b) and (c), none of the following constitute a refusal to accept appropriate mental health treatment:

(1) a willingness to take medication but a reasonable disagreement about type or dosage;

(2) a good faith effort to follow a reasonable alternative treatment plan, including treatment as specified in a valid advance directive under chapter 145C or section 253B.03, subdivision 6d;

(3) an inability to obtain access to appropriate treatment because of inadequate health care coverage or an insurer's refusal or delay in providing coverage for the treatment; or

(4) an inability to obtain access to needed mental health services because the provider will only accept patients who are under a court order or because the provider gives persons under a court order a priority over voluntary patients in obtaining treatment and services.

253B.066 COURT-ORDERED EARLY INTERVENTION; DECISION; TREATMENT ALTERNATIVES; DURATION.

Subdivision 1.

Treatment alternatives.

If the court orders early intervention under section 253B.065, subdivision 5, the court may include in its order a variety of treatment alternatives including, but not limited to, day treatment, medication compliance monitoring, assertive community treatment, crisis assessment and stabilization, partial hospitalization, and short-term hospitalization not to exceed 21 days.

If the court orders short-term hospitalization and the proposed patient will not go voluntarily, the court may direct a health officer, peace officer, or other person to take the person into custody and transport the person to the hospital.

Subd. 2.

Findings.

The court shall find the facts specifically and separately state its conclusions of law in its order. Where early intervention is ordered, the findings of fact and conclusions of law shall specifically state the proposed patient's conduct which is a basis for determining that each of the requisites for early intervention is met.

The court shall also determine the nature and extent of the property of the patient and of the persons who are liable for the patient's care.

Subd. 3.

Duration.

The order for early intervention shall not exceed 90 days.

253B.09 DECISION; STANDARD OF PROOF; DURATION.

Subd. 3.

Financial determination.

The court shall determine the nature and extent of the property of the patient and of the persons who are liable for the patient's care. If the patient is committed to a regional treatment center, the court shall send a copy of the commitment order to the commissioner.

253B.15 PROVISIONAL DISCHARGE; PARTIAL INSTITUTIONALIZATION.

Subd. 11.

Partial institutionalization.

The head of a treatment facility may place any committed person on a status of partial institutionalization. The status shall allow the patient to be absent from the facility for certain fixed periods of time. The head of the facility may terminate the status at any time.

253B.20 DISCHARGE; ADMINISTRATIVE PROCEDURE.

Subd. 7.

Services.

A committed person may at any time after discharge, provisional discharge or partial treatment, apply to the head of the treatment facility within whose district the committed person resides for treatment. The head of the treatment facility, on determining that the applicant requires service, may provide needed services related to mental illness, developmental disability, or chemical dependency to the applicant. The services shall be provided in regional centers under terms and conditions established by the commissioner.