HF 3034

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to human services; creating a mental health fatality review team;
appropriating money.

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

Section 1. new text begin MENTAL HEALTH FATALITY REVIEW TEAM.
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new text begin Subdivision 1. new text end

new text begin Pilot project authorized; purpose. new text end

new text begin The fourth judicial district shall
establish a mental health fatality review team as a 30-month pilot project to review adult
mental health fatalities that have occurred in the district during or after contact with law
enforcement, courts, or corrections systems. Cases will be selected by the mental health
fatality review team for review only after they are closed to any further legal activity
including opportunities for appeal. The purpose of the review team is to analyze adult
mental health related fatalities, review public policies and procedures, and try to prevent
similar future fatalities.
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new text begin Subd. 2. new text end

new text begin Definition of mental health fatality. new text end

new text begin "Mental health fatality" means the
unexpected death of a person with a diagnosed mental illness or the unexpected death
committed by a person with a diagnosed mental illness, where mental illness was a
significant contributing factor in the death.
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new text begin Subd. 3. new text end

new text begin Membership. new text end

new text begin (a) The Mental Health Fatality Advisory Board shall gather
and prepare materials needed by the Mental Health Fatality Review Team to review the
selected cases. The board shall be composed of individuals that reflect a commitment to
diversity and relevant professional experience. The advisory board must include:
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new text begin (1) a county and city attorney and a public defender;
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new text begin (2) a representative from the Hennepin County District Court;
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new text begin (3) a representative from the Office of the Ombudsman from Mental Health and
Mental Retardation;
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new text begin (4) a representative from the Bureau of Criminal Apprehension;
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new text begin (5) a practicing mental health professional;
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new text begin (6) a psychiatrist;
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new text begin (7) a practicing substance abuse treatment professional;
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new text begin (8) a representative from Hennepin County Medical Center knowledgeable about
emergency mental health treatment; and
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new text begin (9) a representative from a mental health advocacy organization.
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new text begin (b) The chief judge, in consultation with the advisory board, shall appoint members
of the mental health fatality review team. Members of the advisory board are members of
the review team. The review team members must include:
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new text begin (1) a representative from the Department of Human Services Mental Health Division;
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new text begin (2) a representative from the county mental health authority;
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new text begin (3) the medical examiner;
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new text begin (4) an emergency medicine physician from Hennepin County Medical Center;
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new text begin (5) an emergency room nurse;
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new text begin (6) a representative from the Hennepin County Mental Health Court;
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new text begin (7) a practicing forensic psychiatrist;
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new text begin (8) a practicing private mental health practitioner;
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new text begin (9) a suicide prevention specialist;
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new text begin (10) a domestic violence specialist;
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new text begin (11) a program staff member providing long-term mental health support services;
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new text begin (12) at least one member from each of two mental health consumer advocacy
organizations;
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new text begin (13) at least two individuals with mental illness who have experience advocating on
mental health issues with an organization whose board includes mental health consumers;
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new text begin (14) a corrections employee from the Hennepin County jail;
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new text begin (15) at least four culturally competent mental health providers from communities
of color and immigrant communities; and
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new text begin (16) a member of the Medical Review Unit from the Office of the Ombudsman for
Mental Health and Developmental Disabilities.
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new text begin (c) The mental health fatality review team may also invite other relevant persons to
serve on an ad hoc basis and participate as full members of the review team for a particular
review. These persons may include, but are not limited to:
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new text begin (1) individuals with particular expertise that would be helpful to the review team; or
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new text begin (2) representatives of organizations or agencies that had contact with or provided
services to the individual who is the subject of the review.
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new text begin Subd. 4. new text end

new text begin Disclosure of records. new text end

new text begin Notwithstanding the data's classification in the
possession of any agency, data shall be disclosed to the mental health fatality review team
as required by the team. The team will maintain the data's classification unchanged.
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new text begin Subd. 5. new text end

new text begin Immunity. new text end

new text begin Members of the mental health fatality review team, when acting
in good faith within the scope of their duties, are immune from civil and criminal liability.
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new text begin Subd. 6. new text end

new text begin Evaluation and report. new text end

new text begin (a) The mental health fatality advisory board shall
be convened by the fourth judicial district by December 31, 2006, and shall develop a
system for evaluating the effectiveness of this pilot project and shall focus on identifiable
goals and outcomes. An evaluation must contain data components as well as input from
individuals involved in the review process.
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new text begin (b) The mental health fatality review team shall be convened by July 1, 2007, and
shall issue two annual reports to the legislature during the pilot project; one on or before
December 31, 2007; and one on or before December 31, 2008. The reports must consist
of the written aggregate recommendations of the mental health fatality advisory review
team without reference to specific cases. The December 31, 2008, report must include
recommendations for legislation. The reports must be available upon request. Reports
must be distributed to the governor, attorney general, supreme court, county board, and the
district court.
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Sec. 2. new text begin APPROPRIATION.
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new text begin $35,000 is appropriated in fiscal year 2007, and $35,000 is appropriated in fiscal year
2008 from the general fund to the commissioner of human services for the purposes in
section 1. The commissioner of human services shall award a grant in the amount specified
in this section to the fourth judicial district to implement the provisions in section 1.
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