HF 3177

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/30/2023 12:01pm

A bill for an act
relating to the attorney general; establishing a Civil Commitment Coordinating
Division; establishing engagement services and outpatient civil commitment grants;
appropriating money; proposing coding for new law in Minnesota Statutes, chapter
8.

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

Section 1.

new text begin [8.37] CIVIL COMMITMENT COORDINATING DIVISION.
new text end

new text begin Subdivision 1. new text end

new text begin Civil Commitment Coordinating Division established. new text end

new text begin There shall be
in the Office of the Attorney General a Civil Commitment Coordinating Division. A civil
commitment coordinator shall be appointed by the attorney general. The civil commitment
coordinator shall perform duties that may lawfully be assigned to the coordinator by the
attorney general or by law.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) The definitions in section 253B.02 apply to this section.
new text end

new text begin (b) For the purposes of this section, "outpatient civil commitment" refers to the option
available to a committing court under section 253B.09, subdivision 1, paragraph (c).
new text end

new text begin (c) For the purposes of this section, "provisional discharge" refers to the option available
to the head of a treatment facility or community-based treatment program under section
253B.09, subdivision 1.
new text end

new text begin Subd. 3. new text end

new text begin Duties of the civil commitment coordinator. new text end

new text begin The civil commitment coordinator
must:
new text end

new text begin (1) establish and continuously maintain the Civil Commitment Advisory Committee;
new text end

new text begin (2) in consultation with the Civil Commitment Advisory Committee, provide best
practices and guidance regarding engagement services, outpatient civil commitment, and
provisional discharge to committing courts, counties, designated agencies, treatment facilities,
and community-based treatment programs;
new text end

new text begin (3) advocate for increased statewide capacity for engagement services, outpatient civil
commitment, and provisional discharge;
new text end

new text begin (4) provide ongoing technical assistance to those at the local and regional level tasked
with monitoring participants civilly committed under chapter 253B;
new text end

new text begin (5) provide guidance on data collection of outcomes related to engagement services,
outpatient civil commitment, and provisional discharge;
new text end

new text begin (6) aggregate and analyze all data submitted by all jurisdictions or either contract with
a third party to perform these tasks or enter into an interagency agreement with the
commissioner of management and budget to utilize the Results First Initiative to perform
these tasks;
new text end

new text begin (7) ensure that any data submitted is treated in accordance with chapter 13;
new text end

new text begin (8) create a public awareness campaign designed to educate the public about the
availability and effectiveness of engagement services;
new text end

new text begin (9) administer diversion study grants under section 8.38; and
new text end

new text begin (10) administer engagement services, outpatient civil commitment, and provisional
discharge grants under section 8.39.
new text end

new text begin Subd. 4. new text end

new text begin Civil Commitment Advisory Committee. new text end

new text begin (a) The attorney general shall
establish the Civil Commitment Advisory Committee. The Civil Commitment Advisory
Committee shall advise the civil commitment coordinator on identification of best practices
regarding engagement services, outpatient civil commitment, and provisional discharge;
development of guidance for implementation of engagement services, outpatient civil
commitment, and provisional discharge; development of data reporting requirements and
standards; identifying outcomes to be measured through data analysis; development of
grading criteria for grant applications; and other topics as determined by the coordinator.
new text end

new text begin (b) The Civil Commitment Advisory Committee must consist of no fewer than 11
members and no more than 20 members. The membership of the committee must include:
new text end

new text begin (1) the attorney general or a designee who is not the civil commitment coordinator;
new text end

new text begin (2) the commissioner of human services or a designee;
new text end

new text begin (3) the commissioner of public safety or a designee;
new text end

new text begin (4) a member representing district court judges, appointed by the attorney general;
new text end

new text begin (5) a member representing district court administrators, appointed by the attorney general;
new text end

new text begin (6) a member representing counties, appointed by the attorney general;
new text end

new text begin (7) a member who was previously civilly committed, appointed by the attorney general;
new text end

new text begin (8) a member who is a parent, sibling, or child of a person currently or previously civilly
committed, appointed by the attorney general;
new text end

new text begin (9) a member who is a person for whom engagement services were successfully provided,
appointed by the attorney general;
new text end

new text begin (10) a member who is a provider of engagement services, appointed by the attorney
general;
new text end

new text begin (11) a member who represents a treatment facility or community-based treatment program
that accepts civilly committed participants, appointed by the attorney general; and
new text end

new text begin (12) up to nine additional members appointed by the attorney general.
new text end

new text begin (c) The attorney general must consult with the commissioner of human services before
making appointments to the committee.
new text end

new text begin (d) The members of the Civil Commitment Advisory Committee serve without
compensation.
new text end

Sec. 2.

new text begin [8.38] DIVERSION STUDY GRANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Diversion study grants. new text end

new text begin The civil commitment coordinator must establish
diversion study grants to provide supplemental funding to counties to study the county's
local behavioral health system capacity to divert people who have a mental illness,
developmental disability, or chemical use disorder away from the justice system and into
treatment.
new text end

new text begin Subd. 2. new text end

new text begin Required uses of funding. new text end

new text begin All grantees must use a portion of awarded funds
as determined by the coordinator to study how people with a mental illness, people with a
developmental disability, and people with substance use disorder come into contact with
and move through the local criminal justice system to identify what resources are available
or needed to divert individuals away from the justice system and to develop a countywide
action plan to increase diversions and successful treatment outcomes.
new text end

Sec. 3.

new text begin [8.39] ENGAGEMENT SERVICES, OUTPATIENT CIVIL COMMITMENT,
AND PROVISIONAL DISCHARGE GRANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Engagement services, outpatient civil commitment, and provisional
discharge grants. new text end

new text begin The civil commitment coordinator must establish engagement services,
outpatient civil commitment, and provisional discharge grants to provide supplemental
funding to counties to expand the county's capacity to provide engagement services under
section 253B.041, outpatient civil commitment under section 253B.09, subdivision 1,
paragraph (c), and provisional discharge under section 253B.15.
new text end

new text begin Subd. 2. new text end

new text begin Required uses of funding. new text end

new text begin All grantees must use a portion as determined by
the coordinator of awarded funds for:
new text end

new text begin (1) outreach to and education of potential engagement services staff, providers, and
community-based treatment programs to encourage their participation in engagement
services;
new text end

new text begin (2) supplement county funding of engagement services, which may include but is not
limited to hiring additional staff for prepetition screening teams, contracting with additional
agencies to provide engagement services, or supplemental funding to mobile crisis teams,
certified peer specialists, community-based treatment programs, and homeless outreach
workers;
new text end

new text begin (3) outreach to potential treatment facilities and community-based treatment programs
to educate and encourage facilities and programs to accept civilly committed participants;
new text end

new text begin (4) supplement county funding of outpatient civil commitment, which may include but
is not limited to supplemental funding to treatment facilities and community-based treatment
programs willing to accept civilly committed participants; and
new text end

new text begin (5) supplement county funding for supervision of and services provided to participants
released on provisional discharge to ensure continuity of care, adherence to the provisional
discharge plan, and to reduce the risk of revocation of provisional discharge.
new text end

new text begin Subd. 3. new text end

new text begin Reporting requirements. new text end

new text begin All grantees must submit to the civil commitment
coordinator deidentified data on each individual receiving engagement services, who is
civilly committed under section 253B.09, subdivision 1, paragraph (c), is accepted by a
treatment facility or community-based treatment program, or is provisionally discharged
under section 253B.15. The deidentified data on each individual must include data on the
individual's adherence to treatment and other information as determined by the coordinator.
new text end

new text begin Subd. 4. new text end

new text begin Evaluation. new text end

new text begin The civil commitment coordinator must evaluate the impact of the
engagement services provided with supplemental funding under this section in increasing
engagement in treatment before initiation of a prepetition screening process under section
253B.07, decreasing admissions to a state-operated treatment program, reducing the
frequency of revocations of provisional discharge, and other measures as determined by the
coordinator.
new text end

Sec. 4. new text begin APPROPRIATION; CIVIL COMMITMENT COORDINATING DIVISION.
new text end

new text begin (a) $....... in fiscal year 2024 and $....... in fiscal year 2025 are appropriated from the
general fund to the attorney general for the Civil Commitment Coordinating Division.
new text end

new text begin (b) Of the amount in paragraph (a), $....... in fiscal year 2024 and $....... in fiscal year
2025 are for one additional staff to serve as the civil commitment coordinator.
new text end

new text begin (c) Of the amount in paragraph (a), $....... in fiscal year 2024 and $....... in fiscal year
2025 are for a contract with a third party or an interagency agreement to provide data analytic
services.
new text end

new text begin (d) Of the amount in paragraph (a), $....... in fiscal year 2024 and $....... in fiscal year
2025 are for a public awareness campaign to educate the public about the availability and
effectiveness of engagement services.
new text end

Sec. 5. new text begin APPROPRIATION; DIVERSION STUDY GRANTS.
new text end

new text begin $....... in fiscal year 2024 and $....... in fiscal year 2025 are appropriated from the general
fund to the attorney general for diversion study grants under Minnesota Statutes, section
8.38.
new text end

Sec. 6. new text begin APPROPRIATION; ENGAGEMENT SERVICES, OUTPATIENT CIVIL
COMMITMENT, AND PROVISIONAL DISCHARGE GRANTS.
new text end

new text begin $....... in fiscal year 2024 and $....... in fiscal year 2025 are appropriated from the general
fund to the attorney general for engagement services, outpatient civil commitment, and
provisional discharge grants under Minnesota Statutes, section 8.39.
new text end