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HF 3396

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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Current Version - as introduced

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A bill for an act
 relating to civil commitments; modifying and clarifying time requirements for
hearings; providing an exception from prehearing discharge for commitment
petitions involving persons alleged to be mentally ill and dangerous or a sexual
psychopathic personality or sexually dangerous person; amending Minnesota
Statutes 2006, section 253B.08, subdivision 1.

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

Section 1.

Minnesota Statutes 2006, section 253B.08, subdivision 1, is amended to read:


Subdivision 1.

Time for commitment hearing.

new text begin (a) new text end 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 253B.185 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.

new text begin (b) If a patient is being held in a treatment facility pursuant to a court order, new text end the
deleted text begin proposeddeleted text end patient, or the head of the treatment facility in which the deleted text begin persondeleted text end new text begin patient new 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, Sundays
and legal holidays, the deleted text begin petitiondeleted text end new text begin patient new text end shall be deleted text begin automaticallydeleted text end discharged deleted text begin if the patient
is being held in a treatment facility pursuant to court orderdeleted text end new text begin from the treatment facilitynew text end .
For good cause shown, the court may extend the time of hearing on the demand for an
additional ten days.new text begin This paragraph does not apply to a commitment petition brought
under section 253B.18 or 253B.185.
new text end