Minnesota Legislature
HF 3484
as introduced - 86th Legislature (2009 - 2010) Posted on 03/08/2010 09:57am
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| Introduction | Posted on 03/08/2010 |
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A bill for an act
relating to civil commitment; modifying certain emergency hold provisions;
amending Minnesota Statutes 2008, sections 253B.02, by adding a subdivision;
253B.05, subdivisions 1, 2b, 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2008, section 253B.02, is amended by adding a
subdivision to read:
new text begin Subd. 10a. new text end
new text begin Legal holiday. new text end
new text begin
"Legal holiday" means a holiday under section 645.44,
subdivision 5, or under federal law.
new text end
Sec. 2.
Minnesota Statutes 2008, section 253B.05, subdivision 1, is amended to read:
Subdivision 1.
Emergency hold.
(a) Any person may be admitted or held for
emergency care and treatment in a treatment facility 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 deleted text begin 15deleted text end new text begin tennew text end 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.
Sec. 3.
Minnesota Statutes 2008, section 253B.05, subdivision 2b, is amended to read:
Subd. 2b.
Notice.
Every person held pursuant to this section must be informed in
writing at the time of admission of the right tonew text begin :new text end
new text begin (1) new text end leave after 72 hoursnew text begin or 96 hours if 72 hours falls on a Saturday, Sunday, or a
legal holiday;
new text end
new text begin
(2) be released into the care of a family member after 48 hours
new text end
deleted text begin
,
deleted text end
new text begin
;
new text end
deleted text begin todeleted text end new text begin (3)new text end a medical examination within 48 hoursdeleted text begin , anddeleted text end new text begin ;
new text end
deleted text begin todeleted text end new text begin (4)new text end request a change to voluntary statusnew text begin ;
new text end
new text begin
(5) be provided with a copy of this section if requested; and
new text end
new text begin (6) contest the hold under subdivision 3, paragraph (e)new text end .
The treatment facility shall, upon request, assist the person in exercising the rights
granted in this subdivision.
Sec. 4.
Minnesota Statutes 2008, section 253B.05, subdivision 3, is amended to read:
Subd. 3.
Duration of hold.
(a) Any person held pursuant to this section may be
new text begin involuntarily new text end held up to 72 hoursdeleted text begin ,deleted text end new text begin after admission unless:
new text end
new text begin
(1) a court order to hold the person longer is obtained;
new text end
new text begin
(2) the person agrees to remain longer under voluntary status; or
new text end
new text begin
(3) the exception in paragraph (b) applies.
new text end
new text begin (b) The 72-hour time period for an involuntary hold is determinednew text end exclusive of
Saturdays, Sundays, and legal holidays deleted text begin after admission.deleted text end new text begin so that the treatment facility may
make staffing arrangements necessary to accommodate the release of a person held under
this section on a Saturday, Sunday, or legal holiday. However, a hold may not last more
than 96 hours because of the Saturday, Sunday, or legal holiday.
new text end
new text begin
(c) Except for a judicial hold, and notwithstanding paragraph (e) or other law to the
contrary, after 48 hours, a person held under this section may be released in the care of
a spouse, adult child, or parent for the remaining duration of the 72-hour hold provided
that the danger to the person assuming care is not specifically listed in the examiner's
report under subdivision 1, paragraph (c). The health care facility may issue a statement
disagreeing with a release under this section to accompany the notice required under
paragraph (e), but must release the held person if the person and the person assuming
care consent in writing. Notwithstanding paragraph (g), if a peace or health officer
is subsequently summoned to the location of the held person after release, but before
the expiration of 72 hours for a situation pertaining to the reason for the initial hold, a
subsequent 72-hour hold may be issued and this paragraph shall not apply.
new text end
new text begin (d) new text end If a petition for the commitment of the person is filed in the district court in the
county of the person's residence 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.
deleted text begin (b)deleted text end new text begin (e)new text end During the deleted text begin 72-hourdeleted text end 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. new text begin The person held or someone acting on the behalf of the held
person may file a petition under this paragraph. new text end 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 ordernew text begin and must be
conducted immediatelynew text end . 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.
deleted text begin (c)deleted text end new text begin (f) new text end 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.
deleted text begin (d)deleted text end new text begin (g)new text end If a treatment facility releases a person during the 72-hour hold period, 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.
deleted text begin (e)deleted text end new text begin (h)new text end deleted text begin 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.deleted text end A consecutive
emergency hold order under this section may not be issued.