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HF 4395

as introduced - 91st Legislature (2019 - 2020) Posted on 03/11/2020 11:39am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to human services; modifying criteria for discharging civilly committed
patients; amending Minnesota Statutes 2018, sections 253B.18, subdivision 15;
253D.31.

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

Section 1.

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


Subd. 15.

Discharge.

A patient who is mentally ill and dangerous 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 deleted text beginis capable of
making an acceptable adjustment to open society,
deleted text end is no longer dangerous to deleted text beginthe public, anddeleted text end new text begin
self or others or
new text endis no longer in need of treatment deleted text beginanddeleted text endnew text begin ornew text end supervisionnew text begin as a person who is
mentally ill
new text end.

In 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. deleted text beginIf the
desired conditions do not exist, the discharge shall not be granted.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment for
any person committed as mentally ill and dangerous, a sexually dangerous person, or a
person with a sexual psychopathic personality.
new text end

Sec. 2.

Minnesota Statutes 2018, section 253D.31, is amended to read:


253D.31 DISCHARGE.

A person who is committed as a sexually dangerous person or a person with a sexual
psychopathic personality shall not be discharged unless it appears to the satisfaction of the
judicial appeal panel, after a hearing and recommendation by a majority of the special review
board, that the committed person deleted text beginis capable of making an acceptable adjustment to open
society,
deleted text end is no longer dangerous to the public, deleted text beginanddeleted text endnew text begin ornew text end is no longer in need of treatment deleted text beginanddeleted text endnew text begin
or
new text end supervisionnew text begin for a condition that impairs the committed person's ability to control sexual
behavior
new text end.

In determining whether a discharge shall be recommended, the special review board and
judicial appeal panel shall consider whether specific conditions exist to provide a reasonable
degree of protection to the public and to assist the committed person in adjusting to the
community. deleted text beginIf the desired conditions do not exist, the discharge shall not be granted.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment for
any person committed as mentally ill and dangerous, a sexually dangerous person, or a
person with a sexual psychopathic personality.
new text end