4th Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to civil commitment; clarifying and 1.3 reorganizing portions of the commitment act; allowing 1.4 the designated agency to consent to voluntary 1.5 treatment for certain incompetent persons; creating a 1.6 new standard for court-ordered early intervention to 1.7 provide less intrusive treatment; modifying standards 1.8 and procedures for the administration of neuroleptic 1.9 medications; providing for access to records; amending 1.10 the provisional discharge procedures; requiring 1.11 medical documentation of a patient's refusal to be 1.12 examined and allowing determination of need for 1.13 treatment based on other information; prohibiting 1.14 prepetition screeners from filing commitment 1.15 petitions; limiting use of prepetition screening 1.16 reports in unrelated proceedings; requiring 1.17 distribution to specified parties; increasing time for 1.18 return after provisional discharge; modifying 1.19 provisions governing special review boards; increasing 1.20 time for hearing appeals; changing provisions for 1.21 state liens for cost of care; amending Minnesota 1.22 Statutes 1996, sections 13.42, subdivisions 2 and 3; 1.23 55.10, subdivision 4; 246B.01, subdivisions 3 and 4; 1.24 253B.01; 253B.02, subdivisions 2, 4, 4a, 7, 9, 13, 14, 1.25 15, 18, 18a, 18b, and by adding subdivisions; 253B.03, 1.26 subdivisions 1, 2, 3, 4, 5, 6, 6b, 7, 8, and by adding 1.27 a subdivision; 253B.04; 253B.05, subdivisions 1, 2, 3, 1.28 4, and by adding a subdivision; 253B.06; 253B.07, 1.29 subdivisions 1, 2, 2a, 3, 4, 5, 7, and by adding 1.30 subdivisions; 253B.08, subdivisions 1, 2, 3, 5, and by 1.31 adding subdivisions; 253B.09, subdivisions 1, 2, 3, 5, 1.32 and by adding a subdivision; 253B.095; 253B.10; 1.33 253B.11, subdivision 2, and by adding a subdivision; 1.34 253B.12, subdivisions 1, 3, 4, and by adding a 1.35 subdivision; 253B.13, subdivisions 1 and 2; 253B.14; 1.36 253B.15, subdivisions 1, 1a, 2, 3, 5, 10, and by 1.37 adding subdivisions; 253B.16, subdivision 1; 253B.17, 1.38 subdivisions 1 and 3; 253B.18, subdivisions 1, 2, 3, 1.39 4, 4a, 4b, 5, 6, 7, 9, 12, 14, 15, and by adding a 1.40 subdivision; 253B.185, subdivision 4; 253B.19, 1.41 subdivisions 1, 2, 3, and 5; 253B.20, subdivisions 1, 1.42 3, 4, 6, and 7; 253B.21, subdivision 4; 253B.22, 1.43 subdivision 1; 253B.23, subdivisions 1, 4, 6, 7, and 1.44 9; 256.015, subdivisions 1, 2, and 4; 256B.042, 1.45 subdivisions 1, 2, and 4; 256B.37, subdivision 1; 1.46 514.71; 514.980, subdivision 2; 514.981, subdivision 2.1 2; 514.982, subdivisions 1 and 2; 514.985; 524.1-201; 2.2 524.3-801; 524.3-1004; 524.3-1201; and 524.6-207; 2.3 proposing coding for new law in Minnesota Statutes, 2.4 chapter 253B; repealing Minnesota Statutes 1996, 2.5 sections 253B.03, subdivisions 6c and 9; 253B.05, 2.6 subdivisions 2a and 5; 253B.07, subdivision 6; 2.7 253B.08, subdivisions 4 and 6; 253B.091; 253B.12, 2.8 subdivisions 5 and 8; 253B.13, subdivision 3; 253B.15, 2.9 subdivisions 4 and 6; 253B.18, subdivision 4; 253B.21, 2.10 subdivision 5; and 253B.23, subdivision 1a. 2.11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.12 ARTICLE 1 2.13 CIVIL COMMITMENT 2.14 Section 1. Minnesota Statutes 1996, section 13.42, 2.15 subdivision 2, is amended to read: 2.16 Subd. 2. [PUBLIC HOSPITALS; DIRECTORY INFORMATION.] (a) 2.17 During the time that a person is a patient in a hospital 2.18 operated by a state agency or political subdivisionpursuant2.19tounder legal commitment, directory information is public 2.20 data. After the person is released by termination of the 2.21 person's legal commitment, the directory information is private 2.22 data on individuals. 2.23 (b) If a person is a patient other than pursuant to 2.24 commitment in a hospital controlled by a state agency or 2.25 political subdivision, directory information is public data 2.26 unless the patient requests otherwise, in which case it is 2.27 private data on individuals. 2.28 (c) Directory information about an emergency patient who is 2.29 unable to communicate which is public under this subdivision 2.30 shall not be released until a reasonable effort is made to 2.31 notify the next of kin. Although an individual has requested 2.32 that directory information be private, the hospital may release 2.33 directory information to a law enforcement agency pursuant to a 2.34 lawful investigation pertaining to that individual. 2.35 Sec. 2. Minnesota Statutes 1996, section 13.42, 2.36 subdivision 3, is amended to read: 2.37 Subd. 3. [CLASSIFICATION OF MEDICAL DATA.] Unless the data 2.38 is summary data or a statute specifically provides a different 2.39 classification, medical data are private but are available only 2.40 to the subject of the data as provided in section 144.335, and 3.1 shall not be disclosed to others except: 3.2 (a) Pursuant to section 13.05; 3.3 (b) Pursuant to section253B.03, subdivision 6c253B.0921; 3.4 (c) Pursuant to a valid court order; 3.5 (d) To administer federal funds or programs; 3.6 (e) To the surviving spouse, parents, children, and 3.7 siblings of a deceased patient or client or, if there are no 3.8 surviving spouse, parents, children, or siblings, to the 3.9 surviving heirs of the nearest degree of kindred; 3.10 (f) To communicate a patient's or client's condition to a 3.11 family member or other appropriate person in accordance with 3.12 acceptable medical practice, unless the patient or client 3.13 directs otherwise; or 3.14 (g) As otherwise required by law. 3.15 Sec. 3. Minnesota Statutes 1996, section 246B.01, 3.16 subdivision 3, is amended to read: 3.17 Subd. 3. [SEXUAL PSYCHOPATHIC PERSONALITY.] "Sexual 3.18 psychopathic personality" has the meaning given in section 3.19 253B.02, subdivision18a18b. 3.20 Sec. 4. Minnesota Statutes 1996, section 246B.01, 3.21 subdivision 4, is amended to read: 3.22 Subd. 4. [SEXUALLY DANGEROUS PERSON.] "Sexually dangerous 3.23 person" has the meaning given in section 253B.02, 3.24 subdivision18b18c. 3.25 Sec. 5. Minnesota Statutes 1996, section 253B.01, is 3.26 amended to read: 3.27 253B.01 [CITATION.] 3.28 This chapter may be cited as the "Minnesota commitment and 3.29 treatment actof 1982." 3.30 Sec. 6. Minnesota Statutes 1996, section 253B.02, 3.31 subdivision 2, is amended to read: 3.32 Subd. 2. [CHEMICALLY DEPENDENT PERSON.] "Chemically 3.33 dependent person" means any person (a) determined as being 3.34 incapable of self-management or management of personal affairs 3.35 by reason of the habitual and excessive use of alcoholor, 3.36 drugs, or other mind-altering substances; and (b) whose recent 4.1 conduct as a result of habitual and excessive use of alcoholor, 4.2 drugs, or other mind-altering substances poses a substantial 4.3 likelihood of physical harm to self or others as demonstrated by 4.4 (i) a recent attempt or threat to physically harm self or 4.5 others, (ii) evidence of recent serious physical problems, or 4.6 (iii) a failure to obtain necessary food, clothing, shelter, or 4.7 medical care. "Chemically dependent person" also means a 4.8 pregnant woman who has engaged during the pregnancy in habitual 4.9 or excessive use, for a nonmedical purpose, of any of the 4.10 following controlled substances or their derivatives: cocaine, 4.11 heroin, phencyclidine, methamphetamine, or amphetamine. 4.12 Sec. 7. Minnesota Statutes 1996, section 253B.02, 4.13 subdivision 4, is amended to read: 4.14 Subd. 4. [COMMITTING COURT.] "Committing court" means 4.15court or,the district court where a petition for commitment was 4.16 decided. In a case where commitment proceedings are 4.17 commencedin response tofollowing an acquittal of a crime or 4.18 offense under section 611.026, "committing court" means 4.19 the district court in which the acquittal took place. 4.20 Sec. 8. Minnesota Statutes 1996, section 253B.02, 4.21 subdivision 4a, is amended to read: 4.22 Subd. 4a. [CRIME AGAINST THE PERSON.] "Crime against the 4.23 person" means a violation of or attempt to violate any of the 4.24 following provisions: sections 609.185 (murder in the first 4.25 degree); 609.19 (murder in the second degree); 609.195 (murder 4.26 in the third degree); 609.20 (manslaughter in the first degree); 4.27 609.205 (manslaughter in the second degree); 609.21 (criminal 4.28 vehicular homicide and injury); 609.215 (suicide); 4.29 609.221 (assault in the first degree); 609.222 (assault in the 4.30 second degree); 609.223 (assault in the third degree); 4.31 609.224 (assault in the fifth degree); 609.2242 (domestic 4.32 assault); 609.23 (mistreatment of persons confined); 4.33 609.231 (mistreatment of residents or patients); 4.34 609.2325 (criminal abuse); 609.233 (criminal neglect); 4.35 609.2335 (financial exploitation of a vulnerable adult); 4.36 609.235 (use of drugs to injure or facilitate crime); 5.1 609.24 (simple robbery); 609.245 (aggravated robbery); 5.2 609.25 (kidnapping); 609.255 (false imprisonment); 5.3 609.265 (abduction); 609.27, subdivision 1, clause (1) or 5.4 (2) (coercion); 609.28 (interfering with religious observance) 5.5 if violence or threats of violence were used; 609.322, 5.6 subdivision 1, clause (2) (solicitation); 609.342 (criminal 5.7 sexual conduct in the first degree); 609.343 (criminal sexual 5.8 conduct in the second degree); 609.344 (criminal sexual conduct 5.9 in the third degree); 609.345 (criminal sexual conduct in the 5.10 fourth degree); 609.365 (incest); 609.498, subdivision 5.11 1 (tampering with a witness); 609.50, clause (1) (obstructing 5.12 legal process, arrest, and firefighting); 609.561 (arson in the 5.13 first degree); 609.562 (arson in the second degree); 609.595 5.14 (damage to property); and 609.72, subdivision 3 (disorderly 5.15 conduct by a caregiver). 5.16 Sec. 9. Minnesota Statutes 1996, section 253B.02, 5.17 subdivision 7, is amended to read: 5.18 Subd. 7. [EXAMINER.] "Examiner" means a person who is 5.19 knowledgeable, trained, and practicing in the diagnosis and 5.20 treatment of the alleged impairment and who is: 5.21 (1) a licensed physician; or 5.22 (2) a licensed psychologist who has a doctoral degree in 5.23 psychology or who becamelicensed asa licensed consulting 5.24 psychologist before July 2, 1975. 5.25 Sec. 10. Minnesota Statutes 1996, section 253B.02, 5.26 subdivision 9, is amended to read: 5.27 Subd. 9. [HEALTH OFFICER.] "Health officer" means a 5.28 licensed physician, licensed psychologist,psychiatriclicensed 5.29 social worker, or psychiatric or public health nurse as defined 5.30 in section 145A.02, subdivision 18, and formally designated 5.31 members of a prepetition screening unit established by section 5.32 253B.07. 5.33 Sec. 11. Minnesota Statutes 1996, section 253B.02, is 5.34 amended by adding a subdivision to read: 5.35 Subd. 12a. [MENTAL ILLNESS.] "Mental illness" has the 5.36 meaning given in section 245.462, subdivision 20. 6.1 Sec. 12. Minnesota Statutes 1996, section 253B.02, 6.2 subdivision 13, is amended to read: 6.3 Subd. 13. [MENTALLY ILL PERSON.] (a) "Mentally ill person" 6.4 means any person who has an organic disorder of the brain or a 6.5 substantial psychiatric disorder of thought, mood, perception, 6.6 orientation, or memory which grossly impairs judgment, behavior, 6.7 capacity to recognize reality, or to reason or understand, which 6.8(a)is manifested by instances of grossly disturbed behavior or 6.9 faulty perceptions;and(b)poses a substantial likelihood of 6.10 physical harm to self or others as demonstrated by: 6.11(i)(1) a failure to obtain necessary food, clothing, 6.12 shelter, or medical care as a result of the impairment,; or 6.13(ii)(2) a recent attempt or threat to physically harm self 6.14 or others. 6.15This impairment excludes(b) A person is not mentally ill 6.16 under this section if the impairment is solely due to: 6.17(a)(1) epilepsy,; 6.18(b)(2) mental retardation,; 6.19(c)(3) brief periods of intoxication caused by alcoholor, 6.20 drugs, or other mind-altering substances; or 6.21(d)(4) dependence upon or addiction to any alcoholor, 6.22 drugs, or other mind-altering substances. 6.23 Sec. 13. Minnesota Statutes 1996, section 253B.02, 6.24 subdivision 14, is amended to read: 6.25 Subd. 14. [MENTALLY RETARDED PERSON.] "Mentally retarded 6.26 person" means any person: (a) who has been diagnosed as having 6.27 significantly subaverage intellectual functioning existing 6.28 concurrently with demonstrated deficits in adaptive behavior and 6.29 who manifests these conditions prior to the person's 22nd 6.30 birthday; and (b) whose recent conduct is a result of mental 6.31 retardation and poses a substantial likelihood of physical harm 6.32 to self or others in that there has been (i) a recent attempt or 6.33 threat to physically harm self or others, or (ii) a failure and 6.34 inability to obtain necessary food, clothing, shelter, safety, 6.35 or medical care. 6.36 Sec. 14. Minnesota Statutes 1996, section 253B.02, 7.1 subdivision 15, is amended to read: 7.2 Subd. 15. [PATIENT.] "Patient" means any person who is 7.3institutionalizedreceiving treatment or committed under this 7.4 chapter. 7.5 Sec. 15. Minnesota Statutes 1996, section 253B.02, 7.6 subdivision 18, is amended to read: 7.7 Subd. 18. [REGIONAL TREATMENT CENTER.] "Regional treatment 7.8 center" means any state operated facility for mentally ill, 7.9 mentally retarded or chemically dependent persons which is under 7.10 the direct administrative authority of the commissioner. 7.11 Sec. 16. Minnesota Statutes 1996, section 253B.02, is 7.12 amended by adding a subdivision to read: 7.13 Subd. 18a. [SECURE TREATMENT FACILITY.] "Secure treatment 7.14 facility" means the Minnesota security hospital or the Minnesota 7.15 sexual psychopathic personality treatment center. 7.16 Sec. 17. Minnesota Statutes 1996, section 253B.02, 7.17 subdivision 18a, is amended to read: 7.18 Subd.18a.18b. [SEXUAL PSYCHOPATHIC PERSONALITY.] "Sexual 7.19 psychopathic personality" means the existence in any person of 7.20 such conditions of emotional instability, or impulsiveness of 7.21 behavior, or lack of customary standards of good judgment, or 7.22 failure to appreciate the consequences of personal acts, or a 7.23 combination of any of these conditions, which render the person 7.24 irresponsible for personal conduct with respect to sexual 7.25 matters, if the person has evidenced, by a habitual course of 7.26 misconduct in sexual matters, an utter lack of power to control 7.27 the person's sexual impulses and, as a result, is dangerous to 7.28 other persons. 7.29 Sec. 18. Minnesota Statutes 1996, section 253B.02, 7.30 subdivision 18b, is amended to read: 7.31 Subd.18b.18c. [SEXUALLY DANGEROUS PERSON.] (a) A 7.32 "sexually dangerous person" means a person who: 7.33 (1) has engaged in a course of harmful sexual conduct as 7.34 defined in subdivision 7a; 7.35 (2) has manifested a sexual, personality, or other mental 7.36 disorder or dysfunction; and 8.1 (3) as a result, is likely to engage in acts of harmful 8.2 sexual conduct as defined in subdivision 7a. 8.3 (b) For purposes of this provision, it is not necessary to 8.4 prove that the person has an inability to control the person's 8.5 sexual impulses. 8.6 Sec. 19. Minnesota Statutes 1996, section 253B.03, 8.7 subdivision 1, is amended to read: 8.8 Subdivision 1. [RESTRAINTS.] (a) A patient has the right 8.9 to be free from restraints. Restraints shall not be applied to 8.10 a patient unless the head of the treatment facility or a member 8.11 of the medical staff determines that they are necessary for the 8.12 safety of the patient or others. 8.13 (b) Restraints shall not be applied to patients with mental 8.14 retardation except as permitted under section 245.825 and rules 8.15 of the commissioner of human services. Consent must be obtained 8.16 from the person or person's guardian except for emergency 8.17 procedures as permitted under rules of the commissioner adopted 8.18 under section 245.825. 8.19 (c) Each use of a restraint and reason for it shall be made 8.20 part of the clinical record of the patient under the signature 8.21 of the head of the treatment facility. 8.22 Sec. 20. Minnesota Statutes 1996, section 253B.03, 8.23 subdivision 2, is amended to read: 8.24 Subd. 2. [CORRESPONDENCE.] A patient has the right to 8.25 correspond freely without censorship. The head of the treatment 8.26 facility may restrict correspondenceon determining that theif 8.27 the patient's medical welfareof the patientrequiresitthis 8.28 restriction. For patients in regionalfacilitiestreatment 8.29 centers, that determination may be reviewed by the 8.30 commissioner. Any limitation imposed on the exercise of a 8.31 patient's correspondence rights and the reason for it shall be 8.32 made a part of the clinical record of the patient. Any 8.33 communication which is not delivered to a patient shall be 8.34 immediately returned to the sender. 8.35 Sec. 21. Minnesota Statutes 1996, section 253B.03, 8.36 subdivision 3, is amended to read: 9.1 Subd. 3. [VISITORS AND PHONE CALLS.] Subject to the 9.2 general rules of the treatment facility, a patient has the right 9.3 to receive visitors and make phone calls. The head of the 9.4 treatment facility may restrict visits and phone calls on 9.5 determining that the medical welfare of the patient requires 9.6 it. Any limitation imposed on the exercise of the patient's 9.7 visitation and phone call rights and the reason for it shall be 9.8 made a part of the clinical record of the patient.Upon9.9admission to a facility where federal law prohibits unauthorized9.10disclosure of patient or resident identifying information to9.11callers and visitors, the patient or resident, or the legal9.12guardian or conservator of the patient or resident, shall be9.13given the opportunity to authorize disclosure of the patient's9.14or resident's presence in the facility to callers and visitors9.15who may seek to communicate with the patient or resident. To9.16the extent possible, the legal guardian or conservator of a9.17patient or resident shall consider the opinions of the patient9.18or resident regarding the disclosure of the patient's or9.19resident's presence in the facility.9.20 Sec. 22. Minnesota Statutes 1996, section 253B.03, 9.21 subdivision 4, is amended to read: 9.22 Subd. 4. [SPECIAL VISITATION; RELIGION.] A patient has the 9.23 right to meet with or call a personal physician, spiritual 9.24 advisor, and counsel at all reasonable times.Upon admission to9.25a facility where federal law prohibits unauthorized disclosure9.26of patient or resident identifying information to callers and9.27visitors, the patient or resident, or the legal guardian or9.28conservator of the patient or resident, shall be given the9.29opportunity to authorize disclosure of the patient's or9.30resident's presence in the facility to callers and visitors who9.31may seek to communicate with the patient or resident. To the9.32extent possible, the legal guardian or conservator of a patient9.33or resident shall consider the opinions of the patient or9.34resident regarding the disclosure of the patient's or resident's9.35presence in the facility.The patient has the right to continue 9.36 the practice of religion. 10.1 Sec. 23. Minnesota Statutes 1996, section 253B.03, is 10.2 amended by adding a subdivision to read: 10.3 Subd. 4a. [DISCLOSURE OF PATIENT'S ADMISSION.] Upon 10.4 admission to a facility where federal law prohibits unauthorized 10.5 disclosure of patient or resident identifying information to 10.6 callers and visitors, the patient or resident, or the legal 10.7 guardian or conservator of the patient or resident, shall be 10.8 given the opportunity to authorize disclosure of the patient's 10.9 or resident's presence in the facility to callers and visitors 10.10 who may seek to communicate with the patient or resident. To 10.11 the extent possible, the legal guardian or conservator of a 10.12 patient or resident shall consider the opinions of the patient 10.13 or resident regarding the disclosure of the patient's or 10.14 resident's presence in the facility. 10.15 Sec. 24. Minnesota Statutes 1996, section 253B.03, 10.16 subdivision 5, is amended to read: 10.17 Subd. 5. [PERIODIC ASSESSMENT.] A patient has the right to 10.18 periodic medical assessment. Thehead of atreatment facility 10.19 shallhaveassess the physical and mental condition of every 10.20 patientassessedas frequently as necessary, but not less often 10.21 than annually. If the patient refuses to be examined, the 10.22 facility shall document in the patient's chart its attempts to 10.23 examine the patient. If a person is committed as mentally 10.24 retarded for an indeterminate period of time, the three-year 10.25 judicial review must include the annual reviews for each year as 10.26 outlined in Minnesota Rules, part 9525.0075, subpart 6. 10.27 Sec. 25. Minnesota Statutes 1996, section 253B.03, 10.28 subdivision 6, is amended to read: 10.29 Subd. 6. [CONSENT FOR MEDICAL PROCEDURE.] A patient has 10.30 the right to prior consent to any medical or surgical treatment, 10.31 other than treatment for chemical dependency or nonintrusive 10.32 treatment for mental illness. 10.33 The following procedures shall be used to obtain consent 10.34 for any treatment necessary to preserve the life or health of 10.35 any committed patient: 10.36 (a) The written, informed consent of a competent adult 11.1 patient for the treatment is sufficient. 11.2 (b) If the patient is subject to guardianship or 11.3 conservatorship which includes the provision of medical care, 11.4 the written, informed consent of the guardian or conservator for 11.5 the treatment is sufficient. 11.6 (c) If the head of the treatment facility determines that 11.7 the patient is not competent to consent to the treatment and the 11.8 patient has not been adjudicated incompetent, written, informed 11.9 consent for the surgery or medical treatment shall be obtained 11.10 from the nearest proper relative. For this purpose, the 11.11 following persons are proper relatives, in the order listed: 11.12 the patient's spouse, parent, adult child, or adult sibling. If 11.13 the nearest proper relatives cannot be locatedor, refuse to 11.14 consent to the procedure, or are unable to consent, the head of 11.15 the treatment facility or an interested person may petition the 11.16 committing court for approval for the treatment or may petition 11.17 a court of competent jurisdiction for the appointment of a 11.18 guardian or conservator. The determination that the patient is 11.19 not competent, and the reasons for the determination, shall be 11.20 documented in the patient's clinical record. 11.21 (d) Consent to treatment of any minor patient shall be 11.22 secured in accordance with sections 144.341 to 144.346, except11.23that. A minor 16 years of age or older maygive validconsent 11.24forto hospitalization, routine diagnostic evaluation, and 11.25 emergency or short-term acute care. 11.26 (e) In the case of an emergency when the persons ordinarily 11.27 qualified to give consent cannot be located, the head of the 11.28 treatment facility may give consent. 11.29 No person who consents to treatment pursuant to the 11.30 provisions of this subdivision shall be civilly or criminally 11.31 liable for the performance or the manner of performing the 11.32 treatment. No person shall be liable for performing treatment 11.33 without consent if written, informed consent was given pursuant 11.34 to this subdivision. This provision shall not affect any other 11.35 liability which may result from the manner in which the 11.36 treatment is performed. 12.1 Sec. 26. Minnesota Statutes 1996, section 253B.03, 12.2 subdivision 6b, is amended to read: 12.3 Subd. 6b. [CONSENT FOR MENTAL HEALTH TREATMENT.] A 12.4 competent person admittedwithout commitmentvoluntarily to a 12.5 treatment facility may be subjected to intrusive mental health 12.6 treatment only with the person's written informed consent. For 12.7 purposes of this section, "intrusive mental health treatment" 12.8 means electroshock therapy and neuroleptic medication and does 12.9 not include treatment for mental retardation. An incompetent 12.10 person who has prepared a directive under subdivision 6d 12.11 regarding treatment with intrusive therapies must be treated in 12.12 accordance with this section, except in cases of emergencies. 12.13 Sec. 27. Minnesota Statutes 1996, section 253B.03, 12.14 subdivision 7, is amended to read: 12.15 Subd. 7. [PROGRAM PLAN.] A person receiving services under 12.16 this chapter has the right to receive proper care and treatment, 12.17 best adapted, according to contemporary professional standards, 12.18 to rendering furthercustody, institutionalization , or other12.19servicescourt supervision unnecessary. The treatment facility 12.20 shall devise a written program plan for each person which 12.21 describes in behavioral terms the case problems, the precise 12.22 goals, including the expected period of time for treatment, and 12.23 the specific measures to be employed. Each plan shall be 12.24 reviewed at least quarterly to determine progress toward the 12.25 goals, and to modify the program plan as necessary. The program 12.26 plan shall be devised and reviewed with the designated agency 12.27 and with the patient. The clinical record shall reflect the 12.28 program plan review. If the designated agency or the patient 12.29 does not participate in the planning and review, the clinical 12.30 record shall include reasons for nonparticipation and the plans 12.31 for future involvement. The commissioner shall monitor the 12.32 program plan and review process for regional centers to insure 12.33 compliance with the provisions of this subdivision. 12.34 Sec. 28. Minnesota Statutes 1996, section 253B.03, 12.35 subdivision 8, is amended to read: 12.36 Subd. 8. [MEDICAL RECORDS.] A patient has the right to 13.1 access to personal medical records. Notwithstanding the 13.2 provisions of section 144.335, subdivision 2, every person 13.3 subject to a proceeding or receiving services pursuant to this 13.4 chapter and the patient's attorney shall have complete access to 13.5 all medical records relevant to the person's commitment. A 13.6 provider may require an attorney to provide evidence of 13.7 representation of the patient or an authorization signed by the 13.8 patient. 13.9 Sec. 29. Minnesota Statutes 1996, section 253B.04, is 13.10 amended to read: 13.11 253B.04 [INFORMALVOLUNTARY TREATMENT AND ADMISSION 13.12 PROCEDURES.] 13.13 Subdivision 1. [VOLUNTARY ADMISSION AND 13.14 TREATMENT.]InformalVoluntary admissionby consentis preferred 13.15 over involuntary commitment and treatment. Any person 16 years 13.16 of age or older may request to be admitted to a treatment 13.17 facility asan informala voluntary patient for observation, 13.18 evaluation, diagnosis, care and treatment without making formal 13.19 written application. Any person under the age of 16 years may 13.20 be admitted asan informala voluntary patient with the consent 13.21 of a parent or legal guardian if it is determined by independent 13.22 examination that there is reasonable evidence that (a) the 13.23 proposed patient is mentally ill, mentally retarded, or 13.24 chemically dependent; and (b) the proposed patient is suitable 13.25 for treatment. The head of the treatment facility shall not 13.26 arbitrarily refuse any person seeking admission asan informala 13.27 voluntary patient. 13.28 Subd. 1a. [VOLUNTARY TREATMENT OR ADMISSION FOR PERSONS 13.29 WITH MENTAL ILLNESS.] (a) A person with a mental illness may 13.30 seek or voluntarily agree to accept treatment or admission to a 13.31 facility. If the mental health provider determines that the 13.32 person lacks the capacity to give informed consent for the 13.33 treatment or admission, and in the absence of a durable power of 13.34 attorney for health care that authorizes consent, the designated 13.35 agency or its designee may give informed consent for mental 13.36 health treatment or admission to a treatment facility on behalf 14.1 of the person. 14.2 (b) The designated agency shall apply the following 14.3 criteria in determining the person's ability to give informed 14.4 consent: 14.5 (1) whether the person demonstrates an awareness of the 14.6 person's illness, and the reasons for treatment, its risks, 14.7 benefits and alternatives, and the possible consequences of 14.8 refusing treatment; and 14.9 (2) whether the person communicates verbally or nonverbally 14.10 a clear choice concerning treatment that is a reasoned one, not 14.11 based on delusion, even though it may not be in the person's 14.12 best interests. 14.13 (c) The basis for the designated agency's decision that the 14.14 person lacks the capacity to give informed consent for treatment 14.15 or admission, and that the patient has voluntarily accepted 14.16 treatment or admission, must be documented in writing. 14.17 (d) A mental health provider that provides treatment in 14.18 reliance on the written consent given by the designated agency 14.19 under this subdivision is not civilly or criminally liable for 14.20 performing treatment without consent. This paragraph does not 14.21 affect any other liability that may result from the manner in 14.22 which the treatment is performed. 14.23 (e) A person who receives treatment or is admitted to a 14.24 facility under this subdivision has the right to refuse 14.25 treatment at any time or to be released from a facility as 14.26 provided under subdivision 2. The person or any interested 14.27 person acting on the person's behalf may seek court review 14.28 within five days for a determination of whether the person's 14.29 agreement to accept treatment or admission is voluntary. At the 14.30 time a person agrees to treatment or admission to a facility 14.31 under this subdivision, the designated agency or its designee 14.32 shall inform the person in writing of the person's rights under 14.33 this paragraph. 14.34 (f) This subdivision does not authorize the administration 14.35 of neuroleptic medications. Neuroleptic medications may be 14.36 administered only as provided in section 253B.092. 15.1 Subd. 2. [RELEASE.] Every patient admitted for mental 15.2 illness or mental retardation under this section shall be 15.3 informed in writing at the time of admission that the patient 15.4 has a right to leave the facility within 12 hours of making a 15.5 request, unless held under another provision of this chapter. 15.6 Every patient admitted for chemical dependency under this 15.7 section shall be informed in writing at the time of admission 15.8 that the patient has a right to leave the facility within 72 15.9 hours, exclusive of Saturdays, Sundays and holidays, of making a 15.10 request, unless held under another provision of this chapter. 15.11 The request shall be submitted in writing to the head of the 15.12 treatment facility or the person's designee.On deeming it to15.13be in the best interest of the person, the person's family, or15.14the public, the head of the treatment facility shall petition15.15for the commitment of the person pursuant to section 253B.07.15.16 Sec. 30. Minnesota Statutes 1996, section 253B.05, 15.17 subdivision 1, is amended to read: 15.18 Subdivision 1. [EMERGENCY HOLD.] (a) Any person may be 15.19 admitted or held for emergency care and treatment in a treatment 15.20 facility with the consent of the head of the treatment facility 15.21 upon a written statement by an examiner that: (1) the examiner 15.22 has examined the person not more than 15 days prior to 15.23 admission, (2) the examiner is of the opinion, for stated 15.24 reasons, that the person is mentally ill, mentally retarded or 15.25 chemically dependent, and is in imminent danger of causing 15.26 injury to self or others if not immediately restrained, and (3) 15.27 an order of the court cannot be obtained in time to prevent the 15.28 anticipated injury. 15.29 (b) The examiner's statement shall be: (1) sufficient 15.30 authority for a peace or health officer to transport a patient 15.31 to a treatment facility, (2) stated in behavioral terms and not 15.32 in conclusory language, and (3) of sufficient specificity to 15.33 provide an adequate record for review. If imminent danger to 15.34 specific individuals is a basis for the emergency hold, the 15.35 statement mustinclude identifying information onidentify those 15.36 individuals, to the extent practicable. A copy of 16.1 the examiner's statement shall be personally served on the 16.2 person immediately upon admission. A copy of the statementand 16.3 a copy shall be maintained by the treatment facility. 16.4 Sec. 31. Minnesota Statutes 1996, section 253B.05, 16.5 subdivision 2, is amended to read: 16.6 Subd. 2. [PEACE OR HEALTH OFFICERHOLDAUTHORITY.] (a) A 16.7 peace or health officer may take a person into custody and 16.8 transport the person to a licensed physician or treatment 16.9 facility if the officer has reason to believe, either through 16.10 direct observation of the person's behavior, or upon reliable 16.11 information of the person's recent behavior and knowledge of the 16.12 person's past behavior or psychiatric treatment, that the person 16.13 is mentally ill or mentally retarded and in imminent danger of 16.14 injuring self or others if not immediately restrained. A peace 16.15 or health officer or a person working under such officer's 16.16 supervision, may take a person who is believed to be chemically 16.17 dependent or is intoxicated in public into custody and transport 16.18 the person to a treatment facility. If the person is 16.19 intoxicated in public or is believed to be chemically dependent 16.20 and is not in danger of causing self-harm or harm to any person 16.21 or property, the peace or health officer may transport the 16.22 person home. The peace or health officer shall make written 16.23 application for admission of the person toathe treatment 16.24 facilityshall be made by the peace or health officer. The 16.25 application shall containathe peace or health officer's 16.26 statementgiven by the peace or health officerspecifying the 16.27 reasons for and circumstances under which the person was taken 16.28 into custody. If imminent danger to specific individuals is a 16.29 basis for the emergency hold, the statement must include 16.30 identifying information on those individuals, to the extent 16.31 practicable. A copy of the statement shall be made available to 16.32 the person taken into custody. 16.33 (b) As far as is practicable, a peace officer who provides 16.34 transportation for a person placed in a facility under this 16.35 subdivision may not be in uniform and may not use a vehicle 16.36 visibly marked as a law enforcement vehicle. 17.1 (c) A person may be admitted to a treatment facility for 17.2 emergency care and treatment under this subdivision with the 17.3 consent of the head of the facility under the following 17.4 circumstances: (1) a written statement is made by the medical 17.5 officer on duty at the facility that after preliminary 17.6 examination the person has symptoms of mental illness or mental 17.7 retardation and appears to be in imminent danger of harming self 17.8 or others; or,(2) a written statement is made by the 17.9 institution program director or the director's designee on duty 17.10 at the facilitythatafter preliminary examination that the 17.11 person has symptoms of chemical dependency and appears to be in 17.12 imminent danger of harming self or others or is intoxicated in 17.13 public. 17.14 Sec. 32. Minnesota Statutes 1996, section 253B.05, is 17.15 amended by adding a subdivision to read: 17.16 Subd. 2b. [NOTICE.] Every person held pursuant to this 17.17 section must be informed in writing at the time of admission of 17.18 the right to leave after 72 hours, to a medical examination 17.19 within 48 hours, and to request a change to voluntary status. 17.20 The treatment facility shall, upon request, assist the person in 17.21 exercising the rights granted in this subdivision. 17.22 Sec. 33. Minnesota Statutes 1996, section 253B.05, 17.23 subdivision 3, is amended to read: 17.24 Subd. 3. [DURATION OF HOLD.] (a) Any person held pursuant 17.25 to this section may be held up to 72 hours, exclusive of 17.26 Saturdays, Sundays, and legal holidays,after admissionunless. 17.27 If a petition for the commitment of the personhas beenis filed 17.28 in the district courtofin the county of the person's residence 17.29 or of the county in which the treatment facility is locatedand, 17.30 the courtissues anmay issue a judicial hold order pursuant to 17.31 section 253B.07, subdivision 6.If the head of the treatment17.32facility believes that commitment is required and no petition17.33has been filed, the head of the treatment facility shall file a17.34petition for the commitment of the person. The hospitalized17.35person may move to have the venue of the petition changed to the17.36court of the county of the person's residence, if the person is18.1a resident of Minnesota.18.2 (b) During the 72-hour hold period, a court may not release 18.3 a person held under this section unless the court has received a 18.4 written petition for release and held a summary hearing 18.5 regarding the release. The petition must include the name of 18.6 the person being held, the basis for and location of the hold, 18.7 and a statement as to why the hold is improper. The petition 18.8 also must include copies of any written documentation under 18.9 subdivision 1 or 2 in support of the hold, unless the person 18.10 holding the petitioner refuses to supply the documentation. The 18.11 hearing must be held as soon as practicable and may be conducted 18.12 by means of a telephone conference call or similar method by 18.13 which the participants are able to simultaneously hear each 18.14 other. If the court decides to release the person, the court 18.15 shall direct the release and shall issue written findings 18.16 supporting the decision, but may not delay. The release may not 18.17 be delayed pending the written order. Beforedeciding to18.18releasereleasing the person, the court shall make every 18.19 reasonable effort to provide notice of theproposedrelease to: 18.20 (1) any specific individuals identified in a statement under 18.21 subdivision 1 or 2 or individuals identified in the recordas18.22individualswho might be endangered if the person was not 18.23 held;and(2) the examiner whose written statement was a basis 18.24 for a hold under subdivision 1or; and (3) the peace or health 18.25 officer who applied for a hold under subdivision 2. 18.26 (c) If a treatment facility releases a person during the 18.27 72-hour hold period, the head of the treatment facility shall 18.28 immediately notify the agency which employs the peace or health 18.29 officer who transported the person to the treatment facility 18.30 under this section. 18.31 Sec. 34. Minnesota Statutes 1996, section 253B.05, 18.32 subdivision 4, is amended to read: 18.33 Subd. 4. [CHANGE OF STATUS.] Any person admitted pursuant 18.34 to this section shall be changed tothe informalvoluntary 18.35 status provided by section 253B.04 upon the person's request in 18.36 writing and with the consent of the head of the treatment 19.1 facility. 19.2 Sec. 35. Minnesota Statutes 1996, section 253B.06, is 19.3 amended to read: 19.4 253B.06 [MEDICAL EXAMINATIONINITIAL ASSESSMENT.] 19.5 Subdivision 1. [MENTALLY ILL AND MENTALLY RETARDED 19.6 PERSONS.]The head of a treatment facility shall arrange to have19.7 Every patient hospitalized as mentally ill or mentally retarded 19.8 pursuant to section 253B.04 or 253B.05 must be examined by a 19.9 physician as soon as possible but no more than 48 hours 19.10 followingthe time ofadmission. The physician shall be 19.11 knowledgeable and trained in the diagnosis of the alleged 19.12 disability related to the need for admission as a mentally ill 19.13 or mentally retarded person. 19.14 Subd. 2. [CHEMICALLY DEPENDENT PERSONS.] Patients 19.15 hospitalized as chemically dependent pursuant to section 253B.04 19.16 or 253B.05 shall also be examined within 48 hours of admission. 19.17 At a minimum, the examination shall consist of a physical 19.18 evaluation by facility staff according to procedures established 19.19 by a physician and an evaluation by staff knowledgeable and 19.20 trained in the diagnosis of the alleged disability related to 19.21 the need for admission as a chemically dependent person. 19.22 Subd. 2a. [PATIENT REFUSAL.] If a patient refuses to be 19.23 examined, the determination of the patient's need for treatment 19.24 may be based on other available information and documented in 19.25 the patient's medical record. 19.26 Subd. 3. [DISCHARGE.] At the end of a 48-hour period, any 19.27 patient admitted pursuant to section 253B.05 shall be discharged 19.28 if an examination has not been held or if the examiner or 19.29 evaluation staff person fails to notify the head of the 19.30 treatment facility in writing that in the examiner's or staff 19.31 person's opinion the patient is apparently in need of care, 19.32 treatment, and evaluation as a mentally ill, mentally retarded, 19.33 or chemically dependent person. 19.34 Sec. 36. [253B.064] [COURT-ORDERED EARLY INTERVENTION; 19.35 PRELIMINARY PROCEDURES.] 19.36 Subdivision 1. [GENERAL.] (a) An interested person may 20.1 apply to the designated agency for early intervention of a 20.2 proposed patient in the county of the patient's residence or 20.3 presence. If the designated agency determines that early 20.4 intervention may be appropriate, a prepetition screening report 20.5 must be prepared pursuant to section 253B.07, subdivision 1. 20.6 The county attorney may file a petition for early intervention 20.7 following the procedures of section 253B.07, subdivision 2. 20.8 (b) The proposed patient is entitled to representation by 20.9 counsel, pursuant to section 253B.03, subdivision 9. The 20.10 proposed patient shall be examined by an examiner, and has the 20.11 right to a second independent examiner, pursuant to section 20.12 253B.07, subdivisions 3 and 5. 20.13 Subd. 2. [PREHEARING EXAMINATION; FAILURE TO APPEAR.] If a 20.14 proposed patient fails to appear for the examination, the court 20.15 may: 20.16 (1) reschedule the examination; or 20.17 (2) deem the failure to appear as a waiver of the proposed 20.18 patient's right to an examination and consider the failure to 20.19 appear when deciding the merits of the petition for early 20.20 intervention. 20.21 Subd. 3. [COUNTY OPTION.] Nothing in sections 253B.064 to 20.22 253B.066 requires a county to use early intervention procedures. 20.23 Sec. 37. [253B.065] [COURT-ORDERED EARLY INTERVENTION; 20.24 HEARING PROCEDURES.] 20.25 Subdivision 1. [TIME FOR EARLY INTERVENTION HEARING.] The 20.26 hearing on the petition for early intervention shall be held 20.27 within 14 days from the date of the filing of the petition. For 20.28 good cause shown, the court may extend the time of hearing up to 20.29 an additional 30 days. When any proposed patient has not had a 20.30 hearing on a petition filed for early intervention within the 20.31 allowed time, the proceedings shall be dismissed. 20.32 Subd. 2. [NOTICE OF HEARING.] The proposed patient, the 20.33 patient's counsel, the petitioner, the county attorney, and any 20.34 other persons as the court directs shall be given at least five 20.35 days' notice that a hearing will be held and at least two days' 20.36 notice of the time and date of the hearing, except that any 21.1 person may waive notice. Notice to the proposed patient may be 21.2 waived by patient's counsel. 21.3 Subd. 3. [FAILURE TO APPEAR.] If a proposed patient fails 21.4 to appear at the hearing, the court may reschedule the hearing 21.5 within five days and direct a health officer, peace officer, or 21.6 other person to take the proposed patient to an appropriate 21.7 treatment facility designated by the court and transport the 21.8 person to the hearing. 21.9 Subd. 4. [PROCEDURES.] The hearing must be conducted 21.10 pursuant to section 253B.08, subdivisions 3 to 8. 21.11 Subd. 5. [EARLY INTERVENTION CRITERIA.] (a) A court shall 21.12 order early intervention treatment of a proposed patient who 21.13 meets the criteria under paragraph (b). The early intervention 21.14 treatment must be less intrusive than long-term inpatient 21.15 commitment and must be the least restrictive treatment program 21.16 available that can meet the patient's treatment needs. 21.17 (b) The court shall order early intervention treatment if 21.18 the court finds all of the elements of the following factors by 21.19 clear and convincing evidence: 21.20 (1) the proposed patient is mentally ill; 21.21 (2) the proposed patient refuses to accept appropriate 21.22 mental health treatment; and 21.23 (3) the proposed patient's mental illness is manifested by 21.24 instances of grossly disturbed behavior or faulty perceptions 21.25 and either: 21.26 (i) the grossly disturbed behavior or faulty perceptions 21.27 significantly interfere with the proposed patient's ability to 21.28 care for self and the proposed patient, when competent, would 21.29 have chosen substantially similar treatment under the same 21.30 circumstances; or 21.31 (ii) due to the mental illness, the proposed patient 21.32 received court-ordered inpatient treatment under section 253B.09 21.33 at least two times in the previous three years; the patient is 21.34 exhibiting symptoms or behavior substantially similar to those 21.35 that precipitated one or more of the court-ordered treatments; 21.36 and the patient is reasonably expected to physically or mentally 22.1 deteriorate to the point of meeting the criteria for commitment 22.2 under section 253B.09 unless treated. 22.3 Sec. 38. [253B.066] [COURT-ORDERED EARLY INTERVENTION; 22.4 DECISION; TREATMENT ALTERNATIVES; DURATION.] 22.5 Subdivision 1. [TREATMENT ALTERNATIVES.] If the court 22.6 orders early intervention under section 253B.065, subdivision 5, 22.7 the court may include in its order a variety of treatment 22.8 alternatives including, but not limited to, day treatment, 22.9 medication compliance monitoring, and short-term hospitalization 22.10 not to exceed ten days. 22.11 If the court orders short-term hospitalization and the 22.12 proposed patient will not go voluntarily, the court may direct a 22.13 health officer, peace officer, or other person to take the 22.14 person into custody and transport the person to the hospital. 22.15 Subd. 2. [FINDINGS.] The court shall find the facts 22.16 specifically and separately state its conclusions of law in its 22.17 order. Where early intervention is ordered, the findings of 22.18 fact and conclusions of law shall specifically state the 22.19 proposed patient's conduct which is a basis for determining that 22.20 each of the requisites for early intervention is met. 22.21 The court shall also determine the nature and extent of the 22.22 property of the patient and of the persons who are liable for 22.23 the patient's care. 22.24 Subd. 3. [DURATION.] The order for early intervention 22.25 shall not exceed 90 days. 22.26 Sec. 39. Minnesota Statutes 1996, section 253B.07, 22.27 subdivision 1, is amended to read: 22.28 Subdivision 1. [PREPETITION SCREENING.] (a) Prior to 22.29 filing a petition for commitment of or early intervention for a 22.30 proposed patient, an interested person shall apply to the 22.31 designated agency in the county of the proposed patient's 22.32 residence or presence for conduct of a preliminary 22.33 investigation, except when the proposed patient has been 22.34 acquitted of a crime under section 611.026 and the county 22.35 attorney is required to file a petition for commitmentpursuant22.36to subdivision 2. In any case coming within this exception, the23.1county attorney shall apply to the designated county agency in23.2the county in which the acquittal took place for a preliminary23.3investigation unless substantially the same information relevant23.4to the proposed patient's current mental condition as could be23.5obtained by a preliminary investigation is part of the court23.6record in the criminal proceeding or is contained in the report23.7of a mental examination conducted in connection with the23.8criminal proceeding. The designated agency shall appoint a 23.9 screening team to conduct an investigation which shall include: 23.10 (i) a personal interview with the proposed patient and 23.11 other individuals who appear to have knowledge of the condition 23.12 of the proposed patient. If the proposed patient is not 23.13 interviewed, reasons must be documented; 23.14 (ii) identification and investigation of specific alleged 23.15 conduct which is the basis for application;and23.16 (iii) identification, exploration, and listing of the 23.17 reasons for rejecting or recommending alternatives to 23.18 involuntary placement; and 23.19 (iv) in the case of a commitment based on mental illness, 23.20 the following information, if it is known or available: 23.21 information that may be relevant to the administration of 23.22 neuroleptic medications, if necessary, including the existence 23.23 of a declaration under section 253B.03, subdivision 6d, or a 23.24 durable power of attorney for health care under chapter 145C or 23.25 a guardian, conservator, proxy, or attorney-in-fact with 23.26 authority to make health care decisions for the proposed 23.27 patient; information regarding the capacity of the proposed 23.28 patient to make decisions regarding administration of 23.29 neuroleptic medication; and whether the proposed patient is 23.30 likely to consent or refuse consent to administration of the 23.31 medication. 23.32 (b) In conducting the investigation required by this 23.33 subdivision, the screening team shall have access to all 23.34 relevant medical records of proposed patients currently in 23.35 treatment facilities. Data collected pursuant to this clause 23.36 shall be considered private data on individuals. The 24.1 prepetition screening report is not admissible in any court 24.2 proceedings unrelated to the commitment proceedings. 24.3 (c) When the prepetition screening team recommends 24.4 commitment, a written report shall be sent to the county 24.5 attorney for the county in which the petition is to be filed. 24.6 (d) The prepetition screening team shall refuse to support 24.7 a petition if the investigation does not disclose evidence 24.8 sufficient to support commitment. Notice of the prepetition 24.9 screening team's decision shall be provided to the prospective 24.10 petitioner. 24.11 (e) If the interested person wishes to proceed with a 24.12 petition contrary to the recommendation of the prepetition 24.13 screening team, application may be made directly to the county 24.14 attorney, who may determine whether or not to proceed with the 24.15 petition. Notice of the county attorney's determination shall 24.16 be provided to the interested party. 24.17 (f) If the proposed patient has been acquitted of a crime 24.18 under section 611.026, the county attorney shall apply to the 24.19 designated county agency in the county in which the acquittal 24.20 took place for a preliminary investigation unless substantially 24.21 the same information relevant to the proposed patient's current 24.22 mental condition, as could be obtained by a preliminary 24.23 investigation, is part of the court record in the criminal 24.24 proceeding or is contained in the report of a mental examination 24.25 conducted in connection with the criminal proceeding. If a 24.26 court petitions for commitment pursuant to the rules of criminal 24.27 or juvenile procedure or a county attorney petitions pursuant to 24.28 acquittal of a criminal charge under section 611.026, the 24.29 prepetition investigation, if required by this section, shall be 24.30 completed within seven days after the filing of the petition. 24.31 Sec. 40. Minnesota Statutes 1996, section 253B.07, 24.32 subdivision 2, is amended to read: 24.33 Subd. 2. [THE PETITION.] (a) Any interested person, except 24.34 a member of the prepetition screening team, may file a petition 24.35 for commitment in the district court of the county of the 24.36 proposed patient's residence or presence.Following an25.1acquittal of a person of a criminal charge under section25.2611.026, the petition shall be filed by the county attorney of25.3the county in which the acquittal took place and the petition25.4shall be filed with the court in which the acquittal took place,25.5and that court shall be the committing court for purposes of25.6this chapter.If the head of the treatment facility believes 25.7 that commitment is required and no petition has been filed, the 25.8 head of the treatment facility shall petition for the commitment 25.9 of the person. 25.10 (b) The petition shall set forth the name and address of 25.11 the proposed patient, the name and address of the patient's 25.12 nearest relatives, and the reasons for the petition. The 25.13 petition must contain factual descriptions of the proposed 25.14 patient's recent behavior, including a description of the 25.15 behavior, where it occurred, andover whatthe time periodof25.16timeover which it occurred. Each factual allegation must be 25.17 supported by observations of witnesses named in the petition. 25.18 Petitions shall be stated in behavioral terms and shall not 25.19 contain judgmental or conclusory statements. 25.20 (c) The petition shall be accompanied by a written 25.21 statement by an examiner stating that the examiner has examined 25.22 the proposed patient within the 15 days preceding the filing of 25.23 the petition and is of the opinion that the proposed patient is 25.24 suffering a designated disability and should be committed to a 25.25 treatment facility. The statement shall include the reasons for 25.26 the opinion. In the case of a commitment based on mental 25.27 illness, the petition and the examiner's statement may include, 25.28 to the extent this information is available, a statement and 25.29 opinion regarding the proposed patient's need for treatment with 25.30 neuroleptic medication and the patient's capacity to make 25.31 decisions regarding the administration of neuroleptic 25.32 medications, and the reasons for the opinion. If a petitioner 25.33 has been unable to secure a statement from an examiner, the 25.34 petition shall include documentation that a reasonable effort 25.35 has been made to secure the supporting statement. 25.36 Sec. 41. Minnesota Statutes 1996, section 253B.07, 26.1 subdivision 2a, is amended to read: 26.2 Subd. 2a. [PETITION FOLLOWING ACQUITTAL; REFERRAL.] 26.3 Following an acquittal of a person of a criminal charge under 26.4 section 611.026, the petition shall be filed by the county 26.5 attorney of the county in which the acquittal took place and the 26.6 petition shall be filed with the court in which the acquittal 26.7 took place, and that court shall be the committing court for 26.8 purposes of this chapter. When a petition is filed pursuant to 26.9 subdivision 2 with the court in which acquittal of a criminal 26.10 charge took place, the court shall assign the judge before whom 26.11 the acquittal took place to hear the commitment proceedings 26.12 unless that judge is unavailable. 26.13 Sec. 42. Minnesota Statutes 1996, section 253B.07, is 26.14 amended by adding a subdivision to read: 26.15 Subd. 2b. [APPREHEND AND HOLD ORDERS.] The court may order 26.16 the treatment facility to hold the person in a treatment 26.17 facility or direct a health officer, peace officer, or other 26.18 person to take the proposed patient into custody and transport 26.19 the proposed patient to a treatment facility for observation, 26.20 evaluation, diagnosis, care, treatment, and, if necessary, 26.21 confinement, when: (1) there has been a particularized showing 26.22 by the petitioner that serious imminent physical harm to the 26.23 proposed patient or others is likely unless the proposed patient 26.24 is apprehended; (2) the proposed patient has not voluntarily 26.25 appeared for the examination or the commitment hearing pursuant 26.26 to the summons; or (3) a person is held pursuant to section 26.27 253B.05 and a request for a petition for commitment has been 26.28 filed. The order of the court may be executed on any day and at 26.29 any time by the use of all necessary means including the 26.30 imposition of necessary restraint upon the proposed patient. 26.31 Where possible, a peace officer taking the proposed patient into 26.32 custody pursuant to this subdivision shall not be in uniform and 26.33 shall not use a motor vehicle visibly marked as a police vehicle. 26.34 Sec. 43. Minnesota Statutes 1996, section 253B.07, is 26.35 amended by adding a subdivision to read: 26.36 Subd. 2c. [RIGHT TO COUNSEL.] A patient has the right to 27.1 be represented by counsel at any proceeding under this chapter. 27.2 The court shall appoint a qualified attorney to represent the 27.3 proposed patient if neither the proposed patient nor others 27.4 provide counsel. The attorney shall be appointed at the time a 27.5 petition for commitment is filed. In all proceedings under this 27.6 chapter, the attorney shall: 27.7 (1) consult with the person prior to any hearing; 27.8 (2) be given adequate time and access to records to prepare 27.9 for all hearings; 27.10 (3) continue to represent the person throughout any 27.11 proceedings under this chapter unless released as counsel by the 27.12 court; and 27.13 (4) be a vigorous advocate on behalf of the person. 27.14 Sec. 44. Minnesota Statutes 1996, section 253B.07, is 27.15 amended by adding a subdivision to read: 27.16 Subd. 2d. [CHANGE OF VENUE.] Either party may move to have 27.17 the venue of the petition changed to the district court of the 27.18 county of the person's residence, if the person is a resident of 27.19 Minnesota. If the petition has been filed pursuant to the rules 27.20 of criminal or juvenile procedure, venue may not be changed 27.21 without the approval of the court in which the juvenile or 27.22 criminal proceedings are pending. 27.23 Sec. 45. Minnesota Statutes 1996, section 253B.07, 27.24 subdivision 3, is amended to read: 27.25 Subd. 3. [EXAMINERS.] After a petition has been filed, the 27.26 courtin which the petition was filedshall appoint an 27.27 examiner. Prior to the hearing, the court shall inform the 27.28 proposed patient of the right to an independent second 27.29 examination. At the proposed patient's request, the court shall 27.30 appoint a second examiner of the patient's choosing to be paid 27.31 for by the county at a rate of compensation fixed by the court. 27.32 Sec. 46. Minnesota Statutes 1996, section 253B.07, 27.33 subdivision 4, is amended to read: 27.34 Subd. 4. [PREHEARING EXAMINATION; NOTICE AND SUMMONS 27.35 PROCEDURE.] (a) A summons to appear for a prehearing examination 27.36 and the commitment hearing shall be served upon the proposed 28.1 patient. A plain language notice of the proceedings and notice 28.2 of the filing of the petition, a copy of the petition, a copy of28.3the examiner's supporting statement, and the order for28.4examination and a copy of the prepetition screening reportshall 28.5 be given to the proposed patient, patient's counsel, the 28.6 petitioner, any interested person, and any other persons as the 28.7 court directs. 28.8 (b) The prepetition screening report, the petition, and the 28.9 examiner's supporting statement shall be distributed to the 28.10 petitioner, the proposed patient, the patient's counsel, the 28.11 county attorney, any person authorized by the patient, and any 28.12 other person as the court directs. 28.13 (c) All papers shall be served personally on the proposed 28.14 patient. Unless otherwise ordered by the court, the notice 28.15 shall be served on the proposed patient by a nonuniformed person. 28.16 Sec. 47. Minnesota Statutes 1996, section 253B.07, 28.17 subdivision 5, is amended to read: 28.18 Subd. 5. [PREHEARING EXAMINATION; REPORT.] The examination 28.19 shall be held at a treatment facility or other suitable place 28.20 the court determines is not likely tohave a harmful effect on28.21 harm the health of the proposed patient. The county attorney 28.22 and the patient's attorney may be present during the examination. 28.23 Either party may waive this right. Unless otherwise agreed by 28.24 thecounsel for the proposed patientparties, a court appointed 28.25 examiner shall filethree copies ofthe report with the court 28.26 not less than 48 hours prior to the commitment hearing. Copies 28.27 of the examiner's report shall be sent to the county attorney, 28.28 the proposed patient, and the patient's counsel. 28.29 Sec. 48. Minnesota Statutes 1996, section 253B.07, 28.30 subdivision 7, is amended to read: 28.31 Subd. 7. [PRELIMINARY HEARING.] (a) No proposed patient 28.32 may be held in a treatment facility under a judicial hold 28.33 pursuant to subdivision 6forlonger than 72 hours, exclusive of 28.34 Saturdays, Sundays, and legal holidays, unless the court holds a 28.35 preliminary hearing and determines thatprobable cause exists to28.36continuethe standard is met to hold the person. 29.1 (b) The proposed patient, patient's counsel, the 29.2 petitioner, the county attorney, and any other persons as the 29.3 court directs shall be given at least 24 hours written notice of 29.4 the preliminary hearing. The notice shall include the alleged 29.5 grounds for confinement. The proposed patient shall be 29.6 represented at the preliminary hearing by counsel.IfThe court 29.7finds it to be reliable, itmay admit reliable hearsay evidence, 29.8 including written reports, for the purpose of the preliminary 29.9 hearing. 29.10 (c) The court, on its motion or on the motion of any party, 29.11 may exclude or excuse arespondentproposed patient who is 29.12 seriously disruptive or who istotallyincapable of 29.13 comprehending and participating in the proceedings. In such 29.14 instances, the court shall, with specificity on the record, 29.15 state the behavior ofrespondentthe proposed patient or other 29.16 circumstancesjustifyingwhich justify proceeding in the absence 29.17 of therespondentproposed patient. 29.18 (d) The court mayorder the continued holdingcontinue the 29.19 court hold of the proposed patient if it finds, by a 29.20 preponderance of the evidence, that serious imminent physical 29.21 harm to the proposed patient or others is likely if the proposed 29.22 patient is not confined.The fact thatIf a proposed patient 29.23 was acquitted of a crime against the person under section 29.24 611.026 immediately preceding the filing of the 29.25 petitionconstitutes evidence, the court may presume that 29.26 serious imminent physical harm to the patient or others is 29.27 likely if the proposed patient is not confinedand shifts the29.28burden of going forward in the presentation of evidence to the29.29proposed patient; provided that the standard of proof remains as29.30required by this chapter. 29.31 (e) Upon a showing that a person subject to a petition for 29.32 commitment may need treatment with neuroleptic medications and 29.33 that the person may lack capacity to make decisions regarding 29.34 that treatment, the court may appoint a substitute 29.35 decision-maker as provided in section 253B.092, subdivision 6. 29.36 The substitute decision-maker shall meet with the proposed 30.1 patient and provider and make a report to the court at the 30.2 hearing under section 253B.08 regarding whether the 30.3 administration of neuroleptic medications is appropriate under 30.4 the criteria of section 253B.092, subdivision 7. If the 30.5 substitute decision-maker consents to treatment with neuroleptic 30.6 medications and the proposed patient does not refuse the 30.7 medication, neuroleptic medication may be administered to the 30.8 patient. If the substitute decision-maker does not consent or 30.9 the patient refuses, neuroleptic medication may not be 30.10 administered without a court order, or in an emergency as set 30.11 forth in section 253B.092, subdivision 3. 30.12 Sec. 49. Minnesota Statutes 1996, section 253B.08, 30.13 subdivision 1, is amended to read: 30.14 Subdivision 1. [TIME FOR COMMITMENT HEARING.] The hearing 30.15 on the commitment petition shall be held within 14 days from the 30.16 date of the filing of the petition. For good cause shown, the 30.17 court may extend the time of hearing up to an additional 30 30.18 days.When anyThe proceeding shall be dismissed if the 30.19 proposed patient has not had a hearing on a commitment 30.20 petitionfiled for the person's commitmentwithin the allowed 30.21 time, the proceedings shall be dismissed. The proposed patient, 30.22 or the head of the treatment facility in which the person is 30.23 held, may demand in writing at any time that the hearing be held 30.24 immediately. Unless the hearing is held within five days of the 30.25 date of the demand, exclusive of Saturdays, Sundays and legal 30.26 holidays, the petition shall be automatically discharged if the 30.27 patient is being held in a treatment facility pursuant to court 30.28 order. For good cause shown, the court may extend the time of 30.29 hearing on the demand for an additional ten days. 30.30 Sec. 50. Minnesota Statutes 1996, section 253B.08, 30.31 subdivision 2, is amended to read: 30.32 Subd. 2. [NOTICE OF HEARING.] The proposed patient, 30.33 patient's counsel, the petitioner, the county attorney, and any 30.34 other persons as the court directs shall be given at least five 30.35 days' notice that a hearing will be held and at least two days' 30.36 notice of the time and date of the hearing, except that any 31.1 person may waive notice. Notice to the proposed patient may be 31.2 waived by patient's counsel.If the proposed patient has no31.3residence in this state, the commissioner shall be notified of31.4the proceedings by the court.31.5 Sec. 51. Minnesota Statutes 1996, section 253B.08, is 31.6 amended by adding a subdivision to read: 31.7 Subd. 2a. [PLACE OF HEARING.] The hearing shall be 31.8 conducted in a manner consistent with orderly procedure. The 31.9 hearing shall be held at a courtroom meeting standards 31.10 prescribed by local court rule which may be at a treatment 31.11 facility. 31.12 Sec. 52. Minnesota Statutes 1996, section 253B.08, 31.13 subdivision 3, is amended to read: 31.14 Subd. 3. [RIGHT TO ATTEND AND TESTIFY.] All persons to 31.15 whom notice has been given may attend the hearing and, except 31.16 for the proposed patient's counsel, may testify. The court 31.17 shall notify them of their right to attend the hearing and to 31.18 testify. The court may exclude any person not necessary for the 31.19 conduct of the proceedings from the hearings except any person 31.20 requested to be present by the proposed patient. Nothing in 31.21 this section shall prevent the court from ordering the 31.22 sequestration of any witness or witnesses other than the 31.23 petitioner or the proposed patient. 31.24 Sec. 53. Minnesota Statutes 1996, section 253B.08, 31.25 subdivision 5, is amended to read: 31.26 Subd. 5. [ABSENCE PERMITTED.] (a) The court may permit the 31.27 proposed patient to waive the right to attend the hearing if it 31.28 determines that the waiver is freely given.All waivers shall31.29be on the record.At the time of the hearing the patient shall 31.30 not be so under the influenceor suffering from the effectsof 31.31 drugs, medication, or other treatment so as to be hampered in 31.32 participating in the proceedings. Whenin the opinion ofthe 31.33 licensed physician or licensed psychologist attending the 31.34 patient is of the opinion that the discontinuance of drugs, 31.35 medication, or other treatment is not in the best interest of 31.36 the patient, the court, at the time of the hearing, shall be 32.1 presented a record of all drugs, medication or other treatment 32.2 which the patient has received during the 48 hours immediately 32.3 prior to the hearing. 32.4 (b) The court, on its own motion or on the motion of any 32.5 party, may exclude or excuse arespondentproposed patient who 32.6 is seriously disruptive or who istotallyincapable of 32.7 comprehending and participating in the proceedings. In such 32.8 instances, the court shall, with specificity on the record, 32.9 state the behavior ofrespondentthe proposed patient or other 32.10 circumstances justifying proceeding in the absence of the 32.11respondentproposed patient. 32.12 Sec. 54. Minnesota Statutes 1996, section 253B.08, is 32.13 amended by adding a subdivision to read: 32.14 Subd. 5a. [WITNESSES.] The proposed patient or the 32.15 patient's counsel and the county attorney may present and 32.16 cross-examine witnesses, including examiners, at the hearing. 32.17 The court may in its discretion receive the testimony of any 32.18 other person. Opinions of court-appointed examiners may not be 32.19 admitted into evidence unless the examiner is present to 32.20 testify, except by agreement of the parties. 32.21 Sec. 55. Minnesota Statutes 1996, section 253B.09, 32.22 subdivision 1, is amended to read: 32.23 Subdivision 1. [STANDARD OF PROOF.] If the court finds by 32.24 clear and convincing evidence that the proposed patient is a 32.25 mentally ill, mentally retarded, or chemically dependent person 32.26 and, thatafter careful consideration of reasonable alternative 32.27 dispositions, including but not limited to, dismissal of 32.28 petition, voluntary outpatient care,informalvoluntary 32.29 admission to a treatment facility, appointment of a guardian or 32.30 conservator, or release before commitment as provided for in 32.31 subdivision 4, it finds that there is no suitable alternative to 32.32 judicial commitment, the court shall commit the patient to the 32.33 least restrictive treatment program which can meet the patient's 32.34 treatment needs consistent with section 253B.03, subdivision 7. 32.35 In deciding on the least restrictive program, the court shall 32.36 consider a range of treatment alternatives including, but not 33.1 limited to, community-based nonresidential treatment, community 33.2 residential treatment, partial hospitalization, acute care 33.3 hospital, and regional treatment center services. The court 33.4 shall also consider the proposed patient's treatment preferences 33.5 and willingness to participate in the treatment ordered. The 33.6 court may not commit a patient to a facility or program that is 33.7 not capable of meeting the patient's needs. 33.8 Sec. 56. Minnesota Statutes 1996, section 253B.09, 33.9 subdivision 2, is amended to read: 33.10 Subd. 2. [FINDINGS.] The court shall find the facts 33.11 specifically, and separately state its conclusions of law, and33.12direct the entry of an appropriate judgment. Where commitment 33.13 is ordered, the findings of fact and conclusions of law shall 33.14 specifically state the proposed patient's conduct which is a 33.15 basis for determining that each of the requisites for commitment 33.16 is met. 33.17 If commitment is ordered, the findings shall alsoinclude a33.18listing ofidentify less restrictive alternatives considered and 33.19 rejected by the court and the reasons for rejecting each 33.20 alternative. 33.21 If the proceedings are dismissed, the court may direct that 33.22 the person be transported back to a suitable location. 33.23 Sec. 57. Minnesota Statutes 1996, section 253B.09, 33.24 subdivision 3, is amended to read: 33.25 Subd. 3. [FINANCIAL DETERMINATION.] The court shall 33.26 determine the nature and extent of the property of the patient 33.27 and of the persons who are liable for the patient's care. If 33.28 the patient is committed to a regionalfacility, a copy shall be33.29transmittedtreatment center, the court shall send a copy of the 33.30 commitment order to the commissioner. 33.31 Sec. 58. Minnesota Statutes 1996, section 253B.09, is 33.32 amended by adding a subdivision to read: 33.33 Subd. 3a. [REPORTING JUDICIAL COMMITMENTS INVOLVING 33.34 PRIVATE TREATMENT PROGRAMS OR FACILITIES.] Notwithstanding 33.35 section 253B.23, subdivision 9, when a court commits a patient 33.36 to a treatment program or facility other than a state-operated 34.1 program or facility, the court shall report the commitment to 34.2 the commissioner through the supreme court information system 34.3 for purposes of providing commitment information for firearm 34.4 background checks under section 245.041. 34.5 Sec. 59. Minnesota Statutes 1996, section 253B.09, 34.6 subdivision 5, is amended to read: 34.7 Subd. 5. [INITIAL COMMITMENT PERIOD.] The initial 34.8 commitment begins on the date that the court issues its order or 34.9 warrant under section 253B.10, subdivision 1. For persons 34.10 committed as mentally ill, mentally retarded, or chemically 34.11 dependent the initial commitment shall not exceed six months. 34.12At least 60 days, but not more than 90 days, after the34.13commencement of the initial commitment of a person as mentally34.14ill, mentally retarded, or chemically dependent, the head of the34.15facility shall file a written report with the committing court34.16with a copy to the patient and patient's counsel. This first34.17report shall set forth the same information as is required in34.18section 253B.12, subdivision 1, but no hearing shall be required34.19at this time. If no written report is filed within the required34.20time, or if it describes the patient as not in need of further34.21institutional care and treatment, the proceedings shall be34.22terminated by the committing court, and the patient shall be34.23discharged from the treatment facility. If the person is34.24discharged prior to the expiration of 60 days, the report34.25required by this subdivision shall be filed at the time of34.26discharge.34.27 Sec. 60. [253B.092] [STANDARDS AND CRITERIA FOR 34.28 ADMINISTRATION OF NEUROLEPTIC MEDICATION; PROCEDURES.] 34.29 Subdivision 1. [GENERAL.] Neuroleptic medications may be 34.30 administered to patients subject to early intervention or civil 34.31 commitment as mentally ill or mentally ill and dangerous only as 34.32 provided in this section. For purposes of this section, 34.33 "patient" includes a proposed patient who is the subject of a 34.34 petition for early intervention or commitment. 34.35 Subd. 2. [ADMINISTRATION WITHOUT JUDICIAL 34.36 REVIEW.] Neuroleptic medications may be administered without 35.1 judicial review in the following circumstances: 35.2 (1) the patient has the capacity to make an informed 35.3 decision under subdivision 4; 35.4 (2) the patient does not have the present capacity to 35.5 consent to the administration of neuroleptic medication, but 35.6 prepared a durable power of attorney for health care under 35.7 chapter 145C or a declaration under section 253B.03, subdivision 35.8 6d, requesting treatment or authorizing an agent or proxy to 35.9 request treatment, and the agent or proxy has requested the 35.10 treatment; 35.11 (3) a substitute decision-maker appointed by the court 35.12 consents to the administration of the neuroleptic medication and 35.13 the patient does not refuse administration of the medication; or 35.14 (4) the substitute decision-maker does not consent or the 35.15 patient is refusing medication, and the patient is in an 35.16 emergency situation. 35.17 Subd. 3. [EMERGENCY ADMINISTRATION.] A treating physician 35.18 may administer neuroleptic medication to a patient who does not 35.19 have capacity to make a decision regarding administration of the 35.20 medication if the patient is in an emergency situation. 35.21 Medication may be administered for so long as the emergency 35.22 continues to exist, up to 14 days, if the treating physician 35.23 determines that the medication is necessary to prevent serious, 35.24 immediate physical harm to the patient or to others. If a 35.25 request for authorization to administer medication is made to 35.26 the court within the 14 days, the treating physician may 35.27 continue the medication through the date of the first court 35.28 hearing, if the emergency continues to exist. If the request 35.29 for authorization to administer medication is made to the court 35.30 in conjunction with a petition for commitment or early 35.31 intervention and the court makes a determination at the 35.32 preliminary hearing under section 253B.07, subdivision 7, that 35.33 there is sufficient cause to continue the physician's order 35.34 until the hearing under section 253B.08, the treating physician 35.35 may continue the medication until that hearing, if the emergency 35.36 continues to exist. The treatment facility shall document the 36.1 emergency in the patient's medical record in specific behavioral 36.2 terms. 36.3 Subd. 4. [PATIENTS WITH CAPACITY TO MAKE INFORMED 36.4 DECISION.] A patient who has the capacity to make an informed 36.5 decision regarding the administration of neuroleptic medication 36.6 may consent or refuse consent to administration of the 36.7 medication. The informed consent of a patient must be in 36.8 writing. 36.9 Subd. 5. [DETERMINATION OF CAPACITY.] (a) A patient is 36.10 presumed to have capacity to make decisions regarding 36.11 administration of neuroleptic medication. 36.12 (b) In determining a person's capacity to make decisions 36.13 regarding the administration of neuroleptic medication, the 36.14 court shall consider: 36.15 (1) whether the person demonstrates an awareness of the 36.16 nature of the person's situation, including the reasons for 36.17 hospitalization, and the possible consequences of refusing 36.18 treatment with neuroleptic medications; 36.19 (2) whether the person demonstrates an understanding of 36.20 treatment with neuroleptic medications and the risks, benefits, 36.21 and alternatives; and 36.22 (3) whether the person communicates verbally or nonverbally 36.23 a clear choice regarding treatment with neuroleptic medications 36.24 that is a reasoned one not based on delusion, even though it may 36.25 not be in the person's best interests. 36.26 Disagreement with the physician's recommendation is not 36.27 evidence of an unreasonable decision. 36.28 Subd. 6. [PATIENTS WITHOUT CAPACITY TO MAKE INFORMED 36.29 DECISION; SUBSTITUTE DECISION-MAKER.] (a) Upon request of any 36.30 person, and upon a showing that administration of neuroleptic 36.31 medications may be recommended and that the person may lack 36.32 capacity to make decisions regarding the administration of 36.33 neuroleptic medication, the court shall appoint a substitute 36.34 decision-maker with authority to consent to the administration 36.35 of neuroleptic medication as provided in this section. The 36.36 substitute decision-maker must be an individual or a community 37.1 or institutional multidisciplinary panel designated by the local 37.2 mental health authority. In appointing a substitute 37.3 decision-maker, the court shall give preference to a guardian or 37.4 conservator, proxy, or attorney-in-fact with authority to make 37.5 health care decisions for the patient. The court may provide 37.6 for the payment of a reasonable fee to the substitute 37.7 decision-maker for services under this section or may appoint a 37.8 volunteer. 37.9 (b) If the person's treating physician recommends treatment 37.10 with neuroleptic medication, the substitute decision-maker may 37.11 give or withhold consent to the administration of the 37.12 medication, based on the standards under subdivision 7. If the 37.13 substitute decision-maker gives informed consent to the 37.14 treatment and the person does not refuse, the substitute 37.15 decision-maker shall provide written consent to the treating 37.16 physician and the medication may be administered. The 37.17 substitute decision-maker shall also notify the court that 37.18 consent has been given. If the substitute decision-maker 37.19 refuses or withdraws consent or the person refuses the 37.20 medication, neuroleptic medication may not be administered to 37.21 the person without a court order or in an emergency. 37.22 (c) A substitute decision-maker appointed under this 37.23 section has access to the pertinent sections of the patient's 37.24 health records on the past or present administration of 37.25 medication. The designated agency or a person involved in the 37.26 patient's physical or mental health care may disclose 37.27 information to the substitute decision-maker for the sole 37.28 purpose of performing the responsibilities under this section. 37.29 (d) At a hearing under section 253B.08, the petitioner has 37.30 the burden of proving incapacity by a preponderance of the 37.31 evidence. If a substitute decision-maker has been appointed by 37.32 the court, the court shall make findings regarding the patient's 37.33 capacity to make decisions regarding the administration of 37.34 neuroleptic medications and affirm or reverse its appointment of 37.35 a substitute decision-maker. If the court affirms the 37.36 appointment of the substitute decision-maker, and if the 38.1 substitute decision-maker has consented to the administration of 38.2 the medication and the patient has not refused, the court shall 38.3 make findings that the substitute decision-maker has consented 38.4 and the treatment is authorized. If a substitute decision-maker 38.5 has not yet been appointed, upon request the court shall make 38.6 findings regarding the patient's capacity and appoint a 38.7 substitute decision-maker if appropriate. 38.8 (e) If an order for civil commitment or early intervention 38.9 did not provide for the appointment of a substitute 38.10 decision-maker or for the administration of neuroleptic 38.11 medication, the treatment facility may later request the 38.12 appointment of a substitute decision-maker upon a showing that 38.13 administration of neuroleptic medications is recommended and 38.14 that the person lacks capacity to make decisions regarding the 38.15 administration of neuroleptic medications. A hearing is not 38.16 required in order to administer the neuroleptic medication 38.17 unless requested under subdivision 10 or if the substitute 38.18 decision-maker withholds or refuses consent or the person 38.19 refuses the medication. 38.20 (f) The substitute decision-maker's authority to consent to 38.21 treatment lasts for the duration of the court's order of 38.22 appointment or until modified by the court. 38.23 If the substitute decision-maker withdraws consent or the 38.24 patient refuses consent, neuroleptic medication may not be 38.25 administered without a court order. 38.26 (g) If there is no hearing after the preliminary hearing, 38.27 then the court shall, upon the request of any interested party, 38.28 review the reasonableness of the substitute decision-maker's 38.29 decision based on the standards under subdivision 7. The court 38.30 shall enter an order upholding or reversing the decision within 38.31 seven days. 38.32 Subd. 7. [STANDARDS FOR MAKING DECISION REGARDING 38.33 ADMINISTRATION OF NEUROLEPTIC MEDICATION.] (a) When a person 38.34 lacks capacity to make decisions regarding the administration of 38.35 neuroleptic medication, the substitute decision-maker or the 38.36 court shall use the standards in this subdivision in making a 39.1 decision regarding administration of the medication. 39.2 (b) If the person clearly stated what the person would 39.3 choose to do in this situation when the person had the capacity 39.4 to make a reasoned decision, the person's wishes must be 39.5 followed. Evidence of the person's wishes may include written 39.6 instruments, including a durable power of attorney for health 39.7 care under chapter 145C or a declaration under section 253B.03, 39.8 subdivision 6d. 39.9 (c) If evidence of the person's wishes regarding the 39.10 administration of neuroleptic medications is conflicting or 39.11 lacking, the decision must be based on what a reasonable person 39.12 would do, taking into consideration: 39.13 (1) the person's family, community, moral, religious, and 39.14 social values; 39.15 (2) the medical risks, benefits, and alternatives to the 39.16 proposed treatment; 39.17 (3) past efficacy and any extenuating circumstances of past 39.18 use of neuroleptic medications; and 39.19 (4) any other relevant factors. 39.20 Subd. 8. [PROCEDURE WHEN PATIENT REFUSES MEDICATION.] (a) 39.21 If the substitute decision-maker or the patient refuses to 39.22 consent to treatment with neuroleptic medications, and absent an 39.23 emergency as set forth in subdivision 3, neuroleptic medications 39.24 may not be administered without a court order. Upon receiving a 39.25 written request for a hearing, the court shall schedule the 39.26 hearing within 14 days of the request. The matter may be heard 39.27 as part of any other district court proceeding under this 39.28 chapter. By agreement of the parties or for good cause shown, 39.29 the court may extend the time of hearing an additional 30 days. 39.30 (b) The patient must be examined by a court examiner prior 39.31 to the hearing. If the patient refuses to participate in an 39.32 examination, the examiner may rely on the patient's medical 39.33 records to reach an opinion as to the appropriateness of 39.34 neuroleptic medication. The patient is entitled to counsel and 39.35 a second examiner, if requested by the patient or patient's 39.36 counsel. 40.1 (c) The court may base its decision on relevant and 40.2 admissible evidence, including the testimony of a treating 40.3 physician or other qualified physician, a member of the 40.4 patient's treatment team, a court appointed examiner, witness 40.5 testimony, or the patient's medical records. 40.6 (d) If the court finds that the patient has the capacity to 40.7 decide whether to take neuroleptic medication or that the 40.8 patient lacks capacity to decide and the standards for making a 40.9 decision to administer the medications under subdivision 7 are 40.10 not met, the treating facility may not administer medication 40.11 without the patient's informed written consent or without the 40.12 declaration of an emergency, or until further review by the 40.13 court. 40.14 (e) If the court finds that the patient lacks capacity to 40.15 decide whether to take neuroleptic medication and has applied 40.16 the standards set forth in subdivision 7, the court may 40.17 authorize the treating facility and any other community or 40.18 treatment facility to which the patient may be transferred or 40.19 provisionally discharged, to involuntarily administer the 40.20 medication to the patient. 40.21 (f) A finding of lack of capacity under this section must 40.22 not be construed to determine the patient's competence for any 40.23 other purpose. 40.24 (g) The court may authorize the administration of 40.25 neuroleptic medication until the termination of a determinate 40.26 commitment. If the patient is committed for an indeterminate 40.27 period, the court may authorize treatment of neuroleptic 40.28 medication for not more than two years, subject to the patient's 40.29 right to petition the court for review of the order. The 40.30 treatment facility must submit annual reports to the court, 40.31 which shall provide copies to the patient and the respective 40.32 attorneys. 40.33 (h) The court may limit the maximum dosage of neuroleptic 40.34 medication that may be administered. 40.35 (i) If physical force is required to administer the 40.36 neuroleptic medication, force may only take place in a treatment 41.1 facility or therapeutic setting where the person's condition can 41.2 be reassessed and appropriate medical staff are available. 41.3 Subd. 9. [IMMUNITY.] A substitute decision-maker who 41.4 consents to treatment is not civilly or criminally liable for 41.5 the performance of or the manner of performing the treatment. A 41.6 person is not liable for performing treatment without consent if 41.7 the substitute decision-maker has given written consent. This 41.8 provision does not affect any other liability that may result 41.9 from the manner in which the treatment is performed. 41.10 Subd. 10. [REVIEW.] A patient or other person may petition 41.11 the court under section 253B.17 for review of any determination 41.12 under this section or for a decision regarding the 41.13 administration of neuroleptic medications, appointment of a 41.14 substitute decision-maker, or the patient's capacity to make 41.15 decisions regarding administration of neuroleptic medications. 41.16 Sec. 61. [253B.0921] [ACCESS TO MEDICAL RECORDS.] 41.17 A treating physician who makes medical decisions regarding 41.18 the prescription and administration of medication for treatment 41.19 of a mental illness has access to the pertinent sections of a 41.20 patient's health records on past administration of medication at 41.21 any treatment facility, if the patient lacks the capacity to 41.22 authorize the release of records. Upon request of a treating 41.23 physician under this section, a treatment facility shall supply 41.24 complete information relating to the past records on 41.25 administration of medication of a patient subject to this 41.26 chapter. A patient who has the capacity to authorize the 41.27 release of data retains the right to make decisions regarding 41.28 access to medical records as provided by section 144.335. 41.29 Sec. 62. Minnesota Statutes 1996, section 253B.095, is 41.30 amended to read: 41.31 253B.095 [RELEASE BEFORE COMMITMENT.] 41.32 Subdivision 1. [COURT RELEASE.] (a) After the hearing and 41.33 before a commitment order has been issued, the court may release 41.34 a proposed patient to the custody of an individual or agency 41.35 upon conditions that guarantee the care and treatment of the 41.36 patient. 42.1 (b) A person against whom a criminal proceeding is pending 42.2 may not be released.Continuances may not extend beyond 1442.3 (c) A continuance for dismissal, with or without findings, 42.4 may be granted for up to 90 days. 42.5 (d) When the court stays an order for commitment for more 42.6 than 14 days beyond the date of the initially scheduled hearing, 42.7 the court shall issue an order thatmeets the requirements of42.8this section.42.9Subd. 2. [STAY BEYOND 14 DAYS.] An order staying42.10commitment for more than 14 daysmust include: 42.11 (1) a written plan for services to which the proposed 42.12 patient has agreed; 42.13 (2) a finding that the proposed treatment is available and 42.14 accessible to the patient and that public or private financial 42.15 resources are available to pay for the proposed treatment; and 42.16 (3) conditions the patient must meet to avoidimposition42.17 revocation of the stayed commitment order and imposition of the 42.18 commitment order. 42.19 (e) A person receiving treatment under this section has all 42.20 rights under this chapter. 42.21 Subd.3.2. [CASE MANAGER.] When a court releases a 42.22 patientwith mental illnessunder this section, the court shall 42.23appoint adirect the case manager.42.24Subd. 4. [REPORTS.] The case manager shallto report to 42.25 the court at least once every 90 days. The case managerand 42.26 shall immediately report a substantial failure of a patient or 42.27 provider to comply with the conditions of the release. 42.28 Subd.5.3. [DURATION.] The maximum duration ofana 42.29 stayed order under this section is six months. The court may 42.30 continue the order for a maximum of an additional 12 months if, 42.31 after notice and hearing, under sections 253B.08 and 253B.09 the 42.32 court finds that (1) the person continues tobe mentally42.33illsuffer from mental illness, chemical dependency, or mental 42.34 retardation, and (2) an order is needed to protect the patient 42.35 or others. 42.36 Subd.6.4. [MODIFICATION OF ORDER.] An order under this 43.1 section may be modified upon agreement of the parties and 43.2 approval of the court. 43.3 Subd.7.5. [REVOCATION OF ORDER.] The court, on its own 43.4 motion or upon thepetitionmotion of anypersonparty that the 43.5 patient has not complied with a material condition of release, 43.6 and after notice and a hearing unless otherwise ordered by the 43.7 court, may revoke any release and commit the proposed patient 43.8 under this chapter. 43.9 Sec. 63. Minnesota Statutes 1996, section 253B.10, is 43.10 amended to read: 43.11 253B.10 [PROCEDURESFORUPON COMMITMENT.] 43.12 Subdivision 1. [ADMINISTRATIVE REQUIREMENTS.] When a 43.13 person is committed, the court shall issue a warrantin43.14duplicate,or an order committing the patient to the custody of 43.15 the head of the treatment facility. The warrant or order shall 43.16 state that the patient meets the statutory criteria for civil 43.17 commitment. Upon the arrival of a patient at the designated 43.18 treatment facility, the head of the facility shall retain the 43.19 duplicate of the warrant and endorse receipt upon the original 43.20 warrant, which shallor acknowledge receipt of the order. The 43.21 endorsed receipt or acknowledgment must be filed in the court of 43.22 commitment. After arrival, the patient shall be under the 43.23 control and custody of the head of the treatment facility. 43.24 Copies of the petition for commitment, the court's findings 43.25 of fact and conclusions of law, the court order committing the 43.26 patient, the report of the examiners, and the prepetition report 43.27 shall be provided promptly to the treatment facilityat the time43.28of admission. 43.29 Subd. 2. [TRANSPORTATION.] When aproposedpatient is 43.30 about to be placed in a treatment facility, the court may order 43.31 the designated agency, the treatment facility, or any 43.32 responsible adult to transport the patient to the treatment 43.33 facility.Unless otherwise ordered by the courtWhenever 43.34 possible, a peace officer who provides the transportation shall 43.35 not be in uniform and shall not use a vehicle visibly marked as 43.36 a police vehicle. The proposed patient may be accompanied by one 44.1 or more interested persons. 44.2 When aproposedpatient who is at a regional treatment 44.3 center requestsa change of venue or whena hearingis to be44.4heldfor adjudication of a patient's status pursuant to section 44.5 253B.17, the commissioner shall provide transportation. 44.6 Subd. 3. [NOTICE OF ADMISSION.] Whenever a committed 44.7 person has been admitted to a treatment facility under the 44.8 provisions of sections 253B.09 or 253B.18, the head of the 44.9 treatment facility shall immediately notify the patient's spouse 44.10 or parent and the county of the patient's legal residence if the 44.11 county may be liable for a portion of the cost of 44.12institutionalizationtreatment. If the committed person was 44.13 admitted upon the petition of a spouse or parent the head of the 44.14 treatment facility shall notify an interested person other than 44.15 the petitioner. 44.16 Subd. 4. [PRIVATEINSTITUTIONALIZATIONTREATMENT.] 44.17 Patients or other responsible persons are required to pay the 44.18 necessary charges for patients committed or transferred to 44.19 private treatment facilities. Private treatment facilities may 44.20 refuse to accept a committed person. 44.21 Subd. 5. [TRANSFER TO VOLUNTARY STATUS.] At any time prior 44.22 to the expiration of the initial commitment period, a patient 44.23 who has not been committed as mentally ill and dangerous to the 44.24 public may be transferred to voluntary status upon the patient's 44.25 application in writing with the consent of the head of the 44.26 facility. Upon transfer, the head of the treatment facility 44.27 shall immediately notify the court in writing and the court 44.28 shall terminate the proceedings. 44.29 Sec. 64. Minnesota Statutes 1996, section 253B.11, 44.30 subdivision 2, is amended to read: 44.31 Subd. 2. [FACILITIES.] Each county or a group of counties 44.32 shall maintain or provide by contract a facility for confinement 44.33 of persons held temporarily for observation, evaluation, 44.34 diagnosis, treatment, and care. When the temporary confinement 44.35 is provided at a regional center, the commissioner shall charge 44.36 the county of financial responsibility for the costs of 45.1 confinement of persons hospitalized under section 253B.05, 45.2 subdivisions 1 and 2, and section 253B.07, subdivision 6, except 45.3 that the commissioner shall bill the responsible prepaid plan 45.4 for medically necessary hospitalizations for individuals 45.5 enrolled in a prepaid plan under contract to provide medical 45.6 assistance, general assistance medical care, or MinnesotaCare 45.7 services. If the prepaid plan determines under the terms of the 45.8 medical assistance, general assistance medical care, or 45.9 MinnesotaCare contract that a hospitalization was not medically 45.10 necessary, the county is responsible. "County of financial 45.11 responsibility" means the county in which the person resides at 45.12 the time of confinement or, if the person has no residence in 45.13 this state, the county which initiated the confinement. The 45.14 charge shall be based on the commissioner's determination of the 45.15 cost of care pursuant to section 246.50, subdivision 5. When 45.16 there is a dispute as to which county is the county of financial 45.17 responsibility, the county charged for the costs of confinement 45.18 shall pay for them pending final determination of the dispute 45.19 over financial responsibility. Disputes about the county of 45.20 financial responsibility shall be submitted to the commissioner 45.21 to be settled in the manner prescribed in section 256G.09. 45.22 Sec. 65. Minnesota Statutes 1996, section 253B.11, is 45.23 amended by adding a subdivision to read: 45.24 Subd. 2a. [COST OF CARE.] Notwithstanding subdivision 2, a 45.25 county shall be responsible for the cost of care as specified 45.26 under section 246.54 for persons hospitalized at a regional 45.27 treatment center in accordance with section 253B.09 and the 45.28 person's legal status has been changed to a court hold under 45.29 section 253B.07, subdivision 6, pending a judicial determination 45.30 regarding continued commitment pursuant to sections 253B.12 and 45.31 253B.13. 45.32 Sec. 66. Minnesota Statutes 1996, section 253B.12, 45.33 subdivision 1, is amended to read: 45.34 Subdivision 1. [REPORTREPORTS.]Prior to the termination45.35of the initial commitment order or final discharge of the45.36patient, the head of the facility shall file a written report46.1with the committing court with a copy to the patient and46.2patient's counsel, setting(a) If a patient who was committed as 46.3 mentally ill, mentally retarded, or chemically dependent is 46.4 discharged from treatment within the first 60 days after the 46.5 date of the commitment order, the head of the treatment facility 46.6 shall file a written report with the committing court describing 46.7 the patient's need for further treatment. A copy of the report 46.8 must be provided to the county attorney, the patient, and the 46.9 patient's counsel. 46.10 (b) If a patient who was committed as mentally ill, 46.11 mentally retarded, or chemically dependent remains in treatment 46.12 more than 60 days after the date of the commitment, then at 46.13 least 60 days, but not more than 90 days, after the date of the 46.14 order, the head of the facility that has custody of the patient 46.15 shall file a written report with the committing court and 46.16 provide a copy to the county attorney, the patient, and the 46.17 patient's counsel. The report must set forth in detailed 46.18 narrative form at least the following: 46.19 (1) the diagnosis of the patient with the supporting data; 46.20 (2) the anticipated discharge date; 46.21 (3) an individualized treatment plan; 46.22 (4) a detailed description of the discharge planning 46.23 process with suggested after care plan; 46.24 (5) whether the patient is in need of further care and 46.25 treatmentwith, the treatment facility which is needed, and 46.26 evidence to support the response; 46.27 (6)whether any further care and treatment must be provided46.28in a treatment facility with evidence to support the response;46.29(7) whether in the opinion of the head of the facility the46.30patient must continue to be committed to a treatment facility;46.31(8)whetherin the opinion of the head of the facilitythe 46.32 patient satisfies the statutory requirement for continued 46.33 commitment to a treatment facility, with documentation to 46.34 support the opinion; and 46.35(9)(7) whether the administration of neuroleptic 46.36 medication is clinically indicated, whether the patient is able 47.1 to give informed consent to that medication, and the basis for 47.2 these opinions. 47.3 (c) Prior to the termination of the initial commitment 47.4 order or final discharge of the patient, the head of the 47.5 treatment facility that has custody or care of the patient shall 47.6 file a written report with the committing court with a copy to 47.7 the patient and the patient's counsel that sets forth the 47.8 information required in paragraph (b). 47.9 (d) If the patient has been provisionally discharged from a 47.10 treatment facility, the report shall be prepared by the 47.11 designated agency. 47.12 (e) If no written report is filed within the required time, 47.13 or if a report describes the patient as not in need of further 47.14 institutional care and treatment, the proceedings must be 47.15 terminated by the committing court and the patient discharged 47.16 from the treatment facility. 47.17 Sec. 67. Minnesota Statutes 1996, section 253B.12, is 47.18 amended by adding a subdivision to read: 47.19 Subd. 2a. [TIME FOR HEARING.] Unless the proceedings are 47.20 terminated under subdivision 1, paragraph (e), a review hearing 47.21 must be held within 14 days after receipt by the committing 47.22 court of the report required under subdivision 1, paragraph (c) 47.23 or (d), and before the time the commitment expires. For good 47.24 cause shown, the court may continue the hearing for up to an 47.25 additional 14 days and extend any orders until the review 47.26 hearing is held. 47.27 The patient, the patient's counsel, the petitioner, and 47.28 other persons as the court directs must be given at least five 47.29 days' notice of the time and place of the hearing. 47.30 Sec. 68. Minnesota Statutes 1996, section 253B.12, 47.31 subdivision 3, is amended to read: 47.32 Subd. 3. [EXAMINATION.] Prior to the review hearing, the 47.33 court shall inform the patient of the right to an independent 47.34 examination by an examiner chosen by the patient and appointed 47.35 in accordance with provisions of section 253B.07, subdivision 47.36 3. The report of the examiner may be submitted at the hearing. 48.1 Sec. 69. Minnesota Statutes 1996, section 253B.12, 48.2 subdivision 4, is amended to read: 48.3 Subd. 4. [HEARING; STANDARD OF PROOF.] The committing 48.4 court shall not make a final determination of the need to 48.5 continue commitment unlessa hearing is held andthe court finds 48.6 by clear and convincing evidence that (1) the person continues 48.7 to be mentally ill, mentally retarded, or chemically dependent; 48.8 (2) involuntary commitment is necessary for the protection of 48.9 the patient or others; and (3) there is no alternative to 48.10 involuntary commitment. 48.11 In determining whether a person continues to be mentally 48.12 ill, chemically dependent, or mentally retarded, the court need 48.13 not find that there has been a recent attempt or threat to 48.14 physically harm self or others, or a recent failure to provide 48.15 necessary personal food, clothing, shelter, or medical care. 48.16 Instead, the court must find that the patient is likely to 48.17 attempt to physically harm self or others, or to fail to provide 48.18 necessary personal food, clothing, shelter, or medical care 48.19 unless involuntary commitment is continued. 48.20 Sec. 70. Minnesota Statutes 1996, section 253B.13, 48.21 subdivision 1, is amended to read: 48.22 Subdivision 1. [MENTALLY ILL OR CHEMICALLY DEPENDENT 48.23 PERSONS.] If at the conclusion of a review hearingheld pursuant48.24to section 253B.12, it is found that the criteria for continued48.25commitment have been satisfied,the court finds that the person 48.26 continues to be mentally ill or chemically dependent and in need 48.27 of treatment or supervision, the court shall determine the 48.28probablelength of continued commitmentnecessary. No period of 48.29 commitment shall exceed this length of time or 12 months, 48.30 whichever is less. 48.31 At the conclusion of the prescribed period, commitment may 48.32 not be continued unless a new petition is filed pursuant to 48.33 section 253B.07 and hearing and determination made on it. 48.34 Notwithstanding the provisions of section 253B.09, subdivision 48.35 5, the initial commitment period under the new petition shall be 48.36 the probable length of commitment necessary or 12 months, 49.1 whichever is less. The standard of proof at the hearing on the 49.2 new petition shall be the standard specified in section 253B.12, 49.3 subdivision 4. 49.4 Sec. 71. Minnesota Statutes 1996, section 253B.13, 49.5 subdivision 2, is amended to read: 49.6 Subd. 2. [MENTALLY RETARDED PERSONS.] If, at the 49.7 conclusion of a review hearingheld pursuant to section 253B.12,49.8it is foundthe court finds that the person continues to be 49.9 mentally retarded, the court shall order commitment of the 49.10 person for an indeterminate period of time, subject to the 49.11 reviews required by section 253B.03, subdivisions 5 and 7, and 49.12 subject to the right of the patient to seek judicial review of 49.13 continued commitment. 49.14 Sec. 72. Minnesota Statutes 1996, section 253B.14, is 49.15 amended to read: 49.16 253B.14 [TRANSFER OF COMMITTED PERSONS.] 49.17 The commissioner may transfer any committed person, other 49.18 than a person committed as mentally ill and dangerous to the 49.19 public, from one regional treatment center to any other 49.20institutiontreatment facility under the commissioner's 49.21 jurisdiction which is capable of providing proper care and 49.22 treatment. When a committed person is transferred from one 49.23 treatment facility to another, written notice shall be given to 49.24 the committing court, the county attorney, the patient's 49.25 counsel, and to the person's parent or spouse or, if none is 49.26 known, to an interested person, and the designated agency. 49.27 Sec. 73. [253B.141] [AUTHORITY TO DETAIN AND TRANSPORT A 49.28 MISSING PATIENT.] 49.29 Subdivision 1. [REPORT OF ABSENCE.] (a) If a patient 49.30 committed under this chapter or detained under a court-ordered 49.31 hold is absent without authorization, and either: (1) does not 49.32 return voluntarily within 72 hours of the time the unauthorized 49.33 absence began; or (2) is considered by the head of the treatment 49.34 facility to be a danger to self or others, then the head of the 49.35 treatment facility shall report the absence to the local law 49.36 enforcement agency. The head of the treatment facility shall 50.1 also notify the committing court that the patient is absent and 50.2 that the absence has been reported to the local law enforcement 50.3 agency. The committing court may issue an order directing the 50.4 law enforcement agency to transport the patient to an 50.5 appropriate facility. 50.6 (b) Upon receiving a report that a patient subject to this 50.7 section is absent without authorization, the local law 50.8 enforcement agency shall enter information on the patient 50.9 through the criminal justice information system into the missing 50.10 persons file of the National Crime Information Center computer 50.11 according to the missing persons practices. 50.12 Subd. 2. [APPREHENSION; RETURN TO FACILITY.] (a) Upon 50.13 receiving the report of absence from the head of the treatment 50.14 facility or the committing court, a patient may be apprehended 50.15 and held by a peace officer in any jurisdiction pending return 50.16 to the facility from which the patient is absent without 50.17 authorization. A patient may also be returned to any facility 50.18 operated by the commissioner. A mentally ill and dangerous 50.19 person, a sexual psychopathic personality patient, or a sexually 50.20 dangerous person committed under section 253B.18 and detained 50.21 under this subdivision may be held in a jail or lockup only if: 50.22 (1) there is no other feasible place of detention for the 50.23 patient; 50.24 (2) the detention is for less than 24 hours; and 50.25 (3) there are protections in place, including segregation 50.26 of the patient, to ensure the safety of the patient. 50.27 (b) If a patient is detained under this subdivision, the 50.28 head of the treatment facility from which the patient is absent 50.29 shall arrange to pick up the patient within 24 hours of the time 50.30 detention was begun and shall be responsible for securing 50.31 transportation for the patient to the facility. The expense of 50.32 detaining and transporting a patient shall be the responsibility 50.33 of the treatment facility from which the patient is absent. The 50.34 expense of detaining and transporting a patient to a treatment 50.35 facility operated by the department of human services shall be 50.36 paid by the commissioner unless paid by the patient or persons 51.1 on behalf of the patient. 51.2 Subd. 3. [NOTICE OF APPREHENSION.] Immediately after an 51.3 absent patient is located, the head of the treatment facility 51.4 from which the patient is absent, or the law enforcement agency 51.5 that located or returned the absent patient, shall notify the 51.6 law enforcement agency that first received the absent patient 51.7 report under this section and that agency shall cancel the 51.8 missing persons entry from the National Crime Information Center 51.9 computer. 51.10 Sec. 74. Minnesota Statutes 1996, section 253B.15, 51.11 subdivision 1, is amended to read: 51.12 Subdivision 1. [PROVISIONAL DISCHARGE.] The head of the 51.13 treatment facility may provisionally discharge any patient 51.14 without discharging the commitment, unless the patient was found 51.15 by the committing court to be mentally ill and dangerous to the 51.16 public. 51.17 Each patient released on provisional discharge shall have 51.18ana written aftercare plan developed which specifies the 51.19 services and treatment to be provided as part of the aftercare 51.20 plan, the financial resources available to pay for the services 51.21 specified, the expected period of provisional discharge, the 51.22 precise goals for the granting of a final discharge, and 51.23 conditions or restrictions on the patient during the period of 51.24 the provisional discharge. The aftercare plan shall be provided 51.25 to the patient, the patient's attorney, and the designated 51.26 agency. 51.27 The aftercare plan shall be reviewed on a quarterly basis 51.28 by the patient, designated agency and other appropriate persons. 51.29 The aftercare plan shall contain the grounds upon which a 51.30 provisional discharge may be revoked. The provisional discharge 51.31 shall terminate on the date specified in the plan unless 51.32 specific action is taken to revoke or extend it. 51.33 Sec. 75. Minnesota Statutes 1996, section 253B.15, 51.34 subdivision 1a, is amended to read: 51.35 Subd. 1a. [CASE MANAGERREPRESENTATIVE OF DESIGNATED 51.36 AGENCY.] Before a provisional discharge is granted, a 52.1 representative of the designated agency must be identifiedas52.2the case manager. The case manager shallto ensure continuity 52.3 of care by being involved with the treatment facility and the 52.4 patient prior to the provisional discharge. Thecase manager52.5 representative of the designated agency shall coordinate plans 52.6 for and monitor the patient's aftercare program. When the 52.7 patient is on a provisional discharge, the representative of the 52.8 designated agency shall provide the treatment report to the 52.9 court required under section 253B.12, subdivision 1. 52.10 Sec. 76. Minnesota Statutes 1996, section 253B.15, 52.11 subdivision 2, is amended to read: 52.12 Subd. 2. [REVOCATION OF PROVISIONAL DISCHARGE.] Thehead52.13of the treatment facilitydesignated agency may revoke a 52.14 provisional discharge if: 52.15 (i) The patient has violated material conditions of the 52.16 provisional discharge, and the violation creates the need to 52.17 return the patient tothe facilitya more restrictive setting; 52.18 or, 52.19 (ii) There exists a serious likelihood that the safety of 52.20 the patient or others will be jeopardized, in that either the 52.21 patient's need for food, clothing, shelter, or medical care are 52.22 not being met, or will not be met in the near future, or the 52.23 patient has attempted or threatened to seriously physically harm 52.24 self or others; and 52.25 (iii) revocation is the least restrictive alternative 52.26 available. 52.27 Any interested person, including the designated agency,may 52.28 request that thehead of the treatment facilitydesignated 52.29 agency revoke the patient's provisional discharge. Any person 52.30 making a request shall provide the head of thetreatment52.31facilitydesignated agency with a written report setting forth 52.32 the specific facts, including witnesses, dates and locations, 52.33 supporting a revocation, demonstrating that every effort has 52.34 been made to avoid revocation and that revocation is the least 52.35 restrictive alternative available. 52.36 Sec. 77. Minnesota Statutes 1996, section 253B.15, 53.1 subdivision 3, is amended to read: 53.2 Subd. 3. [PROCEDURE; NOTICE.]When the possibility of53.3revocation becomes apparent, the designated agency shall notify53.4the patient, the patient's attorney, and all participants in the53.5plan, and every effort shall be made to prevent revocation.53.6 Revocation shall be commenced byathe designated agency's 53.7 written notice of intent to revoke provisional discharge, which53.8shall be served upongiven to the patient, the patient's 53.9 attorney, and thedesignated agencytreatment facility. The 53.10 notice shall set forth the grounds upon which the intention to 53.11 revoke is based, and shall inform the patient of the rights of a 53.12 patient under this chapter. 53.13 Sec. 78. Minnesota Statutes 1996, section 253B.15, is 53.14 amended by adding a subdivision to read: 53.15 Subd. 3a. [REPORT TO THE COURT.] Within 48 hours of giving 53.16 notice to the patient, the designated agency shall file with the 53.17 court a copy of the notice and a report setting forth the 53.18 specific facts, including witnesses, dates and locations, which 53.19 (1) support revocation, (2) demonstrate that revocation is the 53.20 least restrictive alternative available, and (3) show that 53.21 specific efforts were made to avoid revocation. The designated 53.22 agency shall provide copies of the report to the patient, the 53.23 patient's attorney, the county attorney, and the treatment 53.24 facility within 48 hours of giving notice to the patient under 53.25 subdivision 3. 53.26 Sec. 79. Minnesota Statutes 1996, section 253B.15, is 53.27 amended by adding a subdivision to read: 53.28 Subd. 3b. [REVIEW.] The patient may request judicial 53.29 review of the intended revocation by filing a petition for 53.30 review and an affidavit with the committing court. The 53.31 affidavit shall state specific grounds for opposing the 53.32 revocation. If the patient does not file a petition for review 53.33 within five days of receiving the notice under subdivision 3, 53.34 revocation of the provisional discharge is final and the court, 53.35 without hearing, may order the patient into a treatment 53.36 facility. If the patient files a petition for review, the court 54.1 shall review the petition and determine whether a genuine issue 54.2 exists as to the propriety of the revocation. The burden of 54.3 proof is on the designated agency to show that no genuine issue 54.4 exists as to the propriety of the revocation. If the court 54.5 finds that no genuine issue exists as to the propriety of the 54.6 revocation, the revocation of the provisional discharge is final. 54.7 Sec. 80. Minnesota Statutes 1996, section 253B.15, is 54.8 amended by adding a subdivision to read: 54.9 Subd. 3c. [HEARING.] If the court finds under subdivision 54.10 3b that a genuine issue exists as to the propriety of the 54.11 revocation, the court shall hold a hearing on the petition 54.12 within three days after the patient files the petition. The 54.13 court may continue the review hearing for an additional five 54.14 days upon any party's showing of good cause. At the hearing, 54.15 the burden of proof is on the designated agency to show a 54.16 factual basis for the revocation. At the conclusion of the 54.17 hearing, the court shall make specific findings of fact. The 54.18 court shall affirm the revocation if it finds: 54.19 (1) a factual basis for revocation due to: 54.20 (i) a violation of the material conditions of the 54.21 provisional discharge that creates a need for the patient to 54.22 return to a more restrictive setting; or 54.23 (ii) a probable danger of harm to the patient or others if 54.24 the provisional discharge is not revoked; and 54.25 (2) that revocation is the least restrictive alternative 54.26 available. 54.27 If the court does not affirm the revocation, the court 54.28 shall order the patient returned to provisional discharge status. 54.29 Sec. 81. Minnesota Statutes 1996, section 253B.15, 54.30 subdivision 5, is amended to read: 54.31 Subd. 5. [RETURN TO FACILITY.]The case manager mayWhen 54.32 the designated agency serves notice of the intent to revoke a 54.33 patient's provisional discharge, it may also apply to the 54.34 committing court for an order directing that the patient be 54.35 returned tothea facility. The court may order the patient 54.36 returned tothea facility prior to a review hearing only upon 55.1 finding that immediate return tothea facility is necessaryto55.2avoid serious, imminent harm to the patient or othersbecause 55.3 there is a serious likelihood that the safety of the patient or 55.4 others will be jeopardized, in that (1) the patient's need for 55.5 food, clothing, shelter, or medical care is not being met, or 55.6 will not be met in the near future, or (2) the patient has 55.7 attempted or threatened to seriously harm self or others. If a 55.8 voluntary return is not arranged, the head of the treatment 55.9 facility may request a health officer, a welfare officer, or a 55.10 peace officer to return the patient to the treatment facility 55.11 from which the patient was released or to any other treatment 55.12 facility which consents to receive the patient. If necessary, 55.13 the head of the treatment facility may request the committing 55.14 court to direct a health or peace officer in the county where 55.15 the patient is located to return the patient to the treatment 55.16 facility or to another treatment facility which consents to 55.17 receive the patient. The expense of returning the patient to a 55.18 regional treatmentfacilitycenter shall be paid by the 55.19 commissioner unless paid by the patient or the patient's 55.20 relatives. If the court orders the patient to return to the 55.21 treatment facility and the patient wants judicial review of the 55.22 revocation, the patient must file the petition for review and 55.23 affidavit required under subdivision 3b within 48 hours of 55.24 receipt of the notice of the intent to revoke. 55.25 Sec. 82. Minnesota Statutes 1996, section 253B.15, 55.26 subdivision 10, is amended to read: 55.27 Subd. 10. [VOLUNTARY RETURN.] With the consent of the head 55.28 of the treatment facility, a patient may voluntarily return to 55.29 inpatient status at the treatment facility as follows: 55.30 (a) Asan informala voluntary patient, in which case the 55.31 patient's commitment is discharged; 55.32 (b) As a committed patient, in which case the patient's 55.33 provisional discharge is voluntarily revoked; or 55.34 (c) On temporary return from provisional discharge, in 55.35 which case both the commitment and the provisional discharge 55.36 remain in effect. 56.1 Prior to readmission, the patient shall be informed of 56.2 status upon readmission. 56.3 Sec. 83. Minnesota Statutes 1996, section 253B.16, 56.4 subdivision 1, is amended to read: 56.5 Subdivision 1. [DATE.] The head of a treatment facility 56.6 shall discharge any patient admitted as mentally illor, 56.7 chemically dependent, or a person with mental retardation 56.8 admitted under Minnesota Rules of Criminal Procedure, rules 56.9 20.01 and 20.02, to the secure bed component of the Minnesota 56.10 extended treatment options whencertified bythe head of the 56.11 facilityto becertifies that the person is no longer in need of 56.12institutionalcare and treatment or at the conclusion of any 56.13 period of time specified in the commitment order, whichever 56.14 occurs first. The head of a treatment facility shall discharge 56.15 any person admitted as mentally retarded, except those admitted 56.16 under Minnesota Rules of Criminal Procedure, rules 20.01 and 56.17 20.02, to the secure bed component of the Minnesota extended 56.18 treatment options, when that person's screening team has 56.19 determined, under section 256B.092, subdivision 8, that the 56.20 person's needs can be met by services provided in the community 56.21 and a plan has been developed in consultation with the 56.22 interdisciplinary team to place the person in the available 56.23 community services. 56.24 Sec. 84. Minnesota Statutes 1996, section 253B.17, 56.25 subdivision 1, is amended to read: 56.26 Subdivision 1. [PETITION.] Any patient, except one 56.27 committed as mentally ill and dangerous to the public, or any 56.28 interested person may petition the committing court or the court 56.29 to which venue has been transferred for an order that the 56.30 patient is not in need of continuedinstitutionalizationcare 56.31 and treatment or for an order that an individual is no longer 56.32 mentally ill, mentally retarded, or chemically dependent, or for 56.33 any other reliefas the court deems just and equitable. A 56.34 patient committed as mentally ill or mentally ill and dangerous 56.35 may petition the committing court or the court to which venue 56.36 has been transferred for a hearing concerning the administration 57.1 of neuroleptic medication. 57.2 Sec. 85. Minnesota Statutes 1996, section 253B.17, 57.3 subdivision 3, is amended to read: 57.4 Subd. 3. [EXAMINERS.] The court shall appoint an examiner 57.5 and, at the patient's request, shall appoint a second examiner 57.6 of the patient's choosing to be paid for by the county at a rate 57.7 of compensation to be fixed by the court. Unless otherwise 57.8 agreed by the parties, the examiners shall file a report with 57.9 the court not less than 48 hours prior to the hearing under this 57.10 section. 57.11 Sec. 86. Minnesota Statutes 1996, section 253B.18, 57.12 subdivision 1, is amended to read: 57.13 Subdivision 1. [PROCEDURE.] Upon the filing of a petition 57.14 alleging that a proposed patient is mentally ill and dangerous 57.15 to the public, the court shall hear the petition as provided in 57.16 sections 253B.07 and 253B.08. If the court finds by clear and 57.17 convincing evidence that the proposed patient is mentally ill 57.18 and dangerous to the public, it shall commit the person tothe57.19Minnesota Security Hospital, a regional center designated by the57.20commissioner or toa secure treatment facility or to a treatment 57.21 facility willing to accept the patient under commitment. In any 57.22 case where the petition was filed immediately following the 57.23 acquittal of the proposed patient for a crime against the person 57.24 pursuant to a verdict of not guilty by reason of mental illness, 57.25 the verdict constitutes evidence that the proposed patient is 57.26 mentally ill and dangerous within the meaning of this section 57.27and shifts. The proposed patient has the burden of going 57.28 forward in the presentation of evidenceto the proposed patient;57.29provided that. The standard of proof remains as required by 57.30 this chapter. Upon commitment, admission procedures shall be 57.31 carried out pursuant to section 253B.10. 57.32 Sec. 87. Minnesota Statutes 1996, section 253B.18, 57.33 subdivision 2, is amended to read: 57.34 Subd. 2. [REVIEW; HEARING.] A written treatment report 57.35 shall be filed by the treatment facility with the committing 57.36 court within 60 days after commitment. If the person is in the 58.1 custody of the commissioner of corrections when the initial 58.2 commitment is ordered under subdivision 1, the written treatment 58.3 report must be filed within 60 days after the person is admitted 58.4 tothe Minnesota security hospital or a private hospital58.5receiving the persona secure treatment facility. The court,58.6prior to makingshall hold a hearing to make a final 58.7 determinationwith regard to aas to whether the person 58.8initiallyshould remain committed as mentally ill and dangerous 58.9 to the public, shall hold a hearing. The hearing shall be held 58.10 within the earlier of 14 days of the court's receipt of the 58.11 written treatment report,if one is filed,or within 90 days of 58.12 the date of initial commitment or admission, unless otherwise 58.13 agreed by the parties. If the court finds that the 58.14 patientqualifies for commitmentshould be committed as mentally 58.15 ill, but not as mentally ill and dangerous to the public, the 58.16 court may commit the person as a mentally ill person and the 58.17 person shall be deemed not to have been found to be dangerous to 58.18 the public for the purposes of subdivisions 4 to 15. Failure of 58.19 the treatment facility to provide the required report at the end 58.20 of the 60-day period shall not result in automatic discharge of 58.21 the patient. 58.22 Sec. 88. Minnesota Statutes 1996, section 253B.18, 58.23 subdivision 3, is amended to read: 58.24 Subd. 3. [INDETERMINATE COMMITMENT.] If the court finds at 58.25 the final determination hearing held pursuant to subdivision 2 58.26 that the patient continues to be mentally ill and dangerous, 58.27 then the court shall order commitment of the proposed patient 58.28 for an indeterminate period of time.Subsequent toAfter a 58.29 final determination that a patient is mentally ill and dangerous 58.30 to the public, the patient shall be transferred, provisionally 58.31 discharged or discharged, only as provided in this section. 58.32 Sec. 89. Minnesota Statutes 1996, section 253B.18, 58.33 subdivision 4, is amended to read: 58.34 Subd. 4. [SPECIAL REVIEW BOARD.] The commissioner shall 58.35 establish a special review board for persons committed as 58.36 mentally ill and dangerous to the public. The board shall 59.1 consist of three members experienced in the field of mental 59.2 illness. One member of the special review board shall be a 59.3physicianpsychiatrist and one member shall be an attorney. No 59.4 member shall be affiliated with the department of human 59.5 services. The special review board shall meet at least every 59.6 six months and at the call of the commissioner. It shall hear 59.7 and consider all petitions for transfer out ofthe Minnesota59.8Security Hospitala secure treatment facility, all petitions 59.9relative tofor discharge, provisional discharge and revocation 59.10 of provisional discharge, and make recommendations to the 59.11 commissioner concerning them. Patients may be transferred by 59.12 the commissioner between secure treatment facilities without a 59.13 special review board hearing. 59.14 Members of the special review board shall receive 59.15 compensation and reimbursement for expenses as established by 59.16 the commissioner. 59.17 Sec. 90. Minnesota Statutes 1996, section 253B.18, 59.18 subdivision 4a, is amended to read: 59.19 Subd. 4a. [RELEASE ON PASS; NOTIFICATION.] A patient who 59.20 has been committed as mentally ill and dangerous and who is 59.21 confined atthe Minnesota security hospitala secure treatment 59.22 facility shall not be released on a pass unless the pass is part 59.23 of a pass plan that has been approved by the medical director of 59.24 theMinnesota security hospitalsecure treatment facility. At 59.25 least ten days prior to a determination on the plan, the medical 59.26 director shall notify the designated agency, the committing 59.27 court, the county attorney of the county of commitment, an 59.28 interested person, the petitioner, and the petitioner's counsel 59.29 of the plan, the nature of the passes proposed, and their right 59.30 to object to the plan. If any notified person objects prior to 59.31 the proposed date of implementation, the person shall have an 59.32 opportunity to appear, personally or in writing, before the 59.33 medical director, within ten days of the objection, to present 59.34 grounds for opposing the plan. The pass plan shall not be 59.35 implemented until the objecting person has been furnished that 59.36 opportunity. Nothing in this subdivision shall be construed to 60.1 give a patient an affirmative right to a pass plan. 60.2 Sec. 91. Minnesota Statutes 1996, section 253B.18, 60.3 subdivision 4b, is amended to read: 60.4 Subd. 4b. [PASS-ELIGIBLE STATUS; NOTIFICATION.] The 60.5 following patients committed tothe Minnesota security hospital60.6 a secure treatment facility shall not be placed on pass-eligible 60.7 status unless that status has been approved by the medical 60.8 director of theMinnesota security hospitalsecure treatment 60.9 facility: 60.10 (a) a patient who has been committed as mentally ill and 60.11 dangerous and who 60.12 (1) was found incompetent to proceed to trial for a felony 60.13 or was found not guilty by reason of mental illness of a felony 60.14 immediately prior to the filing of the commitment petition; 60.15 (2) was convicted of a felony immediately prior to or 60.16 during commitment as mentally ill and dangerous; or 60.17 (3) is subject to a commitment to the commissioner of 60.18 corrections; and 60.19 (b) a patient who has been committed as a psychopathic 60.20 personality,as defined in section 526.09a sexually 60.21 psychopathic personality, or a sexually dangerous person. 60.22 At least ten days prior to a determination on the status, 60.23 the medical director shall notify the committing court, the 60.24 county attorney of the county of commitment, the designated 60.25 agency, an interested person, the petitioner, and the 60.26 petitioner's counsel of the proposed status, and their right to 60.27 request review by the special review board. If within ten days 60.28 of receiving notice any notified person requests review by 60.29 filing a notice of objection with the commissioner and the head 60.30 of the treatment facility, a hearing shall be held before the 60.31 special review board. The proposed status shall not be 60.32 implemented unless it receives a favorable recommendation by a 60.33 majority of the board and approval by the commissioner. The 60.34 order of the commissioner is appealable as provided in section 60.35 253B.19. 60.36 Nothing in this subdivision shall be construed to give a 61.1 patient an affirmative right to seek pass-eligible status from 61.2 the special review board. 61.3 Sec. 92. Minnesota Statutes 1996, section 253B.18, is 61.4 amended by adding a subdivision to read: 61.5 Subd. 4c. [SPECIAL REVIEW BOARD.] (a) The commissioner 61.6 shall establish one or more panels of a special review board for 61.7 persons committed as mentally ill and dangerous to the public. 61.8 The board shall consist of three members experienced in the 61.9 field of mental illness. One member of each special review 61.10 board panel shall be a psychiatrist and one member shall be an 61.11 attorney. No member shall be affiliated with the department of 61.12 human services. The special review board shall meet at least 61.13 every six months and at the call of the commissioner. It shall 61.14 hear and consider all petitions for transfer from a secure 61.15 treatment facility; all petitions relative to discharge, 61.16 provisional discharge, and revocation of provisional discharge; 61.17 and make recommendations to the commissioner concerning them. 61.18 (b) Members of the special review board shall receive 61.19 compensation and reimbursement for expenses as established by 61.20 the commissioner. 61.21 Sec. 93. Minnesota Statutes 1996, section 253B.18, 61.22 subdivision 5, is amended to read: 61.23 Subd. 5. [PETITION; NOTICE OF HEARING; ATTENDANCE; ORDER.] 61.24 (a) A petition for an order of transfer, discharge, provisional 61.25 discharge, or revocation of provisional discharge shall be filed 61.26 with the commissioner and may be filed by the patient or by the 61.27 head of the treatment facility.The special review board shall61.28hold a hearing on each petition prior to making any61.29recommendation. Within 45 days of the filing of the petition,A 61.30 patient may not petition the special review board for six months 61.31 following commitment under subdivision 3 or following the final 61.32 disposition of any previous petition and subsequent appeal by 61.33 the patient. The medical director may petition at any time. 61.34 (b) Fourteen days prior to the hearing, the committing 61.35 court, the county attorney of the county of commitment, the 61.36 designated agency,aninterested person, the petitioner, and the 62.1 petitioner's counsel shall be given written notice by the 62.2 commissioner of the time and place of the hearing before the 62.3 special review board. Only those entitled to statutory notice 62.4 of the hearing or those administratively required to attend may 62.5 be present at the hearing. The board shall provide the 62.6 commissioner with written findings of fact and recommendations 62.7 within 21 days of the hearing. The commissioner shall issue an 62.8 order no later than 14 days after receiving the recommendation 62.9 of the special review board. A copy of the order shall be sent 62.10 by certified mail to every person entitled to statutory notice 62.11 of the hearing within five days after it isissuedsigned. No 62.12 order by the commissioner shall be effective sooner than1530 62.13 days afterit is issuedthe order is signed, unless the county 62.14 attorney, the patient, and the commissioner agree that it may 62.15 become effective sooner. 62.16 (c) The special review board shall hold a hearing on each 62.17 petition prior to making its recommendation to the 62.18 commissioner. The special review board proceedings are not 62.19 contested cases as defined in chapter 14. Any person or agency 62.20 receiving notice that submits documentary evidence to the 62.21 special review board prior to the hearing shall also provide 62.22 copies to the patient, the patient's counsel, the county 62.23 attorney of the county of commitment, the case manager, and the 62.24 commissioner. 62.25 (d) The special review board shall hold a hearing on each 62.26 petition prior to making any recommendation. The special review 62.27 board shall make written findings and a recommendation to the 62.28 commissioner. The board shall make a recommendation to the 62.29 commissioner no later than 21 days after the hearing. 62.30 (e) Prior to the final decision by the commissioner, the 62.31 special review board may be reconvened to consider events or 62.32 circumstances that occurred subsequent to the hearing. 62.33 Sec. 94. Minnesota Statutes 1996, section 253B.18, 62.34 subdivision 6, is amended to read: 62.35 Subd. 6. [TRANSFER.](a) Persons who have been found by62.36the committing court to beMentally ill and dangerousto the63.1publicpatients shall not be transferred out ofthe Minnesota63.2Security Hospitala secure treatment facility unless it appears 63.3 to the satisfaction of the commissioner, after a hearing and 63.4 favorable recommendation by a majority of the special review 63.5 board, that the transfer is appropriate. Transfer may be to 63.6 other regional centers under the commissioner's control. In 63.7 those instances where a commitment also exists to the department 63.8 of corrections, transfer may be to a facility designated by the 63.9 commissioner of corrections. 63.10 The following factorsare tomust be considered in 63.11 determining whether a transfer is appropriate: 63.12 (i) the person's clinical progress and present treatment 63.13 needs; 63.14 (ii) the need for security to accomplish continuing 63.15 treatment; 63.16 (iii) the need for continued institutionalization; 63.17 (iv) which facility can best meet the person's needs; and 63.18 (v) whether transfer can be accomplished with a reasonable 63.19 degree of safety for the public. 63.20 Sec. 95. Minnesota Statutes 1996, section 253B.18, 63.21 subdivision 7, is amended to read: 63.22 Subd. 7. [PROVISIONAL DISCHARGE.]Patients who have been63.23found by the committing court to beMentally ill and dangerous 63.24to the publicpatients shall not be provisionally discharged 63.25 unless it appears to the satisfaction of the commissioner, after 63.26 a hearing and a favorable recommendation by a majority of the 63.27 special review board, that the patient is capable of making an 63.28 acceptable adjustment to open society. 63.29 The following factors are to be considered in determining 63.30 whether a provisional discharge shall be recommended: (a) 63.31 whether the patient's course of hospitalization and present 63.32 mental status indicate there is no longer a need forinpatient63.33 treatment and supervision in the patient's current treatment 63.34 setting; and (b) whether the conditions of the provisional 63.35 discharge plan will provide a reasonable degree of protection to 63.36 the public and will enable the patient to adjust successfully to 64.1 the community. 64.2 Sec. 96. Minnesota Statutes 1996, section 253B.18, 64.3 subdivision 9, is amended to read: 64.4 Subd. 9. [PROVISIONAL DISCHARGE; REVIEW.] A provisional 64.5 discharge pursuant to this section shall not automatically 64.6 terminate. A full discharge shall occur only as provided in 64.7 subdivision 15. The commissioner shallannually review the64.8facts relating to the activity of a patient on provisional64.9discharge andnotify the patient that the terms ofthea 64.10 provisional dischargeshallcontinue unless the patient requests 64.11 and is granted a change in the conditions of provisional 64.12 discharge or unless the patient petitions the special review 64.13 board for a full discharge and the discharge is granted. 64.14 Sec. 97. Minnesota Statutes 1996, section 253B.18, 64.15 subdivision 12, is amended to read: 64.16 Subd. 12. [RETURN OF PATIENT.] After revocation of a 64.17 provisional discharge or if the patient is absent without 64.18 authorization, the head of the treatment facility may request 64.19 the patient to return to the treatment facility voluntarily. 64.20 The head of the facility may request a health officer, a welfare 64.21 officer, or a peace officer to return the patient to the 64.22 treatment facility. If a voluntary return is not arranged, the 64.23 head of the treatment facility shall inform the committing court 64.24 of the revocation or absence and the court shall direct a health 64.25 or peace officer in the county where the patient is located to 64.26 return the patient to the treatment facility or to another 64.27 treatment facility. The expense of returning the patient to a 64.28 regional treatmentfacilitycenter shall be paid by the 64.29 commissioner unless paid by the patient orthe patient's64.30relativesother persons on the patient's behalf. 64.31 Sec. 98. Minnesota Statutes 1996, section 253B.18, 64.32 subdivision 14, is amended to read: 64.33 Subd. 14. [VOLUNTARY READMISSION.] (a) With the consent of 64.34 the head of the treatment facility, a patient may voluntarily 64.35 return from provisional discharge for a period of up to 30 64.36 daysand be released from the treatment facility without, or up 65.1 to 60 days with the consent of the designated agency. If the 65.2 patient is not returned to provisional discharge status within 65.3 60 days, the provisional discharge is revoked. Within 15 days 65.4 of receiving notice of the change in status, the patient may 65.5 request a review of the matter before the special review board. 65.6 The board may recommend a return to a provisional discharge 65.7 status. 65.8 (b) The treatment facility is not required to petition for 65.9 a further review by the special review board unless the 65.10 patient's return to the community results in substantive change 65.11 to the existing provisional discharge plan. All the terms and 65.12 conditions of the provisional discharge order shall remain 65.13 unchanged if the patient is released again. 65.14 Sec. 99. Minnesota Statutes 1996, section 253B.18, 65.15 subdivision 15, is amended to read: 65.16 Subd. 15. [DISCHARGE.] Aperson who has been found by the65.17committing court to bementally ill and dangerousto the public65.18 patient shall not be discharged unless it appears to the 65.19 satisfaction of the commissioner, after a hearing and a 65.20 favorable recommendation by a majority of the special review 65.21 board, that the patient is capable of making an acceptable 65.22 adjustment to open society, is no longer dangerous to the 65.23 public, and is no longer in need of inpatient treatment and 65.24 supervision. 65.25 In determining whether a discharge shall be recommended, 65.26 the special review board and commissioner shall consider whether 65.27 specific conditions exist to provide a reasonable degree of 65.28 protection to the public and to assist the patient in adjusting 65.29 to the community. If the desired conditions do not exist, the 65.30 discharge shall not be granted. 65.31 Sec. 100. Minnesota Statutes 1996, section 253B.185, 65.32 subdivision 4, is amended to read: 65.33 Subd. 4. [STATEWIDE JUDICIAL PANEL; SEXUAL PSYCHOPATHIC 65.34 PERSONALITY AND SEXUALLY DANGEROUS PERSONS COMMITMENTS.] (a) The 65.35 supreme court may establish a panel of district judges with 65.36 statewide authority to preside over commitment proceedings 66.1brought under subdivision 1of sexual psychopathic personalities 66.2 and sexually dangerous persons. Only one judge of the panel is 66.3 required to preside over a particular commitment proceeding. 66.4 Panel members shall serve for one-year terms. One of the judges 66.5 shall be designated as the chief judge of the panel, and is 66.6 vested with the power to designate the presiding judge in a 66.7 particular case, to set the proper venue for the proceedings, 66.8 and to otherwise supervise and direct the operation of the 66.9 panel. The chief judge shall designate one of the other judges 66.10 to act as chief judge whenever the chief judge is unable to act. 66.11 (b) If the supreme court creates the judicial panel 66.12 authorized by this section, all petitions for civil commitment 66.13 brought under subdivision 1 shall be filed with the supreme 66.14 court instead of with the district court in the county where the 66.15 proposed patient is present, notwithstanding any provision of 66.16 subdivision 1 to the contrary. Otherwise, all of the other 66.17 applicable procedures contained in this chapter apply to 66.18 commitment proceedings conducted by a judge on the panel. 66.19 Sec. 101. Minnesota Statutes 1996, section 253B.19, 66.20 subdivision 1, is amended to read: 66.21 Subdivision 1. [CREATION.] The supreme court shall 66.22 establish an appeal panel composed of three judges and four 66.23 alternate judges appointed from among the acting judges of the 66.24 state. Panel members shall serve for terms of one year each. 66.25 Only three judges need hear any case. One of the regular three 66.26 appointed judges shall be designated as the chief judge of the 66.27 appeal panel. The chief judge is vested with power to fix the 66.28 time and place of all hearings before the panel, issue all 66.29 notices, subpoena witnesses, appoint counsel for the patient, if 66.30 necessary, and supervise and direct the operation of the appeal 66.31 panel. The chief judge shall designate one of the other judges 66.32 or an alternate judge to act as chief judge in any case where 66.33 the chief judge is unable to act. No member of the appeal panel 66.34 shall take part in the consideration of any case in which that 66.35 judge committed the patient. The chief justice of the supreme 66.36 court shall determine the compensation of the judges serving on 67.1 the appeal panel. The compensation shall be in addition to 67.2 their regular compensation as judges. All compensation and 67.3 expenses of the appeal panel and all allowable fees and costs of 67.4 the patient's counsel shall be established and paid by the 67.5 department of human services. 67.6 Sec. 102. Minnesota Statutes 1996, section 253B.19, 67.7 subdivision 2, is amended to read: 67.8 Subd. 2. [PETITION; HEARING.] The committed person or the 67.9 county attorney of the county from which a patient was committed 67.10 as mentally ill and dangerous to the publicwas committed, or as 67.11 a sexual psychopathic personality or as a sexually dangerous 67.12 person may petition the appeal panel for a rehearing and 67.13 reconsideration of a decision by the commissioner. The petition 67.14 shall be filed with the supreme court within 30 days after the 67.15 decision of the commissioner is signed. The supreme court shall 67.16 refer the petition to the chief judge of the appeal panel. The 67.17 chief judge shall notify the patient, the county attorney of the 67.18 county of commitment, the designated agency, the commissioner, 67.19 the head of the treatment facility, any interested person, and 67.20 other persons the chief judge designates, of the time and place 67.21 of the hearing on the petition. The notice shall be given at 67.22 least 14 days prior to the date of the hearing. The hearing 67.23 shall be within 45 days of the filing of the petition unless an 67.24 extension is granted for good cause. Any person may oppose the 67.25 petition. The appeal panel may appoint examiners and may 67.26 adjourn the hearing from time to time. It shall hear and 67.27 receive all relevant testimony and evidence and make a record of 67.28 all proceedings. The patient, patient's counsel, and the county 67.29 attorney of the committing county may be present and present and 67.30 cross-examine all witnesses. The petitioning party bears the 67.31 burden of going forward with the evidence. The party opposing 67.32 discharge bears the burden of proof by clear and convincing 67.33 evidence that the respondent is in need of commitment. 67.34 Sec. 103. Minnesota Statutes 1996, section 253B.19, 67.35 subdivision 3, is amended to read: 67.36 Subd. 3. [DECISION.] A majority of the appeal panel shall 68.1 rule upon the petition. The order of the appeal panel shall 68.2 supersede the order of the commissioner in the cases. No order 68.3 of the appeal panel granting a transfer, discharge or 68.4 provisional discharge shall be made effective sooner than 15 68.5 days after it is issued. The panel shall not modify conditions 68.6 of a transfer or provisional discharge from those approved by 68.7 the commissioner without the commissioner's consent. The panel 68.8 may not consider petitions for relief other than those 68.9 considered by the commissioner from which the appeal is taken. 68.10 The panel may not grant a transfer or provisional discharge on 68.11 terms or conditions that were not presented to the commissioner 68.12 or the special review board. 68.13 Sec. 104. Minnesota Statutes 1996, section 253B.19, 68.14 subdivision 5, is amended to read: 68.15 Subd. 5. [APPEAL.] A party aggrieved by an order of the 68.16 appeal panel may appeal from the decision of the appeal panel to 68.17 the court of appeals as in other civil cases. A party may seek 68.18 review of a decision by the appeals panel within 60 days after a 68.19 copy is sent to the parties by the clerk of appellate courts. 68.20 The filing of an appeal shall immediately suspend the operation 68.21 of any order granting transfer, discharge or provisional 68.22 discharge, pending the determination of the appeal. 68.23 Sec. 105. Minnesota Statutes 1996, section 253B.20, 68.24 subdivision 1, is amended to read: 68.25 Subdivision 1. [NOTICE TO COURT.] When a committed person 68.26 is discharged, provisionally discharged, transferred to another 68.27 treatment facility, or partially hospitalized, or when the 68.28 person dies, is absent without authorization, or is returned, 68.29 the treatment facility having custody of the patient shall 68.30 notify the committing court, the county attorney, and the 68.31 patient's attorney. 68.32 Sec. 106. Minnesota Statutes 1996, section 253B.20, 68.33 subdivision 3, is amended to read: 68.34 Subd. 3. [NOTICE TO DESIGNATED AGENCY.] The head of the 68.35 treatment facility, upon the provisional dischargeor partial68.36institutionalizationof any committed person, shall notify the 69.1 designated agency before the patient leaves the treatment 69.2 facility. Whenever possible the notice shall be given at least 69.3 one week before the patient is to leave the facility. 69.4 Sec. 107. Minnesota Statutes 1996, section 253B.20, 69.5 subdivision 4, is amended to read: 69.6 Subd. 4. [AFTERCARE SERVICES.] Prior to the date of 69.7 discharge,or provisional dischargeor partial69.8institutionalizationof any committed person, the designated 69.9 agency of the county of the patient's residence, in cooperation 69.10 with the head of the treatment facility, and the patient's 69.11 physician, if notified pursuant to subdivision 6, shall 69.12 establish a continuing plan of aftercare services for the 69.13 patient including a plan for medical and psychiatric treatment, 69.14 nursing care, vocational assistance, and other assistance the 69.15 patient needs. The designated agency shall provide case 69.16 management services, supervise and assist the patient in finding 69.17 employment, suitable shelter, and adequate medical and 69.18 psychiatric treatment, and aid in the patient's readjustment to 69.19 the community. 69.20 Sec. 108. Minnesota Statutes 1996, section 253B.20, 69.21 subdivision 6, is amended to read: 69.22 Subd. 6. [NOTICE TO PHYSICIAN.] The head of the treatment 69.23 facility shall notify the physician of any committed person at 69.24 the time of the patient's discharge,or provisional dischargeor69.25partial institutionalization, unless the patient objects to the 69.26 notice. 69.27 Sec. 109. Minnesota Statutes 1996, section 253B.20, 69.28 subdivision 7, is amended to read: 69.29 Subd. 7. [SERVICES.] A committed person may at any time 69.30 after discharge, provisional discharge or partial 69.31institutionalizationtreatment, apply to the head of the 69.32 treatment facility within whose district the committed person 69.33 resides for treatment. The head of the treatment facility , on 69.34 determining that the applicant requires service, may provide 69.35 needed services related to mental illness, mental retardation, 69.36 or chemical dependency to the applicant. The services shall be 70.1 provided in regional centers under terms and conditions 70.2 established by the commissioner. 70.3 Sec. 110. Minnesota Statutes 1996, section 253B.21, 70.4 subdivision 4, is amended to read: 70.5 Subd. 4. [FOREIGN JUDGMENTS.] The judgment or order of 70.6 commitment by a court of competent jurisdiction of another state 70.7 committing a person to a federal agency for care or treatment in 70.8 this state, shall have the same force and effect as to the 70.9 committed person while in this state as in the jurisdiction in 70.10 which is situated the court entering the judgment or making the 70.11 order.Consent is given to the application of the law ofThe 70.12 committing statein respectconsents to the authority of the 70.13 chief officer of any treatment facility of a federal agency in 70.14 this state, to retain custody of, transfer, parole, or discharge 70.15 the committed person. 70.16 Sec. 111. Minnesota Statutes 1996, section 253B.22, 70.17 subdivision 1, is amended to read: 70.18 Subdivision 1. [ESTABLISHMENT.] The commissioner shall 70.19 establish a review board of three or more persons for each 70.20 regional center to review the admission and retention of its 70.21 patientsinstitutionalizedreceiving services under this chapter. 70.22 One member shall be qualified in the diagnosis of mental 70.23 illness, mental retardation, or chemical dependency, and one 70.24 member shall be an attorney. The commissioner may, upon written 70.25 request from the appropriate federal authority, establish a 70.26 review panel for any federal treatment facility within the state 70.27 to review the admission and retention of patients hospitalized 70.28 under this chapter. For any review board established for a 70.29 federal treatment facility, one of the persons appointed by the 70.30 commissioner shall be the commissioner of veterans affairs or 70.31 the commissioner's designee. 70.32 Sec. 112. Minnesota Statutes 1996, section 253B.23, 70.33 subdivision 1, is amended to read: 70.34 Subdivision 1. [COSTS OF HEARINGS.] (a) In each proceeding 70.35 under this chapter the court shall allow and order paid to each 70.36 witness subpoenaed the fees and mileage prescribed by law; to 71.1 each examiner a reasonable sum for services and for travel; to 71.2 persons conveying the patient to the place of detention, 71.3 disbursements for the travel, board, and lodging of the patient 71.4 and of themselves and their authorized assistants; and to the 71.5 patient's counsel, when appointed by the court, a reasonable sum 71.6 for travel and for the time spent in court or in preparing for 71.7 the hearing. Upon the court's order, the county auditor shall 71.8 issue a warrant on the county treasurer for payment of the 71.9 amounts allowed. 71.10 (b) Whenever venue of a proceeding has been transferred 71.11 under this chapter, the costs of the proceedings shall be 71.12 reimbursed to the county where the proceedings were conducted by 71.13 the county of the patient's residenceby the state. 71.14 Sec. 113. Minnesota Statutes 1996, section 253B.23, 71.15 subdivision 4, is amended to read: 71.16 Subd. 4. [IMMUNITY.] All persons acting in good faith, 71.17 upon either actual knowledge or information thought by them to 71.18 be reliable, who act pursuant to any provision of this chapter 71.19 or who procedurally or physically assist in the commitment of 71.20 any individual, pursuant to this chapter, are not subject to any 71.21 civil or criminal liability under this chapter. Any privilege 71.22 otherwise existing between patient and physician, patient and 71.23 psychologist, patient and examiner, or patient and social 71.24 worker, is waived as to any physician, psychologist, examiner, 71.25 or social worker who provides information with respect to a 71.26 patient pursuant to any provision of this chapter. 71.27 Sec. 114. Minnesota Statutes 1996, section 253B.23, 71.28 subdivision 6, is amended to read: 71.29 Subd. 6. [COURT COMMISSIONER.] The Ramsey county court 71.30 commissioner mayact for the judge upon a petition for the71.31commitment of a patient when the judge is unable to acthear and 71.32 act upon petitions for commitment. 71.33 Sec. 115. Minnesota Statutes 1996, section 253B.23, 71.34 subdivision 7, is amended to read: 71.35 Subd. 7. [APPEAL.] The commissioner or any other aggrieved 71.36 party may appeal to the court of appeals from any order entered 72.1 under this chapter as in other civil cases. Any district court 72.2 order or judgment under this chapter or related case law may be 72.3 appealed within 60 days after the date of filing of the order or 72.4 entry of judgment. A judgment under section 253B.18, 72.5 subdivision 1, may be appealed within 60 days after the date of 72.6 the order entered under section 253B.18, subdivision 2. 72.7 Upon perfection of the appeal, the return shall be filed 72.8 forthwith. The court of appeals shall hear the appeal within6072.9 90 days after service of the notice of appeal. This appeal 72.10 shall not suspend the operation of the order appealed from until 72.11 the appeal is determined, unless otherwise ordered by the court 72.12 of appeals. 72.13 Sec. 116. Minnesota Statutes 1996, section 253B.23, 72.14 subdivision 9, is amended to read: 72.15 Subd. 9. [SEALING OF RECORDS.] Upon a motion by a person 72.16 who has been the subject of a judicial commitment proceeding, 72.17 the courtfor the county in which the person residesmay seal 72.18 all judicial records of the commitment proceedings if it finds 72.19 that access to the records creates undue hardship for the 72.20 person. The county attorney shall be notified of the motion and 72.21 may participate in the hearings. All hearings on the motion 72.22 shall be in camera. The files and records of the court in 72.23 proceedings on the motion shall be sealed except to the moving 72.24 party, the person's attorney, the county attorney, or other 72.25 persons by court order. 72.26 Sec. 117. [INSTRUCTION TO REVISOR.] 72.27 The revisor of statutes shall renumber Minnesota Statutes, 72.28 section 253B.093, to section 253B.097, and Minnesota Statutes, 72.29 section 253B.11, to section 253B.045, in 1996 and subsequent 72.30 editions of Minnesota Statutes. 72.31 Sec. 118. [REPEALER.] 72.32 Minnesota Statutes 1996, sections 253B.03, subdivisions 6c 72.33 and 9; 253B.05, subdivisions 2a and 5; 253B.07, subdivision 6; 72.34 253B.08, subdivisions 4 and 6; 253B.091; 253B.12, subdivisions 5 72.35 and 8; 253B.13, subdivision 3; 253B.15, subdivisions 4 and 6; 72.36 253B.18, subdivision 4; 253B.21, subdivision 5; and 253B.23, 73.1 subdivision 1a, are repealed. 73.2 ARTICLE 2 73.3 COST OF CARE LIENS 73.4 Section 1. Minnesota Statutes 1996, section 55.10, 73.5 subdivision 4, is amended to read: 73.6 Subd. 4. [WILL SEARCHES, BURIAL DOCUMENTS PROCUREMENT, AND 73.7 INVENTORY OF CONTENTS.] (a) Upon being furnished with 73.8 satisfactory proof of death of a sole lessee or the last 73.9 surviving co-lessee of a safe deposit box, an employee of the 73.10 safe deposit company shall open the box and examine the contents 73.11 in the presence of an individual who appears in person and 73.12 furnishes an affidavit stating that the individual believes: 73.13 (1) the box may contain the will or deed to a burial lot or 73.14 a document containing instructions for the burial of the lessee 73.15 or that the box may contain property belonging to the estate of 73.16 the lessee; and 73.17 (2) the individual is an interested person as defined in 73.18 this section and wishes to open the box for any one or more of 73.19 the following purposes: 73.20 (i) to conduct a will search; 73.21 (ii) to obtain a document required to facilitate the 73.22 lessee's wishes regarding body, funeral, or burial arrangements; 73.23 or 73.24 (iii) to obtain an inventory of the contents of the box. 73.25 (b) The safe deposit company may not open the box under 73.26 this section if it has received a copy of letters of office of 73.27 the representative of the deceased lessee's estate or other 73.28 applicable court order. 73.29 (c) The safe deposit company need not open the box if: 73.30 (1) the box has previously been opened under this section 73.31 for the same purpose; 73.32 (2) the safe deposit company has received notice of a 73.33 written or oral objection from any person or has reason to 73.34 believe that there would be an objection; or 73.35 (3) the lessee's key or combination is not available. 73.36 (d) For purposes of this section, the term "interested 74.1 person" means any of the following: 74.2 (1) a person named as personal representative in a 74.3 purported will of the lessee; 74.4 (2) a person who immediately prior to the death of the 74.5 lessee had the right of access to the box as a deputy; 74.6 (3) the surviving spouse of the lessee; 74.7 (4) a devisee of the lessee; 74.8 (5) an heir of the lessee;or74.9 (6) a person designated by the lessee in a writing 74.10 acceptable to the safe deposit company which is filed with the 74.11 safe deposit company before death; or 74.12 (7) a state or county agency with a claim authorized by 74.13 section 256B.15. 74.14 (e) For purposes of this section, the term "will" includes 74.15 a will or a codicil. 74.16 (f) If the box is opened for the purpose of conducting a 74.17 will search, the safe deposit company shall remove any document 74.18 that appears to be a will and make a true and correct machine 74.19 copy thereof, replace the copy in the box, and then deliver the 74.20 original thereof to the clerk of court for the county in which 74.21 the lessee resided immediately before the lessee's death, if 74.22 known to the safe deposit company, otherwise to the clerk of the 74.23 court for the county in which the safe deposit box is located. 74.24 The will must be personally delivered or sent by registered 74.25 mail. If the interested person so requests, any deed to burial 74.26 lot or document containing instructions for the burial of the 74.27 lessee may be copied by the safe deposit box company and the 74.28 copy or copies thereof delivered to the interested person. 74.29 (g) If the box is opened for the purpose of obtaining a 74.30 document required to facilitate the lessee's wishes regarding 74.31 the body, funeral, or burial arrangements, any such document may 74.32 be removed from the box and delivered to the interested person 74.33 with a true and correct machine copy retained in the box. If 74.34 the safe deposit box company discovers a document that appears 74.35 to be a will, the safe deposit company shall act in accordance 74.36 with paragraph (f). 75.1 (h) If the box is opened for the purpose of obtaining an 75.2 inventory of the contents of the box, the employee of the safe 75.3 deposit company shall make, or cause to be made, an inventory of 75.4 the contents of the box, to which the employee and the 75.5 interested person shall attest under penalty of perjury to be 75.6 correct and complete. Within ten days of opening the box 75.7 pursuant to this subdivision, the safe deposit company shall 75.8 deliver the original inventory of the contents to the court 75.9 administrator for the county in which the lessee resided 75.10 immediately before the lessee's death, if known to the safe 75.11 deposit company, otherwise to the court administrator for the 75.12 county in which the safe deposit box is located. The inventory 75.13 must be personally delivered or sent by registered mail. If the 75.14 interested person so requests, the safe deposit company shall 75.15 make a true and correct copy of any document in the box and 75.16 deliver that copy to the interested person. If the contents of 75.17 the box include a document that appears to be a will, the safe 75.18 deposit company shall act in accordance with paragraph (f). 75.19 (i) The safe deposit company need not ascertain the truth 75.20 of any statement in the affidavit required to be furnished under 75.21 this subdivision and when acting in reliance upon an affidavit, 75.22 it is discharged as if it dealt with the personal representative 75.23 of the lessee. The safe deposit company is not responsible for 75.24 the adequacy of the description of any property included in an 75.25 inventory of the contents of a safe deposit box, nor for 75.26 conversion of the property in connection with actions performed 75.27 under this subdivision, except for conversion by intentional 75.28 acts of the company or its employees, directors, officers, or 75.29 agents. If the safe deposit company is not satisfied that the 75.30 requirements of this subdivision have been met, it may decline 75.31 to open the box. 75.32 (j) No contents of a box other than a will and a document 75.33 required to facilitate the lessee's wishes regarding body, 75.34 funeral, or burial arrangements may be removed pursuant to this 75.35 subdivision. The entire contents of the box, however, may be 75.36 removed pursuant to section 524.3-1201. 76.1 Sec. 2. Minnesota Statutes 1996, section 256.015, 76.2 subdivision 1, is amended to read: 76.3 Subdivision 1. [STATE AGENCY HAS LIEN.] When the state 76.4 agency provides, pays for, or becomes liable for medical care or 76.5 furnishes subsistence or other payments to a person, the agency 76.6hasshall have a lien for the cost of the care and payments 76.7 on any and all causes of actionthator recovery rights under 76.8 any policy, plan, or contract providing benefits for health care 76.9 or injury which accrue to the person to whom the care or 76.10 payments were furnished, or to the person's legal 76.11 representatives, as a result of the occurrence that necessitated 76.12 the medical care, subsistence, or other payments. For purposes 76.13 of this section, "state agency" includes authorized agents of 76.14 the state agency. 76.15 Sec. 3. Minnesota Statutes 1996, section 256.015, 76.16 subdivision 2, is amended to read: 76.17 Subd. 2. [PERFECTION; ENFORCEMENT.] (a) The state agency 76.18 may perfect and enforce its lien under sections 514.69, 514.70, 76.19 and 514.71, and must file the verified lien statement with the 76.20 appropriate court administrator in the county of financial 76.21 responsibility. The verified lien statement must contain the 76.22 following: the name and address of the person to whom medical 76.23 care, subsistence, or other payment was furnished; the date of 76.24 injury; the name and address of vendors furnishing medical care; 76.25 the dates of the service or payment; the amount claimed to be 76.26 due for the care or payment; and to the best of the state 76.27 agency's knowledge, the names and addresses of all persons, 76.28 firms, or corporations claimed to be liable for damages arising 76.29 from the injuries. 76.30 (b) This section does not affect the priority of any 76.31 attorney's lien. The state agency is not subject to any 76.32 limitations period referred to in section 514.69 or 514.71 and 76.33 has one year from the date notice is first received by it under 76.34 subdivision 4, paragraph (c), even if the notice is untimely, or 76.35 one year from the date medical bills are first paid by the state 76.36 agency, whichever is later, to file its verified lien 77.1 statement. The state agency may commence an action to enforce 77.2 the lien within one year of (1) the date the notice required by 77.3 subdivision 4, paragraph (c), is received, or (2) the date the 77.4 person's cause of action is concluded by judgment, award, 77.5 settlement, or otherwise, whichever is later. 77.6 (c) If the notice required in subdivision 4 is not provided 77.7 by any of the parties to the claim at any stage of the claim, 77.8 the state agency will have one year from the date the state 77.9 agency learns of the lack of notice to commence an action. If 77.10 amounts on the claim or cause of action are paid and the amount 77.11 required to be paid to the state agency under subdivision 5 is 77.12 not paid to the state agency, the state agency may commence an 77.13 action to recover on the lien against any or all of the parties 77.14 or entities which have either paid or received the payments. 77.15 Sec. 4. Minnesota Statutes 1996, section 256.015, 77.16 subdivision 4, is amended to read: 77.17 Subd. 4. [NOTICE.] The state agency must be given notice 77.18 of monetary claims against a person, firm, or corporation that 77.19 may be liable in damages to the injured person when the state 77.20 agency has paid for or become liable for the cost of medical 77.21 care or payments related to the injury. Notice must be given as 77.22 follows: 77.23 (a) Applicants for public assistance shall notify the state 77.24 or county agency of any possible claims they may have against a 77.25 person, firm, or corporation when they submit the application 77.26 for assistance. Recipients of public assistance shall notify 77.27 the state or county agency of any possible claims when those 77.28 claims arise. 77.29 (b) A person providing medical care services to a recipient 77.30 of public assistance shall notify the state agency when the 77.31 person has reason to believe that a third party may be liable 77.32 for payment of the cost of medical care. 77.33 (c) Aperson who is aparty to a claim upon which the state 77.34 agency may be entitled to a lien under this section shall notify 77.35 the state agency of its potential lien claimbefore filing a77.36claim, commencing an action, or negotiating a settlement.at 78.1 each of the following stages of a claim: (1) when a claim is 78.2 filed; (2) when an action is commenced; and (3) when a claim is 78.3 concluded by payment, award, judgment, settlement, or 78.4 otherwise. Every party involved in any stage of a claim under 78.5 this subdivision is required to provide notice to the state 78.6 agency at that stage of the claim. However, when one of the 78.7 parties to the claim provides notice at that stage, every other 78.8 party to the claim is deemed to have provided the required 78.9 notice at that stage of the claim. If the required notice under 78.10 this paragraph is not provided to the state agency, every party 78.11 will be deemed to have failed to provide the required notice. A 78.12person who is aparty to a claim includes the injured person or 78.13 the person's legal representative, the plaintiff, the 78.14 defendants, or persons alleged to be responsible for 78.15 compensating the injured person or plaintiff, and any other 78.16 party to the cause of action or claim, regardless of whether the 78.17 party knows the state agency has a potential or actual lien 78.18 claim. 78.19 Notice given to the county agency is not sufficient to meet 78.20 the requirements of paragraphs (b) and (c). 78.21 Sec. 5. Minnesota Statutes 1996, section 256B.042, 78.22 subdivision 1, is amended to read: 78.23 Subdivision 1. [LIEN FOR COST OF CARE.] When the state 78.24 agency provides, pays for, or becomes liable for medical care, 78.25 it shall have a lien for the cost of the care upon any and all 78.26 causes of action or recovery rights under any policy, plan, or 78.27 contract providing benefits for health care or injury, which 78.28 accrue to the person to whom the care was furnished, or to the 78.29 person's legal representatives, as a result of the illness or 78.30 injuries which necessitated the medical care. 78.31 Sec. 6. Minnesota Statutes 1996, section 256B.042, 78.32 subdivision 2, is amended to read: 78.33 Subd. 2. [LIEN ENFORCEMENT.] (a) The state agency may 78.34 perfect and enforce its lien by following the procedures set 78.35 forth in sections 514.69, 514.70 and 514.71, and its verified 78.36 lien statement shall be filed with the appropriate court 79.1 administrator in the county of financial responsibility. The 79.2 verified lien statement shall contain the following: the name 79.3 and address of the person to whom medical care was furnished, 79.4 the date of injury, the name and address of the vendor or 79.5 vendors furnishing medical care, the dates of the service, the 79.6 amount claimed to be due for the care, and, to the best of the 79.7 state agency's knowledge, the names and addresses of all 79.8 persons, firms, or corporations claimed to be liable for damages 79.9 arising from the injuries. This section shall not affect the 79.10 priority of any attorney's lien. 79.11 (b) The state agency is not subject to any limitations 79.12 period referred to in section 514.69 or 514.71 and has one year 79.13 from the date notice is first received by it under subdivision 79.14 4, paragraph (c), even if the notice is untimely, or one year 79.15 from the date medical bills are first paid by the state agency, 79.16 whichever is later, to file its verified lien statement. The 79.17 state agency may commence an action to enforce the lien within 79.18 one year of (1) the date the notice required by subdivision 4, 79.19 paragraph (c), is received or (2) the date the recipient's cause 79.20 of action is concluded by judgment, award, settlement, or 79.21 otherwise, whichever is later. For purposes of this section, 79.22 "state agency" includes authorized agents of the state agency. 79.23 (c) If the notice required in subdivision 4 is not provided 79.24 by any of the parties to the claim at any stage of the claim, 79.25 the state agency will have one year from the date the state 79.26 agency learns of the lack of notice to commence an action. If 79.27 amounts on the claim or cause of action are paid and the amount 79.28 required to be paid to the state agency under subdivision 5, is 79.29 not paid to the state agency, the state agency may commence an 79.30 action to recover on the lien against any or all of the parties 79.31 or entities which have either paid or received the payments. 79.32 Sec. 7. Minnesota Statutes 1996, section 256B.042, 79.33 subdivision 4, is amended to read: 79.34 Subd. 4. [NOTICE.] The state agency must be given notice 79.35 of monetary claims against a person, firm, or corporation that 79.36 may be liable to pay part or all of the cost of medical care 80.1 when the state agency has paid or become liable for the cost of 80.2 that care. Notice must be given as follows: 80.3 (a) Applicants for medical assistance shall notify the 80.4 state or local agency of any possible claims when they submit 80.5 the application. Recipients of medical assistance shall notify 80.6 the state or local agency of any possible claims when those 80.7 claims arise. 80.8 (b) A person providing medical care services to a recipient 80.9 of medical assistance shall notify the state agency when the 80.10 person has reason to believe that a third party may be liable 80.11 for payment of the cost of medical care. 80.12 (c) Aperson who is aparty to a claim upon which the state 80.13 agency may be entitled to a lien under this section shall notify 80.14 the state agency of its potential lien claimbefore filing a80.15claim, commencing an action, or negotiating a settlement.at 80.16 each of the following stages of a claim: (1) when a claim is 80.17 filed; (2) when an action is commenced; and (3) when a claim is 80.18 concluded by payment, award, judgment, settlement, or 80.19 otherwise. Every party involved in any stage of a claim under 80.20 this subdivision is required to provide notice to the state 80.21 agency at that stage of the claim. However, when one of the 80.22 parties to the claim provides notice at that stage, every other 80.23 party to the claim is deemed to have provided the required 80.24 notice at that stage of the claim. If the required notice under 80.25 this paragraph is not provided to the state agency, all parties 80.26 to the claim are deemed to have failed to provide the required 80.27 notice. Aperson who is aparty to a claim includes the injured 80.28 person or the person's legal representative, the plaintiff, the 80.29 defendants, or persons alleged to be responsible for 80.30 compensating the injured person or plaintiff, and any other 80.31 party to the cause of action or claim, regardless of whether the 80.32 party knows the state agency has a potential or actual lien 80.33 claim. 80.34 Notice given to the local agency is not sufficient to meet 80.35 the requirements of paragraphs (b) and (c). 80.36 Sec. 8. Minnesota Statutes 1996, section 256B.37, 81.1 subdivision 1, is amended to read: 81.2 Subdivision 1. [SUBROGATION.] Upon furnishing medical 81.3 assistance to any personhavingwho has private accident or 81.4 health care coverage, or receives or has a right to receive 81.5 health or medical care from any type of organization or entity, 81.6 orhavinghas a cause of action arising out of an occurrence 81.7 that necessitated the payment of medical assistance, the state 81.8 agency or the state agency's agent shall be subrogated, to the 81.9 extent of the cost of medical care furnished, to any rights the 81.10 person may have under the terms of the coverage, or against the 81.11 organization or entity providing or liable to provide health or 81.12 medical care, or under the cause of action. 81.13 The right of subrogation created in this section includes 81.14 all portions of the cause of action, notwithstanding any 81.15 settlement allocation or apportionment that purports to dispose 81.16 of portions of the cause of action not subject to subrogation. 81.17 Sec. 9. Minnesota Statutes 1996, section 514.71, is 81.18 amended to read: 81.19 514.71 [RELEASE.] 81.20 No release of such causes of action, or any of them, or of 81.21 any judgment thereon shall be valid or effectual as against such 81.22 lien unless such lienholder shall join therein, or execute a 81.23 release of such lien, and the claimant, or assignee of such 81.24 lien, may enforce such lien by action against the person, firm, 81.25 or corporation liable for such damages, and against any person 81.26 who received payment for such damages, which action shall be 81.27 commenced and tried in the county in which such lien shall be 81.28 filed, unless ordered removed to another county by the court for 81.29 cause. If the claimant shall prevail in such action, the court 81.30 may allow reasonable attorneys' fees and disbursements. Such 81.31 action shall be commenced within two years after the filing of 81.32 such lien. 81.33 Sec. 10. Minnesota Statutes 1996, section 514.980, 81.34 subdivision 2, is amended to read: 81.35 Subd. 2. [MEDICAL ASSISTANCE AGENCY OR AGENCY.] "Medical 81.36 assistance agency" or "agency" means thestate or any county82.1medical assistance agency thatstate department of human 82.2 services when it provides a medical assistance benefit. 82.3 Sec. 11. Minnesota Statutes 1996, section 514.981, 82.4 subdivision 2, is amended to read: 82.5 Subd. 2. [ATTACHMENT.] (a) A medical assistance lien 82.6 attaches and becomes enforceable against specific real property 82.7 as of the date when the following conditions are met: 82.8 (1) payments have been made by an agency for a medical 82.9 assistance benefit; 82.10 (2) notice and an opportunity for a hearing have been 82.11 provided under paragraph (b); 82.12 (3) a lien notice has been filed as provided in section 82.13 514.982; 82.14 (4) if the property is registered property, the lien notice 82.15 has been memorialized on the certificate of title of the 82.16 property affected by the lien notice; and 82.17 (5) all restrictions against enforcement have ceased to 82.18 apply. 82.19 (b) An agency may not file a medical assistance lien notice 82.20 until the medical assistance recipientand the recipient's82.21spouseortheirthe recipient's legalrepresentatives have82.22 representative has been sent, by certified or registered mail, 82.23 written notice of the agency's lien rights and there has been an 82.24 opportunity for a hearing under section 256.045. In addition, 82.25 the agency may not file a lien notice unless the agency 82.26 determines as medically verified by the recipient's attending 82.27 physician that the medical assistance recipient cannot 82.28 reasonably be expected to be discharged from a medical 82.29 institution and return home. 82.30 (c) An agency may not file a medical assistance lien notice 82.31 against real property while it is the home of the recipient's 82.32 spouse. 82.33 (d) An agency may not file a medical assistance lien notice 82.34 against real property that was the homestead of the medical 82.35 assistance recipient or the recipient's spouse when the medical 82.36 assistance recipient received medical institution services if 83.1 any of the following persons are lawfully residing in the 83.2 property: 83.3 (1) a child of the medical assistance recipient if the 83.4 child is under age 21 or is blind or permanently and totally 83.5 disabled according to the supplemental security income criteria; 83.6 (2) a child of the medical assistance recipient if the 83.7 child resided in the homestead for at least two years 83.8 immediately before the date the medical assistance recipient 83.9 received medical institution services, and the child provided 83.10 care to the medical assistance recipient that permitted the 83.11 recipient to live without medical institution services; or 83.12 (3) a sibling of the medical assistance recipient if the 83.13 sibling has an equity interest in the property and has resided 83.14 in the property for at least one year immediately before the 83.15 date the medical assistance recipient began receiving medical 83.16 institution services. 83.17 (e) A medical assistance lien applies only to the specific 83.18 real property described in the lien notice. 83.19 Sec. 12. Minnesota Statutes 1996, section 514.982, 83.20 subdivision 1, is amended to read: 83.21 Subdivision 1. [CONTENTS.] A medical assistance lien 83.22 notice must be dated and must contain: 83.23 (1) the full name, last known address, and social security 83.24 number of the medical assistance recipientand the full name,83.25address, and social security number of the recipient's spouse; 83.26 (2) a statement that medical assistance payments have been 83.27 made to or for the benefit of the medical assistance recipient 83.28 named in the notice, specifying the first date of eligibility 83.29 for benefits; 83.30 (3) a statement that all interests in real property owned 83.31 by the persons named in the notice may be subject to or affected 83.32 by the rights of the agency to be reimbursed for medical 83.33 assistance benefits; and 83.34 (4) the legal description of the real property upon which 83.35 the lien attaches, and whether the property is registered 83.36 property. 84.1 Sec. 13. Minnesota Statutes 1996, section 514.982, 84.2 subdivision 2, is amended to read: 84.3 Subd. 2. [FILING.] Any notice, release, or other document 84.4 required to be filed under sections 514.980 to 514.985 must 84.5 be recorded or filed in the office of the county recorder or 84.6 registrar of titles, as appropriate, in the county where the 84.7 real property is located. Notwithstanding section 386.77, the 84.8 agency shall pay the applicable filing fee for any document 84.9 filed under sections 514.980 to 514.985.The commissioner of84.10human services shall reimburse the county agency for filing fees84.11paid under this section.An attestation, certification, or 84.12 acknowledgment is not required as a condition of filing.Upon84.13filing of a medical assistance lien notice, the registrar of84.14titles shall record it on the certificate of title of each84.15parcel of property described in the lien notice. The county84.16recorder of each county shall establish an index of medical84.17assistance lien notices, other than those that affect only84.18registered property, showing the names of all persons named in84.19the medical assistance lien notices filed in the county,84.20arranged alphabetically. The index must be combined with the84.21index of state tax lien notices.If the property described in 84.22 the medical assistance lien notice is registered property, the 84.23 registrar of titles shall record it on the certificate of title 84.24 for each parcel of property described in the lien notice. If 84.25 the property described in the medical assistance lien notice is 84.26 abstract property, the recorder shall file the medical 84.27 assistance lien in the county's grantor-grantee indexes and any 84.28 tract indexes the county maintains for each parcel of property 84.29 described in the lien notice. The recorder shall return 84.30 recorded medical assistance lien notices for abstract property 84.31 to the agency at no cost. If the agency provides a duplicate 84.32 copy of a medical assistance lien notice for registered 84.33 property, the registrar of titles shall show the recording data 84.34 for the medical assistance lien notice on the copy and return it 84.35 to the agency at no cost. The filing or mailing of any notice, 84.36 release, or other document under sections 514.980 to 514.985 is 85.1 the responsibility of the agency.The agency shall send a copy85.2of the medical assistance lien notice by registered or certified85.3mail to each record owner and mortgagee of the real property.85.4 Sec. 14. Minnesota Statutes 1996, section 514.985, is 85.5 amended to read: 85.6 514.985 [AMOUNTS RECEIVED TO SATISFY LIEN.] 85.7 Amounts received by thestateagency to satisfy a medical 85.8 assistance lien filed by thestateagency must be deposited in 85.9 the state treasury and credited to the fund from which the 85.10 medical assistance payments were made. Amounts received by a 85.11 countymedical assistance agencyto satisfy a medical assistance 85.12 lien filed by thecounty medical assistanceagency must be 85.13deposited in the county treasury and credited to the fund from85.14which the medical assistance payments were madeforwarded to the 85.15 agency and deposited and credited as provided for in this 85.16 section. 85.17 Sec. 15. Minnesota Statutes 1996, section 524.1-201, is 85.18 amended to read: 85.19 524.1-201 [GENERAL DEFINITIONS.] 85.20 Subject to additional definitions contained in the 85.21 subsequent articles which are applicable to specific articles or 85.22 parts, and unless the context otherwise requires, in chapters 85.23 524 and 525: 85.24 (2) "Application" means a written request to the registrar 85.25 for an order of informal probate or appointment under article 85.26 III, part 3. 85.27 (3) "Beneficiary," as it relates to trust beneficiaries, 85.28 includes a person who has any present or future interest, vested 85.29 or contingent, and also includes the owner of an interest by 85.30 assignment or other transfer and as it relates to a charitable 85.31 trust, includes any person entitled to enforce the trust. 85.32 (5) "Child" includes any individual entitled to take as a 85.33 child under law by intestate succession from the parent whose 85.34 relationship is involved and excludes any person who is only a 85.35 stepchild, a foster child, a grandchild or any more remote 85.36 descendant. 86.1 (6) "Claims" includes liabilities of the decedent whether 86.2 arising in contract or otherwise and liabilities of the estate 86.3 which arise after the death of the decedent including funeral 86.4 expenses and expenses of administration. The term does not 86.5 include taxes, demands or disputes regarding title of a decedent 86.6 to specific assets alleged to be included in the estate, tort 86.7 claims, foreclosure of mechanic's liens, or to actions pursuant 86.8 to section 573.02. 86.9 (7) "Court" means the court or branch having jurisdiction 86.10 in matters relating to the affairs of decedents. This court in 86.11 this state is known as the district court. 86.12 (8) "Conservator" means a person who is appointed by a 86.13 court to manage the estate of a protected person. 86.14 (9) "Descendant" of an individual means all of the 86.15 individual's descendants of all generations, with the 86.16 relationship of parent and child at each generation being 86.17 determined by the definition of child and parent contained in 86.18 this section. 86.19 (10) "Devise," when used as a noun, means a testamentary 86.20 disposition of real or personal property and when used as a 86.21 verb, means to dispose of real or personal property by will. 86.22 (11) "Devisee" means any person designated in a will to 86.23 receive a devise. In the case of a devise to an existing trust 86.24 or trustee, or to a trustee on trust described by will, the 86.25 trust or trustee is the devisee and the beneficiaries are not 86.26 devisees. 86.27 (12) "Disability" means cause for a protective order as 86.28 described by section 525.54. 86.29 (13) "Distributee" means any person who has received or who 86.30 will receive property of a decedent from the decedent's personal 86.31 representative other than as a creditor or purchaser. A 86.32 testamentary trustee is a distributee with respect to property 86.33 which the trustee has received from a personal representative 86.34 only to the extent of distributed assets or their increment 86.35 remaining in the trustee's hands. A beneficiary of a 86.36 testamentary trust to whom the trustee has distributed property 87.1 received from a personal representative is a distributee of the 87.2 personal representative. For purposes of this provision, 87.3 "testamentary trustee" includes a trustee to whom assets are 87.4 transferred by will, to the extent of the devised assets. 87.5 (14) "Estate" includes all of the property of the decedent, 87.6 trust, or other person whose affairs are subject to this chapter 87.7 as originally constituted and as it exists from time to time 87.8 during administration. 87.9 (16) "Fiduciary" includes personal representative, 87.10 guardian, conservator and trustee. 87.11 (17) "Foreign personal representative" means a personal 87.12 representative of another jurisdiction. 87.13 (18) "Formal proceedings" means those conducted before a 87.14 judge with notice to interested persons. 87.15 (20) "Guardian" means a person who has qualified as a 87.16 guardian of a minor or incapacitated person pursuant to 87.17 testamentary or court appointment, but excludes one who is 87.18 merely a guardian ad litem. 87.19 (21) "Heirs" means those persons, including the surviving 87.20 spouse, who are entitled under the statutes of intestate 87.21 succession to the property of a decedent. 87.22 (22) "Incapacitated person" is as described in section 87.23 525.54, other than a minor. 87.24 (23) "Informal proceedings" means those conducted by the 87.25 judge, the registrar, or the person or persons designated by the 87.26 judge for probate of a will or appointment of a personal 87.27 representative in accordance with sections 524.3-301 to 87.28 524.3-311. 87.29 (24) "Interested person" includes heirs, devisees, 87.30 children, spouses, creditors, beneficiaries and any others 87.31 having a property right in or claim against the estate of a 87.32 decedent, ward or protected person which may be affected by the 87.33 proceeding. It also includes persons having priority for 87.34 appointment as personal representative, and other fiduciaries 87.35 representing interested persons. The meaning as it relates to 87.36 particular persons may vary from time to time and must be 88.1 determined according to the particular purposes of, and matter 88.2 involved in, any proceeding. 88.3 (27) "Lease" includes an oil, gas, or other mineral lease. 88.4 (28) "Letters" includes letters testamentary, letters of 88.5 guardianship, letters of administration, and letters of 88.6 conservatorship. 88.7 (30) "Mortgage" means any conveyance, agreement or 88.8 arrangement in which property is used as security. 88.9 (31) "Nonresident decedent" means a decedent who was 88.10 domiciled in another jurisdiction at the time of death. 88.11 (32) "Organization" includes a corporation, government or 88.12 governmental subdivision or agency, business trust, estate, 88.13 trust, partnership or association, two or more persons having a 88.14 joint or common interest, or any other legal entity. 88.15 (35) "Person" means an individual, a corporation, an 88.16 organization, or other legal entity. 88.17 (36) "Personal representative" includes executor, 88.18 administrator, successor personal representative, special 88.19 administrator, and persons who perform substantially the same 88.20 function under the law governing their status. "General 88.21 personal representative" excludes special administrator. 88.22 (37) "Petition" means a written request to the court for an 88.23 order after notice. 88.24 (38) "Proceeding" includes action at law and suit in equity. 88.25 (39) "Property" includes both real and personal property or 88.26 any interest therein and means anything that may be the subject 88.27 of ownership. 88.28 (40) "Protected person" is as described in section 525.54, 88.29 subdivision 1. 88.30 (42) "Registrar" refers to the judge of the court or the 88.31 person designated by the court to perform the functions of 88.32 registrar as provided in section 524.1-307. 88.33 (43) "Security" includes any note, stock, treasury stock, 88.34 bond, debenture, evidence of indebtedness, certificate of 88.35 interest or participation in an oil, gas or mining title or 88.36 lease or in payments out of production under such a title or 89.1 lease, collateral trust certificate, transferable share, voting 89.2 trust certificate or, in general, any interest or instrument 89.3 commonly known as a security, or any certificate of interest or 89.4 participation, any temporary or interim certificate, receipt or 89.5 certificate of deposit for, or any warrant or right to subscribe 89.6 to or purchase, any of the foregoing. 89.7 (44) "Settlement," in reference to a decedent's estate, 89.8 includes the full process of administration, distribution and 89.9 closing. 89.10 (45) "Special administrator" means a personal 89.11 representative as described by sections 524.3-614 to 524.3-618. 89.12 (46) "State" includes any state of the United States, the 89.13 District of Columbia, the Commonwealth of Puerto Rico, and any 89.14 territory or possession subject to the legislative authority of 89.15 the United States. 89.16 (47) "Successor personal representative" means a personal 89.17 representative, other than a special administrator, who is 89.18 appointed to succeed a previously appointed personal 89.19 representative. 89.20 (48) "Successors" means those persons, other than 89.21 creditors, who are entitled to property of a decedent under the 89.22 decedent's will, this chapter or chapter 525. "Successors" also 89.23 means a funeral director or county government that provides the 89.24 funeral and burial of the decedent, or a state or county agency 89.25 with a claim authorized under section 256B.15. 89.26 (49) "Supervised administration" refers to the proceedings 89.27 described in sections 524.3-501 to 524.3-505. 89.28 (51) "Testacy proceeding" means a proceeding to establish a 89.29 will or determine intestacy. 89.30 (53) "Trust" includes any express trust, private or 89.31 charitable, with additions thereto, wherever and however 89.32 created. It also includes a trust created or determined by 89.33 judgment or decree under which the trust is to be administered 89.34 in the manner of an express trust. "Trust" excludes other 89.35 constructive trusts, and it excludes resulting trusts, 89.36 conservatorships, personal representatives, trust accounts as 90.1 defined in chapter 528, custodial arrangements pursuant to 90.2 sections 149.11 to 149.14, 318.01 to 318.06, 527.21 to 527.44, 90.3 business trusts providing for certificates to be issued to 90.4 beneficiaries, common trust funds, voting trusts, security 90.5 arrangements, liquidation trusts, and trusts for the primary 90.6 purpose of paying debts, dividends, interest, salaries, wages, 90.7 profits, pensions, or employee benefits of any kind, and any 90.8 arrangement under which a person is nominee or escrowee for 90.9 another. 90.10 (54) "Trustee" includes an original, additional, or 90.11 successor trustee, whether or not appointed or confirmed by 90.12 court. 90.13 (55) "Ward" is as described in section 525.54, subdivision 90.14 1. 90.15 (56) "Will" includes codicil and any testamentary 90.16 instrument which merely appoints an executor or revokes or 90.17 revises another will. 90.18 Sec. 16. Minnesota Statutes 1996, section 524.3-801, is 90.19 amended to read: 90.20 524.3-801 [NOTICE TO CREDITORS.] 90.21 (a) Unless notice has already been given under this 90.22 section, upon appointment of a general personal representative 90.23 in informal proceedings or upon the filing of a petition for 90.24 formal appointment of a general personal representative, notice 90.25 thereof, in the form prescribed by court rule, shall be given 90.26 under the direction of the court administrator by publication 90.27 once a week for two successive weeks in a legal newspaper in the 90.28 county wherein the proceedings are pending giving the name and 90.29 address of the general personal representative and notifying 90.30 creditors of the estate to present their claims within four 90.31 months after the date of the court administrator's notice which 90.32 is subsequently published or be forever barred, unless they are 90.33 entitled to further service of notice under paragraph (b) or (c). 90.34 (b)(1) Within three months after: (i) the date of the 90.35 first publication of the notice; or (ii) June 16, 1989, 90.36 whichever is later, the personal representative may determine, 91.1 in the personal representative's discretion, that it is or is 91.2 not advisable to conduct a reasonably diligent search for 91.3 creditors of the decedent who are either not known or not 91.4 identified. If the personal representative determines that a 91.5 reasonably diligent search is advisable, the personal 91.6 representative shall conduct the search. 91.7 (2) If the notice is first published after June 16, 1989, 91.8 the personal representative shall, within three months after the 91.9 date of the first publication of the notice, serve a copy of the 91.10 notice upon each then known and identified creditor in the 91.11 manner provided in paragraph (c).If the decedent or a91.12predeceased spouse of the decedent received assistance for which91.13a claim could be filed under section 246.53, 256B.15, 256D.16,91.14or 261.04, the personal representative shall serve a copy of the91.15notice on the commissioner of human services in the manner91.16provided in paragraph (c) on or before the date of the first91.17publication of the notice. The copy of the notice served on the91.18commissioner of human services shall include the full name, date91.19of birth, and social security number of the decedent or the91.20predeceased spouse who received assistance for which a claim91.21could be filed under any of the sections listed in this91.22paragraph. Notwithstanding any will or other instrument or law91.23to the contrary, except as allowed in this paragraph no property91.24subject to administration by the estate may be distributed by91.25the estate or the personal representative until 70 days after91.26the date the notice is served upon the commissioner, as provided91.27in paragraph (c) unless the local agency consents. An affidavit91.28of service shall be prima facie evidence of service and, if it91.29contains a legal description of the affected real property, may91.30be filed or recorded in the office of the county recorder or91.31registrar of titles to establish compliance with the notice91.32requirement established in this paragraph. This restriction on91.33distribution does not apply to the personal representative's91.34sale of real or personal property while the estate is open but91.35does apply to the net proceeds the estate receives from the91.36sale.If notice was first published under the applicable 92.1 provisions of law under the direction of the court administrator 92.2 before June 16, 1989, and if a personal representative is 92.3 empowered to act at any time after June 16, 1989, the personal 92.4 representative shall, within three months after June 16, 1989, 92.5 serve upon the then known and identified creditors in the manner 92.6 provided in paragraph (c) a copy of the notice as published, 92.7 together with a supplementary notice requiring each of the 92.8 creditors to present any claim within one month after the date 92.9 of the service of the notice or be forever barred. 92.10 (3) Under this section, a creditor is "known" if: (i) the 92.11 personal representative knows that the creditor has asserted a 92.12 claim that arose during the decedent's life against either the 92.13 decedent or the decedent's estate; or (ii) the creditor has 92.14 asserted a claim that arose during the decedent's life and the 92.15 fact is clearly disclosed in accessible financial records known 92.16 and available to the personal representative. Under this 92.17 section, a creditor is "identified" if the personal 92.18 representative's knowledge of the name and address of the 92.19 creditor will permit service of notice to be made under 92.20 paragraph (c). 92.21 (c) The personal representative shall serve a copy of any 92.22 notice and any supplementary notice required by paragraph (b), 92.23 clause (1) or (2), upon each creditor of the decedent who is 92.24 then known to the personal representative and identified, except 92.25 a creditor whose claim has either been presented to the personal 92.26 representative or paid, either by delivery of a copy of the 92.27 required notice to the creditor, or by mailing a copy of the 92.28 notice to the creditor by certified, registered, or ordinary 92.29 first class mail addressed to the creditor at the creditor's 92.30 office or place of residence. 92.31 (d)(1) Effective for decedents dying on or after July 1, 92.32 1997, if the decedent or a predeceased spouse of the decedent 92.33 received assistance for which a claim could be filed under 92.34 section 246.53, 256B.15, 256D.16, or 261.04, the personal 92.35 representative or the attorney for the personal representative 92.36 shall serve the commissioner of human services with notice in 93.1 the manner prescribed in paragraph (c) as soon as practicable 93.2 after the appointment of the personal representative. The 93.3 notice must state the decedent's full name, date of birth, and 93.4 social security number and, to the extent then known after 93.5 making a reasonably diligent inquiry, the full name, date of 93.6 birth, and social security number for each of the decedent's 93.7 predeceased spouses. The notice may also contain a statement 93.8 that, after making a reasonably diligent inquiry, the personal 93.9 representative has determined that the decedent did not have any 93.10 predeceased spouses or that the personal representative has been 93.11 unable to determine one or more of the previous items of 93.12 information for a predeceased spouse of the decedent. A copy of 93.13 the notice to creditors must be attached to and be a part of the 93.14 notice to the commissioner. 93.15 (2) Notwithstanding a will or other instrument or law to 93.16 the contrary, except as allowed in this paragraph, no property 93.17 subject to administration by the estate may be distributed by 93.18 the estate or the personal representative until 70 days after 93.19 the date the notice is served on the commissioner as provided in 93.20 paragraph (c), unless the local agency consents as provided for 93.21 in clause (6). This restriction on distribution does not apply 93.22 to the personal representative's sale of real or personal 93.23 property, but does apply to the net proceeds the estate receives 93.24 from these sales. The personal representative, or any person 93.25 with personal knowledge of the facts, may provide an affidavit 93.26 containing the description of any real or personal property 93.27 affected by this paragraph and stating facts showing compliance 93.28 with this paragraph. If the affidavit describes real property, 93.29 it may be filed or recorded in the office of the county recorder 93.30 or registrar of titles for the county where the real property is 93.31 located. This paragraph does not apply to proceedings under 93.32 sections 524.3-1203 and 525.31, or when a duly authorized agent 93.33 of a county is acting as the personal representative of the 93.34 estate. 93.35 (3) At any time before an order or decree is entered under 93.36 section 524.3-1001 or 524.3-1002, or a closing statement is 94.1 filed under section 524.3-1003, the personal representative or 94.2 the attorney for the personal representative may serve an 94.3 amended notice on the commissioner to add variations or other 94.4 names of the decedent or a predeceased spouse named in the 94.5 notice, the name of a predeceased spouse omitted from the 94.6 notice, to add or correct the date of birth or social security 94.7 number of a decedent or predeceased spouse named in the notice, 94.8 or to correct any other deficiency in a prior notice. The 94.9 amended notice must state the decedent's name, date of birth, 94.10 and social security number, the case name, case number, and 94.11 district court in which the estate is pending, and the date the 94.12 notice being amended was served on the commissioner. If the 94.13 amendment adds the name of a predeceased spouse omitted from the 94.14 notice, it must also state that spouse's full name, date of 94.15 birth, and social security number. The amended notice must be 94.16 served on the commissioner in the same manner as the original 94.17 notice. Upon service, the amended notice relates back to and is 94.18 effective from the date the notice it amends was served, and the 94.19 time for filing claims arising under section 246.53, 256B.15, 94.20 256D.16 or 261.04 is extended by 60 days from the date of 94.21 service of the amended notice. Claims filed during the 60-day 94.22 period are undischarged and unbarred claims, may be prosecuted 94.23 by the entities entitled to file those claims in accordance with 94.24 section 524.3-1004, and the limitations in section 524.3-1006 do 94.25 not apply. The personal representative or any person with 94.26 personal knowledge of the facts may provide and file or record 94.27 an affidavit in the same manner as provided for in clause (1). 94.28 (4) Within one year after the date an order or decree is 94.29 entered under section 524.3-1001 or 524.3-1002 or a closing 94.30 statement is filed under section 524.3-1003, any person who has 94.31 an interest in property that was subject to administration by 94.32 the estate may serve an amended notice on the commissioner to 94.33 add variations or other names of the decedent or a predeceased 94.34 spouse named in the notice, the name of a predeceased spouse 94.35 omitted from the notice, to add or correct the date of birth or 94.36 social security number of a decedent or predeceased spouse named 95.1 in the notice, or to correct any other deficiency in a prior 95.2 notice. The amended notice must be served on the commissioner 95.3 in the same manner as the original notice and must contain the 95.4 information required for amendments under clause (3). If the 95.5 amendment adds the name of a predeceased spouse omitted from the 95.6 notice, it must also state that spouse's full name, date of 95.7 birth, and social security number. Upon service, the amended 95.8 notice relates back to and is effective from the date the notice 95.9 it amends was served. If the amended notice adds the name of an 95.10 omitted predeceased spouse or adds or corrects the social 95.11 security number or date of birth of the decedent or a 95.12 predeceased spouse already named in the notice, then, 95.13 notwithstanding any other laws to the contrary, claims against 95.14 the decedent's estate on account of those persons resulting from 95.15 the amendment and arising under section 246.53, 256B.15, 95.16 256D.16, or 261.04 are undischarged and unbarred claims, may be 95.17 prosecuted by the entities entitled to file those claims in 95.18 accordance with section 524.3-1004, and the limitations in 95.19 section 524.3-1006 do not apply. The person filing the 95.20 amendment or any other person with personal knowledge of the 95.21 facts may provide and file or record an affidavit describing 95.22 affected real or personal property in the same manner as clause 95.23 (1). 95.24 (5) After one year from the date an order or decree is 95.25 entered under section 524.3-1001 or 524.3-1002, or a closing 95.26 statement is filed under section 524.3-1003, no error, omission, 95.27 or defect of any kind in the notice to the commissioner required 95.28 under this paragraph or in the process of service of the notice 95.29 on the commissioner, or the failure to serve the commissioner 95.30 with notice as required by this paragraph, makes any 95.31 distribution of property by a personal representative void or 95.32 voidable. The distributee's title to the distributed property 95.33 shall be free of any claims based upon a failure to comply with 95.34 this paragraph. 95.35 (6) The local agency may consent to a personal 95.36 representative's request to distribute property subject to 96.1 administration by the estate to distributees during the 70-day 96.2 period after service of notice on the commissioner. The local 96.3 agency may grant or deny the request in whole or in part and may 96.4 attach conditions to its consent as it deems appropriate. When 96.5 the local agency consents to a distribution, it shall give the 96.6 estate a written certificate evidencing its consent to the early 96.7 distribution of assets at no cost. The certificate must include 96.8 the name, case number, and district court in which the estate is 96.9 pending, the name of the local agency, describe the specific 96.10 real or personal property to which the consent applies, state 96.11 that the local agency consents to the distribution of the 96.12 specific property described in the consent during the 70-day 96.13 period following service of the notice on the commissioner, 96.14 state that the consent is unconditional or list all of the terms 96.15 and conditions of the consent, be dated, and may include other 96.16 contents as may be appropriate. The certificate must be signed 96.17 by the director of the local agency or the director's designees 96.18 and is effective as of the date it is dated unless it provides 96.19 otherwise. The signature of the director or the director's 96.20 designee does not require any acknowledgment. The certificate 96.21 shall be prima facie evidence of the facts it states, may be 96.22 attached to or combined with a deed or any other instrument of 96.23 conveyance and, when so attached or combined, shall constitute a 96.24 single instrument. If the certificate describes real property, 96.25 it shall be accepted for recording or filing by the county 96.26 recorder or registrar of titles in the county in which the 96.27 property is located. If the certificate describes real property 96.28 and is not attached to or combined with a deed or other 96.29 instrument of conveyance, it shall be accepted for recording or 96.30 filing by the county recorder or registrar of titles in the 96.31 county in which the property is located. The certificate 96.32 constitutes a waiver of the 70-day period provided for in clause 96.33 (2) with respect to the property it describes and is prima facie 96.34 evidence of service of notice on the commissioner. The 96.35 certificate is not a waiver or relinquishment of any claims 96.36 arising under section 246.53, 256B.15, 256D.16, or 261.04, and 97.1 does not otherwise constitute a waiver of any of the personal 97.2 representative's duties under this paragraph. Distributees who 97.3 receive property pursuant to a consent to an early distribution 97.4 shall remain liable to creditors of the estate as provided for 97.5 by law. 97.6 (7) All affidavits provided for under this paragraph: 97.7 (i) shall be provided by persons who have personal 97.8 knowledge of the facts stated in the affidavit; 97.9 (ii) may be filed or recorded in the office of the county 97.10 recorder or registrar of titles in the county in which the real 97.11 property they describe is located for the purpose of 97.12 establishing compliance with the requirements of this paragraph; 97.13 and 97.14 (iii) are prima facie evidence of the facts stated in the 97.15 affidavit. 97.16 (8) This paragraph applies to the estates of decedents 97.17 dying on or after July 1, 1997. Clause (5) also applies with 97.18 respect to all notices served on the commissioner of human 97.19 services before July 1, 1997, under Laws 1996, chapter 451, 97.20 article 2, section 55. All notices served on the commissioner 97.21 before July 1, 1997, pursuant to Laws 1996, chapter 451, article 97.22 2, section 55, shall be deemed to be legally sufficient for the 97.23 purposes for which they were intended, notwithstanding any 97.24 errors, omissions or other defects. 97.25 Sec. 17. Minnesota Statutes 1996, section 524.3-1004, is 97.26 amended to read: 97.27 524.3-1004 [LIABILITY OF DISTRIBUTEES TO CLAIMANTS.] 97.28 After assets of an estate have been distributed and subject 97.29 to section 524.3-1006, an undischarged claim not barred may be 97.30 prosecuted in a proceeding against one or more distributees. If 97.31 a personal representative closes an estate without giving notice 97.32 as required under section 524.3-801, paragraph (d), 97.33 notwithstanding any other law to the contrary, claims arising 97.34 under sections 246.53, 256B.15, 256D.16, and 261.04 shall be 97.35 undischarged and unbarred claims. The governmental entities 97.36 entitled to file claims under those sections shall be entitled 98.1 to prosecute their claims against distributees as provided for 98.2 in this section, and the limitations in section 524.3-1006 shall 98.3 not apply. No distributee shall be liable to claimants for 98.4 amounts in excess of the value of the distributee's distribution 98.5 as of the time of distribution. As between distributees, each 98.6 shall bear the cost of satisfaction of unbarred claims as if the 98.7 claim had been satisfied in the course of administration. Any 98.8 distributee who shall have failed to notify other distributees 98.9 of the demand made by the claimant in sufficient time to permit 98.10 them to join in any proceeding in which the claim was asserted 98.11 against the first distributee loses the right of contribution 98.12 against other distributees. 98.13 Sec. 18. Minnesota Statutes 1996, section 524.3-1201, is 98.14 amended to read: 98.15 524.3-1201 [COLLECTION OF PERSONAL PROPERTY BY AFFIDAVIT.] 98.16 (a) Thirty days after the death of a decedent, (i) any 98.17 person indebted to the decedent, (ii) any person having 98.18 possession of tangible personal property or an instrument 98.19 evidencing a debt, obligation, stock or chose in action 98.20 belonging to the decedent, or (iii) any safe deposit company, as 98.21 defined in section 55.01, controlling the right of access to 98.22 decedent's safe deposit box shall make payment of the 98.23 indebtedness or deliver the tangible personal property or an 98.24 instrument evidencing a debt, obligation, stock or chose in 98.25 action or deliver the entire contents of the safe deposit box to 98.26 a person claiming to be the successor of the decedent, or a 98.27 state or county agency with a claim authorized by section 98.28 256B.15, upon being presented a certified death certificate of 98.29 the decedent and an affidavit, in duplicate, made by or on 98.30 behalf of the successor stating that: 98.31 (1) the value of the entire probate estate, wherever 98.32 located, including specifically any contents of a safe deposit 98.33 box, less liens and encumbrances, does not exceed $20,000; 98.34 (2) 30 days have elapsed since the death of the decedent 98.35 or, in the event the property to be delivered is the contents of 98.36 a safe deposit box, 30 days have elapsed since the filing of an 99.1 inventory of the contents of the box pursuant to section 55.10, 99.2 paragraph (h); 99.3 (3) no application or petition for the appointment of a 99.4 personal representative is pending or has been granted in any 99.5 jurisdiction;and99.6 (4) if presented to a financial institution with a 99.7 multiple-party account in which the decedent had an interest at 99.8 the time of death, the amount of the affiant's claim and a good 99.9 faith estimate of the extent to which the decedent was the 99.10 source of funds or beneficial owner of the account; and 99.11(4)(5) the claiming successor is entitled to payment or 99.12 delivery of the property. 99.13 (b) A transfer agent of any security shall change the 99.14 registered ownership on the books of a corporation from the 99.15 decedent to the successor or successors upon the presentation of 99.16 an affidavit as provided in subsection (a). 99.17 (c) The claiming successor or state or county agency shall 99.18 disburse the proceeds collected under this section to any person 99.19 with a superior claim under section 524.2-403 or 524.3-805. 99.20 (d) A motor vehicle registrar shall issue a new certificate 99.21 of title in the name of the successor upon the presentation of 99.22 an affidavit as provided in subsection (a). 99.23 (e) The person controlling access to decedent's safe 99.24 deposit box need not open the box or deliver the contents of the 99.25 box if: 99.26 (1) the person has received notice of a written or oral 99.27 objection from any person or has reason to believe that there 99.28 would be an objection; or 99.29 (2) the lessee's key or combination is not available. 99.30 Sec. 19. Minnesota Statutes 1996, section 524.6-207, is 99.31 amended to read: 99.32 524.6-207 [RIGHTS OF CREDITORS.] 99.33 No multiple-party account will be effective against an 99.34 estate of a deceased party to transfer to a survivor sums needed 99.35 to pay debts, taxes, and expenses of administration, including 99.36 statutory allowances to the surviving spouse, minor children and 100.1 dependent children or against the state or a county agency with 100.2 a claim authorized by section 256B.15, if other assets of the 100.3 estate are insufficient, to the extent the deceased party is the 100.4 source of the funds or beneficial owner. A surviving party or 100.5 P.O.D. payee who receives payment from a multiple-party account 100.6 after the death of a deceased party shall be liable to account 100.7 to the deceased party's personal representative or the state or 100.8 a county agency with a claim authorized by section 256B.15 for 100.9 amounts the decedent owned beneficially immediately before death 100.10 to the extent necessary to discharge any such claims and charges 100.11 remaining unpaid after the application of the assets of the 100.12 decedent's estate. No proceeding to assert this liability shall 100.13 be commenced by the personal representative unless the personal 100.14 representative has received a written demand by a surviving 100.15 spouse, a creditor or one acting for a minor dependent child of 100.16 the decedent, and no proceeding shall be commenced later than 100.17 two years following the death of the decedent. Sums recovered 100.18 by the personal representative shall be administered as part of 100.19 the decedent's estate. This section shall not affect the right 100.20 of a financial institution to make payment on multiple-party 100.21 accounts according to the terms thereof, or make it liable to 100.22 the estate of a deceased party unless, before payment, the 100.23 institution has been served with process in a proceeding by the 100.24 personal representative or the state or a county agency with a 100.25 claim authorized by section 256B.15., or has been presented by 100.26 the state or a county agency with a claim authorized by section 100.27 256B.15 with an affidavit pursuant to section 524.3-1201. Upon 100.28 being presented with such an affidavit, the financial 100.29 institution shall make payment of the multiple-party account to 100.30 the affiant in an amount equal to the lesser of the claim stated 100.31 in the affidavit or the extent to which the affidavit identifies 100.32 the decedent as the source of funds or beneficial owner of the 100.33 account.