SF 179

3rd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to civil commitment; requiring certain 
  1.3             hearings on neuroleptic medications to be combined 
  1.4             with a civil commitment proceeding; amending Minnesota 
  1.5             Statutes 2000, sections 253B.066, subdivision 1; 
  1.6             253B.07, subdivision 2. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, section 253B.066, 
  1.9   subdivision 1, is amended to read: 
  1.10     Subdivision 1.  [TREATMENT ALTERNATIVES.] If the court 
  1.11  orders early intervention under section 253B.065, subdivision 5, 
  1.12  the court may include in its order a variety of treatment 
  1.13  alternatives including, but not limited to, day treatment, 
  1.14  medication compliance monitoring, and short-term hospitalization 
  1.15  not to exceed ten 21 days. 
  1.16     If the court orders short-term hospitalization and the 
  1.17  proposed patient will not go voluntarily, the court may direct a 
  1.18  health officer, peace officer, or other person to take the 
  1.19  person into custody and transport the person to the hospital. 
  1.20     Sec. 2.  Minnesota Statutes 2000, section 253B.07, 
  1.21  subdivision 2, is amended to read: 
  1.22     Subd. 2.  [THE PETITION.] (a) Any interested person, except 
  1.23  a member of the prepetition screening team, may file a petition 
  1.24  for commitment in the district court of the county of the 
  1.25  proposed patient's residence or presence.  If the head of the 
  1.26  treatment facility believes that commitment is required and no 
  2.1   petition has been filed, the head of the treatment facility 
  2.2   shall petition for the commitment of the person. 
  2.3      (b) The petition shall set forth the name and address of 
  2.4   the proposed patient, the name and address of the patient's 
  2.5   nearest relatives, and the reasons for the petition.  The 
  2.6   petition must contain factual descriptions of the proposed 
  2.7   patient's recent behavior, including a description of the 
  2.8   behavior, where it occurred, and the time period over which it 
  2.9   occurred.  Each factual allegation must be supported by 
  2.10  observations of witnesses named in the petition.  Petitions 
  2.11  shall be stated in behavioral terms and shall not contain 
  2.12  judgmental or conclusory statements.  
  2.13     (c) The petition shall be accompanied by a written 
  2.14  statement by an examiner stating that the examiner has examined 
  2.15  the proposed patient within the 15 days preceding the filing of 
  2.16  the petition and is of the opinion that the proposed patient is 
  2.17  suffering a designated disability and should be committed to a 
  2.18  treatment facility.  The statement shall include the reasons for 
  2.19  the opinion.  In the case of a commitment based on mental 
  2.20  illness, the petition and the examiner's statement may shall 
  2.21  include, to the extent this information is available, a 
  2.22  statement and opinion regarding the proposed patient's need for 
  2.23  treatment with neuroleptic medication and the patient's capacity 
  2.24  to make decisions regarding the administration of neuroleptic 
  2.25  medications, and the reasons for the opinion.  If use of 
  2.26  neuroleptic medications is recommended by the treating 
  2.27  physician, the petition for commitment must, if applicable, 
  2.28  include or be accompanied by a request for proceedings under 
  2.29  section 253B.092.  Failure to include the required information 
  2.30  regarding neuroleptic medications in the examiner's statement, 
  2.31  or to include a request for an order regarding neuroleptic 
  2.32  medications with the commitment petition, is not a basis for 
  2.33  dismissing the commitment petition.  If a petitioner has been 
  2.34  unable to secure a statement from an examiner, the petition 
  2.35  shall include documentation that a reasonable effort has been 
  2.36  made to secure the supporting statement.