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SF 1095

as introduced - 90th Legislature (2017 - 2018) Posted on 02/17/2017 09:14am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to civil commitment; modifying and clarifying 48-hour admission
requirements; requiring a pretransfer evaluation in competency restoration cases;
amending Minnesota Statutes 2016, section 253B.10, subdivision 1.

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

Section 1.

Minnesota Statutes 2016, section 253B.10, subdivision 1, is amended to read:


Subdivision 1.

Administrative requirements.

(a) When a person is committed, the
court shall issue a warrant or an order committing the patient to the custody of the head of
the treatment facility. The warrant or order shall state that the patient meets the statutory
criteria for civil commitment.

(b) The commissioner shall prioritize patients being admitted from jail or a correctional
institution who are:

(1) ordered confined in a state hospital for an examination under Minnesota Rules of
Criminal Procedure, rules 20.01, subdivision 4, paragraph (a), and 20.02, subdivision 2;

(2) under civil commitment for competency treatment and continuing supervision under
Minnesota Rules of Criminal Procedure, rule 20.01, subdivision 7;

(3) found not guilty by reason of mental illness under Minnesota Rules of Criminal
Procedure, rule 20.02, subdivision 8, and under civil commitment or are ordered to be
detained in a state hospital or other facility pending completion of the civil commitment
proceedings; or

(4) committed under this chapter to the commissioner after dismissal of the patient's
criminal charges.

Patients described in this paragraph must be admitted to a service operated by the
commissioner within 48 hoursnew text begin of the time the commissioner receives notice of the court's
order or, if applicable, a pretransfer evaluation under paragraph (c). Regardless of when the
48-hour time period expires, a regional treatment center is not required to admit a patient
after 12:00 p.m. on Friday and before 8:00 a.m. on Monday
new text end . The commitment must be
ordered by the court as provided in section 253B.09, subdivision 1, paragraph (c).

(c) new text begin For patients described in paragraph (b), clause (2), upon issuance of the court's order,
the designated agency in the county where the jail is located shall arrange for a pretransfer
evaluation to determine whether placement of the person in a regional treatment facility is
appropriate or whether a less restrictive treatment program can meet the person's need for
competency treatment and restoration. The evaluation must be conducted by an examiner,
as defined in section 253B.02, subdivision 7, clause (1) or (2). The evaluation must be
conducted as soon as practicable and may be conducted using audio-visual interactive
technology. The county of financial responsibility is responsible for the cost of the evaluation.
Upon completion, the examiner shall immediately forward the evaluation to the
commissioner. The commissioner must provide for admission of the person to a regional
treatment center or a less restrictive program, consistent with the recommendation of the
examiner.
new text end

new text begin (d) new text end Upon the arrival of a patient at the designated treatment facility, the head of the
facility shall retain the duplicate of the warrant and endorse receipt upon the original warrant
or acknowledge receipt of the order. The endorsed receipt or acknowledgment must be filed
in the court of commitment. After arrival, the patient shall be under the control and custody
of the head of the treatment facility.

deleted text begin (d)deleted text end new text begin (e)new text end Copies of the petition for commitment, the court's findings of fact and conclusions
of law, the court order committing the patient, the report of the examiners, and the prepetition
report shall be provided promptly to the treatment facility.