SF 179

1st Unofficial 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; defining mentally ill 
  1.3             person; requiring all persons committed to a treatment 
  1.4             facility to be notified of certain rights; requiring 
  1.5             facilities to use clinical admission criteria; 
  1.6             requiring prepetition screening team to provide 
  1.7             proposed patient a notice containing information 
  1.8             regarding civil commitment; requiring counties to 
  1.9             report data on civil commitment costs; requiring 
  1.10            certain hearings on neuroleptic medications to be 
  1.11            combined with a civil commitment proceeding; amending 
  1.12            Minnesota Statutes 2000, sections 253B.02, subdivision 
  1.13            13; 253B.03, subdivisions 5, 10, by adding a 
  1.14            subdivision; 253B.04, subdivisions 1, 1a, by adding a 
  1.15            subdivision; 253B.05, subdivision 1; 253B.065, 
  1.16            subdivision 5; 253B.066, subdivision 1; 253B.07, 
  1.17            subdivisions 1, 2, 7; 253B.09, subdivision 1. 
  1.18  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.19     Section 1.  Minnesota Statutes 2000, section 253B.02, 
  1.20  subdivision 13, is amended to read: 
  1.21     Subd. 13.  [MENTALLY ILL PERSON.] (a) "Mentally ill person" 
  1.22  means any person who has an organic disorder of the brain or a 
  1.23  substantial psychiatric disorder of thought, mood, perception, 
  1.24  orientation, or memory which grossly impairs judgment, behavior, 
  1.25  capacity to recognize reality, or to reason or understand, which 
  1.26  is manifested by instances of grossly disturbed behavior or 
  1.27  faulty perceptions and poses a substantial likelihood of 
  1.28  physical harm to self or others as demonstrated by: 
  1.29     (1) a failure to obtain necessary food, clothing, shelter, 
  1.30  or medical care as a result of the impairment; or 
  1.31     (2) an inability for reasons other than indigence to obtain 
  2.1   necessary food, clothing, shelter, or medical care as a result 
  2.2   of the impairment and it is more probable than not that the 
  2.3   person will suffer substantial harm, significant psychiatric 
  2.4   deterioration or debilitation, or serious illness, unless 
  2.5   appropriate treatment and services are provided; 
  2.6      (2) (3) a recent attempt or threat to physically harm self 
  2.7   or others; or 
  2.8      (4) recent and volitional conduct involving significant 
  2.9   damage to substantial property. 
  2.10     (b) A person is not mentally ill under this section if the 
  2.11  impairment is solely due to: 
  2.12     (1) epilepsy; 
  2.13     (2) mental retardation; 
  2.14     (3) brief periods of intoxication caused by alcohol, drugs, 
  2.15  or other mind-altering substances; or 
  2.16     (4) dependence upon or addiction to any alcohol, drugs, or 
  2.17  other mind-altering substances. 
  2.18     Sec. 2.  Minnesota Statutes 2000, section 253B.03, 
  2.19  subdivision 5, is amended to read: 
  2.20     Subd. 5.  [PERIODIC ASSESSMENT.] A patient has the right to 
  2.21  periodic medical assessment, including assessment of the medical 
  2.22  necessity of continuing care and, if the treatment facility 
  2.23  declines to provide continuing care, the right to receive 
  2.24  specific written reasons why continuing care is declined at the 
  2.25  time of the assessment.  The treatment facility shall assess the 
  2.26  physical and mental condition of every patient as frequently as 
  2.27  necessary, but not less often than annually.  If the patient 
  2.28  refuses to be examined, the facility shall document in the 
  2.29  patient's chart its attempts to examine the patient.  If a 
  2.30  person is committed as mentally retarded for an indeterminate 
  2.31  period of time, the three-year judicial review must include the 
  2.32  annual reviews for each year as outlined in Minnesota Rules, 
  2.33  part 9525.0075, subpart 6.  
  2.34     Sec. 3.  Minnesota Statutes 2000, section 253B.03, 
  2.35  subdivision 10, is amended to read: 
  2.36     Subd. 10.  [NOTIFICATION.] All persons admitted or 
  3.1   committed to a treatment facility shall be notified in writing 
  3.2   of their rights under this chapter regarding hospitalization and 
  3.3   other treatment at the time of admission.  This notification 
  3.4   must include: 
  3.5      (1) patient rights specified in this section and section 
  3.6   144.651, including nursing home discharge rights; 
  3.7      (2) the right to obtain treatment and services voluntarily 
  3.8   under this chapter; 
  3.9      (3) the right to voluntary admission and release under 
  3.10  section 253B.04; 
  3.11     (4) rights in case of an emergency admission under section 
  3.12  253B.05, including the right to documentation in support of an 
  3.13  emergency hold and the right to a summary hearing before a judge 
  3.14  if the patient believes an emergency hold is improper; 
  3.15     (5) the right to request expedited review under section 
  3.16  62M.05 if additional days of inpatient stay are denied; 
  3.17     (6) the right to continuing benefits pending appeal and to 
  3.18  an expedited administrative hearing under section 256.045 if the 
  3.19  patient is a recipient of medical assistance, general assistance 
  3.20  medical care, or MinnesotaCare; and 
  3.21     (7) the right to an external appeal process under section 
  3.22  62Q.73, including the right to a second opinion.  
  3.23     Sec. 4.  Minnesota Statutes 2000, section 253B.03, is 
  3.24  amended by adding a subdivision to read: 
  3.25     Subd. 11.  [PROXY.] A legally authorized health care proxy, 
  3.26  agent, guardian, or conservator may exercise the patient's 
  3.27  rights on the patient's behalf.  
  3.28     Sec. 5.  Minnesota Statutes 2000, section 253B.04, 
  3.29  subdivision 1, is amended to read: 
  3.30     Subdivision 1.  [VOLUNTARY ADMISSION AND TREATMENT.] (a) 
  3.31  Voluntary admission is preferred over involuntary commitment and 
  3.32  treatment.  Any person 16 years of age or older may request to 
  3.33  be admitted to a treatment facility as a voluntary patient for 
  3.34  observation, evaluation, diagnosis, care and treatment without 
  3.35  making formal written application.  Any person under the age of 
  3.36  16 years may be admitted as a patient with the consent of a 
  4.1   parent or legal guardian if it is determined by independent 
  4.2   examination that there is reasonable evidence that (1) the 
  4.3   proposed patient has a mental illness, or is mentally retarded 
  4.4   or chemically dependent; and (2) the proposed patient is 
  4.5   suitable for treatment.  The head of the treatment facility 
  4.6   shall not arbitrarily refuse any person seeking admission as a 
  4.7   voluntary patient.  In making decisions regarding admissions, 
  4.8   the facility shall use clinical admission criteria consistent 
  4.9   with the current applicable inpatient admission standards 
  4.10  established by the American Psychiatric Association or the 
  4.11  American Academy of Child and Adolescent Psychiatry.  These 
  4.12  criteria must be no more restrictive than, and must be 
  4.13  consistent with, the requirements of section 62Q.53.  The 
  4.14  facility may not refuse to admit a person voluntarily solely 
  4.15  because the person does not meet the criteria for involuntary 
  4.16  holds under section 253B.05 or the definition of mental illness 
  4.17  under section 253B.02, subdivision 13.  
  4.18     (b) In addition to the consent provisions of paragraph (a), 
  4.19  a person who is 16 or 17 years of age who refuses to consent 
  4.20  personally to admission may be admitted as a patient for mental 
  4.21  illness or chemical dependency treatment with the consent of a 
  4.22  parent or legal guardian if it is determined by an independent 
  4.23  examination that there is reasonable evidence that the proposed 
  4.24  patient is chemically dependent or has a mental illness and is 
  4.25  suitable for treatment.  The person conducting the examination 
  4.26  shall notify the proposed patient and the parent or legal 
  4.27  guardian of this determination. 
  4.28     Sec. 6.  Minnesota Statutes 2000, section 253B.04, 
  4.29  subdivision 1a, is amended to read: 
  4.30     Subd. 1a.  [VOLUNTARY TREATMENT OR ADMISSION FOR PERSONS 
  4.31  WITH MENTAL ILLNESS.] (a) A person with a mental illness may 
  4.32  seek or voluntarily agree to accept treatment or admission to a 
  4.33  facility.  If the mental health provider determines that the 
  4.34  person lacks the capacity to give informed consent for the 
  4.35  treatment or admission, and in the absence of a health care 
  4.36  power of attorney that authorizes consent, the designated agency 
  5.1   or its designee may give informed consent for mental health 
  5.2   treatment or admission to a treatment facility on behalf of the 
  5.3   person. 
  5.4      (b) The designated agency shall apply the following 
  5.5   criteria in determining the person's ability to give informed 
  5.6   consent: 
  5.7      (1) whether the person demonstrates an awareness of the 
  5.8   person's illness, and the reasons for treatment, its risks, 
  5.9   benefits and alternatives, and the possible consequences of 
  5.10  refusing treatment; and 
  5.11     (2) whether the person communicates verbally or nonverbally 
  5.12  a clear choice concerning treatment that is a reasoned one, not 
  5.13  based on delusion, even though it may not be in the person's 
  5.14  best interests. 
  5.15     (c) The basis for the designated agency's decision that the 
  5.16  person lacks the capacity to give informed consent for treatment 
  5.17  or admission, and that the patient has voluntarily accepted 
  5.18  treatment or admission, must be documented in writing. 
  5.19     (d) A mental health provider that provides treatment in 
  5.20  reliance on the written consent given by the designated agency 
  5.21  under this subdivision or by a substitute decision-maker 
  5.22  appointed by the court is not civilly or criminally liable for 
  5.23  performing treatment without consent.  This paragraph does not 
  5.24  affect any other liability that may result from the manner in 
  5.25  which the treatment is performed. 
  5.26     (e) A person who receives treatment or is admitted to a 
  5.27  facility under this subdivision or subdivision 1b has the right 
  5.28  to refuse treatment at any time or to be released from a 
  5.29  facility as provided under subdivision 2.  The person or any 
  5.30  interested person acting on the person's behalf may seek court 
  5.31  review within five days for a determination of whether the 
  5.32  person's agreement to accept treatment or admission is 
  5.33  voluntary.  At the time a person agrees to treatment or 
  5.34  admission to a facility under this subdivision, the designated 
  5.35  agency or its designee shall inform the person in writing of the 
  5.36  person's rights under this paragraph. 
  6.1      (f) This subdivision does not authorize the administration 
  6.2   of neuroleptic medications.  Neuroleptic medications may be 
  6.3   administered only as provided in section 253B.092. 
  6.4      Sec. 7.  Minnesota Statutes 2000, section 253B.04, is 
  6.5   amended by adding a subdivision to read: 
  6.6      Subd. 1b.  [COURT APPOINTMENT OF SUBSTITUTE 
  6.7   DECISION-MAKER.] If the designated agency or its designee 
  6.8   declines or refuses to give informed consent under subdivision 
  6.9   1a, the person who is seeking treatment or admission, or an 
  6.10  interested person acting on behalf of the person, may petition 
  6.11  the court for appointment of a substitute decision-maker who may 
  6.12  give informed consent for voluntary treatment and services.  In 
  6.13  making this determination, the court shall apply the criteria in 
  6.14  subdivision 1a, paragraph (b). 
  6.15     Sec. 8.  Minnesota Statutes 2000, section 253B.05, 
  6.16  subdivision 1, is amended to read: 
  6.17     Subdivision 1.  [EMERGENCY HOLD.] (a) Any person may be 
  6.18  admitted or held for emergency care and treatment in a treatment 
  6.19  facility with the consent of the head of the treatment facility 
  6.20  upon a written statement by an examiner that: 
  6.21     (1) the examiner has examined the person not more than 15 
  6.22  days prior to admission,; 
  6.23     (2) the examiner is of the opinion, for stated reasons, 
  6.24  that the person is mentally ill, mentally retarded or chemically 
  6.25  dependent, and is in imminent danger of causing injury to self 
  6.26  or others if not immediately restrained, detained; and 
  6.27     (3) an order of the court cannot be obtained in time to 
  6.28  prevent the anticipated injury.  
  6.29     (b) If the proposed patient has been brought to the 
  6.30  treatment facility by another person, the examiner shall make a 
  6.31  good-faith effort to obtain a statement of information that is 
  6.32  available from that person, which must be taken into 
  6.33  consideration in deciding whether to place the proposed patient 
  6.34  on an emergency hold.  The statement of information must 
  6.35  include, to the extent available, direct observations of the 
  6.36  proposed patient's behaviors, reliable knowledge of recent and 
  7.1   past behavior, and information regarding psychiatric history, 
  7.2   past treatment, and current mental health providers.  The 
  7.3   examiner shall also inquire into the existence of health care 
  7.4   directives under chapter 145, and advance psychiatric directives 
  7.5   under section 253B.03, subdivision 6d.  Failure to obtain the 
  7.6   statement of information does not invalidate an emergency hold 
  7.7   issued by the examiner under this subdivision. 
  7.8      (c) The examiner's statement shall be:  (1) sufficient 
  7.9   authority for a peace or health officer to transport a patient 
  7.10  to a treatment facility, (2) stated in behavioral terms and not 
  7.11  in conclusory language, and (3) of sufficient specificity to 
  7.12  provide an adequate record for review.  If imminent danger to 
  7.13  specific individuals is a basis for the emergency hold, the 
  7.14  statement must identify those individuals, to the extent 
  7.15  practicable.  A copy of the examiner's statement shall be 
  7.16  personally served on the person immediately upon admission and a 
  7.17  copy shall be maintained by the treatment facility.  
  7.18     Sec. 9.  Minnesota Statutes 2000, section 253B.065, 
  7.19  subdivision 5, is amended to read: 
  7.20     Subd. 5.  [EARLY INTERVENTION CRITERIA.] (a) A court shall 
  7.21  order early intervention treatment of a proposed patient who 
  7.22  meets the criteria under paragraph (b).  The early intervention 
  7.23  treatment must be less intrusive than long-term inpatient 
  7.24  commitment and must be the least restrictive treatment program 
  7.25  available that can meet the patient's treatment needs. 
  7.26     (b) The court shall order early intervention treatment if 
  7.27  the court finds all of the elements of the following factors by 
  7.28  clear and convincing evidence: 
  7.29     (1) the proposed patient is mentally ill; 
  7.30     (2) the proposed patient refuses to accept appropriate 
  7.31  mental health treatment; and 
  7.32     (3) the proposed patient's mental illness is manifested by 
  7.33  instances of grossly disturbed behavior or faulty perceptions 
  7.34  and either: 
  7.35     (i) the grossly disturbed behavior or faulty perceptions 
  7.36  significantly interfere with the proposed patient's ability to 
  8.1   care for self and the proposed patient, when competent, would 
  8.2   have chosen substantially similar treatment under the same 
  8.3   circumstances; or 
  8.4      (ii) due to the mental illness, the proposed patient 
  8.5   received court-ordered inpatient treatment under section 253B.09 
  8.6   at least two times in the previous three years; the patient is 
  8.7   exhibiting symptoms or behavior substantially similar to those 
  8.8   that precipitated one or more of the court-ordered treatments; 
  8.9   and the patient is reasonably expected to physically or mentally 
  8.10  deteriorate to the point of meeting the criteria for commitment 
  8.11  under section 253B.09 unless treated. 
  8.12     For purposes of this paragraph, a proposed patient who was 
  8.13  released under section 253B.095 and whose release was not 
  8.14  revoked is not considered to have received court-ordered 
  8.15  inpatient treatment under section 253B.09.  
  8.16     (c) For purposes of paragraph (b), none of the following 
  8.17  constitute a refusal to accept appropriate mental health 
  8.18  treatment: 
  8.19     (1) a willingness to take medication but a reasonable 
  8.20  disagreement about type or dosage; 
  8.21     (2) a good-faith effort to follow a reasonable alternative 
  8.22  treatment plan, including treatment as specified in a valid 
  8.23  advance directive under chapter 145C or section 253B.03, 
  8.24  subdivision 6d; 
  8.25     (3) an inability to obtain access to appropriate treatment 
  8.26  because of inadequate health care coverage or an insurer's 
  8.27  refusal or delay in providing coverage for the treatment; or 
  8.28     (4) an inability to obtain access to needed mental health 
  8.29  services because the provider will only accept patients who are 
  8.30  under a court order or because the provider gives persons under 
  8.31  a court order a priority over voluntary patients in obtaining 
  8.32  treatment and services. 
  8.33     Sec. 10.  Minnesota Statutes 2000, section 253B.066, 
  8.34  subdivision 1, is amended to read: 
  8.35     Subdivision 1.  [TREATMENT ALTERNATIVES.] If the court 
  8.36  orders early intervention under section 253B.065, subdivision 5, 
  9.1   the court may include in its order a variety of treatment 
  9.2   alternatives including, but not limited to, day treatment, 
  9.3   medication compliance monitoring, and short-term hospitalization 
  9.4   not to exceed ten 21 days. 
  9.5      If the court orders short-term hospitalization and the 
  9.6   proposed patient will not go voluntarily, the court may direct a 
  9.7   health officer, peace officer, or other person to take the 
  9.8   person into custody and transport the person to the hospital. 
  9.9      Sec. 11.  Minnesota Statutes 2000, section 253B.07, 
  9.10  subdivision 1, is amended to read: 
  9.11     Subdivision 1.  [PREPETITION SCREENING.] (a) Prior to 
  9.12  filing a petition for commitment of or early intervention for a 
  9.13  proposed patient, an interested person shall apply to the 
  9.14  designated agency in the county of the proposed patient's 
  9.15  residence or presence for conduct of a preliminary 
  9.16  investigation, except when the proposed patient has been 
  9.17  acquitted of a crime under section 611.026 and the county 
  9.18  attorney is required to file a petition for commitment.  The 
  9.19  designated agency shall appoint a screening team to conduct an 
  9.20  investigation which shall include.  The petitioner may not be a 
  9.21  member of the screening team.  The investigation must include: 
  9.22     (i) (1) a personal interview with the proposed patient and 
  9.23  other individuals who appear to have knowledge of the condition 
  9.24  of the proposed patient.  If the proposed patient is not 
  9.25  interviewed, specific reasons must be documented; 
  9.26     (ii) (2) identification and investigation of specific 
  9.27  alleged conduct which is the basis for application; 
  9.28     (iii) (3) identification, exploration, and listing of 
  9.29  the specific reasons for rejecting or recommending alternatives 
  9.30  to involuntary placement; 
  9.31     (iv) (4) in the case of a commitment based on mental 
  9.32  illness, the following information, if it is known or available: 
  9.33  information, that may be relevant to the administration of 
  9.34  neuroleptic medications, if necessary, including the existence 
  9.35  of a declaration under section 253B.03, subdivision 6d, or a 
  9.36  health care directive under chapter 145C or a guardian, 
 10.1   conservator, proxy, or agent with authority to make health care 
 10.2   decisions for the proposed patient; information regarding the 
 10.3   capacity of the proposed patient to make decisions regarding 
 10.4   administration of neuroleptic medication; and whether the 
 10.5   proposed patient is likely to consent or refuse consent to 
 10.6   administration of the medication; and 
 10.7      (v) (5) seeking input from the proposed patient's health 
 10.8   plan company to provide the court with information about 
 10.9   services the enrollee needs and the least restrictive 
 10.10  alternatives.; and 
 10.11     (6) in the case of a commitment based on mental illness, 
 10.12  information listed in clause (4) for other purposes relevant to 
 10.13  treatment. 
 10.14     (b) In conducting the investigation required by this 
 10.15  subdivision, the screening team shall have access to all 
 10.16  relevant medical records of proposed patients currently in 
 10.17  treatment facilities.  Data collected pursuant to this clause 
 10.18  shall be considered private data on individuals.  The 
 10.19  prepetition screening report is not admissible in any court 
 10.20  proceedings unrelated to the commitment proceedings. 
 10.21     (c) The prepetition screening team shall provide a notice, 
 10.22  written in easily understood language, to the proposed patient, 
 10.23  the petitioner, persons named in a declaration under chapter 
 10.24  145C or section 253B.03, subdivision 6d, and, with the proposed 
 10.25  patient's consent, other interested parties.  The team shall ask 
 10.26  the patient if the patient wants the notice read and shall read 
 10.27  the notice to the patient upon request.  The notice must contain 
 10.28  information regarding the process, purpose, and legal effects of 
 10.29  civil commitment and early intervention.  The notice must inform 
 10.30  the proposed patient that: 
 10.31     (1) if a petition is filed, the patient has certain rights, 
 10.32  including the right to a court-appointed attorney, the right to 
 10.33  request a second examiner, the right to attend hearings, and the 
 10.34  right to oppose the proceeding and to present and contest 
 10.35  evidence; and 
 10.36     (2) if the proposed patient is committed to a state 
 11.1   regional treatment center or group home, the patient may be 
 11.2   billed for the cost of care and the state has the right to make 
 11.3   a claim against the patient's estate for this cost. 
 11.4      The ombudsman for mental health and mental retardation 
 11.5   shall develop a form for the notice, which includes the 
 11.6   requirements of this paragraph.  
 11.7      (d) When the prepetition screening team recommends 
 11.8   commitment, a written report shall be sent to the county 
 11.9   attorney for the county in which the petition is to be 
 11.10  filed.  The statement of facts contained in the written report 
 11.11  must meet the requirements of subdivision 2, paragraph (b). 
 11.12     (d) (e) The prepetition screening team shall refuse to 
 11.13  support a petition if the investigation does not disclose 
 11.14  evidence sufficient to support commitment.  Notice of the 
 11.15  prepetition screening team's decision shall be provided to the 
 11.16  prospective petitioner and to the proposed patient.  
 11.17     (e) (f) If the interested person wishes to proceed with a 
 11.18  petition contrary to the recommendation of the prepetition 
 11.19  screening team, application may be made directly to the county 
 11.20  attorney, who may shall determine whether or not to proceed with 
 11.21  the petition.  Notice of the county attorney's determination 
 11.22  shall be provided to the interested party.  
 11.23     (f) (g) If the proposed patient has been acquitted of a 
 11.24  crime under section 611.026, the county attorney shall apply to 
 11.25  the designated county agency in the county in which the 
 11.26  acquittal took place for a preliminary investigation unless 
 11.27  substantially the same information relevant to the proposed 
 11.28  patient's current mental condition, as could be obtained by a 
 11.29  preliminary investigation, is part of the court record in the 
 11.30  criminal proceeding or is contained in the report of a mental 
 11.31  examination conducted in connection with the criminal 
 11.32  proceeding.  If a court petitions for commitment pursuant to the 
 11.33  rules of criminal or juvenile procedure or a county attorney 
 11.34  petitions pursuant to acquittal of a criminal charge under 
 11.35  section 611.026, the prepetition investigation, if required by 
 11.36  this section, shall be completed within seven days after the 
 12.1   filing of the petition.  
 12.2      Sec. 12.  Minnesota Statutes 2000, section 253B.07, 
 12.3   subdivision 2, is amended to read: 
 12.4      Subd. 2.  [THE PETITION.] (a) Any interested person, except 
 12.5   a member of the prepetition screening team, may file a petition 
 12.6   for commitment in the district court of the county of the 
 12.7   proposed patient's residence or presence.  If the head of the 
 12.8   treatment facility believes that commitment is required and no 
 12.9   petition has been filed, the head of the treatment facility 
 12.10  shall petition for the commitment of the person. 
 12.11     (b) The petition shall set forth the name and address of 
 12.12  the proposed patient, the name and address of the patient's 
 12.13  nearest relatives, and the reasons for the petition.  The 
 12.14  petition must contain factual descriptions of the proposed 
 12.15  patient's recent behavior, including a description of the 
 12.16  behavior, where it occurred, and the time period over which it 
 12.17  occurred.  Each factual allegation must be supported by 
 12.18  observations of witnesses named in the petition.  Petitions 
 12.19  shall be stated in behavioral terms and shall not contain 
 12.20  judgmental or conclusory statements.  
 12.21     (c) The petition shall be accompanied by a written 
 12.22  statement by an examiner stating that the examiner has examined 
 12.23  the proposed patient within the 15 days preceding the filing of 
 12.24  the petition and is of the opinion that the proposed patient is 
 12.25  suffering a designated disability and should be committed to a 
 12.26  treatment facility.  The statement shall include the reasons for 
 12.27  the opinion.  In the case of a commitment based on mental 
 12.28  illness, the petition and the examiner's statement may shall 
 12.29  include, to the extent this information is available, a 
 12.30  statement and opinion regarding the proposed patient's need for 
 12.31  treatment with neuroleptic medication and the patient's capacity 
 12.32  to make decisions regarding the administration of neuroleptic 
 12.33  medications, and the reasons for the opinion.  If use of 
 12.34  neuroleptic medications is recommended by the treating 
 12.35  physician, the petition for commitment must, if applicable, 
 12.36  include or be accompanied by a request for proceedings under 
 13.1   section 253B.092.  Failure to include the required information 
 13.2   regarding neuroleptic medications in the examiner's statement, 
 13.3   or to include a request for an order regarding neuroleptic 
 13.4   medications with the commitment petition, is not a basis for 
 13.5   dismissing the commitment petition.  If a petitioner has been 
 13.6   unable to secure a statement from an examiner, the petition 
 13.7   shall include documentation that a reasonable effort has been 
 13.8   made to secure the supporting statement.  
 13.9      Sec. 13.  Minnesota Statutes 2000, section 253B.07, 
 13.10  subdivision 7, is amended to read: 
 13.11     Subd. 7.  [PRELIMINARY HEARING.] (a) No proposed patient 
 13.12  may be held in a treatment facility under a judicial hold 
 13.13  pursuant to subdivision 6 longer than 72 hours, exclusive of 
 13.14  Saturdays, Sundays, and legal holidays, unless the court holds a 
 13.15  preliminary hearing and determines that the standard is met to 
 13.16  hold the person.  
 13.17     (b) The proposed patient, patient's counsel, the 
 13.18  petitioner, the county attorney, and any other persons as the 
 13.19  court directs shall be given at least 24 hours written notice of 
 13.20  the preliminary hearing.  The notice shall include the alleged 
 13.21  grounds for confinement.  The proposed patient shall be 
 13.22  represented at the preliminary hearing by counsel.  The court 
 13.23  may admit reliable hearsay evidence, including written reports, 
 13.24  for the purpose of the preliminary hearing.  
 13.25     (c) The court, on its motion or on the motion of any party, 
 13.26  may exclude or excuse a proposed patient who is seriously 
 13.27  disruptive or who is incapable of comprehending and 
 13.28  participating in the proceedings.  In such instances, the court 
 13.29  shall, with specificity on the record, state the behavior of the 
 13.30  proposed patient or other circumstances which justify proceeding 
 13.31  in the absence of the proposed patient.  
 13.32     (d) The court may continue the judicial hold of the 
 13.33  proposed patient if it finds, by a preponderance of the 
 13.34  evidence, that serious imminent physical harm to the proposed 
 13.35  patient or others is likely if the proposed patient is not 
 13.36  immediately confined.  If a proposed patient was acquitted of a 
 14.1   crime against the person under section 611.026 immediately 
 14.2   preceding the filing of the petition, the court may presume that 
 14.3   serious imminent physical harm to the patient or others is 
 14.4   likely if the proposed patient is not immediately confined.  
 14.5      (e) Upon a showing that a person subject to a petition for 
 14.6   commitment may need treatment with neuroleptic medications and 
 14.7   that the person may lack capacity to make decisions regarding 
 14.8   that treatment, the court may appoint a substitute 
 14.9   decision-maker as provided in section 253B.092, subdivision 6.  
 14.10  The substitute decision-maker shall meet with the proposed 
 14.11  patient and provider and make a report to the court at the 
 14.12  hearing under section 253B.08 regarding whether the 
 14.13  administration of neuroleptic medications is appropriate under 
 14.14  the criteria of section 253B.092, subdivision 7.  If the 
 14.15  substitute decision-maker consents to treatment with neuroleptic 
 14.16  medications and the proposed patient does not refuse the 
 14.17  medication, neuroleptic medication may be administered to the 
 14.18  patient.  If the substitute decision-maker does not consent or 
 14.19  the patient refuses, neuroleptic medication may not be 
 14.20  administered without a court order, or in an emergency as set 
 14.21  forth in section 253B.092, subdivision 3. 
 14.22     Sec. 14.  Minnesota Statutes 2000, section 253B.09, 
 14.23  subdivision 1, is amended to read: 
 14.24     Subdivision 1.  [STANDARD OF PROOF.] (a) If the court finds 
 14.25  by clear and convincing evidence that the proposed patient is a 
 14.26  mentally ill, mentally retarded, or chemically dependent person 
 14.27  and after careful consideration of reasonable alternative 
 14.28  dispositions, including but not limited to, dismissal of 
 14.29  petition, voluntary outpatient care, voluntary admission to a 
 14.30  treatment facility, appointment of a guardian or conservator, or 
 14.31  release before commitment as provided for in subdivision 4, it 
 14.32  finds that there is no suitable alternative to judicial 
 14.33  commitment, the court shall commit the patient to the least 
 14.34  restrictive treatment program or alternative programs which can 
 14.35  meet the patient's treatment needs consistent with section 
 14.36  253B.03, subdivision 7.  
 15.1      (b) In deciding on the least restrictive program, the court 
 15.2   shall consider a range of treatment alternatives including, but 
 15.3   not limited to, community-based nonresidential treatment, 
 15.4   community residential treatment, partial hospitalization, acute 
 15.5   care hospital, and regional treatment center services.  The 
 15.6   court shall also consider the proposed patient's treatment 
 15.7   preferences and willingness to participate voluntarily in the 
 15.8   treatment ordered.  The court may not commit a patient to a 
 15.9   facility or program that is not capable of meeting the patient's 
 15.10  needs.  
 15.11     Sec. 15.  [DATA REGARDING COUNTY COMMITMENT COSTS.] 
 15.12     Each county shall report data regarding all county costs 
 15.13  for civil commitments under Minnesota Statutes, section 253B.09, 
 15.14  beginning July 1, 2002, to the commissioner of human services.  
 15.15  This fiscal data must include, but is not limited to court 
 15.16  costs, hold order costs under Minnesota Statutes, section 
 15.17  253.05, the county share of costs for placement in a regional 
 15.18  treatment center, costs for pre-petition screening under 
 15.19  Minnesota Statutes, section 253B.07, case management costs, 
 15.20  transportation costs, and contract bed costs.  The commissioner 
 15.21  shall report this information, including any increases or 
 15.22  decreases in county commitment costs that occur after the 
 15.23  implementation of sections 1 to 12, to the legislature by 
 15.24  January 15, 2004. 
 15.25     Sec. 16.  [EFFECTIVE DATE.] 
 15.26     Sections 1 to 15 are effective July 1, 2002.