SF 179

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to civil commitment; modifying a definition; 
  1.3             modifying the standard for an emergency hold; 
  1.4             extending the potential hospitalization stay under 
  1.5             early intervention; requiring certain hearings on 
  1.6             neuroleptic medications to be combined with a civil 
  1.7             commitment proceeding; amending Minnesota Statutes 
  1.8             2000, sections 253B.02, subdivision 13; 253B.05, 
  1.9             subdivision 1; 253B.066, subdivision 1; and 253B.07, 
  1.10            subdivision 2. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 2000, section 253B.02, 
  1.13  subdivision 13, is amended to read: 
  1.14     Subd. 13.  [MENTALLY ILL PERSON.] (a) "Mentally ill person" 
  1.15  means any person who has an organic disorder of the brain or a 
  1.16  substantial psychiatric disorder of thought, mood, perception, 
  1.17  orientation, or memory which grossly impairs judgment, behavior, 
  1.18  capacity to recognize reality, or to reason or understand, which 
  1.19  is manifested by instances of grossly disturbed behavior or 
  1.20  faulty perceptions and poses a substantial likelihood 
  1.21  of physical harm to self or others as demonstrated by: 
  1.22     (1) a failure to obtain necessary food, clothing, shelter, 
  1.23  or medical care as a result of the impairment; or behavior that 
  1.24  indicates the person is unlikely, without supervision and the 
  1.25  assistance of others, to satisfy the need for nourishment, 
  1.26  personal or medical care, shelter, or self-protection and safety 
  1.27  so that it is probable that the person will suffer substantial 
  1.28  bodily harm, significant psychiatric deterioration or 
  2.1   debilitation, or serious illness unless adequate treatment is 
  2.2   provided; 
  2.3      (2) a recent attempt or threat to physically harm self or 
  2.4   others; or 
  2.5      (3) recent conduct involving:  (a) serious harm or an 
  2.6   attempt or threat to seriously harm a person, or (b) significant 
  2.7   damage or an attempt or threat to significantly damage property. 
  2.8      (b) A person is not mentally ill under this section if the 
  2.9   impairment is solely due to: 
  2.10     (1) epilepsy; 
  2.11     (2) mental retardation; 
  2.12     (3) brief periods of intoxication caused by alcohol, drugs, 
  2.13  or other mind-altering substances; or 
  2.14     (4) dependence upon or addiction to any alcohol, drugs, or 
  2.15  other mind-altering substances. 
  2.16     Sec. 2.  Minnesota Statutes 2000, section 253B.05, 
  2.17  subdivision 1, is amended to read: 
  2.18     Subdivision 1.  [EMERGENCY HOLD.] (a) Any person may be 
  2.19  admitted or held for emergency care and treatment in a treatment 
  2.20  facility with the consent of the head of the treatment facility 
  2.21  upon a written statement by an examiner that:  (1) the examiner 
  2.22  has examined the person not more than 15 days prior to 
  2.23  admission, (2) the examiner is of the opinion, for stated 
  2.24  reasons, that the person is mentally ill, mentally retarded or 
  2.25  chemically dependent, and is in imminent danger of causing 
  2.26  injury to self or others if not immediately restrained, and (3)  
  2.27  an order of the court cannot be obtained in time to prevent the 
  2.28  anticipated injury.  
  2.29     (b) The examiner's statement shall be:  (1) sufficient 
  2.30  authority for a peace or health officer to transport a patient 
  2.31  to a treatment facility, (2) stated in behavioral terms and not 
  2.32  in conclusory language, and (3) of sufficient specificity to 
  2.33  provide an adequate record for review.  If imminent danger to 
  2.34  specific individuals is a basis for the emergency hold, the 
  2.35  statement must identify those individuals, to the extent 
  2.36  practicable.  A copy of the examiner's statement shall be 
  3.1   personally served on the person immediately upon admission and a 
  3.2   copy shall be maintained by the treatment facility.  
  3.3      Sec. 3.  Minnesota Statutes 2000, section 253B.066, 
  3.4   subdivision 1, is amended to read: 
  3.5      Subdivision 1.  [TREATMENT ALTERNATIVES.] If the court 
  3.6   orders early intervention under section 253B.065, subdivision 5, 
  3.7   the court may include in its order a variety of treatment 
  3.8   alternatives including, but not limited to, day treatment, 
  3.9   medication compliance monitoring, and short-term hospitalization 
  3.10  not to exceed ten 30 days. 
  3.11     If the court orders short-term hospitalization and the 
  3.12  proposed patient will not go voluntarily, the court may direct a 
  3.13  health officer, peace officer, or other person to take the 
  3.14  person into custody and transport the person to the hospital. 
  3.15     Sec. 4.  Minnesota Statutes 2000, section 253B.07, 
  3.16  subdivision 2, is amended to read: 
  3.17     Subd. 2.  [THE PETITION.] (a) Any interested person, except 
  3.18  a member of the prepetition screening team, may file a petition 
  3.19  for commitment in the district court of the county of the 
  3.20  proposed patient's residence or presence.  If the head of the 
  3.21  treatment facility believes that commitment is required and no 
  3.22  petition has been filed, the head of the treatment facility 
  3.23  shall petition for the commitment of the person. 
  3.24     (b) The petition shall set forth the name and address of 
  3.25  the proposed patient, the name and address of the patient's 
  3.26  nearest relatives, and the reasons for the petition.  The 
  3.27  petition must contain factual descriptions of the proposed 
  3.28  patient's recent behavior, including a description of the 
  3.29  behavior, where it occurred, and the time period over which it 
  3.30  occurred.  Each factual allegation must be supported by 
  3.31  observations of witnesses named in the petition.  Petitions 
  3.32  shall be stated in behavioral terms and shall not contain 
  3.33  judgmental or conclusory statements.  
  3.34     (c) The petition shall be accompanied by a written 
  3.35  statement by an examiner stating that the examiner has examined 
  3.36  the proposed patient within the 15 days preceding the filing of 
  4.1   the petition and is of the opinion that the proposed patient is 
  4.2   suffering a designated disability and should be committed to a 
  4.3   treatment facility.  The statement shall include the reasons for 
  4.4   the opinion.  In the case of a commitment based on mental 
  4.5   illness, the petition and the examiner's statement may shall 
  4.6   include, to the extent this information is available, a 
  4.7   statement and opinion regarding the proposed patient's need for 
  4.8   treatment with neuroleptic medication and the patient's capacity 
  4.9   to make decisions regarding the administration of neuroleptic 
  4.10  medications, and the reasons for the opinion.  If use of 
  4.11  neuroleptic medications may be recommended, the petition for 
  4.12  commitment must include a request for proceedings under section 
  4.13  253B.092.  If a petitioner has been unable to secure a statement 
  4.14  from an examiner, the petition shall include documentation that 
  4.15  a reasonable effort has been made to secure the supporting 
  4.16  statement.