SF 179

1st 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; modifying a definition; 
  1.3             modifying the standard for an emergency or judicial 
  1.4             hold; extending the potential hospitalization stay 
  1.5             under early intervention; requiring certain hearings 
  1.6             on 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; 253B.07, 
  1.10            subdivisions 2, 7. 
  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: 
  1.21     (1) poses a substantial likelihood of physical harm to self 
  1.22  or others as demonstrated by: 
  1.23     (1) (i) a failure to obtain necessary food, clothing, 
  1.24  shelter, or medical care as a result of the impairment; or 
  1.25     (ii) an inability for reasons other than indigence to 
  1.26  obtain necessary food, clothing, shelter, or medical care as a 
  1.27  result of the impairment and it is probable that the person will 
  1.28  suffer substantial harm, significant psychiatric deterioration 
  2.1   or debilitation, or serious illness, unless appropriate 
  2.2   treatment and services are provided; or 
  2.3      (2) (iii) a recent attempt or threat to physically harm 
  2.4   self or others; or 
  2.5      (2) has resulted in recent and intentional conduct 
  2.6   involving significant damage to substantial property. 
  2.7      (b)  A person is not mentally ill under this section if the 
  2.8   impairment is solely due to: 
  2.9      (1) epilepsy; 
  2.10     (2) mental retardation; 
  2.11     (3) brief periods of intoxication caused by alcohol, drugs, 
  2.12  or other mind-altering substances; or 
  2.13     (4) dependence upon or addiction to any alcohol, drugs, or 
  2.14  other mind-altering substances. 
  2.15     Sec. 2.  Minnesota Statutes 2000, section 253B.05, 
  2.16  subdivision 1, is amended to read: 
  2.17     Subdivision 1.  [EMERGENCY HOLD.] (a) Any person may be 
  2.18  admitted or held for emergency care and treatment in a treatment 
  2.19  facility with the consent of the head of the treatment facility 
  2.20  upon a written statement by an examiner that:  (1) the examiner 
  2.21  has examined the person not more than 15 days prior to 
  2.22  admission, (2) the examiner is of the opinion, for stated 
  2.23  reasons, that the person is mentally ill, mentally retarded or 
  2.24  chemically dependent, and is in imminent danger of causing 
  2.25  injury to self or others if not immediately restrained detained, 
  2.26  and (3) an order of the court cannot be obtained in time to 
  2.27  prevent the anticipated injury.  
  2.28     (b) The examiner's statement shall be:  (1) sufficient 
  2.29  authority for a peace or health officer to transport a patient 
  2.30  to a treatment facility, (2) stated in behavioral terms and not 
  2.31  in conclusory language, and (3) of sufficient specificity to 
  2.32  provide an adequate record for review.  If imminent danger to 
  2.33  specific individuals is a basis for the emergency hold, the 
  2.34  statement must identify those individuals, to the extent 
  2.35  practicable.  A copy of the examiner's statement shall be 
  2.36  personally served on the person immediately upon admission and a 
  3.1   copy shall be maintained by the treatment facility.  
  3.2      Sec. 3.  Minnesota Statutes 2000, section 253B.066, 
  3.3   subdivision 1, is amended to read: 
  3.4      Subdivision 1.  [TREATMENT ALTERNATIVES.] If the court 
  3.5   orders early intervention under section 253B.065, subdivision 5, 
  3.6   the court may include in its order a variety of treatment 
  3.7   alternatives including, but not limited to, day treatment, 
  3.8   medication compliance monitoring, and short-term hospitalization 
  3.9   not to exceed ten 21 days. 
  3.10     If the court orders short-term hospitalization and the 
  3.11  proposed patient will not go voluntarily, the court may direct a 
  3.12  health officer, peace officer, or other person to take the 
  3.13  person into custody and transport the person to the hospital. 
  3.14     Sec. 4.  Minnesota Statutes 2000, section 253B.07, 
  3.15  subdivision 2, is amended to read: 
  3.16     Subd. 2.  [THE PETITION.] (a) Any interested person, except 
  3.17  a member of the prepetition screening team, may file a petition 
  3.18  for commitment in the district court of the county of the 
  3.19  proposed patient's residence or presence.  If the head of the 
  3.20  treatment facility believes that commitment is required and no 
  3.21  petition has been filed, the head of the treatment facility 
  3.22  shall petition for the commitment of the person. 
  3.23     (b) The petition shall set forth the name and address of 
  3.24  the proposed patient, the name and address of the patient's 
  3.25  nearest relatives, and the reasons for the petition.  The 
  3.26  petition must contain factual descriptions of the proposed 
  3.27  patient's recent behavior, including a description of the 
  3.28  behavior, where it occurred, and the time period over which it 
  3.29  occurred.  Each factual allegation must be supported by 
  3.30  observations of witnesses named in the petition.  Petitions 
  3.31  shall be stated in behavioral terms and shall not contain 
  3.32  judgmental or conclusory statements.  
  3.33     (c) The petition shall be accompanied by a written 
  3.34  statement by an examiner stating that the examiner has examined 
  3.35  the proposed patient within the 15 days preceding the filing of 
  3.36  the petition and is of the opinion that the proposed patient is 
  4.1   suffering a designated disability and should be committed to a 
  4.2   treatment facility.  The statement shall include the reasons for 
  4.3   the opinion.  In the case of a commitment based on mental 
  4.4   illness, the petition and the examiner's statement may shall 
  4.5   include, to the extent this information is available, a 
  4.6   statement and opinion regarding the proposed patient's need for 
  4.7   treatment with neuroleptic medication and the patient's capacity 
  4.8   to make decisions regarding the administration of neuroleptic 
  4.9   medications, and the reasons for the opinion.  If use of 
  4.10  neuroleptic medications is recommended by the treating 
  4.11  physician, the petition for commitment must, if applicable, 
  4.12  include or be accompanied by a request for proceedings under 
  4.13  section 253B.092.  Failure to include the required information 
  4.14  regarding neuroleptic medications in the examiner's statement, 
  4.15  or to include a request for an order regarding neuroleptic 
  4.16  medications with the commitment petition, is not a basis for 
  4.17  dismissing the commitment petition.  If a petitioner has been 
  4.18  unable to secure a statement from an examiner, the petition 
  4.19  shall include documentation that a reasonable effort has been 
  4.20  made to secure the supporting statement. 
  4.21     Sec. 5.  Minnesota Statutes 2000, section 253B.07, 
  4.22  subdivision 7, is amended to read: 
  4.23     Subd. 7.  [PRELIMINARY HEARING.] (a) No proposed patient 
  4.24  may be held in a treatment facility under a judicial hold 
  4.25  pursuant to subdivision 6 longer than 72 hours, exclusive of 
  4.26  Saturdays, Sundays, and legal holidays, unless the court holds a 
  4.27  preliminary hearing and determines that the standard is met to 
  4.28  hold the person.  
  4.29     (b) The proposed patient, patient's counsel, the 
  4.30  petitioner, the county attorney, and any other persons as the 
  4.31  court directs shall be given at least 24 hours written notice of 
  4.32  the preliminary hearing.  The notice shall include the alleged 
  4.33  grounds for confinement.  The proposed patient shall be 
  4.34  represented at the preliminary hearing by counsel.  The court 
  4.35  may admit reliable hearsay evidence, including written reports, 
  4.36  for the purpose of the preliminary hearing.  
  5.1      (c) The court, on its motion or on the motion of any party, 
  5.2   may exclude or excuse a proposed patient who is seriously 
  5.3   disruptive or who is incapable of comprehending and 
  5.4   participating in the proceedings.  In such instances, the court 
  5.5   shall, with specificity on the record, state the behavior of the 
  5.6   proposed patient or other circumstances which justify proceeding 
  5.7   in the absence of the proposed patient.  
  5.8      (d) The court may continue the judicial hold of the 
  5.9   proposed patient if it finds, by a preponderance of the 
  5.10  evidence, that serious imminent physical harm to the proposed 
  5.11  patient or others is likely if the proposed patient is 
  5.12  not immediately confined.  If a proposed patient was acquitted 
  5.13  of a crime against the person under section 611.026 immediately 
  5.14  preceding the filing of the petition, the court may presume that 
  5.15  serious imminent physical harm to the patient or others is 
  5.16  likely if the proposed patient is not immediately confined.  
  5.17     (e) Upon a showing that a person subject to a petition for 
  5.18  commitment may need treatment with neuroleptic medications and 
  5.19  that the person may lack capacity to make decisions regarding 
  5.20  that treatment, the court may appoint a substitute 
  5.21  decision-maker as provided in section 253B.092, subdivision 6.  
  5.22  The substitute decision-maker shall meet with the proposed 
  5.23  patient and provider and make a report to the court at the 
  5.24  hearing under section 253B.08 regarding whether the 
  5.25  administration of neuroleptic medications is appropriate under 
  5.26  the criteria of section 253B.092, subdivision 7.  If the 
  5.27  substitute decision-maker consents to treatment with neuroleptic 
  5.28  medications and the proposed patient does not refuse the 
  5.29  medication, neuroleptic medication may be administered to the 
  5.30  patient.  If the substitute decision-maker does not consent or 
  5.31  the patient refuses, neuroleptic medication may not be 
  5.32  administered without a court order, or in an emergency as set 
  5.33  forth in section 253B.092, subdivision 3.