SF 1903

as introduced - 89th Legislature (2015 - 2016) Posted on 03/20/2015 09:12am

A bill for an act
relating to civil commitment; requiring a level-of-care assessment for patients
being admitted from jail or a correctional institution; amending Minnesota
Statutes 2014, section 253B.10, subdivision 1.

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

Section 1.

Minnesota Statutes 2014, 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.

deleted text begin Patients described in this paragraph must be admitted to a service operated by the
commissioner within 48 hours. deleted text end new text begin (c) The commissioner must ensure that a level-of-care
assessment is conducted and based on the assessment, a level-of-care determination is made
for patients under paragraph (b). The commissioner may delegate authority to conduct
the level-of-care assessment to a county agency. The assessment must be conducted by a
licensed mental health professional under section 245.462, subdivision 18, or a licensed
practitioner under section 245.462, subdivision 17. The level-of-care assessment may be
incorporated into the prepetition screening under section 253B.07, subdivision 1. Based
on the level-of-care determinations, if a patient is determined: (1) to need hospital-level
care, the patient must be admitted to a service operated by the commissioner within 48
hours of the commissioner's receipt and approval of the level-of-care assessment; and (2)
to need care other than hospital-level care, the patient must be admitted to a service that
provides the appropriate level of care including, but not limited to, a service operated
by or under contract with the commissioner or a county agency within 48 hours of the
commissioner's receipt and approval of the level-of-care assessment.
new text end

new text begin (d) new text end The commitment new text begin under this section new text end must be ordered by the court as provided in
section 253B.09, subdivision 1, paragraph (c).

deleted text begin (c) deleted text end new text begin (e) 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 (f) 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.