SF 1916

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to civil commitment; modifying provisions 
  1.3             governing release on pass for persons committed as 
  1.4             mentally ill and dangerous; allowing temporary jail 
  1.5             confinement of persons subject to commitment as sexual 
  1.6             psychopathic personalities or sexually dangerous 
  1.7             persons; amending Minnesota Statutes 1996, sections 
  1.8             253B.18, subdivision 4a; and 253B.185, by adding a 
  1.9             subdivision. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1996, section 253B.18, 
  1.12  subdivision 4a, is amended to read: 
  1.13     Subd. 4a.  [RELEASE ON PASS; NOTIFICATION.] A patient who 
  1.14  has been committed as mentally ill and dangerous and who is 
  1.15  confined at the Minnesota security hospital shall not be 
  1.16  released on a pass unless the pass is part of a pass plan that 
  1.17  has been approved by the medical director of the Minnesota 
  1.18  security hospital.  The pass plan must have a specific 
  1.19  therapeutic purpose consistent with the treatment plan; must be 
  1.20  established for a specific period of time; and must have 
  1.21  specific levels of liberty delineated.  The county case manager 
  1.22  must be invited to participate in the development of the pass 
  1.23  plan.  At least ten days prior to a determination on the plan, 
  1.24  the medical director shall notify the designated agency, the 
  1.25  committing court, the county attorney of the county of 
  1.26  commitment, an interested person, the local law enforcement 
  1.27  agency in the location where the pass is to occur, the 
  2.1   petitioner, and the petitioner's counsel of the plan, the nature 
  2.2   of the passes proposed, and their right to object to the plan.  
  2.3   If any notified person objects prior to the proposed date of 
  2.4   implementation, the person shall have an opportunity to appear, 
  2.5   personally or in writing, before the medical director, within 
  2.6   ten days of the objection, to present grounds for opposing the 
  2.7   plan.  The pass plan shall not be implemented until the 
  2.8   objecting person has been furnished that opportunity.  Nothing 
  2.9   in this subdivision shall be construed to give a patient an 
  2.10  affirmative right to a pass plan.  
  2.11     Sec. 2.  Minnesota Statutes 1996, section 253B.185, is 
  2.12  amended by adding a subdivision to read: 
  2.13     Subd. 1a.  [TEMPORARY CONFINEMENT.] During any hearing held 
  2.14  under this section, or pending emergency revocation of a 
  2.15  provisional discharge, the court may order the patient or 
  2.16  proposed patient temporarily confined in a jail or lockup but 
  2.17  only if: 
  2.18     (1) there is no other feasible place of confinement for the 
  2.19  patient within a reasonable distance; 
  2.20     (2) the confinement is for less than 24 hours or, if during 
  2.21  a hearing, less than 24 hours prior to commencement and after 
  2.22  conclusion of the hearing; and 
  2.23     (3) there are protections in place, including segregation 
  2.24  of the patient, to ensure the safety of the patient.