1st Engrossment - 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; clarifying various provisions and making 1.8 conforming and technical amendments; amending 1.9 Minnesota Statutes 1996, sections 253B.15, subdivision 1.10 9; and 253B.185, by adding a subdivision; Minnesota 1.11 Statutes 1997 Supplement, sections 253B.03, 1.12 subdivision 7; 253B.045, subdivisions 2 and 3; 1.13 253B.05, subdivision 3; 253B.07, subdivisions 5 and 7; 1.14 253B.09, subdivision 1; 253B.092, subdivisions 6 and 1.15 8; 253B.0921; 253B.095, subdivision 3; 253B.12, 1.16 subdivision 1; 253B.141, subdivision 1; 253B.15, 1.17 subdivisions 2, 3, 3a, 3b, and 5; 253B.18, 1.18 subdivisions 4a and 5; and 253B.19, subdivision 3. 1.19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.20 Section 1. Minnesota Statutes 1997 Supplement, section 1.21 253B.03, subdivision 7, is amended to read: 1.22 Subd. 7. [PROGRAM PLAN.] A person receiving services under 1.23 this chapter has the right to receive proper care and treatment, 1.24 best adapted, according to contemporary professional standards, 1.25 to rendering further
courtsupervision unnecessary. The 1.26 treatment facility shall devise a written program plan for each 1.27 person which describes in behavioral terms the case problems, 1.28 the precise goals, including the expected period of time for 1.29 treatment, and the specific measures to be employed. Each plan 1.30 shall be reviewed at least quarterly to determine progress 1.31 toward the goals, and to modify the program plan as necessary. 1.32 The program plan shall be devised and reviewed with the 2.1 designated agency and with the patient. The clinical record 2.2 shall reflect the program plan review. If the designated agency 2.3 or the patient does not participate in the planning and review, 2.4 the clinical record shall include reasons for nonparticipation 2.5 and the plans for future involvement. The commissioner shall 2.6 monitor the program plan and review process for regional centers 2.7 to insure compliance with the provisions of this subdivision. 2.8 Sec. 2. Minnesota Statutes 1997 Supplement, section 2.9 253B.045, subdivision 2, is amended to read: 2.10 Subd. 2. [FACILITIES.] Each county or a group of counties 2.11 shall maintain or provide by contract a facility for confinement 2.12 of persons held temporarily for observation, evaluation, 2.13 diagnosis, treatment, and care. When the temporary confinement 2.14 is provided at a regional center, the commissioner shall charge 2.15 the county of financial responsibility for the costs of 2.16 confinement of persons hospitalized under section 253B.05, 2.17 subdivisions 1 and 2, and section 253B.07, subdivision 62b, 2.18 except that the commissioner shall bill the responsible prepaid 2.19 plan for medically necessary hospitalizations for individuals 2.20 enrolled in a prepaid plan under contract to provide medical 2.21 assistance, general assistance medical care, or MinnesotaCare 2.22 services. If the prepaid plan determines under the terms of the 2.23 medical assistance, general assistance medical care, or 2.24 MinnesotaCare contract that a hospitalization was not medically 2.25 necessary, the county is responsible. "County of financial 2.26 responsibility" means the county in which the person resides at 2.27 the time of confinement or, if the person has no residence in 2.28 this state, the county which initiated the confinement. The 2.29 charge shall be based on the commissioner's determination of the 2.30 cost of care pursuant to section 246.50, subdivision 5. When 2.31 there is a dispute as to which county is the county of financial 2.32 responsibility, the county charged for the costs of confinement 2.33 shall pay for them pending final determination of the dispute 2.34 over financial responsibility. Disputes about the county of 2.35 financial responsibility shall be submitted to the commissioner 2.36 to be settled in the manner prescribed in section 256G.09. 3.1 Sec. 3. Minnesota Statutes 1997 Supplement, section 3.2 253B.045, subdivision 3, is amended to read: 3.3 Subd. 3. [COST OF CARE.] Notwithstanding subdivision 2, a 3.4 county shall be responsible for the cost of care as specified 3.5 under section 246.54 for persons hospitalized at a regional 3.6 treatment center in accordance with section 253B.09 and the 3.7 person's legal status has been changed to a court hold under 3.8 section 253B.07, subdivision 62b, pending a judicial 3.9 determination regarding continued commitment pursuant to 3.10 sections 253B.12 and 253B.13. 3.11 Sec. 4. Minnesota Statutes 1997 Supplement, section 3.12 253B.05, subdivision 3, is amended to read: 3.13 Subd. 3. [DURATION OF HOLD.] (a) Any person held pursuant 3.14 to this section may be held up to 72 hours, exclusive of 3.15 Saturdays, Sundays, and legal holidays after admission. If a 3.16 petition for the commitment of the person is filed in the 3.17 district court in the county of the person's residence or of the 3.18 county in which the treatment facility is located, the court may 3.19 issue a judicial hold order pursuant to section 253B.07, 3.20 subdivision 62b. 3.21 (b) During the 72-hour hold period, a court may not release 3.22 a person held under this section unless the court has received a 3.23 written petition for release and held a summary hearing 3.24 regarding the release. The petition must include the name of 3.25 the person being held, the basis for and location of the hold, 3.26 and a statement as to why the hold is improper. The petition 3.27 also must include copies of any written documentation under 3.28 subdivision 1 or 2 in support of the hold, unless the person 3.29 holding the petitioner refuses to supply the documentation. The 3.30 hearing must be held as soon as practicable and may be conducted 3.31 by means of a telephone conference call or similar method by 3.32 which the participants are able to simultaneously hear each 3.33 other. If the court decides to release the person, the court 3.34 shall direct the release and shall issue written findings 3.35 supporting the decision. The release may not be delayed pending 3.36 the written order. Before releasingdeciding to release the 4.1 person, the court shall make every reasonable effort to provide 4.2 notice of the proposed release to: 4.3 (1) any specific individuals identified in a statement 4.4 under subdivision 1 or 2 or individuals identified in the record 4.5 who might be endangered if the person was not held; 4.6 (2) the examiner whose written statement was a basis for a 4.7 hold under subdivision 1; and 4.8 (3) the peace or health officer who applied for a hold 4.9 under subdivision 2. 4.10 (c) If a treatment facility releases a person during the 4.11 72-hour hold period, the head of the treatment facility shall 4.12 immediately notify the agency which employs the peace or health 4.13 officer who transported the person to the treatment facility 4.14 under this section. 4.15 Sec. 5. Minnesota Statutes 1997 Supplement, section 4.16 253B.07, subdivision 5, is amended to read: 4.17 Subd. 5. [PREHEARING EXAMINATION; REPORT.] The examination 4.18 shall be held at a treatment facility or other suitable place 4.19 the court determines is not likely to harm the health of the 4.20 proposed patient. The county attorney and the patient's 4.21 attorney may be present during the examination. Either party 4.22 may waive this right. Unless otherwise agreed by the parties, a 4.23 court-appointed examiner shall file the report with the court 4.24 not less than 48 hours prior to the commitment hearing. The 4.25 court shall ensure that copies of the examiner's report shall be4.26 sentare provided to the county attorney, the proposed patient, 4.27 and the patient's counsel. 4.28 Sec. 6. Minnesota Statutes 1997 Supplement, section 4.29 253B.07, subdivision 7, is amended to read: 4.30 Subd. 7. [PRELIMINARY HEARING.] (a) No proposed patient 4.31 may be held in a treatment facility under a judicial hold 4.32 pursuant to subdivision 6 longer than 72 hours, exclusive of 4.33 Saturdays, Sundays, and legal holidays, unless the court holds a 4.34 preliminary hearing and determines that the standard is met to 4.35 hold the person. 4.36 (b) The proposed patient, patient's counsel, the 5.1 petitioner, the county attorney, and any other persons as the 5.2 court directs shall be given at least 24 hours written notice of 5.3 the preliminary hearing. The notice shall include the alleged 5.4 grounds for confinement. The proposed patient shall be 5.5 represented at the preliminary hearing by counsel. The court 5.6 may admit reliable hearsay evidence, including written reports, 5.7 for the purpose of the preliminary hearing. 5.8 (c) The court, on its motion or on the motion of any party, 5.9 may exclude or excuse a proposed patient who is seriously 5.10 disruptive or who is incapable of comprehending and 5.11 participating in the proceedings. In such instances, the court 5.12 shall, with specificity on the record, state the behavior of the 5.13 proposed patient or other circumstances which justify proceeding 5.14 in the absence of the proposed patient. 5.15 (d) The court may continue the courtjudicial hold of the 5.16 proposed patient if it finds, by a preponderance of the 5.17 evidence, that serious imminent physical harm to the proposed 5.18 patient or others is likely if the proposed patient is not 5.19 confined. If a proposed patient was acquitted of a crime 5.20 against the person under section 611.026 immediately preceding 5.21 the filing of the petition, the court may presume that serious 5.22 imminent physical harm to the patient or others is likely if the 5.23 proposed patient is not confined. 5.24 (e) Upon a showing that a person subject to a petition for 5.25 commitment may need treatment with neuroleptic medications and 5.26 that the person may lack capacity to make decisions regarding 5.27 that treatment, the court may appoint a substitute 5.28 decision-maker as provided in section 253B.092, subdivision 6. 5.29 The substitute decision-maker shall meet with the proposed 5.30 patient and provider and make a report to the court at the 5.31 hearing under section 253B.08 regarding whether the 5.32 administration of neuroleptic medications is appropriate under 5.33 the criteria of section 253B.092, subdivision 7. If the 5.34 substitute decision-maker consents to treatment with neuroleptic 5.35 medications and the proposed patient does not refuse the 5.36 medication, neuroleptic medication may be administered to the 6.1 patient. If the substitute decision-maker does not consent or 6.2 the patient refuses, neuroleptic medication may not be 6.3 administered without a court order, or in an emergency as set 6.4 forth in section 253B.092, subdivision 3. 6.5 Sec. 7. Minnesota Statutes 1997 Supplement, section 6.6 253B.09, subdivision 1, is amended to read: 6.7 Subdivision 1. [STANDARD OF PROOF.] If the court finds by 6.8 clear and convincing evidence that the proposed patient is a 6.9 mentally ill, mentally retarded, or chemically dependent person 6.10 and after careful consideration of reasonable alternative 6.11 dispositions, including but not limited to, dismissal of 6.12 petition, voluntary outpatient care, voluntary admission to a 6.13 treatment facility, appointment of a guardian or conservator, or 6.14 release before commitment as provided for in subdivision 4, it 6.15 finds that there is no suitable alternative to judicial 6.16 commitment, the court shall commit the patient to the least 6.17 restrictive treatment program or alternative programs which can 6.18 meet the patient's treatment needs consistent with section 6.19 253B.03, subdivision 7. In deciding on the least restrictive 6.20 program, the court shall consider a range of treatment 6.21 alternatives including, but not limited to, community-based 6.22 nonresidential treatment, community residential treatment, 6.23 partial hospitalization, acute care hospital, and regional 6.24 treatment center services. The court shall also consider the 6.25 proposed patient's treatment preferences and willingness to 6.26 participate in the treatment ordered. The court may not commit 6.27 a patient to a facility or program that is not capable of 6.28 meeting the patient's needs. 6.29 Sec. 8. Minnesota Statutes 1997 Supplement, section 6.30 253B.092, subdivision 6, is amended to read: 6.31 Subd. 6. [PATIENTS WITHOUT CAPACITY TO MAKE INFORMED 6.32 DECISION; SUBSTITUTE DECISION-MAKER.] (a) Upon request of any 6.33 person, and upon a showing that administration of neuroleptic 6.34 medications may be recommended and that the person may lack 6.35 capacity to make decisions regarding the administration of 6.36 neuroleptic medication, the court shall appoint a substitute 7.1 decision-maker with authority to consent to the administration 7.2 of neuroleptic medication as provided in this section. A 7.3 hearing is not required for an appointment under this 7.4 paragraph. The substitute decision-maker must be an individual 7.5 or a community or institutional multidisciplinary panel 7.6 designated by the local mental health authority. In appointing 7.7 a substitute decision-maker, the court shall give preference to 7.8 a guardian or conservator, proxy, or attorney-in-fact with 7.9 authority to make health care decisions for the patient. The 7.10 court may provide for the payment of a reasonable fee to the 7.11 substitute decision-maker for services under this section or may 7.12 appoint a volunteer. 7.13 (b) If the person's treating physician recommends treatment 7.14 with neuroleptic medication, the substitute decision-maker may 7.15 give or withhold consent to the administration of the 7.16 medication, based on the standards under subdivision 7. If the 7.17 substitute decision-maker gives informed consent to the 7.18 treatment and the person does not refuse, the substitute 7.19 decision-maker shall provide written consent to the treating 7.20 physician and the medication may be administered. The 7.21 substitute decision-maker shall also notify the court that 7.22 consent has been given. If the substitute decision-maker 7.23 refuses or withdraws consent or the person refuses the 7.24 medication, neuroleptic medication may not be administered to 7.25 the person without a court order or in an emergency. 7.26 (c) A substitute decision-maker appointed under this 7.27 section has access to the pertinentrelevant sections of the 7.28 patient's health records on the past or present administration 7.29 of medication. The designated agency or a person involved in 7.30 the patient's physical or mental health care may disclose 7.31 information to the substitute decision-maker for the sole 7.32 purpose of performing the responsibilities under this 7.33 section. The substitute decision-maker may not disclose health 7.34 records obtained under this paragraph except to the extent 7.35 necessary to carry out the duties under this section. 7.36 (d) At a hearing under section 253B.08, the petitioner has 8.1 the burden of proving incapacity by a preponderance of the 8.2 evidence. If a substitute decision-maker has been appointed by 8.3 the court, the court shall make findings regarding the patient's 8.4 capacity to make decisions regarding the administration of 8.5 neuroleptic medications and affirm or reverse its appointment of 8.6 a substitute decision-maker. If the court affirms the 8.7 appointment of the substitute decision-maker, and if the 8.8 substitute decision-maker has consented to the administration of 8.9 the medication and the patient has not refused, the court shall 8.10 make findings that the substitute decision-maker has consented 8.11 and the treatment is authorized. If a substitute decision-maker 8.12 has not yet been appointed, upon request the court shall make 8.13 findings regarding the patient's capacity and appoint a 8.14 substitute decision-maker if appropriate. 8.15 (e) If an order for civil commitment or early intervention 8.16 did not provide for the appointment of a substitute 8.17 decision-maker or for the administration of neuroleptic 8.18 medication, the treatment facility may later request the 8.19 appointment of a substitute decision-maker upon a showing that 8.20 administration of neuroleptic medications is recommended and 8.21 that the person lacks capacity to make decisions regarding the 8.22 administration of neuroleptic medications. A hearing is not 8.23 required in order to administer the neuroleptic medication 8.24 unless requested under subdivision 10 or if the substitute 8.25 decision-maker withholds or refuses consent or the person 8.26 refuses the medication. 8.27 (f) The substitute decision-maker's authority to consent to 8.28 treatment lasts for the duration of the court's order of 8.29 appointment or until modified by the court. 8.30 If the substitute decision-maker withdraws consent or the 8.31 patient refuses consent, neuroleptic medication may not be 8.32 administered without a court order. 8.33 (g) If there is no hearing after the preliminary hearing, 8.34 then the court shall, upon the request of any interested party, 8.35 review the reasonableness of the substitute decision-maker's 8.36 decision based on the standards under subdivision 7. The court 9.1 shall enter an order upholding or reversing the decision within 9.2 seven days. 9.3 Sec. 9. Minnesota Statutes 1997 Supplement, section 9.4 253B.092, subdivision 8, is amended to read: 9.5 Subd. 8. [PROCEDURE WHEN PATIENT REFUSES MEDICATION.] (a) 9.6 If the substitute decision-maker or the patient refuses to 9.7 consent to treatment with neuroleptic medications, and absent an 9.8 emergency as set forth in subdivision 3, neuroleptic medications 9.9 may not be administered without a court order. Upon receiving a 9.10 written request for a hearing, the court shall schedule the 9.11 hearing within 14 days of the request. The matter may be heard 9.12 as part of any other district court proceeding under this 9.13 chapter. By agreement of the parties or for good cause shown, 9.14 the court may extend the time of hearing an additional 30 days. 9.15 (b) The patient must be examined by a court examiner prior 9.16 to the hearing. If the patient refuses to participate in an 9.17 examination, the examiner may rely on the patient's medical 9.18 records to reach an opinion as to the appropriateness of 9.19 neuroleptic medication. The patient is entitled to counsel and 9.20 a second examiner, if requested by the patient or patient's 9.21 counsel. 9.22 (c) The court may base its decision on relevant and 9.23 admissible evidence, including the testimony of a treating 9.24 physician or other qualified physician, a member of the 9.25 patient's treatment team, a court-appointed examiner, witness 9.26 testimony, or the patient's medical records. 9.27 (d) If the court finds that the patient has the capacity to 9.28 decide whether to take neuroleptic medication or that the 9.29 patient lacks capacity to decide and the standards for making a 9.30 decision to administer the medications under subdivision 7 are 9.31 not met, the treating facility may not administer medication 9.32 without the patient's informed written consent or without the 9.33 declaration of an emergency, or until further review by the 9.34 court. 9.35 (e) If the court finds that the patient lacks capacity to 9.36 decide whether to take neuroleptic medication and has applied 10.1 the standards set forth in subdivision 7, the court may 10.2 authorize the treating facility and any other community or 10.3 treatment facility to which the patient may be transferred or 10.4 provisionally discharged, to involuntarily administer the 10.5 medication to the patient. A copy of the order must be given to 10.6 the patient, the patient's attorney, the county attorney, and 10.7 the treatment facility. The treatment facility may not begin 10.8 administration of the neuroleptic medication until it notifies 10.9 the patient of the court's order authorizing the treatment. 10.10 (f) A finding of lack of capacity under this section must 10.11 not be construed to determine the patient's competence for any 10.12 other purpose. 10.13 (g) The court may authorize the administration of 10.14 neuroleptic medication until the termination of a determinate 10.15 commitment. If the patient is committed for an indeterminate 10.16 period, the court may authorize treatment of neuroleptic 10.17 medication for not more than two years, subject to the patient's 10.18 right to petition the court for review of the order. The 10.19 treatment facility must submit annual reports to the court, 10.20 which shall provide copies to the patient and the respective 10.21 attorneys. 10.22 (h) The court may limit the maximum dosage of neuroleptic 10.23 medication that may be administered. 10.24 (i) If physical force is required to administer the 10.25 neuroleptic medication, force may only take place in a treatment 10.26 facility or therapeutic setting where the person's condition can 10.27 be reassessed and appropriate medical staff are available. 10.28 Sec. 10. Minnesota Statutes 1997 Supplement, section 10.29 253B.0921, is amended to read: 10.30 253B.0921 [ACCESS TO MEDICAL RECORDS.] 10.31 A treating physician who makes medical decisions regarding 10.32 the prescription and administration of medication for treatment 10.33 of a mental illness has access to the pertinentrelevant 10.34 sections of a patient's health records on past administration of 10.35 medication at any treatment facility, if the patient lacks the 10.36 capacity to authorize the release of records. Upon request of a 11.1 treating physician under this section, a treatment facility 11.2 shall supply complete information relating to the past records 11.3 on administration of medication of a patient subject to this 11.4 chapter. A patient who has the capacity to authorize the 11.5 release of data retains the right to make decisions regarding 11.6 access to medical records as provided by section 144.335. 11.7 Sec. 11. Minnesota Statutes 1997 Supplement, section 11.8 253B.095, subdivision 3, is amended to read: 11.9 Subd. 3. [DURATION.] The maximum duration of a stayed 11.10 order under this section is six months. The court may continue 11.11 the order for a maximum of an additional 12 months if, after 11.12 notice and hearing, under sections 253B.08 and 253B.09 the court 11.13 finds that (1) the person continues to suffer from mental11.14 illness, chemical dependency, or mental retardationbe mentally 11.15 ill, chemically dependent, or mentally retarded, and (2) an 11.16 order is needed to protect the patient or others. 11.17 Sec. 12. Minnesota Statutes 1997 Supplement, section 11.18 253B.12, subdivision 1, is amended to read: 11.19 Subdivision 1. [REPORTS.] (a) If a patient who was 11.20 committed as mentally ill, mentally retarded, or chemically 11.21 dependent is discharged from treatmentcommitment within the 11.22 first 60 days after the date of the initial commitment order, 11.23 the head of the treatment facility shall file a written report 11.24 with the committing court describing the patient's need for 11.25 further treatment. A copy of the report must be provided to the 11.26 county attorney, the patient, and the patient's counsel. 11.27 (b) If a patient who was committed as mentally ill, 11.28 mentally retarded, or chemically dependent remains in treatment 11.29 more than 60 days after the date of the commitment, then at 11.30 least 60 days, but not more than 90 days, after the date of the 11.31 order, the head of the facility that has custody of the patient 11.32 shall file a written report with the committing court and 11.33 provide a copy to the county attorney, the patient, and the 11.34 patient's counsel. The report must set forth in detailed 11.35 narrative form at least the following: 11.36 (1) the diagnosis of the patient with the supporting data; 12.1 (2) the anticipated discharge date; 12.2 (3) an individualized treatment plan; 12.3 (4) a detailed description of the discharge planning 12.4 process with suggested after care plan; 12.5 (5) whether the patient is in need of further care and 12.6 treatment, the treatment facility which is needed, and evidence 12.7 to support the response; 12.8 (6) whether the patient satisfies the statutory requirement 12.9 for continued commitment to a treatment facility, with 12.10 documentation to support the opinion; and 12.11 (7) whether the administration of neuroleptic medication is 12.12 clinically indicated, whether the patient is able to give 12.13 informed consent to that medication, and the basis for these 12.14 opinions. 12.15 (c) Prior to the termination of the initial commitment 12.16 order or final discharge of the patient, the head of the 12.17 treatment facility that has custody or care of the patient shall 12.18 file a written report with the committing court with a copy to 12.19 the county attorney, the patient, and the patient's counsel that 12.20 sets forth the information required in paragraph (b). 12.21 (d) If the patient has been provisionally discharged from a 12.22 treatment facility, the report shall be preparedfiled by the 12.23 designated agency, which may submit the discharge report as part 12.24 of its report. 12.25 (e) If no written report is filed within the required time, 12.26 or if a report describes the patient as not in need of further 12.27 institutional care and treatment, the proceedings must be 12.28 terminated by the committing court and the patient discharged 12.29 from the treatment facility. 12.30 Sec. 13. Minnesota Statutes 1997 Supplement, section 12.31 253B.141, subdivision 1, is amended to read: 12.32 Subdivision 1. [REPORT OF ABSENCE.] (a) If a patient 12.33 committed under this chapter or detained under a court-ordered12.34 judicial hold is absent without authorization, and either: (1) 12.35 does not return voluntarily within 72 hours of the time the 12.36 unauthorized absence began; or (2) is considered by the head of 13.1 the treatment facility to be a danger to self or others, then 13.2 the head of the treatment facility shall report the absence to 13.3 the local law enforcement agency. The head of the treatment 13.4 facility shall also notify the committing court that the patient 13.5 is absent and that the absence has been reported to the local 13.6 law enforcement agency. The committing court may issue an order 13.7 directing the law enforcement agency to transport the patient to 13.8 an appropriate facility. 13.9 (b) Upon receiving a report that a patient subject to this 13.10 section is absent without authorization, the local law 13.11 enforcement agency shall enter information on the patient 13.12 through the criminal justice information system into the missing 13.13 persons file of the National Crime Information Center computer 13.14 according to the missing persons practices. 13.15 Sec. 14. Minnesota Statutes 1997 Supplement, section 13.16 253B.15, subdivision 2, is amended to read: 13.17 Subd. 2. [REVOCATION OF PROVISIONAL DISCHARGE.] The 13.18 designated agency may revoke a provisional discharge if: 13.19 (i) the patient has violated material conditions of the 13.20 provisional discharge, and the violation creates the need to 13.21 return the patient to a more restrictive setting; or, 13.22 (ii) there exists a serious likelihood that the safety of 13.23 the patient or others will be jeopardized, in that either the 13.24 patient's need for food, clothing, shelter, or medical care are 13.25 not being met, or will not be met in the near future, or the 13.26 patient has attempted or threatened to seriously physically harm 13.27 self or others; and 13.28 (iii) revocation is the least restrictive alternative 13.29 available. 13.30 Any interested person may request that the designated 13.31 agency revoke the patient's provisional discharge. Any person 13.32 making a request shall provide the head of thedesignated agency 13.33 with a written report setting forth the specific facts, 13.34 including witnesses, dates and locations, supporting a 13.35 revocation, demonstrating that every effort has been made to 13.36 avoid revocation and that revocation is the least restrictive 14.1 alternative available. 14.2 Sec. 15. Minnesota Statutes 1997 Supplement, section 14.3 253B.15, subdivision 3, is amended to read: 14.4 Subd. 3. [PROCEDURE; NOTICE.] Revocation shall be 14.5 commenced by the designated agency's written notice of intent to 14.6 revoke provisional discharge given or sent to the patient, the 14.7 patient's attorney, and the treatment facility. The notice 14.8 shall set forth the grounds upon which the intention to revoke 14.9 is based, and shall inform the patient of the rights of a 14.10 patient under this chapter. 14.11 Sec. 16. Minnesota Statutes 1997 Supplement, section 14.12 253B.15, subdivision 3a, is amended to read: 14.13 Subd. 3a. [REPORT TO THE COURT.] Within 48 hours, 14.14 excluding weekends and holidays, of giving notice to the 14.15 patient, the designated agency shall file with the court a copy 14.16 of the notice and a report setting forth the specific facts, 14.17 including witnesses, dates and locations, which (1) support 14.18 revocation, (2) demonstrate that revocation is the least 14.19 restrictive alternative available, and (3) show that specific 14.20 efforts were made to avoid revocation. The designated agency 14.21 shall provide copies of the report to the patient, the patient's 14.22 attorney, the county attorney, and the treatment facility within 14.23 48 hours of giving notice to the patient under subdivision 3. 14.24 Sec. 17. Minnesota Statutes 1997 Supplement, section 14.25 253B.15, subdivision 3b, is amended to read: 14.26 Subd. 3b. [REVIEW.] The patient or patient's attorney may 14.27 request judicial review of the intended revocation by filing a 14.28 petition for review and an affidavit with the committing court. 14.29 The affidavit shall state specific grounds for opposing the 14.30 revocation. If the patient does not file a petition for review 14.31 within five days of receiving the notice under subdivision 3, 14.32 revocation of the provisional discharge is final and the court, 14.33 without hearing, may order the patient into a treatment 14.34 facility. If the patient files a petition for review, the court 14.35 shall review the petition and determine whether a genuine issue 14.36 exists as to the propriety of the revocation. The burden of 15.1 proof is on the designated agency to show that no genuine issue 15.2 exists as to the propriety of the revocation. If the court 15.3 finds that no genuine issue exists as to the propriety of the 15.4 revocation, the revocation of the provisional discharge is final. 15.5 Sec. 18. Minnesota Statutes 1997 Supplement, section 15.6 253B.15, subdivision 5, is amended to read: 15.7 Subd. 5. [RETURN TO FACILITY.] When the designated 15.8 agency servesgives or sends notice of the intent to revoke a 15.9 patient's provisional discharge, it may also apply to the 15.10 committing court for an order directing that the patient be 15.11 returned to a facility. The court may order the patient 15.12 returned to a facility prior to a review hearing only upon 15.13 finding that immediate return to a facility is necessary because 15.14 there is a serious likelihood that the safety of the patient or 15.15 others will be jeopardized, in that (1) the patient's need for 15.16 food, clothing, shelter, or medical care is not being met, or 15.17 will not be met in the near future, or (2) the patient has 15.18 attempted or threatened to seriously harm self or others. If a 15.19 voluntary return is not arranged, the head of the treatment 15.20 facility may request a health officer , a welfare officer,or a 15.21 peace officer to return the patient to the treatment facility 15.22 from which the patient was released or to any other treatment 15.23 facility which consents to receive the patient. If necessary, 15.24 the head of the treatment facility may request the committing 15.25 court to direct a health or peace officer in the county where 15.26 the patient is located to return the patient to the treatment 15.27 facility or to another treatment facility which consents to 15.28 receive the patient. The expense of returning the patient to a 15.29 regional treatment center shall be paid by the commissioner 15.30 unless paid by the patient or the patient's relatives. If the 15.31 court orders the patient to return to the treatment facility, or 15.32 if a health or peace officer returns the patient to the 15.33 treatment facility, and the patient wants judicial review of the 15.34 revocation, the patient or the patient's attorney must file the 15.35 petition for review and affidavit required under subdivision 3b 15.36 within 48 hours14 days of receipt of the notice of the intent 16.1 to revoke. 16.2 Sec. 19. Minnesota Statutes 1996, section 253B.15, 16.3 subdivision 9, is amended to read: 16.4 Subd. 9. [EXPIRATION OF PROVISIONAL DISCHARGE.] Except as 16.5 otherwise provided, a provisional discharge is absolute when it 16.6 expires. If, while on provisional discharge or extended 16.7 provisional discharge, a patient is discharged as provided in 16.8 section 253B.16, the discharge shall be absolute. 16.9 Notice of the expiration of the provisional discharge shall 16.10 be given by the head of the treatment facility to the committing 16.11 court ,; the petitioner, if known; the patient's attorney; the 16.12 county attorney in the county of commitment; the commissioner ,; 16.13 and the designated agency. 16.14 Sec. 20. Minnesota Statutes 1997 Supplement, section 16.15 253B.18, subdivision 4a, is amended to read: 16.16 Subd. 4a. [RELEASE ON PASS; NOTIFICATION.] A patient who 16.17 has been committed as mentally ill and dangerous and who is 16.18 confined at a secure treatment facility shall not be released on 16.19 a pass unless the pass is part of a pass plan that has been 16.20 approved by the medical director of the secure treatment 16.21 facility. The pass plan must have a specific therapeutic 16.22 purpose consistent with the treatment plan, must be established 16.23 for a specific period of time, and must have specific levels of 16.24 liberty delineated. The county case manager must be invited to 16.25 participate in the development of the pass plan. At least ten 16.26 days prior to a determination on the plan, the medical director 16.27 shall notify the designated agency, the committing court, the 16.28 county attorney of the county of commitment, an interested 16.29 person, the local law enforcement agency in the location where 16.30 the pass is to occur, the petitioner, and the petitioner's 16.31 counsel of the plan, the nature of the passes proposed, and 16.32 their right to object to the plan. If any notified person 16.33 objects prior to the proposed date of implementation, the person 16.34 shall have an opportunity to appear, personally or in writing, 16.35 before the medical director, within ten days of the objection, 16.36 to present grounds for opposing the plan. The pass plan shall 17.1 not be implemented until the objecting person has been furnished 17.2 that opportunity. Nothing in this subdivision shall be 17.3 construed to give a patient an affirmative right to a pass plan. 17.4 Sec. 21. Minnesota Statutes 1997 Supplement, section 17.5 253B.18, subdivision 5, is amended to read: 17.6 Subd. 5. [PETITION; NOTICE OF HEARING; ATTENDANCE; ORDER.] 17.7 (a) A petition for an order of transfer, discharge, provisional 17.8 discharge, or revocation of provisional discharge shall be filed 17.9 with the commissioner and may be filed by the patient or by the 17.10 head of the treatment facility. A patient may not petition the 17.11 special review board for six months following commitment under 17.12 subdivision 3 or following the final disposition of any previous 17.13 petition and subsequent appeal by the patient. The medical 17.14 director may petition at any time. 17.15 (b) Fourteen days prior to the hearing, the committing 17.16 court, the county attorney of the county of commitment, the 17.17 designated agency, interested person, the petitioner, and the 17.18 petitioner's counsel shall be given written notice by the 17.19 commissioner of the time and place of the hearing before the 17.20 special review board. Only those entitled to statutory notice 17.21 of the hearing or those administratively required to attend may 17.22 be present at the hearing. The patient may designate interested 17.23 persons to receive notice by providing the names and addresses 17.24 to the commissioner at least 21 days before the hearing. The 17.25 board shall provide the commissioner with written findings of 17.26 fact and recommendations within 21 days of the hearing. The 17.27 commissioner shall issue an order no later than 14 days after 17.28 receiving the recommendation of the special review board. A 17.29 copy of the order shall be sent by certified mail to every 17.30 person entitled to statutory notice of the hearing within five 17.31 days after it is signed. No order by the commissioner shall be 17.32 effective sooner than 30 days after the order is signed, unless 17.33 the county attorney, the patient, and the commissioner agree 17.34 that it may become effective sooner. 17.35 (c) The special review board shall hold a hearing on each 17.36 petition prior to making its recommendation to the 18.1 commissioner. The special review board proceedings are not 18.2 contested cases as defined in chapter 14. Any person or agency 18.3 receiving notice that submits documentary evidence to the 18.4 special review board prior to the hearing shall also provide 18.5 copies to the patient, the patient's counsel, the county 18.6 attorney of the county of commitment, the case manager, and the 18.7 commissioner. 18.8 (d) The special review board shall hold a hearing on each18.9 petition prior to making any recommendation. The special review18.10 board shall make written findings and a recommendation to the18.11 commissioner. The board shall make a recommendation to the18.12 commissioner no later than 21 days after the hearing.18.13 (e)Prior to the final decision by the commissioner, the 18.14 special review board may be reconvened to consider events or 18.15 circumstances that occurred subsequent to the hearing. 18.16 Sec. 22. Minnesota Statutes 1996, section 253B.185, is 18.17 amended by adding a subdivision to read: 18.18 Subd. 1a. [TEMPORARY CONFINEMENT.] During any hearing held 18.19 under this section, or pending emergency revocation of a 18.20 provisional discharge, the court may order the patient or 18.21 proposed patient temporarily confined in a jail or lockup but 18.22 only if: 18.23 (1) there is no other feasible place of confinement for the 18.24 patient within a reasonable distance; 18.25 (2) the confinement is for less than 24 hours or, if during 18.26 a hearing, less than 24 hours prior to commencement and after 18.27 conclusion of the hearing; and 18.28 (3) there are protections in place, including segregation 18.29 of the patient, to ensure the safety of the patient. 18.30 Sec. 23. Minnesota Statutes 1997 Supplement, section 18.31 253B.19, subdivision 3, is amended to read: 18.32 Subd. 3. [DECISION.] A majority of the appeal panel shall 18.33 rule upon the petition. The order of the appeal panel shall 18.34 supersede the order of the commissioner in the cases. No order 18.35 of the appeal panel granting a transfer, discharge or 18.36 provisional discharge shall be made effective sooner than 15 19.1 days after it is issued. The panel shall not modify conditions19.2 of a transfer or provisional discharge from those approved by19.3 the commissioner without the commissioner's consent.The panel 19.4 may not consider petitions for relief other than those 19.5 considered by the commissioner from which the appeal is taken. 19.6 The panel may not grant a transfer or provisional discharge on 19.7 terms or conditions that were not presented to the commissioner 19.8 or the special review board.