SF 2430

as introduced - 91st Legislature (2019 - 2020) Posted on 03/14/2019 09:15am

A bill for an act
relating to human services; modifying policy provisions governing direct care and
treatment; amending Minnesota Statutes 2018, sections 253B.18, subdivision 13,
by adding subdivisions; 253D.28, subdivision 3; 609.2231, subdivision 3a.

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

Section 1.

Minnesota Statutes 2018, section 253B.18, is amended by adding a subdivision
to read:

new text begin Subd. 6a. new text end

new text begin Transfer; voluntary readmission to secure treatment facility. new text end

new text begin (a) After a
patient has been transferred out of a secure treatment facility pursuant to subdivision 6, the
patient with the medical director's consent may voluntarily return to a secure treatment
facility for a period of up to 60 days.
new text end

new text begin (b) If the patient is not returned to the facility to which the person was originally
transferred pursuant to subdivision 6 within 60 days of being readmitted to a secure treatment
facility, the transfer is revoked and the patient shall remain in a secure treatment facility.
The patient shall immediately be notified by the medical director in writing of the revocation.
new text end

new text begin (c) Within 15 days of receiving notice of the revocation, the patient may petition the
special review board for a review of the revocation. The special review board shall review
the circumstances of the revocation and shall recommend to the commissioner whether or
not the revocation shall be upheld. The special review board may also recommend a new
transfer at the time of the revocation hearing.
new text end

new text begin (d) If the transfer has not been revoked and the patient is to be returned to the facility
to which the patient was originally transferred pursuant to subdivision 6 with no substantive
change to the conditions of the transfer ordered pursuant to subdivision 6, no action by the
special review board or commissioner is required.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to any patient who is or retroactively to any patient who has been transferred out of
a secure treatment facility pursuant to Minnesota Statutes, section 253B.18, subdivision 6,
on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2018, section 253B.18, is amended by adding a subdivision to
read:

new text begin Subd. 6b. new text end

new text begin Transfer; revocation. new text end

new text begin (a) The medical director may revoke a transfer made
pursuant to subdivision 6 and require a patient to return to a secure treatment facility if:
new text end

new text begin (1) remaining in a nonsecure setting will not provide a reasonable degree of safety to
the patient or others; or
new text end

new text begin (2) the facility to which the patient transferred is no longer sufficient to meet the patient's
treatment needs.
new text end

new text begin (b) Upon the revocation of the transfer, the patient shall be immediately returned to a
secure treatment facility. The medical director shall issue a report documenting the reasons
for revocation within seven days after the patient is returned to the secure treatment facility.
Advance notice to the patient of the revocation is not required.
new text end

new text begin (c) The medical director must provide a copy of the revocation report to the patient and
inform the patient, orally and in writing, of the rights of a patient under this subdivision.
The revocation report shall be served upon the patient and the patient's counsel by the
medical director. The report shall outline the specific reasons for the revocation including
but not limited to the specific facts upon which the revocation is based.
new text end

new text begin (d) If a patient's transfer is revoked, the patient may re-petition for transfer according to
subdivision 5.
new text end

new text begin (e) A patient aggrieved by a transfer revocation decision may petition the special review
board within seven days, excluding Saturdays, Sundays, and holidays as defined in section
645.44, subdivision 5, after receipt of the revocation report for a review of the revocation.
The matter shall be scheduled within 30 days. The special review board shall review the
circumstances leading to the revocation and, after considering the factors in paragraph (a),
shall recommend to the commissioner whether or not the revocation shall be upheld. The
special review board may also recommend a new transfer out of a secure treatment facility
pursuant to subdivision 6 at the time of the revocation hearing.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to any patient who is or retroactively to any patient who has been transferred out of
a secure treatment facility pursuant to Minnesota Statutes, section 253B.18, subdivision 6,
on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2018, section 253B.18, subdivision 13, is amended to read:

Subd. 13.

Appeal.

Any patient aggrieved by a new text begin provisional discharge new text end revocation decision
or any interested person may petition the special review board within seven days, exclusive
of Saturdays, Sundays, and deleted text begin legal deleted text end holidays new text begin as defined in section 645.44, subdivision 5 new text end , after
receipt of the revocation report for a review of the revocation. The matter shall be scheduled
within 30 days. The special review board shall review the circumstances leading to the
revocation and shall recommend to the commissioner whether or not the revocation shall
be upheld. The special review board may also recommend a new provisional discharge at
the time of a revocation hearing.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2018, section 253D.28, subdivision 3, is amended to read:

Subd. 3.

Decision.

A majority of the judicial appeal panel shall rule upon the petition.
The panel shall consider the petition de novo. No order of the judicial appeal panel granting
a transfer deleted text begin , discharge, or provisional discharge deleted text end shall be made effective sooner than 15 days
after it is issued. new text begin No order of the judicial appeal panel granting provisional discharge or
discharge shall be made effective sooner than 30 days after it is issued. new text end The panel may not
consider petitions for relief other than those considered by the special review board from
which the appeal is taken. The judicial appeal panel may not grant a transfer or provisional
discharge on terms or conditions that were not presented to the special review board.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to any judicial appeal panel order granting provisional discharge or discharge that
is issued on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2018, section 609.2231, subdivision 3a, is amended to read:

Subd. 3a.

Secure treatment facility personnel.

(a) As used in this subdivision, "secure
treatment facility" includes facilities listed in sections 253B.02, subdivision 18a, and
253D.02, subdivision 13.

(b) Whoever, while committed under chapter 253D, Minnesota Statutes 2012, section
253B.185, or Minnesota Statutes 1992, section 526.10, commits either of the following acts
against an employee or other individual who provides care or treatment at a secure treatment
facility while the person is engaged in the performance of a duty imposed by law, policy,
or rule is guilty of a felony and may be sentenced to imprisonment for not more than two
years or to payment of a fine of not more than $4,000, or both:

(1) assaults the person and inflicts demonstrable bodily harm; or

(2) intentionally throws or otherwise transfers bodily fluids or feces at or onto the person.

(c) Whoever, while committed under section 253B.18, or admitted under the provision
of section 253B.10, subdivision 1, commits either of the following acts against an employee
or other individual who supervises and works directly with patients at a secure treatment
facility while the person is engaged in the performance of a duty imposed by law, policy,
or rule, is guilty of a felony and may be sentenced to imprisonment for not more than two
years or to payment of a fine of not more than $4,000, or both:

(1) assaults the person and inflicts demonstrable bodily harm; or

(2) intentionally throws or otherwise transfers deleted text begin urine, blood, semen, deleted text end new text begin bodily fluids new text end or feces
onto the person.

(d) The court shall commit a person convicted of violating paragraph (b) to the custody
of the commissioner of corrections for not less than one year and one day. The court may
not, on its own motion or the prosecutor's motion, sentence a person without regard to this
paragraph. A person convicted and sentenced as required by this paragraph is not eligible
for probation, parole, discharge, work release, or supervised release, until that person has
served the full term of imprisonment as provided by law, notwithstanding the provisions of
sections 241.26, 242.19, 243.05, 244.04, 609.12, and 609.135.

(e) Notwithstanding the statutory maximum sentence provided in paragraph (b), when
a court sentences a person to the custody of the commissioner of corrections for a violation
of paragraph (b), the court shall provide that after the person has been released from prison,
the commissioner shall place the person on conditional release for five years. The terms of
conditional release are governed by sections 244.05 and 609.3455, subdivision 6, 7, or 8;
and Minnesota Statutes 2004, section 609.109.