SF 2713

2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 03/08/2010 11:41am

A bill for an act
relating to human services; amending provisions relating to judicial holds
in commitment cases; amending Minnesota Statutes 2008, section 253B.07,
subdivision 2b.

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

Section 1.

Minnesota Statutes 2008, section 253B.07, subdivision 2b, is amended to
read:

Subd. 2b.

Apprehend and hold orders.

The court may order the treatment facility
to hold the person in a treatment facility or direct a health officer, peace officer, or other
person to take the proposed patient into custody and transport the proposed patient to a
treatment facility for observation, evaluation, diagnosis, care, treatment, and, if necessary,
confinement, when:

(1) there has been a particularized showing by the petitioner that serious physical
harm to the proposed patient or others is likely unless the proposed patient is immediately
apprehended;

(2) the proposed patient has not voluntarily appeared for the examination or the
commitment hearing pursuant to the summons; or

(3) a person is held pursuant to section 253B.05 and a request for a petition for
commitment has been filed.

The order of the court may be executed on any day and at any time by the use of all
necessary means including the imposition of necessary restraint upon the proposed patient.
Where possible, a peace officer taking the proposed patient into custody pursuant to this
subdivision shall not be in uniform and shall not use a motor vehicle visibly marked as
a police vehicle. new text begin Except as provided in section 253B.045, subdivision 1a, in the case of
an individual on a judicial hold due to a petition for civil commitment under section
253B.185, assignment of custody during the hold is to the commissioner of human
services. The commissioner is responsible for determining the appropriate placement
within a secure treatment facility under the authority of the commissioner.
new text end