SF 2919

2nd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to civil commitments; modifying and clarifying time requirements for
hearings; providing an exception from prehearing discharge for commitment
petitions involving persons alleged to be mentally ill and dangerous or a sexual
psychopathic personality or sexually dangerous person; amending Minnesota
Statutes 2006, section 253B.08, subdivision 1.

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

Section 1.

Minnesota Statutes 2006, section 253B.08, subdivision 1, is amended to read:

Subdivision 1.

Time for commitment hearing.

The hearing on the commitment
petition shall be held within 14 days from the date of the filing of the petition, except that
the hearing on a commitment petition pursuant to section 253B.185 shall be held within
90 days from the date of the filing of the petition. For good cause shown, the court may
extend the time of hearing up to an additional 30 days. The proceeding shall be dismissed
if the proposed patient has not had a hearing on a commitment petition within the allowed
time. The proposed patient, or the head of the treatment facility in which the person is
held, may demand in writing at any time that the hearing be held immediately. Unless the
hearing is held within five days of the date of the demand, exclusive of Saturdays, Sundays
and legal holidays, the petition shall be automatically discharged if the patient is being
held in a treatment facility pursuant to court order. For good cause shown, the court may
extend the time of hearing on the demand for an additional ten days. new text begin This subdivision
does not apply to a commitment petition brought under section 253B.18 or 253B.185.
new text end

new text begin EFFECTIVE DATE. new text end

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