SF 3202

as introduced - 89th Legislature (2015 - 2016) Posted on 03/25/2016 09:53am

A bill for an act
relating to mental health; enacting recommendations of the legislative auditor;
appropriating money to fully fund community behavioral health hospitals;
authorizing data sharing; providing for treatment and competency restoration of
individuals who are found incompetent to participate in criminal proceedings;
authorizing administration of neuroleptic medications in jails in certain cases;
amending Minnesota Statutes 2014, sections 241.021, subdivision 1; 253B.02,
subdivision 4, by adding a subdivision; 253B.07, subdivision 2a; 253B.092,
subdivisions 1, 2, 3, 8; 253B.10, subdivision 1; Minnesota Statutes 2015
Supplement, section 13.46, subdivision 7; proposing coding for new law in
Minnesota Statutes, chapters 253B; 641.

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

Section 1.

Minnesota Statutes 2015 Supplement, section 13.46, subdivision 7, is
amended to read:

Subd. 7.

Mental health data.

(a) Mental health data are private data on individuals
and shall not be disclosed, except:

(1) pursuant to section 13.05, as determined by the responsible authority for the
community mental health center, mental health division, or provider;

(2) pursuant to court order;

(3) pursuant to a statute specifically authorizing access to or disclosure of mental
health data or as otherwise provided by this subdivision;

(4) to personnel of the welfare system working in the same program or providing
services to the same individual or family to the extent necessary to coordinate services,
provided that a health record may be disclosed only as provided under section 144.293;

(5) to a health care provider governed by sections 144.291 to 144.298, to the extent
necessary to coordinate services; deleted text begin or
deleted text end

(6) new text begin to personnel of a jail for the purpose of providing or coordinating mental health
services for an individual who is currently incarcerated in the jail; or
new text end

new text begin (7) new text end with the consent of the client or patient.

(b) An agency of the welfare system may not require an individual to consent to the
release of mental health data as a condition for receiving services or for reimbursing a
community mental health center, mental health division of a county, or provider under
contract to deliver mental health services.

(c) Notwithstanding section 245.69, subdivision 2, paragraph (f), or any other law
to the contrary, the responsible authority for a community mental health center, mental
health division of a county, or a mental health provider must disclose mental health data to
a law enforcement agency if the law enforcement agency provides the name of a client or
patient and communicates that the:

(1) client or patient is currently involved in an emergency interaction with the law
enforcement agency; and

(2) data is necessary to protect the health or safety of the client or patient or of
another person.

The scope of disclosure under this paragraph is limited to the minimum necessary for
law enforcement to respond to the emergency. Disclosure under this paragraph may include,
but is not limited to, the name and telephone number of the psychiatrist, psychologist,
therapist, mental health professional, practitioner, or case manager of the client or patient.
A law enforcement agency that obtains mental health data under this paragraph shall
maintain a record of the requestor, the provider of the information, and the client or patient
name. Mental health data obtained by a law enforcement agency under this paragraph
are private data on individuals and must not be used by the law enforcement agency for
any other purpose. A law enforcement agency that obtains mental health data under this
paragraph shall inform the subject of the data that mental health data was obtained.

(d) In the event of a request under paragraph (a), clause (6), a community mental
health center, county mental health division, or provider must release mental health data to
Criminal Mental Health Court personnel in advance of receiving a copy of a consent if the
Criminal Mental Health Court personnel communicate that the:

(1) client or patient is a defendant in a criminal case pending in the district court;

(2) data being requested is limited to information that is necessary to assess whether
the defendant is eligible for participation in the Criminal Mental Health Court; and

(3) client or patient has consented to the release of the mental health data and a copy
of the consent will be provided to the community mental health center, county mental
health division, or provider within 72 hours of the release of the data.

For purposes of this paragraph, "Criminal Mental Health Court" refers to a specialty
criminal calendar of the Hennepin County District Court for defendants with mental illness
and brain injury where a primary goal of the calendar is to assess the treatment needs of
the defendants and to incorporate those treatment needs into voluntary case disposition
plans. The data released pursuant to this paragraph may be used for the sole purpose of
determining whether the person is eligible for participation in mental health court. This
paragraph does not in any way limit or otherwise extend the rights of the court to obtain the
release of mental health data pursuant to court order or any other means allowed by law.

Sec. 2.

Minnesota Statutes 2014, section 241.021, subdivision 1, is amended to read:

Subdivision 1.

Correctional facilities; inspection; licensing.

(a) Except as provided
in paragraph (b), the commissioner of corrections shall inspect and license all correctional
facilities throughout the state, whether public or private, established and operated for
the detention and confinement of persons detained or confined therein according to law
except to the extent that they are inspected or licensed by other state regulating agencies.
The commissioner shall promulgate pursuant to chapter 14, rules establishing minimum
standards for these facilities with respect to their management, operation, physical
condition, and the security, safety, health, treatment, and discipline of persons detained
or confined therein. new text begin The commissioner shall ensure that licensed facilities comply with
applicable minimum standards in Minnesota Statutes and Rules. new text end Commencing September
1, 1980, no individual, corporation, partnership, voluntary association, or other private
organization legally responsible for the operation of a correctional facility may operate
the facility unless licensed by the commissioner of corrections. Private adult correctional
facilities shall have the authority of section 624.714, subdivision 13, if the Department of
Corrections licenses the facility with such authority and the facility meets requirements of
section 243.52. The commissioner shall review the correctional facilities described in this
subdivision at least once every biennium, except as otherwise provided herein, to determine
compliance with the minimum standards established pursuant to this subdivision. The
commissioner shall grant a license to any facility found to conform to minimum standards
or to any facility which, in the commissioner's judgment, is making satisfactory progress
toward substantial conformity and the interests and well-being of the persons detained or
confined therein are protected. The commissioner may grant licensure up to two years.
The commissioner shall have access to the buildings, grounds, books, records, staff, and to
persons detained or confined in these facilities. The commissioner may require the officers
in charge of these facilities to furnish all information and statistics the commissioner deems
necessary, at a time and place designated by the commissioner. The commissioner may
require that any or all such information be provided through the Department of Corrections
detention information system. The education program offered in a correctional facility for
the detention or confinement of juvenile offenders must be approved by the commissioner
of education before the commissioner of corrections may grant a license to the facility.

(b) For juvenile facilities licensed by the commissioner of human services, the
commissioner may inspect and certify programs based on certification standards set forth
in Minnesota new text begin Statutes and new text end Rules. For the purpose of this paragraph, "certification" has
the meaning given it in section 245A.02.

(c) Any state agency which regulates, inspects, or licenses certain aspects of
correctional facilities shall, insofar as is possible, ensure that the minimum standards
it requires are substantially the same as those required by other state agencies which
regulate, inspect, or license the same aspects of similar types of correctional facilities,
although at different correctional facilities.

(d) Nothing in this section shall be construed to limit the commissioner of
corrections' authority to promulgate rules establishing standards of eligibility for counties
to receive funds under sections 401.01 to 401.16, or to require counties to comply with
operating standards the commissioner establishes as a condition precedent for counties
to receive that funding.

(e) When the commissioner finds that any facility described in paragraph (a), except
foster care facilities for delinquent children and youth as provided in subdivision 2, does
not substantially conform to the minimum standards established by the commissioner and
is not making satisfactory progress toward substantial conformance, the commissioner
shall promptly notify the chief executive officer and the governing board of the facility
of the deficiencies and order that they be remedied within a reasonable period of time.
The commissioner may by written order restrict the use of any facility which does not
substantially conform to minimum standards to prohibit the detention of any person
therein for more than 72 hours at one time. When, after due notice and hearing, the
commissioner finds that any facility described in this subdivision, except county jails and
lockups as provided in sections 641.26, 642.10, and 642.11, does not conform to minimum
standards, or is not making satisfactory progress toward substantial compliance therewith,
the commissioner may issue an order revoking the license of that facility. After revocation
of its license, that facility shall not be used until its license is renewed. When the
commissioner is satisfied that satisfactory progress towards substantial compliance with
minimum standard is being made, the commissioner may, at the request of the appropriate
officials of the affected facility supported by a written schedule for compliance, grant an
extension of time for a period not to exceed one year.

(f) As used in this subdivision, "correctional facility" means any facility, including a
group home, having a residential component, the primary purpose of which is to serve
persons placed therein by a court, court services department, parole authority, or other
correctional agency having dispositional power over persons charged with, convicted,
or adjudicated to be guilty or delinquent.

Sec. 3.

Minnesota Statutes 2014, section 253B.02, subdivision 4, is amended to read:

Subd. 4.

Committing court.

"Committing court" means the district court where a
petition for commitment was decided. In a case where commitment proceedings are
commenced following an acquittal of a crime or offense under section 611.026 new text begin , or a
finding of incompetency under rule 20.01, subdivision 6, of the Rules of Criminal
Procedure new text end , "committing court" means the district court in which the acquittal new text begin or finding of
incompetency new text end took place.

Sec. 4.

Minnesota Statutes 2014, section 253B.02, is amended by adding a subdivision
to read:

new text begin Subd. 16a. new text end

new text begin Person who is incompetent to participate in criminal proceedings.
new text end

new text begin "Person who is incompetent to participate in criminal proceedings" means a person who is
found incompetent under rule 20.01, subdivision 6, of the Rules of Criminal Procedure.
new text end

Sec. 5.

Minnesota Statutes 2014, section 253B.07, subdivision 2a, is amended to read:

Subd. 2a.

Petition originating from criminal proceedings.

(a) If criminal charges
are pending against a defendant, the court shall order simultaneous competency and civil
commitment examinations in accordance with Minnesota Rules of Criminal Procedure,
rule 20.04, when the following conditions are met:

(1) the prosecutor or defense counsel doubts the defendant's competency and a
motion is made challenging competency, or the court on its initiative raises the issue
under rule 20.01; and

(2) the prosecutor and defense counsel agree simultaneous examinations are
appropriate.

new text begin (b) new text end No additional examination under subdivision 3 is required new text begin :
new text end

new text begin (1) new text end in a subsequent civil commitment proceeding unless a second examination
is requested by defense counsel appointed following the filing of any petition for
commitment new text begin ; or
new text end

new text begin (2) if the commitment is for competency restoration under section 253B.101 new text end .

deleted text begin (b) deleted text end new text begin (c) new text end Following an acquittal of a person of a criminal charge under section 611.026,
the petition shall be filed by the county attorney of the county in which the acquittal took
place and the petition shall be filed with the court in which the acquittal took place, and
that court shall be the committing court for purposes of this chapter. When a petition is
filed pursuant to subdivision 2 with the court in which acquittal of a criminal charge took
place, the court shall assign the judge before whom the acquittal took place to hear the
commitment proceedings unless that judge is unavailable.

Sec. 6.

Minnesota Statutes 2014, section 253B.092, subdivision 1, is amended to read:

Subdivision 1.

General.

Neuroleptic medications may be administered, only as
provided in this section, to patients subject to early intervention or civil commitment as
mentally ill, mentally ill and dangerous, a sexually dangerous person, deleted text begin or deleted text end a person with
a sexual psychopathic personality new text begin , or to patients who are subject to commitment under
section 253B.101 new text end . For purposes of this section deleted text begin , deleted text end new text begin :
new text end

new text begin (1) new text end "patient" includes a proposed patient who is the subject of a petition for early
intervention or commitment and a committed person as defined in section 253D.02,
subdivision 4 new text begin , or a person who is incarcerated in a jail; and
new text end

new text begin (2) "treating physician" includes the physician for a jail in which a person is
incarcerated new text end .

Sec. 7.

Minnesota Statutes 2014, section 253B.092, subdivision 2, is amended to read:

Subd. 2.

Administration without judicial review.

Neuroleptic medications may be
administered without judicial review in the following circumstances:

(1) the patient has the capacity to make an informed decision under subdivision 4;

(2) the patient does not have the present capacity to consent to the administration
of neuroleptic medication, but prepared a health care directive under chapter 145C or a
declaration under section 253B.03, subdivision 6d, requesting treatment or authorizing an
agent or proxy to request treatment, and the agent or proxy has requested the treatment;

(3) the patient has been prescribed neuroleptic medication prior to admission to a
treatment facility new text begin or incarceration new text end , but lacks the capacity to consent to the administration
of that neuroleptic medication; continued administration of the medication is in the
patient's best interest; and the patient does not refuse administration of the medication. In
this situation, the previously prescribed neuroleptic medication may be continued for up
to 14 days while the treating physician:

(i) is obtaining a substitute decision-maker appointed by the court under subdivision
6; or

(ii) is requesting an amendment to a current court order authorizing administration
of neuroleptic medication;

(4) a substitute decision-maker appointed by the court consents to the administration
of the neuroleptic medication and the patient does not refuse administration of the
medication; or

(5) the substitute decision-maker does not consent or the patient is refusing
medication, and the patient is in an emergency situation.

Sec. 8.

Minnesota Statutes 2014, section 253B.092, subdivision 3, is amended to read:

Subd. 3.

Emergency administration.

A treating physician may administer
neuroleptic medication to a patient who does not have capacity to make a decision
regarding administration of the medication if the patient is in an emergency situation.
Medication may be administered for so long as the emergency continues to exist, up to
14 days, if the treating physician determines that the medication is necessary to prevent
serious, immediate physical harm to the patient or to others. If a request for authorization
to administer medication is made to the court within the 14 days, the treating physician
may continue the medication through the date of the first court hearing, if the emergency
continues to exist. If the request for authorization to administer medication is made to the
court in conjunction with a petition for commitment or early intervention and the court
makes a determination at the preliminary hearing under section 253B.07, subdivision 7,
that there is sufficient cause to continue the physician's order until the hearing under
section 253B.08, the treating physician may continue the medication until that hearing,
if the emergency continues to exist. The treatment facility new text begin or jail new text end shall document the
emergency in the patient's medical record in specific behavioral terms.

Sec. 9.

Minnesota Statutes 2014, section 253B.092, subdivision 8, is amended to read:

Subd. 8.

Procedure when patient refuses medication.

(a) If the substitute
decision-maker or the patient refuses to consent to treatment with neuroleptic medications,
and absent an emergency as set forth in subdivision 3, neuroleptic medications may not be
administered without a court order. Upon receiving a written request for a hearing, the
court shall schedule the hearing within 14 days of the request. The matter may be heard
as part of any other district court proceeding under this chapter new text begin or as part of a criminal
proceeding involving the patient new text end . By agreement of the parties or for good cause shown,
the court may extend the time of hearing an additional 30 days.

(b) The patient must be examined by a court examiner prior to the hearing. If the
patient refuses to participate in an examination, the examiner may rely on the patient's
medical records to reach an opinion as to the appropriateness of neuroleptic medication.
The patient is entitled to counsel and a second examiner, if requested by the patient or
patient's counsel.

(c) The court may base its decision on relevant and admissible evidence, including
the testimony of a treating physician or other qualified physician, a member of the
patient's treatment team, a court-appointed examiner, witness testimony, or the patient's
medical records.

(d) If the court finds that the patient has the capacity to decide whether to take
neuroleptic medication or that the patient lacks capacity to decide and the standards for
making a decision to administer the medications under subdivision 7 are not met, the
treating facility new text begin or jail new text end may not administer medication without the patient's informed written
consent or without the declaration of an emergency, or until further review by the court.

(e) If the court finds that the patient lacks capacity to decide whether to take
neuroleptic medication and has applied the standards set forth in subdivision 7, the court
may authorize the treating facility new text begin or jail new text end and any other community or treatment facility
to which the patient may be transferred or provisionally discharged, to involuntarily
administer the medication to the patient. A copy of the order must be given to the patient,
the patient's attorney, the county attorney, and the treatment facility new text begin or jail new text end . The treatment
facility new text begin or jail new text end may not begin administration of the neuroleptic medication until it notifies
the patient of the court's order authorizing the treatment.

(f) A finding of lack of capacity under this section must not be construed to
determine the patient's competence for any other purpose.

(g) The court may authorize the administration of neuroleptic medication until the
termination of a determinate commitment. If the patient is committed for an indeterminate
period, the court may authorize treatment of neuroleptic medication for not more than
two years, subject to the patient's right to petition the court for review of the order. The
treatment facility must submit annual reports to the court, which shall provide copies to
the patient and the respective attorneys.

(h) The court may limit the maximum dosage of neuroleptic medication that may be
administered.

(i) If physical force is required to administer the neuroleptic medication, force may
only take place in a treatment facility or therapeutic setting where the person's condition
can be reassessed and appropriate medical staff are available.

Sec. 10.

Minnesota Statutes 2014, section 253B.10, subdivision 1, is amended to read:

Subdivision 1.

Administrative requirements.

(a) When a person is committed,
the court shall issue a warrant or an order committing the patient to the custody of the
head of the treatment facility. The warrant or order shall state that the patient meets the
statutory criteria for civil commitment.

(b) The commissioner shall prioritize patients being admitted from jail or a
correctional institution who are:

(1) ordered confined in a state hospital for an examination under Minnesota Rules of
Criminal Procedure, rules 20.01, subdivision 4, paragraph (a), and 20.02, subdivision 2;

(2) under civil commitment for competency treatment and continuing supervision
under Minnesota Rules of Criminal Procedure, rule 20.01, subdivision 7 new text begin , or committed as
a person who is incompetent to participate in criminal proceedings new text end ;

(3) found not guilty by reason of mental illness under Minnesota Rules of Criminal
Procedure, rule 20.02, subdivision 8, and under civil commitment or are ordered to be
detained in a state hospital or other facility pending completion of the civil commitment
proceedings; or

(4) committed under this chapter to the commissioner after dismissal of the patient's
criminal charges.

Patients described in this paragraph must be admitted to a service operated by the
commissioner within 48 hours. The commitment must be ordered by the court as provided
in section 253B.09, subdivision 1, paragraph (c).

(c) Upon the arrival of a patient at the designated treatment facility, the head of the
facility shall retain the duplicate of the warrant and endorse receipt upon the original
warrant or acknowledge receipt of the order. The endorsed receipt or acknowledgment
must be filed in the court of commitment. After arrival, the patient shall be under the
control and custody of the head of the treatment facility.

(d) Copies of the petition for commitment, the court's findings of fact and
conclusions of law, the court order committing the patient, the report of the examiners,
and the prepetition report shall be provided promptly to the treatment facility.

Sec. 11.

new text begin [253B.101] COMMITMENT FOR COMPETENCY RESTORATION.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin Notwithstanding sections 253B.07 to 253B.09, this
section applies to the commitment of a person who is incompetent to participate in criminal
proceedings. This section does not preclude commitment of the person under other
provisions of this chapter or chapter 253D or, if the finding of incompetence is based on
mental deficiency, commitment to the guardianship of the commissioner of human services.
new text end

new text begin Subd. 2. new text end

new text begin Order. new text end

new text begin The court shall issue an order committing the person to the
head of a treatment facility that is the least restrictive treatment program or alternative
program that can meet the person's need for competency treatment and restoration. If the
underlying criminal charge was a misdemeanor and the charge was dismissed, the court
shall refer the person to county social services for the provision of voluntary mental health
services in lieu of issuing a commitment order under this section.
new text end

new text begin Subd. 3. new text end

new text begin Continuing supervision. new text end

new text begin Within a reasonable period of time, not to exceed
one month from the date of the commitment order, the head of the treatment facility
shall submit a report to the committing court indicating whether the person is competent
or there is a substantial probability that the person will be restored to competency in the
foreseeable future, so as to allow the criminal proceedings to resume. A copy of the
report must be given to the person's attorney and the prosecuting attorney. The head
of the treatment facility shall continue to submit reports as required under rule 20.01,
subdivision 7, of the Rules of Criminal Procedure.
new text end

Sec. 12.

new text begin [641.154] MENTAL HEALTH ASSESSMENTS.
new text end

new text begin The sheriff or chief executive in control of a county jail or county regional jail shall
ensure that each inmate who has been incarcerated in the jail for 14 days or more has
received a comprehensive specialized mental health assessment. For inmates who have
been charged with a crime and are awaiting trial, an assessment may not be required of
the inmate, but must be offered.
new text end

Sec. 13. new text begin APPROPRIATION; COMMUNITY BEHAVIORAL HEALTH
HOSPITALS.
new text end

new text begin $....... in fiscal year 2017 is appropriated from the general fund to the commissioner
of human services to fully fund bed capacity at all community behavioral health hospitals.
new text end