SF 3231

as introduced - 89th Legislature (2015 - 2016) Posted on 03/25/2016 10:16am

A bill for an act
relating to civil commitment; modifying examiner report for petition for civil
commitment; designating head of treatment facility to write aftercare plan for
certain provisionally discharged patients; amending Minnesota Statutes 2014,
sections 253B.07, subdivision 2; 253B.15, subdivision 1.

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

Section 1.

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

Subd. 2.

The petition.

(a) Any interested person, except a member of the prepetition
screening team, may file a petition for commitment in the district court of the county of
financial responsibility or the county where the proposed patient is present. If the head of
the treatment facility believes that commitment is required and no petition has been filed,
the head of the treatment facility shall petition for the commitment of the person.

(b) The petition shall set forth the name and address of the proposed patient, the
name and address of the patient's nearest relatives, and the reasons for the petition. The
petition must contain factual descriptions of the proposed patient's recent behavior,
including a description of the behavior, where it occurred, and the time period over which
it occurred. Each factual allegation must be supported by observations of witnesses
named in the petition. Petitions shall be stated in behavioral terms and shall not contain
judgmental or conclusory statements.

(c) The petition shall be accompanied by a written statement by an examiner stating
that the examiner has examined the proposed patient within the 15 days preceding the
filing of the petition and is of the opinion that the proposed patient is suffering a designated
disability and should be committed to a treatment facility. The deleted text begin statement deleted text end new text begin examiner's report
new text end shall include the reasons for the opinion.

new text begin (d) In the case of a commitment based on mental illness, the report shall also include:
new text end

new text begin (1) an assessment of the level of care necessary to provide appropriate treatment to
the proposed patient, utilizing a standardized, evidenced-based assessment tool;
new text end

new text begin (2) an assessment of the proposed patient's likelihood for aggressive behavior, harm
to self or others, and elopement; and
new text end

new text begin (3) the examiner's recommendations regarding the least restrictive treatment that
will meet the proposed patient's needs, which must reflect findings of the assessments
under clauses (1) and (2).
new text end

new text begin (e) new text end In the case of a commitment based on mental illness, the petition and the
examiner's statement shall include, to the extent this information is available, a statement
and opinion regarding the proposed patient's need for treatment with neuroleptic
medication and the patient's capacity to make decisions regarding the administration of
neuroleptic medications, and the reasons for the opinion. If use of neuroleptic medications
is recommended by the treating physician, the petition for commitment must, if applicable,
include or be accompanied by a request for proceedings under section 253B.092. Failure
to include the required information regarding neuroleptic medications in the examiner's
statement, or to include a request for an order regarding neuroleptic medications with the
commitment petition, is not a basis for dismissing the commitment petition. If a petitioner
has been unable to secure a statement from an examiner, the petition shall include
documentation that a reasonable effort has been made to secure the supporting statement.

Sec. 2.

Minnesota Statutes 2014, section 253B.15, subdivision 1, is amended to read:

Subdivision 1.

Provisional discharge.

The head of the treatment facility may
provisionally discharge any patient without discharging the commitment, unless the patient
was found by the committing court to be a person who is mentally ill and dangerous to the
public, or a sexually dangerous person or a sexual psychopathic personality.

Each patient deleted text begin released deleted text end new text begin placed new text end on provisional discharge shall have a written aftercare
plan developed which specifies the services and treatment to be provided as part of the
aftercare plan, the financial resources available to pay for the services specified, the
expected period of provisional discharge, the precise goals for the granting of a final
discharge, and conditions or restrictions on the patient during the period of the provisional
discharge. The aftercare plan shall be provided to the patient, the patient's attorney, and
the designated agency.

The aftercare plan shall be reviewed on a quarterly basis by the patient, designated
agency and other appropriate persons. The aftercare plan shall contain the grounds upon
which a provisional discharge may be revoked. The provisional discharge shall terminate
on the date specified in the plan unless specific action is taken to revoke or extend it.

new text begin For patients who, at the time of provisional discharge, do not require placement in
a state-operated program or facility, the head of the treatment facility may develop the
written aftercare plan, notify the court that the patient has been placed on a provisional
discharge, and coordinate and monitor the patient's aftercare program as required under
subdivision 1a.
new text end