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Minnesota Legislature

Office of the Revisor of Statutes

SF 3673

as introduced - 90th Legislature (2017 - 2018) Posted on 03/28/2018 04:22pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to human services; modifying provisions relating to discharge from civil
commitment for persons committed as mentally ill and dangerous, sexually
dangerous, or persons with a sexual psychopathic personality;amending Minnesota
Statutes 2016, sections 253B.18, subdivision 15; 253D.31.

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

Section 1.

Minnesota Statutes 2016, section 253B.18, subdivision 15, is amended to read:


Subd. 15.

Discharge.

A patient who is mentally ill and dangerous shall not be discharged
unless it appears to the satisfaction of the commissioner, after a hearing and a favorable
recommendation by a majority of the special review board, that the patient deleted text beginis capable of
making an acceptable adjustment to open society,
deleted text end is no longer dangerous to deleted text beginthe publicdeleted text endnew text begin self
or others
new text end, deleted text beginanddeleted text endnew text begin ornew text end is no longer in need of deleted text begininpatientdeleted text end treatment deleted text beginanddeleted text endnew text begin ornew text end supervisionnew text begin as a person
who is mentally ill
new text end.

In determining whether a discharge shall be recommended, the special review board and
commissioner shall consider whether specific conditions exist to provide a reasonable degree
of protection to the public and to assist the patient in adjusting to the community. deleted text beginIf the
desired conditions do not exist, the discharge shall not be granted.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment for
any person committed as mentally ill and dangerous, a sexually dangerous person, or a
person with a sexual psychopathic personality, and any pending petition for a reduction in
custody, unless an order of the commissioner or the judicial appeal panel discharging the
person from commitment has become final, before that date, by the expiration of any appeal
or review period, or by the final resolution of all appeals and the issuance of judgment by
the appellate court.
new text end

Sec. 2.

Minnesota Statutes 2016, section 253D.31, is amended to read:


253D.31 DISCHARGE.

A person who is committed as a sexually dangerous person or a person with a sexual
psychopathic personality shall not be discharged unless it appears to the satisfaction of the
judicial appeal panel, after a hearing and recommendation by a majority of the special review
board, that the committed person deleted text beginis capable of making an acceptable adjustment to open
society,
deleted text end is no longer dangerous to the public, deleted text beginanddeleted text endnew text begin ornew text end is no longer in need of deleted text begininpatientdeleted text end treatment
deleted text begin anddeleted text endnew text begin ornew text end supervisionnew text begin for a condition that impairs the committed person's ability to control
sexual behavior
new text end.

In determining whether a discharge shall be recommended, the special review board and
judicial appeal panel shall consider whether specific conditions exist to provide a reasonable
degree of protection to the public and to assist the committed person in adjusting to the
community. deleted text beginIf the desired conditions do not exist, the discharge shall not be granted.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment for
any person committed as mentally ill and dangerous, a sexually dangerous person, or a
person with a sexual psychopathic personality, and any pending petition for a reduction in
custody, unless an order of the commissioner or the judicial appeal panel discharging the
person from commitment has become final, before that date, by the expiration of any appeal
or review period, or by the final resolution of all appeals and the issuance of judgment by
the appellate court.
new text end