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Minnesota Legislature

Office of the Revisor of Statutes

SF 3673

2nd Engrossment - 90th Legislature (2017 - 2018) Posted on 09/27/2018 01:46pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 2nd Engrossment

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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 is capable of
making an acceptable adjustment to open society, is no longer dangerous to the public, and
is no longer in need of deleted text begininpatientdeleted text end treatment and supervision.

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. If the
desired conditions do not exist, the discharge shall not be granted.

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, including any pending petition for a
reduction in custody, unless, for such a pending petition, an order of the commissioner or
the judicial appeal panel discharging the person from commitment has been issued.
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 is capable of making an acceptable adjustment to open
society, is no longer dangerous to the public, and is no longer in need of deleted text begininpatientdeleted text end treatment
and supervision.

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. If the desired conditions do not exist, the discharge shall not be granted.

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 a sexually dangerous person or a person with a sexual psychopathic
personality, and any pending petition for a reduction in custody, unless, for such a pending
petition, an order of the judicial appeal panel discharging the person from commitment has
been issued.
new text end