SF 3782

as introduced - 90th Legislature (2017 - 2018) Posted on 03/23/2018 09:28am

A bill for an act
relating to civil commitment; modifying the 48-hour rule requirements; amending
Minnesota Statutes 2017 Supplement, section 253B.10, subdivision 1.

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

Section 1.

Minnesota Statutes 2017 Supplement, 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) deleted text begin under civil commitment for competency treatment and continuing supervision deleted text end
new text begin committed as mentally ill or as mentally ill and dangerous, if committed after a finding of
incompetency and referral for commitment new text end under Minnesota Rules of Criminal Procedure,
rule 20.01, subdivision 7;

(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 new text begin unless the commissioner determines there is no medically
appropriate bed available for the particular patient being admitted in which case the patient
shall be admitted within 48 hours of a medically appropriate bed becoming available new text end . 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, and any medical and behavioral information available shall be provided at the time
of admission of a patient to the designated treatment facility. This information shall also be
provided by the head of the treatment facility to treatment facility staff in a consistent and
timely manner and pursuant to all applicable laws.