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SF 54

as introduced - 92nd Legislature, 2021 1st Special Session (2021 - 2021) Posted on 06/22/2021 08:09am

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

Current Version - as introduced

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A bill for an act
relating to civil commitment; establishing a right to jury trial for respondents in
civil commitment proceedings; amending Minnesota Statutes 2020, sections
253B.08, by adding a subdivision; 253B.09, subdivisions 1, 2.

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

Section 1.

Minnesota Statutes 2020, section 253B.08, is amended by adding a subdivision
to read:


new text begin Subd. 1a. new text end

new text begin Right to jury trial. new text end

new text begin Within ten days after receipt of a civil commitment petition,
the respondent or the respondent's attorney may request a jury trial by filing a written motion
with the district court. The court must grant the respondent's or the respondent's attorney's
motion for a jury trial upon receipt of the motion, as long as the motion is filed within ten
days after the respondent receives the civil commitment petition.
new text end

Sec. 2.

Minnesota Statutes 2020, section 253B.09, subdivision 1, is amended to read:


Subdivision 1.

Standard of proof.

(a) If the court new text beginor the jury new text endfinds by clear and
convincing evidence that the proposed patient is a person who poses a risk of harm due to
mental illness, or is a person who has a developmental disability or chemical dependency,
and after careful consideration of reasonable alternative dispositions including but not
limited to dismissal of petition; voluntary outpatient care; voluntary admission to a treatment
facility, state-operated treatment program, or community-based treatment program;
appointment of a guardian or conservator; or release before commitment as provided for in
subdivision 4, deleted text beginitdeleted text endnew text begin and the court or the jurynew text end finds that there is no suitable alternative to judicial
commitment, the court shall commit the patient to the least restrictive treatment program
or alternative programs which can meet the patient's treatment needs consistent with section
253B.03, subdivision 7.

(b) In deciding on the least restrictive program, the courtnew text begin or the jurynew text end shall consider a
range of treatment alternatives including but not limited to community-based nonresidential
treatment, community residential treatment, partial hospitalization, acute care hospital,
assertive community treatment teams, and state-operated treatment programs. The courtnew text begin or
the jury
new text end shall also consider the proposed patient's treatment preferences and willingness to
participate voluntarily in the treatment ordered. The court may not commit a patient to a
facility or program that is not capable of meeting the patient's needs.

(c) If, after careful consideration of reasonable alternative dispositions, the courtnew text begin or the
jury
new text end finds no suitable alternative to judicial commitment and the courtnew text begin or the jurynew text end finds that
the least restrictive alternative as determined in paragraph (a) is a treatment facility or
community-based treatment program that is less restrictive or more community based than
a state-operated treatment program, and there is a treatment facility or a community-based
treatment program willing to accept the civilly committed patient, the court may commit
the patient to both the treatment facility or community-based treatment program and to the
commissioner, in the event that treatment in a state-operated treatment program becomes
the least restrictive alternative. If there is a change in the patient's level of care, then:

(1) if the patient needs a higher level of care requiring admission to a state-operated
treatment program, custody of the patient and authority and responsibility for the commitment
may be transferred to the commissioner for as long as the patient needs a higher level of
care; and

(2) when the patient no longer needs treatment in a state-operated treatment program,
the program may provisionally discharge the patient to an appropriate placement or release
the patient to the treatment facility or community-based treatment program if the program
continues to be willing and able to readmit the patient, in which case the commitment, its
authority, and responsibilities revert to the non-state-operated treatment program. Both
agencies accepting commitment shall coordinate admission and discharge planning to
facilitate timely access to the other's services to meet the patient's needs and shall coordinate
treatment planning consistent with section 253B.03, subdivision 7.

(d) If a person is committed to a state-operated treatment program as a person who poses
a risk of harm due to mental illness or as a person who has a developmental disability or
chemical dependency, the court shall order the commitment to the commissioner. The
commissioner shall designate the placement of the person to the court.

(e) If the courtnew text begin or the jurynew text end finds a proposed patient to be a person who poses a risk of
harm due to mental illness under section 253B.02, subdivision 17a, paragraph (a), clause
(4), the court shall commit the patient to a treatment facility or community-based treatment
program that meets the proposed patient's needs.

Sec. 3.

Minnesota Statutes 2020, section 253B.09, subdivision 2, is amended to read:


Subd. 2.

Findings.

(a) The court new text beginor the jury new text endshall find the facts specifically, and new text beginthe court
shall
new text endseparately state deleted text beginitsdeleted text endnew text begin the court'snew text end conclusions of law. new text beginWhen the jury finds the facts, the
court shall base the court's conclusions of law on the jury's factual findings.
new text endWhere
commitment is ordered, the findings of fact and conclusions of law shall specifically state
the proposed patient's conduct which is a basis for determining that each of the requisites
for commitment is met.

(b) If commitment is ordered, the findings shall also identify less restrictive alternatives
considered and rejected by the court new text beginor the jury new text endand the reasons for rejecting each alternative.

(c) If the proceedings are dismissed, the court may direct that the person be transported
back to a suitable location including to the person's home.