SF 57

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to civil commitment; clarifying and 
  1.3             reorganizing portions of the commitment act; requiring 
  1.4             medical documentation of a patient's refusal to be 
  1.5             examined and allowing determination of need for 
  1.6             treatment based on other information; limiting more 
  1.7             than one medical hold within seven days; prohibiting 
  1.8             prepetition screeners from filing commitment 
  1.9             petitions; limiting use of prepetition screening 
  1.10            reports in unrelated proceedings; requiring 
  1.11            distribution to specified parties; removing time 
  1.12            limits on continuances; modifying provisions for 
  1.13            proposed patients who are nonresidents; increasing 
  1.14            time for return after provisional discharge; modifying 
  1.15            provisions governing special review boards; increasing 
  1.16            time for hearing appeals; amending Minnesota Statutes 
  1.17            1996, sections 253B.01; 253B.02, subdivisions 2, 4, 
  1.18            4a, 7, 9, 13, 14, 15, 18, and by adding a subdivision; 
  1.19            253B.03, subdivisions 1, 2, 3, 4, 5, 6, 6b, 7, 8, and 
  1.20            by adding a subdivision; 253B.04; 253B.05, 
  1.21            subdivisions 1, 2, 3, 4, and by adding a subdivision; 
  1.22            253B.06; 253B.07, subdivisions 1, 2, 2a, 3, 4, 5, 7, 
  1.23            and by adding subdivisions; 253B.08, subdivisions 1, 
  1.24            2, 3, 5, and by adding subdivisions; 253B.09, 
  1.25            subdivisions 1, 2, 3, 5, and by adding a subdivision; 
  1.26            253B.093, subdivisions 1, 2, and 3; 253B.095; 253B.10; 
  1.27            253B.11, subdivision 2; 253B.12, subdivisions 1, 3, 4, 
  1.28            and by adding a subdivision; 253B.13, subdivisions 1 
  1.29            and 2; 253B.14; 253B.15, subdivisions 10 and 11; 
  1.30            253B.16, subdivision 1; 253B.17, subdivisions 1 and 3; 
  1.31            253B.18, subdivisions 1, 2, 3, 4a, 4b, 5, 6, 7, 12, 
  1.32            14, 15, and by adding a subdivision; 253B.185, 
  1.33            subdivision 4; 253B.19, subdivisions 1 and 2; 253B.20, 
  1.34            subdivisions 1, 3, 4, 6, and 7; 253B.21, subdivisions 
  1.35            1, 2, 3, 4, and by adding a subdivision; 253B.22, 
  1.36            subdivision 1; and 253B.23, subdivisions 1, 6, 7, and 
  1.37            9; proposing coding for new law in Minnesota Statutes, 
  1.38            chapter 253B; repealing Minnesota Statutes 1996, 
  1.39            sections 253B.03, subdivisions 6c and 9; 253B.05, 
  1.40            subdivisions 2a and 5; 253B.07, subdivision 6; 
  1.41            253B.08, subdivisions 4 and 6; 253B.091; 253B.12, 
  1.42            subdivisions 5 and 8; 253B.13, subdivision 3; 253B.18, 
  1.43            subdivision 4; 253B.21, subdivision 5; and 253B.23, 
  1.44            subdivision 1a. 
  1.45  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.1      Section 1.  Minnesota Statutes 1996, section 253B.01, is 
  2.2   amended to read: 
  2.3      253B.01 [CITATION.] 
  2.4      This chapter may be cited as the "Minnesota commitment and 
  2.5   treatment act of 1982."  
  2.6      Sec. 2.  Minnesota Statutes 1996, section 253B.02, 
  2.7   subdivision 2, is amended to read: 
  2.8      Subd. 2.  [CHEMICALLY DEPENDENT PERSON.] "Chemically 
  2.9   dependent person" means any person (a) determined as being 
  2.10  incapable of self-management or management of personal affairs 
  2.11  by reason of the habitual and excessive use of alcohol or, 
  2.12  drugs, or other mood-altering substances; and (b) whose recent 
  2.13  conduct as a result of habitual and excessive use of alcohol or, 
  2.14  drugs, or other mood-altering substances poses a substantial 
  2.15  likelihood of physical harm to self or others as demonstrated by 
  2.16  (i) a recent attempt or threat to physically harm self or 
  2.17  others, (ii) evidence of recent serious physical problems, or 
  2.18  (iii) a failure to obtain necessary food, clothing, shelter, or 
  2.19  medical care.  "Chemically dependent person" also means a 
  2.20  pregnant woman who has engaged during the pregnancy in habitual 
  2.21  or excessive use, for a nonmedical purpose, of any of the 
  2.22  following controlled substances or their derivatives:  cocaine, 
  2.23  heroin, phencyclidine, methamphetamine, or amphetamine. 
  2.24     Sec. 3.  Minnesota Statutes 1996, section 253B.02, 
  2.25  subdivision 4, is amended to read: 
  2.26     Subd. 4.  [COMMITTING COURT.] "Committing court" means 
  2.27  court or, the district court where a petition for commitment was 
  2.28  decided.  In a case where commitment proceedings are 
  2.29  commenced in response to following an acquittal of a crime or 
  2.30  offense under section 611.026, "committing court" means 
  2.31  the district court in which the acquittal took place.  
  2.32     Sec. 4.  Minnesota Statutes 1996, section 253B.02, 
  2.33  subdivision 4a, is amended to read: 
  2.34     Subd. 4a.  [CRIME AGAINST THE PERSON.] "Crime against the 
  2.35  person" means a violation of or attempt to violate any of the 
  2.36  following provisions:  sections 609.185 (murder in the first 
  3.1   degree); 609.19 (murder in the second degree); 609.195 (murder 
  3.2   in the third degree); 609.20 (manslaughter in the first degree); 
  3.3   609.205 (manslaughter in the second degree); 609.21 (criminal 
  3.4   vehicular homicide and injury); 609.215 (suicide); 
  3.5   609.221 (assault in the first degree); 609.222 (assault in the 
  3.6   second degree); 609.223 (assault in the third degree); 
  3.7   609.224 (assault in the fifth degree); 609.2242 (domestic 
  3.8   assault); 609.23 (mistreatment of persons confined); 
  3.9   609.231 (mistreatment of residents or patients); 
  3.10  609.2325 (criminal abuse); 609.233 (criminal neglect); 
  3.11  609.2335 (financial exploitation of a vulnerable adult); 
  3.12  609.235 (use of drugs to injure or facilitate crime); 
  3.13  609.24 (simple robbery); 609.245 (aggravated robbery); 
  3.14  609.25 (kidnapping); 609.255 (false imprisonment); 
  3.15  609.265 (abduction); 609.27, subdivision 1, clause (1) or 
  3.16  (2) (coercion); 609.28 (interfering with religious observance) 
  3.17  if violence or threats of violence were used; 609.322, 
  3.18  subdivision 1, clause (2) (solicitation); 609.342 (criminal 
  3.19  sexual conduct in the first degree); 609.343 (criminal sexual 
  3.20  conduct in the second degree); 609.344 (criminal sexual conduct 
  3.21  in the third degree); 609.345 (criminal sexual conduct in the 
  3.22  fourth degree); 609.365 (incest); 609.498, subdivision 
  3.23  1 (tampering with a witness); 609.50, clause (1) (obstructing 
  3.24  legal process, arrest, and firefighting); 609.561 (arson in the 
  3.25  first degree); 609.562 (arson in the second degree); 609.595 
  3.26  (damage to property); and 609.72, subdivision 3 (disorderly 
  3.27  conduct). 
  3.28     Sec. 5.  Minnesota Statutes 1996, section 253B.02, 
  3.29  subdivision 7, is amended to read: 
  3.30     Subd. 7.  [EXAMINER.] "Examiner" means a person who is 
  3.31  knowledgeable, trained, and practicing in the diagnosis and 
  3.32  treatment of the alleged impairment and who is:  
  3.33     (1) a licensed physician; or 
  3.34     (2) a licensed psychologist who has a doctoral degree in 
  3.35  psychology or who became licensed as a licensed consulting 
  3.36  psychologist before July 2, 1975.  
  4.1      Sec. 6.  Minnesota Statutes 1996, section 253B.02, 
  4.2   subdivision 9, is amended to read: 
  4.3      Subd. 9.  [HEALTH OFFICER.] "Health officer" means a 
  4.4   licensed physician, licensed psychologist, psychiatric licensed 
  4.5   social worker, or psychiatric or public health nurse as defined 
  4.6   in section 145A.02, subdivision 18, and formally designated 
  4.7   members of a prepetition screening unit established by section 
  4.8   253B.07. 
  4.9      Sec. 7.  Minnesota Statutes 1996, section 253B.02, 
  4.10  subdivision 13, is amended to read: 
  4.11     Subd. 13.  [MENTALLY ILL PERSON.] (a) "Mentally ill person" 
  4.12  means any person who has an organic disorder of the brain or a 
  4.13  substantial psychiatric disorder of thought, mood, perception, 
  4.14  orientation, or memory which grossly impairs judgment, behavior, 
  4.15  capacity to recognize reality, or to reason or understand, which 
  4.16  (a) is manifested by instances of grossly disturbed behavior or 
  4.17  faulty perceptions; and (b) poses a substantial likelihood of 
  4.18  physical harm to self or others as demonstrated by: 
  4.19     (i) (1) a failure to obtain necessary food, clothing, 
  4.20  shelter, or medical care as a result of the impairment,; or 
  4.21     (ii) (2) a recent attempt or threat to physically harm self 
  4.22  or others. 
  4.23     This impairment excludes (b) A person is not mentally ill 
  4.24  under this section if the impairment is solely due to: 
  4.25     (a) (1) epilepsy,; 
  4.26     (b) (2) mental retardation,; 
  4.27     (c) (3) brief periods of intoxication caused by alcohol or, 
  4.28  drugs, or other mood-altering substances; or 
  4.29     (d) (4) dependence upon or addiction to any alcohol or, 
  4.30  drugs, or other mood-altering substances. 
  4.31     Sec. 8.  Minnesota Statutes 1996, section 253B.02, 
  4.32  subdivision 14, is amended to read: 
  4.33     Subd. 14.  [MENTALLY RETARDED PERSON.] "Mentally retarded 
  4.34  person" means any person (a) who:  (a) has been diagnosed as 
  4.35  having significantly subaverage intellectual functioning 
  4.36  existing concurrently with demonstrated deficits in adaptive 
  5.1   behavior and who manifests these conditions prior to the 
  5.2   person's 22nd birthday; and (b) whose recent conduct is a result 
  5.3   of mental retardation and poses a substantial likelihood of 
  5.4   physical harm to self or others in that there has been (i) a 
  5.5   recent attempt or threat to physically harm self or others, or 
  5.6   (ii) a failure and inability to obtain necessary food, clothing, 
  5.7   shelter, safety, or medical care. 
  5.8      Sec. 9.  Minnesota Statutes 1996, section 253B.02, 
  5.9   subdivision 15, is amended to read: 
  5.10     Subd. 15.  [PATIENT.] "Patient" means any person who is 
  5.11  institutionalized receiving treatment or committed under this 
  5.12  chapter.  
  5.13     Sec. 10.  Minnesota Statutes 1996, section 253B.02, 
  5.14  subdivision 18, is amended to read: 
  5.15     Subd. 18.  [REGIONAL TREATMENT CENTER.] "Regional treatment 
  5.16  center" means any state operated facility for mentally ill, 
  5.17  mentally retarded or chemically dependent persons which is under 
  5.18  the direct administrative authority of the commissioner.  
  5.19     Sec. 11.  Minnesota Statutes 1996, section 253B.02, is 
  5.20  amended by adding a subdivision to read: 
  5.21     Subd. 18c.  [SECURE TREATMENT FACILITY.] "Secure treatment 
  5.22  facility" means the Minnesota security hospital or the Moose 
  5.23  Lake psychopathic personality treatment center. 
  5.24     Sec. 12.  Minnesota Statutes 1996, section 253B.03, 
  5.25  subdivision 1, is amended to read: 
  5.26     Subdivision 1.  [RESTRAINTS.] (a) A patient has the right 
  5.27  to be free from restraints.  Restraints shall not be applied to 
  5.28  a patient unless the head of the treatment facility or a member 
  5.29  of the medical staff determines that they are necessary for the 
  5.30  safety of the patient or others. 
  5.31     (b) Restraints shall not be applied to patients with mental 
  5.32  retardation except as permitted under section 245.825 and rules 
  5.33  of the commissioner of human services.  Consent must be obtained 
  5.34  from the person or person's guardian except for emergency 
  5.35  procedures as permitted under rules of the commissioner adopted 
  5.36  under section 245.825. 
  6.1      (c) Each use of a restraint and reason for it shall be made 
  6.2   part of the clinical record of the patient under the signature 
  6.3   of the head of the treatment facility.  
  6.4      Sec. 13.  Minnesota Statutes 1996, section 253B.03, 
  6.5   subdivision 2, is amended to read: 
  6.6      Subd. 2.  [CORRESPONDENCE.] A patient has the right to 
  6.7   correspond freely without censorship.  The head of the treatment 
  6.8   facility may restrict correspondence on determining that the if 
  6.9   the patient's medical welfare of the patient requires it this 
  6.10  restriction.  For patients in regional facilities treatment 
  6.11  centers, that determination may be reviewed by the 
  6.12  commissioner.  Any limitation imposed on the exercise of a 
  6.13  patient's correspondence rights and the reason for it shall be 
  6.14  made a part of the clinical record of the patient.  Any 
  6.15  communication which is not delivered to a patient shall be 
  6.16  immediately returned to the sender.  
  6.17     Sec. 14.  Minnesota Statutes 1996, section 253B.03, 
  6.18  subdivision 3, is amended to read: 
  6.19     Subd. 3.  [VISITORS AND PHONE CALLS.] Subject to the 
  6.20  general rules of the treatment facility, a patient has the right 
  6.21  to receive visitors and make phone calls.  The head of the 
  6.22  treatment facility may restrict visits and phone calls on 
  6.23  determining that the medical welfare of the patient requires 
  6.24  it.  Any limitation imposed on the exercise of the patient's 
  6.25  visitation and phone call rights and the reason for it shall be 
  6.26  made a part of the clinical record of the patient.  Upon 
  6.27  admission to a facility where federal law prohibits unauthorized 
  6.28  disclosure of patient or resident identifying information to 
  6.29  callers and visitors, the patient or resident, or the legal 
  6.30  guardian or conservator of the patient or resident, shall be 
  6.31  given the opportunity to authorize disclosure of the patient's 
  6.32  or resident's presence in the facility to callers and visitors 
  6.33  who may seek to communicate with the patient or resident.  To 
  6.34  the extent possible, the legal guardian or conservator of a 
  6.35  patient or resident shall consider the opinions of the patient 
  6.36  or resident regarding the disclosure of the patient's or 
  7.1   resident's presence in the facility. 
  7.2      Sec. 15.  Minnesota Statutes 1996, section 253B.03, 
  7.3   subdivision 4, is amended to read: 
  7.4      Subd. 4.  [SPECIAL VISITATION; RELIGION.] A patient has the 
  7.5   right to meet with or call a personal physician, spiritual 
  7.6   advisor, and counsel at all reasonable times.  Upon admission to 
  7.7   a facility where federal law prohibits unauthorized disclosure 
  7.8   of patient or resident identifying information to callers and 
  7.9   visitors, the patient or resident, or the legal guardian or 
  7.10  conservator of the patient or resident, shall be given the 
  7.11  opportunity to authorize disclosure of the patient's or 
  7.12  resident's presence in the facility to callers and visitors who 
  7.13  may seek to communicate with the patient or resident.  To the 
  7.14  extent possible, the legal guardian or conservator of a patient 
  7.15  or resident shall consider the opinions of the patient or 
  7.16  resident regarding the disclosure of the patient's or resident's 
  7.17  presence in the facility.  The patient has the right to continue 
  7.18  the practice of religion. 
  7.19     Sec. 16.  Minnesota Statutes 1996, section 253B.03, is 
  7.20  amended by adding a subdivision to read: 
  7.21     Subd. 4a.  [DISCLOSURE OF PATIENT'S ADMISSION.] Upon 
  7.22  admission to a facility where federal law prohibits unauthorized 
  7.23  disclosure of patient or resident identifying information to 
  7.24  callers and visitors, the patient or resident, or the legal 
  7.25  guardian or conservator of the patient or resident, shall be 
  7.26  given the opportunity to authorize disclosure of the patient's 
  7.27  or resident's presence in the facility to callers and visitors 
  7.28  who may seek to communicate with the patient or resident.  To 
  7.29  the extent possible, the legal guardian or conservator of a 
  7.30  patient or resident shall consider the opinions of the patient 
  7.31  or resident regarding the disclosure of the patient's or 
  7.32  resident's presence in the facility. 
  7.33     Sec. 17.  Minnesota Statutes 1996, section 253B.03, 
  7.34  subdivision 5, is amended to read: 
  7.35     Subd. 5.  [PERIODIC ASSESSMENT.] A patient has the right to 
  7.36  periodic medical assessment.  The head of a treatment facility 
  8.1   shall have assess the physical and mental condition of every 
  8.2   patient assessed as frequently as necessary, but not less often 
  8.3   than annually.  If the patient refuses to be examined, the 
  8.4   facility shall document its attempts to examine the patient in 
  8.5   the patient's chart.  If a person is committed as mentally 
  8.6   retarded for an indeterminate period of time, the three-year 
  8.7   judicial review must include the annual reviews for each year as 
  8.8   outlined in Minnesota Rules, part 9525.0075, subpart 6.  
  8.9      Sec. 18.  Minnesota Statutes 1996, section 253B.03, 
  8.10  subdivision 6, is amended to read: 
  8.11     Subd. 6.  [CONSENT FOR MEDICAL PROCEDURE.] A patient has 
  8.12  the right to prior consent to any medical or surgical treatment, 
  8.13  other than treatment for chemical dependency or nonintrusive 
  8.14  treatment for mental illness.  
  8.15     The following procedures shall be used to obtain consent 
  8.16  for any treatment necessary to preserve the life or health of 
  8.17  any committed patient:  
  8.18     (a) The written, informed consent of a competent adult 
  8.19  patient for the treatment is sufficient.  
  8.20     (b) If the patient is subject to guardianship or 
  8.21  conservatorship which includes the provision of medical care, 
  8.22  the written, informed consent of the guardian or conservator for 
  8.23  the treatment is sufficient.  
  8.24     (c) If the head of the treatment facility determines that 
  8.25  the patient is not competent to consent to the treatment and the 
  8.26  patient has not been adjudicated incompetent, written, informed 
  8.27  consent for the surgery or medical treatment shall be obtained 
  8.28  from the nearest proper relative.  For this purpose, the 
  8.29  following persons are proper relatives, in the order listed:  
  8.30  the patient's spouse, parent, adult child, or adult sibling.  If 
  8.31  the nearest proper relatives cannot be located or, refuse to 
  8.32  consent to the procedure, or are unable to consent, the head of 
  8.33  the treatment facility or an interested person may petition the 
  8.34  committing court for approval for the treatment or may petition 
  8.35  a court of competent jurisdiction for the appointment of a 
  8.36  guardian or conservator.  The determination that the patient is 
  9.1   not competent, and the reasons for the determination, shall be 
  9.2   documented in the patient's clinical record.  
  9.3      (d) Consent to treatment of any minor patient shall be 
  9.4   secured in accordance with sections 144.341 to 144.346, except 
  9.5   that.  A minor 16 years of age or older may give valid consent 
  9.6   for to hospitalization, routine diagnostic evaluation, and 
  9.7   emergency or short-term acute care.  
  9.8      (e) In the case of an emergency when the persons ordinarily 
  9.9   qualified to give consent cannot be located, the head of the 
  9.10  treatment facility may give consent.  
  9.11     No person who consents to treatment pursuant to the 
  9.12  provisions of this subdivision shall be civilly or criminally 
  9.13  liable for the performance or the manner of performing the 
  9.14  treatment.  No person shall be liable for performing treatment 
  9.15  without consent if written, informed consent was given pursuant 
  9.16  to this subdivision.  This provision shall not affect any other 
  9.17  liability which may result from the manner in which the 
  9.18  treatment is performed.  
  9.19     Sec. 19.  Minnesota Statutes 1996, section 253B.03, 
  9.20  subdivision 6b, is amended to read: 
  9.21     Subd. 6b.  [CONSENT FOR MENTAL HEALTH TREATMENT.] A 
  9.22  competent person admitted without commitment voluntarily to a 
  9.23  treatment facility may be subjected to intrusive mental health 
  9.24  treatment only with the person's written informed consent.  For 
  9.25  purposes of this section, "intrusive mental health treatment" 
  9.26  means electroshock therapy and neuroleptic medication and does 
  9.27  not include treatment for mental retardation.  An incompetent 
  9.28  person who has prepared a directive under subdivision 6d 
  9.29  regarding treatment with intrusive therapies must be treated in 
  9.30  accordance with this section, except in cases of emergencies. 
  9.31     Sec. 20.  Minnesota Statutes 1996, section 253B.03, 
  9.32  subdivision 7, is amended to read: 
  9.33     Subd. 7.  [PROGRAM PLAN.] A person receiving services under 
  9.34  this chapter has the right to receive proper care and treatment, 
  9.35  best adapted, according to contemporary professional standards, 
  9.36  to rendering further custody, institutionalization residential 
 10.1   treatment, or other services unnecessary.  The treatment 
 10.2   facility shall devise a written program plan for each person 
 10.3   which describes in behavioral terms the case problems, the 
 10.4   precise goals, including the expected period of time for 
 10.5   treatment, and the specific measures to be employed.  Each plan 
 10.6   shall be reviewed at least quarterly to determine progress 
 10.7   toward the goals, and to modify the program plan as necessary.  
 10.8   The program plan shall be devised and reviewed with the 
 10.9   designated agency and with the patient.  The clinical record 
 10.10  shall reflect the program plan review.  If the designated agency 
 10.11  or the patient does not participate in the planning and review, 
 10.12  the clinical record shall include reasons for nonparticipation 
 10.13  and the plans for future involvement.  The commissioner shall 
 10.14  monitor the program plan and review process for regional centers 
 10.15  to insure compliance with the provisions of this subdivision.  
 10.16     Sec. 21.  Minnesota Statutes 1996, section 253B.03, 
 10.17  subdivision 8, is amended to read: 
 10.18     Subd. 8.  [MEDICAL RECORDS.] A patient has the right to 
 10.19  access to personal medical records.  Notwithstanding the 
 10.20  provisions of section 144.335, subdivision 2, every person 
 10.21  subject to a proceeding or receiving services pursuant to this 
 10.22  chapter and the patient's attorney shall have complete access to 
 10.23  all medical records relevant to the person's commitment.  
 10.24     Sec. 22.  Minnesota Statutes 1996, section 253B.04, is 
 10.25  amended to read: 
 10.26     253B.04 [INFORMAL VOLUNTARY ADMISSION PROCEDURES.] 
 10.27     Subdivision 1.  [ADMISSION.] Informal Voluntary admission 
 10.28  by consent is preferred over involuntary commitment.  Any person 
 10.29  16 years of age or older may request to be admitted to a 
 10.30  treatment facility as an informal a voluntary patient for 
 10.31  observation, evaluation, diagnosis, care and treatment without 
 10.32  making formal written application.  Any person under the age of 
 10.33  16 years may be admitted as an informal a voluntary patient with 
 10.34  the consent of a parent or legal guardian if it is determined by 
 10.35  independent examination that there is reasonable evidence that 
 10.36  (a) the proposed patient is mentally ill, mentally retarded, or 
 11.1   chemically dependent; and (b) the proposed patient is suitable 
 11.2   for treatment.  The head of the treatment facility shall not 
 11.3   arbitrarily refuse any person seeking admission as an informal a 
 11.4   voluntary patient.  
 11.5      Subd. 2.  [RELEASE.] Every patient admitted for mental 
 11.6   illness or mental retardation under this section shall be 
 11.7   informed in writing at the time of admission that the patient 
 11.8   has a right to leave the facility within 12 hours of making a 
 11.9   request, unless held under another provision of this chapter.  
 11.10  Every patient admitted for chemical dependency under this 
 11.11  section shall be informed in writing at the time of admission 
 11.12  that the patient has a right to leave the facility within 72 
 11.13  hours, exclusive of Saturdays, Sundays and holidays, of making a 
 11.14  request, unless held under another provision of this chapter.  
 11.15  The request shall be submitted in writing to the head of the 
 11.16  treatment facility or the person's designee.  On deeming it to 
 11.17  be in the best interest of the person, the person's family, or 
 11.18  the public, the head of the treatment facility shall petition 
 11.19  for the commitment of the person pursuant to section 253B.07. 
 11.20     Sec. 23.  Minnesota Statutes 1996, section 253B.05, 
 11.21  subdivision 1, is amended to read: 
 11.22     Subdivision 1.  [EMERGENCY HOLD.] (a) Any person may be 
 11.23  admitted or held for emergency care and treatment in a treatment 
 11.24  facility with the consent of the head of the treatment facility 
 11.25  upon a written statement by an examiner that:  (1) the examiner 
 11.26  has examined the person not more than 15 days prior to 
 11.27  admission, (2) the examiner is of the opinion, for stated 
 11.28  reasons, that the person is mentally ill, mentally retarded or 
 11.29  chemically dependent, and is in imminent danger of causing 
 11.30  injury to self or others if not immediately restrained, and (3)  
 11.31  an order of the court cannot be obtained in time to prevent the 
 11.32  anticipated injury.  
 11.33     (b) The examiner's statement shall be:  (1) sufficient 
 11.34  authority for a peace or health officer to transport a patient 
 11.35  to a treatment facility, (2) stated in behavioral terms and not 
 11.36  in conclusory language, and (3) of sufficient specificity to 
 12.1   provide an adequate record for review.  If imminent danger to 
 12.2   specific individuals is a basis for the emergency hold, the 
 12.3   statement must include identifying information on identify those 
 12.4   individuals, to the extent practicable.  A copy of 
 12.5   the examiner's statement shall be personally served on the 
 12.6   person immediately upon admission.  A copy of the statement and 
 12.7   a copy shall be maintained by the treatment facility.  
 12.8      Sec. 24.  Minnesota Statutes 1996, section 253B.05, 
 12.9   subdivision 2, is amended to read: 
 12.10     Subd. 2.  [PEACE OR HEALTH OFFICER HOLD AUTHORITY.] (a) A 
 12.11  peace or health officer may take a person into custody and 
 12.12  transport the person to a licensed physician or treatment 
 12.13  facility if the officer has reason to believe, either through 
 12.14  direct observation of the person's behavior, or upon reliable 
 12.15  information of the person's recent behavior and knowledge of the 
 12.16  person's past behavior or psychiatric treatment, that the person 
 12.17  is mentally ill or mentally retarded and in imminent danger of 
 12.18  injuring self or others if not immediately restrained.  A peace 
 12.19  or health officer or a person working under such officer's 
 12.20  supervision, may take a person who is believed to be chemically 
 12.21  dependent or is intoxicated in public into custody and transport 
 12.22  the person to a treatment facility.  If the person is 
 12.23  intoxicated in public or is believed to be chemically dependent 
 12.24  and is not in danger of causing self-harm or harm to any person 
 12.25  or property, the peace or health officer may transport the 
 12.26  person home.  The peace or health officer shall make written 
 12.27  application for admission of the person to a the treatment 
 12.28  facility shall be made by the peace or health officer.  The 
 12.29  application shall contain a the peace or health officer's 
 12.30  statement given by the peace or health officer specifying the 
 12.31  reasons for and circumstances under which the person was taken 
 12.32  into custody.  If imminent danger to specific individuals is a 
 12.33  basis for the emergency hold, the statement must include 
 12.34  identifying information on those individuals, to the extent 
 12.35  practicable.  A copy of the statement shall be made available to 
 12.36  the person taken into custody.  
 13.1      (b) As far as is practicable, a peace officer who provides 
 13.2   transportation for a person placed in a facility under this 
 13.3   subdivision may not be in uniform and may not use a vehicle 
 13.4   visibly marked as a law enforcement vehicle.  
 13.5      (c) A person may be admitted to a treatment facility for 
 13.6   emergency care and treatment under this subdivision with the 
 13.7   consent of the head of the facility under the following 
 13.8   circumstances:  (1) a written statement is made by the medical 
 13.9   officer on duty at the facility that after preliminary 
 13.10  examination the person has symptoms of mental illness or mental 
 13.11  retardation and appears to be in imminent danger of harming self 
 13.12  or others; or, (2) a written statement is made by the 
 13.13  institution program director or the director's designee on duty 
 13.14  at the facility that after preliminary examination that the 
 13.15  person has symptoms of chemical dependency and appears to be in 
 13.16  imminent danger of harming self or others or is intoxicated in 
 13.17  public. 
 13.18     Sec. 25.  Minnesota Statutes 1996, section 253B.05, is 
 13.19  amended by adding a subdivision to read: 
 13.20     Subd. 2b.  [NOTICE.] Every person held pursuant to this 
 13.21  section must be informed in writing at the time of admission of 
 13.22  the right to leave after 72 hours, to a medical examination 
 13.23  within 48 hours, and to change to voluntary status.  The 
 13.24  treatment facility shall, upon request, assist the person in 
 13.25  exercising the rights granted in this subdivision.  
 13.26     Sec. 26.  Minnesota Statutes 1996, section 253B.05, 
 13.27  subdivision 3, is amended to read: 
 13.28     Subd. 3.  [DURATION OF HOLD.] (a) Any person held pursuant 
 13.29  to this section may be held under a physician's order up to 72 
 13.30  hours, exclusive of Saturdays, Sundays, and legal holidays, 
 13.31  after admission unless.  A facility may not impose more than one 
 13.32  emergency hold under this section within a seven-day period 
 13.33  unless exigent circumstances occur which did not exist during 
 13.34  the prior hold.  If a petition for the commitment of the 
 13.35  person has been is filed in the district court of in the 
 13.36  county of the person's residence or of the county in which the 
 14.1   treatment facility is located and, the court issues an may issue 
 14.2   a judicial hold order pursuant to section 253B.07, subdivision 6.
 14.3   If the head of the treatment facility believes that commitment 
 14.4   is required and no petition has been filed, the head of the 
 14.5   treatment facility shall file a petition for the commitment of 
 14.6   the person.  The hospitalized person may move to have the venue 
 14.7   of the petition changed to the court of the county of the 
 14.8   person's residence, if the person is a resident of Minnesota. 
 14.9      (b) During the 72-hour hold period, a court may not release 
 14.10  a person held under this section unless the court has received a 
 14.11  written petition for release and held a summary hearing 
 14.12  regarding the release.  The petition must include the name of 
 14.13  the person being held, the basis for and location of the hold, 
 14.14  and a statement as to why the hold is improper.  The petition 
 14.15  also must include copies of any written documentation under 
 14.16  subdivision 1 or 2 in support of the hold, unless the person 
 14.17  holding the petitioner refuses to supply the documentation.  The 
 14.18  hearing must be held as soon as practicable and may be conducted 
 14.19  by means of a telephone conference call or similar method by 
 14.20  which the participants are able to simultaneously hear each 
 14.21  other.  If the court decides to release the person, the court 
 14.22  shall direct the release and shall issue written findings 
 14.23  supporting the decision, but may not delay.  The release may not 
 14.24  be delayed pending the written order.  Before deciding to 
 14.25  release releasing the person, the court shall make every 
 14.26  reasonable effort to provide notice of the proposed release to:  
 14.27  (1) any specific individuals identified in a statement under 
 14.28  subdivision 1 or 2 or individuals identified in the record as 
 14.29  individuals who might be endangered if the person was not 
 14.30  held; and (2) the examiner whose written statement was a basis 
 14.31  for a hold under subdivision 1 or; and (3) the peace or health 
 14.32  officer who applied for a hold under subdivision 2. 
 14.33     (c) If a treatment facility releases a person during the 
 14.34  72-hour hold period, the head of the treatment facility shall 
 14.35  immediately notify the agency which employs the peace or health 
 14.36  officer who transported the person to the treatment facility 
 15.1   under this section. 
 15.2      Sec. 27.  Minnesota Statutes 1996, section 253B.05, 
 15.3   subdivision 4, is amended to read: 
 15.4      Subd. 4.  [CHANGE OF STATUS.] Any person admitted pursuant 
 15.5   to this section shall be changed to the informal voluntary 
 15.6   status provided by section 253B.04 upon the person's request in 
 15.7   writing and with the consent of the head of the treatment 
 15.8   facility.  
 15.9      Sec. 28.  Minnesota Statutes 1996, section 253B.06, is 
 15.10  amended to read: 
 15.11     253B.06 [MEDICAL EXAMINATION INITIAL ASSESSMENT.] 
 15.12     Subdivision 1.  [MENTALLY ILL AND MENTALLY RETARDED 
 15.13  PERSONS.] The head of a treatment facility shall arrange to have 
 15.14  Every patient hospitalized as mentally ill or mentally retarded 
 15.15  pursuant to section 253B.04 or 253B.05 must be examined by a 
 15.16  physician as soon as possible but no more than 48 hours 
 15.17  following the time of admission.  The physician shall be 
 15.18  knowledgeable and trained in the diagnosis of the alleged 
 15.19  disability related to the need for admission as a mentally ill 
 15.20  or mentally retarded person.  
 15.21     Subd. 2.  [CHEMICALLY DEPENDENT PERSONS.] Patients 
 15.22  hospitalized as chemically dependent pursuant to section 253B.04 
 15.23  or 253B.05 shall also be examined within 48 hours of admission.  
 15.24  At a minimum, the examination shall consist of a physical 
 15.25  evaluation by facility staff according to procedures established 
 15.26  by a physician and an evaluation by staff knowledgeable and 
 15.27  trained in the diagnosis of the alleged disability related to 
 15.28  the need for admission as a chemically dependent person.  
 15.29     Subd. 2a.  [PATIENT REFUSAL.] If a patient refuses to be 
 15.30  examined, the physician may determine the patient's need for 
 15.31  treatment based on other available information. 
 15.32     Subd. 3.  [DISCHARGE.] At the end of a 48-hour period, any 
 15.33  patient admitted pursuant to section 253B.05 shall be discharged 
 15.34  if an examination has not been held or if the examiner or 
 15.35  evaluation staff person fails to notify the head of the 
 15.36  treatment facility in writing that in the examiner's or staff 
 16.1   person's opinion the patient is apparently in need of care, 
 16.2   treatment, and evaluation as a mentally ill, mentally retarded, 
 16.3   or chemically dependent person. 
 16.4      Sec. 29.  Minnesota Statutes 1996, section 253B.07, 
 16.5   subdivision 1, is amended to read: 
 16.6      Subdivision 1.  [PREPETITION SCREENING.] (a) Prior to 
 16.7   filing a petition for commitment of a proposed patient, an 
 16.8   interested person shall apply to the designated agency in the 
 16.9   county of the proposed patient's residence or presence or in the 
 16.10  county of financial responsibility for conduct of a preliminary 
 16.11  investigation, except when the proposed patient has been 
 16.12  acquitted of a crime under section 611.026 and the county 
 16.13  attorney is required to file a petition for commitment pursuant 
 16.14  to subdivision 2.  In any case coming within this exception, the 
 16.15  county attorney shall apply to the designated county agency in 
 16.16  the county in which the acquittal took place for a preliminary 
 16.17  investigation unless substantially the same information relevant 
 16.18  to the proposed patient's current mental condition as could be 
 16.19  obtained by a preliminary investigation is part of the court 
 16.20  record in the criminal proceeding or is contained in the report 
 16.21  of a mental examination conducted in connection with the 
 16.22  criminal proceeding.  The designated agency shall appoint a 
 16.23  screening team to conduct an investigation which shall include:  
 16.24     (i) a personal interview with the proposed patient and 
 16.25  other individuals who appear to have knowledge of the condition 
 16.26  of the proposed patient.  If the proposed patient is not 
 16.27  interviewed, reasons must be documented; 
 16.28     (ii) identification and investigation of specific alleged 
 16.29  conduct which is the basis for application; and 
 16.30     (iii) identification, exploration, and listing of the 
 16.31  reasons for rejecting or recommending alternatives to 
 16.32  involuntary placement.  
 16.33     (b) In conducting the investigation required by this 
 16.34  subdivision, the screening team shall have access to all 
 16.35  relevant medical records of proposed patients currently in 
 16.36  treatment facilities.  Data collected pursuant to this clause 
 17.1   shall be considered private data on individuals.  The 
 17.2   prepetition screening report is not admissible in any court 
 17.3   proceedings unrelated to the commitment proceedings. 
 17.4      (c) When the prepetition screening team recommends 
 17.5   commitment, a written report shall be sent to the county 
 17.6   attorney for the county in which the petition is to be filed.  
 17.7      (d) The prepetition screening team shall refuse to support 
 17.8   a petition if the investigation does not disclose evidence 
 17.9   sufficient to support commitment.  Notice of the prepetition 
 17.10  screening team's decision shall be provided to the prospective 
 17.11  petitioner.  
 17.12     (e) If the interested person wishes to proceed with a 
 17.13  petition contrary to the recommendation of the prepetition 
 17.14  screening team, application may be made directly to the county 
 17.15  attorney, who may determine whether or not to proceed with the 
 17.16  petition.  Notice of the county attorney's determination shall 
 17.17  be provided to the interested party.  
 17.18     (f) If the proposed patient has been acquitted of a crime 
 17.19  under section 611.026, the county attorney shall apply to the 
 17.20  designated county agency in the county in which the acquittal 
 17.21  took place for a preliminary investigation unless substantially 
 17.22  the same information relevant to the proposed patient's current 
 17.23  mental condition, as could be obtained by a preliminary 
 17.24  investigation, is part of the court record in the criminal 
 17.25  proceeding or is contained in the report of a mental examination 
 17.26  conducted in connection with the criminal proceeding.  If a 
 17.27  court petitions for commitment pursuant to the rules of criminal 
 17.28  procedure or a county attorney petitions pursuant to acquittal 
 17.29  of a criminal charge under section 611.026, the prepetition 
 17.30  investigation, if required by this section, shall be completed 
 17.31  within seven days after the filing of the petition.  
 17.32     Sec. 30.  Minnesota Statutes 1996, section 253B.07, 
 17.33  subdivision 2, is amended to read: 
 17.34     Subd. 2.  [THE PETITION.] (a) Any interested person, except 
 17.35  a prepetition screener, may file a petition for commitment in 
 17.36  the district court of the county of the proposed patient's 
 18.1   residence or presence.  Following an acquittal of a person of a 
 18.2   criminal charge under section 611.026, the petition shall be 
 18.3   filed by the county attorney of the county in which the 
 18.4   acquittal took place and the petition shall be filed with the 
 18.5   court in which the acquittal took place, and that court shall be 
 18.6   the committing court for purposes of this chapter.  If the head 
 18.7   of the treatment facility where a proposed patient is 
 18.8   temporarily held or treated believes that commitment is required 
 18.9   and no petition has been filed, the head of the treatment 
 18.10  facility shall petition for the commitment of the person. 
 18.11     (b) The petition shall set forth the name and address of 
 18.12  the proposed patient, the name and address of the patient's 
 18.13  nearest relatives, and the reasons for the petition.  The 
 18.14  petition must contain factual descriptions of the proposed 
 18.15  patient's recent behavior, including a description of the 
 18.16  behavior, where it occurred, and over what the time period of 
 18.17  time over which it occurred.  Each factual allegation must be 
 18.18  supported by observations of witnesses named in the petition.  
 18.19  Petitions shall be stated in behavioral terms and shall not 
 18.20  contain judgmental or conclusory statements.  
 18.21     (c) The petition shall be accompanied by a written 
 18.22  statement by an examiner stating that the examiner has examined 
 18.23  the proposed patient within the 15 days preceding the filing of 
 18.24  the petition and is of the opinion that the proposed patient is 
 18.25  suffering a designated disability and should be committed to a 
 18.26  treatment facility.  The statement shall include the reasons for 
 18.27  the opinion.  If a petitioner has been unable to secure a 
 18.28  statement from an examiner, the petition shall include 
 18.29  documentation that a reasonable effort has been made to secure 
 18.30  the supporting statement.  
 18.31     Sec. 31.  Minnesota Statutes 1996, section 253B.07, 
 18.32  subdivision 2a, is amended to read: 
 18.33     Subd. 2a.  [PETITION FOLLOWING ACQUITTAL; REFERRAL.] 
 18.34  Following an acquittal of a person of a criminal charge under 
 18.35  section 611.026, the petition shall be filed by the county 
 18.36  attorney of the county in which the acquittal took place and the 
 19.1   petition shall be filed with the court in which the acquittal 
 19.2   took place, and that court shall be the committing court for 
 19.3   purposes of this chapter.  When a petition is filed pursuant to 
 19.4   subdivision 2 with the court in which acquittal of a criminal 
 19.5   charge took place, the court shall assign the judge before whom 
 19.6   the acquittal took place to hear the commitment proceedings 
 19.7   unless that judge is unavailable.  
 19.8      Sec. 32.  Minnesota Statutes 1996, section 253B.07, is 
 19.9   amended by adding a subdivision to read: 
 19.10     Subd. 2b.  [APPREHEND AND HOLD ORDERS.] The court may order 
 19.11  the treatment facility to hold the person in a treatment 
 19.12  facility or direct a health officer, peace officer, or other 
 19.13  person to take the proposed patient into custody and transport 
 19.14  the proposed patient to a treatment facility for observation, 
 19.15  evaluation, diagnosis, care, treatment, and, if necessary, 
 19.16  confinement, when:  (1) there has been a particularized showing 
 19.17  by the petitioner that serious imminent physical harm to the 
 19.18  proposed patient or others is likely unless the proposed patient 
 19.19  is apprehended; (2) the proposed patient has not voluntarily 
 19.20  appeared for the examination or the commitment hearing pursuant 
 19.21  to the summons; or (3) a person is held pursuant to section 
 19.22  253B.05 and a request for a petition for commitment has been 
 19.23  filed.  The order of the court may be executed on any day and at 
 19.24  any time by the use of all necessary means including the 
 19.25  imposition of necessary restraint upon the proposed patient.  
 19.26  Where possible, a peace officer taking the proposed patient into 
 19.27  custody pursuant to this subdivision shall not be in uniform and 
 19.28  shall not use a motor vehicle visibly marked as a police vehicle.
 19.29     Sec. 33.  Minnesota Statutes 1996, section 253B.07, is 
 19.30  amended by adding a subdivision to read: 
 19.31     Subd. 2c.  [RIGHT TO COUNSEL.] A patient has the right to 
 19.32  be represented by counsel at any judicial proceeding under this 
 19.33  chapter.  The court shall appoint a qualified attorney to 
 19.34  represent the proposed patient if neither the proposed patient 
 19.35  nor others provide counsel.  The attorney shall be appointed at 
 19.36  the time a petition for commitment is filed.  The attorney shall 
 20.1   have the right of subpoena.  In all proceedings under this 
 20.2   chapter, the attorney shall: 
 20.3      (1) consult with the person prior to any hearing; 
 20.4      (2) be given adequate time and access to records to prepare 
 20.5   for all hearings; 
 20.6      (3) continue to represent the person throughout any 
 20.7   proceedings under this charge unless released as counsel by the 
 20.8   court; and 
 20.9      (4) be a vigorous advocate on behalf of the person.  
 20.10     Sec. 34.  Minnesota Statutes 1996, section 253B.07, is 
 20.11  amended by adding a subdivision to read: 
 20.12     Subd. 2d.  [CHANGE OF VENUE.] The proposed patient may move 
 20.13  to have the venue of the petition changed to the district court 
 20.14  of the county of the person's residence, if the person is a 
 20.15  resident of Minnesota. 
 20.16     Sec. 35.  Minnesota Statutes 1996, section 253B.07, 
 20.17  subdivision 3, is amended to read: 
 20.18     Subd. 3.  [EXAMINERS.] After a petition has been filed, the 
 20.19  court in which the petition was filed shall appoint an 
 20.20  examiner.  Prior to the hearing, the court shall inform the 
 20.21  proposed patient of the right to an independent second 
 20.22  examination.  At the proposed patient's request, the court shall 
 20.23  appoint a second examiner of the patient's choosing to be paid 
 20.24  for by the county at a rate of compensation fixed by the court.  
 20.25     Sec. 36.  Minnesota Statutes 1996, section 253B.07, 
 20.26  subdivision 4, is amended to read: 
 20.27     Subd. 4.  [PREHEARING EXAMINATION; NOTICE AND SUMMONS 
 20.28  PROCEDURE.] (a) A summons to appear for a prehearing examination 
 20.29  and the commitment hearing shall be served upon the proposed 
 20.30  patient.  A plain language notice of the proceedings and notice 
 20.31  of the filing of the petition, a copy of the petition, a copy of 
 20.32  the examiner's supporting statement, and the order for 
 20.33  examination and a copy of the prepetition screening report shall 
 20.34  be given to the proposed patient, patient's counsel, the 
 20.35  petitioner, any interested person, and any other persons as the 
 20.36  court directs.  
 21.1      (b) The prepetition screening report shall be distributed 
 21.2   to the proposed patient, the patient's counsel, the county 
 21.3   attorney, any person authorized by the patient, and any other 
 21.4   person as the court directs. 
 21.5      (c) All papers shall be served personally on the proposed 
 21.6   patient.  Unless otherwise ordered by the court, the notice 
 21.7   shall be served on the proposed patient by a nonuniformed person.
 21.8      Sec. 37.  Minnesota Statutes 1996, section 253B.07, 
 21.9   subdivision 5, is amended to read: 
 21.10     Subd. 5.  [PREHEARING EXAMINATION; REPORT.] The examination 
 21.11  shall be held at a treatment facility or other suitable place 
 21.12  the court determines is not likely to have a harmful effect on 
 21.13  harm the health of the proposed patient.  The county attorney 
 21.14  and the patient's attorney may be present during the examination.
 21.15  Either party may waive this right.  Unless otherwise agreed by 
 21.16  the counsel for the proposed patient parties, a court appointed 
 21.17  examiner shall file three copies of the report with the court 
 21.18  not less than 48 hours prior to the commitment hearing.  Copies 
 21.19  of the examiner's report shall be sent to the county attorney, 
 21.20  the proposed patient, and the patient's counsel.  
 21.21     Sec. 38.  Minnesota Statutes 1996, section 253B.07, 
 21.22  subdivision 7, is amended to read: 
 21.23     Subd. 7.  [PRELIMINARY HEARING.] (a) No proposed patient 
 21.24  may be held in a treatment facility under a judicial hold 
 21.25  pursuant to subdivision 6 for longer than 72 hours, exclusive of 
 21.26  Saturdays, Sundays, and legal holidays, unless the court holds a 
 21.27  preliminary hearing and determines that probable cause exists to 
 21.28  continue reason to hold the person under this subdivision 
 21.29  continues to exist.  
 21.30     (b) The proposed patient, patient's counsel, the 
 21.31  petitioner, the county attorney, and any other persons as the 
 21.32  court directs shall be given at least 24 hours written notice of 
 21.33  the preliminary hearing.  The notice shall include the alleged 
 21.34  grounds for confinement.  The proposed patient shall be 
 21.35  represented at the preliminary hearing by counsel.  If The court 
 21.36  finds it to be reliable, it may admit reliable hearsay evidence, 
 22.1   including written reports, for the purpose of the preliminary 
 22.2   hearing.  
 22.3      (c) The court, on its motion or on the motion of any party, 
 22.4   may exclude or excuse a respondent proposed patient who is 
 22.5   seriously disruptive or who is totally incapable of 
 22.6   comprehending and participating in the proceedings.  In such 
 22.7   instances, the court shall, with specificity on the record, 
 22.8   state the behavior of respondent the person or other 
 22.9   circumstances justifying which justify proceeding in the absence 
 22.10  of the respondent proposed patient.  
 22.11     (d) The court may order the continued holding continue the 
 22.12  court hold of the proposed patient if it finds, by a 
 22.13  preponderance of the evidence, that serious imminent physical 
 22.14  harm to the proposed patient or others is likely if the proposed 
 22.15  patient is not confined.  The fact that If a proposed patient 
 22.16  was acquitted of a crime against the person under section 
 22.17  611.026 immediately preceding the filing of the 
 22.18  petition constitutes evidence, the court may presume that 
 22.19  serious imminent physical harm to the patient or others is 
 22.20  likely if the proposed patient is not confined and shifts the 
 22.21  burden of going forward in the presentation of evidence to the 
 22.22  proposed patient; provided that the standard of proof remains as 
 22.23  required by this chapter.  
 22.24     Sec. 39.  Minnesota Statutes 1996, section 253B.08, 
 22.25  subdivision 1, is amended to read: 
 22.26     Subdivision 1.  [TIME FOR COMMITMENT HEARING.] The hearing 
 22.27  on the commitment petition shall be held within 14 days from the 
 22.28  date of the filing of the petition.  For good cause shown, the 
 22.29  court may extend the time of hearing up to an additional 30 
 22.30  days.  When any The proceeding shall be dismissed if the 
 22.31  proposed patient has not had a hearing on a commitment 
 22.32  petition filed for the person's commitment within the allowed 
 22.33  time, the proceedings shall be dismissed.  The proposed patient, 
 22.34  or the head of the treatment facility in which the person is 
 22.35  held, may demand in writing at any time that the hearing be held 
 22.36  immediately.  Unless the hearing is held within five days of the 
 23.1   date of the demand, exclusive of Saturdays, Sundays and legal 
 23.2   holidays, the petition shall be automatically discharged if the 
 23.3   patient is being held in a treatment facility pursuant to court 
 23.4   order.  For good cause shown, the court may extend the time of 
 23.5   hearing on the demand for an additional ten days.  
 23.6      Sec. 40.  Minnesota Statutes 1996, section 253B.08, 
 23.7   subdivision 2, is amended to read: 
 23.8      Subd. 2.  [NOTICE OF HEARING.] The proposed patient, 
 23.9   patient's counsel, the petitioner, the county attorney, and any 
 23.10  other persons as the court directs shall be given at least five 
 23.11  days' notice that a hearing will be held and at least two days' 
 23.12  notice of the time and date of the hearing, except that any 
 23.13  person may waive notice.  Notice to the proposed patient may be 
 23.14  waived by patient's counsel.  If the proposed patient has no 
 23.15  residence in this state, the court shall notify the commissioner 
 23.16  shall be notified of the proceedings by the court. 
 23.17     Sec. 41.  Minnesota Statutes 1996, section 253B.08, is 
 23.18  amended by adding a subdivision to read: 
 23.19     Subd. 2a.  [PLACE OF HEARING.] The hearing shall be 
 23.20  conducted in a manner consistent with orderly procedure.  The 
 23.21  hearing shall be held at a courtroom meeting standards 
 23.22  prescribed by local court rule which may be at a treatment 
 23.23  facility.  
 23.24     Sec. 42.  Minnesota Statutes 1996, section 253B.08, 
 23.25  subdivision 3, is amended to read: 
 23.26     Subd. 3.  [RIGHT TO ATTEND AND TESTIFY.] All persons to 
 23.27  whom notice has been given may attend the hearing and, except 
 23.28  for the proposed patient's counsel, may testify.  The court 
 23.29  shall notify them of their right to attend the hearing and to 
 23.30  testify.  The court may exclude any person not necessary for the 
 23.31  conduct of the proceedings from the hearings except any person 
 23.32  requested to be present by the proposed patient.  Nothing in 
 23.33  this section shall prevent the court from ordering the 
 23.34  sequestration of any witness or witnesses other than the 
 23.35  petitioner or the proposed patient.  
 23.36     Sec. 43.  Minnesota Statutes 1996, section 253B.08, 
 24.1   subdivision 5, is amended to read: 
 24.2      Subd. 5.  [ABSENCE PERMITTED.] (a) The court may permit the 
 24.3   proposed patient to waive the right to attend the hearing if it 
 24.4   determines that the waiver is freely given.  All waivers shall 
 24.5   be on the record.  At the time of the hearing the patient shall 
 24.6   not be so under the influence or suffering from the effects of 
 24.7   drugs, medication, or other treatment so as to be hampered in 
 24.8   participating in the proceedings.  When in the opinion of the 
 24.9   licensed physician or licensed psychologist attending the 
 24.10  patient is of the opinion that the discontinuance of drugs, 
 24.11  medication, or other treatment is not in the best interest of 
 24.12  the patient, the court, at the time of the hearing, shall be 
 24.13  presented a record of all drugs, medication or other treatment 
 24.14  which the patient has received during the 48 hours immediately 
 24.15  prior to the hearing.  
 24.16     (b) The court, on its own motion or on the motion of any 
 24.17  party, may exclude or excuse a respondent proposed patient who 
 24.18  is seriously disruptive or who is totally incapable of 
 24.19  comprehending and participating in the proceedings.  In such 
 24.20  instances, the court shall, with specificity on the record, 
 24.21  state the behavior of respondent the proposed patient or other 
 24.22  circumstances justifying proceeding in the absence of the 
 24.23  respondent proposed patient.  
 24.24     Sec. 44.  Minnesota Statutes 1996, section 253B.08, is 
 24.25  amended by adding a subdivision to read: 
 24.26     Subd. 5a.  [WITNESSES.] The proposed patient or the 
 24.27  patient's counsel and the county attorney may present and 
 24.28  cross-examine witnesses, including examiners, at the hearing.  
 24.29  The court may in its discretion receive the testimony of any 
 24.30  other person.  Opinions of court-appointed examiners may not be 
 24.31  admitted into evidence unless the examiner is present to 
 24.32  testify, except by agreement of the parties.  
 24.33     Sec. 45.  Minnesota Statutes 1996, section 253B.09, 
 24.34  subdivision 1, is amended to read: 
 24.35     Subdivision 1.  [STANDARD OF PROOF.] If the court finds by 
 24.36  clear and convincing evidence that the proposed patient is a 
 25.1   mentally ill, mentally retarded, or chemically dependent person 
 25.2   and, that after careful consideration of reasonable alternative 
 25.3   dispositions, including but not limited to, dismissal of 
 25.4   petition, voluntary outpatient care, informal voluntary 
 25.5   admission to a treatment facility, appointment of a guardian or 
 25.6   conservator, or release before commitment as provided for in 
 25.7   subdivision 4, it finds that there is no suitable alternative to 
 25.8   judicial commitment, the court shall commit the patient to the 
 25.9   least restrictive treatment program which can meet the patient's 
 25.10  treatment needs consistent with section 253B.03, subdivision 7.  
 25.11  In deciding on the least restrictive program, the court shall 
 25.12  consider a range of treatment alternatives including, but not 
 25.13  limited to, community-based nonresidential treatment, community 
 25.14  residential treatment, partial hospitalization, acute care 
 25.15  hospital, and regional treatment center services.  The court 
 25.16  shall also consider the proposed patient's treatment preferences 
 25.17  and willingness to participate in the treatment ordered.  The 
 25.18  court may not commit a patient to a facility or program that is 
 25.19  not capable of meeting the patient's needs.  
 25.20     Sec. 46.  Minnesota Statutes 1996, section 253B.09, 
 25.21  subdivision 2, is amended to read: 
 25.22     Subd. 2.  [FINDINGS.] The court shall find the facts 
 25.23  specifically, and separately state its conclusions of law, and 
 25.24  direct the entry of an appropriate judgment.  Where commitment 
 25.25  is ordered, the findings of fact and conclusions of law shall 
 25.26  specifically state the proposed patient's conduct which is a 
 25.27  basis for determining that each of the requisites for commitment 
 25.28  is met.  
 25.29     If commitment is ordered, the findings shall also include a 
 25.30  listing of identify less restrictive alternatives considered and 
 25.31  rejected by the court and the reasons for rejecting each 
 25.32  alternative.  
 25.33     If the proceedings are dismissed, the court may direct that 
 25.34  the person be transported back to a suitable location. 
 25.35     Sec. 47.  Minnesota Statutes 1996, section 253B.09, 
 25.36  subdivision 3, is amended to read: 
 26.1      Subd. 3.  [FINANCIAL DETERMINATION.] The court shall 
 26.2   determine the nature and extent of the property of the patient 
 26.3   and of the persons who are liable for the patient's care.  If 
 26.4   the patient is committed to a regional facility, a copy shall be 
 26.5   transmitted treatment center, the court shall send a copy of the 
 26.6   commitment order to the commissioner.  
 26.7      Sec. 48.  Minnesota Statutes 1996, section 253B.09, is 
 26.8   amended by adding a subdivision to read: 
 26.9      Subd. 3a.  [REPORTING JUDICIAL COMMITMENTS INVOLVING 
 26.10  PRIVATE TREATMENT PROGRAMS OR FACILITIES.] Notwithstanding 
 26.11  section 253B.23, subdivision 9, when a court commits a patient 
 26.12  to a treatment program or facility other than a state-operated 
 26.13  program or facility, the court shall report the commitment to 
 26.14  the commissioner through the supreme court information system 
 26.15  for purposes of providing commitment information for firearm 
 26.16  background checks under section 245.041. 
 26.17     Sec. 49.  Minnesota Statutes 1996, section 253B.09, 
 26.18  subdivision 5, is amended to read: 
 26.19     Subd. 5.  [INITIAL COMMITMENT PERIOD.] The initial 
 26.20  commitment begins on the date that the court issues its order or 
 26.21  warrant under section 253B.10, subdivision 1.  For persons 
 26.22  committed as mentally ill, mentally retarded, or chemically 
 26.23  dependent the initial commitment shall not exceed six months.  
 26.24  At least 60 days, but not more than 90 days, after the 
 26.25  commencement of the initial commitment of a person as mentally 
 26.26  ill, mentally retarded, or chemically dependent, the head of the 
 26.27  facility shall file a written report with the committing court 
 26.28  with a copy to the patient and patient's counsel.  This first 
 26.29  report shall set forth the same information as is required in 
 26.30  section 253B.12, subdivision 1, but no hearing shall be required 
 26.31  at this time.  If no written report is filed within the required 
 26.32  time, or if it describes the patient as not in need of further 
 26.33  institutional care and treatment, the proceedings shall be 
 26.34  terminated by the committing court, and the patient shall be 
 26.35  discharged from the treatment facility.  If the person is 
 26.36  discharged prior to the expiration of 60 days, the report 
 27.1   required by this subdivision shall be filed at the time of 
 27.2   discharge.  
 27.3      Sec. 50.  Minnesota Statutes 1996, section 253B.093, 
 27.4   subdivision 1, is amended to read: 
 27.5      Subdivision 1.  [FINDINGS.] In addition to the findings 
 27.6   required under section 253B.09, subdivision 2, an order 
 27.7   committing or releasing a person to community-based treatment 
 27.8   must include: 
 27.9      (1) a written plan for services to the patient; 
 27.10     (2) a finding that the proposed treatment is available and 
 27.11  accessible to the patient and that public or private financial 
 27.12  resources are available to pay for the proposed treatment; 
 27.13     (3) conditions the patient must meet in order to obtain an 
 27.14  early release from commitment or to avoid a hearing for further 
 27.15  commitment; and 
 27.16     (4) consequences of the patient's failure to follow the 
 27.17  commitment court's order.  Consequences may include, such as 
 27.18  commitment to another setting for treatment program. 
 27.19     Sec. 51.  Minnesota Statutes 1996, section 253B.093, 
 27.20  subdivision 2, is amended to read: 
 27.21     Subd. 2.  [CASE MANAGER.] When a court commits or releases 
 27.22  a patient with mental illness to community-based treatment, the 
 27.23  court shall appoint a case manager from the county agency or 
 27.24  other entity under contract with the county agency to provide 
 27.25  case management services.  
 27.26     Sec. 52.  Minnesota Statutes 1996, section 253B.093, 
 27.27  subdivision 3, is amended to read: 
 27.28     Subd. 3.  [REPORTS.] The case manager shall report to the 
 27.29  court at least once every 90 days.  The case manager shall 
 27.30  immediately report a substantial failure of the patient or 
 27.31  provider to comply with the conditions of the commitment or 
 27.32  release. 
 27.33     Sec. 53.  Minnesota Statutes 1996, section 253B.095, is 
 27.34  amended to read: 
 27.35     253B.095 [RELEASE BEFORE COMMITMENT.] 
 27.36     Subdivision 1.  [COURT RELEASE.] After the hearing and 
 28.1   before a commitment order has been issued, The court may release 
 28.2   a proposed patient to the custody of an individual or agency 
 28.3   under a continuance with or without findings or a stay of 
 28.4   commitment upon conditions that guarantee the care and treatment 
 28.5   of the patient.  A person against whom a criminal proceeding is 
 28.6   pending may not be released.  Continuances may not extend beyond 
 28.7   14 days.  When the court stays an order for commitment for more 
 28.8   than 14 days beyond the date of the initially scheduled hearing, 
 28.9   the court shall issue an order that meets the requirements of 
 28.10  this section. 
 28.11     Subd. 2.  [STAY BEYOND 14 DAYS.] An order staying 
 28.12  commitment for more than 14 days must include: 
 28.13     (1) a written plan for services to which the proposed 
 28.14  patient has agreed; 
 28.15     (2) a finding that the proposed treatment is available and 
 28.16  accessible to the patient and that public or private financial 
 28.17  resources are available to pay for the proposed treatment; and 
 28.18     (3) conditions the patient must meet to avoid imposition 
 28.19  revocation of the stayed commitment order and imposition of the 
 28.20  commitment order.  
 28.21     A person receiving treatment under this section has all 
 28.22  rights under this chapter.  
 28.23     Subd. 3. 2.  [CASE MANAGER.] When a court releases a 
 28.24  patient with mental illness under this section, the court shall 
 28.25  appoint a direct the case manager. 
 28.26     Subd. 4.  [REPORTS.] The case manager shall to report to 
 28.27  the court at least once every 90 days.  The case manager and 
 28.28  shall immediately report a substantial failure of a patient or 
 28.29  provider to comply with the conditions of the release. 
 28.30     Subd. 5. 3.  [DURATION.] The maximum duration of an a 
 28.31  continued or stayed order under this section is six months.  The 
 28.32  court may continue the order for a maximum of an additional 12 
 28.33  months if, after notice and hearing, under sections 253B.08 and 
 28.34  253B.09 the court finds that (1) the person continues to be 
 28.35  mentally ill suffer from the designated disability, and (2) an 
 28.36  order is needed to protect the patient or others. 
 29.1      Subd. 6. 4.  [MODIFICATION OF ORDER.] An order under this 
 29.2   section may be modified upon agreement of the parties and 
 29.3   approval of the court. 
 29.4      Subd. 7. 5.  [REVOCATION OF ORDER.] The court, on its own 
 29.5   motion or upon the petition motion of any person party that the 
 29.6   patient has not complied with a material condition of release, 
 29.7   and after notice and a hearing unless otherwise ordered by the 
 29.8   court, may revoke any release and commit the proposed patient 
 29.9   under this chapter. 
 29.10     Sec. 54.  [253B.098] [ADMINISTRATION OF NEUROLEPTIC 
 29.11  MEDICATIONS.] 
 29.12     Subdivision 1.  [ACCESS TO RECORDS.] A treating physician 
 29.13  who makes medical decisions under this section regarding the 
 29.14  prescription and administration of neuroleptic medication may 
 29.15  have access to the physician's order section of a patient's 
 29.16  records on past administration of neuroleptic medication at any 
 29.17  treatment facility, if the patient lacks the capacity to 
 29.18  authorize the release of records.  Upon request of a treating 
 29.19  physician under this subdivision, a treatment facility shall 
 29.20  supply complete information relating to the past records on 
 29.21  administration of neuroleptic medication of a patient subject to 
 29.22  this subdivision.  A patient who has the capacity to authorize 
 29.23  the release of data retains the right to make decisions 
 29.24  regarding access to medical records as provided by section 
 29.25  144.335. 
 29.26     Subd. 2.  [PROCEDURES MUST BE FOLLOWED.] Neuroleptic 
 29.27  medications may be administered to persons committed as mentally 
 29.28  ill or mentally ill and dangerous only as described in this 
 29.29  section.  For purposes of this section, patient includes a 
 29.30  proposed patient who is the subject of a petition for commitment.
 29.31     Subd. 3.  [ADMINISTRATION WITHOUT JUDICIAL REVIEW.] (a) A 
 29.32  treatment provider may prescribe and administer neuroleptic 
 29.33  medication without judicial review to a patient who:  
 29.34     (1) is competent to consent to the treatment and has signed 
 29.35  a written, informed consent; 
 29.36     (2) is not competent to consent to neuroleptic medications 
 30.1   if the patient, when competent, prepared a declaration under 
 30.2   section 253B.03, subdivision 6d, requesting the treatment or 
 30.3   authorizing a proxy to request the treatment and the proxy has 
 30.4   requested the neuroleptic medication; 
 30.5      (3) has not prepared a declaration under section 253B.03, 
 30.6   subdivision 6d, and who is not competent to consent to 
 30.7   neuroleptic medications if: 
 30.8      (i) the patient does not object to or refuse the 
 30.9   medication; 
 30.10     (ii) a guardian ad litem appointed by the court with 
 30.11  authority to consent to neuroleptic medications gives written, 
 30.12  informed consent to the administration of the neuroleptic 
 30.13  medication; and 
 30.14     (iii) a multidisciplinary treatment review panel composed 
 30.15  of persons who are not engaged in providing direct care to the 
 30.16  patient gives written approval to administration of the 
 30.17  neuroleptic medication; or 
 30.18     (4) refuses prescribed neuroleptic medication and is in an 
 30.19  emergency situation. 
 30.20     (b) Medication may be administered under paragraph (a), 
 30.21  clause (4), for so long as the emergency continues to exist, up 
 30.22  to 14 days, if the treating physician determines that the 
 30.23  medication is necessary to prevent serious, immediate physical 
 30.24  harm to the patient or to others.  If a petition for 
 30.25  authorization to administer medication is filed within the 14 
 30.26  days, the treating physician may continue the medication through 
 30.27  the date of the first court hearing, if the emergency continues 
 30.28  to exist.  If the petition for authorization to administer 
 30.29  medication is filed in conjunction with a petition for 
 30.30  commitment and the court makes a determination at the 
 30.31  preliminary hearing under section 253B.07, subdivision 7, that 
 30.32  there is sufficient cause to continue the physician's order 
 30.33  until the hearing under section 253B.08, the treating physician 
 30.34  may continue the medication until that hearing, if the emergency 
 30.35  continues to exist.  The treatment facility shall document the 
 30.36  emergency in the patient's medical record in specific behavioral 
 31.1   terms. 
 31.2      (c) The court may allow and order a reasonable fee paid to 
 31.3   a guardian ad litem for services provided under paragraph (a), 
 31.4   or the court may appoint a volunteer guardian ad litem. 
 31.5      Subd. 4.  [JUDICIAL REVIEW; WHEN REQUIRED.] (a) A treatment 
 31.6   facility must obtain judicial review to administer neuroleptic 
 31.7   medication to a patient who refuses to take the medication, or 
 31.8   when an independent medical review does not support the 
 31.9   prescribed treatment. 
 31.10     (b) A physician on behalf of a treatment facility may file 
 31.11  a petition requesting authorization to administer neuroleptic 
 31.12  medication to a patient who is not competent to consent to the 
 31.13  prescribed medication, as certified by a physician, and who 
 31.14  refuses to take the prescribed medication.  A patient may also 
 31.15  file a petition pursuant to section 253B.17 for a review of a 
 31.16  physician's order for neuroleptic medication.  
 31.17     Subd. 5.  [PETITION; HEARING.] A petition may be filed with 
 31.18  the district court in the county of commitment or, with the 
 31.19  consent of the committing court, the county in which the patient 
 31.20  is being held or treated.  The petition may be heard as part of 
 31.21  any other district court proceeding under this chapter.  The 
 31.22  hearing must be held within 14 days from the date of the filing 
 31.23  of the petition.  By agreement of the parties, or for good cause 
 31.24  shown, the court may extend the time of hearing an additional 30 
 31.25  days.  
 31.26     Subd. 6.  [EXAMINATIONS.] (a) If the petitioning facility 
 31.27  has a treatment review panel, the panel shall review the 
 31.28  appropriateness of the proposed medication and submit its 
 31.29  recommendations to the court, the county attorney, and the 
 31.30  patient's counsel at least two days prior to the hearing. 
 31.31     (b) The patient must be examined by a court examiner prior 
 31.32  to the hearing.  If the patient refuses to participate in an 
 31.33  examination, the examiner may rely on the patient's medical 
 31.34  records to reach an opinion as to the appropriateness of 
 31.35  neuroleptic medication.  The patient is entitled to counsel and 
 31.36  a second examiner if requested by the patient or the patient's 
 32.1   counsel. 
 32.2      Subd. 7.  [GUARDIAN AD LITEM.] At any time during the 
 32.3   commitment proceedings, the court may appoint a guardian ad 
 32.4   litem upon the request of any party, the recommendation of the 
 32.5   prepetition screener, an examining physician, the court's 
 32.6   examiner, or upon the court's own motion. 
 32.7      Subd. 8.  [DECISION; EFFECT.] (a) The court may base its 
 32.8   decision on relevant and admissible evidence, including the 
 32.9   testimony of a treating physician or other qualified physician, 
 32.10  a member of the patient's treatment team, a court-appointed 
 32.11  examiner, witness testimony, or the patient's medical records. 
 32.12     (b) If the patient is found to be competent to decide 
 32.13  whether to take neuroleptic medication, the treating facility 
 32.14  may not administer medication without the patient's informed, 
 32.15  written consent, without the declaration of an emergency, or 
 32.16  until further review by the court. 
 32.17     (c) If the patient is found incompetent to decide whether 
 32.18  to take neuroleptic medication, the court may authorize the 
 32.19  treating facility, and any other community or treatment facility 
 32.20  to which the patient may be transferred or provisionally 
 32.21  discharged, to involuntarily administer the medication to the 
 32.22  patient.  A finding of incompetence under this section must not 
 32.23  be construed to determine the patient's competence for any other 
 32.24  purpose.  
 32.25     (d) The court may, but is not required to, limit the 
 32.26  maximum dosage of neuroleptic medication which may be 
 32.27  administered. 
 32.28     (e) The court may authorize the administration of 
 32.29  neuroleptic medication until the termination of a determinate 
 32.30  commitment.  If the patient is committed for an indeterminate 
 32.31  period, the court may authorize treatment of neuroleptic 
 32.32  medication for not more than two years, subject to the patient's 
 32.33  right to petition the court for review of the order.  The 
 32.34  treatment facility must submit annual reports to the court, 
 32.35  which shall provide copies to the patient and the respective 
 32.36  attorneys.  
 33.1      Subd. 9.  [TRANSFERRED PATIENT; REVIEW.] If the patient is 
 33.2   transferred from a facility which does not have a treatment 
 33.3   review panel to a facility which has a treatment review panel, 
 33.4   the receiving facility shall review the appropriateness of the 
 33.5   patient's medication within 30 days after the patient begins 
 33.6   treatment at the facility and file its report with the court 
 33.7   within 14 days of the determination. 
 33.8      Sec. 55.  Minnesota Statutes 1996, section 253B.10, is 
 33.9   amended to read: 
 33.10     253B.10 [PROCEDURES FOR UPON COMMITMENT.] 
 33.11     Subdivision 1.  [ADMINISTRATIVE REQUIREMENTS.] When a 
 33.12  person is committed, the court shall issue a warrant in 
 33.13  duplicate, or an order committing the patient to the custody of 
 33.14  the head of the treatment facility.  The warrant or order shall 
 33.15  state that the patient meets the statutory criteria for civil 
 33.16  commitment.  Upon the arrival of a patient at the designated 
 33.17  treatment facility, the head of the facility shall retain the 
 33.18  duplicate of the warrant and endorse receipt upon the original 
 33.19  warrant, which shall or acknowledge receipt of the order.  The 
 33.20  endorsed receipt or acknowledgment must be filed in the court of 
 33.21  commitment.  After arrival, the patient shall be under the 
 33.22  control and custody of the head of the treatment facility.  
 33.23     Copies of the petition for commitment, the court's findings 
 33.24  of fact and conclusions of law, the court order committing the 
 33.25  patient, the report of the examiners, and the prepetition report 
 33.26  shall be provided to the treatment facility at the time of 
 33.27  admission.  
 33.28     Subd. 2.  [TRANSPORTATION.] When a proposed patient is 
 33.29  about to be placed in a treatment facility, the court may order 
 33.30  the designated agency, the treatment facility, or any 
 33.31  responsible adult to transport the patient to the treatment 
 33.32  facility.  Unless otherwise ordered by the court, a peace 
 33.33  officer who provides the transportation shall not be in uniform 
 33.34  and shall not use a vehicle visibly marked as a police vehicle. 
 33.35  The proposed patient may be accompanied by one or more 
 33.36  interested persons.  
 34.1      When a proposed patient who is at a regional treatment 
 34.2   center requests a change of venue or when a hearing is to be 
 34.3   held for adjudication of a patient's status pursuant to section 
 34.4   253B.17, the commissioner shall provide transportation.  
 34.5      Subd. 3.  [NOTICE OF ADMISSION.] Whenever a committed 
 34.6   person has been admitted to a treatment facility under the 
 34.7   provisions of sections 253B.09 or 253B.18, the head of the 
 34.8   treatment facility shall immediately notify the patient's spouse 
 34.9   or parent and the county of the patient's legal residence if the 
 34.10  county may be liable for a portion of the cost of 
 34.11  institutionalization treatment.  If the committed person was 
 34.12  admitted upon the petition of a spouse or parent the head of the 
 34.13  treatment facility shall notify an interested person other than 
 34.14  the petitioner.  
 34.15     Subd. 4.  [PRIVATE INSTITUTIONALIZATION TREATMENT.] 
 34.16  Patients or other responsible persons are required to pay the 
 34.17  necessary charges for patients committed or transferred to 
 34.18  private treatment facilities.  Private treatment facilities may 
 34.19  refuse to accept a committed person.  
 34.20     Subd. 5.  [TRANSFER TO VOLUNTARY STATUS.] At any time prior 
 34.21  to the expiration of the initial commitment period, a patient 
 34.22  who has not been committed as mentally ill and dangerous to the 
 34.23  public may be transferred to voluntary status upon the patient's 
 34.24  application in writing with the consent of the head of the 
 34.25  facility.  Upon transfer, the head of the treatment facility 
 34.26  shall immediately notify the court in writing and the court 
 34.27  shall terminate the proceedings.  
 34.28     Sec. 56.  Minnesota Statutes 1996, section 253B.11, 
 34.29  subdivision 2, is amended to read: 
 34.30     Subd. 2.  [FACILITIES.] Each county or a group of counties 
 34.31  shall maintain or provide by contract a facility for confinement 
 34.32  of persons held temporarily for observation, evaluation, 
 34.33  diagnosis, treatment, and care.  When the temporary confinement 
 34.34  is provided at a regional center, the commissioner shall charge 
 34.35  the county of financial responsibility for the costs of 
 34.36  confinement of persons hospitalized under section 253B.05, 
 35.1   subdivisions 1 and 2, and section 253B.07, subdivision 6, except 
 35.2   that the commissioner shall bill the responsible prepaid plan 
 35.3   for medically necessary hospitalizations for individuals 
 35.4   enrolled in a prepaid plan under contract to provide medical 
 35.5   assistance, general assistance medical care, or MinnesotaCare 
 35.6   services.  If the prepaid plan determines under the terms of the 
 35.7   medical assistance, general assistance medical care, or 
 35.8   MinnesotaCare contract that a hospitalization was not medically 
 35.9   necessary, the county is responsible.  "County of financial 
 35.10  responsibility" means the county in which the person resides at 
 35.11  the time of confinement or, if the person has no residence in 
 35.12  this state, the county which initiated the confinement.  The 
 35.13  charge shall be based on the commissioner's determination of the 
 35.14  cost of care pursuant to section 246.50, subdivision 5.  The 
 35.15  commissioner may not charge the county of financial 
 35.16  responsibility for a committed patient who is subject to 
 35.17  recommitment proceedings.  When there is a dispute as to which 
 35.18  county is the county of financial responsibility, the county 
 35.19  charged for the costs of confinement shall pay for them pending 
 35.20  final determination of the dispute over financial responsibility.
 35.21  Disputes about the county of financial responsibility shall be 
 35.22  submitted to the commissioner to be settled in the manner 
 35.23  prescribed in section 256G.09. 
 35.24     Sec. 57.  Minnesota Statutes 1996, section 253B.12, 
 35.25  subdivision 1, is amended to read: 
 35.26     Subdivision 1.  [REPORT.] Prior to the termination of the 
 35.27  initial commitment order or final discharge of the patient, the 
 35.28  head of the facility shall file a written report with the 
 35.29  committing court with a copy to the patient and patient's 
 35.30  counsel, setting (a) At least 60 days, but not more than 90 
 35.31  days, after the date of the order committing a person as 
 35.32  mentally ill, mentally retarded, or chemically dependent, the 
 35.33  head of the facility that has custody of the patient shall file 
 35.34  a written report with the committing court and provide a copy to 
 35.35  the county attorney, the patient, and the patient's counsel.  
 35.36  The report must set forth in detailed narrative form at least 
 36.1   the following: 
 36.2      (1) the diagnosis of the patient with the supporting data; 
 36.3      (2) the anticipated discharge date; 
 36.4      (3) an individualized treatment plan; 
 36.5      (4) a detailed description of the discharge planning 
 36.6   process with suggested after care plan; 
 36.7      (5) whether the patient is in need of further care and 
 36.8   treatment with, the treatment facility which is needed, and 
 36.9   evidence to support the response; 
 36.10     (6) whether any further care and treatment must be provided 
 36.11  in a treatment facility with evidence to support the response; 
 36.12     (7) whether in the opinion of the head of the facility the 
 36.13  patient must continue to be committed to a treatment facility; 
 36.14     (8) whether in the opinion of the head of the facility the 
 36.15  patient satisfies the statutory requirement for continued 
 36.16  commitment to a treatment facility, with documentation to 
 36.17  support the opinion; and 
 36.18     (9) (7) whether the administration of neuroleptic 
 36.19  medication is clinically indicated, whether the patient is able 
 36.20  to give informed consent to that medication, and the basis for 
 36.21  these opinions. 
 36.22     If no written report is filed within the required time, or 
 36.23  if it describes the patient as not in need of further 
 36.24  institutional care and treatment, the proceedings must be 
 36.25  terminated by the committing court and the patient discharged 
 36.26  from the treatment facility.  If the person is discharged prior 
 36.27  to the expiration of 60 days, the report required by this 
 36.28  subdivision must be filed at the time of discharge. 
 36.29     (b) Prior to the termination of the initial commitment 
 36.30  order or final discharge of the patient, the head of the 
 36.31  treatment facility that has custody or care of the patient shall 
 36.32  file a written report with the committing court with a copy to 
 36.33  the patient and the patient's counsel that sets forth the 
 36.34  information required in paragraph (a).  If the patient has been 
 36.35  provisionally discharged from a treatment facility, the report 
 36.36  shall be prepared by the case manager. 
 37.1      Sec. 58.  Minnesota Statutes 1996, section 253B.12, is 
 37.2   amended by adding a subdivision to read: 
 37.3      Subd. 2a.  [TIME FOR HEARING.] A review hearing must be 
 37.4   held within 14 days after receipt by the committing court of the 
 37.5   report of the head of the treatment facility.  The court may 
 37.6   continue the hearing for good cause shown.  Underlying orders 
 37.7   remain in effect pending the court's decision at the review 
 37.8   hearing, unless otherwise ordered by the court.  
 37.9      The patient, the patient's counsel, the petitioner, and 
 37.10  other persons as the court directs must be given at least five 
 37.11  days' notice of the time and place of the hearing.  
 37.12     Sec. 59.  Minnesota Statutes 1996, section 253B.12, 
 37.13  subdivision 3, is amended to read: 
 37.14     Subd. 3.  [EXAMINATION.] Prior to the review hearing, the 
 37.15  court shall inform the patient of the right to an independent 
 37.16  examination by an examiner chosen by the patient and appointed 
 37.17  in accordance with provisions of section 253B.07, subdivision 
 37.18  3.  The report of the examiner may be submitted at the hearing.  
 37.19     Sec. 60.  Minnesota Statutes 1996, section 253B.12, 
 37.20  subdivision 4, is amended to read: 
 37.21     Subd. 4.  [HEARING; STANDARD OF PROOF.] The committing 
 37.22  court shall not make a final determination of the need to 
 37.23  continue commitment unless a hearing is held and the court finds 
 37.24  by clear and convincing evidence that (1) the person continues 
 37.25  to be mentally ill, mentally retarded, or chemically dependent; 
 37.26  (2) involuntary commitment is necessary for the protection of 
 37.27  the patient or others; and (3) there is no alternative to 
 37.28  involuntary commitment.  
 37.29     In determining whether a person continues to be mentally 
 37.30  ill, chemically dependent, or mentally retarded, the court need 
 37.31  not find that there has been a recent attempt or threat to 
 37.32  physically harm self or others, or a recent failure to provide 
 37.33  necessary personal food, clothing, shelter, or medical care.  
 37.34  Instead, the court must find that the patient is likely to 
 37.35  attempt to physically harm self or others, or to fail to provide 
 37.36  necessary personal food, clothing, shelter, or medical care 
 38.1   unless involuntary commitment is continued.  
 38.2      Sec. 61.  Minnesota Statutes 1996, section 253B.13, 
 38.3   subdivision 1, is amended to read: 
 38.4      Subdivision 1.  [MENTALLY ILL OR CHEMICALLY DEPENDENT 
 38.5   PERSONS.] If at the conclusion of a review hearing held pursuant 
 38.6   to section 253B.12, it is found that the criteria for continued 
 38.7   commitment have been satisfied, the court finds that the person 
 38.8   continues to be mentally ill or chemically dependent and in need 
 38.9   of treatment or supervision, the court shall determine the 
 38.10  probable length of continued commitment necessary.  No period of 
 38.11  commitment shall exceed this length of time or 12 months, 
 38.12  whichever is less.  
 38.13     At the conclusion of the prescribed period, commitment may 
 38.14  not be continued unless a new petition is filed pursuant to 
 38.15  section 253B.07 and hearing and determination made on it. 
 38.16  Notwithstanding the provisions of section 253B.09, subdivision 
 38.17  5, the initial commitment period under the new petition shall be 
 38.18  the probable length of commitment necessary or 12 months, 
 38.19  whichever is less.  The standard of proof at the hearing on the 
 38.20  new petition shall be the standard specified in section 253B.12, 
 38.21  subdivision 4.  
 38.22     Sec. 62.  Minnesota Statutes 1996, section 253B.13, 
 38.23  subdivision 2, is amended to read: 
 38.24     Subd. 2.  [MENTALLY RETARDED PERSONS.] If, at the 
 38.25  conclusion of a review hearing held pursuant to section 253B.12, 
 38.26  it is found the court finds that the person continues to be 
 38.27  mentally retarded, the court shall order commitment of the 
 38.28  person for an indeterminate period of time, subject to the 
 38.29  reviews required by section 253B.03, subdivisions 5 and 7, and 
 38.30  subject to the right of the patient to seek judicial review of 
 38.31  continued commitment. 
 38.32     Sec. 63.  Minnesota Statutes 1996, section 253B.14, is 
 38.33  amended to read: 
 38.34     253B.14 [TRANSFER OF COMMITTED PERSONS.] 
 38.35     The commissioner may transfer any committed person, other 
 38.36  than a person committed as mentally ill and dangerous to the 
 39.1   public, from one regional treatment center to any other 
 39.2   institution treatment facility under the commissioner's 
 39.3   jurisdiction which is capable of providing proper care and 
 39.4   treatment.  When a committed person is transferred from one 
 39.5   treatment facility to another, written notice shall be given to 
 39.6   the committing court, the county attorney, the patient's 
 39.7   counsel, and to the person's parent or spouse or, if none is 
 39.8   known, to an interested person, and the designated agency.  
 39.9      Sec. 64.  [253B.141] [AUTHORITY TO DETAIN AND TRANSPORT A 
 39.10  MISSING PATIENT.] 
 39.11     Subdivision 1.  [REPORT OF ABSENCE.] (a) If a patient 
 39.12  committed under this chapter or detained under a court-ordered 
 39.13  hold is absent without authorization, and either:  (1) does not 
 39.14  return voluntarily within 72 hours of the time the unauthorized 
 39.15  absence began; or (2) is considered by the head of the treatment 
 39.16  facility to be a danger to self or others, then the head of the 
 39.17  treatment facility shall report the absence to the local law 
 39.18  enforcement agency.  The head of the treatment facility shall 
 39.19  also notify the committing court that the patient is absent and 
 39.20  that the absence has been reported to the local law enforcement 
 39.21  agency.  The committing court shall then issue an order 
 39.22  directing the law enforcement agency to transport the patient to 
 39.23  an appropriate facility. 
 39.24     (b) Upon receiving a report that a patient subject to this 
 39.25  section is absent without authorization, the local law 
 39.26  enforcement agency shall enter information on the patient 
 39.27  through the criminal justice information system into the missing 
 39.28  persons file of the National Crime Information Center computer 
 39.29  according to the missing persons practices. 
 39.30     Subd. 2.  [APPREHENSION; RETURN TO FACILITY.] (a) A patient 
 39.31  about whom information has been entered under this section may 
 39.32  be apprehended and held by a peace officer in any jurisdiction 
 39.33  pending return to the facility from which the patient is absent 
 39.34  without authorization.  A patient may also be returned to any 
 39.35  facility operated by the commissioner.  A mentally ill and 
 39.36  dangerous person, a sexual psychopathic personality patient, or 
 40.1   a sexually dangerous person committed under section 253B.18 and 
 40.2   detained under this subdivision may be held in a jail or lockup 
 40.3   only if: 
 40.4      (1) there is no other feasible place of detention for the 
 40.5   patient; 
 40.6      (2) the detention is for less than 24 hours; and 
 40.7      (3) there are protections in place, including segregation 
 40.8   of the patient, to ensure the safety of the patient. 
 40.9      (b) If a patient is detained under this subdivision, the 
 40.10  head of the treatment facility from which the patient is absent 
 40.11  shall arrange to pick up the patient within 24 hours of the time 
 40.12  detention was begun and shall be responsible for securing 
 40.13  transportation for the patient to the facility.  The expense of 
 40.14  detaining and transporting a patient shall be the responsibility 
 40.15  of the treatment facility from which the patient is absent.  The 
 40.16  expense of detaining and transporting a patient to a treatment 
 40.17  facility operated by the department of human services shall be 
 40.18  paid by the commissioner unless paid by the patient or persons 
 40.19  on behalf of the patient.  
 40.20     Subd. 3.  [NOTICE OF APPREHENSION.] Immediately after an 
 40.21  absent patient is located, the head of the treatment facility 
 40.22  from which the patient is absent, or the law enforcement agency 
 40.23  that located or returned the absent patient, shall notify the 
 40.24  law enforcement agency that first received the absent patient 
 40.25  report under this section and that agency shall cancel the 
 40.26  missing persons entry from the National Crime Information Center 
 40.27  computer. 
 40.28     Sec. 65.  Minnesota Statutes 1996, section 253B.15, 
 40.29  subdivision 10, is amended to read: 
 40.30     Subd. 10.  [VOLUNTARY RETURN.] With the consent of the head 
 40.31  of the treatment facility, a patient may voluntarily return to 
 40.32  inpatient status at the treatment facility as follows:  
 40.33     (a) As an informal a voluntary patient, in which case the 
 40.34  patient's commitment is discharged; 
 40.35     (b) As a committed patient, in which case the patient's 
 40.36  provisional discharge is voluntarily revoked; or 
 41.1      (c) On temporary return from provisional discharge, in 
 41.2   which case both the commitment and the provisional discharge 
 41.3   remain in effect.  
 41.4      Prior to readmission, the patient shall be informed of 
 41.5   status upon readmission.  
 41.6      Sec. 66.  Minnesota Statutes 1996, section 253B.15, 
 41.7   subdivision 11, is amended to read: 
 41.8      Subd. 11.  [PARTIAL INSTITUTIONALIZATION PERMITTED 
 41.9   ABSENCES.] The head of a treatment facility may place any 
 41.10  committed person on a status of partial institutionalization.  
 41.11  The status shall allow the patient to be absent from the 
 41.12  facility for certain fixed periods of time.  The head of the 
 41.13  facility may terminate the status privilege at any time. 
 41.14     Sec. 67.  Minnesota Statutes 1996, section 253B.16, 
 41.15  subdivision 1, is amended to read: 
 41.16     Subdivision 1.  [DATE.] The head of a treatment facility 
 41.17  shall discharge any patient admitted as mentally ill or 
 41.18  chemically dependent when certified by the head of the facility 
 41.19  to be certifies that the person is no longer in need of 
 41.20  institutional care and treatment or at the conclusion of any 
 41.21  period of time specified in the commitment order, whichever 
 41.22  occurs first.  The head of a treatment facility shall discharge 
 41.23  any person admitted as mentally retarded when that person's 
 41.24  screening team has determined, under section 256B.092, 
 41.25  subdivision 8, that the person's needs can be met by services 
 41.26  provided in the community and a plan has been developed in 
 41.27  consultation with the interdisciplinary team to place the person 
 41.28  in the available community services.  
 41.29     Sec. 68.  Minnesota Statutes 1996, section 253B.17, 
 41.30  subdivision 1, is amended to read: 
 41.31     Subdivision 1.  [PETITION.] Any patient, except one 
 41.32  committed as mentally ill and dangerous to the public, or any 
 41.33  interested person may petition the committing court or the court 
 41.34  to which venue has been transferred for an order that the 
 41.35  patient is not in need of continued institutionalization care 
 41.36  and treatment or for an order that an individual is no longer 
 42.1   mentally ill, mentally retarded, or chemically dependent, or for 
 42.2   any other relief as the court deems just and equitable.  A 
 42.3   patient committed as mentally ill or mentally ill and dangerous 
 42.4   may petition the committing court or the court to which venue 
 42.5   has been transferred for a hearing concerning the administration 
 42.6   of neuroleptic medication.  
 42.7      Sec. 69.  Minnesota Statutes 1996, section 253B.17, 
 42.8   subdivision 3, is amended to read: 
 42.9      Subd. 3.  [EXAMINERS.] The court shall appoint an examiner 
 42.10  and, at the patient's request, shall appoint a second examiner 
 42.11  of the patient's choosing to be paid for by the county at a rate 
 42.12  of compensation to be fixed by the court.  Unless otherwise 
 42.13  agreed by the parties, the examiners shall file a report with 
 42.14  the court not less than 48 hours prior to the hearing under this 
 42.15  section. 
 42.16     Sec. 70.  Minnesota Statutes 1996, section 253B.18, 
 42.17  subdivision 1, is amended to read: 
 42.18     Subdivision 1.  [PROCEDURE.] Upon the filing of a petition 
 42.19  alleging that a proposed patient is mentally ill and dangerous 
 42.20  to the public, the court shall hear the petition as provided in 
 42.21  sections 253B.07 and 253B.08.  If the court finds by clear and 
 42.22  convincing evidence that the proposed patient is mentally ill 
 42.23  and dangerous to the public, it shall commit the person either 
 42.24  to the Minnesota Security Hospital a secure treatment facility, 
 42.25  a regional treatment center designated by the commissioner or to 
 42.26  a treatment facility.  In any case where the petition was filed 
 42.27  immediately following the acquittal of the proposed patient for 
 42.28  a crime against the person pursuant to a verdict of not guilty 
 42.29  by reason of mental illness, the verdict constitutes evidence 
 42.30  that the proposed patient is mentally ill and dangerous within 
 42.31  the meaning of this section and shifts.  The proposed patient 
 42.32  has the burden of going forward in the presentation of 
 42.33  evidence to the proposed patient; provided that.  The standard 
 42.34  of proof remains as required by this chapter.  Upon commitment, 
 42.35  admission procedures shall be carried out pursuant to section 
 42.36  253B.10.  
 43.1      Sec. 71.  Minnesota Statutes 1996, section 253B.18, 
 43.2   subdivision 2, is amended to read: 
 43.3      Subd. 2.  [REVIEW; HEARING.] A written treatment report 
 43.4   shall be filed with the committing court within 60 days after 
 43.5   commitment.  If the person is in the custody of the commissioner 
 43.6   of corrections when the initial commitment is ordered under 
 43.7   subdivision 1, the written treatment report must be filed within 
 43.8   60 days after the person is admitted to the Minnesota security 
 43.9   hospital a secure treatment facility or a private hospital 
 43.10  receiving the person.  The court, prior to making shall hold a 
 43.11  hearing to make a final determination with regard to a as to 
 43.12  whether the person initially should remain committed as mentally 
 43.13  ill and dangerous to the public, shall hold a hearing.  The 
 43.14  hearing shall be held within the earlier of 14 days of the 
 43.15  court's receipt of the written treatment report, if one is 
 43.16  filed, or within 90 days of the date of initial commitment or 
 43.17  admission, unless otherwise agreed by the parties.  If the court 
 43.18  finds that the patient qualifies for commitment should be 
 43.19  committed as mentally ill, but not as mentally ill and dangerous 
 43.20  to the public, the court may commit the person as a mentally ill 
 43.21  person and the person shall be deemed not to have been found to 
 43.22  be dangerous to the public for the purposes of subdivisions 4 to 
 43.23  15.  Failure of the treatment facility to provide the required 
 43.24  report at the end of the 60-day period shall not result in 
 43.25  automatic discharge of the patient.  
 43.26     Sec. 72.  Minnesota Statutes 1996, section 253B.18, 
 43.27  subdivision 3, is amended to read: 
 43.28     Subd. 3.  [INDETERMINATE COMMITMENT.] If the court finds at 
 43.29  the final determination hearing held pursuant to subdivision 2 
 43.30  that the patient continues to be mentally ill and dangerous, 
 43.31  then the court shall order commitment of the proposed patient 
 43.32  for an indeterminate period of time.  Subsequent to After a 
 43.33  final determination that a patient is mentally ill and dangerous 
 43.34  to the public, the patient shall be transferred, provisionally 
 43.35  discharged or discharged, only as provided in this section.  
 43.36     Sec. 73.  Minnesota Statutes 1996, section 253B.18, 
 44.1   subdivision 4a, is amended to read: 
 44.2      Subd. 4a.  [RELEASE ON PASS; NOTIFICATION.] A patient who 
 44.3   has been committed as mentally ill and dangerous and who is 
 44.4   confined at the Minnesota security hospital a secure treatment 
 44.5   facility shall not be released on a pass unless the pass is part 
 44.6   of a pass plan that has been approved by the medical director of 
 44.7   the Minnesota security hospital a secure treatment facility.  At 
 44.8   least ten days prior to a determination on the plan, the medical 
 44.9   director shall notify the designated agency, the committing 
 44.10  court, the county attorney of the county of commitment, an any 
 44.11  interested person, the petitioner, and the petitioner's counsel 
 44.12  of the plan, the nature of the passes proposed, and their right 
 44.13  to object to the plan.  If any notified person objects prior to 
 44.14  the proposed date of implementation, the person shall have an 
 44.15  opportunity to appear, personally or in writing, before the 
 44.16  medical director, within ten days of the objection, to present 
 44.17  grounds for opposing the plan.  The pass plan shall not be 
 44.18  implemented until the objecting person has been furnished that 
 44.19  opportunity.  Nothing in this subdivision shall be construed to 
 44.20  give a patient an affirmative right to a pass plan.  
 44.21     Sec. 74.  Minnesota Statutes 1996, section 253B.18, 
 44.22  subdivision 4b, is amended to read: 
 44.23     Subd. 4b.  [PASS-ELIGIBLE STATUS; NOTIFICATION.] The 
 44.24  following patients committed to the Minnesota security hospital 
 44.25  a secure treatment facility shall not be placed on pass-eligible 
 44.26  status unless that status has been approved by the medical 
 44.27  director of the Minnesota security hospital a secure treatment 
 44.28  facility:  
 44.29     (a) a patient who has been committed as mentally ill and 
 44.30  dangerous and who 
 44.31     (1) was found incompetent to proceed to trial for a felony 
 44.32  or was found not guilty by reason of mental illness of a felony 
 44.33  immediately prior to the filing of the commitment petition; 
 44.34     (2) was convicted of a felony immediately prior to or 
 44.35  during commitment as mentally ill and dangerous; or 
 44.36     (3) is subject to a commitment to the commissioner of 
 45.1   corrections; and 
 45.2      (b) a patient who has been committed as a psychopathic 
 45.3   personality, as defined in section 526.09, or as a sexually 
 45.4   psychopathic personality or a sexually dangerous person as 
 45.5   defined by this chapter.  
 45.6      At least ten days prior to a determination on the status, 
 45.7   the medical director shall notify the committing court, the 
 45.8   county attorney of the county of commitment, the designated 
 45.9   agency, an interested person, the petitioner, and the 
 45.10  petitioner's counsel of the proposed status, and their right to 
 45.11  request review by the special review board.  If within ten days 
 45.12  of receiving notice any notified person requests review by 
 45.13  filing a notice of objection with the commissioner and the head 
 45.14  of the treatment facility, a hearing shall be held before the 
 45.15  special review board.  The proposed status shall not be 
 45.16  implemented unless it receives a favorable recommendation by a 
 45.17  majority of the board and approval by the commissioner.  The 
 45.18  order of the commissioner is appealable as provided in section 
 45.19  253B.19.  
 45.20     Nothing in this subdivision shall be construed to give a 
 45.21  patient an affirmative right to seek pass-eligible status from 
 45.22  the special review board.  
 45.23     Sec. 75.  Minnesota Statutes 1996, section 253B.18, is 
 45.24  amended by adding a subdivision to read: 
 45.25     Subd. 4c.  [SPECIAL REVIEW BOARD.] (a) The commissioner 
 45.26  shall establish one or more panels of a special review board for 
 45.27  persons committed as mentally ill and dangerous to the public.  
 45.28  The board shall consist of three members experienced in the 
 45.29  field of mental illness.  One member of each special review 
 45.30  board panel shall be a physician and one member shall be an 
 45.31  attorney.  No member shall be affiliated with the department of 
 45.32  human services.  The special review board shall meet at least 
 45.33  every six months and at the call of the commissioner.  It shall 
 45.34  hear and consider all petitions for transfer from a secure 
 45.35  treatment facility; all petitions relative to discharge, 
 45.36  provisional discharge, and revocation of provisional discharge; 
 46.1   and make recommendations to the commissioner concerning them.  
 46.2      (b) Members of the special review board shall receive 
 46.3   compensation and reimbursement for expenses as established by 
 46.4   the commissioner. 
 46.5      Sec. 76.  Minnesota Statutes 1996, section 253B.18, 
 46.6   subdivision 5, is amended to read: 
 46.7      Subd. 5.  [PETITION; NOTICE OF HEARING; ATTENDANCE; 
 46.8   ORDER.] (a) A petition for an order of transfer, discharge, 
 46.9   provisional discharge, or revocation of provisional discharge 
 46.10  shall be filed with the commissioner and may be filed by the 
 46.11  patient or by the head of the treatment facility.  The special 
 46.12  review board shall hold a hearing on each petition prior to 
 46.13  making any recommendation.  No person may file a petition for 
 46.14  transfer, discharge, or provisional discharge within six months 
 46.15  after: 
 46.16     (1) commitment after a final determination; or 
 46.17     (2) the denial of a similar petition by the special review 
 46.18  board or by the supreme court appeals panel. 
 46.19     The medical director may petition at any time.  
 46.20     (b) Within 45 days of the filing of the petition, the 
 46.21  committing court, the county attorney of the county of 
 46.22  commitment, the designated agency, an any interested person, a 
 46.23  victim who has requested notice pursuant to section 611A.06, the 
 46.24  petitioner, and the petitioner's counsel shall be given written 
 46.25  notice by the commissioner of the time and place of the hearing 
 46.26  before the special review board.  Only those entitled to 
 46.27  statutory notice of the hearing or those administratively 
 46.28  required to attend may be present at the hearing.  The 
 46.29  commissioner shall issue an order no later than 14 days after 
 46.30  receiving the recommendation of the special review board.  A 
 46.31  copy of the order shall be sent by certified mail to every 
 46.32  person entitled to statutory notice of the hearing within five 
 46.33  days after it is issued.  No order by the commissioner shall be 
 46.34  effective sooner than 15 days after it is issued.  
 46.35     (c) The special review board shall hold a hearing on each 
 46.36  petition prior to making its recommendation to the 
 47.1   commissioner.  Any person or agency submitting documentary 
 47.2   evidence to the special review board prior to the hearing shall 
 47.3   also provide copies to the patient, the patient's counsel, the 
 47.4   county attorney of the county of commitment, the case manager, 
 47.5   and the commissioner. 
 47.6      (d) The special review board shall hold a hearing on each 
 47.7   petition prior to making any recommendation.  The special review 
 47.8   board shall make detailed findings of the evidence, documents, 
 47.9   testimony, and past records considered.  The board shall make a 
 47.10  recommendation to the commissioner no later than 30 days after 
 47.11  the hearing. 
 47.12     (e) Prior to the final decision by the commissioner, any 
 47.13  party may request that the special review board be reconvened to 
 47.14  consider events or circumstances that occurred subsequent to the 
 47.15  hearing. 
 47.16     Sec. 77.  Minnesota Statutes 1996, section 253B.18, 
 47.17  subdivision 6, is amended to read: 
 47.18     Subd. 6.  [TRANSFER.] (a) Persons who have been found by 
 47.19  the committing court to be Mentally ill and dangerous to the 
 47.20  public patients shall not be transferred out of the Minnesota 
 47.21  Security Hospital a secure treatment facility unless it appears 
 47.22  to the satisfaction of the commissioner, after a hearing and 
 47.23  favorable recommendation by a majority of the special review 
 47.24  board, that the transfer is appropriate.  Transfer may be to 
 47.25  other regional centers under the commissioner's control.  In 
 47.26  those instances where a commitment also exists to the department 
 47.27  of corrections, transfer may be to a facility designated by the 
 47.28  commissioner of corrections.  
 47.29     The following factors are to be considered in determining 
 47.30  whether a transfer is appropriate:  
 47.31     (i) the person's clinical progress and present treatment 
 47.32  needs; 
 47.33     (ii) the need for security to accomplish continuing 
 47.34  treatment; 
 47.35     (iii) the need for continued institutionalization 
 47.36  treatment; 
 48.1      (iv) which facility can best meet the person's needs; and 
 48.2      (v) whether transfer can be accomplished with a reasonable 
 48.3   degree of safety for the public.  
 48.4      Sec. 78.  Minnesota Statutes 1996, section 253B.18, 
 48.5   subdivision 7, is amended to read: 
 48.6      Subd. 7.  [PROVISIONAL DISCHARGE.] Patients who have been 
 48.7   found by the committing court to be Mentally ill and dangerous 
 48.8   to the public patients shall not be provisionally discharged 
 48.9   unless it appears to the satisfaction of the commissioner, after 
 48.10  a hearing and a favorable recommendation by a majority of the 
 48.11  special review board, that the patient is capable of making an 
 48.12  acceptable adjustment to open society.  
 48.13     The following factors are to be considered in determining 
 48.14  whether a provisional discharge shall be recommended:  (a) 
 48.15  whether the patient's course of hospitalization and present 
 48.16  mental status indicate there is no longer a need for inpatient 
 48.17  treatment and supervision; and (b) whether the conditions of the 
 48.18  provisional discharge plan will provide a reasonable degree of 
 48.19  protection to the public and will enable the patient to adjust 
 48.20  to the community.  
 48.21     Sec. 79.  Minnesota Statutes 1996, section 253B.18, 
 48.22  subdivision 12, is amended to read: 
 48.23     Subd. 12.  [RETURN OF PATIENT.] After revocation of a 
 48.24  provisional discharge or if the patient is absent without 
 48.25  authorization, the head of the treatment facility may request 
 48.26  the patient to return to the treatment facility voluntarily.  
 48.27  The head of the facility may request a health officer, a welfare 
 48.28  officer, or a peace officer to return the patient to the 
 48.29  treatment facility.  If a voluntary return is not arranged, the 
 48.30  head of the treatment facility shall inform the committing court 
 48.31  of the revocation or absence and the court shall direct a health 
 48.32  or peace officer in the county where the patient is located to 
 48.33  return the patient to the treatment facility or to another 
 48.34  treatment facility.  The expense of returning the patient to a 
 48.35  regional treatment facility center shall be paid by the 
 48.36  commissioner unless paid by the patient or the patient's 
 49.1   relatives other persons on the patient's behalf.  
 49.2      Sec. 80.  Minnesota Statutes 1996, section 253B.18, 
 49.3   subdivision 14, is amended to read: 
 49.4      Subd. 14.  [VOLUNTARY READMISSION.] With the consent of the 
 49.5   head of the treatment facility, a patient may voluntarily return 
 49.6   from provisional discharge for a period of up to 30 60 days and 
 49.7   be released from the treatment facility without.  The treatment 
 49.8   facility must notify interested persons but is not required to 
 49.9   petition for a further review by the special review board unless 
 49.10  the patient's return to the community results in a different 
 49.11  placement plan.  All the terms and conditions of the provisional 
 49.12  discharge order shall remain unchanged if the patient is 
 49.13  released again.  
 49.14     Sec. 81.  Minnesota Statutes 1996, section 253B.18, 
 49.15  subdivision 15, is amended to read: 
 49.16     Subd. 15.  [DISCHARGE.] A person who has been found by the 
 49.17  committing court to be mentally ill and dangerous to the public 
 49.18  patient shall not be discharged unless it appears to the 
 49.19  satisfaction of the commissioner, after a hearing and a 
 49.20  favorable recommendation by a majority of the special review 
 49.21  board, that the patient is capable of making an acceptable 
 49.22  adjustment to open society, is no longer dangerous to the 
 49.23  public, and is no longer in need of inpatient treatment and 
 49.24  supervision.  
 49.25     In determining whether a discharge shall be recommended, 
 49.26  the special review board and commissioner shall consider whether 
 49.27  specific conditions exist to provide a reasonable degree of 
 49.28  protection to the public and to assist the patient in adjusting 
 49.29  to the community.  If the desired conditions do not exist, the 
 49.30  discharge shall not be granted.  
 49.31     Sec. 82.  Minnesota Statutes 1996, section 253B.185, 
 49.32  subdivision 4, is amended to read: 
 49.33     Subd. 4.  [STATEWIDE JUDICIAL PANEL; SEXUAL PSYCHOPATHIC 
 49.34  PERSONALITY AND SEXUALLY DANGEROUS PERSONS COMMITMENTS.] (a) The 
 49.35  supreme court may establish a panel of district judges with 
 49.36  statewide authority to preside over commitment proceedings 
 50.1   brought under subdivision 1 of sexual psychopathic personalities 
 50.2   and sexually dangerous persons.  Only one judge of the panel is 
 50.3   required to preside over a particular commitment proceeding.  
 50.4   Panel members shall serve for one-year terms.  One of the judges 
 50.5   shall be designated as the chief judge of the panel, and is 
 50.6   vested with the power to designate the presiding judge in a 
 50.7   particular case, to set the proper venue for the proceedings, 
 50.8   and to otherwise supervise and direct the operation of the 
 50.9   panel.  The chief judge shall designate one of the other judges 
 50.10  to act as chief judge whenever the chief judge is unable to act. 
 50.11     (b) If the supreme court creates the judicial panel 
 50.12  authorized by this section, all petitions for civil commitment 
 50.13  brought under subdivision 1 shall be filed with the supreme 
 50.14  court instead of with the district court in the county where the 
 50.15  proposed patient is present, notwithstanding any provision of 
 50.16  subdivision 1 to the contrary.  Otherwise, all of the other 
 50.17  applicable procedures contained in this chapter apply to 
 50.18  commitment proceedings conducted by a judge on the panel. 
 50.19     Sec. 83.  Minnesota Statutes 1996, section 253B.19, 
 50.20  subdivision 1, is amended to read: 
 50.21     Subdivision 1.  [CREATION.] The supreme court shall 
 50.22  establish an appeal panel composed of three judges and four 
 50.23  alternate judges appointed from among the acting judges of the 
 50.24  state.  Panel members shall serve for terms of one year each.  
 50.25  Only three judges need hear any case.  One of the regular three 
 50.26  appointed judges shall be designated as the chief judge of the 
 50.27  appeal panel.  The chief judge is vested with power to fix the 
 50.28  time and place of all hearings before the panel, issue all 
 50.29  notices, subpoena witnesses, appoint counsel for the patient, if 
 50.30  necessary, and supervise and direct the operation of the appeal 
 50.31  panel.  The chief judge shall designate one of the other judges 
 50.32  or an alternate judge to act as chief judge in any case where 
 50.33  the chief judge is unable to act.  No member of the appeal panel 
 50.34  shall take part in the consideration of any case in which that 
 50.35  judge committed the patient.  The chief justice of the supreme 
 50.36  court shall determine the compensation of the judges serving on 
 51.1   the appeal panel.  The compensation shall be in addition to 
 51.2   their regular compensation as judges.  All compensation and 
 51.3   expenses of the appeal panel and all allowable fees and costs of 
 51.4   the patient's counsel shall be established and paid by the 
 51.5   department of human services.  
 51.6      Sec. 84.  Minnesota Statutes 1996, section 253B.19, 
 51.7   subdivision 2, is amended to read: 
 51.8      Subd. 2.  [PETITION; HEARING.] The committed person or the 
 51.9   county attorney of the county from which a patient was committed 
 51.10  as mentally ill and dangerous to the public was committed, or as 
 51.11  a sexual psychopathic personality or as a sexually dangerous 
 51.12  person may petition the appeal panel for a rehearing and 
 51.13  reconsideration of a decision by the commissioner.  The petition 
 51.14  shall be filed with the supreme court within 30 days after the 
 51.15  decision of the commissioner.  The supreme court shall refer the 
 51.16  petition to the chief judge of the appeal panel.  The chief 
 51.17  judge shall notify the patient, the county attorney of the 
 51.18  county of commitment, the designated agency, the commissioner, 
 51.19  the head of the treatment facility, any interested person, and 
 51.20  other persons the chief judge designates, of the time and place 
 51.21  of the hearing on the petition.  The notice shall be given at 
 51.22  least 14 days prior to the date of the hearing.  The hearing 
 51.23  shall be within 45 days of the filing of the petition.  Any 
 51.24  person may oppose the petition.  The appeal panel may appoint 
 51.25  examiners and may adjourn the hearing from time to time.  It 
 51.26  shall hear and receive all relevant testimony and evidence and 
 51.27  make a record of all proceedings.  The patient, patient's 
 51.28  counsel, and the county attorney of the committing county may be 
 51.29  present and present and cross-examine all witnesses.  The 
 51.30  petitioning party bears the burden of going forward with the 
 51.31  evidence.  The party opposing discharge bears the burden of 
 51.32  proof by clear and convincing evidence that the respondent is in 
 51.33  need of commitment. 
 51.34     Sec. 85.  Minnesota Statutes 1996, section 253B.20, 
 51.35  subdivision 1, is amended to read: 
 51.36     Subdivision 1.  [NOTICE TO COURT.] When a committed person 
 52.1   is discharged, provisionally discharged, transferred to another 
 52.2   treatment facility, or partially hospitalized, or when the 
 52.3   person dies, is absent without authorization, or is returned, 
 52.4   the treatment facility having custody of the patient shall 
 52.5   notify the committing court, the county attorney, and the 
 52.6   patient's attorney.  
 52.7      Sec. 86.  Minnesota Statutes 1996, section 253B.20, 
 52.8   subdivision 3, is amended to read: 
 52.9      Subd. 3.  [NOTICE TO DESIGNATED AGENCY.] The head of the 
 52.10  treatment facility, upon the provisional discharge or partial 
 52.11  institutionalization treatment of any committed person, shall 
 52.12  notify the designated agency before the patient leaves the 
 52.13  treatment facility.  Whenever possible the notice shall be given 
 52.14  at least one week before the patient is to leave the facility.  
 52.15     Sec. 87.  Minnesota Statutes 1996, section 253B.20, 
 52.16  subdivision 4, is amended to read: 
 52.17     Subd. 4.  [AFTERCARE SERVICES.] Prior to the date of 
 52.18  discharge, provisional discharge or partial institutionalization 
 52.19  treatment of any committed person, the designated agency of the 
 52.20  county of the patient's residence, in cooperation with the head 
 52.21  of the treatment facility, and the patient's physician, if 
 52.22  notified pursuant to subdivision 6, shall establish a continuing 
 52.23  plan of aftercare services for the patient including a plan for 
 52.24  medical and psychiatric treatment, nursing care, vocational 
 52.25  assistance, and other assistance the patient needs.  The 
 52.26  designated agency shall provide case management services, 
 52.27  supervise and assist the patient in finding employment, suitable 
 52.28  shelter, and adequate medical and psychiatric treatment, and aid 
 52.29  in the patient's readjustment to the community.  
 52.30     Sec. 88.  Minnesota Statutes 1996, section 253B.20, 
 52.31  subdivision 6, is amended to read: 
 52.32     Subd. 6.  [NOTICE TO PHYSICIAN.] The head of the treatment 
 52.33  facility shall notify the physician of any committed person at 
 52.34  the time of the patient's discharge, provisional discharge or 
 52.35  partial institutionalization treatment, unless the patient 
 52.36  objects to the notice.  
 53.1      Sec. 89.  Minnesota Statutes 1996, section 253B.20, 
 53.2   subdivision 7, is amended to read: 
 53.3      Subd. 7.  [SERVICES.] A committed person may at any time 
 53.4   after discharge, provisional discharge or partial 
 53.5   institutionalization treatment, apply to the head of the 
 53.6   treatment facility within whose district the committed person 
 53.7   resides for treatment.  The head of the treatment facility , on 
 53.8   determining that the applicant requires service, may provide 
 53.9   needed services related to mental illness, mental retardation, 
 53.10  or chemical dependency to the applicant.  The services shall be 
 53.11  provided in regional centers under terms and conditions 
 53.12  established by the commissioner.  
 53.13     Sec. 90.  Minnesota Statutes 1996, section 253B.21, 
 53.14  subdivision 1, is amended to read: 
 53.15     Subdivision 1.  [ADMINISTRATIVE PROCEDURES.] (a) No 
 53.16  petition may be filed to commit a nonresident of this state who 
 53.17  is under the temporary care of a federal agency, unless the 
 53.18  federal agency agrees to reimburse the county of commitment for 
 53.19  the cost of the legal proceedings and reimburse the commissioner 
 53.20  for the cost of any treatment in a state facility. 
 53.21     (b) If the patient is entitled to care by any agency of the 
 53.22  United States in this state, the commitment warrant order shall 
 53.23  be in triplicate, committing commit the patient to the joint 
 53.24  custody of the head of the treatment facility and the federal 
 53.25  agency.  If the federal agency is unable or unwilling to receive 
 53.26  the patient at the time of commitment, the patient may 
 53.27  subsequently be transferred to it upon its request.  
 53.28     Sec. 91.  Minnesota Statutes 1996, section 253B.21, is 
 53.29  amended by adding a subdivision to read: 
 53.30     Subd. 1a.  [TRANSFER.] Upon receipt of a certificate of a 
 53.31  federal agency that facilities are available for the care or 
 53.32  treatment of any committed person, the head of the treatment 
 53.33  facility may transfer the person to a federal agency for care or 
 53.34  treatment.  Upon the transfer, the committing court shall be 
 53.35  notified by the transferring agency.  No person shall be 
 53.36  transferred to a federal agency if confined pursuant to 
 54.1   conviction of any felony or gross misdemeanor or if acquitted of 
 54.2   the charge under section 611.026, unless prior to transfer the 
 54.3   committing court enters an order for the transfer after 
 54.4   appropriate motion and hearing.  
 54.5      Written notice of the transfer shall be given to the 
 54.6   patient's spouse or parent, or if none is known, to some other 
 54.7   interested person.  
 54.8      Sec. 92.  Minnesota Statutes 1996, section 253B.21, 
 54.9   subdivision 2, is amended to read: 
 54.10     Subd. 2.  [APPLICABLE REGULATIONS.] Any person, when 
 54.11  admitted committed by a court to an institution of a federal 
 54.12  agency within or without this state, shall be subject to the 
 54.13  rules and regulations of the federal agency, except that nothing 
 54.14  in this section shall deprive any person of rights secured to 
 54.15  patients of state treatment facilities by this chapter.  
 54.16     Sec. 93.  Minnesota Statutes 1996, section 253B.21, 
 54.17  subdivision 3, is amended to read: 
 54.18     Subd. 3.  [POWERS.] The chief officer of any treatment 
 54.19  facility operated by a federal agency to which any person is 
 54.20  admitted committed shall have the same powers as the heads of 
 54.21  treatment facilities within this state with respect to 
 54.22  admission, retention of custody, transfer, parole, or discharge 
 54.23  of the committed person.  
 54.24     Sec. 94.  Minnesota Statutes 1996, section 253B.21, 
 54.25  subdivision 4, is amended to read: 
 54.26     Subd. 4.  [FOREIGN JUDGMENTS.] The judgment or order of 
 54.27  commitment by a court of competent jurisdiction of another state 
 54.28  committing a person to a federal agency for care or treatment in 
 54.29  this state, shall have the same force and effect as to the 
 54.30  committed person while in this state as in the jurisdiction in 
 54.31  which is situated the court entering the judgment or making the 
 54.32  order.  Consent is given to the application of the law of The 
 54.33  committing state in respect consents to the authority of the 
 54.34  chief officer of any treatment facility of a federal agency in 
 54.35  this state, to retain custody of, transfer, parole, or discharge 
 54.36  the committed person.  
 55.1      Sec. 95.  Minnesota Statutes 1996, section 253B.22, 
 55.2   subdivision 1, is amended to read: 
 55.3      Subdivision 1.  [ESTABLISHMENT.] The commissioner shall 
 55.4   establish a review board of three or more persons for each 
 55.5   regional center to review the admission and retention of 
 55.6   patients institutionalized committed under this chapter.  One 
 55.7   member shall be qualified in the diagnosis of mental illness, 
 55.8   mental retardation, or chemical dependency, and one member shall 
 55.9   be an attorney.  The commissioner may, upon written request from 
 55.10  the appropriate federal authority, establish a review panel for 
 55.11  any federal treatment facility within the state to review the 
 55.12  admission and retention of patients hospitalized under this 
 55.13  chapter.  For any review board established for a federal 
 55.14  treatment facility, one of the persons appointed by the 
 55.15  commissioner shall be the commissioner of veterans affairs or 
 55.16  the commissioner's designee.  
 55.17     Sec. 96.  Minnesota Statutes 1996, section 253B.23, 
 55.18  subdivision 1, is amended to read: 
 55.19     Subdivision 1.  [COSTS OF HEARINGS.] (a) In each proceeding 
 55.20  under this chapter the court shall allow and order paid to each 
 55.21  witness subpoenaed the fees and mileage prescribed by law; to 
 55.22  each examiner a reasonable sum for services and for travel; to 
 55.23  persons conveying the patient to the place of detention, 
 55.24  disbursements for the travel, board, and lodging of the patient 
 55.25  and of themselves and their authorized assistants; and to the 
 55.26  patient's counsel, when appointed by the court, a reasonable sum 
 55.27  for travel and for the time spent in court or in preparing for 
 55.28  the hearing.  Upon the court's order, the county auditor shall 
 55.29  issue a warrant on the county treasurer for payment of the 
 55.30  amounts allowed.  
 55.31     (b) Whenever venue of a proceeding has been transferred 
 55.32  under this chapter, the costs of the proceedings shall be 
 55.33  reimbursed to the county where the proceedings were conducted by 
 55.34  the county of the patient's residence by the state. 
 55.35     Sec. 97.  Minnesota Statutes 1996, section 253B.23, 
 55.36  subdivision 6, is amended to read: 
 56.1      Subd. 6.  [COURT COMMISSIONER.] The Ramsey county court 
 56.2   commissioner may act for the probate judge upon a petition for 
 56.3   the commitment of a patient when the probate judge is unable to 
 56.4   act hear petitions for commitment.  
 56.5      Sec. 98.  Minnesota Statutes 1996, section 253B.23, 
 56.6   subdivision 7, is amended to read: 
 56.7      Subd. 7.  [APPEAL.] The commissioner or any other aggrieved 
 56.8   party may appeal to the court of appeals from any order entered 
 56.9   under this chapter as in other civil cases.  Any district court 
 56.10  order or judgment under this chapter or related case law may be 
 56.11  appealed within 60 days after the date of filing of the order or 
 56.12  entry of judgment.  A judgment under section 253B.18, 
 56.13  subdivision 1, may be appealed within 60 days after the date of 
 56.14  the order entered under section 253B.18, subdivision 2.  A party 
 56.15  may seek review of a decision by the supreme court appeals panel 
 56.16  within 60 days after a copy is sent to the parties by the clerk 
 56.17  of appellate courts. 
 56.18     Upon perfection of the appeal, the return shall be filed 
 56.19  forthwith.  The court of appeals shall hear the appeal within 60 
 56.20  90 days after service of the notice of appeal.  This appeal 
 56.21  shall not suspend the operation of the order appealed from until 
 56.22  the appeal is determined, unless otherwise ordered by the court 
 56.23  of appeals. 
 56.24     Sec. 99.  Minnesota Statutes 1996, section 253B.23, 
 56.25  subdivision 9, is amended to read: 
 56.26     Subd. 9.  [SEALING OF RECORDS.] Upon a motion by a person 
 56.27  who has been the subject of a judicial commitment proceeding, 
 56.28  the court for the county in which the person resides may seal 
 56.29  all judicial records of the commitment proceedings if it finds 
 56.30  that access to the records creates undue hardship for the 
 56.31  person.  The county attorney shall be notified of the motion and 
 56.32  may participate in the hearings.  All hearings on the motion 
 56.33  shall be in camera.  The files and records of the court in 
 56.34  proceedings on the motion shall be sealed except to the moving 
 56.35  party, the person's attorney, the county attorney, or other 
 56.36  persons by court order.  
 57.1      Sec. 100.  [INSTRUCTION TO REVISOR.] 
 57.2      The revisor of statutes shall renumber Minnesota Statutes, 
 57.3   section 253B.093, to section 253B.097, and Minnesota Statutes, 
 57.4   section 253B.11, to section 253B.045, in 1996 and subsequent 
 57.5   editions of Minnesota Statutes. 
 57.6      Sec. 101.  [REPEALER.] 
 57.7      Minnesota Statutes 1996, sections 253B.03, subdivisions 6c 
 57.8   and 9; 253B.05, subdivisions 2a and 5; 253B.07, subdivision 6; 
 57.9   253B.08, subdivisions 4 and 6; 253B.091; 253B.12, subdivisions 5 
 57.10  and 8; 253B.13, subdivision 3; 253B.18, subdivision 4; 253B.21, 
 57.11  subdivision 5; and 253B.23, subdivision 1a, are repealed.