1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to human services; changing terminology in 1.3 statute of references to mentally ill person; amending 1.4 Minnesota Statutes 2000, sections 13.89, subdivision 1.5 2; 148.263, subdivision 5; 148B.07, subdivision 6; 1.6 148B.283, subdivision 7; 148C.09, subdivision 1; 1.7 149A.61, subdivision 5; 153.19, subdivision 1; 153.24, 1.8 subdivision 5; 156.081, subdivision 2; 156.122; 1.9 245.462, subdivision 20; 253.015, subdivision 2; 1.10 253.21; 253B.02, subdivisions 17, 18, 19; 253B.06, 1.11 subdivision 1; 253B.12, subdivision 1; 253B.141, 1.12 subdivision 2; 253B.15, subdivision 1; 253B.16, 1.13 subdivision 1; 253B.17, subdivision 1; 253B.18, 1.14 subdivisions 1, 2, 3, 4a, 4b, 6, 7, 15; 253B.185, 1.15 subdivision 1; 253B.19, subdivision 2; 253B.212, 1.16 subdivision 2; 256E.03, subdivision 2; 299F.77; 1.17 376.01; 376.02; 462A.02, subdivision 9; 462A.03, 1.18 subdivision 19; 609.06, subdivision 1; 609.668, 1.19 subdivision 2; 624.713, subdivision 1; 631.50; 1.20 Minnesota Statutes 2001 Supplement, sections 241.69, 1.21 subdivisions 2, 3, 4, 5; 253B.02, subdivision 13; 1.22 253B.09, subdivision 1. 1.23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.24 Section 1. Minnesota Statutes 2000, section 13.89, 1.25 subdivision 2, is amended to read: 1.26 Subd. 2. [MENTAL ILLNESS OR EMOTIONAL IMPAIRMENT.] Data on 1.27 an individual who has significant mental illness or emotional 1.28 impairment and who is an inpatient or resident in a facility 1.29 rendering care or treatment may be disseminated to the 1.30 protection and advocacy system established in this state 1.31 pursuant to Public Law Number 99-319 to protect the rights of 1.32 persons who are mentally ill
individualsif: 1.33 (1) the protection and advocacy system receives a complaint 1.34 by or on behalf of the person or there is probable cause to 2.1 believe that the person has been subjected to abuse or neglect, 2.2 as defined in Public Law Number 99-319; 2.3 (2) the person is by reason of a mental or physical 2.4 condition unable to authorize the system to have access to data; 2.5 and 2.6 (3) the person does not have a legal guardian or the state 2.7 is the legal guardian of the person. 2.8 Sec. 2. Minnesota Statutes 2000, section 148.263, 2.9 subdivision 5, is amended to read: 2.10 Subd. 5. [COURTS.] The court administrator of district 2.11 court or another court of competent jurisdiction shall report to 2.12 the board any judgment or other determination of the court that 2.13 adjudges or includes a finding that a nurse is a person who is 2.14 mentally ill, mentally incompetent, chemically dependent, a2.15 persondangerous to the public, guilty of a felony or gross 2.16 misdemeanor, guilty of a violation of federal or state narcotics 2.17 laws or controlled substances act, guilty of operating a motor 2.18 vehicle while under the influence of alcohol or a controlled 2.19 substance, or guilty of an abuse or fraud under Medicare or 2.20 Medicaid, appoints a guardian of the nurse under sections 525.54 2.21 to 525.61, or commits a nurse under chapter 253B. 2.22 Sec. 3. Minnesota Statutes 2000, section 148B.07, 2.23 subdivision 6, is amended to read: 2.24 Subd. 6. [COURTS.] The court administrator of district 2.25 court or any other court of competent jurisdiction shall report 2.26 to the board any judgment or other determination of the court 2.27 that adjudges or includes a finding that a licensee is a person 2.28 who is mentally ill, mentally incompetent, guilty of a felony, 2.29 guilty of a violation of federal or state narcotics laws or 2.30 controlled substances act, or guilty of an abuse or fraud under 2.31 Medicare or Medicaid; or that appoints a guardian of the 2.32 licensee pursuant to sections 525.54 to 525.61 or commits a 2.33 licensee pursuant to chapter 253B. 2.34 Sec. 4. Minnesota Statutes 2000, section 148B.283, 2.35 subdivision 7, is amended to read: 2.36 Subd. 7. [COURTS.] The court administrator of district 3.1 court or any other court of competent jurisdiction shall report 3.2 to the board any judgment or other determination of the court 3.3 that adjudges or includes a finding that an applicant or a 3.4 licensee is a person who is mentally ill, mentally incompetent, 3.5 guilty of a felony, guilty of a violation of federal or state 3.6 narcotics laws or controlled substances act, or guilty of an 3.7 abuse or fraud under Medicare or Medicaid; or that appoints a 3.8 guardian of the applicant or licensee pursuant to sections 3.9 525.54 to 525.61 or commits an applicant or a licensee pursuant 3.10 to chapter 253B. 3.11 Sec. 5. Minnesota Statutes 2000, section 148C.09, 3.12 subdivision 1, is amended to read: 3.13 Subdivision 1. [GROUNDS.] The commissioner may refuse to 3.14 grant a license to, or may suspend, revoke, or restrict the 3.15 license of an individual if the commissioner determines that a 3.16 licensee or applicant: 3.17 (1) is incompetent to engage in alcohol and drug counseling 3.18 practice or is found to be engaged in alcohol and drug 3.19 counseling practice in a manner harmful or dangerous to a client 3.20 or the public; 3.21 (2) has violated the rules of the commissioner or the 3.22 statutes the commissioner is empowered to enforce; or any law, 3.23 rule order, stipulation and consent order, agreement, or 3.24 settlement; 3.25 (3) has obtained or attempted to obtain a license or 3.26 license renewal by bribery or fraudulent misrepresentation; 3.27 (4) has knowingly made a false statement on the form 3.28 required to be submitted to the commissioner for licensing or 3.29 license renewal; 3.30 (5) has failed to obtain continuing education credits 3.31 required by the commissioner; 3.32 (6) has failed to demonstrate the qualifications or satisfy 3.33 the requirements for a license contained in this chapter or 3.34 rules of the commissioner. The burden of proof shall be upon 3.35 the applicant to demonstrate qualifications or satisfaction of 3.36 requirements; 4.1 (7) has been convicted of a crime, including a finding or 4.2 verdict of guilt, an admission of guilt, or a no contest plea, 4.3 in any court in Minnesota or any other jurisdiction in the 4.4 United States, reasonably related to the provision of alcohol 4.5 and drug counseling services. Conviction, as used in this 4.6 subdivision, includes conviction of an offense which, if 4.7 committed in this state, would be deemed a felony or gross 4.8 misdemeanor without regard to its designation elsewhere, or a 4.9 criminal proceeding where a finding or verdict of guilty is made 4.10 or returned but the adjudication of guilt is either withheld or 4.11 not entered; 4.12 (8) has been convicted of a crime against another person. 4.13 For purposes of this chapter, a crime against another person 4.14 means an offense listed in section 148B.68, subdivision 1, 4.15 paragraph (b); 4.16 (9) has failed to comply with the self-reporting 4.17 requirements of section 148C.095, subdivision 7; 4.18 (10) has engaged in sexual contact with a client, or a 4.19 former client, as defined in section 148A.01, or has engaged in 4.20 conduct that may be reasonably interpreted by a client as 4.21 sexual, or has engaged in any verbal behavior that is seductive 4.22 or sexually demeaning to the client, or has engaged in sexual 4.23 exploitation of a client or former client; 4.24 (11) has engaged in false, fraudulent, deceptive, or 4.25 misleading advertising; 4.26 (12) has engaged in conduct likely to deceive, defraud, or 4.27 harm the public; or has demonstrated a willful or careless 4.28 disregard for the health, welfare, or safety of a client; or any 4.29 other practice that may create unnecessary danger to any 4.30 client's life, health, or safety, in any of which cases, proof 4.31 of actual injury need not be established; 4.32 (13) has been adjudicated as mentally incompetent, or as a 4.33 person who has a psychopathic personality, or who is dangerous 4.34 to self, or has been adjudicated as a person who is chemically 4.35 dependent, mentally ill, mentally retarded, or mentally ill and 4.36 dangerous to the public pursuant to chapter 253B; 5.1 (14) is unable to provide alcohol and drug counseling 5.2 services with reasonable safety to clients; 5.3 (15) has habitually overindulged in the use of or the 5.4 dependence on alcohol within the past two years; 5.5 (16) has engaged in the improper or unauthorized personal 5.6 or other use of any legend drugs as defined in section 151.01, 5.7 any chemicals as defined in section 151.01, or any controlled 5.8 substance as defined in section 152.01 within the past two 5.9 years; 5.10 (17) reveals a communication from, or relating to, a client 5.11 except when required or permitted by law; 5.12 (18) fails to comply with a client's request for health 5.13 records made under section 144.335, or to furnish a client 5.14 record or report required by law; 5.15 (19) has engaged in fee splitting or promises to pay a 5.16 portion of a fee to any other professional other than for 5.17 services rendered by the other professional to the client; 5.18 (20) has engaged in abusive or fraudulent billing 5.19 practices, including violations of the federal Medicare and 5.20 Medicaid laws or state medical assistance laws; 5.21 (21) fails to make reports as required by section 148C.095, 5.22 or cooperate with an investigation of the commissioner; 5.23 (22) obtains money, property, or services from a client, 5.24 other than reasonable fees for services provided to the client, 5.25 through the use of undue influence, harassment, duress, 5.26 deception, or fraud; 5.27 (23) undertakes or continues a professional relationship 5.28 with a client in which the objectivity of the alcohol and drug 5.29 counselor may be impaired; 5.30 (24) engages in conduct that constitutes grounds for 5.31 discipline as established by the commissioner in rule; or 5.32 (25) engages in bartering for services with a client. 5.33 Sec. 6. Minnesota Statutes 2000, section 149A.61, 5.34 subdivision 5, is amended to read: 5.35 Subd. 5. [COURTS.] The court administrator of district 5.36 court or any court of competent jurisdiction shall report to the 6.1 commissioner any judgment or other determination of the court 6.2 that adjudges or includes a finding that a licensee or intern is 6.3 a person who is mentally ill, mentally incompetent, guilty of a 6.4 felony or gross misdemeanor, guilty of violations of federal or 6.5 state narcotics laws or controlled substances acts; appoints a 6.6 guardian or conservator for the licensee or intern; or commits a 6.7 licensee or intern. 6.8 Sec. 7. Minnesota Statutes 2000, section 153.19, 6.9 subdivision 1, is amended to read: 6.10 Subdivision 1. [GROUNDS LISTED.] The board may refuse to 6.11 grant a license or may impose disciplinary action as described 6.12 in this section against any doctor of podiatric medicine. The 6.13 following conduct is prohibited and is grounds for disciplinary 6.14 action: 6.15 (1) failure to demonstrate the qualifications or satisfy 6.16 the requirements for a license contained in this chapter or 6.17 rules of the board; the burden of proof shall be upon the 6.18 applicant to demonstrate the qualifications or satisfaction of 6.19 the requirements; 6.20 (2) obtaining a license by fraud or cheating or attempting 6.21 to subvert the licensing examination process; 6.22 (3) conviction, during the previous five years, of a felony 6.23 reasonably related to the practice of podiatric medicine; 6.24 (4) revocation, suspension, restriction, limitation, or 6.25 other disciplinary action against the person's podiatric medical 6.26 license in another state or jurisdiction, failure to report to 6.27 the board that charges regarding the person's license have been 6.28 brought in another state or jurisdiction, or having been refused 6.29 a license by any other state or jurisdiction; 6.30 (5) advertising that is false or misleading; 6.31 (6) violating a rule adopted by the board or an order of 6.32 the board, a state, or federal law that relates to the practice 6.33 of podiatric medicine, or in part regulates the practice of 6.34 podiatric medicine, or a state or federal narcotics or 6.35 controlled substance law; 6.36 (7) engaging in any unethical conduct; conduct likely to 7.1 deceive, defraud, or harm the public, or demonstrating a willful 7.2 or careless disregard for the health, welfare, or safety of a 7.3 patient; or podiatric medical practice that is professionally 7.4 incompetent, in that it may create unnecessary danger to any 7.5 patient's life, health, or safety, in any of which cases, proof 7.6 of actual injury need not be established; 7.7 (8) failure to supervise a preceptor or resident; 7.8 (9) aiding or abetting an unlicensed person in the practice 7.9 of podiatric medicine, except that it is not a violation of this 7.10 clause for a podiatrist to employ, supervise, or delegate 7.11 functions to a qualified person who may or may not be required 7.12 to obtain a license or registration to provide health services 7.13 if that person is practicing within the scope of that person's 7.14 license or registration or delegated authority; 7.15 (10) adjudication as mentally incompetent, or a person who 7.16 is mentally ill, or as a chemically dependent person, a person 7.17 dangerous to the public, a sexually dangerous person, or a 7.18 person who has a sexual psychopathic personality by a court of 7.19 competent jurisdiction, within or without this state; 7.20 (11) engaging in unprofessional conduct that includes any 7.21 departure from or the failure to conform to the minimal 7.22 standards of acceptable and prevailing podiatric medical 7.23 practice, but actual injury to a patient need not be 7.24 established; 7.25 (12) inability to practice podiatric medicine with 7.26 reasonable skill and safety to patients by reason of illness or 7.27 chemical dependency or as a result of any mental or physical 7.28 condition, including deterioration through the aging process or 7.29 loss of motor skills; 7.30 (13) revealing a privileged communication from or relating 7.31 to a patient except when otherwise required or permitted by law; 7.32 (14) improper management of medical records, including 7.33 failure to maintain adequate medical records, to comply with a 7.34 patient's request made under section 144.335 or to furnish a 7.35 medical record or report required by law; 7.36 (15) accepting, paying, or promising to pay a part of a fee 8.1 in exchange for patient referrals; 8.2 (16) engaging in abusive or fraudulent billing practices, 8.3 including violations of the federal Medicare and Medicaid laws 8.4 or state medical assistance laws; 8.5 (17) becoming addicted or habituated to a drug or 8.6 intoxicant; 8.7 (18) prescribing a drug for other than medically accepted 8.8 therapeutic or experimental or investigative purposes authorized 8.9 by a state or federal agency; 8.10 (19) engaging in sexual conduct with a patient or conduct 8.11 that may reasonably be interpreted by the patient as sexual, or 8.12 in verbal behavior which is seductive or sexually demeaning to a 8.13 patient; 8.14 (20) failure to make reports as required by section 153.24 8.15 or to cooperate with an investigation of the board as required 8.16 by section 153.20; 8.17 (21) knowingly providing false or misleading information 8.18 that is directly related to the care of that patient unless done 8.19 for an accepted therapeutic purpose such as the administration 8.20 of a placebo. 8.21 Sec. 8. Minnesota Statutes 2000, section 153.24, 8.22 subdivision 5, is amended to read: 8.23 Subd. 5. [COURTS.] The court administrators of the 8.24 district courts or any other court of competent jurisdiction 8.25 shall report to the board any judgment or other determination of 8.26 the court that adjudges or includes a finding that a podiatrist 8.27 is a person who is mentally ill, mentally incompetent, guilty of 8.28 a felony, or guilty of a violation of federal or state narcotics 8.29 laws or controlled substances act, guilty of an abuse or fraud 8.30 under Medicare or Medicaid, appoints a guardian of the 8.31 podiatrist under sections 525.54 to 525.61 or commits a 8.32 podiatrist under chapter 253B. 8.33 Sec. 9. Minnesota Statutes 2000, section 156.081, 8.34 subdivision 2, is amended to read: 8.35 Subd. 2. [CAUSES.] The board may revoke, suspend, or 8.36 impose limitations upon a license for any of the following 9.1 causes: 9.2 (1) the employment of fraud, misrepresentation or deception 9.3 in obtaining such license; 9.4 (2) being convicted of a felony or gross misdemeanor, 9.5 including a finding or verdict of guilt, whether or not the 9.6 adjudication of guilt is withheld or not entered, an admission 9.7 of guilt, or a no contest plea, as evidenced by a certified copy 9.8 of the conviction; 9.9 (3) being unable to practice with reasonable skill and 9.10 safety by reason of illness, use of alcohol, drugs, chemicals, 9.11 or any other materials, or as a result of any mental or physical 9.12 condition; 9.13 (4) existence of a professional connection with or the 9.14 lending of one's name to any illegal practitioner of veterinary 9.15 medicine; 9.16 (5) having been the subject of revocation, suspension, or 9.17 surrender of a veterinary license in resolution of a complaint 9.18 or other adverse action related to licensure in another 9.19 jurisdiction or country; 9.20 (6) violating a state or federal narcotics or controlled 9.21 substance law irrespective of any proceedings under section 9.22 152.18 or federal law; 9.23 (7) fraudulently conducting or reporting results of 9.24 physical examinations or biological tests used to detect and 9.25 prevent the dissemination of animal diseases, transportation of 9.26 diseased animals, or distribution of contaminated, infected, or 9.27 inedible animal products, or failing to report, as required by 9.28 law, any contagious or infectious disease; 9.29 (8) engaging in false, fraudulent, deceptive, or misleading 9.30 advertising; 9.31 (9) conviction on a charge of cruelty to animals; 9.32 (10) failure, after written notification by the board, to 9.33 keep one's premises and all equipment therein in a clean and 9.34 sanitary condition, according to reasonable standards adopted by 9.35 the board; 9.36 (11) fraud, deception, or incompetence in the practice of 10.1 veterinary medicine, including any departure from or failure to 10.2 conform to the minimum standards of acceptable and prevailing 10.3 practice without actual injury having to be established; 10.4 (12) engaging in unprofessional conduct as defined in rules 10.5 adopted by the board or engaging in conduct which violates any 10.6 statute or rule promulgated by the board or any board order; 10.7 (13) being adjudicated by a court of competent 10.8 jurisdiction, within or without this state, as a person who is 10.9 incapacitated, mentally incompetent or mentally ill, chemically 10.10 dependent, mentally ill and dangerous to the public, or a 10.11 psychopathic personality; 10.12 (14) revealing a privileged communication from or relating 10.13 to a client except when otherwise required or permitted by law; 10.14 (15) obtaining money, property, or services from a client 10.15 through the use of undue influence, harassment, duress, 10.16 deception, or fraud or through the improper use of the regulated 10.17 individual's position as a professional; 10.18 (16) practicing outside the scope of practice authorized by 10.19 the board's practice act; or 10.20 (17) making a false statement or misrepresentation to the 10.21 board. 10.22 Sec. 10. Minnesota Statutes 2000, section 156.122, is 10.23 amended to read: 10.24 156.122 [COURTS TO REPORT.] 10.25 The court administrator shall report to the board a 10.26 judgment or finding by a court that a person regulated by the 10.27 board: 10.28 (1) is a person who is mentally ill, chemically dependent, 10.29 mentally ill and dangerous to the public, or is a sexual 10.30 psychopathic personality or sexually dangerous person under 10.31 chapter 253B or other applicable law; 10.32 (2) is guilty of a felony or gross misdemeanor; violation 10.33 of a law involving the use, possession, or sale of a controlled 10.34 substance; or operating a motor vehicle under the influence of 10.35 alcohol or a controlled substance; or 10.36 (3) is in need of a guardian of the person under sections 11.1 525.54 to 525.61. 11.2 Sec. 11. Minnesota Statutes 2001 Supplement, section 11.3 241.69, subdivision 2, is amended to read: 11.4 Subd. 2. [EXAMINATION.] When any person confined in an 11.5 adult correctional institution under the control of the 11.6 commissioner of corrections is alleged to be a person who is 11.7 mentally ill person, the director of psychological services, or 11.8 warden or other person in charge of the institution shall cause 11.9 the person to be examined by a licensed physician especially 11.10 qualified in the diagnosis of mental illness, or, if none is 11.11 available, by any licensed physician or licensed mental health 11.12 professional available to the institution. 11.13 Sec. 12. Minnesota Statutes 2001 Supplement, section 11.14 241.69, subdivision 3, is amended to read: 11.15 Subd. 3. [TRANSFER.] If the licensed mental health 11.16 professional finds the person to be a person who is mentally ill 11.17 and in need of short-term care, the examining health care 11.18 professional may recommend transfer by the commissioner of 11.19 corrections to the mental health unit established pursuant to 11.20 subdivision 1. 11.21 Sec. 13. Minnesota Statutes 2001 Supplement, section 11.22 241.69, subdivision 4, is amended to read: 11.23 Subd. 4. [COMMITMENT.] If the examining health care 11.24 professional or licensed mental health professional finds the 11.25 person to be a person who is mentally ill and in need of long11.26 termlong-term care in a hospital, or if an inmate transferred 11.27 pursuant to subdivision 3 refuses to voluntarily participate in 11.28 the treatment program at the mental health unit, the director of 11.29 psychological services of the institution or the mental health 11.30 professional shall initiate proceedings for judicial commitment 11.31 as provided in section 253B.07. Upon the recommendation of the 11.32 licensed mental health professional and upon completion of the 11.33 hearing and consideration of the record, the court may commit 11.34 the person to the mental health unit established in subdivision 11.35 1 or to another hospital. A person confined in a state 11.36 correctional institution for adults who has been adjudicated to 12.1 be a person who is mentally ill and in need of treatment may be 12.2 committed to the commissioner of corrections and placed in the 12.3 mental health unit established in subdivision 1. 12.4 Sec. 14. Minnesota Statutes 2001 Supplement, section 12.5 241.69, subdivision 5, is amended to read: 12.6 Subd. 5. [DISCHARGE.] The director of psychological 12.7 services of the mental health unit established under this 12.8 section may, subject to the provisions of chapter 253B, 12.9 provisionally discharge any inmate patient admitted as a person 12.10 who is mentally ill without discharging the commitment and order 12.11 the inmate patient's release into the general population of the 12.12 institution from which admitted, subject to return to the 12.13 facility for further treatment. 12.14 When the director of psychological services of the facility 12.15 certifies that a patient is no longer in need of institutional 12.16 care for mental illness the director of psychological services 12.17 shall discharge the patient to the institution from which 12.18 committed, and the discharge shall also discharge the mental 12.19 illness commitment. 12.20 A copy of the certification that the inmate is no longer in 12.21 need of care for mental illness shall be transmitted to the 12.22 commissioner of corrections. The commissioner of corrections 12.23 shall give serious consideration to the aforementioned 12.24 certification for purposes of their supervision over the inmate 12.25 upon the inmate's release. 12.26 Sec. 15. Minnesota Statutes 2000, section 245.462, 12.27 subdivision 20, is amended to read: 12.28 Subd. 20. [MENTAL ILLNESS.] (a) "Mental illness" means an 12.29 organic disorder of the brain or a clinically significant 12.30 disorder of thought, mood, perception, orientation, memory, or 12.31 behavior that is listed in the clinical manual of the 12.32 International Classification of Diseases (ICD-9-CM), current 12.33 edition, code range 290.0 to 302.99 or 306.0 to 316.0 or the 12.34 corresponding code in the American Psychiatric Association's 12.35 Diagnostic and Statistical Manual of Mental Disorders (DSM-MD), 12.36 current edition, Axes I, II, or III, and that seriously limits a 13.1 person's capacity to function in primary aspects of daily living 13.2 such as personal relations, living arrangements, work, and 13.3 recreation. 13.4 (b) An "adult with acute mental illness" means an adult who 13.5 has a mental illness that is serious enough to require prompt 13.6 intervention. 13.7 (c) For purposes of case management and community support 13.8 services, a "person with serious and persistent mental illness" 13.9 means an adult who has a mental illness and meets at least one 13.10 of the following criteria: 13.11 (1) the adult has undergone two or more episodes of 13.12 inpatient care for a mental illness within the preceding 24 13.13 months; 13.14 (2) the adult has experienced a continuous psychiatric 13.15 hospitalization or residential treatment exceeding six months' 13.16 duration within the preceding 12 months; 13.17 (3) the adult: 13.18 (i) has a diagnosis of schizophrenia, bipolar disorder, 13.19 major depression, or borderline personality disorder; 13.20 (ii) indicates a significant impairment in functioning; and 13.21 (iii) has a written opinion from a mental health 13.22 professional, in the last three years, stating that the adult is 13.23 reasonably likely to have future episodes requiring inpatient or 13.24 residential treatment, of a frequency described in clause (1) or 13.25 (2), unless ongoing case management or community support 13.26 services are provided; 13.27 (4) the adult has, in the last three years, been committed 13.28 by a court as a person who is mentally ill personunder chapter 13.29 253B, or the adult's commitment has been stayed or continued; or 13.30 (5) the adult (i) was eligible under clauses (1) to (4), 13.31 but the specified time period has expired or the adult was 13.32 eligible as a child under section 245.4871, subdivision 6; and 13.33 (ii) has a written opinion from a mental health professional, in 13.34 the last three years, stating that the adult is reasonably 13.35 likely to have future episodes requiring inpatient or 13.36 residential treatment, of a frequency described in clause (1) or 14.1 (2), unless ongoing case management or community support 14.2 services are provided. 14.3 Sec. 16. Minnesota Statutes 2000, section 253.015, 14.4 subdivision 2, is amended to read: 14.5 Subd. 2. [PLAN FOR NEEDED REGIONAL TREATMENT CENTER 14.6 SERVICES.] (a) By January 30, 1990, the commissioner shall 14.7 develop and submit to the legislature a plan to implement a 14.8 program for persons in southeastern Minnesota who are mentally 14.9 ill. 14.10 (b) By January 1, 1990, the commissioner shall develop a 14.11 plan to establish a comprehensive brain injury treatment program 14.12 at the Faribault regional center site to meet the needs of 14.13 people with brain injuries in Minnesota. The program shall 14.14 provide postacute, community integration and family support 14.15 services for people with brain injuries which have resulted in 14.16 behavior, cognitive, emotional, communicative and mobility 14.17 impairments or deficits. The plan shall include development of 14.18 a brain injury residential unit, a functional evaluation 14.19 outpatient clinic and an adaptive equipment center within the 14.20 outpatient clinic. Health care services already available at 14.21 the regional center or from the Faribault community must be 14.22 utilized, and the plan shall include provisions and cost 14.23 estimates for capital improvements, staff retraining, and 14.24 program start-up costs. 14.25 (c) By January 1, 1990, the commissioner shall develop a 14.26 plan to establish 35 auxiliary beds at Brainerd regional 14.27 treatment center for the Minnesota security hospital. The 14.28 commissioner shall develop secure beds for mentally illpersons 14.29 who are mentally ill as authorized in the worksheets of the 14.30 house appropriations and senate finance committees. The 14.31 commissioner shall finance the purchase or construction of these 14.32 beds with the Minnesota housing finance agency. The 14.33 commissioner shall make payments through the department of 14.34 administration to the Minnesota housing finance agency in 14.35 repayment of mortgage loans granted for the purposes of this 14.36 section. 15.1 Sec. 17. Minnesota Statutes 2000, section 253.21, is 15.2 amended to read: 15.3 253.21 [COMMITMENT; PROCEEDINGS; RESTORATION OF MENTAL 15.4 HEALTH.] 15.5 When any person confined in the Minnesota correctional 15.6 facility-Stillwater or the Minnesota correctional facility-St. 15.7 Cloud is alleged to be mentally ill, the chief executive officer 15.8 or other person in charge shall forthwith notify the 15.9 commissioner of human services, who shall cause the prisoner to 15.10 be examined by the court exercising probate jurisdiction of the 15.11 county where the prisoner is confined, as in the case of other 15.12 mentally illpersons who are mentally ill. In case the prisoner 15.13 is found to be mentally ill, the prisoner shall be transferred 15.14 by the order of the court to the Minnesota Security Hospital or 15.15 to a state hospital for people who are mentally ill peoplein 15.16 the discretion of the court, there to be kept and maintained as 15.17 in the case of other mentally illpersons who are mentally ill. 15.18 If, in the judgment of the chief executive officer, the 15.19 prisoner's mental health is restored before the period of 15.20 commitment to the penal institution has expired, the prisoner 15.21 shall be removed by the commissioner, upon the certificate of 15.22 the chief executive officer, to the institution whence the 15.23 prisoner came to complete the sentence. 15.24 Sec. 18. Minnesota Statutes 2001 Supplement, section 15.25 253B.02, subdivision 13, is amended to read: 15.26 Subd. 13. [PERSON WHO IS MENTALLY ILL PERSON.] 15.27 (a) A "person who is mentally ill person" means any person who 15.28 has an organic disorder of the brain or a substantial 15.29 psychiatric disorder of thought, mood, perception, orientation, 15.30 or memory which grossly impairs judgment, behavior, capacity to 15.31 recognize reality, or to reason or understand, which is 15.32 manifested by instances of grossly disturbed behavior or faulty 15.33 perceptions and poses a substantial likelihood of physical harm 15.34 to self or others as demonstrated by: 15.35 (1) a failure to obtain necessary food, clothing, shelter, 15.36 or medical care as a result of the impairment; 16.1 (2) an inability for reasons other than indigence to obtain 16.2 necessary food, clothing, shelter, or medical care as a result 16.3 of the impairment and it is more probable than not that the 16.4 person will suffer substantial harm, significant psychiatric 16.5 deterioration or debilitation, or serious illness, unless 16.6 appropriate treatment and services are provided; 16.7 (3) a recent attempt or threat to physically harm self or 16.8 others; or 16.9 (4) recent and volitional conduct involving significant 16.10 damage to substantial property. 16.11 (b) A person is not mentally ill under this section if the 16.12 impairment is solely due to: 16.13 (1) epilepsy; 16.14 (2) mental retardation; 16.15 (3) brief periods of intoxication caused by alcohol, drugs, 16.16 or other mind-altering substances; or 16.17 (4) dependence upon or addiction to any alcohol, drugs, or 16.18 other mind-altering substances. 16.19 Sec. 19. Minnesota Statutes 2000, section 253B.02, 16.20 subdivision 17, is amended to read: 16.21 Subd. 17. [PERSON WHO IS MENTALLY ILL AND DANGEROUS TO THE 16.22 PUBLIC.] A "person who is mentally ill and dangerous to the 16.23 public" is a person (a) who is mentally ill; and (b) who as a 16.24 result of that mental illness presents a clear danger to the 16.25 safety of others as demonstrated by the facts that (i) the 16.26 person has engaged in an overt act causing or attempting to 16.27 cause serious physical harm to another and (ii) there is a 16.28 substantial likelihood that the person will engage in acts 16.29 capable of inflicting serious physical harm on another. A 16.30 person committed as a sexual psychopathic personality or 16.31 sexually dangerous person as defined in subdivisions 18a and 18b 16.32 is subject to the provisions of this chapter that apply to 16.33 persons who are mentally ill and dangerous to the public. 16.34 Sec. 20. Minnesota Statutes 2000, section 253B.02, 16.35 subdivision 18, is amended to read: 16.36 Subd. 18. [REGIONAL TREATMENT CENTER.] "Regional treatment 17.1 center" means any state-operated facility for persons who are 17.2 mentally ill, mentally retarded, or chemically dependent persons17.3 which isunder the direct administrative authority of the 17.4 commissioner. 17.5 Sec. 21. Minnesota Statutes 2000, section 253B.02, 17.6 subdivision 19, is amended to read: 17.7 Subd. 19. [TREATMENT FACILITY.] "Treatment facility" means 17.8 a hospital, community mental health center, or other treatment 17.9 provider qualified to provide care and treatment for persons who 17.10 are mentally ill, mentally retarded, or chemically 17.11 dependent persons. 17.12 Sec. 22. Minnesota Statutes 2000, section 253B.06, 17.13 subdivision 1, is amended to read: 17.14 Subdivision 1. [PERSONS WHO ARE MENTALLY ILL AND MENTALLY 17.15 RETARDED PERSONS.] Every patient hospitalized as mentally ill or 17.16 mentally retarded pursuant to section 253B.04 or 253B.05 must be 17.17 examined by a physician as soon as possible but no more than 48 17.18 hours following admission. The physician shall be knowledgeable 17.19 and trained in the diagnosis of the alleged disability related 17.20 to the need for admission as a person who is mentally ill or 17.21 mentally retarded person. 17.22 Sec. 23. Minnesota Statutes 2001 Supplement, section 17.23 253B.09, subdivision 1, is amended to read: 17.24 Subdivision 1. [STANDARD OF PROOF.] (a) If the court finds 17.25 by clear and convincing evidence that the proposed patient is 17.26 a person who is mentally ill, mentally retarded, or chemically 17.27 dependent personand after careful consideration of reasonable 17.28 alternative dispositions, including but not limited to, 17.29 dismissal of petition, voluntary outpatient care, voluntary 17.30 admission to a treatment facility, appointment of a guardian or 17.31 conservator, or release before commitment as provided for in 17.32 subdivision 4, it finds that there is no suitable alternative to 17.33 judicial commitment, the court shall commit the patient to the 17.34 least restrictive treatment program or alternative programs 17.35 which can meet the patient's treatment needs consistent with 17.36 section 253B.03, subdivision 7. 18.1 (b) In deciding on the least restrictive program, the court 18.2 shall consider a range of treatment alternatives including, but 18.3 not limited to, community-based nonresidential treatment, 18.4 community residential treatment, partial hospitalization, acute 18.5 care hospital, and regional treatment center services. The 18.6 court shall also consider the proposed patient's treatment 18.7 preferences and willingness to participate voluntarily in the 18.8 treatment ordered. The court may not commit a patient to a 18.9 facility or program that is not capable of meeting the patient's 18.10 needs. 18.11 (c) If the court finds a proposed patient to be a person 18.12 who is mentally ill personunder section 253B.02, subdivision 18.13 13, paragraph (a), clause (2) or (4), the court shall commit to 18.14 a community-based program that meets the proposed patient's 18.15 needs. 18.16 Sec. 24. Minnesota Statutes 2000, section 253B.12, 18.17 subdivision 1, is amended to read: 18.18 Subdivision 1. [REPORTS.] (a) If a patient who was 18.19 committed as a person who is mentally ill, mentally retarded, or 18.20 chemically dependent is discharged from commitment within the 18.21 first 60 days after the date of the initial commitment order, 18.22 the head of the treatment facility shall file a written report 18.23 with the committing court describing the patient's need for 18.24 further treatment. A copy of the report must be provided to the 18.25 county attorney, the patient, and the patient's counsel. 18.26 (b) If a patient who was committed as a person who is 18.27 mentally ill, mentally retarded, or chemically dependent remains 18.28 in treatment more than 60 days after the date of the commitment, 18.29 then at least 60 days, but not more than 90 days, after the date 18.30 of the order, the head of the facility that has custody of the 18.31 patient shall file a written report with the committing court 18.32 and provide a copy to the county attorney, the patient, and the 18.33 patient's counsel. The report must set forth in detailed 18.34 narrative form at least the following: 18.35 (1) the diagnosis of the patient with the supporting data; 18.36 (2) the anticipated discharge date; 19.1 (3) an individualized treatment plan; 19.2 (4) a detailed description of the discharge planning 19.3 process with suggested after care plan; 19.4 (5) whether the patient is in need of further care and 19.5 treatment, the treatment facility which is needed, and evidence 19.6 to support the response; 19.7 (6) whether the patient satisfies the statutory requirement 19.8 for continued commitment to a treatment facility, with 19.9 documentation to support the opinion; and 19.10 (7) whether the administration of neuroleptic medication is 19.11 clinically indicated, whether the patient is able to give 19.12 informed consent to that medication, and the basis for these 19.13 opinions. 19.14 (c) Prior to the termination of the initial commitment 19.15 order or final discharge of the patient, the head of the 19.16 treatment facility that has custody or care of the patient shall 19.17 file a written report with the committing court with a copy to 19.18 the county attorney, the patient, and the patient's counsel that 19.19 sets forth the information required in paragraph (b). 19.20 (d) If the patient has been provisionally discharged from a 19.21 treatment facility, the report shall be filed by the designated 19.22 agency, which may submit the discharge report as part of its 19.23 report. 19.24 (e) If no written report is filed within the required time, 19.25 or if a report describes the patient as not in need of further 19.26 institutional care and treatment, the proceedings must be 19.27 terminated by the committing court and the patient discharged 19.28 from the treatment facility. 19.29 Sec. 25. Minnesota Statutes 2000, section 253B.141, 19.30 subdivision 2, is amended to read: 19.31 Subd. 2. [APPREHENSION; RETURN TO FACILITY.] (a) Upon 19.32 receiving the report of absence from the head of the treatment 19.33 facility or the committing court, a patient may be apprehended 19.34 and held by a peace officer in any jurisdiction pending return 19.35 to the facility from which the patient is absent without 19.36 authorization. A patient may also be returned to any facility 20.1 operated by the commissioner. A person who is mentally ill and 20.2 dangerous person, a sexual psychopathic personality patient, or 20.3 a sexually dangerous person committed under section 253B.18 and 20.4 detained under this subdivision may be held in a jail or lockup 20.5 only if: 20.6 (1) there is no other feasible place of detention for the 20.7 patient; 20.8 (2) the detention is for less than 24 hours; and 20.9 (3) there are protections in place, including segregation 20.10 of the patient, to ensure the safety of the patient. 20.11 (b) If a patient is detained under this subdivision, the 20.12 head of the treatment facility from which the patient is absent 20.13 shall arrange to pick up the patient within 24 hours of the time 20.14 detention was begun and shall be responsible for securing 20.15 transportation for the patient to the facility. The expense of 20.16 detaining and transporting a patient shall be the responsibility 20.17 of the treatment facility from which the patient is absent. The 20.18 expense of detaining and transporting a patient to a treatment 20.19 facility operated by the department of human services shall be 20.20 paid by the commissioner unless paid by the patient or persons 20.21 on behalf of the patient. 20.22 Sec. 26. Minnesota Statutes 2000, section 253B.15, 20.23 subdivision 1, is amended to read: 20.24 Subdivision 1. [PROVISIONAL DISCHARGE.] The head of the 20.25 treatment facility may provisionally discharge any patient 20.26 without discharging the commitment, unless the patient was found 20.27 by the committing court to be a person who is mentally ill and 20.28 dangerous to the public. 20.29 Each patient released on provisional discharge shall have a 20.30 written aftercare plan developed which specifies the services 20.31 and treatment to be provided as part of the aftercare plan, the 20.32 financial resources available to pay for the services specified, 20.33 the expected period of provisional discharge, the precise goals 20.34 for the granting of a final discharge, and conditions or 20.35 restrictions on the patient during the period of the provisional 20.36 discharge. The aftercare plan shall be provided to the patient, 21.1 the patient's attorney, and the designated agency. 21.2 The aftercare plan shall be reviewed on a quarterly basis 21.3 by the patient, designated agency and other appropriate persons. 21.4 The aftercare plan shall contain the grounds upon which a 21.5 provisional discharge may be revoked. The provisional discharge 21.6 shall terminate on the date specified in the plan unless 21.7 specific action is taken to revoke or extend it. 21.8 Sec. 27. Minnesota Statutes 2000, section 253B.16, 21.9 subdivision 1, is amended to read: 21.10 Subdivision 1. [DATE.] The head of a treatment facility 21.11 shall discharge any patient admitted as a person who is mentally 21.12 ill, chemically dependent, or a person with mental retardation 21.13 admitted under Minnesota Rules of Criminal Procedure, rules 21.14 20.01 and 20.02, to the secure bed component of the Minnesota 21.15 extended treatment options when the head of the facility 21.16 certifies that the person is no longer in need of care and 21.17 treatment or at the conclusion of any period of time specified 21.18 in the commitment order, whichever occurs first. The head of a 21.19 treatment facility shall discharge any person admitted as 21.20 mentally retarded, except those admitted under Minnesota Rules 21.21 of Criminal Procedure, rules 20.01 and 20.02, to the secure bed 21.22 component of the Minnesota extended treatment options, when that 21.23 person's screening team has determined, under section 256B.092, 21.24 subdivision 8, that the person's needs can be met by services 21.25 provided in the community and a plan has been developed in 21.26 consultation with the interdisciplinary team to place the person 21.27 in the available community services. 21.28 Sec. 28. Minnesota Statutes 2000, section 253B.17, 21.29 subdivision 1, is amended to read: 21.30 Subdivision 1. [PETITION.] Any patient, except one 21.31 committed as a person who is mentally ill and dangerous to the 21.32 public or as a sexually dangerous person or person with a sexual 21.33 psychopathic personality as provided in section 253B.18, 21.34 subdivision 3, or any interested person may petition the 21.35 committing court or the court to which venue has been 21.36 transferred for an order that the patient is not in need of 22.1 continued care and treatment or for an order that an individual 22.2 is no longer a person who is mentally ill, mentally retarded, or 22.3 chemically dependent, or for any other relief. A patient 22.4 committed as a person who is mentally ill or mentally ill and 22.5 dangerous may petition the committing court or the court to 22.6 which venue has been transferred for a hearing concerning the 22.7 administration of neuroleptic medication. 22.8 Sec. 29. Minnesota Statutes 2000, section 253B.18, 22.9 subdivision 1, is amended to read: 22.10 Subdivision 1. [PROCEDURE.] (a) Upon the filing of a 22.11 petition alleging that a proposed patient is a person who is 22.12 mentally ill and dangerous to the public, the court shall hear 22.13 the petition as provided in sections 253B.07 and 253B.08. If 22.14 the court finds by clear and convincing evidence that the 22.15 proposed patient is a person who is mentally ill and dangerous 22.16 to the public, it shall commit the person to a secure treatment 22.17 facility or to a treatment facility willing to accept the 22.18 patient under commitment. The court shall commit the patient to 22.19 a secure treatment facility unless the patient establishes by 22.20 clear and convincing evidence that a less restrictive treatment 22.21 program is available that is consistent with the patient's 22.22 treatment needs and the requirements of public safety. In any 22.23 case where the petition was filed immediately following the 22.24 acquittal of the proposed patient for a crime against the person 22.25 pursuant to a verdict of not guilty by reason of mental illness, 22.26 the verdict constitutes evidence that the proposed patient is a 22.27 person who is mentally ill and dangerous within the meaning of 22.28 this section. The proposed patient has the burden of going 22.29 forward in the presentation of evidence. The standard of proof 22.30 remains as required by this chapter. Upon commitment, admission 22.31 procedures shall be carried out pursuant to section 253B.10. 22.32 (b) Once a patient is admitted to a treatment facility 22.33 pursuant to a commitment under this subdivision, treatment must 22.34 begin regardless of whether a review hearing will be held under 22.35 subdivision 2. 22.36 Sec. 30. Minnesota Statutes 2000, section 253B.18, 23.1 subdivision 2, is amended to read: 23.2 Subd. 2. [REVIEW; HEARING.] (a) A written treatment report 23.3 shall be filed by the treatment facility with the committing 23.4 court within 60 days after commitment. If the person is in the 23.5 custody of the commissioner of corrections when the initial 23.6 commitment is ordered under subdivision 1, the written treatment 23.7 report must be filed within 60 days after the person is admitted 23.8 to a secure treatment facility. The court shall hold a hearing 23.9 to make a final determination as to whether the person should 23.10 remain committed as a person who is mentally ill and dangerous 23.11 to the public. The hearing shall be held within the earlier of 23.12 14 days of the court's receipt of the written treatment report, 23.13 or within 90 days of the date of initial commitment or 23.14 admission, unless otherwise agreed by the parties. 23.15 (b) The court may, with agreement of the county attorney 23.16 and attorney for the patient: 23.17 (1) waive the review hearing under this subdivision and 23.18 immediately order an indeterminate commitment under subdivision 23.19 3; or 23.20 (2) continue the review hearing for up to one year. 23.21 (c) If the court finds that the patient should be committed 23.22 as a person who is mentally ill, but not as a person who is 23.23 mentally ill and dangerous to the public, the court may commit 23.24 the person as a person who is mentally ill personand the person 23.25 shall be deemed not to have been found to be dangerous to the 23.26 public for the purposes of subdivisions 4a to 15. Failure of 23.27 the treatment facility to provide the required report at the end 23.28 of the 60-day period shall not result in automatic discharge of 23.29 the patient. 23.30 Sec. 31. Minnesota Statutes 2000, section 253B.18, 23.31 subdivision 3, is amended to read: 23.32 Subd. 3. [INDETERMINATE COMMITMENT.] If the court finds at 23.33 the final determination hearing held pursuant to subdivision 2 23.34 that the patient continues to be a person who is mentally ill 23.35 and dangerous, then the court shall order commitment of the 23.36 proposed patient for an indeterminate period of time. After a 24.1 final determination that a patient is a person who is mentally 24.2 ill and dangerous to the public, the patient shall be 24.3 transferred, provisionally discharged or discharged, only as 24.4 provided in this section. 24.5 Sec. 32. Minnesota Statutes 2000, section 253B.18, 24.6 subdivision 4a, is amended to read: 24.7 Subd. 4a. [RELEASE ON PASS; NOTIFICATION.] A patient who 24.8 has been committed as a person who is mentally ill and dangerous 24.9 and who is confined at a secure treatment facility shall not be 24.10 released on a pass unless the pass is part of a pass plan that 24.11 has been approved by the medical director of the secure 24.12 treatment facility. The pass plan must have a specific 24.13 therapeutic purpose consistent with the treatment plan, must be 24.14 established for a specific period of time, and must have 24.15 specific levels of liberty delineated. The county case manager 24.16 must be invited to participate in the development of the pass 24.17 plan. At least ten days prior to a determination on the plan, 24.18 the medical director shall notify the designated agency, the 24.19 committing court, the county attorney of the county of 24.20 commitment, an interested person, the local law enforcement 24.21 agency in the location where the pass is to occur, the 24.22 petitioner, and the petitioner's counsel of the plan, the nature 24.23 of the passes proposed, and their right to object to the plan. 24.24 If any notified person objects prior to the proposed date of 24.25 implementation, the person shall have an opportunity to appear, 24.26 personally or in writing, before the medical director, within 24.27 ten days of the objection, to present grounds for opposing the 24.28 plan. The pass plan shall not be implemented until the 24.29 objecting person has been furnished that opportunity. Nothing 24.30 in this subdivision shall be construed to give a patient an 24.31 affirmative right to a pass plan. 24.32 Sec. 33. Minnesota Statutes 2000, section 253B.18, 24.33 subdivision 4b, is amended to read: 24.34 Subd. 4b. [PASS-ELIGIBLE STATUS; NOTIFICATION.] The 24.35 following patients committed to a secure treatment facility 24.36 shall not be placed on pass-eligible status unless that status 25.1 has been approved by the medical director of the secure 25.2 treatment facility: 25.3 (a) a patient who has been committed as a person who is 25.4 mentally ill and dangerous and who: 25.5 (1) was found incompetent to proceed to trial for a felony 25.6 or was found not guilty by reason of mental illness of a felony 25.7 immediately prior to the filing of the commitment petition; 25.8 (2) was convicted of a felony immediately prior to or 25.9 during commitment as a person who is mentally ill and dangerous; 25.10 or 25.11 (3) is subject to a commitment to the commissioner of 25.12 corrections; and 25.13 (b) a patient who has been committed as a psychopathic 25.14 personality, a sexually psychopathic personality, or a sexually 25.15 dangerous person. 25.16 At least ten days prior to a determination on the status, 25.17 the medical director shall notify the committing court, the 25.18 county attorney of the county of commitment, the designated 25.19 agency, an interested person, the petitioner, and the 25.20 petitioner's counsel of the proposed status, and their right to 25.21 request review by the special review board. If within ten days 25.22 of receiving notice any notified person requests review by 25.23 filing a notice of objection with the commissioner and the head 25.24 of the treatment facility, a hearing shall be held before the 25.25 special review board. The proposed status shall not be 25.26 implemented unless it receives a favorable recommendation by a 25.27 majority of the board and approval by the commissioner. The 25.28 order of the commissioner is appealable as provided in section 25.29 253B.19. 25.30 Nothing in this subdivision shall be construed to give a 25.31 patient an affirmative right to seek pass-eligible status from 25.32 the special review board. 25.33 Sec. 34. Minnesota Statutes 2000, section 253B.18, 25.34 subdivision 6, is amended to read: 25.35 Subd. 6. [TRANSFER.] A patient who is mentally ill and 25.36 dangerous patientsshall not be transferred out of a secure 26.1 treatment facility unless it appears to the satisfaction of the 26.2 commissioner, after a hearing and favorable recommendation by a 26.3 majority of the special review board, that the transfer is 26.4 appropriate. Transfer may be to other regional centers under 26.5 the commissioner's control. In those instances where a 26.6 commitment also exists to the department of corrections, 26.7 transfer may be to a facility designated by the commissioner of 26.8 corrections. 26.9 The following factors must be considered in determining 26.10 whether a transfer is appropriate: 26.11 (i) the person's clinical progress and present treatment 26.12 needs; 26.13 (ii) the need for security to accomplish continuing 26.14 treatment; 26.15 (iii) the need for continued institutionalization; 26.16 (iv) which facility can best meet the person's needs; and 26.17 (v) whether transfer can be accomplished with a reasonable 26.18 degree of safety for the public. 26.19 Sec. 35. Minnesota Statutes 2000, section 253B.18, 26.20 subdivision 7, is amended to read: 26.21 Subd. 7. [PROVISIONAL DISCHARGE.] A patient who is 26.22 mentally ill and dangerous patientsshall not be provisionally 26.23 discharged unless it appears to the satisfaction of the 26.24 commissioner, after a hearing and a favorable recommendation by 26.25 a majority of the special review board, that the patient is 26.26 capable of making an acceptable adjustment to open society. 26.27 The following factors are to be considered in determining 26.28 whether a provisional discharge shall be recommended: (a) 26.29 whether the patient's course of hospitalization and present 26.30 mental status indicate there is no longer a need for treatment 26.31 and supervision in the patient's current treatment setting; and 26.32 (b) whether the conditions of the provisional discharge plan 26.33 will provide a reasonable degree of protection to the public and 26.34 will enable the patient to adjust successfully to the community. 26.35 Sec. 36. Minnesota Statutes 2000, section 253B.18, 26.36 subdivision 15, is amended to read: 27.1 Subd. 15. [DISCHARGE.] A patient who is mentally ill and 27.2 dangerous patientshall not be discharged unless it appears to 27.3 the satisfaction of the commissioner, after a hearing and a 27.4 favorable recommendation by a majority of the special review 27.5 board, that the patient is capable of making an acceptable 27.6 adjustment to open society, is no longer dangerous to the 27.7 public, and is no longer in need of inpatient treatment and 27.8 supervision. 27.9 In determining whether a discharge shall be recommended, 27.10 the special review board and commissioner shall consider whether 27.11 specific conditions exist to provide a reasonable degree of 27.12 protection to the public and to assist the patient in adjusting 27.13 to the community. If the desired conditions do not exist, the 27.14 discharge shall not be granted. 27.15 Sec. 37. Minnesota Statutes 2000, section 253B.185, 27.16 subdivision 1, is amended to read: 27.17 Subdivision 1. [GENERAL.] Except as otherwise provided in 27.18 this section, the provisions of this chapter pertaining to 27.19 persons who are mentally ill and dangerous to the public apply 27.20 with like force and effect to persons who are alleged or found 27.21 to be sexually dangerous persons or persons with a sexual 27.22 psychopathic personality. Before commitment proceedings are 27.23 instituted, the facts shall first be submitted to the county 27.24 attorney, who, if satisfied that good cause exists, will prepare 27.25 the petition. The county attorney may request a prepetition 27.26 screening report. The petition is to be executed by a person 27.27 having knowledge of the facts and filed with the committing 27.28 court of the county in which the patient has a settlement or is 27.29 present. If the patient is in the custody of the commissioner 27.30 of corrections, the petition may be filed in the county where 27.31 the conviction for which the person is incarcerated was 27.32 entered. Upon the filing of a petition alleging that a proposed 27.33 patient is a sexually dangerous person or is a person with a 27.34 sexual psychopathic personality, the court shall hear the 27.35 petition as provided in section 253B.18. In commitments under 27.36 this section, the court shall commit the patient to a secure 28.1 treatment facility unless the patient establishes by clear and 28.2 convincing evidence that a less restrictive treatment program is 28.3 available that is consistent with the patient's treatment needs 28.4 and the requirements of public safety. 28.5 Sec. 38. Minnesota Statutes 2000, section 253B.19, 28.6 subdivision 2, is amended to read: 28.7 Subd. 2. [PETITION; HEARING.] The committed person or the 28.8 county attorney of the county from which a patient was committed 28.9 as a person who is mentally ill and dangerous to the public, or 28.10 as a sexual psychopathic personality or as a sexually dangerous 28.11 person may petition the appeal panel for a rehearing and 28.12 reconsideration of a decision by the commissioner. The petition 28.13 shall be filed with the supreme court within 30 days after the 28.14 decision of the commissioner is signed. The supreme court shall 28.15 refer the petition to the chief judge of the appeal panel. The 28.16 chief judge shall notify the patient, the county attorney of the 28.17 county of commitment, the designated agency, the commissioner, 28.18 the head of the treatment facility, any interested person, and 28.19 other persons the chief judge designates, of the time and place 28.20 of the hearing on the petition. The notice shall be given at 28.21 least 14 days prior to the date of the hearing. The hearing 28.22 shall be within 45 days of the filing of the petition unless an 28.23 extension is granted for good cause. Any person may oppose the 28.24 petition. The appeal panel may appoint examiners and may 28.25 adjourn the hearing from time to time. It shall hear and 28.26 receive all relevant testimony and evidence and make a record of 28.27 all proceedings. The patient, patient's counsel, and the county 28.28 attorney of the committing county may be present and present and 28.29 cross-examine all witnesses. The petitioning party bears the 28.30 burden of going forward with the evidence. The party opposing 28.31 discharge bears the burden of proof by clear and convincing 28.32 evidence that the respondent is in need of commitment. 28.33 Sec. 39. Minnesota Statutes 2000, section 253B.212, 28.34 subdivision 2, is amended to read: 28.35 Subd. 2. [EFFECT GIVEN TO TRIBAL COMMITMENT ORDER.] When, 28.36 under an agreement entered into pursuant to subdivision 1, the 29.1 Indian Health Service applies to a regional center for admission 29.2 of a person committed to the jurisdiction of the health service 29.3 by the tribal court as a person who is mentally ill, mentally 29.4 retarded, or chemically dependent, the commissioner may treat 29.5 the patient with the consent of the Indian Health Service. 29.6 A person admitted to a regional center pursuant to this 29.7 section has all the rights accorded by section 253B.03. In 29.8 addition, treatment reports, prepared in accordance with the 29.9 requirements of section 253B.12, subdivision 1, shall be filed 29.10 with the Indian Health Service within 60 days of commencement of 29.11 the patient's stay at the facility. A subsequent treatment 29.12 report shall be filed with the Indian Health Service within six 29.13 months of the patient's admission to the facility or prior to 29.14 discharge, whichever comes first. Provisional discharge or 29.15 transfer of the patient may be authorized by the head of the 29.16 treatment facility only with the consent of the Indian Health 29.17 Service. Discharge from the facility to the Indian Health 29.18 Service may be authorized by the head of the treatment facility 29.19 after notice to and consultation with the Indian Health Service. 29.20 Sec. 40. Minnesota Statutes 2000, section 256E.03, 29.21 subdivision 2, is amended to read: 29.22 Subd. 2. (a) "Community social services" means services 29.23 provided or arranged for by county boards to fulfill the 29.24 responsibilities prescribed in section 256E.08, subdivision 1, 29.25 to the following groups of persons: 29.26 (1) families with children under age 18, who are 29.27 experiencing child dependency, neglect or abuse, and also 29.28 pregnant adolescents, adolescent parents under the age of 18 and 29.29 their children, and other adolescents; 29.30 (2) persons, including adolescents, who are under the 29.31 guardianship of the commissioner of human services as dependent 29.32 and neglected wards; 29.33 (3) adults who are in need of protection and vulnerable as 29.34 defined in section 626.5572; 29.35 (4) persons age 60 and over who are experiencing difficulty 29.36 living independently and are unable to provide for their own 30.1 needs; 30.2 (5) emotionally disturbed children and adolescents, persons 30.3 who are chronically and acutely mentally ill personsand who are 30.4 unable to provide for their own needs or to independently engage 30.5 in ordinary community activities; 30.6 (6) persons with mental retardation as defined in section 30.7 252A.02, subdivision 2, or with related conditions as defined in 30.8 section 252.27, subdivision 1a, who are unable to provide for 30.9 their own needs or to independently engage in ordinary community 30.10 activities; 30.11 (7) drug dependent and intoxicated persons, including 30.12 adolescents, as defined in section 254A.02, subdivisions 5 and 30.13 7, and persons, including adolescents, at risk of harm to self 30.14 or others due to the ingestion of alcohol or other drugs; 30.15 (8) parents whose income is at or below 70 percent of the 30.16 state median income and who are in need of child care services 30.17 in order to secure or retain employment or to obtain the 30.18 training or education necessary to secure employment; 30.19 (9) children and adolescents involved in or at risk of 30.20 involvement with criminal activity; and 30.21 (10) other groups of persons who, in the judgment of the 30.22 county board, are in need of social services. 30.23 (b) Except as provided in section 256E.08, subdivision 5, 30.24 community social services do not include public assistance 30.25 programs known as the Minnesota family investment program, 30.26 Minnesota supplemental aid, medical assistance, general 30.27 assistance, general assistance medical care, or community health 30.28 services authorized by sections 145A.09 to 145A.13. 30.29 Sec. 41. Minnesota Statutes 2000, section 299F.77, is 30.30 amended to read: 30.31 299F.77 [ISSUANCE TO CERTAIN PERSONS PROHIBITED.] 30.32 The following persons shall not be entitled to receive an 30.33 explosives license or permit: 30.34 (1) a person under the age of 18 years; 30.35 (2) a person who has been convicted in this state or 30.36 elsewhere of a crime of violence, as defined in section 299F.72, 31.1 subdivision 1b, unless ten years have elapsed since the person's 31.2 civil rights have been restored or the sentence has expired, 31.3 whichever occurs first, and during that time the person has not 31.4 been convicted of any other crime of violence. For purposes of 31.5 this section, crime of violence includes crimes in other states 31.6 or jurisdictions that would have been crimes of violence if they 31.7 had been committed in this state; 31.8 (3) a person who is or has ever been confined or committed 31.9 in Minnesota or elsewhere as a "person who is mentally ill, " "31.10 mentally retarded, "or "mentally ill and dangerous to the public 31.11 " person, as defined in section 253B.02, to a treatment 31.12 facility, unless the person possesses a certificate of a medical 31.13 doctor or psychiatrist licensed in Minnesota, or other 31.14 satisfactory proof, that the person is no longer suffering from 31.15 this disability; 31.16 (4) a person who has been convicted in Minnesota or 31.17 elsewhere for the unlawful use, possession, or sale of a 31.18 controlled substance other than conviction for possession of a 31.19 small amount of marijuana, as defined in section 152.01, 31.20 subdivision 16, or who is or has ever been hospitalized or 31.21 committed for treatment for the habitual use of a controlled 31.22 substance or marijuana, as defined in sections 152.01 and 31.23 152.02, unless the person possesses a certificate of a medical 31.24 doctor or psychiatrist licensed in Minnesota, or other 31.25 satisfactory proof, that the person has not abused a controlled 31.26 substance or marijuana during the previous two years; and 31.27 (5) a person who has been confined or committed to a 31.28 treatment facility in Minnesota or elsewhere as "chemically 31.29 dependent, "as defined in section 253B.02, unless the person has 31.30 completed treatment. 31.31 Sec. 42. Minnesota Statutes 2000, section 376.01, is 31.32 amended to read: 31.33 376.01 [ACQUISITION OF LAND.] 31.34 A county board may acquire land in the county for hospital 31.35 purposes for patients, other than thefor persons who are 31.36 mentally ill. 32.1 Sec. 43. Minnesota Statutes 2000, section 376.02, is 32.2 amended to read: 32.3 376.02 [BUILDINGS.] 32.4 A county board may purchase or construct suitable buildings 32.5 for hospital purposes for patients, other than thefor persons 32.6 who are mentally ill, on any land acquired under section 376.01, 32.7 and may improve, equip, and maintain these buildings for 32.8 hospital purposes. The county board may pay for these buildings 32.9 out of any fund in the county treasury not otherwise 32.10 appropriated or issue warrants or bonds of the county for 32.11 payment. The county board may fix the time and terms of payment 32.12 of these warrants or bonds and the amount of interest to be paid. 32.13 Sec. 44. Minnesota Statutes 2000, section 462A.02, 32.14 subdivision 9, is amended to read: 32.15 Subd. 9. [SPECIAL NEEDS RESIDENTIAL CARE.] It is further 32.16 declared that the health, welfare, and personal interests of the32.17 persons who are mentally ill, mentally retarded, physically 32.18 handicapped, and drug dependent citizens of Minnesota and who 32.19 are and whoor may be in need of residential care are better 32.20 served through the development of a comprehensive, community- 32.21 based system of treatment and care which requires the 32.22 availability of adequate financing for the construction, 32.23 renovation, or rehabilitation of residential care facilities as 32.24 well as sufficient funds for their operational start-up costs. 32.25 Sec. 45. Minnesota Statutes 2000, section 462A.03, 32.26 subdivision 19, is amended to read: 32.27 Subd. 19. [RESIDENTIAL CARE FACILITY.] "Residential care 32.28 facility" means a living unit established primarily for the 32.29 accommodation and treatment of persons who are mentally ill, 32.30 mentally retarded, physically handicapped, and drug 32.31 dependent persons. 32.32 Sec. 46. Minnesota Statutes 2000, section 609.06, 32.33 subdivision 1, is amended to read: 32.34 Subdivision 1. [WHEN AUTHORIZED.] Except as otherwise 32.35 provided in subdivision 2, reasonable force may be used upon or 32.36 toward the person of another without the other's consent when 33.1 the following circumstances exist or the actor reasonably 33.2 believes them to exist: 33.3 (1) when used by a public officer or one assisting a public 33.4 officer under the public officer's direction: 33.5 (a) in effecting a lawful arrest; or 33.6 (b) in the execution of legal process; or 33.7 (c) in enforcing an order of the court; or 33.8 (d) in executing any other duty imposed upon the public 33.9 officer by law; or 33.10 (2) when used by a person not a public officer in arresting 33.11 another in the cases and in the manner provided by law and 33.12 delivering the other to an officer competent to receive the 33.13 other into custody; or 33.14 (3) when used by any person in resisting or aiding another 33.15 to resist an offense against the person; or 33.16 (4) when used by any person in lawful possession of real or 33.17 personal property, or by another assisting the person in lawful 33.18 possession, in resisting a trespass upon or other unlawful 33.19 interference with such property; or 33.20 (5) when used by any person to prevent the escape, or to 33.21 retake following the escape, of a person lawfully held on a 33.22 charge or conviction of a crime; or 33.23 (6) when used by a parent, guardian, teacher, or other 33.24 lawful custodian of a child or pupil, in the exercise of lawful 33.25 authority, to restrain or correct such child or pupil; or 33.26 (7) when used by a school employee or school bus driver, in 33.27 the exercise of lawful authority, to restrain a child or pupil, 33.28 or to prevent bodily harm or death to another; or 33.29 (8) when used by a common carrier in expelling a passenger 33.30 who refuses to obey a lawful requirement for the conduct of 33.31 passengers and reasonable care is exercised with regard to the 33.32 passenger's personal safety; or 33.33 (9) when used to restrain a person who is mentally ill or 33.34 mentally defective personfrom self-injury or injury to another 33.35 or when used by one with authority to do so to compel compliance 33.36 with reasonable requirements for the person's control, conduct, 34.1 or treatment; or 34.2 (10) when used by a public or private institution providing 34.3 custody or treatment against one lawfully committed to it to 34.4 compel compliance with reasonable requirements for the control, 34.5 conduct, or treatment of the committed person. 34.6 Sec. 47. Minnesota Statutes 2000, section 609.668, 34.7 subdivision 2, is amended to read: 34.8 Subd. 2. [POSSESSION BY CERTAIN PERSONS PROHIBITED.] The 34.9 following persons are prohibited from possessing or reporting an 34.10 explosive device or incendiary device: 34.11 (a) a person under the age of 18 years; 34.12 (b) a person who has been convicted in this state or 34.13 elsewhere of a crime of violence unless ten years have elapsed 34.14 since the person's civil rights have been restored or the 34.15 sentence has expired, whichever occurs first, and during that 34.16 time the person has not been convicted of any other crime of 34.17 violence. For purposes of this section, crime of violence 34.18 includes crimes in other states or jurisdictions that would have 34.19 been crimes of violence if they had been committed in this 34.20 state; 34.21 (c) a person who is or has ever been confined or committed 34.22 in Minnesota or elsewhere as a "person who is mentally ill, " "34.23 mentally retarded, "or "mentally ill and dangerous to the public 34.24 " person, as defined in section 253B.02, to a treatment 34.25 facility, unless the person possesses a certificate of a medical 34.26 doctor or psychiatrist licensed in Minnesota, or other 34.27 satisfactory proof, that the person is no longer suffering from 34.28 this disability; 34.29 (d) a person who has been convicted in Minnesota or 34.30 elsewhere for the unlawful use, possession, or sale of a 34.31 controlled substance other than conviction for possession of a 34.32 small amount of marijuana, as defined in section 152.01, 34.33 subdivision 16, or who is or has ever been hospitalized or 34.34 committed for treatment for the habitual use of a controlled 34.35 substance or marijuana, as defined in sections 152.01 and 34.36 152.02, unless the person possesses a certificate of a medical 35.1 doctor or psychiatrist licensed in Minnesota, or other 35.2 satisfactory proof, that the person has not abused a controlled 35.3 substance or marijuana during the previous two years; 35.4 (e) a person who has been confined or committed to a 35.5 treatment facility in Minnesota or elsewhere as "chemically 35.6 dependent, "as defined in section 253B.02, unless the person has 35.7 completed treatment; and 35.8 (f) a peace officer who is informally admitted to a 35.9 treatment facility under section 253B.04 for chemical 35.10 dependency, unless the officer possesses a certificate from the 35.11 head of the treatment facility discharging or provisionally 35.12 discharging the officer from the treatment facility. 35.13 A person who in good faith issues a certificate to a person 35.14 described in this subdivision to possess or use an incendiary or 35.15 explosive device is not liable for damages resulting or arising 35.16 from the actions or misconduct with an explosive or incendiary 35.17 device committed by the individual who is the subject of the 35.18 certificate. 35.19 Sec. 48. Minnesota Statutes 2000, section 624.713, 35.20 subdivision 1, is amended to read: 35.21 Subdivision 1. [INELIGIBLE PERSONS.] The following persons 35.22 shall not be entitled to possess a pistol or semiautomatic 35.23 military-style assault weapon or, except for clause (a), any 35.24 other firearm: 35.25 (a) a person under the age of 18 years except that a person 35.26 under 18 may carry or possess a pistol or semiautomatic 35.27 military-style assault weapon (i) in the actual presence or 35.28 under the direct supervision of the person's parent or guardian, 35.29 (ii) for the purpose of military drill under the auspices of a 35.30 legally recognized military organization and under competent 35.31 supervision, (iii) for the purpose of instruction, competition, 35.32 or target practice on a firing range approved by the chief of 35.33 police or county sheriff in whose jurisdiction the range is 35.34 located and under direct supervision; or (iv) if the person has 35.35 successfully completed a course designed to teach marksmanship 35.36 and safety with a pistol or semiautomatic military-style assault 36.1 weapon and approved by the commissioner of natural resources; 36.2 (b) except as otherwise provided in clause (i), a person 36.3 who has been convicted of, or adjudicated delinquent or 36.4 convicted as an extended jurisdiction juvenile for committing, 36.5 in this state or elsewhere, a crime of violence unless ten years 36.6 have elapsed since the person has been restored to civil rights 36.7 or the sentence or disposition has expired, whichever occurs 36.8 first, and during that time the person has not been convicted of 36.9 or adjudicated for any other crime of violence. For purposes of 36.10 this section, crime of violence includes crimes in other states 36.11 or jurisdictions which would have been crimes of violence as 36.12 herein defined if they had been committed in this state; 36.13 (c) a person who is or has ever been confined in Minnesota 36.14 or elsewhere as a "person who is mentally ill, " "mentally 36.15 retarded, "or "mentally ill and dangerous to the public " person, 36.16 as defined in section 253B.02, to a treatment facility, or who 36.17 has ever been found incompetent to stand trial or not guilty by 36.18 reason of mental illness, unless the person possesses a 36.19 certificate of a medical doctor or psychiatrist licensed in 36.20 Minnesota, or other satisfactory proof that the person is no 36.21 longer suffering from this disability; 36.22 (d) a person who has been convicted in Minnesota or 36.23 elsewhere of a misdemeanor or gross misdemeanor violation of 36.24 chapter 152, or a person who is or has ever been hospitalized or 36.25 committed for treatment for the habitual use of a controlled 36.26 substance or marijuana, as defined in sections 152.01 and 36.27 152.02, unless the person possesses a certificate of a medical 36.28 doctor or psychiatrist licensed in Minnesota, or other 36.29 satisfactory proof, that the person has not abused a controlled 36.30 substance or marijuana during the previous two years; 36.31 (e) a person who has been confined or committed to a 36.32 treatment facility in Minnesota or elsewhere as "chemically 36.33 dependent "as defined in section 253B.02, unless the person has 36.34 completed treatment. Property rights may not be abated but 36.35 access may be restricted by the courts; 36.36 (f) a peace officer who is informally admitted to a 37.1 treatment facility pursuant to section 253B.04 for chemical 37.2 dependency, unless the officer possesses a certificate from the 37.3 head of the treatment facility discharging or provisionally 37.4 discharging the officer from the treatment facility. Property 37.5 rights may not be abated but access may be restricted by the 37.6 courts; 37.7 (g) a person, including a person under the jurisdiction of 37.8 the juvenile court, who has been charged with committing a crime 37.9 of violence and has been placed in a pretrial diversion program 37.10 by the court before disposition, until the person has completed 37.11 the diversion program and the charge of committing the crime of 37.12 violence has been dismissed; 37.13 (h) except as otherwise provided in clause (i), a person 37.14 who has been convicted in another state of committing an offense 37.15 similar to the offense described in section 609.224, subdivision 37.16 3, against a family or household member or section 609.2242, 37.17 subdivision 3, unless three years have elapsed since the date of 37.18 conviction and, during that time, the person has not been 37.19 convicted of any other violation of section 609.224, subdivision 37.20 3, or 609.2242, subdivision 3, or a similar law of another 37.21 state; 37.22 (i) a person who has been convicted in this state or 37.23 elsewhere of assaulting a family or household member and who was 37.24 found by the court to have used a firearm in any way during 37.25 commission of the assault is prohibited from possessing any type 37.26 of firearm for the period determined by the sentencing court; or 37.27 (j) a person who: 37.28 (1) has been convicted in any court of a crime punishable 37.29 by imprisonment for a term exceeding one year; 37.30 (2) is a fugitive from justice as a result of having fled 37.31 from any state to avoid prosecution for a crime or to avoid 37.32 giving testimony in any criminal proceeding; 37.33 (3) is an unlawful user of any controlled substance as 37.34 defined in chapter 152; 37.35 (4) has been judicially committed to a treatment facility 37.36 in Minnesota or elsewhere as a "person who is mentally ill, " "38.1 mentally retarded, "or "mentally ill and dangerous to the public 38.2 " person, as defined in section 253B.02; 38.3 (5) is an alien who is illegally or unlawfully in the 38.4 United States; 38.5 (6) has been discharged from the armed forces of the United 38.6 States under dishonorable conditions; or 38.7 (7) has renounced the person's citizenship having been a 38.8 citizen of the United States. 38.9 A person who issues a certificate pursuant to this 38.10 subdivision in good faith is not liable for damages resulting or 38.11 arising from the actions or misconduct with a firearm committed 38.12 by the individual who is the subject of the certificate. 38.13 The prohibition in this subdivision relating to the 38.14 possession of firearms other than pistols and semiautomatic 38.15 military-style assault weapons does not apply retroactively to 38.16 persons who are prohibited from possessing a pistol or 38.17 semiautomatic military-style assault weapon under this 38.18 subdivision before August 1, 1994. 38.19 Sec. 49. Minnesota Statutes 2000, section 631.50, is 38.20 amended to read: 38.21 631.50 [ALIEN INMATES OR MENTALLY ILL PERSONS; REQUIRING 38.22 NOTICE TO UNITED STATES IMMIGRATION OFFICERS.] 38.23 When a person who is convicted of a felony or is found to 38.24 be a person who is mentally ill is committed to the Minnesota 38.25 correctional facility-Stillwater, the Minnesota correctional 38.26 facility-St. Cloud, the county jail, or any other state or 38.27 county institution which is supported, wholly or in part, by 38.28 public funds, the chief executive officer, sheriff, or other 38.29 officer in charge of the state or county institution shall at 38.30 once inquire into the nationality of the person. If it appears 38.31 that the person is an alien, the officer shall immediately 38.32 notify the United States immigration officer in charge of the 38.33 district in which the correctional facility, jail, or other 38.34 institution is located, of (1) the date of and the reasons for 38.35 the alien commitment, (2) the length of time for which 38.36 committed, (3) the country of which the alien is a citizen, and 39.1 (4) the date on which and the port at which the alien last 39.2 entered the United States. 39.3 Sec. 50. [REVISORS INSTRUCTION.] 39.4 In the next publication of Minnesota Rules, the revisor 39.5 shall change references to "mentally ill person" or similar 39.6 terminology wherever it appears in rules so that it is 39.7 consistent with the changes in this act.