HF 1853

as introduced - 94th Legislature (2025 - 2026) Posted on 03/05/2025 12:33pm

A bill for an act
relating to the attorney general; establishing a Civil Commitment Coordinating
Division; establishing various grant programs; requiring reports; appropriating
money; proposing coding for new law in Minnesota Statutes, chapter 8.

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

Section 1.

new text begin [8.37] CIVIL COMMITMENT COORDINATING DIVISION.
new text end

new text begin Subdivision 1. new text end

new text begin Civil Commitment Coordinating Division established. new text end

new text begin There shall be
in the Office of the Attorney General a Civil Commitment Coordinating Division. A civil
commitment coordinator shall be appointed by the attorney general. The civil commitment
coordinator shall perform duties that may lawfully be assigned to the coordinator by the
attorney general or by law.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) The definitions in section 253B.02 apply to this section.
new text end

new text begin (b) For the purposes of this section, "engagement services" means the services described
under section 253B.041.
new text end

new text begin (c) For the purposes of this section, "outpatient civil commitment" means the option
available to a committing court under section 253B.09, subdivision 1, paragraph (c).
new text end

new text begin (d) For the purposes of this section, "provisional discharge" means the option available
to the head of a treatment facility or community-based treatment program under section
253B.09, subdivision 1.
new text end

new text begin Subd. 3. new text end

new text begin Duties of the civil commitment coordinator. new text end

new text begin The civil commitment coordinator
must:
new text end

new text begin (1) continuously maintain the Civil Commitment Advisory Committee;
new text end

new text begin (2) in consultation with the Civil Commitment Advisory Committee, provide best
practices and guidance regarding engagement services, outpatient civil commitment, and
provisional discharge to committing courts, counties, designated agencies, treatment facilities,
and community-based treatment programs;
new text end

new text begin (3) advocate for increased statewide capacity for engagement services, outpatient civil
commitment, and provisional discharge;
new text end

new text begin (4) provide ongoing technical assistance to those at the local and regional level tasked
with monitoring participants civilly committed under chapter 253B;
new text end

new text begin (5) provide guidance on data collection of outcomes related to engagement services,
outpatient civil commitment, and provisional discharge;
new text end

new text begin (6) aggregate and analyze all data submitted by all jurisdictions by either contracting
with a third party to perform these tasks or entering into an interagency agreement with the
commissioner of management and budget to utilize the Results First Initiative to perform
these tasks;
new text end

new text begin (7) ensure that any data submitted is treated in accordance with chapter 13;
new text end

new text begin (8) create a public awareness campaign designed to educate the public about the
availability and effectiveness of engagement services;
new text end

new text begin (9) administer diversion study grants under section 8.38; and
new text end

new text begin (10) administer engagement services, outpatient civil commitment, and provisional
discharge grants under section 8.39.
new text end

new text begin Subd. 4. new text end

new text begin Civil Commitment Advisory Committee. new text end

new text begin (a) The attorney general shall
establish the Civil Commitment Advisory Committee. The Civil Commitment Advisory
Committee shall advise the civil commitment coordinator on identification of best practices
regarding engagement services, outpatient civil commitment, and provisional discharge;
development of guidance for implementation of engagement services, outpatient civil
commitment, and provisional discharge; development of data reporting requirements and
standards; identification of outcomes to be measured through data analysis; development
of grading criteria for grant applications; and other topics as determined by the coordinator.
new text end

new text begin (b) The Civil Commitment Advisory Committee must consist of no fewer than 11
members and no more than 20 members. The membership of the committee must include:
new text end

new text begin (1) the attorney general or a designee who is not the civil commitment coordinator;
new text end

new text begin (2) the chief executive officer of Direct Care and Treatment or a designee;
new text end

new text begin (3) the commissioner of public safety or a designee;
new text end

new text begin (4) a member representing district court judges, appointed by the chief justice of the
supreme court;
new text end

new text begin (5) a member representing district court administrators, appointed by the chief justice
of the supreme court;
new text end

new text begin (6) a member representing counties, appointed by the attorney general;
new text end

new text begin (7) a member who was previously civilly committed, appointed by the attorney general;
new text end

new text begin (8) a member who is a parent, sibling, or child of a person currently or previously civilly
committed, appointed by the attorney general;
new text end

new text begin (9) a member who is a person for whom engagement services were successfully provided,
appointed by the attorney general;
new text end

new text begin (10) a member who is a provider of engagement services, appointed by the attorney
general;
new text end

new text begin (11) a member who represents a treatment facility or community-based treatment program
that accepts civilly committed participants, appointed by the attorney general; and
new text end

new text begin (12) up to nine additional members appointed by the attorney general.
new text end

new text begin (c) The attorney general must consult with the chief executive officer of Direct Care
and Treatment before making appointments to the committee.
new text end

new text begin (d) The members of the Civil Commitment Advisory Committee serve without
compensation.
new text end

Sec. 2.

new text begin [8.38] DIVERSION STUDIES.
new text end

new text begin Subdivision 1. new text end

new text begin Diversion studies. new text end

new text begin Each county must conduct diversion studies in
accordance with the requirements of this section. Diversion studies must examine each
county's local behavioral health system's capacity to divert people who have a mental illness,
developmental disability, or chemical use disorder away from the local justice system and
into treatment. The civil commitment coordinator must establish uniform study guidelines,
data requirements, including any qualitative data or narrative requirements, and data reporting
procedures for diversion studies. The coordinator must ensure that the study guidelines and
data requirements will allow the coordinator to determine how people with a mental illness,
people with a developmental disability, and people with a substance use disorder come into
contact with and move through the local criminal justice system and what resources are
available or needed to divert individuals away from the local justice system.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin The terms defined in section 8.37, subdivision 2, apply to this
section.
new text end

new text begin Subd. 3. new text end

new text begin Diversion study reporting requirements. new text end

new text begin By October 1, 2027, and every two
years thereafter, each county must submit to the coordinator in the manner established under
subdivision 1 all required data and narratives related to its diversion study.
new text end

new text begin Subd. 4. new text end

new text begin Statewide diversion study report. new text end

new text begin By April 1, 2028, and every two years
thereafter, the civil commitment coordinator must submit to the chairs and ranking minority
members of the legislative committees with jurisdiction over civil commitment, mental
health, or Direct Care and Treatment a report summarizing the county-level data submitted
under subdivision 3. The coordinator must include in the report county, regional, and
state-level needs assessments. The coordinator must include in subsequent reports
comparisons to the data submitted in prior reports and any statistically significant trends
the coordinator's analysis reveals.
new text end

new text begin Subd. 5. new text end

new text begin Diversion study grants. new text end

new text begin The civil commitment coordinator must establish a
diversion study grant program through which a county may apply for supplemental funding
to fulfill the requirements of subdivision 3. A county awarded a grant under this subdivision
must use a portion of the awarded money as determined by the coordinator to develop a
countywide action plan to increase diversions away from the local justice system and into
treatment.
new text end

Sec. 3.

new text begin [8.39] ENGAGEMENT SERVICES, OUTPATIENT CIVIL COMMITMENT,
AND PROVISIONAL DISCHARGE GRANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Engagement services, outpatient civil commitment, and provisional
discharge grants. new text end

new text begin The civil commitment coordinator must establish engagement services,
outpatient civil commitment, and provisional discharge grants to provide supplemental
funding to counties to expand the county's capacity to provide engagement services,
outpatient civil commitment, and provisional discharge. When considering a grant application
under this section, the coordinator must consider whether the applicant received a grant
under Laws 2024, chapter 125, article 4, section 10, and, if available, the required evaluation
of the grant activities.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin The terms defined in section 8.37, subdivision 2, apply to this
section.
new text end

new text begin Subd. 3. new text end

new text begin Required uses of funding. new text end

new text begin All grantees must use a portion as determined by
the coordinator of awarded funds for:
new text end

new text begin (1) outreach to and education of potential engagement services staff, providers,
community-based treatment programs, and treatment facilities to encourage their participation
in engagement services;
new text end

new text begin (2) supplementing county funding of engagement services, which may include but is
not limited to hiring additional staff for prepetition screening teams, contracting with
additional agencies to provide engagement services, or supplemental funding to mobile
crisis teams, certified peer specialists, community-based treatment programs, treatment
facilities, and homeless outreach workers;
new text end

new text begin (3) outreach to potential treatment facilities and community-based treatment programs
to educate and encourage facilities and programs to accept civilly committed participants;
new text end

new text begin (4) supplementing county funding of outpatient civil commitment, which may include
but is not limited to supplemental funding to treatment facilities and community-based
treatment programs willing to accept civilly committed participants; and
new text end

new text begin (5) supplementing county funding for supervision of and services provided to participants
released on provisional discharge to ensure continuity of care, adherence to the provisional
discharge plan, and to reduce the risk of revocation of provisional discharge.
new text end

new text begin Subd. 4. new text end

new text begin Reporting requirements. new text end

new text begin By October 1, 2027, and every two years thereafter,
all recipients of grant funding under this section during the prior reporting period must
submit to the civil commitment coordinator deidentified data on each individual who during
the prior reporting period:
new text end

new text begin (1) received engagement services;
new text end

new text begin (2) was civilly committed under section 253B.09, subdivision 1, paragraph (c);
new text end

new text begin (3) was accepted by a treatment facility or community-based treatment program; or
new text end

new text begin (4) was provisionally discharged under section 253B.15.
new text end

new text begin The deidentified data on each individual must include data on the individual's adherence to
treatment and other information as determined by the coordinator. For the purposes of this
subdivision, the coordinator shall determine the reporting period.
new text end

new text begin Subd. 5. new text end

new text begin Evaluation. new text end

new text begin (a) The civil commitment coordinator must evaluate the impact
of supplemental funding under this section on engagement in treatment before initiation of
a prepetition screening process under section 253B.07, utilization of outpatient civil
commitment, the frequency of revocations of provisional discharge, and other measures as
determined by the coordinator.
new text end

new text begin (b) By April 1, 2028, and every two years thereafter, the coordinator must submit to the
chairs and ranking minority members of the legislative committees with jurisdiction over
civil commitments, mental health, or Direct Care and Treatment a report summarizing the
coordinator's evaluation under paragraph (a).
new text end

Sec. 4. new text begin APPROPRIATION; CIVIL COMMITMENT COORDINATING DIVISION.
new text end

new text begin (a) $....... in fiscal year 2026 and $....... in fiscal year 2027 are appropriated from the
general fund to the attorney general for the Civil Commitment Coordinating Division under
Minnesota Statutes, section 8.37.
new text end

new text begin (b) Of the amount in paragraph (a), $....... in fiscal year 2026 and $....... in fiscal year
2027 are for one additional staff member to serve as the civil commitment coordinator.
new text end

new text begin (c) Of the amount in paragraph (a), $....... in fiscal year 2026 and $....... in fiscal year
2027 are for a contract with a third party or an interagency agreement to provide data analytic
services.
new text end

new text begin (d) Of the amount in paragraph (a), $....... in fiscal year 2026 and $....... in fiscal year
2027 are for a public awareness campaign to educate the public about the availability and
effectiveness of engagement services.
new text end

Sec. 5. new text begin APPROPRIATION; DIVERSION STUDY GRANTS.
new text end

new text begin $....... in fiscal year 2026 and $....... in fiscal year 2027 are appropriated from the general
fund to the attorney general for diversion study grants under Minnesota Statutes, section
8.38.
new text end

Sec. 6. new text begin APPROPRIATION; ENGAGEMENT SERVICES, OUTPATIENT CIVIL
COMMITMENT, AND PROVISIONAL DISCHARGE GRANTS.
new text end

new text begin $....... in fiscal year 2026 and $....... in fiscal year 2027 are appropriated from the general
fund to the attorney general for engagement services, outpatient civil commitment, and
provisional discharge grants under Minnesota Statutes, section 8.39.
new text end