HF 827

as introduced - 90th Legislature (2017 - 2018) Posted on 02/20/2018 12:38pm

A bill for an act
relating to civil commitment; specifying limitation on notice of release or discharge;
amending Minnesota Statutes 2016, section 253B.05, subdivision 3.

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

Section 1.

Minnesota Statutes 2016, section 253B.05, subdivision 3, is amended to read:

Subd. 3.

Duration of hold.

(a) Any person held pursuant to this section may be held up
to 72 hours, exclusive of Saturdays, Sundays, and legal holidays after admission. If a petition
for the commitment of the person is filed in the district court in the county of financial
responsibility or of the county in which the treatment facility is located, the court may issue
a judicial hold order pursuant to section 253B.07, subdivision 2b.

(b) During the 72-hour hold period, a court may not release a person held under this
section unless the court has received a written petition for release and held a summary
hearing regarding the release. The petition must include the name of the person being held,
the basis for and location of the hold, and a statement as to why the hold is improper. The
petition also must include copies of any written documentation under subdivision 1 or 2 in
support of the hold, unless the person holding the petitioner refuses to supply the
documentation. The hearing must be held as soon as practicable and may be conducted by
means of a telephone conference call or similar method by which the participants are able
to simultaneously hear each other. If the court decides to release the person, the court shall
direct the release and shall issue written findings supporting the decision. The release may
not be delayed pending the written order. Before deciding to release the person, the court
shall make every reasonable effort to provide notice of the proposed release to:

(1) any specific individuals identified in a statement under subdivision 1 or 2 or
individuals identified in the record who might be endangered if the person was not held;

(2) the examiner whose written statement was a basis for a hold under subdivision 1;
and

(3) the peace or health officer who applied for a hold under subdivision 2.

(c) If a person is intoxicated in public and held under this section for detoxification, a
treatment facility may release the person without providing notice under paragraph (d) as
soon as the treatment facility determines the person is no longer a danger to themselves or
others. Notice must be provided to the peace officer or health officer who transported the
person, or the appropriate law enforcement agency, if the officer or agency requests
notification.

(d) Notwithstanding section 144.293, subdivisions 2 and 4, if a treatment facility releases
or discharges a person during the 72-hour hold period or if the person leaves the facility
without the consent of the treating health care provider, the head of the treatment facility
shall immediately notify the agency which employs the peace or health officer who
transported the person to the treatment facility under this section. new text begin This paragraph does not
apply to the extent that the notice would violate federal law governing the confidentiality
of alcohol and drug abuse patient records, under Code of Federal Regulations, title 42, part
2.
new text end

(e) A person held under a 72-hour emergency hold must be released by the facility within
72 hours unless a court order to hold the person is obtained. A consecutive emergency hold
order under this section may not be issued.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end