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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language


  

                         Laws of Minnesota 1983 

                        CHAPTER 251--H.F.No. 606
           An act relating to civil commitment; clarifying the 
          definition of person mentally ill and dangerous to the 
          public; clarifying the commissioner's duty to review 
          the correspondence rights of patients; providing for 
          informal admissions of persons under 16 years of age; 
          providing for special emergency admissions of 
          chemically dependent persons; clarifying the role of 
          examiners in certain instances; providing for 
          involuntary return to a facility after revocation of 
          provisional discharges; providing for 60-day hearings 
          for persons committed as mentally ill and dangerous; 
          changing the time limitation on certain special review 
          board petitions; authorizing the commissioner to 
          accept admissions to regional centers from the Indian 
          Health Service; amending Minnesota Statutes 1982, 
          sections 253B.02, subdivisions 5, 13, 17, and 18; 
          253B.03, subdivisions 2 and 6; 253B.04, subdivision 1; 
          253B.05, subdivision 2, and by adding a subdivision; 
          253B.06; 253B.07, subdivisions 1, 3, and 4; 253B.12, 
          subdivision 1; 253B.13, subdivision 1; 253B.15, 
          subdivisions 5, 6, and 7; 253B.18, subdivisions 2, 3, 
          5, and 13; 253B.19, subdivision 5; 253B.22, 
          subdivision 1; 253B.23, by adding a subdivision; and 
          Laws 1982, chapter 581, section 26; proposing new law 
          coded in Minnesota Statutes, chapter 253B. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 253B.02, 
subdivision 5, is amended to read: 
    Subd. 5.  [DESIGNATED AGENCY.] "Designated agency" means an 
agency selected by the county board to provide the social 
services required under this chapter.  
    Sec. 2.  Minnesota Statutes 1982, section 253B.02, 
subdivision 13, is amended to read: 
    Subd. 13.  [MENTALLY ILL PERSON.] "Mentally ill person" 
means any person who has an organic disorder of the brain or a 
substantial psychiatric disorder of thought, mood, perception, 
orientation, or memory which grossly impairs judgment, behavior, 
capacity to recognize reality, or to reason or understand, which 
(a) is manifested by instances of grossly disturbed behavior or 
faulty perceptions; and (b) poses a substantial likelihood of 
physical harm to himself or others as demonstrated by (i) a 
recent attempt or threat to physically harm himself or others, 
or (ii) a failure to provide necessary food, clothing, shelter 
or medical care for himself, as a result of the impairment.  
This impairment excludes (a) epilepsy, (b) mental retardation, 
(c) brief periods of intoxication caused by alcohol or drugs, or 
(d) dependence upon or addiction to any alcohol or drugs. 
    Sec. 3.  Minnesota Statutes 1982, section 253B.02, 
subdivision 17, is amended to read: 
    Subd. 17.  [PERSON MENTALLY ILL AND DANGEROUS TO THE 
PUBLIC.] A "person mentally ill and dangerous to the public" is 
a person (a) who is mentally ill; and (b) who as a result of 
that mental illness presents a clear danger to the safety of 
others as demonstrated by the facts that (i) the person has 
engaged in an overt act causing or attempting to cause serious 
physical harm to another and (ii) there is a substantial 
likelihood that the person will engage in acts capable of 
inflicting serious physical harm on another.  A person diagnosed 
committed as having a psychopathic personality as defined in 
section 526.09 is also a person subject to the provisions of 
this chapter that apply to persons mentally ill and dangerous to 
the public. 
    Sec. 4.  Minnesota Statutes 1982, section 253B.02, 
subdivision 18, is amended to read: 
    Subd. 18.  [REGIONAL CENTER.] "Regional center" means any 
state operated facility for mentally ill, mentally retarded or 
chemically dependent persons which is under the direct 
administrative authority of the commissioner of public welfare.  
    Sec. 5.  Minnesota Statutes 1982, section 253B.03, 
subdivision 2, is amended to read: 
    Subd. 2.  [CORRESPONDENCE.] A patient has the right to 
correspond freely without censorship.  The head of the treatment 
facility may restrict correspondence if he determines that the 
medical welfare of the patient requires it.  The For patients in 
regional facilities, that determination may be reviewed by the 
commissioner.  Any limitation imposed on the exercise of a 
patient's correspondence rights and the reason for it shall be 
made a part of the clinical record of the patient.  Any 
communication which is not delivered to a patient shall be 
immediately returned to the sender.  
    Sec. 6.  Minnesota Statutes 1982, section 253B.03, 
subdivision 6, is amended to read:  
    Subd. 6.  [CONSENT FOR MEDICAL PROCEDURE.] A patient has 
the right to prior consent to any medical or surgical treatment, 
other than the treatment of mental illness, mental retardation 
or chemical dependency.  The following procedures shall be used 
to obtain consent for any treatment necessary to preserve the 
life or health of any committed patient:  
    (1) The consent of a competent adult patient for the 
treatment is sufficient.  
    (2) If the patient is subject to guardianship or 
conservatorship which includes the provision of medical care, 
the consent of the guardian or conservator for the treatment is 
sufficient.  
    (3) If the head of the treatment facility determines that 
the patient is not competent to consent to the treatment and the 
patient has not been adjudicated incompetent, consent for the 
surgery shall be obtained from the nearest proper relative.  For 
this purpose, the following persons are proper relatives, in the 
order listed:  the patient's spouse, parent, adult child, or 
adult sibling.  If the nearest proper relatives cannot be 
located or refuse to consent to the procedure, the head of the 
treatment facility or an interested person may petition the 
committing court for approval for the treatment or may petition 
an appropriate court for the appointment of a guardian or 
conservator.  The determination that the patient is not 
competent, and the reasons for the determination, shall be 
documented in the patient's clinical record.  
    (4) Consent for a medical procedure upon a minor shall be 
governed by other provisions of law relating to the provision of 
treatment to minors to treatment of any minor patient shall be 
secured in accordance with sections 144.341 to 144.346, except 
that a minor 16 years of age or older may give valid consent for 
hospitalization, routine diagnostic evaluation, and emergency or 
short-term acute care.  
    (5) In the case of an emergency and when the persons 
ordinarily qualified to give consent cannot be located, the head 
of the treatment facility may give consent.  
    No person who consents to treatment pursuant to the 
provisions of this subdivision shall be civilly or criminally 
liable for the performance or the manner of performing the 
treatment.  No person shall be liable for performing treatment 
without consent if consent was given pursuant to this 
subdivision.  This provision shall not affect any other 
liability which may result from the manner in which the 
treatment is performed.  
    Sec. 7.  Minnesota Statutes 1982, section 253B.04, 
subdivision 1, is amended to read: 
    Subdivision 1.  [ADMISSION.] Informal admission by consent 
is preferred over involuntary commitment.  Any person 16 years 
of age or older may request to be admitted to a treatment 
facility as an informal patient for observation, evaluation, 
diagnosis, care and treatment without making formal written 
application.  Any person under the age of 16 years may be 
admitted as an informal patient with the consent of a parent or 
legal guardian if it is determined by independent examination 
that there is reasonable evidence that (a) the proposed patient 
is mentally ill, mentally retarded, or chemically dependent; and 
(b) the proposed patient is suitable for treatment.  The head of 
the treatment facility shall not arbitrarily withhold consent 
refuse any person seeking admission as an informal patient.  
    Sec. 8.  Minnesota Statutes 1982, section 253B.05, 
subdivision 2, is amended to read: 
    Subd. 2.  [PEACE OR HEALTH OFFICER HOLD.] (a) A peace or 
health officer may take a person into custody and transport him 
to a licensed physician or treatment facility if the officer has 
reason to believe that the person is mentally ill, or mentally 
retarded or chemically dependent and in imminent danger of 
injuring himself or others if not immediately restrained.  A 
peace or health officer or a person working under such officer's 
supervision, may take a person who is believed to be chemically 
dependent or is intoxicated in public into custody and transport 
him to a treatment facility.  If the person is intoxicated in 
public or is believed to be chemically dependent and is not 
endangering himself or any person or property, the peace or 
health officer may transport the person to his home.  
Application for admission of the person to a treatment facility 
shall be made by the peace or health officer.  The application 
shall contain a statement given by the peace or health officer 
specifying the reasons for and circumstances under which the 
person was taken into custody.  A copy of the statement shall be 
made available to the person taken into custody.  
    (b) A person may be admitted to a treatment facility for 
emergency care and treatment under this subdivision with the 
consent of the head of the facility if under the following 
circumstances:  a written statement is made by the medical 
officer on duty at the facility that after preliminary 
examination the person has symptoms of mental illness, or mental 
retardation or chemical dependency and appears to be in imminent 
danger of harming himself or others; or, a written statement is 
made by the institution program director or his designee on duty 
at the facility that after preliminary examination the person 
has symptoms of chemical dependency and appears to be in 
imminent danger of harming himself or others or is intoxicated 
in public.  
    Sec. 9.  Minnesota Statutes 1982, section 253B.05, is 
amended by adding a subdivision to read: 
    Subd. 2a.  [TRANSPORTATION.] Insofar as it is practicable, 
a peace officer who provides transportation for a person placed 
in a facility under subdivision 1 may not be in uniform and may 
not use a vehicle visibly marked as a law enforcement vehicle.  
    Sec. 10.  Minnesota Statutes 1982, section 253B.06, is 
amended to read: 
    253B.06 [MEDICAL EXAMINATION.] 
    Subdivision 1.  [MENTALLY ILL AND MENTALLY RETARDED 
PERSONS.] The head of a treatment facility shall arrange to have 
every patient hospitalized as mentally ill or mentally retarded 
pursuant to section 253B.04 or 253B.05 examined by a physician 
as soon as possible but no more than 48 hours following the time 
of admission.  The physician shall be knowledgeable and trained 
in the diagnosis of the alleged disability related to the need 
for admission as a mentally ill or mentally retarded person.  
    Subd. 2.  [CHEMICALLY DEPENDENT PERSONS.] Patients 
hospitalized as chemically dependent pursuant to sections 
253B.04 or 253B.05 shall also be examined within 48 hours of 
admission.  At a minimum, the examination shall consist of a 
physical evaluation by facility staff according to procedures 
established by a physician and an evaluation by staff 
knowledgeable and trained in the diagnosis of the alleged 
disability related to the need for admission as a chemically 
dependent person.  
    Subd. 3.  [DISCHARGE.] At the end of a 48-hour period, any 
patient admitted pursuant to section 253B.05 shall be discharged 
if an examination has not been held or if the examiner or 
evaluation staff person fails to notify the head of the 
treatment facility in writing that in his opinion the patient is 
apparently in need of care, treatment, and evaluation as a 
mentally ill, mentally retarded, or chemically dependent person. 
    Sec. 11.  Minnesota Statutes 1982, section 253B.07, 
subdivision 1, is amended to read: 
    Subdivision 1.  [PRE-PETITION SCREENING.] (a) Prior to 
filing a petition for commitment of a proposed patient, a 
prospective petitioner an interested person shall apply to the 
designated agency in the county of the proposed patient's 
residence or presence for conduct of a preliminary 
investigation.  The designated agency shall appoint a screening 
team to conduct an investigation which shall include:  
    (i) a personal interview with the proposed patient and 
other individuals who appear to have knowledge of the condition 
of the proposed patient.  If the proposed patient is not 
interviewed, reasons must be documented;  
    (ii) identification and investigation of specific alleged 
conduct which is the basis for application; and 
    (iii) identification, exploration, and listing of the 
reasons for rejecting or recommending alternatives to 
involuntary placement.  
    (b) In conducting the investigation required by this 
subdivision, the screening team shall have access to all 
relevant medical records of proposed patients currently in 
treatment facilities.  Data collected pursuant to this clause 
shall be considered private data on individuals.  
    (c) When the pre-petition screening team recommends 
commitment, a written report shall be sent to the county 
attorney for the county in which the petition is to be filed.  
    (d) The pre-petition screening team shall refuse to support 
a petition if the investigation does not disclose evidence 
sufficient to support commitment.  Notice of the pre-petition 
screening team's decision shall be provided to the prospective 
petitioner.  
    (e) If the interested person wishes to proceed with a 
petition contrary to the recommendation of the pre-petition 
screening team, application may be made directly to the county 
attorney, who may determine whether or not to proceed with the 
petition.  Notice of the county attorney's determination shall 
be provided to the interested party.  
    (f) If a court petitions for commitment pursuant to the 
rules of criminal procedure, the pre-petition investigation 
required by this section shall be completed within seven days 
after the filing of the petition.  
    Sec. 12.  Minnesota Statutes 1982, section 253B.07, 
subdivision 3, is amended to read: 
    Subd. 3.  [EXAMINERS.] After a petition has been filed, the 
probate court shall appoint an examiner.  Prior to the hearing, 
the court shall inform the proposed patient that he is entitled 
to an independent second examination.  At the proposed patient's 
request, the court shall appoint a second examiner of the 
patient's choosing to be paid for by the county at a rate of 
compensation fixed by the court.  
    Sec. 13.  Minnesota Statutes 1982, section 253B.07, 
subdivision 4, is amended to read: 
    Subd. 4.  [PRE-HEARING EXAMINATION; NOTICE AND SUMMONS 
PROCEDURE.] A summons to appear for a pre-hearing examination 
and the commitment hearing shall be served upon the proposed 
patient.  A plain language notice of the proceedings and notice 
of the filing of the petition, a copy of the petition, a copy of 
the physician's examiner's supporting statement, and the order 
for examination and a copy of the pre-petition screening report 
shall be given to the proposed patient, his counsel, the 
petitioner, any interested person, and any other persons as the 
court directs.  All papers shall be served personally on the 
proposed patient.  Unless otherwise ordered by the court, the 
notice shall be served on the proposed patient by a nonuniformed 
person.  
    Sec. 14.  Minnesota Statutes 1982, section 253B.12, 
subdivision 1, is amended to read: 
    Subdivision 1.  [REPORT.] Prior to the termination of the 
initial commitment order or final discharge of the patient, the 
head of the facility shall file a written report with the 
committing court with a copy to the patient and his counsel, 
setting forth in detailed narrative form at least the following:
    (1) the diagnosis of the patient with the supporting data; 
    (2) the anticipated discharge date; 
    (3) an individualized treatment plan; 
    (4) a detailed description of the discharge planning 
process with suggested after care plan; 
    (5) whether the patient is in need of further care and 
treatment with evidence to support the response; 
    (6) whether any further care and treatment must be provided 
in a treatment facility with evidence to support the response; 
    (7) whether in his opinion the patient must continue to be 
committed to a treatment facility; and 
    (8) whether in his opinion the patient satisfies the 
statutory requirement for continued commitment, with 
documentation to support the opinion.  
    Sec. 15.  Minnesota Statutes 1982, section 253B.13, 
subdivision 1, is amended to read: 
    Subdivision 1.  [MENTALLY ILL PERSONS.] If at the 
conclusion of a hearing held pursuant to section 253B.12, it is 
found that the criteria for continued commitment have been 
satisfied, the court shall determine the probable length of 
commitment necessary.  No period of commitment shall exceed this 
length of time or 12 months, whichever is less.  
    At the conclusion of the prescribed period, commitment may 
not be continued unless a new petition is filed pursuant to 
section 253B.07 and hearing and determination made on it. 
Notwithstanding the provisions of section 253B.09, subdivision 
5, clause (b), the initial commitment period under the new 
petition shall be the probable length of commitment necessary or 
12 months, whichever is less.  The standard of proof at the 
hearing on the new petition shall be the standard specified in 
section 253B.12, subdivision 4.  
    Sec. 16.  Minnesota Statutes 1982, section 253B.15, 
subdivision 5, is amended to read: 
    Subd. 5.  [RETURN TO FACILITY.] The head of the treatment 
facility may apply to the committing court for an order 
directing that the patient be returned to the facility.  The 
court may order the patient returned to the facility prior to a 
review hearing only upon finding that immediate return to the 
facility is necessary to avoid serious, imminent harm to the 
patient or others.  If a voluntary return is not arranged, the 
head of the treatment facility may request a health officer, a 
welfare officer, or a peace officer to return the patient to the 
treatment facility from which he was released or to any other 
treatment facility which consents to receive him.  If necessary, 
the head of the treatment facility may request the committing 
court to direct a health or peace officer in the county where 
the patient is located to return the patient to the treatment 
facility or to another treatment facility which consents to 
receive him.  The expense of returning the patient to a 
treatment facility shall be paid by the commissioner unless paid 
by the patient or his relatives.  
    Sec. 17.  Minnesota Statutes 1982, section 253B.15, 
subdivision 6, is amended to read: 
    Subd. 6.  [EXCEPTION.] During the first 60 days of a 
provisional discharge, the head of the treatment facility, upon 
finding that either of the conditions set forth in subdivision 1 
2 exists, may revoke the provisional discharge without being 
subject to the provisions of subdivisions 2 to 5.  
    Sec. 18.  Minnesota Statutes 1982, section 253B.15, 
subdivision 7, is amended to read: 
     Subd. 7.  [EXTENSION OF PROVISIONAL DISCHARGE.] (a) A 
provisional discharge may be extended only in those 
circumstances where the patient has not achieved the goals set 
forth in the provisional discharge plan or continues to need the 
supervision or assistance provided by an extension of the 
provisional discharge.  In determining whether the provisional 
discharge is to be extended, the head of the facility shall 
consider the willingness and ability of the patient to 
voluntarily obtain needed care and treatment.  
     (b) The designated agency shall recommend extension of a 
provisional discharge only after a preliminary conference with 
the patient and other appropriate persons.  The patient shall be 
given the opportunity to object or make suggestions for 
alternatives to extension.  
     (c) Any recommendation for extension shall be made in 
writing to the head of the facility and to the patient at least 
30 days prior to the expiration of the provisional discharge. 
The written recommendation submitted shall include:  the 
specific grounds for recommending the extension, the date of the 
preliminary conference and results, the anniversary date of the 
provisional discharge, the termination date of the provisional 
discharge, and the proposed length of extension.  If the grounds 
for recommending the extension occur less than 30 days before 
its expiration, the written recommendation shall occur as soon 
as practicable.  
    (d) The head of the facility shall issue a written decision 
regarding extension within five days after receiving the 
recommendation from the designated agency.  
    (e) In no event shall any provisional discharge, 
revocation, or extension extend the term of the commitment 
beyond the period provided for in the order issued pursuant to 
section 253B.09 or 253B.13.  
    Sec. 19.  Minnesota Statutes 1982, section 253B.18, 
subdivision 2, is amended to read: 
    Subd. 2.  [REVIEW; HEARING.] There shall be a review of 
commitment at the end of 60 days A written treatment report 
shall be filed with the committing court within 60 days after 
commitment.  The court, prior to making a final determination 
with regard to a person initially committed as mentally ill and 
dangerous to the public, shall hold a hearing.  The hearing 
shall be held within 14 days of the court's receipt of the 
written treatment report, if one is filed, or within 90 days of 
the date of initial commitment, whichever is earlier, unless 
otherwise agreed by the parties.  If the court finds that the 
patient qualifies for commitment as mentally ill, but not as 
mentally ill and dangerous to the public, the court may commit 
the person as a mentally ill person and the person shall be 
deemed not to have been found to be dangerous to the public for 
the purposes of subdivisions 4 to 15.  If no written review 
statement is filed within 60 days or if the statement describes 
the committed person as not in need of further institutional 
care and treatment, a further hearing shall be held by the 
committing court within 14 days after the court's receipt of the 
statement.  The committing court shall then make the final 
determination Failure of the treatment facility to provide the 
required report at the end of the 60-day period shall not result 
in automatic discharge of the patient.  
    Sec. 20.  Minnesota Statutes 1982, section 253B.18, 
subdivision 3, is amended to read: 
    Subd. 3.  [INDETERMINATE COMMITMENT.] If the court finds at 
the hearing held pursuant to subdivision 2 that the patient 
continues to be mentally ill and dangerous, then the court may 
shall order commitment of the proposed patient for an 
indeterminate period of time.  Subsequent to a final 
determination that a patient is mentally ill and dangerous to 
the public, the patient shall be transferred, provisionally 
discharged, or discharged, or have his commitment status altered 
only as provided in this section.  
    Sec. 21.  Minnesota Statutes 1982, section 253B.18, 
subdivision 5, is amended to read: 
    Subd. 5.  [PETITION; NOTICE OF HEARING; ATTENDANCE; ORDER.] 
A petition for an order of transfer, discharge, provisional 
discharge, or revocation of provisional discharge shall be filed 
with the commissioner and may be filed by the patient or by the 
head of the treatment facility.  The special review board shall 
hold a hearing on each petition prior to making any 
recommendation.  Within 45 days of the filing of the petition, 
the committing court, the county attorney of the county of 
commitment, an interested person, the petitioner and his counsel 
shall be given written notice by the commissioner of the time 
and place of the hearing before the special review board.  Only 
those entitled to statutory notice of the hearing or those 
administratively required to attend may be present at the 
hearing.  The commissioner shall issue his order no later than 
14 days after receiving the recommendation of the special review 
board.  A copy of the order shall be sent by certified mail to 
every person entitled to attend statutory notice of the hearing 
within five days after it is issued.  No order by the 
commissioner shall be effective sooner than 15 days after it is 
issued.  
    Sec. 22.  Minnesota Statutes 1982, section 253B.18, 
subdivision 13, is amended to read: 
    Subd. 13.  [APPEAL.] Any patient aggrieved by a revocation 
decision or any interested person may petition the special 
review board within 48 hours seven days, exclusive of Saturdays, 
Sundays, and legal holidays, after receipt of the revocation 
report for a review of the revocation.  The matter shall be 
scheduled within 30 days.  The special review board shall review 
the circumstances leading to the revocation and shall recommend 
to the commissioner whether or not the revocation shall be 
upheld. The special review board may also recommend a new 
provisional discharge at the time of a revocation hearing.  
    Sec. 23.  Minnesota Statutes 1982, section 253B.19, 
subdivision 5, is amended to read: 
    Subd. 5.  [APPEAL TO SUPREME COURT.] An interested A party 
aggrieved by an order of the appeal panel may appeal from the 
decision of the appeal panel to the supreme court in the same 
manner as other appeals in civil actions.  The filing of an 
appeal shall immediately suspend the operation of any order 
granting transfer, discharge or provisional discharge, pending 
the determination of the appeal.  
    Sec. 24.  [253B.212] [COMMITMENT BY TRIBAL COURT; RED LAKE 
BAND OF CHIPPEWA INDIANS.] 
    Subdivision 1.  [COST OF CARE.] The commissioner of public 
welfare may contract with and receive payment from the Indian 
Health Service of the United States Department of Health and 
Human Services for the care and treatment of those members of 
the Red Lake Band of Chippewa Indians who have been committed by 
tribal court order to the Indian Health Service for care and 
treatment of mental illness, mental retardation, or chemical 
dependency.  The contract shall provide that the Indian Health 
Service may not transfer any person for admission to a regional 
center unless the commitment procedure utilized by the tribal 
court provided due process protections similar to those afforded 
by sections 253B.05 to 253B.10.  
    Subd. 2.  [EFFECT GIVEN TO TRIBAL COMMITMENT ORDER.] When, 
under an agreement entered into pursuant to subdivision 1, the 
Indian Health Service applies to a regional center for admission 
of a person committed to the jurisdiction of the health service 
by the tribal court as mentally ill, mentally retarded, or 
chemically dependent, the commissioner may treat the patient 
with the consent of the Indian Health Service.  
    A person admitted to a regional center pursuant to this 
section has all the rights accorded by section 253B.03.  In 
addition, treatment reports, prepared in accordance with the 
requirements of section 253B.12, subdivision 1, shall be filed 
with the Indian Health Service within 60 days of commencement of 
the patient's stay at the facility.  A subsequent treatment 
report shall be filed with the Indian Health Service within six 
months of the patient's admission to the facility or prior to 
discharge, whichever comes first.  Provisional discharge or 
transfer of the patient may be authorized by the head of the 
treatment facility only with the consent of the Indian Health 
Service.  Discharge from the facility to the Indian Health 
Service may be authorized by the head of the treatment facility 
after notice to and consultation with the Indian Health Service. 
    Sec. 25.  Minnesota Statutes 1982, section 253B.22, 
subdivision 1, is amended to read: 
    253B.22 [REVIEW BOARDS.] 
    Subdivision 1.  [ESTABLISHMENT.] The commissioner shall 
establish a review board of three or more persons for each 
regional center to review the admission and retention of 
patients institutionalized under this chapter.  One member shall 
be qualified in the diagnosis of mental illness or, mental 
retardation, or chemical dependency, and one member shall be an 
attorney.  The commissioner may, upon written request from the 
appropriate federal authority, establish a review panel for any 
federal treatment facility within the state to review the 
admission and retention of patients hospitalized under this 
chapter.  For any review board established for a federal 
treatment facility, one of the persons appointed by the 
commissioner shall be the commissioner of veterans affairs or 
his designee.  
    Sec. 26.  Minnesota Statutes 1982, section 253B.23, is 
amended by adding a subdivision to read: 
    Subd. 1a.  [RETURN OF PATIENT.] If a patient is absent 
without authorization, the head of the treatment facility shall 
order the patient to return to the treatment facility 
voluntarily.  The head of the treatment facility may request a 
health officer, a welfare officer, or a peace officer to return 
the patient to the treatment facility.  The head of the 
treatment facility shall inform the committing court of the 
absence and the court shall direct a health or peace officer in 
the county where the patient is located to return the patient to 
the treatment facility or to another treatment facility.  The 
expense of returning the patient to a treatment facility shall 
be paid by the commissioner unless paid by the patient or his 
relatives.  
    Sec. 27.  Laws 1982, chapter 581, section 26, is amended to 
read: 
    Sec. 26.  [EFFECTIVE DATE.] 
    This act is effective August 1, 1982 and applies to any 
conduct, transaction, or proceeding within its terms which 
occurs after August 1, 1982.  A proceeding for the commitment of 
a person to a treatment facility commenced before August 1, 
1982, is governed by the law existing at the time the proceeding 
was commenced; provided, however, that if the proceedings are 
not terminated by August 1, 1983, they shall thereafter be 
governed by the provisions of sections 1 to 23.  Any person, 
other than a person committed as mentally ill and dangerous, who 
was committed pursuant to chapter 253A and whose term of 
commitment is indeterminate shall have his status reviewed 
pursuant to the provisions of section 12 prior to February 1, 
1984. 
    Sec. 28.  [EFFECTIVE DATE.] 
    Sections 1 to 27 are effective the day following final 
enactment. 
    Approved June 1, 1983