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Minnesota Legislature

Office of the Revisor of Statutes

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

  

                         Laws of Minnesota 1984 

                        CHAPTER 623-S.F.No. 2108 
           An act relating to civil commitment; establishing 
          procedures for passes for persons committed as 
          mentally ill and dangerous; permitting respondents to 
          be absent from hearings under certain conditions; 
          clarifying the conditions under which a guardian may 
          place a minor ward in certain treatment facilities; 
          providing for status review of persons residing in 
          state facilities pursuant to an order of guardianship; 
          amending Minnesota Statutes 1982, sections 253B.02, by 
          adding subdivisions; 253B.08, subdivision 5; 253B.18, 
          by adding subdivisions; and 526.10; Minnesota Statutes 
          1983 Supplement, sections 253B.07, subdivision 7; and 
          525.619; and Laws 1982, chapter 581, section 26, as 
          amended. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 253B.02, is 
amended by adding a subdivision to read: 
    Subd. 21.  [PASS.] "Pass" means any authorized temporary, 
unsupervised absence from a treatment facility.  
    Sec. 2.  Minnesota Statutes 1982, section 253B.02, is 
amended by adding a subdivision to read: 
    Subd. 22.  [PASS PLAN.] "Pass plan" means the part of a 
treatment plan for a person who has been committed as mentally 
ill and dangerous that specifies the terms and conditions under 
which the patient may be released on a pass.  
    Sec. 3.  Minnesota Statutes 1982, section 253B.02, is 
amended by adding a subdivision to read: 
    Subd. 23.  [PASS-ELIGIBLE STATUS.] "Pass-eligible status" 
means the status under which a person committed as mentally ill 
and dangerous may be released on passes after approval of a pass 
plan by the head of a treatment facility.  
    Sec. 4.  Minnesota Statutes 1983 Supplement, section 
253B.07, subdivision 7, is amended to read: 
    Subd. 7.  [PRELIMINARY HEARING.] (a) No proposed patient 
may be held pursuant to subdivision 6 for longer than 72 hours, 
exclusive of Saturdays, Sundays, and legal holidays, unless the 
court holds a preliminary hearing and determines that probable 
cause exists to continue to hold him.  
    (b) The proposed patient, his counsel, the petitioner, the 
county attorney, and any other persons as the court directs 
shall be given at least 24 hours written notice of the 
preliminary hearing.  The notice shall include the alleged 
grounds for confinement.  The proposed patient shall be 
represented at the preliminary hearing by counsel.  If the court 
finds it to be reliable, it may admit hearsay evidence, 
including written reports.  
    (c) The court, on its motion or on motion of any party, may 
exclude or excuse a respondent who is seriously disruptive or 
who is totally incapable of comprehending and participating in 
the proceedings.  In such instances, the court shall, with 
specificity on the record, state the behavior of respondent or 
other circumstances justifying proceeding in the absence of the 
respondent.  
    (d) The court may order the continued holding of the 
proposed patient if it finds, by a preponderance of the 
evidence, that serious imminent physical harm to the patient or 
others is likely if the proposed patient is not confined.  The 
fact that a proposed patient was acquitted of a crime against 
the person under section 611.026 immediately preceding the 
filing of the petition constitutes evidence that serious 
imminent physical harm to the patient or others is likely if the 
proposed patient is not confined and shifts the burden of going 
forward in the presentation of evidence to the proposed patient; 
provided that the standard of proof remains as required by this 
chapter.  
    Sec. 5.  Minnesota Statutes 1982, section 253B.08, 
subdivision 5, is amended to read: 
    Subd. 5.  [ABSENCE PERMITTED.] (a) The court may permit the 
proposed patient to waive his right to attend the hearing if it 
determines that the waiver is freely given.  All waivers shall 
be on the record.  At the time of the hearing the patient shall 
not be so under the influence or suffering from the effects of 
drugs, medication, or other treatment so as to be hampered in 
participating in the proceedings.  When in the opinion of the 
licensed physician or licensed consulting psychologist attending 
the patient the discontinuance of drugs, medication, or other 
treatment is not in the best interest of the patient, the court, 
at the time of the hearing, shall be presented a record of all 
drugs, medication or other treatment which the patient has 
received during the 48 hours immediately prior to the hearing.  
    (b) The court, on its own motion or on motion of any party, 
may exclude or excuse a respondent who is seriously disruptive 
or who is totally incapable of comprehending and participating 
in the proceedings.  In such instances, the court shall, with 
specificity on the record, state the behavior of respondent or 
other circumstances justifying proceeding in the absence of the 
respondent.  
    Sec. 6.  Minnesota Statutes 1982, section 253B.18, is 
amended by adding a subdivision to read: 
    Subd. 4a.  [RELEASE ON PASS; NOTIFICATION.] A patient who 
has been committed as mentally ill and dangerous and who is 
confined at the Minnesota security hospital shall not be 
released on a pass unless the pass is part of a pass plan that 
has been approved by the medical director of the Minnesota 
security hospital.  At least ten days prior to a determination 
on the plan, the medical director shall notify the designated 
agency, the committing court, the county attorney of the county 
of commitment, an interested person, the petitioner, and the 
petitioner's counsel of the plan, the nature of the passes 
proposed, and their right to object to the plan.  If any 
notified person objects prior to the proposed date of 
implementation, the person shall have an opportunity to appear, 
personally or in writing, before the medical director, within 
ten days of the objection, to present grounds for opposing the 
plan.  The pass plan shall not be implemented until the 
objecting person has been furnished that opportunity.  Nothing 
in this subdivision shall be construed to give a patient an 
affirmative right to a pass plan.  
    Sec. 7.  Minnesota Statutes 1982, section 253B.18, is 
amended by adding a subdivision to read: 
    Subd. 4b.  [PASS-ELIGIBLE STATUS; NOTIFICATION.] The 
following patients committed to the Minnesota security hospital 
shall not be placed on pass-eligible status unless that status 
has been approved by the medical director of the Minnesota 
security hospital:  
    (a) a patient who has been committed as mentally ill and 
dangerous and who 
    (1) was found incompetent to proceed to trial for a felony 
or was found not guilty by reason of mental illness of a felony 
immediately prior to the filing of the commitment petition;  
    (2) was convicted of a felony immediately prior to or 
during his commitment as mentally ill and dangerous; or 
    (3) is subject to a commitment to the commissioner of 
corrections; and 
    (b) a patient who has been committed as a psychopathic 
personality, as defined in section 526.09.  
    At least ten days prior to a determination on the status, 
the medical director shall notify the committing court, the 
county attorney of the county of commitment, an interested 
person, the petitioner, and the petitioner's counsel of the 
proposed status, and their right to request review by the 
special review board.  If within ten days of receiving notice 
any notified person requests review by filing a notice of 
objection with the commissioner and the head of the treatment 
facility, a hearing shall be held before the special review 
board.  The proposed status shall not be implemented unless it 
receives a favorable recommendation by a majority of the board 
and approval by the commissioner.  The order of the commissioner 
is appealable as provided in section 253B.19.  
    Nothing in this subdivision shall be construed to give a 
patient an affirmative right to seek pass-eligible status from 
the special review board.  
    Sec. 8.  Minnesota Statutes 1983 Supplement, section 
525.619, is amended to read: 
    525.619 [POWERS AND DUTIES OF GUARDIAN OF MINOR.] 
    A guardian of a minor has the powers and responsibilities 
of a parent who has not been deprived of custody of his minor 
and unemancipated child, except that a guardian is not legally 
obligated to provide from his own funds for the ward.  In 
particular, and without qualifying the foregoing, a guardian has 
the following powers and duties: 
    (a) He must take reasonable care of his ward's personal 
effects and commence protective proceedings if necessary to 
protect other property of the ward. 
    (b) He may receive money payable for the support of the 
ward to the ward's parent, guardian or custodian under the terms 
of any statutory benefit or insurance system, or any private 
contract, devise, trust, conservatorship or custodianship.  He 
also may receive money or property of the ward paid or delivered 
by virtue of section 525.6196.  Any sums so received shall be 
applied to the ward's current needs for support, care and 
education.  He must exercise due care to conserve any excess for 
the ward's future needs unless a conservator has been appointed 
for the estate of the ward, in which case the excess shall be 
paid over at least annually to the conservator.  Sums so 
received by the guardian are not to be used for compensation for 
his services except as approved by order of court or as 
determined by a duly appointed conservator other than the 
guardian.  A guardian may institute proceedings to compel the 
performance by any person of a duty to support the ward or to 
pay sums for the welfare of the ward. 
    (c) The guardian is empowered to facilitate the ward's 
education, social, or other activities and to authorize medical 
or other professional care, treatment or advice.  A ward who is 
less than 16 years of age may be admitted to a treatment 
facility as an informal patient according to section 253B.04 but 
may not be committed to any state institution except pursuant to 
chapter 253B and.  No guardian may give consent for 
psychosurgery, electroshock, sterilization or experimental 
treatment of any kind unless the procedure is first approved by 
the order of the court, after a hearing as prescribed by section 
525.56, subdivision 2. 
    A guardian is not liable by reason of his consent for 
injury to the ward resulting from the negligence or acts of 
third persons unless it would have been illegal for a parent to 
have consented, or unless he fails to comply with the 
requirements of this section which provide that a court order is 
necessary for commitment and for certain types of medical 
procedures.  A guardian may consent to the marriage or adoption 
of his ward. 
    (d) A guardian must report the condition of his ward and of 
the ward's estate which has been subject to his possession or 
control, as ordered by the court on its own motion or on 
petition of any person interested in the minor's welfare and as 
required by court rule. 
    Sec. 9.  Minnesota Statutes 1982, section 526.10, is 
amended to read:  
    526.10 [LAWS RELATING TO MENTALLY ILL PERSONS DANGEROUS TO 
THE PUBLIC TO APPLY TO PSYCHOPATHIC PERSONALITIES.] 
    Except as otherwise provided herein or in chapter 253B, the 
provisions of chapter 253B, pertaining to persons mentally ill 
and dangerous to the public shall apply with like force and 
effect to persons having a psychopathic personality, to persons 
alleged to have such personality, and to persons found to have 
such personality, respectively.  Before such proceedings are 
instituted, the facts shall first be submitted to the county 
attorney, who, if he is satisfied that good cause exists 
therefor, shall prepare the petition to be executed by a person 
having knowledge of the facts and file the same with the judge 
of the probate court of the county in which the "patient," as 
defined in such statutes, has his settlement or is present.  The 
judge of probate shall thereupon follow the same procedures set 
forth in chapter 253B, for judicial commitment.  The judge may 
at his discretion exclude the general public from attendance at 
such hearing.  If, upon completion of the hearing and 
consideration of the record, the court finds the proposed 
patient has a psychopathic personality, the court shall commit 
such person to a public hospital or a private hospital 
consenting to receive him, subject to a mandatory review by the 
head of the hospital within 60 days from the date of the order 
as provided for in chapter 253B for persons found to be mentally 
ill and dangerous to the public.  The patient shall thereupon be 
entitled to all of the rights provided for in chapter 253B, for 
persons found to be mentally ill and dangerous to the public, 
and all of the procedures provided for in chapter 253B, for 
persons found to be mentally ill and dangerous to the public 
shall apply to such patient. 
    Sec. 10.  Laws 1982, chapter 581, section 26, as amended by 
Laws 1983, chapter 251, section 27, 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. 
    For persons 16 years or older, involuntarily residing in a 
regional center pursuant to an order of guardianship, and not 
committed pursuant to an order issued under Minnesota Statutes, 
chapter 253B, or Minnesota Statutes 1980, chapter 253A, the 
following review procedures will apply:  
    (a) The person shall have a commitment hearing according to 
Minnesota Statutes, section 253B.08, prior to August 1, 1985. 
The head of the regional center shall notify the responsible 
county which shall initiate the petition for commitment.  
    (b) The person shall be deemed to be legally committed to 
the head of the regional center until the committing court 
issues an appropriate judgment according to Minnesota Statutes, 
section 253B.09, or until August 1, 1985, whichever date occurs 
first.  
    (c) A finding by the committing court that the individual 
does not satisfy the commitment criteria of Minnesota Statutes, 
chapter 253B, shall not terminate the guardianship or constitute 
a restoration to capacity.  An order of restoration to capacity 
may only be obtained under Minnesota Statutes, section 525.61.  
    If the committing court finds that the individual does not 
satisfy the commitment criteria set forth in Minnesota Statutes, 
section 253B, the court, by order shall immediately notify the 
county welfare board.  The designated agency shall locate an 
appropriate community placement within 90 days of notification 
by the guardian.  Until an appropriate placement is available, 
the ward may continue to reside in the regional center in which 
the ward resided prior to the commitment hearing.  
    Sec. 11.  [EFFECTIVE DATE.] 
    Sections 4, 5, 8, and 10 are effective the day following 
final enactment. 
    Approved May 2, 1984