Minnesota Session Laws - 1991, Regular Session

  

                         Laws of Minnesota 1991 

                         CHAPTER 64-H.F.No. 98 
           An act relating to civil commitment; establishing 
          requirements for judicial release orders during the 
          emergency hold period; amending Minnesota Statutes 
          1990, section 253B.05, subdivisions 1, 2, and 3. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1990, section 253B.05, 
subdivision 1, is amended to read: 
    Subdivision 1.  [EMERGENCY HOLD.] (a) Any person may be 
admitted or held for emergency care and treatment in a treatment 
facility with the consent of the head of the treatment facility 
upon a written statement by an examiner that:  (1)  the examiner 
has examined the person not more than 15 days prior to 
admission, (2)  the examiner is of the opinion, for stated 
reasons, that the person is mentally ill, mentally retarded or 
chemically dependent, and is in imminent danger of causing 
injury to self or others if not immediately restrained, and (3) 
an order of the court cannot be obtained in time to prevent the 
anticipated injury.  
    (b) The statement shall be:  (1) sufficient authority for a 
peace or health officer to transport a patient to a treatment 
facility, (2) stated in behavioral terms and not in conclusory 
language, and (3) of sufficient specificity to provide an 
adequate record for review.  If imminent danger to specific 
individuals is a basis for the emergency hold, the statement 
must include identifying information on those individuals, to 
the extent practicable.  A copy of the statement shall be 
personally served on the person immediately upon admission.  A 
copy of the statement shall be maintained by the treatment 
facility.  
    Sec. 2.  Minnesota Statutes 1990, 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 the 
person to a licensed physician or treatment facility if the 
officer has reason to believe that the person is mentally ill or 
mentally retarded and in imminent danger of injuring self 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 the person to a 
treatment facility.  If the person is intoxicated in public or 
is believed to be chemically dependent and is not in danger of 
causing self-harm or harm to any person or property, the peace 
or health officer may transport the person home.  Written 
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.  If imminent danger to specific 
individuals is a basis for the emergency hold, the statement 
must include identifying information on those individuals, to 
the extent practicable.  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 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 and appears to be in imminent danger of harming self 
or others; or, a written statement is made by the institution 
program director or the director's 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 self or others or is intoxicated in public. 
    Sec. 3.  Minnesota Statutes 1990, 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 unless a 
petition for the commitment of the person has been filed in the 
probate court of the county of the person's residence or of the 
county in which the treatment facility is located and the court 
issues an order pursuant to section 253B.07, subdivision 6.  If 
the head of the treatment facility believes that commitment is 
required and no petition has been filed, the head of the 
treatment facility shall file a petition for the commitment of 
the person.  The hospitalized person may move to have the venue 
of the petition changed to the probate court of the county of 
the person's residence, if the person is a resident of Minnesota.
    (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 issue written findings supporting the decision, but may 
not delay the release.  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 in the 
record as individuals who might be endangered if the person was 
not held; and (2) the examiner whose written statement was a 
basis for a hold under subdivision 1 or the peace or health 
officer who applied for a hold under subdivision 2. 
    Presented to the governor May 3, 1991 
    Signed by the governor May 7, 1991, 1:45 p.m.