language to be deleted (2) new language
Laws of Minnesota 1993 CHAPTER 60-H.F.No. 846 An act relating to civil commitment; authorizing new procedures for return of certain patients who are absent from treatment facilities without authorization; amending Minnesota Statutes 1992, section 253B.23, subdivision 1a. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 1992, section 253B.23, subdivision 1a, is amended to read: Subd. 1a. [
RETURN OFAUTHORITY TO DETAIN AND TRANSPORT A MISSING PATIENT.] If a patient committed under this chapter or chapter 526, or detained under a court-ordered hold is absent without authorization, and either (1) does not return voluntarily within 72 hours of the time the unauthorized absence began; or (2) is considered by the head of the treatment facility to be a danger to self or others, then 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.report the absence to the local law enforcement agency. The head of the treatment facility shall also notify the committing court that the patient is absent and that the absence has been reported to the local law enforcement agency. Upon receiving a report that a patient subject to this section is absent without authorization, the local law enforcement agency shall enter information on the patient through the criminal justice information system into the missing persons file of the National Crime Information Center computer according to the missing persons practices. A patient about whom information has been entered under this section may be apprehended and held by a peace officer in any jurisdiction pending return to the facility from which the patient is absent without authorization. A patient may also be returned to any facility operated by the commissioner of human services. Patients committed under chapter 526 or committed as mentally ill and dangerous under section 253B.18, and detained under this subdivision, may be held in a jail or lockup only if: (1) there is no other feasible place of detention for the patient; (2) the detention is for less than 24 hours; and (3) there are protections in place, including segregation of the patient, to ensure the safety of the patient. If a patient is detained under this subdivision, the head of the treatment facility from which the patient is absent shall arrange to pick up the patient within 24 hours of the time detention was begun and shall be responsible for securing transportation for the patient to the facility. The expense of detaining and transporting a patient shall be the responsibility of the treatment facility from which the patient is absent. The expense of returning thedetaining and transporting a patient to a treatment facility operated by the department of human services shall be paid by the commissioner unless paid by the patient or the patient's relatives. Immediately after an absent patient is located, the head of the treatment facility from which the patient is absent, or the law enforcement agency that located or returned the absent patient, shall notify the law enforcement agency that first received the absent patient report under this section and that agency shall cancel the missing persons entry from the National Crime Information Center computer. Presented to the governor April 29, 1993 Signed by the governor April 30, 1993, 3:23 p.m.