Office of the Revisor of Statutes
Minnesota Session Laws - 1997, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 217-H.F.No. 735
An act relating to civil commitment; clarifying and
reorganizing portions of the commitment act; allowing
the designated agency to consent to voluntary
treatment for certain incompetent persons; creating a
new standard for court-ordered early intervention to
provide less intrusive treatment; modifying standards
and procedures for the administration of neuroleptic
medications; providing for access to records; amending
the provisional discharge procedures; requiring
medical documentation of a patient's refusal to be
examined and allowing determination of need for
treatment based on other information; prohibiting
prepetition screeners from filing commitment
petitions; limiting use of prepetition screening
reports in unrelated proceedings; requiring
distribution to specified parties; increasing time for
return after provisional discharge; modifying
provisions governing special review boards; increasing
time for hearing appeals; changing provisions for
state liens for cost of care; amending Minnesota
Statutes 1996, sections 13.42, subdivisions 2 and 3;
55.10, subdivision 4; 246B.01, subdivisions 3 and 4;
253B.01; 253B.02, subdivisions 2, 4, 4a, 7, 9, 13, 14,
15, 18, 18a, 18b, and by adding subdivisions; 253B.03,
subdivisions 1, 2, 3, 4, 5, 6, 6b, 7, 8, and by adding
a subdivision; 253B.04; 253B.05, subdivisions 1, 2, 3,
4, and by adding a subdivision; 253B.06; 253B.07,
subdivisions 1, 2, 2a, 3, 4, 5, 7, and by adding
subdivisions; 253B.08, subdivisions 1, 2, 3, 5, and by
adding subdivisions; 253B.09, subdivisions 1, 2, 3, 5,
and by adding a subdivision; 253B.095; 253B.10;
253B.11, subdivision 2, and by adding a subdivision;
253B.12, subdivisions 1, 3, 4, and by adding a
subdivision; 253B.13, subdivisions 1 and 2; 253B.14;
253B.15, subdivisions 1, 1a, 2, 3, 5, 10, and by
adding subdivisions; 253B.16, subdivision 1; 253B.17,
subdivisions 1 and 3; 253B.18, subdivisions 1, 2, 3,
4, 4a, 4b, 5, 6, 7, 9, 12, 14, 15, and by adding a
subdivision; 253B.185, subdivision 4; 253B.19,
subdivisions 1, 2, 3, and 5; 253B.20, subdivisions 1,
3, 4, 6, and 7; 253B.21, subdivision 4; 253B.22,
subdivision 1; 253B.23, subdivisions 1, 4, 6, 7, and
9; 256.015, subdivisions 1, 2, and 4; 256B.042,
subdivisions 1, 2, and 4; 256B.37, subdivision 1;
514.71; 514.980, subdivision 2; 514.981, subdivision
2; 514.982, subdivisions 1 and 2; 514.985; 524.1-201;
524.3-801; 524.3-1004; 524.3-1201; and 524.6-207;
proposing coding for new law in Minnesota Statutes,
chapter 253B; repealing Minnesota Statutes 1996,
sections 253B.03, subdivisions 6c and 9; 253B.05,
subdivisions 2a and 5; 253B.07, subdivision 6;
253B.08, subdivisions 4 and 6; 253B.091; 253B.12,
subdivisions 5 and 8; 253B.13, subdivision 3; 253B.15,
subdivisions 4 and 6; 253B.18, subdivision 4; 253B.21,
subdivision 5; and 253B.23, subdivision 1a.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
CIVIL COMMITMENT
Section 1. Minnesota Statutes 1996, section 13.42,
subdivision 2, is amended to read:
Subd. 2. [PUBLIC HOSPITALS; DIRECTORY INFORMATION.] (a)
During the time that a person is a patient in a hospital
operated by a state agency or political subdivision pursuant
to under legal commitment, directory information is public
data. After the person is released by termination of the
person's legal commitment, the directory information is private
data on individuals.
(b) If a person is a patient other than pursuant to
commitment in a hospital controlled by a state agency or
political subdivision, directory information is public data
unless the patient requests otherwise, in which case it is
private data on individuals.
(c) Directory information about an emergency patient who is
unable to communicate which is public under this subdivision
shall not be released until a reasonable effort is made to
notify the next of kin. Although an individual has requested
that directory information be private, the hospital may release
directory information to a law enforcement agency pursuant to a
lawful investigation pertaining to that individual.
Sec. 2. Minnesota Statutes 1996, section 13.42,
subdivision 3, is amended to read:
Subd. 3. [CLASSIFICATION OF MEDICAL DATA.] Unless the data
is summary data or a statute specifically provides a different
classification, medical data are private but are available only
to the subject of the data as provided in section 144.335, and
shall not be disclosed to others except:
(a) Pursuant to section 13.05;
(b) Pursuant to section 253B.03, subdivision 6c 253B.0921;
(c) Pursuant to a valid court order;
(d) To administer federal funds or programs;
(e) To the surviving spouse, parents, children, and
siblings of a deceased patient or client or, if there are no
surviving spouse, parents, children, or siblings, to the
surviving heirs of the nearest degree of kindred;
(f) To communicate a patient's or client's condition to a
family member or other appropriate person in accordance with
acceptable medical practice, unless the patient or client
directs otherwise; or
(g) As otherwise required by law.
Sec. 3. Minnesota Statutes 1996, section 246B.01,
subdivision 3, is amended to read:
Subd. 3. [SEXUAL PSYCHOPATHIC PERSONALITY.] "Sexual
psychopathic personality" has the meaning given in section
253B.02, subdivision 18a 18b.
Sec. 4. Minnesota Statutes 1996, section 246B.01,
subdivision 4, is amended to read:
Subd. 4. [SEXUALLY DANGEROUS PERSON.] "Sexually dangerous
person" has the meaning given in section 253B.02,
subdivision 18b 18c.
Sec. 5. Minnesota Statutes 1996, section 253B.01, is
amended to read:
253B.01 [CITATION.]
This chapter may be cited as the "Minnesota commitment and
treatment act of 1982."
Sec. 6. Minnesota Statutes 1996, section 253B.02,
subdivision 2, is amended to read:
Subd. 2. [CHEMICALLY DEPENDENT PERSON.] "Chemically
dependent person" means any person (a) determined as being
incapable of self-management or management of personal affairs
by reason of the habitual and excessive use of alcohol or,
drugs, or other mind-altering substances; and (b) whose recent
conduct as a result of habitual and excessive use of alcohol or,
drugs, or other mind-altering substances poses a substantial
likelihood of physical harm to self or others as demonstrated by
(i) a recent attempt or threat to physically harm self or
others, (ii) evidence of recent serious physical problems, or
(iii) a failure to obtain necessary food, clothing, shelter, or
medical care. "Chemically dependent person" also means a
pregnant woman who has engaged during the pregnancy in habitual
or excessive use, for a nonmedical purpose, of any of the
following controlled substances or their derivatives: cocaine,
heroin, phencyclidine, methamphetamine, or amphetamine.
Sec. 7. Minnesota Statutes 1996, section 253B.02,
subdivision 4, is amended to read:
Subd. 4. [COMMITTING COURT.] "Committing court" means
court or, the district court where a petition for commitment was
decided. In a case where commitment proceedings are
commenced in response to following an acquittal of a crime or
offense under section 611.026, "committing court" means
the district court in which the acquittal took place.
Sec. 8. Minnesota Statutes 1996, section 253B.02,
subdivision 4a, is amended to read:
Subd. 4a. [CRIME AGAINST THE PERSON.] "Crime against the
person" means a violation of or attempt to violate any of the
following provisions: sections 609.185 (murder in the first
degree); 609.19 (murder in the second degree); 609.195 (murder
in the third degree); 609.20 (manslaughter in the first degree);
609.205 (manslaughter in the second degree); 609.21 (criminal
vehicular homicide and injury); 609.215 (suicide);
609.221 (assault in the first degree); 609.222 (assault in the
second degree); 609.223 (assault in the third degree);
609.224 (assault in the fifth degree); 609.2242 (domestic
assault); 609.23 (mistreatment of persons confined);
609.231 (mistreatment of residents or patients);
609.2325 (criminal abuse); 609.233 (criminal neglect);
609.2335 (financial exploitation of a vulnerable adult);
609.235 (use of drugs to injure or facilitate crime);
609.24 (simple robbery); 609.245 (aggravated robbery);
609.25 (kidnapping); 609.255 (false imprisonment);
609.265 (abduction); 609.27, subdivision 1, clause (1) or
(2) (coercion); 609.28 (interfering with religious observance)
if violence or threats of violence were used; 609.322,
subdivision 1, clause (2) (solicitation); 609.342 (criminal
sexual conduct in the first degree); 609.343 (criminal sexual
conduct in the second degree); 609.344 (criminal sexual conduct
in the third degree); 609.345 (criminal sexual conduct in the
fourth degree); 609.365 (incest); 609.498, subdivision
1 (tampering with a witness); 609.50, clause (1) (obstructing
legal process, arrest, and firefighting); 609.561 (arson in the
first degree); 609.562 (arson in the second degree); 609.595
(damage to property); and 609.72, subdivision 3 (disorderly
conduct by a caregiver).
Sec. 9. Minnesota Statutes 1996, section 253B.02,
subdivision 7, is amended to read:
Subd. 7. [EXAMINER.] "Examiner" means a person who is
knowledgeable, trained, and practicing in the diagnosis and
treatment of the alleged impairment and who is:
(1) a licensed physician; or
(2) a licensed psychologist who has a doctoral degree in
psychology or who became licensed as a licensed consulting
psychologist before July 2, 1975.
Sec. 10. Minnesota Statutes 1996, section 253B.02,
subdivision 9, is amended to read:
Subd. 9. [HEALTH OFFICER.] "Health officer" means a
licensed physician, licensed psychologist, psychiatric licensed
social worker, or psychiatric or public health nurse as defined
in section 145A.02, subdivision 18, and formally designated
members of a prepetition screening unit established by section
253B.07.
Sec. 11. Minnesota Statutes 1996, section 253B.02, is
amended by adding a subdivision to read:
Subd. 12a. [MENTAL ILLNESS.] "Mental illness" has the
meaning given in section 245.462, subdivision 20.
Sec. 12. Minnesota Statutes 1996, section 253B.02,
subdivision 13, is amended to read:
Subd. 13. [MENTALLY ILL PERSON.] (a) "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 self or others as demonstrated by:
(i) (1) a failure to obtain necessary food, clothing,
shelter, or medical care as a result of the impairment,; or
(ii) (2) a recent attempt or threat to physically harm self
or others.
This impairment excludes (b) A person is not mentally ill
under this section if the impairment is solely due to:
(a) (1) epilepsy,;
(b) (2) mental retardation,;
(c) (3) brief periods of intoxication caused by alcohol or,
drugs, or other mind-altering substances; or
(d) (4) dependence upon or addiction to any alcohol or,
drugs, or other mind-altering substances.
Sec. 13. Minnesota Statutes 1996, section 253B.02,
subdivision 14, is amended to read:
Subd. 14. [MENTALLY RETARDED PERSON.] "Mentally retarded
person" means any person: (a) who has been diagnosed as having
significantly subaverage intellectual functioning existing
concurrently with demonstrated deficits in adaptive behavior and
who manifests these conditions prior to the person's 22nd
birthday; and (b) whose recent conduct is a result of mental
retardation and poses a substantial likelihood of physical harm
to self or others in that there has been (i) a recent attempt or
threat to physically harm self or others, or (ii) a failure and
inability to obtain necessary food, clothing, shelter, safety,
or medical care.
Sec. 14. Minnesota Statutes 1996, section 253B.02,
subdivision 15, is amended to read:
Subd. 15. [PATIENT.] "Patient" means any person who is
institutionalized receiving treatment or committed under this
chapter.
Sec. 15. Minnesota Statutes 1996, section 253B.02,
subdivision 18, is amended to read:
Subd. 18. [REGIONAL TREATMENT CENTER.] "Regional treatment
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.
Sec. 16. Minnesota Statutes 1996, section 253B.02, is
amended by adding a subdivision to read:
Subd. 18a. [SECURE TREATMENT FACILITY.] "Secure treatment
facility" means the Minnesota security hospital or the Minnesota
sexual psychopathic personality treatment center.
Sec. 17. Minnesota Statutes 1996, section 253B.02,
subdivision 18a, is amended to read:
Subd. 18a. 18b. [SEXUAL PSYCHOPATHIC PERSONALITY.] "Sexual
psychopathic personality" means the existence in any person of
such conditions of emotional instability, or impulsiveness of
behavior, or lack of customary standards of good judgment, or
failure to appreciate the consequences of personal acts, or a
combination of any of these conditions, which render the person
irresponsible for personal conduct with respect to sexual
matters, if the person has evidenced, by a habitual course of
misconduct in sexual matters, an utter lack of power to control
the person's sexual impulses and, as a result, is dangerous to
other persons.
Sec. 18. Minnesota Statutes 1996, section 253B.02,
subdivision 18b, is amended to read:
Subd. 18b. 18c. [SEXUALLY DANGEROUS PERSON.] (a) A
"sexually dangerous person" means a person who:
(1) has engaged in a course of harmful sexual conduct as
defined in subdivision 7a;
(2) has manifested a sexual, personality, or other mental
disorder or dysfunction; and
(3) as a result, is likely to engage in acts of harmful
sexual conduct as defined in subdivision 7a.
(b) For purposes of this provision, it is not necessary to
prove that the person has an inability to control the person's
sexual impulses.
Sec. 19. Minnesota Statutes 1996, section 253B.03,
subdivision 1, is amended to read:
Subdivision 1. [RESTRAINTS.] (a) A patient has the right
to be free from restraints. Restraints shall not be applied to
a patient unless the head of the treatment facility or a member
of the medical staff determines that they are necessary for the
safety of the patient or others.
(b) Restraints shall not be applied to patients with mental
retardation except as permitted under section 245.825 and rules
of the commissioner of human services. Consent must be obtained
from the person or person's guardian except for emergency
procedures as permitted under rules of the commissioner adopted
under section 245.825.
(c) Each use of a restraint and reason for it shall be made
part of the clinical record of the patient under the signature
of the head of the treatment facility.
Sec. 20. Minnesota Statutes 1996, 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 on determining that the if
the patient's medical welfare of the patient requires it this
restriction. For patients in regional facilities treatment
centers, 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. 21. Minnesota Statutes 1996, section 253B.03,
subdivision 3, is amended to read:
Subd. 3. [VISITORS AND PHONE CALLS.] Subject to the
general rules of the treatment facility, a patient has the right
to receive visitors and make phone calls. The head of the
treatment facility may restrict visits and phone calls on
determining that the medical welfare of the patient requires
it. Any limitation imposed on the exercise of the patient's
visitation and phone call rights and the reason for it shall be
made a part of the clinical record of the patient. Upon
admission to a facility where federal law prohibits unauthorized
disclosure of patient or resident identifying information to
callers and visitors, the patient or resident, or the legal
guardian or conservator of the patient or resident, shall be
given the opportunity to authorize disclosure of the patient's
or resident's presence in the facility to callers and visitors
who may seek to communicate with the patient or resident. To
the extent possible, the legal guardian or conservator of a
patient or resident shall consider the opinions of the patient
or resident regarding the disclosure of the patient's or
resident's presence in the facility.
Sec. 22. Minnesota Statutes 1996, section 253B.03,
subdivision 4, is amended to read:
Subd. 4. [SPECIAL VISITATION; RELIGION.] A patient has the
right to meet with or call a personal physician, spiritual
advisor, and counsel at all reasonable times. Upon admission to
a facility where federal law prohibits unauthorized disclosure
of patient or resident identifying information to callers and
visitors, the patient or resident, or the legal guardian or
conservator of the patient or resident, shall be given the
opportunity to authorize disclosure of the patient's or
resident's presence in the facility to callers and visitors who
may seek to communicate with the patient or resident. To the
extent possible, the legal guardian or conservator of a patient
or resident shall consider the opinions of the patient or
resident regarding the disclosure of the patient's or resident's
presence in the facility. The patient has the right to continue
the practice of religion.
Sec. 23. Minnesota Statutes 1996, section 253B.03, is
amended by adding a subdivision to read:
Subd. 4a. [DISCLOSURE OF PATIENT'S ADMISSION.] Upon
admission to a facility where federal law prohibits unauthorized
disclosure of patient or resident identifying information to
callers and visitors, the patient or resident, or the legal
guardian or conservator of the patient or resident, shall be
given the opportunity to authorize disclosure of the patient's
or resident's presence in the facility to callers and visitors
who may seek to communicate with the patient or resident. To
the extent possible, the legal guardian or conservator of a
patient or resident shall consider the opinions of the patient
or resident regarding the disclosure of the patient's or
resident's presence in the facility.
Sec. 24. Minnesota Statutes 1996, section 253B.03,
subdivision 5, is amended to read:
Subd. 5. [PERIODIC ASSESSMENT.] A patient has the right to
periodic medical assessment. The head of a treatment facility
shall have assess the physical and mental condition of every
patient assessed as frequently as necessary, but not less often
than annually. If the patient refuses to be examined, the
facility shall document in the patient's chart its attempts to
examine the patient. If a person is committed as mentally
retarded for an indeterminate period of time, the three-year
judicial review must include the annual reviews for each year as
outlined in Minnesota Rules, part 9525.0075, subpart 6.
Sec. 25. Minnesota Statutes 1996, 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 treatment for chemical dependency or nonintrusive
treatment for mental illness.
The following procedures shall be used to obtain consent
for any treatment necessary to preserve the life or health of
any committed patient:
(a) The written, informed consent of a competent adult
patient for the treatment is sufficient.
(b) If the patient is subject to guardianship or
conservatorship which includes the provision of medical care,
the written, informed consent of the guardian or conservator for
the treatment is sufficient.
(c) 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, written, informed
consent for the surgery or medical treatment 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, or are unable to consent, the head of
the treatment facility or an interested person may petition the
committing court for approval for the treatment or may petition
a court of competent jurisdiction 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.
(d) Consent 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 to hospitalization, routine diagnostic evaluation, and
emergency or short-term acute care.
(e) In the case of an emergency 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 written, informed 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. 26. Minnesota Statutes 1996, section 253B.03,
subdivision 6b, is amended to read:
Subd. 6b. [CONSENT FOR MENTAL HEALTH TREATMENT.] A
competent person admitted without commitment voluntarily to a
treatment facility may be subjected to intrusive mental health
treatment only with the person's written informed consent. For
purposes of this section, "intrusive mental health treatment"
means electroshock therapy and neuroleptic medication and does
not include treatment for mental retardation. An incompetent
person who has prepared a directive under subdivision 6d
regarding treatment with intrusive therapies must be treated in
accordance with this section, except in cases of emergencies.
Sec. 27. Minnesota Statutes 1996, section 253B.03,
subdivision 7, is amended to read:
Subd. 7. [PROGRAM PLAN.] A person receiving services under
this chapter has the right to receive proper care and treatment,
best adapted, according to contemporary professional standards,
to rendering further custody, institutionalization, or other
services court supervision unnecessary. The treatment facility
shall devise a written program plan for each person which
describes in behavioral terms the case problems, the precise
goals, including the expected period of time for treatment, and
the specific measures to be employed. Each plan shall be
reviewed at least quarterly to determine progress toward the
goals, and to modify the program plan as necessary. The program
plan shall be devised and reviewed with the designated agency
and with the patient. The clinical record shall reflect the
program plan review. If the designated agency or the patient
does not participate in the planning and review, the clinical
record shall include reasons for nonparticipation and the plans
for future involvement. The commissioner shall monitor the
program plan and review process for regional centers to insure
compliance with the provisions of this subdivision.
Sec. 28. Minnesota Statutes 1996, section 253B.03,
subdivision 8, is amended to read:
Subd. 8. [MEDICAL RECORDS.] A patient has the right to
access to personal medical records. Notwithstanding the
provisions of section 144.335, subdivision 2, every person
subject to a proceeding or receiving services pursuant to this
chapter and the patient's attorney shall have complete access to
all medical records relevant to the person's commitment. A
provider may require an attorney to provide evidence of
representation of the patient or an authorization signed by the
patient.
Sec. 29. Minnesota Statutes 1996, section 253B.04, is
amended to read:
253B.04 [INFORMAL VOLUNTARY TREATMENT AND ADMISSION
PROCEDURES.]
Subdivision 1. [VOLUNTARY ADMISSION AND
TREATMENT.] Informal Voluntary admission by consent is preferred
over involuntary commitment and treatment. Any person 16 years
of age or older may request to be admitted to a treatment
facility as an informal a voluntary 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 a voluntary 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 refuse any person seeking admission as an informal a
voluntary patient.
Subd. 1a. [VOLUNTARY TREATMENT OR ADMISSION FOR PERSONS
WITH MENTAL ILLNESS.] (a) A person with a mental illness may
seek or voluntarily agree to accept treatment or admission to a
facility. If the mental health provider determines that the
person lacks the capacity to give informed consent for the
treatment or admission, and in the absence of a durable power of
attorney for health care that authorizes consent, the designated
agency or its designee may give informed consent for mental
health treatment or admission to a treatment facility on behalf
of the person.
(b) The designated agency shall apply the following
criteria in determining the person's ability to give informed
consent:
(1) whether the person demonstrates an awareness of the
person's illness, and the reasons for treatment, its risks,
benefits and alternatives, and the possible consequences of
refusing treatment; and
(2) whether the person communicates verbally or nonverbally
a clear choice concerning treatment that is a reasoned one, not
based on delusion, even though it may not be in the person's
best interests.
(c) The basis for the designated agency's decision that the
person lacks the capacity to give informed consent for treatment
or admission, and that the patient has voluntarily accepted
treatment or admission, must be documented in writing.
(d) A mental health provider that provides treatment in
reliance on the written consent given by the designated agency
under this subdivision is not civilly or criminally liable for
performing treatment without consent. This paragraph does not
affect any other liability that may result from the manner in
which the treatment is performed.
(e) A person who receives treatment or is admitted to a
facility under this subdivision has the right to refuse
treatment at any time or to be released from a facility as
provided under subdivision 2. The person or any interested
person acting on the person's behalf may seek court review
within five days for a determination of whether the person's
agreement to accept treatment or admission is voluntary. At the
time a person agrees to treatment or admission to a facility
under this subdivision, the designated agency or its designee
shall inform the person in writing of the person's rights under
this paragraph.
(f) This subdivision does not authorize the administration
of neuroleptic medications. Neuroleptic medications may be
administered only as provided in section 253B.092.
Subd. 2. [RELEASE.] Every patient admitted for mental
illness or mental retardation under this section shall be
informed in writing at the time of admission that the patient
has a right to leave the facility within 12 hours of making a
request, unless held under another provision of this chapter.
Every patient admitted for chemical dependency under this
section shall be informed in writing at the time of admission
that the patient has a right to leave the facility within 72
hours, exclusive of Saturdays, Sundays and holidays, of making a
request, unless held under another provision of this chapter.
The request shall be submitted in writing to the head of the
treatment facility or the person's designee. On deeming it to
be in the best interest of the person, the person's family, or
the public, the head of the treatment facility shall petition
for the commitment of the person pursuant to section 253B.07.
Sec. 30. Minnesota Statutes 1996, 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 examiner's 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 identify those
individuals, to the extent practicable. A copy of
the examiner's statement shall be personally served on the
person immediately upon admission. A copy of the statement and
a copy shall be maintained by the treatment facility.
Sec. 31. Minnesota Statutes 1996, section 253B.05,
subdivision 2, is amended to read:
Subd. 2. [PEACE OR HEALTH OFFICER HOLD AUTHORITY.] (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, either through
direct observation of the person's behavior, or upon reliable
information of the person's recent behavior and knowledge of the
person's past behavior or psychiatric treatment, 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. The peace or health officer shall make written
application for admission of the person to a the treatment
facility shall be made by the peace or health officer. The
application shall contain a the peace or health officer's
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) As far as is practicable, a peace officer who provides
transportation for a person placed in a facility under this
subdivision may not be in uniform and may not use a vehicle
visibly marked as a law enforcement vehicle.
(c) 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: (1) 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, (2) a written statement is made by the
institution program director or the director's designee on duty
at the facility that after preliminary examination that 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. 32. Minnesota Statutes 1996, section 253B.05, is
amended by adding a subdivision to read:
Subd. 2b. [NOTICE.] Every person held pursuant to this
section must be informed in writing at the time of admission of
the right to leave after 72 hours, to a medical examination
within 48 hours, and to request a change to voluntary status.
The treatment facility shall, upon request, assist the person in
exercising the rights granted in this subdivision.
Sec. 33. Minnesota Statutes 1996, 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.
If a petition for the commitment of the person has been is filed
in the district court of in the county of the person's residence
or of the county in which the treatment facility is located and,
the court issues an may issue a judicial hold 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
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 direct the release and shall issue written findings
supporting the decision, but may not delay. The release may not
be delayed pending the written order. Before deciding to
release releasing 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 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; and (3) the peace or health
officer who applied for a hold under subdivision 2.
(c) If a treatment facility releases a person during the
72-hour hold period, 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.
Sec. 34. Minnesota Statutes 1996, section 253B.05,
subdivision 4, is amended to read:
Subd. 4. [CHANGE OF STATUS.] Any person admitted pursuant
to this section shall be changed to the informal voluntary
status provided by section 253B.04 upon the person's request in
writing and with the consent of the head of the treatment
facility.
Sec. 35. Minnesota Statutes 1996, section 253B.06, is
amended to read:
253B.06 [MEDICAL EXAMINATION INITIAL ASSESSMENT.]
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 must be 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 section 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. 2a. [PATIENT REFUSAL.] If a patient refuses to be
examined, the determination of the patient's need for treatment
may be based on other available information and documented in
the patient's medical record.
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 the examiner's or staff
person's opinion the patient is apparently in need of care,
treatment, and evaluation as a mentally ill, mentally retarded,
or chemically dependent person.
Sec. 36. [253B.064] [COURT-ORDERED EARLY INTERVENTION;
PRELIMINARY PROCEDURES.]
Subdivision 1. [GENERAL.] (a) An interested person may
apply to the designated agency for early intervention of a
proposed patient in the county of the patient's residence or
presence. If the designated agency determines that early
intervention may be appropriate, a prepetition screening report
must be prepared pursuant to section 253B.07, subdivision 1.
The county attorney may file a petition for early intervention
following the procedures of section 253B.07, subdivision 2.
(b) The proposed patient is entitled to representation by
counsel, pursuant to section 253B.03, subdivision 9. The
proposed patient shall be examined by an examiner, and has the
right to a second independent examiner, pursuant to section
253B.07, subdivisions 3 and 5.
Subd. 2. [PREHEARING EXAMINATION; FAILURE TO APPEAR.] If a
proposed patient fails to appear for the examination, the court
may:
(1) reschedule the examination; or
(2) deem the failure to appear as a waiver of the proposed
patient's right to an examination and consider the failure to
appear when deciding the merits of the petition for early
intervention.
Subd. 3. [COUNTY OPTION.] Nothing in sections 253B.064 to
253B.066 requires a county to use early intervention procedures.
Sec. 37. [253B.065] [COURT-ORDERED EARLY INTERVENTION;
HEARING PROCEDURES.]
Subdivision 1. [TIME FOR EARLY INTERVENTION HEARING.] The
hearing on the petition for early intervention shall be held
within 14 days from the date of the filing of the petition. For
good cause shown, the court may extend the time of hearing up to
an additional 30 days. When any proposed patient has not had a
hearing on a petition filed for early intervention within the
allowed time, the proceedings shall be dismissed.
Subd. 2. [NOTICE OF HEARING.] The proposed patient, the
patient's counsel, the petitioner, the county attorney, and any
other persons as the court directs shall be given at least five
days' notice that a hearing will be held and at least two days'
notice of the time and date of the hearing, except that any
person may waive notice. Notice to the proposed patient may be
waived by patient's counsel.
Subd. 3. [FAILURE TO APPEAR.] If a proposed patient fails
to appear at the hearing, the court may reschedule the hearing
within five days and direct a health officer, peace officer, or
other person to take the proposed patient to an appropriate
treatment facility designated by the court and transport the
person to the hearing.
Subd. 4. [PROCEDURES.] The hearing must be conducted
pursuant to section 253B.08, subdivisions 3 to 8.
Subd. 5. [EARLY INTERVENTION CRITERIA.] (a) A court shall
order early intervention treatment of a proposed patient who
meets the criteria under paragraph (b). The early intervention
treatment must be less intrusive than long-term inpatient
commitment and must be the least restrictive treatment program
available that can meet the patient's treatment needs.
(b) The court shall order early intervention treatment if
the court finds all of the elements of the following factors by
clear and convincing evidence:
(1) the proposed patient is mentally ill;
(2) the proposed patient refuses to accept appropriate
mental health treatment; and
(3) the proposed patient's mental illness is manifested by
instances of grossly disturbed behavior or faulty perceptions
and either:
(i) the grossly disturbed behavior or faulty perceptions
significantly interfere with the proposed patient's ability to
care for self and the proposed patient, when competent, would
have chosen substantially similar treatment under the same
circumstances; or
(ii) due to the mental illness, the proposed patient
received court-ordered inpatient treatment under section 253B.09
at least two times in the previous three years; the patient is
exhibiting symptoms or behavior substantially similar to those
that precipitated one or more of the court-ordered treatments;
and the patient is reasonably expected to physically or mentally
deteriorate to the point of meeting the criteria for commitment
under section 253B.09 unless treated.
Sec. 38. [253B.066] [COURT-ORDERED EARLY INTERVENTION;
DECISION; TREATMENT ALTERNATIVES; DURATION.]
Subdivision 1. [TREATMENT ALTERNATIVES.] If the court
orders early intervention under section 253B.065, subdivision 5,
the court may include in its order a variety of treatment
alternatives including, but not limited to, day treatment,
medication compliance monitoring, and short-term hospitalization
not to exceed ten days.
If the court orders short-term hospitalization and the
proposed patient will not go voluntarily, the court may direct a
health officer, peace officer, or other person to take the
person into custody and transport the person to the hospital.
Subd. 2. [FINDINGS.] The court shall find the facts
specifically and separately state its conclusions of law in its
order. Where early intervention is ordered, the findings of
fact and conclusions of law shall specifically state the
proposed patient's conduct which is a basis for determining that
each of the requisites for early intervention is met.
The court shall also determine the nature and extent of the
property of the patient and of the persons who are liable for
the patient's care.
Subd. 3. [DURATION.] The order for early intervention
shall not exceed 90 days.
Sec. 39. Minnesota Statutes 1996, section 253B.07,
subdivision 1, is amended to read:
Subdivision 1. [PREPETITION SCREENING.] (a) Prior to
filing a petition for commitment of or early intervention for a
proposed patient, 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, except when the proposed patient has been
acquitted of a crime under section 611.026 and the county
attorney is required to file a petition for commitment pursuant
to subdivision 2. In any case coming within this exception, the
county attorney shall apply to the designated county agency in
the county in which the acquittal took place for a preliminary
investigation unless substantially the same information relevant
to the proposed patient's current mental condition as could be
obtained by a preliminary investigation is part of the court
record in the criminal proceeding or is contained in the report
of a mental examination conducted in connection with the
criminal proceeding. 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; and
(iv) in the case of a commitment based on mental illness,
the following information, if it is known or available:
information that may be relevant to the administration of
neuroleptic medications, if necessary, including the existence
of a declaration under section 253B.03, subdivision 6d, or a
durable power of attorney for health care under chapter 145C or
a guardian, conservator, proxy, or attorney-in-fact with
authority to make health care decisions for the proposed
patient; information regarding the capacity of the proposed
patient to make decisions regarding administration of
neuroleptic medication; and whether the proposed patient is
likely to consent or refuse consent to administration of the
medication.
(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. The
prepetition screening report is not admissible in any court
proceedings unrelated to the commitment proceedings.
(c) When the prepetition 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 prepetition screening team shall refuse to support
a petition if the investigation does not disclose evidence
sufficient to support commitment. Notice of the prepetition
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 prepetition
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 the proposed patient has been acquitted of a crime
under section 611.026, the county attorney shall apply to the
designated county agency in the county in which the acquittal
took place for a preliminary investigation unless substantially
the same information relevant to the proposed patient's current
mental condition, as could be obtained by a preliminary
investigation, is part of the court record in the criminal
proceeding or is contained in the report of a mental examination
conducted in connection with the criminal proceeding. If a
court petitions for commitment pursuant to the rules of criminal
or juvenile procedure or a county attorney petitions pursuant to
acquittal of a criminal charge under section 611.026, the
prepetition investigation, if required by this section, shall be
completed within seven days after the filing of the petition.
Sec. 40. Minnesota Statutes 1996, section 253B.07,
subdivision 2, is amended to read:
Subd. 2. [THE PETITION.] (a) Any interested person, except
a member of the prepetition screening team, may file a petition
for commitment in the district court of the county of the
proposed patient's residence or presence. Following an
acquittal of a person of a criminal charge under section
611.026, the petition shall be filed by the county attorney of
the county in which the acquittal took place and the petition
shall be filed with the court in which the acquittal took place,
and that court shall be the committing court for purposes of
this chapter. 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 petition for the commitment
of the person.
(b) The petition shall set forth the name and address of
the proposed patient, the name and address of the patient's
nearest relatives, and the reasons for the petition. The
petition must contain factual descriptions of the proposed
patient's recent behavior, including a description of the
behavior, where it occurred, and over what the time period of
time over which it occurred. Each factual allegation must be
supported by observations of witnesses named in the petition.
Petitions shall be stated in behavioral terms and shall not
contain judgmental or conclusory statements.
(c) The petition shall be accompanied by a written
statement by an examiner stating that the examiner has examined
the proposed patient within the 15 days preceding the filing of
the petition and is of the opinion that the proposed patient is
suffering a designated disability and should be committed to a
treatment facility. The statement shall include the reasons for
the opinion. In the case of a commitment based on mental
illness, the petition and the examiner's statement may include,
to the extent this information is available, a statement and
opinion regarding the proposed patient's need for treatment with
neuroleptic medication and the patient's capacity to make
decisions regarding the administration of neuroleptic
medications, and the reasons for the opinion. If a petitioner
has been unable to secure a statement from an examiner, the
petition shall include documentation that a reasonable effort
has been made to secure the supporting statement.
Sec. 41. Minnesota Statutes 1996, section 253B.07,
subdivision 2a, is amended to read:
Subd. 2a. [PETITION FOLLOWING ACQUITTAL; REFERRAL.]
Following an acquittal of a person of a criminal charge under
section 611.026, the petition shall be filed by the county
attorney of the county in which the acquittal took place and the
petition shall be filed with the court in which the acquittal
took place, and that court shall be the committing court for
purposes of this chapter. When a petition is filed pursuant to
subdivision 2 with the court in which acquittal of a criminal
charge took place, the court shall assign the judge before whom
the acquittal took place to hear the commitment proceedings
unless that judge is unavailable.
Sec. 42. Minnesota Statutes 1996, section 253B.07, is
amended by adding a subdivision to read:
Subd. 2b. [APPREHEND AND HOLD ORDERS.] The court may order
the treatment facility to hold the person in a treatment
facility or direct a health officer, peace officer, or other
person to take the proposed patient into custody and transport
the proposed patient to a treatment facility for observation,
evaluation, diagnosis, care, treatment, and, if necessary,
confinement, when: (1) there has been a particularized showing
by the petitioner that serious imminent physical harm to the
proposed patient or others is likely unless the proposed patient
is apprehended; (2) the proposed patient has not voluntarily
appeared for the examination or the commitment hearing pursuant
to the summons; or (3) a person is held pursuant to section
253B.05 and a request for a petition for commitment has been
filed. The order of the court may be executed on any day and at
any time by the use of all necessary means including the
imposition of necessary restraint upon the proposed patient.
Where possible, a peace officer taking the proposed patient into
custody pursuant to this subdivision shall not be in uniform and
shall not use a motor vehicle visibly marked as a police vehicle.
Sec. 43. Minnesota Statutes 1996, section 253B.07, is
amended by adding a subdivision to read:
Subd. 2c. [RIGHT TO COUNSEL.] A patient has the right to
be represented by counsel at any proceeding under this chapter.
The court shall appoint a qualified attorney to represent the
proposed patient if neither the proposed patient nor others
provide counsel. The attorney shall be appointed at the time a
petition for commitment is filed. In all proceedings under this
chapter, the attorney shall:
(1) consult with the person prior to any hearing;
(2) be given adequate time and access to records to prepare
for all hearings;
(3) continue to represent the person throughout any
proceedings under this chapter unless released as counsel by the
court; and
(4) be a vigorous advocate on behalf of the person.
Sec. 44. Minnesota Statutes 1996, section 253B.07, is
amended by adding a subdivision to read:
Subd. 2d. [CHANGE OF VENUE.] Either party may move to have
the venue of the petition changed to the district court of the
county of the person's residence, if the person is a resident of
Minnesota. If the petition has been filed pursuant to the rules
of criminal or juvenile procedure, venue may not be changed
without the approval of the court in which the juvenile or
criminal proceedings are pending.
Sec. 45. Minnesota Statutes 1996, section 253B.07,
subdivision 3, is amended to read:
Subd. 3. [EXAMINERS.] After a petition has been filed, the
court in which the petition was filed shall appoint an
examiner. Prior to the hearing, the court shall inform the
proposed patient of the right 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. 46. Minnesota Statutes 1996, section 253B.07,
subdivision 4, is amended to read:
Subd. 4. [PREHEARING EXAMINATION; NOTICE AND SUMMONS
PROCEDURE.] (a) A summons to appear for a prehearing 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 examiner's supporting statement, and the order for
examination and a copy of the prepetition screening report shall
be given to the proposed patient, patient's counsel, the
petitioner, any interested person, and any other persons as the
court directs.
(b) The prepetition screening report, the petition, and the
examiner's supporting statement shall be distributed to the
petitioner, the proposed patient, the patient's counsel, the
county attorney, any person authorized by the patient, and any
other person as the court directs.
(c) 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. 47. Minnesota Statutes 1996, section 253B.07,
subdivision 5, is amended to read:
Subd. 5. [PREHEARING EXAMINATION; REPORT.] The examination
shall be held at a treatment facility or other suitable place
the court determines is not likely to have a harmful effect on
harm the health of the proposed patient. The county attorney
and the patient's attorney may be present during the examination.
Either party may waive this right. Unless otherwise agreed by
the counsel for the proposed patient parties, a court appointed
examiner shall file three copies of the report with the court
not less than 48 hours prior to the commitment hearing. Copies
of the examiner's report shall be sent to the county attorney,
the proposed patient, and the patient's counsel.
Sec. 48. Minnesota Statutes 1996, section 253B.07,
subdivision 7, is amended to read:
Subd. 7. [PRELIMINARY HEARING.] (a) No proposed patient
may be held in a treatment facility under a judicial hold
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 the standard is met to hold the person.
(b) The proposed patient, patient's 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 reliable hearsay evidence,
including written reports, for the purpose of the preliminary
hearing.
(c) The court, on its motion or on the motion of any party,
may exclude or excuse a respondent proposed patient 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 the proposed patient or other
circumstances justifying which justify proceeding in the absence
of the respondent proposed patient.
(d) The court may order the continued holding continue the
court hold of the proposed patient if it finds, by a
preponderance of the evidence, that serious imminent physical
harm to the proposed patient or others is likely if the proposed
patient is not confined. The fact that If a proposed patient
was acquitted of a crime against the person under section
611.026 immediately preceding the filing of the
petition constitutes evidence, the court may presume 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.
(e) Upon a showing that a person subject to a petition for
commitment may need treatment with neuroleptic medications and
that the person may lack capacity to make decisions regarding
that treatment, the court may appoint a substitute
decision-maker as provided in section 253B.092, subdivision 6.
The substitute decision-maker shall meet with the proposed
patient and provider and make a report to the court at the
hearing under section 253B.08 regarding whether the
administration of neuroleptic medications is appropriate under
the criteria of section 253B.092, subdivision 7. If the
substitute decision-maker consents to treatment with neuroleptic
medications and the proposed patient does not refuse the
medication, neuroleptic medication may be administered to the
patient. If the substitute decision-maker does not consent or
the patient refuses, neuroleptic medication may not be
administered without a court order, or in an emergency as set
forth in section 253B.092, subdivision 3.
Sec. 49. Minnesota Statutes 1996, section 253B.08,
subdivision 1, is amended to read:
Subdivision 1. [TIME FOR COMMITMENT HEARING.] The hearing
on the commitment petition shall be held within 14 days from the
date of the filing of the petition. For good cause shown, the
court may extend the time of hearing up to an additional 30
days. When any The proceeding shall be dismissed if the
proposed patient has not had a hearing on a commitment
petition filed for the person's commitment within the allowed
time, the proceedings shall be dismissed. The proposed patient,
or the head of the treatment facility in which the person is
held, may demand in writing at any time that the hearing be held
immediately. Unless the hearing is held within five days of the
date of the demand, exclusive of Saturdays, Sundays and legal
holidays, the petition shall be automatically discharged if the
patient is being held in a treatment facility pursuant to court
order. For good cause shown, the court may extend the time of
hearing on the demand for an additional ten days.
Sec. 50. Minnesota Statutes 1996, section 253B.08,
subdivision 2, is amended to read:
Subd. 2. [NOTICE OF HEARING.] The proposed patient,
patient's counsel, the petitioner, the county attorney, and any
other persons as the court directs shall be given at least five
days' notice that a hearing will be held and at least two days'
notice of the time and date of the hearing, except that any
person may waive notice. Notice to the proposed patient may be
waived by patient's counsel. If the proposed patient has no
residence in this state, the commissioner shall be notified of
the proceedings by the court.
Sec. 51. Minnesota Statutes 1996, section 253B.08, is
amended by adding a subdivision to read:
Subd. 2a. [PLACE OF HEARING.] The hearing shall be
conducted in a manner consistent with orderly procedure. The
hearing shall be held at a courtroom meeting standards
prescribed by local court rule which may be at a treatment
facility.
Sec. 52. Minnesota Statutes 1996, section 253B.08,
subdivision 3, is amended to read:
Subd. 3. [RIGHT TO ATTEND AND TESTIFY.] All persons to
whom notice has been given may attend the hearing and, except
for the proposed patient's counsel, may testify. The court
shall notify them of their right to attend the hearing and to
testify. The court may exclude any person not necessary for the
conduct of the proceedings from the hearings except any person
requested to be present by the proposed patient. Nothing in
this section shall prevent the court from ordering the
sequestration of any witness or witnesses other than the
petitioner or the proposed patient.
Sec. 53. Minnesota Statutes 1996, section 253B.08,
subdivision 5, is amended to read:
Subd. 5. [ABSENCE PERMITTED.] (a) The court may permit the
proposed patient to waive the 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 psychologist attending the
patient is of the opinion that 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 the motion of any
party, may exclude or excuse a respondent proposed patient 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 the proposed patient or other
circumstances justifying proceeding in the absence of the
respondent proposed patient.
Sec. 54. Minnesota Statutes 1996, section 253B.08, is
amended by adding a subdivision to read:
Subd. 5a. [WITNESSES.] The proposed patient or the
patient's counsel and the county attorney may present and
cross-examine witnesses, including examiners, at the hearing.
The court may in its discretion receive the testimony of any
other person. Opinions of court-appointed examiners may not be
admitted into evidence unless the examiner is present to
testify, except by agreement of the parties.
Sec. 55. Minnesota Statutes 1996, section 253B.09,
subdivision 1, is amended to read:
Subdivision 1. [STANDARD OF PROOF.] If the court finds by
clear and convincing evidence that the proposed patient is a
mentally ill, mentally retarded, or chemically dependent person
and, that after careful consideration of reasonable alternative
dispositions, including but not limited to, dismissal of
petition, voluntary outpatient care, informal voluntary
admission to a treatment facility, appointment of a guardian or
conservator, or release before commitment as provided for in
subdivision 4, it finds that there is no suitable alternative to
judicial commitment, the court shall commit the patient to the
least restrictive treatment program which can meet the patient's
treatment needs consistent with section 253B.03, subdivision 7.
In deciding on the least restrictive program, the court shall
consider a range of treatment alternatives including, but not
limited to, community-based nonresidential treatment, community
residential treatment, partial hospitalization, acute care
hospital, and regional treatment center services. The court
shall also consider the proposed patient's treatment preferences
and willingness to participate in the treatment ordered. The
court may not commit a patient to a facility or program that is
not capable of meeting the patient's needs.
Sec. 56. Minnesota Statutes 1996, section 253B.09,
subdivision 2, is amended to read:
Subd. 2. [FINDINGS.] The court shall find the facts
specifically, and separately state its conclusions of law, and
direct the entry of an appropriate judgment. Where commitment
is ordered, the findings of fact and conclusions of law shall
specifically state the proposed patient's conduct which is a
basis for determining that each of the requisites for commitment
is met.
If commitment is ordered, the findings shall also include a
listing of identify less restrictive alternatives considered and
rejected by the court and the reasons for rejecting each
alternative.
If the proceedings are dismissed, the court may direct that
the person be transported back to a suitable location.
Sec. 57. Minnesota Statutes 1996, section 253B.09,
subdivision 3, is amended to read:
Subd. 3. [FINANCIAL DETERMINATION.] The court shall
determine the nature and extent of the property of the patient
and of the persons who are liable for the patient's care. If
the patient is committed to a regional facility, a copy shall be
transmitted treatment center, the court shall send a copy of the
commitment order to the commissioner.
Sec. 58. Minnesota Statutes 1996, section 253B.09, is
amended by adding a subdivision to read:
Subd. 3a. [REPORTING JUDICIAL COMMITMENTS INVOLVING
PRIVATE TREATMENT PROGRAMS OR FACILITIES.] Notwithstanding
section 253B.23, subdivision 9, when a court commits a patient
to a treatment program or facility other than a state-operated
program or facility, the court shall report the commitment to
the commissioner through the supreme court information system
for purposes of providing commitment information for firearm
background checks under section 245.041.
Sec. 59. Minnesota Statutes 1996, section 253B.09,
subdivision 5, is amended to read:
Subd. 5. [INITIAL COMMITMENT PERIOD.] The initial
commitment begins on the date that the court issues its order or
warrant under section 253B.10, subdivision 1. For persons
committed as mentally ill, mentally retarded, or chemically
dependent the initial commitment shall not exceed six months.
At least 60 days, but not more than 90 days, after the
commencement of the initial commitment of a person as mentally
ill, mentally retarded, or chemically dependent, the head of the
facility shall file a written report with the committing court
with a copy to the patient and patient's counsel. This first
report shall set forth the same information as is required in
section 253B.12, subdivision 1, but no hearing shall be required
at this time. If no written report is filed within the required
time, or if it describes the patient as not in need of further
institutional care and treatment, the proceedings shall be
terminated by the committing court, and the patient shall be
discharged from the treatment facility. If the person is
discharged prior to the expiration of 60 days, the report
required by this subdivision shall be filed at the time of
discharge.
Sec. 60. [253B.092] [STANDARDS AND CRITERIA FOR
ADMINISTRATION OF NEUROLEPTIC MEDICATION; PROCEDURES.]
Subdivision 1. [GENERAL.] Neuroleptic medications may be
administered to patients subject to early intervention or civil
commitment as mentally ill or mentally ill and dangerous only as
provided in this section. For purposes of this section,
"patient" includes a proposed patient who is the subject of a
petition for early intervention or commitment.
Subd. 2. [ADMINISTRATION WITHOUT JUDICIAL
REVIEW.] Neuroleptic medications may be administered without
judicial review in the following circumstances:
(1) the patient has the capacity to make an informed
decision under subdivision 4;
(2) the patient does not have the present capacity to
consent to the administration of neuroleptic medication, but
prepared a durable power of attorney for health care under
chapter 145C or a declaration under section 253B.03, subdivision
6d, requesting treatment or authorizing an agent or proxy to
request treatment, and the agent or proxy has requested the
treatment;
(3) a substitute decision-maker appointed by the court
consents to the administration of the neuroleptic medication and
the patient does not refuse administration of the medication; or
(4) the substitute decision-maker does not consent or the
patient is refusing medication, and the patient is in an
emergency situation.
Subd. 3. [EMERGENCY ADMINISTRATION.] A treating physician
may administer neuroleptic medication to a patient who does not
have capacity to make a decision regarding administration of the
medication if the patient is in an emergency situation.
Medication may be administered for so long as the emergency
continues to exist, up to 14 days, if the treating physician
determines that the medication is necessary to prevent serious,
immediate physical harm to the patient or to others. If a
request for authorization to administer medication is made to
the court within the 14 days, the treating physician may
continue the medication through the date of the first court
hearing, if the emergency continues to exist. If the request
for authorization to administer medication is made to the court
in conjunction with a petition for commitment or early
intervention and the court makes a determination at the
preliminary hearing under section 253B.07, subdivision 7, that
there is sufficient cause to continue the physician's order
until the hearing under section 253B.08, the treating physician
may continue the medication until that hearing, if the emergency
continues to exist. The treatment facility shall document the
emergency in the patient's medical record in specific behavioral
terms.
Subd. 4. [PATIENTS WITH CAPACITY TO MAKE INFORMED
DECISION.] A patient who has the capacity to make an informed
decision regarding the administration of neuroleptic medication
may consent or refuse consent to administration of the
medication. The informed consent of a patient must be in
writing.
Subd. 5. [DETERMINATION OF CAPACITY.] (a) A patient is
presumed to have capacity to make decisions regarding
administration of neuroleptic medication.
(b) In determining a person's capacity to make decisions
regarding the administration of neuroleptic medication, the
court shall consider:
(1) whether the person demonstrates an awareness of the
nature of the person's situation, including the reasons for
hospitalization, and the possible consequences of refusing
treatment with neuroleptic medications;
(2) whether the person demonstrates an understanding of
treatment with neuroleptic medications and the risks, benefits,
and alternatives; and
(3) whether the person communicates verbally or nonverbally
a clear choice regarding treatment with neuroleptic medications
that is a reasoned one not based on delusion, even though it may
not be in the person's best interests.
Disagreement with the physician's recommendation is not
evidence of an unreasonable decision.
Subd. 6. [PATIENTS WITHOUT CAPACITY TO MAKE INFORMED
DECISION; SUBSTITUTE DECISION-MAKER.] (a) Upon request of any
person, and upon a showing that administration of neuroleptic
medications may be recommended and that the person may lack
capacity to make decisions regarding the administration of
neuroleptic medication, the court shall appoint a substitute
decision-maker with authority to consent to the administration
of neuroleptic medication as provided in this section. The
substitute decision-maker must be an individual or a community
or institutional multidisciplinary panel designated by the local
mental health authority. In appointing a substitute
decision-maker, the court shall give preference to a guardian or
conservator, proxy, or attorney-in-fact with authority to make
health care decisions for the patient. The court may provide
for the payment of a reasonable fee to the substitute
decision-maker for services under this section or may appoint a
volunteer.
(b) If the person's treating physician recommends treatment
with neuroleptic medication, the substitute decision-maker may
give or withhold consent to the administration of the
medication, based on the standards under subdivision 7. If the
substitute decision-maker gives informed consent to the
treatment and the person does not refuse, the substitute
decision-maker shall provide written consent to the treating
physician and the medication may be administered. The
substitute decision-maker shall also notify the court that
consent has been given. If the substitute decision-maker
refuses or withdraws consent or the person refuses the
medication, neuroleptic medication may not be administered to
the person without a court order or in an emergency.
(c) A substitute decision-maker appointed under this
section has access to the pertinent sections of the patient's
health records on the past or present administration of
medication. The designated agency or a person involved in the
patient's physical or mental health care may disclose
information to the substitute decision-maker for the sole
purpose of performing the responsibilities under this section.
(d) At a hearing under section 253B.08, the petitioner has
the burden of proving incapacity by a preponderance of the
evidence. If a substitute decision-maker has been appointed by
the court, the court shall make findings regarding the patient's
capacity to make decisions regarding the administration of
neuroleptic medications and affirm or reverse its appointment of
a substitute decision-maker. If the court affirms the
appointment of the substitute decision-maker, and if the
substitute decision-maker has consented to the administration of
the medication and the patient has not refused, the court shall
make findings that the substitute decision-maker has consented
and the treatment is authorized. If a substitute decision-maker
has not yet been appointed, upon request the court shall make
findings regarding the patient's capacity and appoint a
substitute decision-maker if appropriate.
(e) If an order for civil commitment or early intervention
did not provide for the appointment of a substitute
decision-maker or for the administration of neuroleptic
medication, the treatment facility may later request the
appointment of a substitute decision-maker upon a showing that
administration of neuroleptic medications is recommended and
that the person lacks capacity to make decisions regarding the
administration of neuroleptic medications. A hearing is not
required in order to administer the neuroleptic medication
unless requested under subdivision 10 or if the substitute
decision-maker withholds or refuses consent or the person
refuses the medication.
(f) The substitute decision-maker's authority to consent to
treatment lasts for the duration of the court's order of
appointment or until modified by the court.
If the substitute decision-maker withdraws consent or the
patient refuses consent, neuroleptic medication may not be
administered without a court order.
(g) If there is no hearing after the preliminary hearing,
then the court shall, upon the request of any interested party,
review the reasonableness of the substitute decision-maker's
decision based on the standards under subdivision 7. The court
shall enter an order upholding or reversing the decision within
seven days.
Subd. 7. [STANDARDS FOR MAKING DECISION REGARDING
ADMINISTRATION OF NEUROLEPTIC MEDICATION.] (a) When a person
lacks capacity to make decisions regarding the administration of
neuroleptic medication, the substitute decision-maker or the
court shall use the standards in this subdivision in making a
decision regarding administration of the medication.
(b) If the person clearly stated what the person would
choose to do in this situation when the person had the capacity
to make a reasoned decision, the person's wishes must be
followed. Evidence of the person's wishes may include written
instruments, including a durable power of attorney for health
care under chapter 145C or a declaration under section 253B.03,
subdivision 6d.
(c) If evidence of the person's wishes regarding the
administration of neuroleptic medications is conflicting or
lacking, the decision must be based on what a reasonable person
would do, taking into consideration:
(1) the person's family, community, moral, religious, and
social values;
(2) the medical risks, benefits, and alternatives to the
proposed treatment;
(3) past efficacy and any extenuating circumstances of past
use of neuroleptic medications; and
(4) any other relevant factors.
Subd. 8. [PROCEDURE WHEN PATIENT REFUSES MEDICATION.] (a)
If the substitute decision-maker or the patient refuses to
consent to treatment with neuroleptic medications, and absent an
emergency as set forth in subdivision 3, neuroleptic medications
may not be administered without a court order. Upon receiving a
written request for a hearing, the court shall schedule the
hearing within 14 days of the request. The matter may be heard
as part of any other district court proceeding under this
chapter. By agreement of the parties or for good cause shown,
the court may extend the time of hearing an additional 30 days.
(b) The patient must be examined by a court examiner prior
to the hearing. If the patient refuses to participate in an
examination, the examiner may rely on the patient's medical
records to reach an opinion as to the appropriateness of
neuroleptic medication. The patient is entitled to counsel and
a second examiner, if requested by the patient or patient's
counsel.
(c) The court may base its decision on relevant and
admissible evidence, including the testimony of a treating
physician or other qualified physician, a member of the
patient's treatment team, a court appointed examiner, witness
testimony, or the patient's medical records.
(d) If the court finds that the patient has the capacity to
decide whether to take neuroleptic medication or that the
patient lacks capacity to decide and the standards for making a
decision to administer the medications under subdivision 7 are
not met, the treating facility may not administer medication
without the patient's informed written consent or without the
declaration of an emergency, or until further review by the
court.
(e) If the court finds that the patient lacks capacity to
decide whether to take neuroleptic medication and has applied
the standards set forth in subdivision 7, the court may
authorize the treating facility and any other community or
treatment facility to which the patient may be transferred or
provisionally discharged, to involuntarily administer the
medication to the patient.
(f) A finding of lack of capacity under this section must
not be construed to determine the patient's competence for any
other purpose.
(g) The court may authorize the administration of
neuroleptic medication until the termination of a determinate
commitment. If the patient is committed for an indeterminate
period, the court may authorize treatment of neuroleptic
medication for not more than two years, subject to the patient's
right to petition the court for review of the order. The
treatment facility must submit annual reports to the court,
which shall provide copies to the patient and the respective
attorneys.
(h) The court may limit the maximum dosage of neuroleptic
medication that may be administered.
(i) If physical force is required to administer the
neuroleptic medication, force may only take place in a treatment
facility or therapeutic setting where the person's condition can
be reassessed and appropriate medical staff are available.
Subd. 9. [IMMUNITY.] A substitute decision-maker who
consents to treatment is not civilly or criminally liable for
the performance of or the manner of performing the treatment. A
person is not liable for performing treatment without consent if
the substitute decision-maker has given written consent. This
provision does not affect any other liability that may result
from the manner in which the treatment is performed.
Subd. 10. [REVIEW.] A patient or other person may petition
the court under section 253B.17 for review of any determination
under this section or for a decision regarding the
administration of neuroleptic medications, appointment of a
substitute decision-maker, or the patient's capacity to make
decisions regarding administration of neuroleptic medications.
Sec. 61. [253B.0921] [ACCESS TO MEDICAL RECORDS.]
A treating physician who makes medical decisions regarding
the prescription and administration of medication for treatment
of a mental illness has access to the pertinent sections of a
patient's health records on past administration of medication at
any treatment facility, if the patient lacks the capacity to
authorize the release of records. Upon request of a treating
physician under this section, a treatment facility shall supply
complete information relating to the past records on
administration of medication of a patient subject to this
chapter. A patient who has the capacity to authorize the
release of data retains the right to make decisions regarding
access to medical records as provided by section 144.335.
Sec. 62. Minnesota Statutes 1996, section 253B.095, is
amended to read:
253B.095 [RELEASE BEFORE COMMITMENT.]
Subdivision 1. [COURT RELEASE.] (a) After the hearing and
before a commitment order has been issued, the court may release
a proposed patient to the custody of an individual or agency
upon conditions that guarantee the care and treatment of the
patient.
(b) A person against whom a criminal proceeding is pending
may not be released. Continuances may not extend beyond 14
(c) A continuance for dismissal, with or without findings,
may be granted for up to 90 days.
(d) When the court stays an order for commitment for more
than 14 days beyond the date of the initially scheduled hearing,
the court shall issue an order that meets the requirements of
this section.
Subd. 2. [STAY BEYOND 14 DAYS.] An order staying
commitment for more than 14 days must include:
(1) a written plan for services to which the proposed
patient has agreed;
(2) a finding that the proposed treatment is available and
accessible to the patient and that public or private financial
resources are available to pay for the proposed treatment; and
(3) conditions the patient must meet to avoid imposition
revocation of the stayed commitment order and imposition of the
commitment order.
(e) A person receiving treatment under this section has all
rights under this chapter.
Subd. 3. 2. [CASE MANAGER.] When a court releases a
patient with mental illness under this section, the court shall
appoint a direct the case manager.
Subd. 4. [REPORTS.] The case manager shall to report to
the court at least once every 90 days. The case manager and
shall immediately report a substantial failure of a patient or
provider to comply with the conditions of the release.
Subd. 5. 3. [DURATION.] The maximum duration of an a
stayed order under this section is six months. The court may
continue the order for a maximum of an additional 12 months if,
after notice and hearing, under sections 253B.08 and 253B.09 the
court finds that (1) the person continues to be mentally
ill suffer from mental illness, chemical dependency, or mental
retardation, and (2) an order is needed to protect the patient
or others.
Subd. 6. 4. [MODIFICATION OF ORDER.] An order under this
section may be modified upon agreement of the parties and
approval of the court.
Subd. 7. 5. [REVOCATION OF ORDER.] The court, on its own
motion or upon the petition motion of any person party that the
patient has not complied with a material condition of release,
and after notice and a hearing unless otherwise ordered by the
court, may revoke any release and commit the proposed patient
under this chapter.
Sec. 63. Minnesota Statutes 1996, section 253B.10, is
amended to read:
253B.10 [PROCEDURES FOR UPON COMMITMENT.]
Subdivision 1. [ADMINISTRATIVE REQUIREMENTS.] When a
person is committed, the court shall issue a warrant in
duplicate, or an order committing the patient to the custody of
the head of the treatment facility. The warrant or order shall
state that the patient meets the statutory criteria for civil
commitment. Upon the arrival of a patient at the designated
treatment facility, the head of the facility shall retain the
duplicate of the warrant and endorse receipt upon the original
warrant, which shall or acknowledge receipt of the order. The
endorsed receipt or acknowledgment must be filed in the court of
commitment. After arrival, the patient shall be under the
control and custody of the head of the treatment facility.
Copies of the petition for commitment, the court's findings
of fact and conclusions of law, the court order committing the
patient, the report of the examiners, and the prepetition report
shall be provided promptly to the treatment facility at the time
of admission.
Subd. 2. [TRANSPORTATION.] When a proposed patient is
about to be placed in a treatment facility, the court may order
the designated agency, the treatment facility, or any
responsible adult to transport the patient to the treatment
facility. Unless otherwise ordered by the court Whenever
possible, a peace officer who provides the transportation shall
not be in uniform and shall not use a vehicle visibly marked as
a police vehicle. The proposed patient may be accompanied by one
or more interested persons.
When a proposed patient who is at a regional treatment
center requests a change of venue or when a hearing is to be
held for adjudication of a patient's status pursuant to section
253B.17, the commissioner shall provide transportation.
Subd. 3. [NOTICE OF ADMISSION.] Whenever a committed
person has been admitted to a treatment facility under the
provisions of sections 253B.09 or 253B.18, the head of the
treatment facility shall immediately notify the patient's spouse
or parent and the county of the patient's legal residence if the
county may be liable for a portion of the cost of
institutionalization treatment. If the committed person was
admitted upon the petition of a spouse or parent the head of the
treatment facility shall notify an interested person other than
the petitioner.
Subd. 4. [PRIVATE INSTITUTIONALIZATION TREATMENT.]
Patients or other responsible persons are required to pay the
necessary charges for patients committed or transferred to
private treatment facilities. Private treatment facilities may
refuse to accept a committed person.
Subd. 5. [TRANSFER TO VOLUNTARY STATUS.] At any time prior
to the expiration of the initial commitment period, a patient
who has not been committed as mentally ill and dangerous to the
public may be transferred to voluntary status upon the patient's
application in writing with the consent of the head of the
facility. Upon transfer, the head of the treatment facility
shall immediately notify the court in writing and the court
shall terminate the proceedings.
Sec. 64. Minnesota Statutes 1996, section 253B.11,
subdivision 2, is amended to read:
Subd. 2. [FACILITIES.] Each county or a group of counties
shall maintain or provide by contract a facility for confinement
of persons held temporarily for observation, evaluation,
diagnosis, treatment, and care. When the temporary confinement
is provided at a regional center, the commissioner shall charge
the county of financial responsibility for the costs of
confinement of persons hospitalized under section 253B.05,
subdivisions 1 and 2, and section 253B.07, subdivision 6, except
that the commissioner shall bill the responsible prepaid plan
for medically necessary hospitalizations for individuals
enrolled in a prepaid plan under contract to provide medical
assistance, general assistance medical care, or MinnesotaCare
services. If the prepaid plan determines under the terms of the
medical assistance, general assistance medical care, or
MinnesotaCare contract that a hospitalization was not medically
necessary, the county is responsible. "County of financial
responsibility" means the county in which the person resides at
the time of confinement or, if the person has no residence in
this state, the county which initiated the confinement. The
charge shall be based on the commissioner's determination of the
cost of care pursuant to section 246.50, subdivision 5. When
there is a dispute as to which county is the county of financial
responsibility, the county charged for the costs of confinement
shall pay for them pending final determination of the dispute
over financial responsibility. Disputes about the county of
financial responsibility shall be submitted to the commissioner
to be settled in the manner prescribed in section 256G.09.
Sec. 65. Minnesota Statutes 1996, section 253B.11, is
amended by adding a subdivision to read:
Subd. 2a. [COST OF CARE.] Notwithstanding subdivision 2, a
county shall be responsible for the cost of care as specified
under section 246.54 for persons hospitalized at a regional
treatment center in accordance with section 253B.09 and the
person's legal status has been changed to a court hold under
section 253B.07, subdivision 6, pending a judicial determination
regarding continued commitment pursuant to sections 253B.12 and
253B.13.
Sec. 66. Minnesota Statutes 1996, section 253B.12,
subdivision 1, is amended to read:
Subdivision 1. [REPORT REPORTS.] 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
patient's counsel, setting (a) If a patient who was committed as
mentally ill, mentally retarded, or chemically dependent is
discharged from treatment within the first 60 days after the
date of the commitment order, the head of the treatment facility
shall file a written report with the committing court describing
the patient's need for further treatment. A copy of the report
must be provided to the county attorney, the patient, and the
patient's counsel.
(b) If a patient who was committed as mentally ill,
mentally retarded, or chemically dependent remains in treatment
more than 60 days after the date of the commitment, then at
least 60 days, but not more than 90 days, after the date of the
order, the head of the facility that has custody of the patient
shall file a written report with the committing court and
provide a copy to the county attorney, the patient, and the
patient's counsel. The report must set 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, the treatment facility which is needed, and
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 the opinion of the head of the facility the
patient must continue to be committed to a treatment facility;
(8) whether in the opinion of the head of the facility the
patient satisfies the statutory requirement for continued
commitment to a treatment facility, with documentation to
support the opinion; and
(9) (7) whether the administration of neuroleptic
medication is clinically indicated, whether the patient is able
to give informed consent to that medication, and the basis for
these opinions.
(c) Prior to the termination of the initial commitment
order or final discharge of the patient, the head of the
treatment facility that has custody or care of the patient shall
file a written report with the committing court with a copy to
the patient and the patient's counsel that sets forth the
information required in paragraph (b).
(d) If the patient has been provisionally discharged from a
treatment facility, the report shall be prepared by the
designated agency.
(e) If no written report is filed within the required time,
or if a report describes the patient as not in need of further
institutional care and treatment, the proceedings must be
terminated by the committing court and the patient discharged
from the treatment facility.
Sec. 67. Minnesota Statutes 1996, section 253B.12, is
amended by adding a subdivision to read:
Subd. 2a. [TIME FOR HEARING.] Unless the proceedings are
terminated under subdivision 1, paragraph (e), a review hearing
must be held within 14 days after receipt by the committing
court of the report required under subdivision 1, paragraph (c)
or (d), and before the time the commitment expires. For good
cause shown, the court may continue the hearing for up to an
additional 14 days and extend any orders until the review
hearing is held.
The patient, the patient's counsel, the petitioner, and
other persons as the court directs must be given at least five
days' notice of the time and place of the hearing.
Sec. 68. Minnesota Statutes 1996, section 253B.12,
subdivision 3, is amended to read:
Subd. 3. [EXAMINATION.] Prior to the review hearing, the
court shall inform the patient of the right to an independent
examination by an examiner chosen by the patient and appointed
in accordance with provisions of section 253B.07, subdivision
3. The report of the examiner may be submitted at the hearing.
Sec. 69. Minnesota Statutes 1996, section 253B.12,
subdivision 4, is amended to read:
Subd. 4. [HEARING; STANDARD OF PROOF.] The committing
court shall not make a final determination of the need to
continue commitment unless a hearing is held and the court finds
by clear and convincing evidence that (1) the person continues
to be mentally ill, mentally retarded, or chemically dependent;
(2) involuntary commitment is necessary for the protection of
the patient or others; and (3) there is no alternative to
involuntary commitment.
In determining whether a person continues to be mentally
ill, chemically dependent, or mentally retarded, the court need
not find that there has been a recent attempt or threat to
physically harm self or others, or a recent failure to provide
necessary personal food, clothing, shelter, or medical care.
Instead, the court must find that the patient is likely to
attempt to physically harm self or others, or to fail to provide
necessary personal food, clothing, shelter, or medical care
unless involuntary commitment is continued.
Sec. 70. Minnesota Statutes 1996, section 253B.13,
subdivision 1, is amended to read:
Subdivision 1. [MENTALLY ILL OR CHEMICALLY DEPENDENT
PERSONS.] If at the conclusion of a review hearing held pursuant
to section 253B.12, it is found that the criteria for continued
commitment have been satisfied, the court finds that the person
continues to be mentally ill or chemically dependent and in need
of treatment or supervision, the court shall determine the
probable length of continued 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, 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. 71. Minnesota Statutes 1996, section 253B.13,
subdivision 2, is amended to read:
Subd. 2. [MENTALLY RETARDED PERSONS.] If, at the
conclusion of a review hearing held pursuant to section 253B.12,
it is found the court finds that the person continues to be
mentally retarded, the court shall order commitment of the
person for an indeterminate period of time, subject to the
reviews required by section 253B.03, subdivisions 5 and 7, and
subject to the right of the patient to seek judicial review of
continued commitment.
Sec. 72. Minnesota Statutes 1996, section 253B.14, is
amended to read:
253B.14 [TRANSFER OF COMMITTED PERSONS.]
The commissioner may transfer any committed person, other
than a person committed as mentally ill and dangerous to the
public, from one regional treatment center to any other
institution treatment facility under the commissioner's
jurisdiction which is capable of providing proper care and
treatment. When a committed person is transferred from one
treatment facility to another, written notice shall be given to
the committing court, the county attorney, the patient's
counsel, and to the person's parent or spouse or, if none is
known, to an interested person, and the designated agency.
Sec. 73. [253B.141] [AUTHORITY TO DETAIN AND TRANSPORT A
MISSING PATIENT.]
Subdivision 1. [REPORT OF ABSENCE.] (a) If a patient
committed under this chapter 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 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. The committing court may issue an order directing the
law enforcement agency to transport the patient to an
appropriate facility.
(b) 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.
Subd. 2. [APPREHENSION; RETURN TO FACILITY.] (a) Upon
receiving the report of absence from the head of the treatment
facility or the committing court, a patient 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. A mentally ill and dangerous
person, a sexual psychopathic personality patient, or a sexually
dangerous person committed 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.
(b) 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 detaining 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 persons
on behalf of the patient.
Subd. 3. [NOTICE OF APPREHENSION.] 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.
Sec. 74. Minnesota Statutes 1996, section 253B.15,
subdivision 1, is amended to read:
Subdivision 1. [PROVISIONAL DISCHARGE.] The head of the
treatment facility may provisionally discharge any patient
without discharging the commitment, unless the patient was found
by the committing court to be mentally ill and dangerous to the
public.
Each patient released on provisional discharge shall have
an a written aftercare plan developed which specifies the
services and treatment to be provided as part of the aftercare
plan, the financial resources available to pay for the services
specified, the expected period of provisional discharge, the
precise goals for the granting of a final discharge, and
conditions or restrictions on the patient during the period of
the provisional discharge. The aftercare plan shall be provided
to the patient, the patient's attorney, and the designated
agency.
The aftercare plan shall be reviewed on a quarterly basis
by the patient, designated agency and other appropriate persons.
The aftercare plan shall contain the grounds upon which a
provisional discharge may be revoked. The provisional discharge
shall terminate on the date specified in the plan unless
specific action is taken to revoke or extend it.
Sec. 75. Minnesota Statutes 1996, section 253B.15,
subdivision 1a, is amended to read:
Subd. 1a. [CASE MANAGER REPRESENTATIVE OF DESIGNATED
AGENCY.] Before a provisional discharge is granted, a
representative of the designated agency must be identified as
the case manager. The case manager shall to ensure continuity
of care by being involved with the treatment facility and the
patient prior to the provisional discharge. The case manager
representative of the designated agency shall coordinate plans
for and monitor the patient's aftercare program. When the
patient is on a provisional discharge, the representative of the
designated agency shall provide the treatment report to the
court required under section 253B.12, subdivision 1.
Sec. 76. Minnesota Statutes 1996, section 253B.15,
subdivision 2, is amended to read:
Subd. 2. [REVOCATION OF PROVISIONAL DISCHARGE.] The head
of the treatment facility designated agency may revoke a
provisional discharge if:
(i) The patient has violated material conditions of the
provisional discharge, and the violation creates the need to
return the patient to the facility a more restrictive setting;
or,
(ii) There exists a serious likelihood that the safety of
the patient or others will be jeopardized, in that either the
patient's need for food, clothing, shelter, or medical care are
not being met, or will not be met in the near future, or the
patient has attempted or threatened to seriously physically harm
self or others; and
(iii) revocation is the least restrictive alternative
available.
Any interested person, including the designated agency, may
request that the head of the treatment facility designated
agency revoke the patient's provisional discharge. Any person
making a request shall provide the head of the treatment
facility designated agency with a written report setting forth
the specific facts, including witnesses, dates and locations,
supporting a revocation, demonstrating that every effort has
been made to avoid revocation and that revocation is the least
restrictive alternative available.
Sec. 77. Minnesota Statutes 1996, section 253B.15,
subdivision 3, is amended to read:
Subd. 3. [PROCEDURE; NOTICE.] When the possibility of
revocation becomes apparent, the designated agency shall notify
the patient, the patient's attorney, and all participants in the
plan, and every effort shall be made to prevent revocation.
Revocation shall be commenced by a the designated agency's
written notice of intent to revoke provisional discharge, which
shall be served upon given to the patient, the patient's
attorney, and the designated agency treatment facility. The
notice shall set forth the grounds upon which the intention to
revoke is based, and shall inform the patient of the rights of a
patient under this chapter.
Sec. 78. Minnesota Statutes 1996, section 253B.15, is
amended by adding a subdivision to read:
Subd. 3a. [REPORT TO THE COURT.] Within 48 hours of giving
notice to the patient, the designated agency shall file with the
court a copy of the notice and a report setting forth the
specific facts, including witnesses, dates and locations, which
(1) support revocation, (2) demonstrate that revocation is the
least restrictive alternative available, and (3) show that
specific efforts were made to avoid revocation. The designated
agency shall provide copies of the report to the patient, the
patient's attorney, the county attorney, and the treatment
facility within 48 hours of giving notice to the patient under
subdivision 3.
Sec. 79. Minnesota Statutes 1996, section 253B.15, is
amended by adding a subdivision to read:
Subd. 3b. [REVIEW.] The patient may request judicial
review of the intended revocation by filing a petition for
review and an affidavit with the committing court. The
affidavit shall state specific grounds for opposing the
revocation. If the patient does not file a petition for review
within five days of receiving the notice under subdivision 3,
revocation of the provisional discharge is final and the court,
without hearing, may order the patient into a treatment
facility. If the patient files a petition for review, the court
shall review the petition and determine whether a genuine issue
exists as to the propriety of the revocation. The burden of
proof is on the designated agency to show that no genuine issue
exists as to the propriety of the revocation. If the court
finds that no genuine issue exists as to the propriety of the
revocation, the revocation of the provisional discharge is final.
Sec. 80. Minnesota Statutes 1996, section 253B.15, is
amended by adding a subdivision to read:
Subd. 3c. [HEARING.] If the court finds under subdivision
3b that a genuine issue exists as to the propriety of the
revocation, the court shall hold a hearing on the petition
within three days after the patient files the petition. The
court may continue the review hearing for an additional five
days upon any party's showing of good cause. At the hearing,
the burden of proof is on the designated agency to show a
factual basis for the revocation. At the conclusion of the
hearing, the court shall make specific findings of fact. The
court shall affirm the revocation if it finds:
(1) a factual basis for revocation due to:
(i) a violation of the material conditions of the
provisional discharge that creates a need for the patient to
return to a more restrictive setting; or
(ii) a probable danger of harm to the patient or others if
the provisional discharge is not revoked; and
(2) that revocation is the least restrictive alternative
available.
If the court does not affirm the revocation, the court
shall order the patient returned to provisional discharge status.
Sec. 81. Minnesota Statutes 1996, section 253B.15,
subdivision 5, is amended to read:
Subd. 5. [RETURN TO FACILITY.] The case manager may When
the designated agency serves notice of the intent to revoke a
patient's provisional discharge, it may also apply to the
committing court for an order directing that the patient be
returned to the a facility. The court may order the patient
returned to the a facility prior to a review hearing only upon
finding that immediate return to the a facility is necessary to
avoid serious, imminent harm to the patient or others because
there is a serious likelihood that the safety of the patient or
others will be jeopardized, in that (1) the patient's need for
food, clothing, shelter, or medical care is not being met, or
will not be met in the near future, or (2) the patient has
attempted or threatened to seriously harm self 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 the patient was released or to any other treatment
facility which consents to receive the patient. 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 the patient. The expense of returning the patient to a
regional treatment facility center shall be paid by the
commissioner unless paid by the patient or the patient's
relatives. If the court orders the patient to return to the
treatment facility and the patient wants judicial review of the
revocation, the patient must file the petition for review and
affidavit required under subdivision 3b within 48 hours of
receipt of the notice of the intent to revoke.
Sec. 82. Minnesota Statutes 1996, section 253B.15,
subdivision 10, is amended to read:
Subd. 10. [VOLUNTARY RETURN.] With the consent of the head
of the treatment facility, a patient may voluntarily return to
inpatient status at the treatment facility as follows:
(a) As an informal a voluntary patient, in which case the
patient's commitment is discharged;
(b) As a committed patient, in which case the patient's
provisional discharge is voluntarily revoked; or
(c) On temporary return from provisional discharge, in
which case both the commitment and the provisional discharge
remain in effect.
Prior to readmission, the patient shall be informed of
status upon readmission.
Sec. 83. Minnesota Statutes 1996, section 253B.16,
subdivision 1, is amended to read:
Subdivision 1. [DATE.] The head of a treatment facility
shall discharge any patient admitted as mentally ill or,
chemically dependent, or a person with mental retardation
admitted under Minnesota Rules of Criminal Procedure, rules
20.01 and 20.02, to the secure bed component of the Minnesota
extended treatment options when certified by the head of the
facility to be certifies that the person is no longer in need of
institutional care and treatment or at the conclusion of any
period of time specified in the commitment order, whichever
occurs first. The head of a treatment facility shall discharge
any person admitted as mentally retarded, except those admitted
under Minnesota Rules of Criminal Procedure, rules 20.01 and
20.02, to the secure bed component of the Minnesota extended
treatment options, when that person's screening team has
determined, under section 256B.092, subdivision 8, that the
person's needs can be met by services provided in the community
and a plan has been developed in consultation with the
interdisciplinary team to place the person in the available
community services.
Sec. 84. Minnesota Statutes 1996, section 253B.17,
subdivision 1, is amended to read:
Subdivision 1. [PETITION.] Any patient, except one
committed as mentally ill and dangerous to the public, or any
interested person may petition the committing court or the court
to which venue has been transferred for an order that the
patient is not in need of continued institutionalization care
and treatment or for an order that an individual is no longer
mentally ill, mentally retarded, or chemically dependent, or for
any other relief as the court deems just and equitable. A
patient committed as mentally ill or mentally ill and dangerous
may petition the committing court or the court to which venue
has been transferred for a hearing concerning the administration
of neuroleptic medication.
Sec. 85. Minnesota Statutes 1996, section 253B.17,
subdivision 3, is amended to read:
Subd. 3. [EXAMINERS.] The court shall appoint an examiner
and, at the patient's request, shall appoint a second examiner
of the patient's choosing to be paid for by the county at a rate
of compensation to be fixed by the court. Unless otherwise
agreed by the parties, the examiners shall file a report with
the court not less than 48 hours prior to the hearing under this
section.
Sec. 86. Minnesota Statutes 1996, section 253B.18,
subdivision 1, is amended to read:
Subdivision 1. [PROCEDURE.] Upon the filing of a petition
alleging that a proposed patient is mentally ill and dangerous
to the public, the court shall hear the petition as provided in
sections 253B.07 and 253B.08. If the court finds by clear and
convincing evidence that the proposed patient is mentally ill
and dangerous to the public, it shall commit the person to the
Minnesota Security Hospital, a regional center designated by the
commissioner or to a secure treatment facility or to a treatment
facility willing to accept the patient under commitment. In any
case where the petition was filed immediately following the
acquittal of the proposed patient for a crime against the person
pursuant to a verdict of not guilty by reason of mental illness,
the verdict constitutes evidence that the proposed patient is
mentally ill and dangerous within the meaning of this section
and shifts. The proposed patient has 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. Upon commitment, admission procedures shall be
carried out pursuant to section 253B.10.
Sec. 87. Minnesota Statutes 1996, section 253B.18,
subdivision 2, is amended to read:
Subd. 2. [REVIEW; HEARING.] A written treatment report
shall be filed by the treatment facility with the committing
court within 60 days after commitment. If the person is in the
custody of the commissioner of corrections when the initial
commitment is ordered under subdivision 1, the written treatment
report must be filed within 60 days after the person is admitted
to the Minnesota security hospital or a private hospital
receiving the person a secure treatment facility. The court,
prior to making shall hold a hearing to make a final
determination with regard to a as to whether the person
initially should remain committed as mentally ill and dangerous
to the public, shall hold a hearing. The hearing shall be held
within the earlier of 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 or admission, unless otherwise
agreed by the parties. If the court finds that the
patient qualifies for commitment should be committed 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. 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. 88. Minnesota Statutes 1996, section 253B.18,
subdivision 3, is amended to read:
Subd. 3. [INDETERMINATE COMMITMENT.] If the court finds at
the final determination hearing held pursuant to subdivision 2
that the patient continues to be mentally ill and dangerous,
then the court shall order commitment of the proposed patient
for an indeterminate period of time. Subsequent to After a
final determination that a patient is mentally ill and dangerous
to the public, the patient shall be transferred, provisionally
discharged or discharged, only as provided in this section.
Sec. 89. Minnesota Statutes 1996, section 253B.18,
subdivision 4, is amended to read:
Subd. 4. [SPECIAL REVIEW BOARD.] The commissioner shall
establish a special review board for persons committed as
mentally ill and dangerous to the public. The board shall
consist of three members experienced in the field of mental
illness. One member of the special review board shall be a
physician psychiatrist and one member shall be an attorney. No
member shall be affiliated with the department of human
services. The special review board shall meet at least every
six months and at the call of the commissioner. It shall hear
and consider all petitions for transfer out of the Minnesota
Security Hospital a secure treatment facility, all petitions
relative to for discharge, provisional discharge and revocation
of provisional discharge, and make recommendations to the
commissioner concerning them. Patients may be transferred by
the commissioner between secure treatment facilities without a
special review board hearing.
Members of the special review board shall receive
compensation and reimbursement for expenses as established by
the commissioner.
Sec. 90. Minnesota Statutes 1996, section 253B.18,
subdivision 4a, is amended 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 a secure treatment
facility 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 secure treatment facility. 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. 91. Minnesota Statutes 1996, section 253B.18,
subdivision 4b, is amended to read:
Subd. 4b. [PASS-ELIGIBLE STATUS; NOTIFICATION.] The
following patients committed to the Minnesota security hospital
a secure treatment facility shall not be placed on pass-eligible
status unless that status has been approved by the medical
director of the Minnesota security hospital secure treatment
facility:
(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 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 a sexually
psychopathic personality, or a sexually dangerous person.
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, the designated
agency, 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. 92. Minnesota Statutes 1996, section 253B.18, is
amended by adding a subdivision to read:
Subd. 4c. [SPECIAL REVIEW BOARD.] (a) The commissioner
shall establish one or more panels of a special review board for
persons committed as mentally ill and dangerous to the public.
The board shall consist of three members experienced in the
field of mental illness. One member of each special review
board panel shall be a psychiatrist and one member shall be an
attorney. No member shall be affiliated with the department of
human services. The special review board shall meet at least
every six months and at the call of the commissioner. It shall
hear and consider all petitions for transfer from a secure
treatment facility; all petitions relative to discharge,
provisional discharge, and revocation of provisional discharge;
and make recommendations to the commissioner concerning them.
(b) Members of the special review board shall receive
compensation and reimbursement for expenses as established by
the commissioner.
Sec. 93. Minnesota Statutes 1996, section 253B.18,
subdivision 5, is amended to read:
Subd. 5. [PETITION; NOTICE OF HEARING; ATTENDANCE; ORDER.]
(a) 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, A
patient may not petition the special review board for six months
following commitment under subdivision 3 or following the final
disposition of any previous petition and subsequent appeal by
the patient. The medical director may petition at any time.
(b) Fourteen days prior to the hearing, the committing
court, the county attorney of the county of commitment, the
designated agency, an interested person, the petitioner, and the
petitioner's 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 board shall provide the
commissioner with written findings of fact and recommendations
within 21 days of the hearing. The commissioner shall issue an
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 statutory notice
of the hearing within five days after it is issued signed. No
order by the commissioner shall be effective sooner than 15 30
days after it is issued the order is signed, unless the county
attorney, the patient, and the commissioner agree that it may
become effective sooner.
(c) The special review board shall hold a hearing on each
petition prior to making its recommendation to the
commissioner. The special review board proceedings are not
contested cases as defined in chapter 14. Any person or agency
receiving notice that submits documentary evidence to the
special review board prior to the hearing shall also provide
copies to the patient, the patient's counsel, the county
attorney of the county of commitment, the case manager, and the
commissioner.
(d) The special review board shall hold a hearing on each
petition prior to making any recommendation. The special review
board shall make written findings and a recommendation to the
commissioner. The board shall make a recommendation to the
commissioner no later than 21 days after the hearing.
(e) Prior to the final decision by the commissioner, the
special review board may be reconvened to consider events or
circumstances that occurred subsequent to the hearing.
Sec. 94. Minnesota Statutes 1996, section 253B.18,
subdivision 6, is amended to read:
Subd. 6. [TRANSFER.] (a) Persons who have been found by
the committing court to be Mentally ill and dangerous to the
public patients shall not be transferred out of the Minnesota
Security Hospital a secure treatment facility unless it appears
to the satisfaction of the commissioner, after a hearing and
favorable recommendation by a majority of the special review
board, that the transfer is appropriate. Transfer may be to
other regional centers under the commissioner's control. In
those instances where a commitment also exists to the department
of corrections, transfer may be to a facility designated by the
commissioner of corrections.
The following factors are to must be considered in
determining whether a transfer is appropriate:
(i) the person's clinical progress and present treatment
needs;
(ii) the need for security to accomplish continuing
treatment;
(iii) the need for continued institutionalization;
(iv) which facility can best meet the person's needs; and
(v) whether transfer can be accomplished with a reasonable
degree of safety for the public.
Sec. 95. Minnesota Statutes 1996, section 253B.18,
subdivision 7, is amended to read:
Subd. 7. [PROVISIONAL DISCHARGE.] Patients who have been
found by the committing court to be Mentally ill and dangerous
to the public patients shall not be provisionally discharged
unless it appears to the satisfaction of the commissioner, after
a hearing and a favorable recommendation by a majority of the
special review board, that the patient is capable of making an
acceptable adjustment to open society.
The following factors are to be considered in determining
whether a provisional discharge shall be recommended: (a)
whether the patient's course of hospitalization and present
mental status indicate there is no longer a need for inpatient
treatment and supervision in the patient's current treatment
setting; and (b) whether the conditions of the provisional
discharge plan will provide a reasonable degree of protection to
the public and will enable the patient to adjust successfully to
the community.
Sec. 96. Minnesota Statutes 1996, section 253B.18,
subdivision 9, is amended to read:
Subd. 9. [PROVISIONAL DISCHARGE; REVIEW.] A provisional
discharge pursuant to this section shall not automatically
terminate. A full discharge shall occur only as provided in
subdivision 15. The commissioner shall annually review the
facts relating to the activity of a patient on provisional
discharge and notify the patient that the terms of the a
provisional discharge shall continue unless the patient requests
and is granted a change in the conditions of provisional
discharge or unless the patient petitions the special review
board for a full discharge and the discharge is granted.
Sec. 97. Minnesota Statutes 1996, section 253B.18,
subdivision 12, is amended to read:
Subd. 12. [RETURN OF PATIENT.] After revocation of a
provisional discharge or if the patient is absent without
authorization, the head of the treatment facility may request
the patient to return to the treatment facility voluntarily.
The head of the facility may request a health officer, a welfare
officer, or a peace officer to return the patient to the
treatment facility. If a voluntary return is not arranged, the
head of the treatment facility shall inform the committing court
of the revocation or 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
regional treatment facility center shall be paid by the
commissioner unless paid by the patient or the patient's
relatives other persons on the patient's behalf.
Sec. 98. Minnesota Statutes 1996, section 253B.18,
subdivision 14, is amended to read:
Subd. 14. [VOLUNTARY READMISSION.] (a) With the consent of
the head of the treatment facility, a patient may voluntarily
return from provisional discharge for a period of up to 30
days and be released from the treatment facility without, or up
to 60 days with the consent of the designated agency. If the
patient is not returned to provisional discharge status within
60 days, the provisional discharge is revoked. Within 15 days
of receiving notice of the change in status, the patient may
request a review of the matter before the special review board.
The board may recommend a return to a provisional discharge
status.
(b) The treatment facility is not required to petition for
a further review by the special review board unless the
patient's return to the community results in substantive change
to the existing provisional discharge plan. All the terms and
conditions of the provisional discharge order shall remain
unchanged if the patient is released again.
Sec. 99. Minnesota Statutes 1996, section 253B.18,
subdivision 15, is amended to read:
Subd. 15. [DISCHARGE.] A person who has been found by the
committing court to be mentally ill and dangerous to the public
patient shall not be discharged unless it appears to the
satisfaction of the commissioner, after a hearing and a
favorable recommendation by a majority of the special review
board, that the patient is capable of making an acceptable
adjustment to open society, is no longer dangerous to the
public, and is no longer in need of inpatient treatment and
supervision.
In determining whether a discharge shall be recommended,
the special review board and commissioner shall consider whether
specific conditions exist to provide a reasonable degree of
protection to the public and to assist the patient in adjusting
to the community. If the desired conditions do not exist, the
discharge shall not be granted.
Sec. 100. Minnesota Statutes 1996, section 253B.185,
subdivision 4, is amended to read:
Subd. 4. [STATEWIDE JUDICIAL PANEL; SEXUAL PSYCHOPATHIC
PERSONALITY AND SEXUALLY DANGEROUS PERSONS COMMITMENTS.] (a) The
supreme court may establish a panel of district judges with
statewide authority to preside over commitment proceedings
brought under subdivision 1 of sexual psychopathic personalities
and sexually dangerous persons. Only one judge of the panel is
required to preside over a particular commitment proceeding.
Panel members shall serve for one-year terms. One of the judges
shall be designated as the chief judge of the panel, and is
vested with the power to designate the presiding judge in a
particular case, to set the proper venue for the proceedings,
and to otherwise supervise and direct the operation of the
panel. The chief judge shall designate one of the other judges
to act as chief judge whenever the chief judge is unable to act.
(b) If the supreme court creates the judicial panel
authorized by this section, all petitions for civil commitment
brought under subdivision 1 shall be filed with the supreme
court instead of with the district court in the county where the
proposed patient is present, notwithstanding any provision of
subdivision 1 to the contrary. Otherwise, all of the other
applicable procedures contained in this chapter apply to
commitment proceedings conducted by a judge on the panel.
Sec. 101. Minnesota Statutes 1996, section 253B.19,
subdivision 1, is amended to read:
Subdivision 1. [CREATION.] The supreme court shall
establish an appeal panel composed of three judges and four
alternate judges appointed from among the acting judges of the
state. Panel members shall serve for terms of one year each.
Only three judges need hear any case. One of the regular three
appointed judges shall be designated as the chief judge of the
appeal panel. The chief judge is vested with power to fix the
time and place of all hearings before the panel, issue all
notices, subpoena witnesses, appoint counsel for the patient, if
necessary, and supervise and direct the operation of the appeal
panel. The chief judge shall designate one of the other judges
or an alternate judge to act as chief judge in any case where
the chief judge is unable to act. No member of the appeal panel
shall take part in the consideration of any case in which that
judge committed the patient. The chief justice of the supreme
court shall determine the compensation of the judges serving on
the appeal panel. The compensation shall be in addition to
their regular compensation as judges. All compensation and
expenses of the appeal panel and all allowable fees and costs of
the patient's counsel shall be established and paid by the
department of human services.
Sec. 102. Minnesota Statutes 1996, section 253B.19,
subdivision 2, is amended to read:
Subd. 2. [PETITION; HEARING.] The committed person or the
county attorney of the county from which a patient was committed
as mentally ill and dangerous to the public was committed, or as
a sexual psychopathic personality or as a sexually dangerous
person may petition the appeal panel for a rehearing and
reconsideration of a decision by the commissioner. The petition
shall be filed with the supreme court within 30 days after the
decision of the commissioner is signed. The supreme court shall
refer the petition to the chief judge of the appeal panel. The
chief judge shall notify the patient, the county attorney of the
county of commitment, the designated agency, the commissioner,
the head of the treatment facility, any interested person, and
other persons the chief judge designates, of the time and place
of the hearing on the petition. The notice shall be given at
least 14 days prior to the date of the hearing. The hearing
shall be within 45 days of the filing of the petition unless an
extension is granted for good cause. Any person may oppose the
petition. The appeal panel may appoint examiners and may
adjourn the hearing from time to time. It shall hear and
receive all relevant testimony and evidence and make a record of
all proceedings. The patient, patient's counsel, and the county
attorney of the committing county may be present and present and
cross-examine all witnesses. The petitioning party bears the
burden of going forward with the evidence. The party opposing
discharge bears the burden of proof by clear and convincing
evidence that the respondent is in need of commitment.
Sec. 103. Minnesota Statutes 1996, section 253B.19,
subdivision 3, is amended to read:
Subd. 3. [DECISION.] A majority of the appeal panel shall
rule upon the petition. The order of the appeal panel shall
supersede the order of the commissioner in the cases. No order
of the appeal panel granting a transfer, discharge or
provisional discharge shall be made effective sooner than 15
days after it is issued. The panel shall not modify conditions
of a transfer or provisional discharge from those approved by
the commissioner without the commissioner's consent. The panel
may not consider petitions for relief other than those
considered by the commissioner from which the appeal is taken.
The panel may not grant a transfer or provisional discharge on
terms or conditions that were not presented to the commissioner
or the special review board.
Sec. 104. Minnesota Statutes 1996, section 253B.19,
subdivision 5, is amended to read:
Subd. 5. [APPEAL.] A party aggrieved by an order of the
appeal panel may appeal from the decision of the appeal panel to
the court of appeals as in other civil cases. A party may seek
review of a decision by the appeals panel within 60 days after a
copy is sent to the parties by the clerk of appellate courts.
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. 105. Minnesota Statutes 1996, section 253B.20,
subdivision 1, is amended to read:
Subdivision 1. [NOTICE TO COURT.] When a committed person
is discharged, provisionally discharged, transferred to another
treatment facility, or partially hospitalized, or when the
person dies, is absent without authorization, or is returned,
the treatment facility having custody of the patient shall
notify the committing court, the county attorney, and the
patient's attorney.
Sec. 106. Minnesota Statutes 1996, section 253B.20,
subdivision 3, is amended to read:
Subd. 3. [NOTICE TO DESIGNATED AGENCY.] The head of the
treatment facility, upon the provisional discharge or partial
institutionalization of any committed person, shall notify the
designated agency before the patient leaves the treatment
facility. Whenever possible the notice shall be given at least
one week before the patient is to leave the facility.
Sec. 107. Minnesota Statutes 1996, section 253B.20,
subdivision 4, is amended to read:
Subd. 4. [AFTERCARE SERVICES.] Prior to the date of
discharge, or provisional discharge or partial
institutionalization of any committed person, the designated
agency of the county of the patient's residence, in cooperation
with the head of the treatment facility, and the patient's
physician, if notified pursuant to subdivision 6, shall
establish a continuing plan of aftercare services for the
patient including a plan for medical and psychiatric treatment,
nursing care, vocational assistance, and other assistance the
patient needs. The designated agency shall provide case
management services, supervise and assist the patient in finding
employment, suitable shelter, and adequate medical and
psychiatric treatment, and aid in the patient's readjustment to
the community.
Sec. 108. Minnesota Statutes 1996, section 253B.20,
subdivision 6, is amended to read:
Subd. 6. [NOTICE TO PHYSICIAN.] The head of the treatment
facility shall notify the physician of any committed person at
the time of the patient's discharge, or provisional discharge or
partial institutionalization, unless the patient objects to the
notice.
Sec. 109. Minnesota Statutes 1996, section 253B.20,
subdivision 7, is amended to read:
Subd. 7. [SERVICES.] A committed person may at any time
after discharge, provisional discharge or partial
institutionalization treatment, apply to the head of the
treatment facility within whose district the committed person
resides for treatment. The head of the treatment facility, on
determining that the applicant requires service, may provide
needed services related to mental illness, mental retardation,
or chemical dependency to the applicant. The services shall be
provided in regional centers under terms and conditions
established by the commissioner.
Sec. 110. Minnesota Statutes 1996, section 253B.21,
subdivision 4, is amended to read:
Subd. 4. [FOREIGN JUDGMENTS.] The judgment or order of
commitment by a court of competent jurisdiction of another state
committing a person to a federal agency for care or treatment in
this state, shall have the same force and effect as to the
committed person while in this state as in the jurisdiction in
which is situated the court entering the judgment or making the
order. Consent is given to the application of the law of The
committing state in respect consents to the authority of the
chief officer of any treatment facility of a federal agency in
this state, to retain custody of, transfer, parole, or discharge
the committed person.
Sec. 111. Minnesota Statutes 1996, section 253B.22,
subdivision 1, is amended to read:
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 its
patients institutionalized receiving services under this chapter.
One member shall be qualified in the diagnosis of mental
illness, 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
the commissioner's designee.
Sec. 112. Minnesota Statutes 1996, section 253B.23,
subdivision 1, is amended to read:
Subdivision 1. [COSTS OF HEARINGS.] (a) In each proceeding
under this chapter the court shall allow and order paid to each
witness subpoenaed the fees and mileage prescribed by law; to
each examiner a reasonable sum for services and for travel; to
persons conveying the patient to the place of detention,
disbursements for the travel, board, and lodging of the patient
and of themselves and their authorized assistants; and to the
patient's counsel, when appointed by the court, a reasonable sum
for travel and for the time spent in court or in preparing for
the hearing. Upon the court's order, the county auditor shall
issue a warrant on the county treasurer for payment of the
amounts allowed.
(b) Whenever venue of a proceeding has been transferred
under this chapter, the costs of the proceedings shall be
reimbursed to the county where the proceedings were conducted by
the county of the patient's residence by the state.
Sec. 113. Minnesota Statutes 1996, section 253B.23,
subdivision 4, is amended to read:
Subd. 4. [IMMUNITY.] All persons acting in good faith,
upon either actual knowledge or information thought by them to
be reliable, who act pursuant to any provision of this chapter
or who procedurally or physically assist in the commitment of
any individual, pursuant to this chapter, are not subject to any
civil or criminal liability under this chapter. Any privilege
otherwise existing between patient and physician, patient and
psychologist, patient and examiner, or patient and social
worker, is waived as to any physician, psychologist, examiner,
or social worker who provides information with respect to a
patient pursuant to any provision of this chapter.
Sec. 114. Minnesota Statutes 1996, section 253B.23,
subdivision 6, is amended to read:
Subd. 6. [COURT COMMISSIONER.] The Ramsey county court
commissioner may act for the judge upon a petition for the
commitment of a patient when the judge is unable to act hear and
act upon petitions for commitment.
Sec. 115. Minnesota Statutes 1996, section 253B.23,
subdivision 7, is amended to read:
Subd. 7. [APPEAL.] The commissioner or any other aggrieved
party may appeal to the court of appeals from any order entered
under this chapter as in other civil cases. Any district court
order or judgment under this chapter or related case law may be
appealed within 60 days after the date of filing of the order or
entry of judgment. A judgment under section 253B.18,
subdivision 1, may be appealed within 60 days after the date of
the order entered under section 253B.18, subdivision 2.
Upon perfection of the appeal, the return shall be filed
forthwith. The court of appeals shall hear the appeal within 60
90 days after service of the notice of appeal. This appeal
shall not suspend the operation of the order appealed from until
the appeal is determined, unless otherwise ordered by the court
of appeals.
Sec. 116. Minnesota Statutes 1996, section 253B.23,
subdivision 9, is amended to read:
Subd. 9. [SEALING OF RECORDS.] Upon a motion by a person
who has been the subject of a judicial commitment proceeding,
the court for the county in which the person resides may seal
all judicial records of the commitment proceedings if it finds
that access to the records creates undue hardship for the
person. The county attorney shall be notified of the motion and
may participate in the hearings. All hearings on the motion
shall be in camera. The files and records of the court in
proceedings on the motion shall be sealed except to the moving
party, the person's attorney, the county attorney, or other
persons by court order.
Sec. 117. [INSTRUCTION TO REVISOR.]
The revisor of statutes shall renumber Minnesota Statutes,
section 253B.093, to section 253B.097, and Minnesota Statutes,
section 253B.11, to section 253B.045, in 1996 and subsequent
editions of Minnesota Statutes.
Sec. 118. [REPEALER.]
Minnesota Statutes 1996, sections 253B.03, subdivisions 6c
and 9; 253B.05, subdivisions 2a and 5; 253B.07, subdivision 6;
253B.08, subdivisions 4 and 6; 253B.091; 253B.12, subdivisions 5
and 8; 253B.13, subdivision 3; 253B.15, subdivisions 4 and 6;
253B.18, subdivision 4; 253B.21, subdivision 5; and 253B.23,
subdivision 1a, are repealed.
ARTICLE 2
COST OF CARE LIENS
Section 1. Minnesota Statutes 1996, section 55.10,
subdivision 4, is amended to read:
Subd. 4. [WILL SEARCHES, BURIAL DOCUMENTS PROCUREMENT, AND
INVENTORY OF CONTENTS.] (a) Upon being furnished with
satisfactory proof of death of a sole lessee or the last
surviving co-lessee of a safe deposit box, an employee of the
safe deposit company shall open the box and examine the contents
in the presence of an individual who appears in person and
furnishes an affidavit stating that the individual believes:
(1) the box may contain the will or deed to a burial lot or
a document containing instructions for the burial of the lessee
or that the box may contain property belonging to the estate of
the lessee; and
(2) the individual is an interested person as defined in
this section and wishes to open the box for any one or more of
the following purposes:
(i) to conduct a will search;
(ii) to obtain a document required to facilitate the
lessee's wishes regarding body, funeral, or burial arrangements;
or
(iii) to obtain an inventory of the contents of the box.
(b) The safe deposit company may not open the box under
this section if it has received a copy of letters of office of
the representative of the deceased lessee's estate or other
applicable court order.
(c) The safe deposit company need not open the box if:
(1) the box has previously been opened under this section
for the same purpose;
(2) the safe deposit company has received notice of a
written or oral objection from any person or has reason to
believe that there would be an objection; or
(3) the lessee's key or combination is not available.
(d) For purposes of this section, the term "interested
person" means any of the following:
(1) a person named as personal representative in a
purported will of the lessee;
(2) a person who immediately prior to the death of the
lessee had the right of access to the box as a deputy;
(3) the surviving spouse of the lessee;
(4) a devisee of the lessee;
(5) an heir of the lessee; or
(6) a person designated by the lessee in a writing
acceptable to the safe deposit company which is filed with the
safe deposit company before death; or
(7) a state or county agency with a claim authorized by
section 256B.15.
(e) For purposes of this section, the term "will" includes
a will or a codicil.
(f) If the box is opened for the purpose of conducting a
will search, the safe deposit company shall remove any document
that appears to be a will and make a true and correct machine
copy thereof, replace the copy in the box, and then deliver the
original thereof to the clerk of court for the county in which
the lessee resided immediately before the lessee's death, if
known to the safe deposit company, otherwise to the clerk of the
court for the county in which the safe deposit box is located.
The will must be personally delivered or sent by registered
mail. If the interested person so requests, any deed to burial
lot or document containing instructions for the burial of the
lessee may be copied by the safe deposit box company and the
copy or copies thereof delivered to the interested person.
(g) If the box is opened for the purpose of obtaining a
document required to facilitate the lessee's wishes regarding
the body, funeral, or burial arrangements, any such document may
be removed from the box and delivered to the interested person
with a true and correct machine copy retained in the box. If
the safe deposit box company discovers a document that appears
to be a will, the safe deposit company shall act in accordance
with paragraph (f).
(h) If the box is opened for the purpose of obtaining an
inventory of the contents of the box, the employee of the safe
deposit company shall make, or cause to be made, an inventory of
the contents of the box, to which the employee and the
interested person shall attest under penalty of perjury to be
correct and complete. Within ten days of opening the box
pursuant to this subdivision, the safe deposit company shall
deliver the original inventory of the contents to the court
administrator for the county in which the lessee resided
immediately before the lessee's death, if known to the safe
deposit company, otherwise to the court administrator for the
county in which the safe deposit box is located. The inventory
must be personally delivered or sent by registered mail. If the
interested person so requests, the safe deposit company shall
make a true and correct copy of any document in the box and
deliver that copy to the interested person. If the contents of
the box include a document that appears to be a will, the safe
deposit company shall act in accordance with paragraph (f).
(i) The safe deposit company need not ascertain the truth
of any statement in the affidavit required to be furnished under
this subdivision and when acting in reliance upon an affidavit,
it is discharged as if it dealt with the personal representative
of the lessee. The safe deposit company is not responsible for
the adequacy of the description of any property included in an
inventory of the contents of a safe deposit box, nor for
conversion of the property in connection with actions performed
under this subdivision, except for conversion by intentional
acts of the company or its employees, directors, officers, or
agents. If the safe deposit company is not satisfied that the
requirements of this subdivision have been met, it may decline
to open the box.
(j) No contents of a box other than a will and a document
required to facilitate the lessee's wishes regarding body,
funeral, or burial arrangements may be removed pursuant to this
subdivision. The entire contents of the box, however, may be
removed pursuant to section 524.3-1201.
Sec. 2. Minnesota Statutes 1996, section 256.015,
subdivision 1, is amended to read:
Subdivision 1. [STATE AGENCY HAS LIEN.] When the state
agency provides, pays for, or becomes liable for medical care or
furnishes subsistence or other payments to a person, the agency
has shall have a lien for the cost of the care and payments
on any and all causes of action that or recovery rights under
any policy, plan, or contract providing benefits for health care
or injury which accrue to the person to whom the care or
payments were furnished, or to the person's legal
representatives, as a result of the occurrence that necessitated
the medical care, subsistence, or other payments. For purposes
of this section, "state agency" includes authorized agents of
the state agency.
Sec. 3. Minnesota Statutes 1996, section 256.015,
subdivision 2, is amended to read:
Subd. 2. [PERFECTION; ENFORCEMENT.] (a) The state agency
may perfect and enforce its lien under sections 514.69, 514.70,
and 514.71, and must file the verified lien statement with the
appropriate court administrator in the county of financial
responsibility. The verified lien statement must contain the
following: the name and address of the person to whom medical
care, subsistence, or other payment was furnished; the date of
injury; the name and address of vendors furnishing medical care;
the dates of the service or payment; the amount claimed to be
due for the care or payment; and to the best of the state
agency's knowledge, the names and addresses of all persons,
firms, or corporations claimed to be liable for damages arising
from the injuries.
(b) This section does not affect the priority of any
attorney's lien. The state agency is not subject to any
limitations period referred to in section 514.69 or 514.71 and
has one year from the date notice is first received by it under
subdivision 4, paragraph (c), even if the notice is untimely, or
one year from the date medical bills are first paid by the state
agency, whichever is later, to file its verified lien
statement. The state agency may commence an action to enforce
the lien within one year of (1) the date the notice required by
subdivision 4, paragraph (c), is received, or (2) the date the
person's cause of action is concluded by judgment, award,
settlement, or otherwise, whichever is later.
(c) If the notice required in subdivision 4 is not provided
by any of the parties to the claim at any stage of the claim,
the state agency will have one year from the date the state
agency learns of the lack of notice to commence an action. If
amounts on the claim or cause of action are paid and the amount
required to be paid to the state agency under subdivision 5 is
not paid to the state agency, the state agency may commence an
action to recover on the lien against any or all of the parties
or entities which have either paid or received the payments.
Sec. 4. Minnesota Statutes 1996, section 256.015,
subdivision 4, is amended to read:
Subd. 4. [NOTICE.] The state agency must be given notice
of monetary claims against a person, firm, or corporation that
may be liable in damages to the injured person when the state
agency has paid for or become liable for the cost of medical
care or payments related to the injury. Notice must be given as
follows:
(a) Applicants for public assistance shall notify the state
or county agency of any possible claims they may have against a
person, firm, or corporation when they submit the application
for assistance. Recipients of public assistance shall notify
the state or county agency of any possible claims when those
claims arise.
(b) A person providing medical care services to a recipient
of public assistance shall notify the state agency when the
person has reason to believe that a third party may be liable
for payment of the cost of medical care.
(c) A person who is a party to a claim upon which the state
agency may be entitled to a lien under this section shall notify
the state agency of its potential lien claim before filing a
claim, commencing an action, or negotiating a settlement. at
each of the following stages of a claim: (1) when a claim is
filed; (2) when an action is commenced; and (3) when a claim is
concluded by payment, award, judgment, settlement, or
otherwise. Every party involved in any stage of a claim under
this subdivision is required to provide notice to the state
agency at that stage of the claim. However, when one of the
parties to the claim provides notice at that stage, every other
party to the claim is deemed to have provided the required
notice at that stage of the claim. If the required notice under
this paragraph is not provided to the state agency, every party
will be deemed to have failed to provide the required notice. A
person who is a party to a claim includes the injured person or
the person's legal representative, the plaintiff, the
defendants, or persons alleged to be responsible for
compensating the injured person or plaintiff, and any other
party to the cause of action or claim, regardless of whether the
party knows the state agency has a potential or actual lien
claim.
Notice given to the county agency is not sufficient to meet
the requirements of paragraphs (b) and (c).
Sec. 5. Minnesota Statutes 1996, section 256B.042,
subdivision 1, is amended to read:
Subdivision 1. [LIEN FOR COST OF CARE.] When the state
agency provides, pays for, or becomes liable for medical care,
it shall have a lien for the cost of the care upon any and all
causes of action or recovery rights under any policy, plan, or
contract providing benefits for health care or injury, which
accrue to the person to whom the care was furnished, or to the
person's legal representatives, as a result of the illness or
injuries which necessitated the medical care.
Sec. 6. Minnesota Statutes 1996, section 256B.042,
subdivision 2, is amended to read:
Subd. 2. [LIEN ENFORCEMENT.] (a) The state agency may
perfect and enforce its lien by following the procedures set
forth in sections 514.69, 514.70 and 514.71, and its verified
lien statement shall be filed with the appropriate court
administrator in the county of financial responsibility. The
verified lien statement shall contain the following: the name
and address of the person to whom medical care was furnished,
the date of injury, the name and address of the vendor or
vendors furnishing medical care, the dates of the service, the
amount claimed to be due for the care, and, to the best of the
state agency's knowledge, the names and addresses of all
persons, firms, or corporations claimed to be liable for damages
arising from the injuries. This section shall not affect the
priority of any attorney's lien.
(b) The state agency is not subject to any limitations
period referred to in section 514.69 or 514.71 and has one year
from the date notice is first received by it under subdivision
4, paragraph (c), even if the notice is untimely, or one year
from the date medical bills are first paid by the state agency,
whichever is later, to file its verified lien statement. The
state agency may commence an action to enforce the lien within
one year of (1) the date the notice required by subdivision 4,
paragraph (c), is received or (2) the date the recipient's cause
of action is concluded by judgment, award, settlement, or
otherwise, whichever is later. For purposes of this section,
"state agency" includes authorized agents of the state agency.
(c) If the notice required in subdivision 4 is not provided
by any of the parties to the claim at any stage of the claim,
the state agency will have one year from the date the state
agency learns of the lack of notice to commence an action. If
amounts on the claim or cause of action are paid and the amount
required to be paid to the state agency under subdivision 5, is
not paid to the state agency, the state agency may commence an
action to recover on the lien against any or all of the parties
or entities which have either paid or received the payments.
Sec. 7. Minnesota Statutes 1996, section 256B.042,
subdivision 4, is amended to read:
Subd. 4. [NOTICE.] The state agency must be given notice
of monetary claims against a person, firm, or corporation that
may be liable to pay part or all of the cost of medical care
when the state agency has paid or become liable for the cost of
that care. Notice must be given as follows:
(a) Applicants for medical assistance shall notify the
state or local agency of any possible claims when they submit
the application. Recipients of medical assistance shall notify
the state or local agency of any possible claims when those
claims arise.
(b) A person providing medical care services to a recipient
of medical assistance shall notify the state agency when the
person has reason to believe that a third party may be liable
for payment of the cost of medical care.
(c) A person who is a party to a claim upon which the state
agency may be entitled to a lien under this section shall notify
the state agency of its potential lien claim before filing a
claim, commencing an action, or negotiating a settlement. at
each of the following stages of a claim: (1) when a claim is
filed; (2) when an action is commenced; and (3) when a claim is
concluded by payment, award, judgment, settlement, or
otherwise. Every party involved in any stage of a claim under
this subdivision is required to provide notice to the state
agency at that stage of the claim. However, when one of the
parties to the claim provides notice at that stage, every other
party to the claim is deemed to have provided the required
notice at that stage of the claim. If the required notice under
this paragraph is not provided to the state agency, all parties
to the claim are deemed to have failed to provide the required
notice. A person who is a party to a claim includes the injured
person or the person's legal representative, the plaintiff, the
defendants, or persons alleged to be responsible for
compensating the injured person or plaintiff, and any other
party to the cause of action or claim, regardless of whether the
party knows the state agency has a potential or actual lien
claim.
Notice given to the local agency is not sufficient to meet
the requirements of paragraphs (b) and (c).
Sec. 8. Minnesota Statutes 1996, section 256B.37,
subdivision 1, is amended to read:
Subdivision 1. [SUBROGATION.] Upon furnishing medical
assistance to any person having who has private accident or
health care coverage, or receives or has a right to receive
health or medical care from any type of organization or entity,
or having has a cause of action arising out of an occurrence
that necessitated the payment of medical assistance, the state
agency or the state agency's agent shall be subrogated, to the
extent of the cost of medical care furnished, to any rights the
person may have under the terms of the coverage, or against the
organization or entity providing or liable to provide health or
medical care, or under the cause of action.
The right of subrogation created in this section includes
all portions of the cause of action, notwithstanding any
settlement allocation or apportionment that purports to dispose
of portions of the cause of action not subject to subrogation.
Sec. 9. Minnesota Statutes 1996, section 514.71, is
amended to read:
514.71 [RELEASE.]
No release of such causes of action, or any of them, or of
any judgment thereon shall be valid or effectual as against such
lien unless such lienholder shall join therein, or execute a
release of such lien, and the claimant, or assignee of such
lien, may enforce such lien by action against the person, firm,
or corporation liable for such damages, and against any person
who received payment for such damages, which action shall be
commenced and tried in the county in which such lien shall be
filed, unless ordered removed to another county by the court for
cause. If the claimant shall prevail in such action, the court
may allow reasonable attorneys' fees and disbursements. Such
action shall be commenced within two years after the filing of
such lien.
Sec. 10. Minnesota Statutes 1996, section 514.980,
subdivision 2, is amended to read:
Subd. 2. [MEDICAL ASSISTANCE AGENCY OR AGENCY.] "Medical
assistance agency" or "agency" means the state or any county
medical assistance agency that state department of human
services when it provides a medical assistance benefit.
Sec. 11. Minnesota Statutes 1996, section 514.981,
subdivision 2, is amended to read:
Subd. 2. [ATTACHMENT.] (a) A medical assistance lien
attaches and becomes enforceable against specific real property
as of the date when the following conditions are met:
(1) payments have been made by an agency for a medical
assistance benefit;
(2) notice and an opportunity for a hearing have been
provided under paragraph (b);
(3) a lien notice has been filed as provided in section
514.982;
(4) if the property is registered property, the lien notice
has been memorialized on the certificate of title of the
property affected by the lien notice; and
(5) all restrictions against enforcement have ceased to
apply.
(b) An agency may not file a medical assistance lien notice
until the medical assistance recipient and the recipient's
spouse or their the recipient's legal representatives have
representative has been sent, by certified or registered mail,
written notice of the agency's lien rights and there has been an
opportunity for a hearing under section 256.045. In addition,
the agency may not file a lien notice unless the agency
determines as medically verified by the recipient's attending
physician that the medical assistance recipient cannot
reasonably be expected to be discharged from a medical
institution and return home.
(c) An agency may not file a medical assistance lien notice
against real property while it is the home of the recipient's
spouse.
(d) An agency may not file a medical assistance lien notice
against real property that was the homestead of the medical
assistance recipient or the recipient's spouse when the medical
assistance recipient received medical institution services if
any of the following persons are lawfully residing in the
property:
(1) a child of the medical assistance recipient if the
child is under age 21 or is blind or permanently and totally
disabled according to the supplemental security income criteria;
(2) a child of the medical assistance recipient if the
child resided in the homestead for at least two years
immediately before the date the medical assistance recipient
received medical institution services, and the child provided
care to the medical assistance recipient that permitted the
recipient to live without medical institution services; or
(3) a sibling of the medical assistance recipient if the
sibling has an equity interest in the property and has resided
in the property for at least one year immediately before the
date the medical assistance recipient began receiving medical
institution services.
(e) A medical assistance lien applies only to the specific
real property described in the lien notice.
Sec. 12. Minnesota Statutes 1996, section 514.982,
subdivision 1, is amended to read:
Subdivision 1. [CONTENTS.] A medical assistance lien
notice must be dated and must contain:
(1) the full name, last known address, and social security
number of the medical assistance recipient and the full name,
address, and social security number of the recipient's spouse;
(2) a statement that medical assistance payments have been
made to or for the benefit of the medical assistance recipient
named in the notice, specifying the first date of eligibility
for benefits;
(3) a statement that all interests in real property owned
by the persons named in the notice may be subject to or affected
by the rights of the agency to be reimbursed for medical
assistance benefits; and
(4) the legal description of the real property upon which
the lien attaches, and whether the property is registered
property.
Sec. 13. Minnesota Statutes 1996, section 514.982,
subdivision 2, is amended to read:
Subd. 2. [FILING.] Any notice, release, or other document
required to be filed under sections 514.980 to 514.985 must
be recorded or filed in the office of the county recorder or
registrar of titles, as appropriate, in the county where the
real property is located. Notwithstanding section 386.77, the
agency shall pay the applicable filing fee for any document
filed under sections 514.980 to 514.985. The commissioner of
human services shall reimburse the county agency for filing fees
paid under this section. An attestation, certification, or
acknowledgment is not required as a condition of filing. Upon
filing of a medical assistance lien notice, the registrar of
titles shall record it on the certificate of title of each
parcel of property described in the lien notice. The county
recorder of each county shall establish an index of medical
assistance lien notices, other than those that affect only
registered property, showing the names of all persons named in
the medical assistance lien notices filed in the county,
arranged alphabetically. The index must be combined with the
index of state tax lien notices. If the property described in
the medical assistance lien notice is registered property, the
registrar of titles shall record it on the certificate of title
for each parcel of property described in the lien notice. If
the property described in the medical assistance lien notice is
abstract property, the recorder shall file the medical
assistance lien in the county's grantor-grantee indexes and any
tract indexes the county maintains for each parcel of property
described in the lien notice. The recorder shall return
recorded medical assistance lien notices for abstract property
to the agency at no cost. If the agency provides a duplicate
copy of a medical assistance lien notice for registered
property, the registrar of titles shall show the recording data
for the medical assistance lien notice on the copy and return it
to the agency at no cost. The filing or mailing of any notice,
release, or other document under sections 514.980 to 514.985 is
the responsibility of the agency. The agency shall send a copy
of the medical assistance lien notice by registered or certified
mail to each record owner and mortgagee of the real property.
Sec. 14. Minnesota Statutes 1996, section 514.985, is
amended to read:
514.985 [AMOUNTS RECEIVED TO SATISFY LIEN.]
Amounts received by the state agency to satisfy a medical
assistance lien filed by the state agency must be deposited in
the state treasury and credited to the fund from which the
medical assistance payments were made. Amounts received by a
county medical assistance agency to satisfy a medical assistance
lien filed by the county medical assistance agency must be
deposited in the county treasury and credited to the fund from
which the medical assistance payments were made forwarded to the
agency and deposited and credited as provided for in this
section.
Sec. 15. Minnesota Statutes 1996, section 524.1-201, is
amended to read:
524.1-201 [GENERAL DEFINITIONS.]
Subject to additional definitions contained in the
subsequent articles which are applicable to specific articles or
parts, and unless the context otherwise requires, in chapters
524 and 525:
(2) "Application" means a written request to the registrar
for an order of informal probate or appointment under article
III, part 3.
(3) "Beneficiary," as it relates to trust beneficiaries,
includes a person who has any present or future interest, vested
or contingent, and also includes the owner of an interest by
assignment or other transfer and as it relates to a charitable
trust, includes any person entitled to enforce the trust.
(5) "Child" includes any individual entitled to take as a
child under law by intestate succession from the parent whose
relationship is involved and excludes any person who is only a
stepchild, a foster child, a grandchild or any more remote
descendant.
(6) "Claims" includes liabilities of the decedent whether
arising in contract or otherwise and liabilities of the estate
which arise after the death of the decedent including funeral
expenses and expenses of administration. The term does not
include taxes, demands or disputes regarding title of a decedent
to specific assets alleged to be included in the estate, tort
claims, foreclosure of mechanic's liens, or to actions pursuant
to section 573.02.
(7) "Court" means the court or branch having jurisdiction
in matters relating to the affairs of decedents. This court in
this state is known as the district court.
(8) "Conservator" means a person who is appointed by a
court to manage the estate of a protected person.
(9) "Descendant" of an individual means all of the
individual's descendants of all generations, with the
relationship of parent and child at each generation being
determined by the definition of child and parent contained in
this section.
(10) "Devise," when used as a noun, means a testamentary
disposition of real or personal property and when used as a
verb, means to dispose of real or personal property by will.
(11) "Devisee" means any person designated in a will to
receive a devise. In the case of a devise to an existing trust
or trustee, or to a trustee on trust described by will, the
trust or trustee is the devisee and the beneficiaries are not
devisees.
(12) "Disability" means cause for a protective order as
described by section 525.54.
(13) "Distributee" means any person who has received or who
will receive property of a decedent from the decedent's personal
representative other than as a creditor or purchaser. A
testamentary trustee is a distributee with respect to property
which the trustee has received from a personal representative
only to the extent of distributed assets or their increment
remaining in the trustee's hands. A beneficiary of a
testamentary trust to whom the trustee has distributed property
received from a personal representative is a distributee of the
personal representative. For purposes of this provision,
"testamentary trustee" includes a trustee to whom assets are
transferred by will, to the extent of the devised assets.
(14) "Estate" includes all of the property of the decedent,
trust, or other person whose affairs are subject to this chapter
as originally constituted and as it exists from time to time
during administration.
(16) "Fiduciary" includes personal representative,
guardian, conservator and trustee.
(17) "Foreign personal representative" means a personal
representative of another jurisdiction.
(18) "Formal proceedings" means those conducted before a
judge with notice to interested persons.
(20) "Guardian" means a person who has qualified as a
guardian of a minor or incapacitated person pursuant to
testamentary or court appointment, but excludes one who is
merely a guardian ad litem.
(21) "Heirs" means those persons, including the surviving
spouse, who are entitled under the statutes of intestate
succession to the property of a decedent.
(22) "Incapacitated person" is as described in section
525.54, other than a minor.
(23) "Informal proceedings" means those conducted by the
judge, the registrar, or the person or persons designated by the
judge for probate of a will or appointment of a personal
representative in accordance with sections 524.3-301 to
524.3-311.
(24) "Interested person" includes heirs, devisees,
children, spouses, creditors, beneficiaries and any others
having a property right in or claim against the estate of a
decedent, ward or protected person which may be affected by the
proceeding. It also includes persons having priority for
appointment as personal representative, and other fiduciaries
representing interested persons. The meaning as it relates to
particular persons may vary from time to time and must be
determined according to the particular purposes of, and matter
involved in, any proceeding.
(27) "Lease" includes an oil, gas, or other mineral lease.
(28) "Letters" includes letters testamentary, letters of
guardianship, letters of administration, and letters of
conservatorship.
(30) "Mortgage" means any conveyance, agreement or
arrangement in which property is used as security.
(31) "Nonresident decedent" means a decedent who was
domiciled in another jurisdiction at the time of death.
(32) "Organization" includes a corporation, government or
governmental subdivision or agency, business trust, estate,
trust, partnership or association, two or more persons having a
joint or common interest, or any other legal entity.
(35) "Person" means an individual, a corporation, an
organization, or other legal entity.
(36) "Personal representative" includes executor,
administrator, successor personal representative, special
administrator, and persons who perform substantially the same
function under the law governing their status. "General
personal representative" excludes special administrator.
(37) "Petition" means a written request to the court for an
order after notice.
(38) "Proceeding" includes action at law and suit in equity.
(39) "Property" includes both real and personal property or
any interest therein and means anything that may be the subject
of ownership.
(40) "Protected person" is as described in section 525.54,
subdivision 1.
(42) "Registrar" refers to the judge of the court or the
person designated by the court to perform the functions of
registrar as provided in section 524.1-307.
(43) "Security" includes any note, stock, treasury stock,
bond, debenture, evidence of indebtedness, certificate of
interest or participation in an oil, gas or mining title or
lease or in payments out of production under such a title or
lease, collateral trust certificate, transferable share, voting
trust certificate or, in general, any interest or instrument
commonly known as a security, or any certificate of interest or
participation, any temporary or interim certificate, receipt or
certificate of deposit for, or any warrant or right to subscribe
to or purchase, any of the foregoing.
(44) "Settlement," in reference to a decedent's estate,
includes the full process of administration, distribution and
closing.
(45) "Special administrator" means a personal
representative as described by sections 524.3-614 to 524.3-618.
(46) "State" includes any state of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, and any
territory or possession subject to the legislative authority of
the United States.
(47) "Successor personal representative" means a personal
representative, other than a special administrator, who is
appointed to succeed a previously appointed personal
representative.
(48) "Successors" means those persons, other than
creditors, who are entitled to property of a decedent under the
decedent's will, this chapter or chapter 525. "Successors" also
means a funeral director or county government that provides the
funeral and burial of the decedent, or a state or county agency
with a claim authorized under section 256B.15.
(49) "Supervised administration" refers to the proceedings
described in sections 524.3-501 to 524.3-505.
(51) "Testacy proceeding" means a proceeding to establish a
will or determine intestacy.
(53) "Trust" includes any express trust, private or
charitable, with additions thereto, wherever and however
created. It also includes a trust created or determined by
judgment or decree under which the trust is to be administered
in the manner of an express trust. "Trust" excludes other
constructive trusts, and it excludes resulting trusts,
conservatorships, personal representatives, trust accounts as
defined in chapter 528, custodial arrangements pursuant to
sections 149.11 to 149.14, 318.01 to 318.06, 527.21 to 527.44,
business trusts providing for certificates to be issued to
beneficiaries, common trust funds, voting trusts, security
arrangements, liquidation trusts, and trusts for the primary
purpose of paying debts, dividends, interest, salaries, wages,
profits, pensions, or employee benefits of any kind, and any
arrangement under which a person is nominee or escrowee for
another.
(54) "Trustee" includes an original, additional, or
successor trustee, whether or not appointed or confirmed by
court.
(55) "Ward" is as described in section 525.54, subdivision
1.
(56) "Will" includes codicil and any testamentary
instrument which merely appoints an executor or revokes or
revises another will.
Sec. 16. Minnesota Statutes 1996, section 524.3-801, is
amended to read:
524.3-801 [NOTICE TO CREDITORS.]
(a) Unless notice has already been given under this
section, upon appointment of a general personal representative
in informal proceedings or upon the filing of a petition for
formal appointment of a general personal representative, notice
thereof, in the form prescribed by court rule, shall be given
under the direction of the court administrator by publication
once a week for two successive weeks in a legal newspaper in the
county wherein the proceedings are pending giving the name and
address of the general personal representative and notifying
creditors of the estate to present their claims within four
months after the date of the court administrator's notice which
is subsequently published or be forever barred, unless they are
entitled to further service of notice under paragraph (b) or (c).
(b)(1) Within three months after: (i) the date of the
first publication of the notice; or (ii) June 16, 1989,
whichever is later, the personal representative may determine,
in the personal representative's discretion, that it is or is
not advisable to conduct a reasonably diligent search for
creditors of the decedent who are either not known or not
identified. If the personal representative determines that a
reasonably diligent search is advisable, the personal
representative shall conduct the search.
(2) If the notice is first published after June 16, 1989,
the personal representative shall, within three months after the
date of the first publication of the notice, serve a copy of the
notice upon each then known and identified creditor in the
manner provided in paragraph (c). If the decedent or a
predeceased spouse of the decedent received assistance for which
a claim could be filed under section 246.53, 256B.15, 256D.16,
or 261.04, the personal representative shall serve a copy of the
notice on the commissioner of human services in the manner
provided in paragraph (c) on or before the date of the first
publication of the notice. The copy of the notice served on the
commissioner of human services shall include the full name, date
of birth, and social security number of the decedent or the
predeceased spouse who received assistance for which a claim
could be filed under any of the sections listed in this
paragraph. Notwithstanding any will or other instrument or law
to the contrary, except as allowed in this paragraph no property
subject to administration by the estate may be distributed by
the estate or the personal representative until 70 days after
the date the notice is served upon the commissioner, as provided
in paragraph (c) unless the local agency consents. An affidavit
of service shall be prima facie evidence of service and, if it
contains a legal description of the affected real property, may
be filed or recorded in the office of the county recorder or
registrar of titles to establish compliance with the notice
requirement established in this paragraph. This restriction on
distribution does not apply to the personal representative's
sale of real or personal property while the estate is open but
does apply to the net proceeds the estate receives from the
sale. If notice was first published under the applicable
provisions of law under the direction of the court administrator
before June 16, 1989, and if a personal representative is
empowered to act at any time after June 16, 1989, the personal
representative shall, within three months after June 16, 1989,
serve upon the then known and identified creditors in the manner
provided in paragraph (c) a copy of the notice as published,
together with a supplementary notice requiring each of the
creditors to present any claim within one month after the date
of the service of the notice or be forever barred.
(3) Under this section, a creditor is "known" if: (i) the
personal representative knows that the creditor has asserted a
claim that arose during the decedent's life against either the
decedent or the decedent's estate; or (ii) the creditor has
asserted a claim that arose during the decedent's life and the
fact is clearly disclosed in accessible financial records known
and available to the personal representative. Under this
section, a creditor is "identified" if the personal
representative's knowledge of the name and address of the
creditor will permit service of notice to be made under
paragraph (c).
(c) The personal representative shall serve a copy of any
notice and any supplementary notice required by paragraph (b),
clause (1) or (2), upon each creditor of the decedent who is
then known to the personal representative and identified, except
a creditor whose claim has either been presented to the personal
representative or paid, either by delivery of a copy of the
required notice to the creditor, or by mailing a copy of the
notice to the creditor by certified, registered, or ordinary
first class mail addressed to the creditor at the creditor's
office or place of residence.
(d)(1) Effective for decedents dying on or after July 1,
1997, if the decedent or a predeceased spouse of the decedent
received assistance for which a claim could be filed under
section 246.53, 256B.15, 256D.16, or 261.04, the personal
representative or the attorney for the personal representative
shall serve the commissioner of human services with notice in
the manner prescribed in paragraph (c) as soon as practicable
after the appointment of the personal representative. The
notice must state the decedent's full name, date of birth, and
social security number and, to the extent then known after
making a reasonably diligent inquiry, the full name, date of
birth, and social security number for each of the decedent's
predeceased spouses. The notice may also contain a statement
that, after making a reasonably diligent inquiry, the personal
representative has determined that the decedent did not have any
predeceased spouses or that the personal representative has been
unable to determine one or more of the previous items of
information for a predeceased spouse of the decedent. A copy of
the notice to creditors must be attached to and be a part of the
notice to the commissioner.
(2) Notwithstanding a will or other instrument or law to
the contrary, except as allowed in this paragraph, no property
subject to administration by the estate may be distributed by
the estate or the personal representative until 70 days after
the date the notice is served on the commissioner as provided in
paragraph (c), unless the local agency consents as provided for
in clause (6). This restriction on distribution does not apply
to the personal representative's sale of real or personal
property, but does apply to the net proceeds the estate receives
from these sales. The personal representative, or any person
with personal knowledge of the facts, may provide an affidavit
containing the description of any real or personal property
affected by this paragraph and stating facts showing compliance
with this paragraph. If the affidavit describes real property,
it may be filed or recorded in the office of the county recorder
or registrar of titles for the county where the real property is
located. This paragraph does not apply to proceedings under
sections 524.3-1203 and 525.31, or when a duly authorized agent
of a county is acting as the personal representative of the
estate.
(3) At any time before an order or decree is entered under
section 524.3-1001 or 524.3-1002, or a closing statement is
filed under section 524.3-1003, the personal representative or
the attorney for the personal representative may serve an
amended notice on the commissioner to add variations or other
names of the decedent or a predeceased spouse named in the
notice, the name of a predeceased spouse omitted from the
notice, to add or correct the date of birth or social security
number of a decedent or predeceased spouse named in the notice,
or to correct any other deficiency in a prior notice. The
amended notice must state the decedent's name, date of birth,
and social security number, the case name, case number, and
district court in which the estate is pending, and the date the
notice being amended was served on the commissioner. If the
amendment adds the name of a predeceased spouse omitted from the
notice, it must also state that spouse's full name, date of
birth, and social security number. The amended notice must be
served on the commissioner in the same manner as the original
notice. Upon service, the amended notice relates back to and is
effective from the date the notice it amends was served, and the
time for filing claims arising under section 246.53, 256B.15,
256D.16 or 261.04 is extended by 60 days from the date of
service of the amended notice. Claims filed during the 60-day
period are undischarged and unbarred claims, may be prosecuted
by the entities entitled to file those claims in accordance with
section 524.3-1004, and the limitations in section 524.3-1006 do
not apply. The personal representative or any person with
personal knowledge of the facts may provide and file or record
an affidavit in the same manner as provided for in clause (1).
(4) Within one year after the date an order or decree is
entered under section 524.3-1001 or 524.3-1002 or a closing
statement is filed under section 524.3-1003, any person who has
an interest in property that was subject to administration by
the estate may serve an amended notice on the commissioner to
add variations or other names of the decedent or a predeceased
spouse named in the notice, the name of a predeceased spouse
omitted from the notice, to add or correct the date of birth or
social security number of a decedent or predeceased spouse named
in the notice, or to correct any other deficiency in a prior
notice. The amended notice must be served on the commissioner
in the same manner as the original notice and must contain the
information required for amendments under clause (3). If the
amendment adds the name of a predeceased spouse omitted from the
notice, it must also state that spouse's full name, date of
birth, and social security number. Upon service, the amended
notice relates back to and is effective from the date the notice
it amends was served. If the amended notice adds the name of an
omitted predeceased spouse or adds or corrects the social
security number or date of birth of the decedent or a
predeceased spouse already named in the notice, then,
notwithstanding any other laws to the contrary, claims against
the decedent's estate on account of those persons resulting from
the amendment and arising under section 246.53, 256B.15,
256D.16, or 261.04 are undischarged and unbarred claims, may be
prosecuted by the entities entitled to file those claims in
accordance with section 524.3-1004, and the limitations in
section 524.3-1006 do not apply. The person filing the
amendment or any other person with personal knowledge of the
facts may provide and file or record an affidavit describing
affected real or personal property in the same manner as clause
(1).
(5) After one year from the date an order or decree is
entered under section 524.3-1001 or 524.3-1002, or a closing
statement is filed under section 524.3-1003, no error, omission,
or defect of any kind in the notice to the commissioner required
under this paragraph or in the process of service of the notice
on the commissioner, or the failure to serve the commissioner
with notice as required by this paragraph, makes any
distribution of property by a personal representative void or
voidable. The distributee's title to the distributed property
shall be free of any claims based upon a failure to comply with
this paragraph.
(6) The local agency may consent to a personal
representative's request to distribute property subject to
administration by the estate to distributees during the 70-day
period after service of notice on the commissioner. The local
agency may grant or deny the request in whole or in part and may
attach conditions to its consent as it deems appropriate. When
the local agency consents to a distribution, it shall give the
estate a written certificate evidencing its consent to the early
distribution of assets at no cost. The certificate must include
the name, case number, and district court in which the estate is
pending, the name of the local agency, describe the specific
real or personal property to which the consent applies, state
that the local agency consents to the distribution of the
specific property described in the consent during the 70-day
period following service of the notice on the commissioner,
state that the consent is unconditional or list all of the terms
and conditions of the consent, be dated, and may include other
contents as may be appropriate. The certificate must be signed
by the director of the local agency or the director's designees
and is effective as of the date it is dated unless it provides
otherwise. The signature of the director or the director's
designee does not require any acknowledgment. The certificate
shall be prima facie evidence of the facts it states, may be
attached to or combined with a deed or any other instrument of
conveyance and, when so attached or combined, shall constitute a
single instrument. If the certificate describes real property,
it shall be accepted for recording or filing by the county
recorder or registrar of titles in the county in which the
property is located. If the certificate describes real property
and is not attached to or combined with a deed or other
instrument of conveyance, it shall be accepted for recording or
filing by the county recorder or registrar of titles in the
county in which the property is located. The certificate
constitutes a waiver of the 70-day period provided for in clause
(2) with respect to the property it describes and is prima facie
evidence of service of notice on the commissioner. The
certificate is not a waiver or relinquishment of any claims
arising under section 246.53, 256B.15, 256D.16, or 261.04, and
does not otherwise constitute a waiver of any of the personal
representative's duties under this paragraph. Distributees who
receive property pursuant to a consent to an early distribution
shall remain liable to creditors of the estate as provided for
by law.
(7) All affidavits provided for under this paragraph:
(i) shall be provided by persons who have personal
knowledge of the facts stated in the affidavit;
(ii) may be filed or recorded in the office of the county
recorder or registrar of titles in the county in which the real
property they describe is located for the purpose of
establishing compliance with the requirements of this paragraph;
and
(iii) are prima facie evidence of the facts stated in the
affidavit.
(8) This paragraph applies to the estates of decedents
dying on or after July 1, 1997. Clause (5) also applies with
respect to all notices served on the commissioner of human
services before July 1, 1997, under Laws 1996, chapter 451,
article 2, section 55. All notices served on the commissioner
before July 1, 1997, pursuant to Laws 1996, chapter 451, article
2, section 55, shall be deemed to be legally sufficient for the
purposes for which they were intended, notwithstanding any
errors, omissions or other defects.
Sec. 17. Minnesota Statutes 1996, section 524.3-1004, is
amended to read:
524.3-1004 [LIABILITY OF DISTRIBUTEES TO CLAIMANTS.]
After assets of an estate have been distributed and subject
to section 524.3-1006, an undischarged claim not barred may be
prosecuted in a proceeding against one or more distributees. If
a personal representative closes an estate without giving notice
as required under section 524.3-801, paragraph (d),
notwithstanding any other law to the contrary, claims arising
under sections 246.53, 256B.15, 256D.16, and 261.04 shall be
undischarged and unbarred claims. The governmental entities
entitled to file claims under those sections shall be entitled
to prosecute their claims against distributees as provided for
in this section, and the limitations in section 524.3-1006 shall
not apply. No distributee shall be liable to claimants for
amounts in excess of the value of the distributee's distribution
as of the time of distribution. As between distributees, each
shall bear the cost of satisfaction of unbarred claims as if the
claim had been satisfied in the course of administration. Any
distributee who shall have failed to notify other distributees
of the demand made by the claimant in sufficient time to permit
them to join in any proceeding in which the claim was asserted
against the first distributee loses the right of contribution
against other distributees.
Sec. 18. Minnesota Statutes 1996, section 524.3-1201, is
amended to read:
524.3-1201 [COLLECTION OF PERSONAL PROPERTY BY AFFIDAVIT.]
(a) Thirty days after the death of a decedent, (i) any
person indebted to the decedent, (ii) any person having
possession of tangible personal property or an instrument
evidencing a debt, obligation, stock or chose in action
belonging to the decedent, or (iii) any safe deposit company, as
defined in section 55.01, controlling the right of access to
decedent's safe deposit box shall make payment of the
indebtedness or deliver the tangible personal property or an
instrument evidencing a debt, obligation, stock or chose in
action or deliver the entire contents of the safe deposit box to
a person claiming to be the successor of the decedent, or a
state or county agency with a claim authorized by section
256B.15, upon being presented a certified death certificate of
the decedent and an affidavit, in duplicate, made by or on
behalf of the successor stating that:
(1) the value of the entire probate estate, wherever
located, including specifically any contents of a safe deposit
box, less liens and encumbrances, does not exceed $20,000;
(2) 30 days have elapsed since the death of the decedent
or, in the event the property to be delivered is the contents of
a safe deposit box, 30 days have elapsed since the filing of an
inventory of the contents of the box pursuant to section 55.10,
paragraph (h);
(3) no application or petition for the appointment of a
personal representative is pending or has been granted in any
jurisdiction; and
(4) if presented to a financial institution with a
multiple-party account in which the decedent had an interest at
the time of death, the amount of the affiant's claim and a good
faith estimate of the extent to which the decedent was the
source of funds or beneficial owner of the account; and
(4) (5) the claiming successor is entitled to payment or
delivery of the property.
(b) A transfer agent of any security shall change the
registered ownership on the books of a corporation from the
decedent to the successor or successors upon the presentation of
an affidavit as provided in subsection (a).
(c) The claiming successor or state or county agency shall
disburse the proceeds collected under this section to any person
with a superior claim under section 524.2-403 or 524.3-805.
(d) A motor vehicle registrar shall issue a new certificate
of title in the name of the successor upon the presentation of
an affidavit as provided in subsection (a).
(e) The person controlling access to decedent's safe
deposit box need not open the box or deliver the contents of the
box if:
(1) the person has received notice of a written or oral
objection from any person or has reason to believe that there
would be an objection; or
(2) the lessee's key or combination is not available.
Sec. 19. Minnesota Statutes 1996, section 524.6-207, is
amended to read:
524.6-207 [RIGHTS OF CREDITORS.]
No multiple-party account will be effective against an
estate of a deceased party to transfer to a survivor sums needed
to pay debts, taxes, and expenses of administration, including
statutory allowances to the surviving spouse, minor children and
dependent children or against the state or a county agency with
a claim authorized by section 256B.15, if other assets of the
estate are insufficient, to the extent the deceased party is the
source of the funds or beneficial owner. A surviving party or
P.O.D. payee who receives payment from a multiple-party account
after the death of a deceased party shall be liable to account
to the deceased party's personal representative or the state or
a county agency with a claim authorized by section 256B.15 for
amounts the decedent owned beneficially immediately before death
to the extent necessary to discharge any such claims and charges
remaining unpaid after the application of the assets of the
decedent's estate. No proceeding to assert this liability shall
be commenced by the personal representative unless the personal
representative has received a written demand by a surviving
spouse, a creditor or one acting for a minor dependent child of
the decedent, and no proceeding shall be commenced later than
two years following the death of the decedent. Sums recovered
by the personal representative shall be administered as part of
the decedent's estate. This section shall not affect the right
of a financial institution to make payment on multiple-party
accounts according to the terms thereof, or make it liable to
the estate of a deceased party unless, before payment, the
institution has been served with process in a proceeding by the
personal representative or the state or a county agency with a
claim authorized by section 256B.15., or has been presented by
the state or a county agency with a claim authorized by section
256B.15 with an affidavit pursuant to section 524.3-1201. Upon
being presented with such an affidavit, the financial
institution shall make payment of the multiple-party account to
the affiant in an amount equal to the lesser of the claim stated
in the affidavit or the extent to which the affidavit identifies
the decedent as the source of funds or beneficial owner of the
account.
Presented to the governor May 20, 1997
Signed by the governor May 22, 1997, 11:10 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes