Office of the Revisor of Statutes
Minnesota Session Laws - 1998, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 313-S.F.No. 2373
An act relating to civil commitment; modifying
provisions governing release on pass for persons
committed as mentally ill and dangerous; allowing
temporary jail confinement of persons subject to
commitment as sexual psychopathic personalities or
sexually dangerous persons; clarifying various
provisions and making conforming and technical
amendments; amending Minnesota Statutes 1996, sections
253B.15, subdivision 9; and 253B.185, by adding a
subdivision; Minnesota Statutes 1997 Supplement,
sections 253B.03, subdivision 7; 253B.045,
subdivisions 2 and 3; 253B.05, subdivision 3; 253B.07,
subdivisions 5 and 7; 253B.09, subdivision 1;
253B.092, subdivisions 6 and 8; 253B.0921; 253B.095,
subdivision 3; 253B.12, subdivision 1; 253B.141,
subdivision 1; 253B.15, subdivisions 2, 3, 3a, 3b, and
5; 253B.18, subdivisions 4a and 5; and 253B.19,
subdivision 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1997 Supplement, 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 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. 2. Minnesota Statutes 1997 Supplement, section
253B.045, 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 2b,
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. 3. Minnesota Statutes 1997 Supplement, section
253B.045, subdivision 3, is amended to read:
Subd. 3. [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 2b, pending a judicial
determination regarding continued commitment pursuant to
sections 253B.12 and 253B.13.
Sec. 4. Minnesota Statutes 1997 Supplement, 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. If a
petition for the commitment of the person is filed in the
district court in the county of the person's residence or of the
county in which the treatment facility is located, the court may
issue a judicial hold order pursuant to section 253B.07,
subdivision 6 2b.
(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. The release may not be delayed pending
the written order. Before releasing deciding to release the
person, the court shall make every reasonable effort to provide
notice of the proposed release to:
(1) any specific individuals identified in a statement
under subdivision 1 or 2 or individuals identified in the record
who might be endangered if the person was not held;
(2) the examiner whose written statement was a basis for a
hold under subdivision 1; 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. 5. Minnesota Statutes 1997 Supplement, 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 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 parties, a
court-appointed examiner shall file the report with the court
not less than 48 hours prior to the commitment hearing. The
court shall ensure that copies of the examiner's report shall be
sent are provided to the county attorney, the proposed patient,
and the patient's counsel.
Sec. 6. Minnesota Statutes 1997 Supplement, 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 longer than 72 hours, exclusive of
Saturdays, Sundays, and legal holidays, unless the court holds a
preliminary hearing and determines that 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. The court
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 proposed patient who is seriously
disruptive or who is incapable of comprehending and
participating in the proceedings. In such instances, the court
shall, with specificity on the record, state the behavior of the
proposed patient or other circumstances which justify proceeding
in the absence of the proposed patient.
(d) The court may continue the court judicial 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. If a proposed patient was acquitted of a crime
against the person under section 611.026 immediately preceding
the filing of the petition, the court may presume that serious
imminent physical harm to the patient or others is likely if the
proposed patient is not confined.
(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. 7. Minnesota Statutes 1997 Supplement, 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 after careful consideration of reasonable alternative
dispositions, including but not limited to, dismissal of
petition, voluntary outpatient care, 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 or alternative programs 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. 8. Minnesota Statutes 1997 Supplement, section
253B.092, subdivision 6, is amended to read:
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. A
hearing is not required for an appointment under this
paragraph. 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 relevant 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. The substitute decision-maker may not disclose health
records obtained under this paragraph except to the extent
necessary to carry out the duties 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.
Sec. 9. Minnesota Statutes 1997 Supplement, section
253B.092, subdivision 8, is amended to read:
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. A copy of the order must be given to
the patient, the patient's attorney, the county attorney, and
the treatment facility. The treatment facility may not begin
administration of the neuroleptic medication until it notifies
the patient of the court's order authorizing the treatment.
(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.
Sec. 10. Minnesota Statutes 1997 Supplement, section
253B.0921, is amended to read:
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 relevant
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. 11. Minnesota Statutes 1997 Supplement, section
253B.095, subdivision 3, is amended to read:
Subd. 3. [DURATION.] The maximum duration of 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 suffer from mental
illness, chemical dependency, or mental retardation be mentally
ill, chemically dependent, or mentally retarded, and (2) an
order is needed to protect the patient or others.
Sec. 12. Minnesota Statutes 1997 Supplement, section
253B.12, subdivision 1, is amended to read:
Subdivision 1. [REPORTS.] (a) If a patient who was
committed as mentally ill, mentally retarded, or chemically
dependent is discharged from treatment commitment within the
first 60 days after the date of the initial 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, the treatment facility which is needed, and evidence
to support the response;
(6) whether the patient satisfies the statutory requirement
for continued commitment to a treatment facility, with
documentation to support the opinion; and
(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 county attorney, 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 filed by the
designated agency, which may submit the discharge report as part
of its report.
(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. 13. Minnesota Statutes 1997 Supplement, section
253B.141, subdivision 1, is amended to read:
Subdivision 1. [REPORT OF ABSENCE.] (a) If a patient
committed under this chapter or detained under a court-ordered
judicial 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.
Sec. 14. Minnesota Statutes 1997 Supplement, section
253B.15, subdivision 2, is amended to read:
Subd. 2. [REVOCATION OF PROVISIONAL DISCHARGE.] The
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 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 may request that the designated
agency revoke the patient's provisional discharge. Any person
making a request shall provide the head of the 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. 15. Minnesota Statutes 1997 Supplement, section
253B.15, subdivision 3, is amended to read:
Subd. 3. [PROCEDURE; NOTICE.] Revocation shall be
commenced by the designated agency's written notice of intent to
revoke provisional discharge given or sent to the patient, the
patient's attorney, and the 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. 16. Minnesota Statutes 1997 Supplement, section
253B.15, subdivision 3a, is amended to read:
Subd. 3a. [REPORT TO THE COURT.] Within 48 hours,
excluding weekends and holidays, 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. 17. Minnesota Statutes 1997 Supplement, section
253B.15, subdivision 3b, is amended to read:
Subd. 3b. [REVIEW.] The patient or patient's attorney 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. 18. Minnesota Statutes 1997 Supplement, section
253B.15, subdivision 5, is amended to read:
Subd. 5. [RETURN TO FACILITY.] When the designated
agency serves gives or sends 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 a facility. The court may order the patient
returned to a facility prior to a review hearing only upon
finding that immediate return to a facility is necessary 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 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, or
if a health or peace officer returns the patient to the
treatment facility, and the patient wants judicial review of the
revocation, the patient or the patient's attorney must file the
petition for review and affidavit required under subdivision 3b
within 48 hours 14 days of receipt of the notice of the intent
to revoke.
Sec. 19. Minnesota Statutes 1996, section 253B.15,
subdivision 9, is amended to read:
Subd. 9. [EXPIRATION OF PROVISIONAL DISCHARGE.] Except as
otherwise provided, a provisional discharge is absolute when it
expires. If, while on provisional discharge or extended
provisional discharge, a patient is discharged as provided in
section 253B.16, the discharge shall be absolute.
Notice of the expiration of the provisional discharge shall
be given by the head of the treatment facility to the committing
court,; the petitioner, if known; the patient's attorney; the
county attorney in the county of commitment; the commissioner,;
and the designated agency.
Sec. 20. Minnesota Statutes 1997 Supplement, 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 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 secure treatment
facility. The pass plan must have a specific therapeutic
purpose consistent with the treatment plan, must be established
for a specific period of time, and must have specific levels of
liberty delineated. The county case manager must be invited to
participate in the development of the pass plan. 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 local law enforcement agency in the location where
the pass is to occur, 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. 21. Minnesota Statutes 1997 Supplement, 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. 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, 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 patient may designate interested
persons to receive notice by providing the names and addresses
to the commissioner at least 21 days before 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 signed. No order by the commissioner shall be
effective sooner than 30 days after 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. 22. Minnesota Statutes 1996, section 253B.185, is
amended by adding a subdivision to read:
Subd. 1a. [TEMPORARY CONFINEMENT.] During any hearing held
under this section, or pending emergency revocation of a
provisional discharge, the court may order the patient or
proposed patient temporarily confined in a jail or lockup but
only if:
(1) there is no other feasible place of confinement for the
patient within a reasonable distance;
(2) the confinement is for less than 24 hours or, if during
a hearing, less than 24 hours prior to commencement and after
conclusion of the hearing; and
(3) there are protections in place, including segregation
of the patient, to ensure the safety of the patient.
Sec. 23. Minnesota Statutes 1997 Supplement, 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.
Presented to the governor March 19, 1998
Signed by the governor March 23, 1998, 10:50 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes