Minnesota Session Laws - 1999, Regular Session

                            CHAPTER 118-S.F.No. 283 
                  An act relating to civil commitment; clarifying 
                  standards and procedures; modifying procedures 
                  governing persons committed as mentally ill and 
                  dangerous to the public; amending Minnesota Statutes 
                  1998, sections 253B.065, subdivision 5; 253B.17, 
                  subdivision 1; 253B.18, subdivisions 1, 2, and 4c; 
                  253B.185, subdivision 1; and 256G.08, subdivision 1. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1998, section 253B.065, 
        subdivision 5, is amended to read: 
           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. 
           For purposes of this paragraph, a proposed patient who was 
        released under section 253B.095 and whose release was not 
        revoked is not considered to have received court-ordered 
        inpatient treatment under section 253B.09. 
           Sec. 2.  Minnesota Statutes 1998, 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 as a 
        sexually dangerous person or person with a sexual psychopathic 
        personality as provided in section 253B.18, subdivision 3, 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 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.  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. 3.  Minnesota Statutes 1998, section 253B.18, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [PROCEDURE.] (a) 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 a secure treatment facility or to a treatment facility 
        willing to accept the patient under commitment.  The court shall 
        commit the patient to a secure treatment facility unless the 
        patient establishes by clear and convincing evidence that a less 
        restrictive treatment program is available that is consistent 
        with the patient's treatment needs and the requirements of 
        public safety.  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.  The proposed patient has the 
        burden of going forward in the presentation of evidence.  The 
        standard of proof remains as required by this chapter.  Upon 
        commitment, admission procedures shall be carried out pursuant 
        to section 253B.10.  
           (b) Once a patient is admitted to a treatment facility 
        pursuant to a commitment under this subdivision, treatment must 
        begin regardless of whether a review hearing will be held under 
        subdivision 2. 
           Sec. 4.  Minnesota Statutes 1998, section 253B.18, 
        subdivision 2, is amended to read: 
           Subd. 2.  [REVIEW; HEARING.] (a) 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 a secure treatment facility.  The court shall hold a hearing 
        to make a final determination as to whether the person should 
        remain committed as mentally ill and dangerous to the public.  
        The hearing shall be held within the earlier of 14 days of the 
        court's receipt of the written treatment report, or within 90 
        days of the date of initial commitment or admission, unless 
        otherwise agreed by the parties. 
           (b) The court may, with agreement of the county attorney 
        and attorney for the patient: 
           (1) waive the review hearing under this subdivision and 
        immediately order an indeterminate commitment under subdivision 
        3; or 
           (2) continue the review hearing for up to one year. 
           (c) If the court finds that the patient 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 4a 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. 5.  Minnesota Statutes 1998, section 253B.18, 
        subdivision 4c, is amended 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 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.  
           (b) Members of the special review board shall receive 
        compensation and reimbursement for expenses as established by 
        the commissioner. 
           Sec. 6.  Minnesota Statutes 1998, section 253B.185, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [GENERAL.] Except as otherwise provided in 
        this section, the provisions of this chapter pertaining to 
        persons mentally ill and dangerous to the public apply with like 
        force and effect to persons who are alleged or found to be 
        sexually dangerous persons or persons with a sexual psychopathic 
        personality.  Before commitment proceedings are instituted, the 
        facts shall first be submitted to the county attorney, who, if 
        satisfied that good cause exists, will prepare the petition.  
        The county attorney may request a prepetition screening report.  
        The petition is to be executed by a person having knowledge of 
        the facts and filed with the committing court of the county in 
        which the patient has a settlement or is present.  If the 
        patient is in the custody of the commissioner of corrections, 
        the petition may be filed in the county where the conviction for 
        which the person is incarcerated was entered.  Upon the filing 
        of a petition alleging that a proposed patient is a sexually 
        dangerous person or is a person with a sexual psychopathic 
        personality, the court shall hear the petition as provided in 
        section 253B.18.  In commitments under this section, the court 
        shall commit the patient to a secure treatment facility unless 
        the patient establishes by clear and convincing evidence that a 
        less restrictive treatment program is available that is 
        consistent with the patient's treatment needs and the 
        requirements of public safety. 
           Sec. 7.  Minnesota Statutes 1998, section 256G.08, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [COMMITMENT PROCEEDINGS.] In cases of 
        voluntary admission or commitment to state or other 
        institutions, the committing county shall initially pay for all 
        costs.  This includes the expenses of the taking into custody, 
        confinement, emergency holds under sections 253B.05, 
        subdivisions 1 and 2, and 253B.07, examination, commitment, 
        conveyance to the place of detention, rehearing, and hearings 
        under section 253B.03, subdivision 6c 253B.092, including 
        hearings held under that section which are venued outside the 
        county of commitment. 
           Presented to the governor April 30, 1999 
           Signed by the governor May 4, 1999, 11:15 a.m.