Minnesota Session Laws - 2000, Regular Session

                            CHAPTER 480-S.F.No. 2854 
                  An act relating to civil commitment; allowing a county 
                  attorney or designee prior to filing a petition for 
                  commitment as a sexual psychopathic personality or 
                  sexually dangerous person to have access to patient 
                  records for determining whether good cause exists to 
                  file a petition; requiring the court to decide a 
                  motion for access to patient records within 48 hours 
                  after hearing on motion; amending Minnesota Statutes 
                  1998, section 253B.185, by adding a subdivision. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1998, section 253B.185, is 
        amended by adding a subdivision to read: 
           Subd. 1b.  [COUNTY ATTORNEY ACCESS TO DATA.] 
        Notwithstanding sections 144.335; 245.467, subdivision 6; 
        245.4876, subdivision 7; 260B.171; 260B.235, subdivision 8; 
        260C.171; and 609.749, subdivision 6, or any provision of 
        chapter 13 or other state law, prior to filing a petition for 
        commitment as a sexual psychopathic personality or as a sexually 
        dangerous person, and upon notice to the proposed patient, the 
        county attorney or the county attorney's designee may move the 
        court for an order granting access to any records or data, to 
        the extent it relates to the proposed patient, for the purpose 
        of determining whether good cause exists to file a petition and, 
        if a petition is filed, to support the allegations set forth in 
        the petition. 
           The court may grant the motion if:  (1) the department of 
        corrections refers the case for commitment as a sexual 
        psychopathic personality or a sexually dangerous person; or (2) 
        upon a showing that the requested category of data or records 
        may be relevant to the determination by the county attorney or 
        designee.  The court shall decide a motion under this 
        subdivision within 48 hours after a hearing on the motion.  
        Notice to the proposed patient need not be given upon a showing 
        that such notice may result in harm or harassment of interested 
        persons or potential witnesses. 
           Data collected pursuant to this subdivision shall retain 
        their original status and, if not public, are inadmissible in 
        any court proceeding unrelated to civil commitment, unless 
        otherwise permitted. 
           Presented to the governor May 11, 2000 
           Signed by the governor May 15, 2000, 10:40 a.m.