Minnesota Session Laws - 2002, Regular Session

                            CHAPTER 335-S.F.No. 2457 
                  An act relating to civil commitment; conforming 
                  certain standards; authorizing the court to commit 
                  certain persons with mental illnesses to community 
                  hospitals; requiring the commissioner of human 
                  services to provide a report to the legislature on the 
                  mental health system; amending Minnesota Statutes 
                  2000, sections 253B.05, subdivision 2; 253B.07, 
                  subdivision 2b; Minnesota Statutes 2001 Supplement, 
                  section 253B.09, subdivision 1. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, section 253B.05, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PEACE OR HEALTH OFFICER 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 detained.  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 the treatment 
        facility.  The application shall contain the peace or health 
        officer's statement 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 if not immediately detained; or (2) a written 
        statement is made by the institution program director or the 
        director's designee on duty at the facility after preliminary 
        examination that the person has symptoms of chemical dependency 
        and appears to be in imminent danger of harming self or 
        others if not immediately detained or is intoxicated in public. 
           Sec. 2.  Minnesota Statutes 2000, section 253B.07, 
        subdivision 2b, is amended 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 
        immediately 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. 3.  Minnesota Statutes 2001 Supplement, section 
        253B.09, subdivision 1, is amended to read: 
           Subdivision 1.  [STANDARD OF PROOF.] (a) 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.  
           (b) 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 voluntarily 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.  
           (c) If the court finds a proposed patient to be a mentally 
        ill person under section 253B.02, subdivision 13, paragraph (a), 
        clause (2) or (4), the court shall commit to a community-based 
        program that meets the proposed patient's needs.  For purposes 
        of this paragraph, a community-based program may include 
        inpatient mental health services at a community hospital. 
           Sec. 4.  [MENTAL HEALTH SYSTEM REPORT.] 
           The commissioner of human services shall, in consultation 
        with consumers of mental health services and their families, 
        counties, and advocates for and providers of mental health 
        services, provide a report to the legislature, which includes an 
        analysis and evaluation of: 
           (1) the unmet mental health needs of children, adults, and 
        their families; 
           (2) the unmet need for specialized crisis teams trained in 
        cultural competence to work with police to meet crisis mental 
        health needs of immigrants and refugees; 
           (3) the barriers to meeting the needs identified in clauses 
        (1) and (2); and 
           (4) long-term strategies to overcome the barriers under 
        clause (3). 
        The report on the mental health system is due to the chairs of 
        the house of representatives and senate committees having 
        jurisdiction over human services issues by January 15, 2003. 
           Presented to the governor April 12, 2002 
           Signed by the governor April 16, 2002, 11:59 a.m.