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1997 Minnesota Session Laws

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                            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.

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