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Key: (1) language to be deleted (2) new language

                             CHAPTER 221-S.F.No. 58 
                  An act relating to human services; changing 
                  terminology in statute of references to mentally ill 
                  person; amending Minnesota Statutes 2000, sections 
                  13.89, subdivision 2; 148.263, subdivision 5; 148B.07, 
                  subdivision 6; 148B.283, subdivision 7; 148C.09, 
                  subdivision 1; 149A.61, subdivision 5; 153.19, 
                  subdivision 1; 153.24, subdivision 5; 156.081, 
                  subdivision 2; 156.122; 245.462, subdivision 20; 
                  253.015, subdivision 2; 253.21; 253B.02, subdivisions 
                  17, 18, 19; 253B.06, subdivision 1; 253B.12, 
                  subdivision 1; 253B.141, subdivision 2; 253B.15, 
                  subdivision 1; 253B.16, subdivision 1; 253B.17, 
                  subdivision 1; 253B.18, subdivisions 1, 2, 3, 4a, 4b, 
                  6, 7, 15; 253B.185, subdivision 1; 253B.19, 
                  subdivision 2; 253B.212, subdivision 2; 256E.03, 
                  subdivision 2; 299F.77; 376.01; 376.02; 462A.02, 
                  subdivision 9; 462A.03, subdivision 19; 609.06, 
                  subdivision 1; 609.668, subdivision 2; 624.713, 
                  subdivision 1; 631.50; Minnesota Statutes 2001 
                  Supplement, sections 241.69, subdivisions 2, 3, 4, 5; 
                  253B.02, subdivision 13; 253B.09, subdivision 1. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, section 13.89, 
        subdivision 2, is amended to read: 
           Subd. 2.  [MENTAL ILLNESS OR EMOTIONAL IMPAIRMENT.] Data on 
        an individual who has significant mental illness or emotional 
        impairment and who is an inpatient or resident in a facility 
        rendering care or treatment may be disseminated to the 
        protection and advocacy system established in this state 
        pursuant to Public Law Number 99-319 to protect the rights of 
        persons who are mentally ill individuals if: 
           (1) the protection and advocacy system receives a complaint 
        by or on behalf of the person or there is probable cause to 
        believe that the person has been subjected to abuse or neglect, 
        as defined in Public Law Number 99-319; 
           (2) the person is by reason of a mental or physical 
        condition unable to authorize the system to have access to data; 
        and 
           (3) the person does not have a legal guardian or the state 
        is the legal guardian of the person. 
           Sec. 2.  Minnesota Statutes 2000, section 148.263, 
        subdivision 5, is amended to read: 
           Subd. 5.  [COURTS.] The court administrator of district 
        court or another court of competent jurisdiction shall report to 
        the board any judgment or other determination of the court that 
        adjudges or includes a finding that a nurse is a person who is 
        mentally ill, mentally incompetent, chemically dependent, a 
        person dangerous to the public, guilty of a felony or gross 
        misdemeanor, guilty of a violation of federal or state narcotics 
        laws or controlled substances act, guilty of operating a motor 
        vehicle while under the influence of alcohol or a controlled 
        substance, or guilty of an abuse or fraud under Medicare or 
        Medicaid, appoints a guardian of the nurse under sections 525.54 
        to 525.61, or commits a nurse under chapter 253B. 
           Sec. 3.  Minnesota Statutes 2000, section 148B.07, 
        subdivision 6, is amended to read: 
           Subd. 6.  [COURTS.] The court administrator of district 
        court or any other court of competent jurisdiction shall report 
        to the board any judgment or other determination of the court 
        that adjudges or includes a finding that a licensee is a person 
        who is mentally ill, mentally incompetent, guilty of a felony, 
        guilty of a violation of federal or state narcotics laws or 
        controlled substances act, or guilty of an abuse or fraud under 
        Medicare or Medicaid; or that appoints a guardian of the 
        licensee pursuant to sections 525.54 to 525.61 or commits a 
        licensee pursuant to chapter 253B.  
           Sec. 4.  Minnesota Statutes 2000, section 148B.283, 
        subdivision 7, is amended to read: 
           Subd. 7.  [COURTS.] The court administrator of district 
        court or any other court of competent jurisdiction shall report 
        to the board any judgment or other determination of the court 
        that adjudges or includes a finding that an applicant or a 
        licensee is a person who is mentally ill, mentally incompetent, 
        guilty of a felony, guilty of a violation of federal or state 
        narcotics laws or controlled substances act, or guilty of an 
        abuse or fraud under Medicare or Medicaid; or that appoints a 
        guardian of the applicant or licensee pursuant to sections 
        525.54 to 525.61 or commits an applicant or a licensee pursuant 
        to chapter 253B.  
           Sec. 5.  Minnesota Statutes 2000, section 148C.09, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [GROUNDS.] The commissioner may refuse to 
        grant a license to, or may suspend, revoke, or restrict the 
        license of an individual if the commissioner determines that a 
        licensee or applicant:  
           (1) is incompetent to engage in alcohol and drug counseling 
        practice or is found to be engaged in alcohol and drug 
        counseling practice in a manner harmful or dangerous to a client 
        or the public; 
           (2) has violated the rules of the commissioner or the 
        statutes the commissioner is empowered to enforce; or any law, 
        rule order, stipulation and consent order, agreement, or 
        settlement; 
           (3) has obtained or attempted to obtain a license or 
        license renewal by bribery or fraudulent misrepresentation; 
           (4) has knowingly made a false statement on the form 
        required to be submitted to the commissioner for licensing or 
        license renewal; 
           (5) has failed to obtain continuing education credits 
        required by the commissioner; 
           (6) has failed to demonstrate the qualifications or satisfy 
        the requirements for a license contained in this chapter or 
        rules of the commissioner.  The burden of proof shall be upon 
        the applicant to demonstrate qualifications or satisfaction of 
        requirements; 
           (7) has been convicted of a crime, including a finding or 
        verdict of guilt, an admission of guilt, or a no contest plea, 
        in any court in Minnesota or any other jurisdiction in the 
        United States, reasonably related to the provision of alcohol 
        and drug counseling services.  Conviction, as used in this 
        subdivision, includes conviction of an offense which, if 
        committed in this state, would be deemed a felony or gross 
        misdemeanor without regard to its designation elsewhere, or a 
        criminal proceeding where a finding or verdict of guilty is made 
        or returned but the adjudication of guilt is either withheld or 
        not entered; 
           (8) has been convicted of a crime against another person.  
        For purposes of this chapter, a crime against another person 
        means an offense listed in section 148B.68, subdivision 1, 
        paragraph (b); 
           (9) has failed to comply with the self-reporting 
        requirements of section 148C.095, subdivision 7; 
           (10) has engaged in sexual contact with a client, or a 
        former client, as defined in section 148A.01, or has engaged in 
        conduct that may be reasonably interpreted by a client as 
        sexual, or has engaged in any verbal behavior that is seductive 
        or sexually demeaning to the client, or has engaged in sexual 
        exploitation of a client or former client; 
           (11) has engaged in false, fraudulent, deceptive, or 
        misleading advertising; 
           (12) has engaged in conduct likely to deceive, defraud, or 
        harm the public; or has demonstrated a willful or careless 
        disregard for the health, welfare, or safety of a client; or any 
        other practice that may create unnecessary danger to any 
        client's life, health, or safety, in any of which cases, proof 
        of actual injury need not be established; 
           (13) has been adjudicated as mentally incompetent, or as a 
        person who has a psychopathic personality, or who is dangerous 
        to self, or has been adjudicated as a person who is chemically 
        dependent, mentally ill, mentally retarded, or mentally ill and 
        dangerous to the public pursuant to chapter 253B; 
           (14) is unable to provide alcohol and drug counseling 
        services with reasonable safety to clients; 
           (15) has habitually overindulged in the use of or the 
        dependence on alcohol within the past two years; 
           (16) has engaged in the improper or unauthorized personal 
        or other use of any legend drugs as defined in section 151.01, 
        any chemicals as defined in section 151.01, or any controlled 
        substance as defined in section 152.01 within the past two 
        years; 
           (17) reveals a communication from, or relating to, a client 
        except when required or permitted by law; 
           (18) fails to comply with a client's request for health 
        records made under section 144.335, or to furnish a client 
        record or report required by law; 
           (19) has engaged in fee splitting or promises to pay a 
        portion of a fee to any other professional other than for 
        services rendered by the other professional to the client; 
           (20) has engaged in abusive or fraudulent billing 
        practices, including violations of the federal Medicare and 
        Medicaid laws or state medical assistance laws; 
           (21) fails to make reports as required by section 148C.095, 
        or cooperate with an investigation of the commissioner; 
           (22) obtains money, property, or services from a client, 
        other than reasonable fees for services provided to the client, 
        through the use of undue influence, harassment, duress, 
        deception, or fraud; 
           (23) undertakes or continues a professional relationship 
        with a client in which the objectivity of the alcohol and drug 
        counselor may be impaired; 
           (24) engages in conduct that constitutes grounds for 
        discipline as established by the commissioner in rule; or 
           (25) engages in bartering for services with a client. 
           Sec. 6.  Minnesota Statutes 2000, section 149A.61, 
        subdivision 5, is amended to read: 
           Subd. 5.  [COURTS.] The court administrator of district 
        court or any court of competent jurisdiction shall report to the 
        commissioner any judgment or other determination of the court 
        that adjudges or includes a finding that a licensee or intern is 
        a person who is mentally ill, mentally incompetent, guilty of a 
        felony or gross misdemeanor, guilty of violations of federal or 
        state narcotics laws or controlled substances acts; appoints a 
        guardian or conservator for the licensee or intern; or commits a 
        licensee or intern. 
           Sec. 7.  Minnesota Statutes 2000, section 153.19, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [GROUNDS LISTED.] The board may refuse to 
        grant a license or may impose disciplinary action as described 
        in this section against any doctor of podiatric medicine.  The 
        following conduct is prohibited and is grounds for disciplinary 
        action: 
           (1) failure to demonstrate the qualifications or satisfy 
        the requirements for a license contained in this chapter or 
        rules of the board; the burden of proof shall be upon the 
        applicant to demonstrate the qualifications or satisfaction of 
        the requirements; 
           (2) obtaining a license by fraud or cheating or attempting 
        to subvert the licensing examination process; 
           (3) conviction, during the previous five years, of a felony 
        reasonably related to the practice of podiatric medicine; 
           (4) revocation, suspension, restriction, limitation, or 
        other disciplinary action against the person's podiatric medical 
        license in another state or jurisdiction, failure to report to 
        the board that charges regarding the person's license have been 
        brought in another state or jurisdiction, or having been refused 
        a license by any other state or jurisdiction; 
           (5) advertising that is false or misleading; 
           (6) violating a rule adopted by the board or an order of 
        the board, a state, or federal law that relates to the practice 
        of podiatric medicine, or in part regulates the practice of 
        podiatric medicine, or a state or federal narcotics or 
        controlled substance law; 
           (7) engaging in any unethical conduct; conduct likely to 
        deceive, defraud, or harm the public, or demonstrating a willful 
        or careless disregard for the health, welfare, or safety of a 
        patient; or podiatric medical practice that is professionally 
        incompetent, in that it may create unnecessary danger to any 
        patient's life, health, or safety, in any of which cases, proof 
        of actual injury need not be established; 
           (8) failure to supervise a preceptor or resident; 
           (9) aiding or abetting an unlicensed person in the practice 
        of podiatric medicine, except that it is not a violation of this 
        clause for a podiatrist to employ, supervise, or delegate 
        functions to a qualified person who may or may not be required 
        to obtain a license or registration to provide health services 
        if that person is practicing within the scope of that person's 
        license or registration or delegated authority; 
           (10) adjudication as mentally incompetent, or a person who 
        is mentally ill, or as a chemically dependent person, a person 
        dangerous to the public, a sexually dangerous person, or a 
        person who has a sexual psychopathic personality by a court of 
        competent jurisdiction, within or without this state; 
           (11) engaging in unprofessional conduct that includes any 
        departure from or the failure to conform to the minimal 
        standards of acceptable and prevailing podiatric medical 
        practice, but actual injury to a patient need not be 
        established; 
           (12) inability to practice podiatric medicine with 
        reasonable skill and safety to patients by reason of illness or 
        chemical dependency or as a result of any mental or physical 
        condition, including deterioration through the aging process or 
        loss of motor skills; 
           (13) revealing a privileged communication from or relating 
        to a patient except when otherwise required or permitted by law; 
           (14) improper management of medical records, including 
        failure to maintain adequate medical records, to comply with a 
        patient's request made under section 144.335 or to furnish a 
        medical record or report required by law; 
           (15) accepting, paying, or promising to pay a part of a fee 
        in exchange for patient referrals; 
           (16) engaging in abusive or fraudulent billing practices, 
        including violations of the federal Medicare and Medicaid laws 
        or state medical assistance laws; 
           (17) becoming addicted or habituated to a drug or 
        intoxicant; 
           (18) prescribing a drug for other than medically accepted 
        therapeutic or experimental or investigative purposes authorized 
        by a state or federal agency; 
           (19) engaging in sexual conduct with a patient or conduct 
        that may reasonably be interpreted by the patient as sexual, or 
        in verbal behavior which is seductive or sexually demeaning to a 
        patient; 
           (20) failure to make reports as required by section 153.24 
        or to cooperate with an investigation of the board as required 
        by section 153.20; 
           (21) knowingly providing false or misleading information 
        that is directly related to the care of that patient unless done 
        for an accepted therapeutic purpose such as the administration 
        of a placebo. 
           Sec. 8.  Minnesota Statutes 2000, section 153.24, 
        subdivision 5, is amended to read: 
           Subd. 5.  [COURTS.] The court administrators of the 
        district courts or any other court of competent jurisdiction 
        shall report to the board any judgment or other determination of 
        the court that adjudges or includes a finding that a podiatrist 
        is a person who is mentally ill, mentally incompetent, guilty of 
        a felony, or guilty of a violation of federal or state narcotics 
        laws or controlled substances act, guilty of an abuse or fraud 
        under Medicare or Medicaid, appoints a guardian of the 
        podiatrist under sections 525.54 to 525.61 or commits a 
        podiatrist under chapter 253B.  
           Sec. 9.  Minnesota Statutes 2000, section 156.081, 
        subdivision 2, is amended to read: 
           Subd. 2.  [CAUSES.] The board may revoke, suspend, or 
        impose limitations upon a license for any of the following 
        causes: 
           (1) the employment of fraud, misrepresentation or deception 
        in obtaining such license; 
           (2) being convicted of a felony or gross misdemeanor, 
        including a finding or verdict of guilt, whether or not the 
        adjudication of guilt is withheld or not entered, an admission 
        of guilt, or a no contest plea, as evidenced by a certified copy 
        of the conviction; 
           (3) being unable to practice with reasonable skill and 
        safety by reason of illness, use of alcohol, drugs, chemicals, 
        or any other materials, or as a result of any mental or physical 
        condition; 
           (4) existence of a professional connection with or the 
        lending of one's name to any illegal practitioner of veterinary 
        medicine; 
           (5) having been the subject of revocation, suspension, or 
        surrender of a veterinary license in resolution of a complaint 
        or other adverse action related to licensure in another 
        jurisdiction or country; 
           (6) violating a state or federal narcotics or controlled 
        substance law irrespective of any proceedings under section 
        152.18 or federal law; 
           (7) fraudulently conducting or reporting results of 
        physical examinations or biological tests used to detect and 
        prevent the dissemination of animal diseases, transportation of 
        diseased animals, or distribution of contaminated, infected, or 
        inedible animal products, or failing to report, as required by 
        law, any contagious or infectious disease; 
           (8) engaging in false, fraudulent, deceptive, or misleading 
        advertising; 
           (9) conviction on a charge of cruelty to animals; 
           (10) failure, after written notification by the board, to 
        keep one's premises and all equipment therein in a clean and 
        sanitary condition, according to reasonable standards adopted by 
        the board; 
           (11) fraud, deception, or incompetence in the practice of 
        veterinary medicine, including any departure from or failure to 
        conform to the minimum standards of acceptable and prevailing 
        practice without actual injury having to be established; 
           (12) engaging in unprofessional conduct as defined in rules 
        adopted by the board or engaging in conduct which violates any 
        statute or rule promulgated by the board or any board order; 
           (13) being adjudicated by a court of competent 
        jurisdiction, within or without this state, as a person who is 
        incapacitated, mentally incompetent or mentally ill, chemically 
        dependent, mentally ill and dangerous to the public, or a 
        psychopathic personality; 
           (14) revealing a privileged communication from or relating 
        to a client except when otherwise required or permitted by law; 
           (15) obtaining money, property, or services from a client 
        through the use of undue influence, harassment, duress, 
        deception, or fraud or through the improper use of the regulated 
        individual's position as a professional; 
           (16) practicing outside the scope of practice authorized by 
        the board's practice act; or 
           (17) making a false statement or misrepresentation to the 
        board. 
           Sec. 10.  Minnesota Statutes 2000, section 156.122, is 
        amended to read: 
           156.122 [COURTS TO REPORT.] 
           The court administrator shall report to the board a 
        judgment or finding by a court that a person regulated by the 
        board: 
           (1) is a person who is mentally ill, chemically dependent, 
        mentally ill and dangerous to the public, or is a sexual 
        psychopathic personality or sexually dangerous person under 
        chapter 253B or other applicable law; 
           (2) is guilty of a felony or gross misdemeanor; violation 
        of a law involving the use, possession, or sale of a controlled 
        substance; or operating a motor vehicle under the influence of 
        alcohol or a controlled substance; or 
           (3) is in need of a guardian of the person under sections 
        525.54 to 525.61. 
           Sec. 11.  Minnesota Statutes 2001 Supplement, section 
        241.69, subdivision 2, is amended to read: 
           Subd. 2.  [EXAMINATION.] When any person confined in an 
        adult correctional institution under the control of the 
        commissioner of corrections is alleged to be a person who is 
        mentally ill person, the director of psychological services, or 
        warden or other person in charge of the institution shall cause 
        the person to be examined by a licensed physician especially 
        qualified in the diagnosis of mental illness, or, if none is 
        available, by any licensed physician or licensed mental health 
        professional available to the institution. 
           Sec. 12.  Minnesota Statutes 2001 Supplement, section 
        241.69, subdivision 3, is amended to read: 
           Subd. 3.  [TRANSFER.] If the licensed mental health 
        professional finds the person to be a person who is mentally ill 
        and in need of short-term care, the examining health care 
        professional may recommend transfer by the commissioner of 
        corrections to the mental health unit established pursuant to 
        subdivision 1. 
           Sec. 13.  Minnesota Statutes 2001 Supplement, section 
        241.69, subdivision 4, is amended to read: 
           Subd. 4.  [COMMITMENT.] If the examining health care 
        professional or licensed mental health professional finds the 
        person to be a person who is mentally ill and in need of long 
        term long-term care in a hospital, or if an inmate transferred 
        pursuant to subdivision 3 refuses to voluntarily participate in 
        the treatment program at the mental health unit, the director of 
        psychological services of the institution or the mental health 
        professional shall initiate proceedings for judicial commitment 
        as provided in section 253B.07.  Upon the recommendation of the 
        licensed mental health professional and upon completion of the 
        hearing and consideration of the record, the court may commit 
        the person to the mental health unit established in subdivision 
        1 or to another hospital.  A person confined in a state 
        correctional institution for adults who has been adjudicated to 
        be a person who is mentally ill and in need of treatment may be 
        committed to the commissioner of corrections and placed in the 
        mental health unit established in subdivision 1.  
           Sec. 14.  Minnesota Statutes 2001 Supplement, section 
        241.69, subdivision 5, is amended to read: 
           Subd. 5.  [DISCHARGE.] The director of psychological 
        services of the mental health unit established under this 
        section may, subject to the provisions of chapter 253B, 
        provisionally discharge any inmate patient admitted as a person 
        who is mentally ill without discharging the commitment and order 
        the inmate patient's release into the general population of the 
        institution from which admitted, subject to return to the 
        facility for further treatment. 
           When the director of psychological services of the facility 
        certifies that a patient is no longer in need of institutional 
        care for mental illness the director of psychological services 
        shall discharge the patient to the institution from which 
        committed, and the discharge shall also discharge the mental 
        illness commitment. 
           A copy of the certification that the inmate is no longer in 
        need of care for mental illness shall be transmitted to the 
        commissioner of corrections.  The commissioner of corrections 
        shall give serious consideration to the aforementioned 
        certification for purposes of their supervision over the inmate 
        upon the inmate's release. 
           Sec. 15.  Minnesota Statutes 2000, section 245.462, 
        subdivision 20, is amended to read: 
           Subd. 20.  [MENTAL ILLNESS.] (a) "Mental illness" means an 
        organic disorder of the brain or a clinically significant 
        disorder of thought, mood, perception, orientation, memory, or 
        behavior that is listed in the clinical manual of the 
        International Classification of Diseases (ICD-9-CM), current 
        edition, code range 290.0 to 302.99 or 306.0 to 316.0 or the 
        corresponding code in the American Psychiatric Association's 
        Diagnostic and Statistical Manual of Mental Disorders (DSM-MD), 
        current edition, Axes I, II, or III, and that seriously limits a 
        person's capacity to function in primary aspects of daily living 
        such as personal relations, living arrangements, work, and 
        recreation.  
           (b) An "adult with acute mental illness" means an adult who 
        has a mental illness that is serious enough to require prompt 
        intervention.  
           (c) For purposes of case management and community support 
        services, a "person with serious and persistent mental illness" 
        means an adult who has a mental illness and meets at least one 
        of the following criteria: 
           (1) the adult has undergone two or more episodes of 
        inpatient care for a mental illness within the preceding 24 
        months; 
           (2) the adult has experienced a continuous psychiatric 
        hospitalization or residential treatment exceeding six months' 
        duration within the preceding 12 months; 
           (3) the adult: 
           (i) has a diagnosis of schizophrenia, bipolar disorder, 
        major depression, or borderline personality disorder; 
           (ii) indicates a significant impairment in functioning; and 
           (iii) has a written opinion from a mental health 
        professional, in the last three years, stating that the adult is 
        reasonably likely to have future episodes requiring inpatient or 
        residential treatment, of a frequency described in clause (1) or 
        (2), unless ongoing case management or community support 
        services are provided; 
           (4) the adult has, in the last three years, been committed 
        by a court as a person who is mentally ill person under chapter 
        253B, or the adult's commitment has been stayed or continued; or 
           (5) the adult (i) was eligible under clauses (1) to (4), 
        but the specified time period has expired or the adult was 
        eligible as a child under section 245.4871, subdivision 6; and 
        (ii) has a written opinion from a mental health professional, in 
        the last three years, stating that the adult is reasonably 
        likely to have future episodes requiring inpatient or 
        residential treatment, of a frequency described in clause (1) or 
        (2), unless ongoing case management or community support 
        services are provided. 
           Sec. 16.  Minnesota Statutes 2000, section 253.015, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PLAN FOR NEEDED REGIONAL TREATMENT CENTER 
        SERVICES.] (a) By January 30, 1990, the commissioner shall 
        develop and submit to the legislature a plan to implement a 
        program for persons in southeastern Minnesota who are mentally 
        ill. 
           (b) By January 1, 1990, the commissioner shall develop a 
        plan to establish a comprehensive brain injury treatment program 
        at the Faribault regional center site to meet the needs of 
        people with brain injuries in Minnesota.  The program shall 
        provide postacute, community integration and family support 
        services for people with brain injuries which have resulted in 
        behavior, cognitive, emotional, communicative and mobility 
        impairments or deficits.  The plan shall include development of 
        a brain injury residential unit, a functional evaluation 
        outpatient clinic and an adaptive equipment center within the 
        outpatient clinic.  Health care services already available at 
        the regional center or from the Faribault community must be 
        utilized, and the plan shall include provisions and cost 
        estimates for capital improvements, staff retraining, and 
        program start-up costs. 
           (c) By January 1, 1990, the commissioner shall develop a 
        plan to establish 35 auxiliary beds at Brainerd regional 
        treatment center for the Minnesota security hospital.  The 
        commissioner shall develop secure beds for mentally ill persons 
        who are mentally ill as authorized in the worksheets of the 
        house appropriations and senate finance committees.  The 
        commissioner shall finance the purchase or construction of these 
        beds with the Minnesota housing finance agency.  The 
        commissioner shall make payments through the department of 
        administration to the Minnesota housing finance agency in 
        repayment of mortgage loans granted for the purposes of this 
        section. 
           Sec. 17.  Minnesota Statutes 2000, section 253.21, is 
        amended to read: 
           253.21 [COMMITMENT; PROCEEDINGS; RESTORATION OF MENTAL 
        HEALTH.] 
           When any person confined in the Minnesota correctional 
        facility-Stillwater or the Minnesota correctional facility-St. 
        Cloud is alleged to be mentally ill, the chief executive officer 
        or other person in charge shall forthwith notify the 
        commissioner of human services, who shall cause the prisoner to 
        be examined by the court exercising probate jurisdiction of the 
        county where the prisoner is confined, as in the case of other 
        mentally ill persons who are mentally ill.  In case the prisoner 
        is found to be mentally ill, the prisoner shall be transferred 
        by the order of the court to the Minnesota Security Hospital or 
        to a state hospital for people who are mentally ill people in 
        the discretion of the court, there to be kept and maintained as 
        in the case of other mentally ill persons who are mentally ill.  
        If, in the judgment of the chief executive officer, the 
        prisoner's mental health is restored before the period of 
        commitment to the penal institution has expired, the prisoner 
        shall be removed by the commissioner, upon the certificate of 
        the chief executive officer, to the institution whence the 
        prisoner came to complete the sentence.  
           Sec. 18.  Minnesota Statutes 2001 Supplement, section 
        253B.02, subdivision 13, is amended to read: 
           Subd. 13.  [PERSON WHO IS MENTALLY ILL PERSON.] 
        (a) A "person who is 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 is 
        manifested by instances of grossly disturbed behavior or faulty 
        perceptions and poses a substantial likelihood of physical harm 
        to self or others as demonstrated by: 
           (1) a failure to obtain necessary food, clothing, shelter, 
        or medical care as a result of the impairment; 
           (2) an inability for reasons other than indigence to obtain 
        necessary food, clothing, shelter, or medical care as a result 
        of the impairment and it is more probable than not that the 
        person will suffer substantial harm, significant psychiatric 
        deterioration or debilitation, or serious illness, unless 
        appropriate treatment and services are provided; 
           (3) a recent attempt or threat to physically harm self or 
        others; or 
           (4) recent and volitional conduct involving significant 
        damage to substantial property. 
           (b) A person is not mentally ill under this section if the 
        impairment is solely due to: 
           (1) epilepsy; 
           (2) mental retardation; 
           (3) brief periods of intoxication caused by alcohol, drugs, 
        or other mind-altering substances; or 
           (4) dependence upon or addiction to any alcohol, drugs, or 
        other mind-altering substances. 
           Sec. 19.  Minnesota Statutes 2000, section 253B.02, 
        subdivision 17, is amended to read: 
           Subd. 17.  [PERSON WHO IS MENTALLY ILL AND DANGEROUS TO THE 
        PUBLIC.] A "person who is mentally ill and dangerous to the 
        public" is a person (a) who is mentally ill; and (b) who as a 
        result of that mental illness presents a clear danger to the 
        safety of others as demonstrated by the facts that (i) the 
        person has engaged in an overt act causing or attempting to 
        cause serious physical harm to another and (ii) there is a 
        substantial likelihood that the person will engage in acts 
        capable of inflicting serious physical harm on another.  A 
        person committed as a sexual psychopathic personality or 
        sexually dangerous person as defined in subdivisions 18a and 18b 
        is subject to the provisions of this chapter that apply to 
        persons who are mentally ill and dangerous to the public. 
           Sec. 20.  Minnesota Statutes 2000, section 253B.02, 
        subdivision 18, is amended to read: 
           Subd. 18.  [REGIONAL TREATMENT CENTER.] "Regional treatment 
        center" means any state-operated facility for persons who are 
        mentally ill, mentally retarded, or chemically dependent persons 
        which is under the direct administrative authority of the 
        commissioner.  
           Sec. 21.  Minnesota Statutes 2000, section 253B.02, 
        subdivision 19, is amended to read: 
           Subd. 19.  [TREATMENT FACILITY.] "Treatment facility" means 
        a hospital, community mental health center, or other treatment 
        provider qualified to provide care and treatment for persons who 
        are mentally ill, mentally retarded, or chemically 
        dependent persons. 
           Sec. 22.  Minnesota Statutes 2000, section 253B.06, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [PERSONS WHO ARE MENTALLY ILL AND MENTALLY 
        RETARDED PERSONS.] 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 admission.  The physician shall be knowledgeable 
        and trained in the diagnosis of the alleged disability related 
        to the need for admission as a person who is mentally ill or 
        mentally retarded person.  
           Sec. 23.  Minnesota Statutes 2001 Supplement, section 
        253B.09, subdivision 1, is amended to read: 
           Subdivision 1.  [STANDARD OF PROOF.] (a) If the court finds 
        by clear and convincing evidence that the proposed patient is 
        a person who is mentally ill, mentally retarded, or chemically 
        dependent person and after careful consideration of reasonable 
        alternative dispositions, including but not limited to, 
        dismissal of petition, voluntary outpatient care, voluntary 
        admission to a treatment facility, appointment of a guardian or 
        conservator, or release before commitment as provided for in 
        subdivision 4, it finds that there is no suitable alternative to 
        judicial commitment, the court shall commit the patient to the 
        least restrictive treatment program or alternative programs 
        which can meet the patient's treatment needs consistent with 
        section 253B.03, subdivision 7.  
           (b) In deciding on the least restrictive program, the court 
        shall consider a range of treatment alternatives including, but 
        not limited to, community-based nonresidential treatment, 
        community residential treatment, partial hospitalization, acute 
        care hospital, and regional treatment center services.  The 
        court shall also consider the proposed patient's treatment 
        preferences and willingness to participate voluntarily in the 
        treatment ordered.  The court may not commit a patient to a 
        facility or program that is not capable of meeting the patient's 
        needs.  
           (c) If the court finds a proposed patient to be a person 
        who is mentally ill person under section 253B.02, subdivision 
        13, paragraph (a), clause (2) or (4), the court shall commit to 
        a community-based program that meets the proposed patient's 
        needs. 
           Sec. 24.  Minnesota Statutes 2000, section 253B.12, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [REPORTS.] (a) If a patient who was 
        committed as a person who is mentally ill, mentally retarded, or 
        chemically dependent is discharged from commitment within the 
        first 60 days after the date of the initial commitment order, 
        the head of the treatment facility shall file a written report 
        with the committing court describing the patient's need for 
        further treatment.  A copy of the report must be provided to the 
        county attorney, the patient, and the patient's counsel. 
           (b) If a patient who was committed as a person who is 
        mentally ill, mentally retarded, or chemically dependent remains 
        in treatment more than 60 days after the date of the commitment, 
        then at least 60 days, but not more than 90 days, after the date 
        of the order, the head of the facility that has custody of the 
        patient shall file a written report with the committing court 
        and provide a copy to the county attorney, the patient, and the 
        patient's counsel.  The report must set forth in detailed 
        narrative form at least the following: 
           (1) the diagnosis of the patient with the supporting data; 
           (2) the anticipated discharge date; 
           (3) an individualized treatment plan; 
           (4) a detailed description of the discharge planning 
        process with suggested after care plan; 
           (5) whether the patient is in need of further care and 
        treatment, the treatment facility which is needed, and evidence 
        to support the response; 
           (6) whether the patient satisfies the statutory requirement 
        for continued commitment to a treatment facility, with 
        documentation to support the opinion; and 
           (7) whether the administration of neuroleptic medication is 
        clinically indicated, whether the patient is able to give 
        informed consent to that medication, and the basis for these 
        opinions. 
           (c) Prior to the termination of the initial commitment 
        order or final discharge of the patient, the head of the 
        treatment facility that has custody or care of the patient shall 
        file a written report with the committing court with a copy to 
        the county attorney, the patient, and the patient's counsel that 
        sets forth the information required in paragraph (b).  
           (d) If the patient has been provisionally discharged from a 
        treatment facility, the report shall be filed by the designated 
        agency, which may submit the discharge report as part of its 
        report. 
           (e) If no written report is filed within the required time, 
        or if a report describes the patient as not in need of further 
        institutional care and treatment, the proceedings must be 
        terminated by the committing court and the patient discharged 
        from the treatment facility. 
           Sec. 25.  Minnesota Statutes 2000, section 253B.141, 
        subdivision 2, is amended to read: 
           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 person who is 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.  
           Sec. 26.  Minnesota Statutes 2000, 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 a person who is mentally ill and 
        dangerous to the public. 
           Each patient released on provisional discharge shall have 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. 27.  Minnesota Statutes 2000, section 253B.16, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DATE.] The head of a treatment facility 
        shall discharge any patient admitted as a person who is mentally 
        ill, 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 the head of the facility 
        certifies that the person is no longer in need of 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. 28.  Minnesota Statutes 2000, section 253B.17, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [PETITION.] Any patient, except one 
        committed as a person who is mentally ill and dangerous to the 
        public or as a sexually dangerous person or person with a sexual 
        psychopathic personality as provided in section 253B.18, 
        subdivision 3, or any interested person may petition the 
        committing court or the court to which venue has been 
        transferred for an order that the patient is not in need of 
        continued care and treatment or for an order that an individual 
        is no longer a person who is mentally ill, mentally retarded, or 
        chemically dependent, or for any other relief.  A patient 
        committed as a person who is 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. 29.  Minnesota Statutes 2000, section 253B.18, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [PROCEDURE.] (a) Upon the filing of a 
        petition alleging that a proposed patient is a person who 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 a person who is mentally ill and dangerous 
        to the public, it shall commit the person to a secure treatment 
        facility or to a treatment facility willing to accept the 
        patient under commitment.  The court shall commit the patient to 
        a secure treatment facility unless the patient establishes by 
        clear and convincing evidence that a less restrictive treatment 
        program is available that is consistent with the patient's 
        treatment needs and the requirements of public safety.  In any 
        case where the petition was filed immediately following the 
        acquittal of the proposed patient for a crime against the person 
        pursuant to a verdict of not guilty by reason of mental illness, 
        the verdict constitutes evidence that the proposed patient is a 
        person who is mentally ill and dangerous within the meaning of 
        this section.  The proposed patient has the burden of going 
        forward in the presentation of evidence.  The standard of proof 
        remains as required by this chapter.  Upon commitment, admission 
        procedures shall be carried out pursuant to section 253B.10.  
           (b) Once a patient is admitted to a treatment facility 
        pursuant to a commitment under this subdivision, treatment must 
        begin regardless of whether a review hearing will be held under 
        subdivision 2. 
           Sec. 30.  Minnesota Statutes 2000, section 253B.18, 
        subdivision 2, is amended to read: 
           Subd. 2.  [REVIEW; HEARING.] (a) A written treatment report 
        shall be filed by the treatment facility with the committing 
        court within 60 days after commitment.  If the person is in the 
        custody of the commissioner of corrections when the initial 
        commitment is ordered under subdivision 1, the written treatment 
        report must be filed within 60 days after the person is admitted 
        to a secure treatment facility.  The court shall hold a hearing 
        to make a final determination as to whether the person should 
        remain committed as a person who is mentally ill and dangerous 
        to the public.  The hearing shall be held within the earlier of 
        14 days of the court's receipt of the written treatment report, 
        or within 90 days of the date of initial commitment or 
        admission, unless otherwise agreed by the parties. 
           (b) The court may, with agreement of the county attorney 
        and attorney for the patient: 
           (1) waive the review hearing under this subdivision and 
        immediately order an indeterminate commitment under subdivision 
        3; or 
           (2) continue the review hearing for up to one year. 
           (c) If the court finds that the patient should be committed 
        as a person who is mentally ill, but not as a person who is 
        mentally ill and dangerous to the public, the court may commit 
        the person as a person who is 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 4a to 15.  Failure of 
        the treatment facility to provide the required report at the end 
        of the 60-day period shall not result in automatic discharge of 
        the patient. 
           Sec. 31.  Minnesota Statutes 2000, 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 a person who is mentally ill 
        and dangerous, then the court shall order commitment of the 
        proposed patient for an indeterminate period of time.  After a 
        final determination that a patient is a person who is mentally 
        ill and dangerous to the public, the patient shall be 
        transferred, provisionally discharged or discharged, only as 
        provided in this section.  
           Sec. 32.  Minnesota Statutes 2000, section 253B.18, 
        subdivision 4a, is amended to read: 
           Subd. 4a.  [RELEASE ON PASS; NOTIFICATION.] A patient who 
        has been committed as a person who is mentally ill and dangerous 
        and who is confined at a secure treatment facility shall not be 
        released on a pass unless the pass is part of a pass plan that 
        has been approved by the medical director of the secure 
        treatment facility.  The pass plan must have a specific 
        therapeutic purpose consistent with the treatment plan, must be 
        established for a specific period of time, and must have 
        specific levels of liberty delineated.  The county case manager 
        must be invited to participate in the development of the pass 
        plan.  At least ten days prior to a determination on the plan, 
        the medical director shall notify the designated agency, the 
        committing court, the county attorney of the county of 
        commitment, an interested person, the local law enforcement 
        agency in the location where the pass is to occur, the 
        petitioner, and the petitioner's counsel of the plan, the nature 
        of the passes proposed, and their right to object to the plan.  
        If any notified person objects prior to the proposed date of 
        implementation, the person shall have an opportunity to appear, 
        personally or in writing, before the medical director, within 
        ten days of the objection, to present grounds for opposing the 
        plan.  The pass plan shall not be implemented until the 
        objecting person has been furnished that opportunity.  Nothing 
        in this subdivision shall be construed to give a patient an 
        affirmative right to a pass plan. 
           Sec. 33.  Minnesota Statutes 2000, section 253B.18, 
        subdivision 4b, is amended to read: 
           Subd. 4b.  [PASS-ELIGIBLE STATUS; NOTIFICATION.] The 
        following patients committed to a secure treatment facility 
        shall not be placed on pass-eligible status unless that status 
        has been approved by the medical director of the secure 
        treatment facility:  
           (a) a patient who has been committed as a person who is 
        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 a person who is 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, 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. 34.  Minnesota Statutes 2000, section 253B.18, 
        subdivision 6, is amended to read: 
           Subd. 6.  [TRANSFER.] A patient who is mentally ill and 
        dangerous patients shall not be transferred out of 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 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. 35.  Minnesota Statutes 2000, section 253B.18, 
        subdivision 7, is amended to read: 
           Subd. 7.  [PROVISIONAL DISCHARGE.] A patient who is 
        mentally ill and dangerous 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 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. 36.  Minnesota Statutes 2000, section 253B.18, 
        subdivision 15, is amended to read: 
           Subd. 15.  [DISCHARGE.] A patient who is mentally ill and 
        dangerous 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. 37.  Minnesota Statutes 2000, section 253B.185, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [GENERAL.] Except as otherwise provided in 
        this section, the provisions of this chapter pertaining to 
        persons who are mentally ill and dangerous to the public apply 
        with like force and effect to persons who are alleged or found 
        to be sexually dangerous persons or persons with a sexual 
        psychopathic personality.  Before commitment proceedings are 
        instituted, the facts shall first be submitted to the county 
        attorney, who, if satisfied that good cause exists, will prepare 
        the petition.  The county attorney may request a prepetition 
        screening report.  The petition is to be executed by a person 
        having knowledge of the facts and filed with the committing 
        court of the county in which the patient has a settlement or is 
        present.  If the patient is in the custody of the commissioner 
        of corrections, the petition may be filed in the county where 
        the conviction for which the person is incarcerated was 
        entered.  Upon the filing of a petition alleging that a proposed 
        patient is a sexually dangerous person or is a person with a 
        sexual psychopathic personality, the court shall hear the 
        petition as provided in section 253B.18.  In commitments under 
        this section, the court shall commit the patient to a secure 
        treatment facility unless the patient establishes by clear and 
        convincing evidence that a less restrictive treatment program is 
        available that is consistent with the patient's treatment needs 
        and the requirements of public safety. 
           Sec. 38.  Minnesota Statutes 2000, 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 a person who is mentally ill and dangerous to the public, 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. 39.  Minnesota Statutes 2000, section 253B.212, 
        subdivision 2, is amended to read: 
           Subd. 2.  [EFFECT GIVEN TO TRIBAL COMMITMENT ORDER.] When, 
        under an agreement entered into pursuant to subdivision 1, the 
        Indian Health Service applies to a regional center for admission 
        of a person committed to the jurisdiction of the health service 
        by the tribal court as a person who is mentally ill, mentally 
        retarded, or chemically dependent, the commissioner may treat 
        the patient with the consent of the Indian Health Service.  
           A person admitted to a regional center pursuant to this 
        section has all the rights accorded by section 253B.03.  In 
        addition, treatment reports, prepared in accordance with the 
        requirements of section 253B.12, subdivision 1, shall be filed 
        with the Indian Health Service within 60 days of commencement of 
        the patient's stay at the facility.  A subsequent treatment 
        report shall be filed with the Indian Health Service within six 
        months of the patient's admission to the facility or prior to 
        discharge, whichever comes first.  Provisional discharge or 
        transfer of the patient may be authorized by the head of the 
        treatment facility only with the consent of the Indian Health 
        Service.  Discharge from the facility to the Indian Health 
        Service may be authorized by the head of the treatment facility 
        after notice to and consultation with the Indian Health Service. 
           Sec. 40.  Minnesota Statutes 2000, section 256E.03, 
        subdivision 2, is amended to read: 
           Subd. 2.  (a) "Community social services" means services 
        provided or arranged for by county boards to fulfill the 
        responsibilities prescribed in section 256E.08, subdivision 1, 
        to the following groups of persons: 
           (1) families with children under age 18, who are 
        experiencing child dependency, neglect or abuse, and also 
        pregnant adolescents, adolescent parents under the age of 18 and 
        their children, and other adolescents; 
           (2) persons, including adolescents, who are under the 
        guardianship of the commissioner of human services as dependent 
        and neglected wards; 
           (3) adults who are in need of protection and vulnerable as 
        defined in section 626.5572; 
           (4) persons age 60 and over who are experiencing difficulty 
        living independently and are unable to provide for their own 
        needs; 
           (5) emotionally disturbed children and adolescents, persons 
        who are chronically and acutely mentally ill persons and who are 
        unable to provide for their own needs or to independently engage 
        in ordinary community activities; 
           (6) persons with mental retardation as defined in section 
        252A.02, subdivision 2, or with related conditions as defined in 
        section 252.27, subdivision 1a, who are unable to provide for 
        their own needs or to independently engage in ordinary community 
        activities; 
           (7) drug dependent and intoxicated persons, including 
        adolescents, as defined in section 254A.02, subdivisions 5 and 
        7, and persons, including adolescents, at risk of harm to self 
        or others due to the ingestion of alcohol or other drugs; 
           (8) parents whose income is at or below 70 percent of the 
        state median income and who are in need of child care services 
        in order to secure or retain employment or to obtain the 
        training or education necessary to secure employment; 
           (9) children and adolescents involved in or at risk of 
        involvement with criminal activity; and 
           (10) other groups of persons who, in the judgment of the 
        county board, are in need of social services. 
           (b) Except as provided in section 256E.08, subdivision 5, 
        community social services do not include public assistance 
        programs known as the Minnesota family investment program, 
        Minnesota supplemental aid, medical assistance, general 
        assistance, general assistance medical care, or community health 
        services authorized by sections 145A.09 to 145A.13.  
           Sec. 41.  Minnesota Statutes 2000, section 299F.77, is 
        amended to read: 
           299F.77 [ISSUANCE TO CERTAIN PERSONS PROHIBITED.] 
           The following persons shall not be entitled to receive an 
        explosives license or permit: 
           (1) a person under the age of 18 years; 
           (2) a person who has been convicted in this state or 
        elsewhere of a crime of violence, as defined in section 299F.72, 
        subdivision 1b, unless ten years have elapsed since the person's 
        civil rights have been restored or the sentence has expired, 
        whichever occurs first, and during that time the person has not 
        been convicted of any other crime of violence.  For purposes of 
        this section, crime of violence includes crimes in other states 
        or jurisdictions that would have been crimes of violence if they 
        had been committed in this state; 
           (3) a person who is or has ever been confined or committed 
        in Minnesota or elsewhere as a "person who is mentally ill," " 
        mentally retarded," or "mentally ill and dangerous to the public 
        " person, as defined in section 253B.02, to a treatment 
        facility, unless the person possesses a certificate of a medical 
        doctor or psychiatrist licensed in Minnesota, or other 
        satisfactory proof, that the person is no longer suffering from 
        this disability; 
           (4) a person who has been convicted in Minnesota or 
        elsewhere for the unlawful use, possession, or sale of a 
        controlled substance other than conviction for possession of a 
        small amount of marijuana, as defined in section 152.01, 
        subdivision 16, or who is or has ever been hospitalized or 
        committed for treatment for the habitual use of a controlled 
        substance or marijuana, as defined in sections 152.01 and 
        152.02, unless the person possesses a certificate of a medical 
        doctor or psychiatrist licensed in Minnesota, or other 
        satisfactory proof, that the person has not abused a controlled 
        substance or marijuana during the previous two years; and 
           (5) a person who has been confined or committed to a 
        treatment facility in Minnesota or elsewhere as "chemically 
        dependent," as defined in section 253B.02, unless the person has 
        completed treatment. 
           Sec. 42.  Minnesota Statutes 2000, section 376.01, is 
        amended to read: 
           376.01 [ACQUISITION OF LAND.] 
           A county board may acquire land in the county for hospital 
        purposes for patients, other than the for persons who are 
        mentally ill.  
           Sec. 43.  Minnesota Statutes 2000, section 376.02, is 
        amended to read: 
           376.02 [BUILDINGS.] 
           A county board may purchase or construct suitable buildings 
        for hospital purposes for patients, other than the for persons 
        who are mentally ill, on any land acquired under section 376.01, 
        and may improve, equip, and maintain these buildings for 
        hospital purposes.  The county board may pay for these buildings 
        out of any fund in the county treasury not otherwise 
        appropriated or issue warrants or bonds of the county for 
        payment.  The county board may fix the time and terms of payment 
        of these warrants or bonds and the amount of interest to be paid.
           Sec. 44.  Minnesota Statutes 2000, section 462A.02, 
        subdivision 9, is amended to read: 
           Subd. 9.  [SPECIAL NEEDS RESIDENTIAL CARE.] It is further 
        declared that the health, welfare, and personal interests of the 
        persons who are mentally ill, mentally retarded, physically 
        handicapped, and drug dependent citizens of Minnesota and who 
        are and who or may be in need of residential care are better 
        served through the development of a comprehensive, community- 
        based system of treatment and care which requires the 
        availability of adequate financing for the construction, 
        renovation, or rehabilitation of residential care facilities as 
        well as sufficient funds for their operational start-up costs. 
           Sec. 45.  Minnesota Statutes 2000, section 462A.03, 
        subdivision 19, is amended to read: 
           Subd. 19.  [RESIDENTIAL CARE FACILITY.] "Residential care 
        facility" means a living unit established primarily for the 
        accommodation and treatment of persons who are mentally ill, 
        mentally retarded, physically handicapped, and drug 
        dependent persons. 
           Sec. 46.  Minnesota Statutes 2000, section 609.06, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [WHEN AUTHORIZED.] Except as otherwise 
        provided in subdivision 2, reasonable force may be used upon or 
        toward the person of another without the other's consent when 
        the following circumstances exist or the actor reasonably 
        believes them to exist: 
           (1) when used by a public officer or one assisting a public 
        officer under the public officer's direction: 
           (a) in effecting a lawful arrest; or 
           (b) in the execution of legal process; or 
           (c) in enforcing an order of the court; or 
           (d) in executing any other duty imposed upon the public 
        officer by law; or 
           (2) when used by a person not a public officer in arresting 
        another in the cases and in the manner provided by law and 
        delivering the other to an officer competent to receive the 
        other into custody; or 
           (3) when used by any person in resisting or aiding another 
        to resist an offense against the person; or 
           (4) when used by any person in lawful possession of real or 
        personal property, or by another assisting the person in lawful 
        possession, in resisting a trespass upon or other unlawful 
        interference with such property; or 
           (5) when used by any person to prevent the escape, or to 
        retake following the escape, of a person lawfully held on a 
        charge or conviction of a crime; or 
           (6) when used by a parent, guardian, teacher, or other 
        lawful custodian of a child or pupil, in the exercise of lawful 
        authority, to restrain or correct such child or pupil; or 
           (7) when used by a school employee or school bus driver, in 
        the exercise of lawful authority, to restrain a child or pupil, 
        or to prevent bodily harm or death to another; or 
           (8) when used by a common carrier in expelling a passenger 
        who refuses to obey a lawful requirement for the conduct of 
        passengers and reasonable care is exercised with regard to the 
        passenger's personal safety; or 
           (9) when used to restrain a person who is mentally ill or 
        mentally defective person from self-injury or injury to another 
        or when used by one with authority to do so to compel compliance 
        with reasonable requirements for the person's control, conduct, 
        or treatment; or 
           (10) when used by a public or private institution providing 
        custody or treatment against one lawfully committed to it to 
        compel compliance with reasonable requirements for the control, 
        conduct, or treatment of the committed person.  
           Sec. 47.  Minnesota Statutes 2000, section 609.668, 
        subdivision 2, is amended to read: 
           Subd. 2.  [POSSESSION BY CERTAIN PERSONS PROHIBITED.] The 
        following persons are prohibited from possessing or reporting an 
        explosive device or incendiary device: 
           (a) a person under the age of 18 years; 
           (b) a person who has been convicted in this state or 
        elsewhere of a crime of violence unless ten years have elapsed 
        since the person's civil rights have been restored or the 
        sentence has expired, whichever occurs first, and during that 
        time the person has not been convicted of any other crime of 
        violence.  For purposes of this section, crime of violence 
        includes crimes in other states or jurisdictions that would have 
        been crimes of violence if they had been committed in this 
        state; 
           (c) a person who is or has ever been confined or committed 
        in Minnesota or elsewhere as a "person who is mentally ill," " 
        mentally retarded," or "mentally ill and dangerous to the public 
        " person, as defined in section 253B.02, to a treatment 
        facility, unless the person possesses a certificate of a medical 
        doctor or psychiatrist licensed in Minnesota, or other 
        satisfactory proof, that the person is no longer suffering from 
        this disability; 
           (d) a person who has been convicted in Minnesota or 
        elsewhere for the unlawful use, possession, or sale of a 
        controlled substance other than conviction for possession of a 
        small amount of marijuana, as defined in section 152.01, 
        subdivision 16, or who is or has ever been hospitalized or 
        committed for treatment for the habitual use of a controlled 
        substance or marijuana, as defined in sections 152.01 and 
        152.02, unless the person possesses a certificate of a medical 
        doctor or psychiatrist licensed in Minnesota, or other 
        satisfactory proof, that the person has not abused a controlled 
        substance or marijuana during the previous two years; 
           (e) a person who has been confined or committed to a 
        treatment facility in Minnesota or elsewhere as "chemically 
        dependent," as defined in section 253B.02, unless the person has 
        completed treatment; and 
           (f) a peace officer who is informally admitted to a 
        treatment facility under section 253B.04 for chemical 
        dependency, unless the officer possesses a certificate from the 
        head of the treatment facility discharging or provisionally 
        discharging the officer from the treatment facility. 
           A person who in good faith issues a certificate to a person 
        described in this subdivision to possess or use an incendiary or 
        explosive device is not liable for damages resulting or arising 
        from the actions or misconduct with an explosive or incendiary 
        device committed by the individual who is the subject of the 
        certificate. 
           Sec. 48.  Minnesota Statutes 2000, section 624.713, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [INELIGIBLE PERSONS.] The following persons 
        shall not be entitled to possess a pistol or semiautomatic 
        military-style assault weapon or, except for clause (a), any 
        other firearm: 
           (a) a person under the age of 18 years except that a person 
        under 18 may carry or possess a pistol or semiautomatic 
        military-style assault weapon (i) in the actual presence or 
        under the direct supervision of the person's parent or guardian, 
        (ii) for the purpose of military drill under the auspices of a 
        legally recognized military organization and under competent 
        supervision, (iii) for the purpose of instruction, competition, 
        or target practice on a firing range approved by the chief of 
        police or county sheriff in whose jurisdiction the range is 
        located and under direct supervision; or (iv) if the person has 
        successfully completed a course designed to teach marksmanship 
        and safety with a pistol or semiautomatic military-style assault 
        weapon and approved by the commissioner of natural resources; 
           (b) except as otherwise provided in clause (i), a person 
        who has been convicted of, or adjudicated delinquent or 
        convicted as an extended jurisdiction juvenile for committing, 
        in this state or elsewhere, a crime of violence unless ten years 
        have elapsed since the person has been restored to civil rights 
        or the sentence or disposition has expired, whichever occurs 
        first, and during that time the person has not been convicted of 
        or adjudicated for any other crime of violence.  For purposes of 
        this section, crime of violence includes crimes in other states 
        or jurisdictions which would have been crimes of violence as 
        herein defined if they had been committed in this state; 
           (c) a person who is or has ever been confined in Minnesota 
        or elsewhere as a "person who is mentally ill," "mentally 
        retarded," or "mentally ill and dangerous to the public" person, 
        as defined in section 253B.02, to a treatment facility, or who 
        has ever been found incompetent to stand trial or not guilty by 
        reason of mental illness, unless the person possesses a 
        certificate of a medical doctor or psychiatrist licensed in 
        Minnesota, or other satisfactory proof that the person is no 
        longer suffering from this disability; 
           (d) a person who has been convicted in Minnesota or 
        elsewhere of a misdemeanor or gross misdemeanor violation of 
        chapter 152, or a person who is or has ever been hospitalized or 
        committed for treatment for the habitual use of a controlled 
        substance or marijuana, as defined in sections 152.01 and 
        152.02, unless the person possesses a certificate of a medical 
        doctor or psychiatrist licensed in Minnesota, or other 
        satisfactory proof, that the person has not abused a controlled 
        substance or marijuana during the previous two years; 
           (e) a person who has been confined or committed to a 
        treatment facility in Minnesota or elsewhere as "chemically 
        dependent" as defined in section 253B.02, unless the person has 
        completed treatment.  Property rights may not be abated but 
        access may be restricted by the courts; 
           (f) a peace officer who is informally admitted to a 
        treatment facility pursuant to section 253B.04 for chemical 
        dependency, unless the officer possesses a certificate from the 
        head of the treatment facility discharging or provisionally 
        discharging the officer from the treatment facility.  Property 
        rights may not be abated but access may be restricted by the 
        courts; 
           (g) a person, including a person under the jurisdiction of 
        the juvenile court, who has been charged with committing a crime 
        of violence and has been placed in a pretrial diversion program 
        by the court before disposition, until the person has completed 
        the diversion program and the charge of committing the crime of 
        violence has been dismissed; 
           (h) except as otherwise provided in clause (i), a person 
        who has been convicted in another state of committing an offense 
        similar to the offense described in section 609.224, subdivision 
        3, against a family or household member or section 609.2242, 
        subdivision 3, unless three years have elapsed since the date of 
        conviction and, during that time, the person has not been 
        convicted of any other violation of section 609.224, subdivision 
        3, or 609.2242, subdivision 3, or a similar law of another 
        state; 
           (i) a person who has been convicted in this state or 
        elsewhere of assaulting a family or household member and who was 
        found by the court to have used a firearm in any way during 
        commission of the assault is prohibited from possessing any type 
        of firearm for the period determined by the sentencing court; or 
           (j) a person who: 
           (1) has been convicted in any court of a crime punishable 
        by imprisonment for a term exceeding one year; 
           (2) is a fugitive from justice as a result of having fled 
        from any state to avoid prosecution for a crime or to avoid 
        giving testimony in any criminal proceeding; 
           (3) is an unlawful user of any controlled substance as 
        defined in chapter 152; 
           (4) has been judicially committed to a treatment facility 
        in Minnesota or elsewhere as a "person who is mentally ill," " 
        mentally retarded," or "mentally ill and dangerous to the public 
        " person, as defined in section 253B.02; 
           (5) is an alien who is illegally or unlawfully in the 
        United States; 
           (6) has been discharged from the armed forces of the United 
        States under dishonorable conditions; or 
           (7) has renounced the person's citizenship having been a 
        citizen of the United States. 
           A person who issues a certificate pursuant to this 
        subdivision in good faith is not liable for damages resulting or 
        arising from the actions or misconduct with a firearm committed 
        by the individual who is the subject of the certificate. 
           The prohibition in this subdivision relating to the 
        possession of firearms other than pistols and semiautomatic 
        military-style assault weapons does not apply retroactively to 
        persons who are prohibited from possessing a pistol or 
        semiautomatic military-style assault weapon under this 
        subdivision before August 1, 1994. 
           Sec. 49.  Minnesota Statutes 2000, section 631.50, is 
        amended to read: 
           631.50 [ALIEN INMATES OR MENTALLY ILL PERSONS; REQUIRING 
        NOTICE TO UNITED STATES IMMIGRATION OFFICERS.] 
           When a person who is convicted of a felony or is found to 
        be a person who is mentally ill is committed to the Minnesota 
        correctional facility-Stillwater, the Minnesota correctional 
        facility-St. Cloud, the county jail, or any other state or 
        county institution which is supported, wholly or in part, by 
        public funds, the chief executive officer, sheriff, or other 
        officer in charge of the state or county institution shall at 
        once inquire into the nationality of the person.  If it appears 
        that the person is an alien, the officer shall immediately 
        notify the United States immigration officer in charge of the 
        district in which the correctional facility, jail, or other 
        institution is located, of (1) the date of and the reasons for 
        the alien commitment, (2) the length of time for which 
        committed, (3) the country of which the alien is a citizen, and 
        (4) the date on which and the port at which the alien last 
        entered the United States. 
           Sec. 50.  [REVISORS INSTRUCTION.] 
           In the next publication of Minnesota Rules, the revisor 
        shall change references to "mentally ill person" or similar 
        terminology wherever it appears in rules so that it is 
        consistent with the changes in this act. 
           Presented to the governor February 25, 2002 
           Signed by the governor February 27, 2002, 2:26 p.m.

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