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1998 Minnesota Session Laws

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                            CHAPTER 313-S.F.No. 2373 
                  An act relating to civil commitment; modifying 
                  provisions governing release on pass for persons 
                  committed as mentally ill and dangerous; allowing 
                  temporary jail confinement of persons subject to 
                  commitment as sexual psychopathic personalities or 
                  sexually dangerous persons; clarifying various 
                  provisions and making conforming and technical 
                  amendments; amending Minnesota Statutes 1996, sections 
                  253B.15, subdivision 9; and 253B.185, by adding a 
                  subdivision; Minnesota Statutes 1997 Supplement, 
                  sections 253B.03, subdivision 7; 253B.045, 
                  subdivisions 2 and 3; 253B.05, subdivision 3; 253B.07, 
                  subdivisions 5 and 7; 253B.09, subdivision 1; 
                  253B.092, subdivisions 6 and 8; 253B.0921; 253B.095, 
                  subdivision 3; 253B.12, subdivision 1; 253B.141, 
                  subdivision 1; 253B.15, subdivisions 2, 3, 3a, 3b, and 
                  5; 253B.18, subdivisions 4a and 5; and 253B.19, 
                  subdivision 3. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1997 Supplement, 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 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. 2.  Minnesota Statutes 1997 Supplement, section 
        253B.045, 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 2b, 
        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. 3.  Minnesota Statutes 1997 Supplement, section 
        253B.045, subdivision 3, is amended to read: 
           Subd. 3.  [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 2b, pending a judicial 
        determination regarding continued commitment pursuant to 
        sections 253B.12 and 253B.13. 
           Sec. 4.  Minnesota Statutes 1997 Supplement, 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.  If a 
        petition for the commitment of the person is filed in the 
        district court in the county of the person's residence or of the 
        county in which the treatment facility is located, the court may 
        issue a judicial hold order pursuant to section 253B.07, 
        subdivision 6 2b.  
           (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.  The release may not be delayed pending 
        the written order.  Before releasing deciding to release 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 
        who might be endangered if the person was not held; 
           (2) the examiner whose written statement was a basis for a 
        hold under subdivision 1; 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. 5.  Minnesota Statutes 1997 Supplement, 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 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 parties, a 
        court-appointed examiner shall file the report with the court 
        not less than 48 hours prior to the commitment hearing.  The 
        court shall ensure that copies of the examiner's report shall be 
        sent are provided to the county attorney, the proposed patient, 
        and the patient's counsel. 
           Sec. 6.  Minnesota Statutes 1997 Supplement, 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 longer than 72 hours, exclusive of 
        Saturdays, Sundays, and legal holidays, unless the court holds a 
        preliminary hearing and determines that 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.  The court 
        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 proposed patient who is seriously 
        disruptive or who is incapable of comprehending and 
        participating in the proceedings.  In such instances, the court 
        shall, with specificity on the record, state the behavior of the 
        proposed patient or other circumstances which justify proceeding 
        in the absence of the proposed patient.  
           (d) The court may continue the court judicial 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.  If a proposed patient was acquitted of a crime 
        against the person under section 611.026 immediately preceding 
        the filing of the petition, the court may presume that serious 
        imminent physical harm to the patient or others is likely if the 
        proposed patient is not confined.  
           (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. 7.  Minnesota Statutes 1997 Supplement, 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 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.  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. 8.  Minnesota Statutes 1997 Supplement, section 
        253B.092, subdivision 6, is amended to read: 
           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.  A 
        hearing is not required for an appointment under this 
        paragraph.  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 relevant 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.  The substitute decision-maker may not disclose health 
        records obtained under this paragraph except to the extent 
        necessary to carry out the duties 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. 
           Sec. 9.  Minnesota Statutes 1997 Supplement, section 
        253B.092, subdivision 8, is amended to read: 
           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.  A copy of the order must be given to 
        the patient, the patient's attorney, the county attorney, and 
        the treatment facility.  The treatment facility may not begin 
        administration of the neuroleptic medication until it notifies 
        the patient of the court's order authorizing the treatment. 
           (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. 
           Sec. 10.  Minnesota Statutes 1997 Supplement, section 
        253B.0921, is amended to read: 
           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 relevant 
        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. 11.  Minnesota Statutes 1997 Supplement, section 
        253B.095, subdivision 3, is amended to read: 
           Subd. 3.  [DURATION.] The maximum duration of 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 suffer from mental 
        illness, chemical dependency, or mental retardation be mentally 
        ill, chemically dependent, or mentally retarded, and (2) an 
        order is needed to protect the patient or others. 
           Sec. 12.  Minnesota Statutes 1997 Supplement, section 
        253B.12, subdivision 1, is amended to read: 
           Subdivision 1.  [REPORTS.] (a) If a patient who was 
        committed as mentally ill, mentally retarded, or chemically 
        dependent is discharged from treatment 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 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 prepared 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. 13.  Minnesota Statutes 1997 Supplement, section 
        253B.141, subdivision 1, is amended to read: 
           Subdivision 1.  [REPORT OF ABSENCE.] (a) If a patient 
        committed under this chapter or detained under a court-ordered 
        judicial 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. 
           Sec. 14.  Minnesota Statutes 1997 Supplement, section 
        253B.15, subdivision 2, is amended to read: 
           Subd. 2.  [REVOCATION OF PROVISIONAL DISCHARGE.] The 
        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 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 may request that the designated 
        agency revoke the patient's provisional discharge.  Any person 
        making a request shall provide the head of the 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. 15.  Minnesota Statutes 1997 Supplement, section 
        253B.15, subdivision 3, is amended to read: 
           Subd. 3.  [PROCEDURE; NOTICE.] Revocation shall be 
        commenced by the designated agency's written notice of intent to 
        revoke provisional discharge given or sent to the patient, the 
        patient's attorney, and the 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. 16.  Minnesota Statutes 1997 Supplement, section 
        253B.15, subdivision 3a, is amended to read: 
           Subd. 3a.  [REPORT TO THE COURT.] Within 48 hours, 
        excluding weekends and holidays, 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. 17.  Minnesota Statutes 1997 Supplement, section 
        253B.15, subdivision 3b, is amended to read: 
           Subd. 3b.  [REVIEW.] The patient or patient's attorney 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. 18.  Minnesota Statutes 1997 Supplement, section 
        253B.15, subdivision 5, is amended to read: 
           Subd. 5.  [RETURN TO FACILITY.] When the designated 
        agency serves gives or sends 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 a facility.  The court may order the patient 
        returned to a facility prior to a review hearing only upon 
        finding that immediate return to a facility is necessary 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 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, or 
        if a health or peace officer returns the patient to the 
        treatment facility, and the patient wants judicial review of the 
        revocation, the patient or the patient's attorney must file the 
        petition for review and affidavit required under subdivision 3b 
        within 48 hours 14 days of receipt of the notice of the intent 
        to revoke.  
           Sec. 19.  Minnesota Statutes 1996, section 253B.15, 
        subdivision 9, is amended to read: 
           Subd. 9.  [EXPIRATION OF PROVISIONAL DISCHARGE.] Except as 
        otherwise provided, a provisional discharge is absolute when it 
        expires.  If, while on provisional discharge or extended 
        provisional discharge, a patient is discharged as provided in 
        section 253B.16, the discharge shall be absolute.  
           Notice of the expiration of the provisional discharge shall 
        be given by the head of the treatment facility to the committing 
        court,; the petitioner, if known; the patient's attorney; the 
        county attorney in the county of commitment; the commissioner,; 
        and the designated agency.  
           Sec. 20.  Minnesota Statutes 1997 Supplement, 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 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. 21.  Minnesota Statutes 1997 Supplement, 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.  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, 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 patient may designate interested 
        persons to receive notice by providing the names and addresses 
        to the commissioner at least 21 days before 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 signed.  No order by the commissioner shall be 
        effective sooner than 30 days after 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. 22.  Minnesota Statutes 1996, section 253B.185, is 
        amended by adding a subdivision to read: 
           Subd. 1a.  [TEMPORARY CONFINEMENT.] During any hearing held 
        under this section, or pending emergency revocation of a 
        provisional discharge, the court may order the patient or 
        proposed patient temporarily confined in a jail or lockup but 
        only if: 
           (1) there is no other feasible place of confinement for the 
        patient within a reasonable distance; 
           (2) the confinement is for less than 24 hours or, if during 
        a hearing, less than 24 hours prior to commencement and after 
        conclusion of the hearing; and 
           (3) there are protections in place, including segregation 
        of the patient, to ensure the safety of the patient. 
           Sec. 23.  Minnesota Statutes 1997 Supplement, 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. 
           Presented to the governor March 19, 1998 
           Signed by the governor March 23, 1998, 10:50 a.m.

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