HF 1139

as introduced - 90th Legislature (2017 - 2018) Posted on 03/02/2017 09:06pm

A bill for an act
relating to human services; providing for assisted outpatient mental health treatment
with mandatory weekly patient reporting to treatment provider; amending Minnesota
Statutes 2016, sections 253B.066, subdivision 1; 253B.09, subdivision 1; 253B.097,
subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2016, section 253B.066, subdivision 1, is amended to read:

Subdivision 1.

Treatment alternatives.

If the court orders early intervention under
section 253B.065, subdivision 5, the court may include in its order a variety of treatment
alternatives including, but not limited to, new text begin assisted outpatient treatment with mandatory
weekly patient reporting to the treatment provider for at least one year, new text end day treatment,
medication compliance monitoring, assertive community treatment, crisis assessment and
stabilization, partial hospitalization, and short-term hospitalization not to exceed 21 days.

If the court orders short-term hospitalization and the proposed patient will not go
voluntarily, the court may direct a health officer, peace officer, or other person to take the
person into custody and transport the person to the hospital.

Sec. 2.

Minnesota Statutes 2016, 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, developmentally disabled, or
chemically dependent 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, new text begin assisted outpatient treatment with
mandatory weekly patient reporting to the treatment provider for at least one year,
new text end 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 commitment as mentally ill, chemically dependent, or developmentally disabled
is to a service facility provided by the commissioner of human services, the court shall order
the commitment to the commissioner. The commissioner shall designate the placement of
the person to the court.

(d) If the court finds a proposed patient to be a person who is mentally ill under section
253B.02, subdivision 13, paragraph (a), clause (2) or (4), the court shall commit to a
community-based program that meets the proposed patient's needs. For purposes of this
paragraph, a community-based program may include inpatient mental health services at a
community hospital.

Sec. 3.

Minnesota Statutes 2016, section 253B.097, subdivision 1, is amended to read:

Subdivision 1.

Findings.

In addition to the findings required under section 253B.09,
subdivision 2, an order committing a person to community-based treatment must include:

(1) a written plan for services to the patient new text begin including at a minimum that the patient
reports to the treatment provider at least one time each week for a period of one year new text end ;

(2) a finding that the proposed treatment is available and accessible to the patient and
that public or private financial resources are available to pay for the proposed treatment;

(3) conditions the patient must meet in order to obtain an early release from commitment
or to avoid a hearing for further commitment; and

(4) consequences of the patient's failure to follow the commitment order. Consequences
may include commitment to another setting for treatment.