1997 Minnesota Statutes

CHAPTER 253. Hospitals for persons with mental illness

  253.01 Repealed, 1947 c 491 s 2 

  253.014 Repealed, 1965 c 45 s 73 

     253.015 Location; management; commitment; chief 
  executive officer. 

    Subdivision 1.    State hospitals for persons with mental 
 illness.  The state hospitals located at Anoka, Brainerd, 
 Fergus Falls, St. Peter, Willmar, and Moose Lake until June 30, 
 1995, shall constitute the state hospitals for persons with 
 mental illness, and shall be maintained under the general 
 management of the commissioner of human services.  The 
 commissioner of human services shall determine to what state 
 hospital persons with mental illness shall be committed from 
 each county and notify the judge exercising probate jurisdiction 
 thereof, and of changes made from time to time.  The chief 
 executive officer of each hospital for persons with mental 
 illness shall be known as the chief executive officer.  

    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 
 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. 

    Subd. 3.    Services for persons with mental illness from 
 Moose Lake regional treatment center.  (a) The commissioner 
 shall develop the following services in the Moose Lake catchment 
 area for patients with mental illness relocated from the Moose 
 Lake regional treatment center and must promote a mix of 
 state-operated and private services to include the following: 

    (1) by September 1, 1994, services in community nursing 
 facilities for 45 patients with mental illness; 

    (2) by December 1, 1994, 24 state-operated community 
 service slots, which may be a combination of residential and 
 crisis services, designed to serve persons with mental illness 
 and at least 75 percent of these state-operated community 
 service slots shall be residential services; 

    (3) by December 1, 1994, 16 service slots in other 
 community settings; and 

    (4) by December 1, 1994, 25 inpatient psychiatric beds in 
 community hospitals for adult patients who are acutely ill, 
 particularly those under judicial commitment. 

    (b) By October 1, 1994, 15 inpatient acute care 
 state-operated psychiatric beds in the Moose Lake catchment area.

    (c) By July 1, 1995, the commissioner shall establish 60 
 beds at Brainerd regional human services center to serve persons 
 with mental illness being relocated from the Moose Lake regional 
 treatment center. 

    Subd. 4.    Services for persons with traumatic brain 
 injury.  By June 30, 1994, the commissioner shall develop 15 
 beds at Brainerd regional human services center for persons with 
 traumatic brain injury, including patients relocated from the 
 Moose Lake regional treatment center. 

    HIST: 1947 c 491 s 1; 1951 c 10 s 2; 1965 c 45 s 27; 1984 c 
 654 art 5 s 58; 1985 c 21 s 41; 1989 c 282 art 6 s 24; 1991 c 
 292 art 6 s 42; 1Sp1993 c 1 art 7 s 35-37; 1995 c 189 s 8; 1996 
 c 277 s 1 

     253.016 Purpose of regional treatment centers. 

    The primary mission of the regional treatment centers for 
 persons with major mental illness is to provide inpatient 
 psychiatric hospital services.  The regional treatment centers 
 are part of a comprehensive mental health system.  Regional 
 treatment center services must be integrated into an array of 
 services based on assessment of individual needs. 

    HIST: 1989 c 282 art 6 s 25 

     253.017 Treatment provided by regional treatment centers.

    Subdivision 1.    Active psychiatric treatment.  The 
 regional treatment centers shall provide active psychiatric 
 treatment according to contemporary professional standards.  
 Treatment must be designed to: 

    (1) stabilize the individual and the symptoms that required 
 hospital admission; 

    (2) restore individual functioning to a level permitting 
 return to the community; 

    (3) strengthen family and community support; and 

    (4) facilitate discharge, after care, and follow-up as 
 patients return to the community. 

    Subd. 2.    Need for services.  The commissioner shall 
 determine the need for the psychiatric services provided by the 
 department based upon individual needs assessments of persons in 
 the regional treatment centers as required by section 245.474, 
 subdivision 2, and an evaluation of:  (1) regional treatment 
 center programs, (2) programs needed in the region for persons 
 who require hospitalization, and (3) available epidemiologic 
 data.  Throughout its planning and implementation, the 
 assessment process must be discussed with the state advisory 
 council on mental health in accordance with its duties under 
 section 245.697.  Continuing assessment of this information must 
 be considered in planning for and implementing changes in 
 state-operated programs and facilities for persons with mental 
 illness.  By January 31, 1990, the commissioner shall submit a 
 proposal for renovation or new construction of the facilities at 
 Anoka, Brainerd, Moose Lake, and Fergus Falls.  Expansion may be 
 considered only after a thorough analysis of need and in 
 conjunction with a comprehensive mental health plan. 

    Subd. 3.    Dissemination of admission and stay criteria. 
  The commissioner shall periodically disseminate criteria for 
 admission and continued stay in a regional treatment center and 
 security hospital.  The commissioner shall disseminate the 
 criteria to the courts of the state and counties. 

    HIST: 1989 c 282 art 6 s 26 

     253.018 Persons served. 

    The regional treatment centers shall primarily serve adults.
 Programs treating children and adolescents who require the 
 clinical support available in a psychiatric hospital may be 
 maintained on present campuses until adequate state-operated 
 alternatives are developed off campus according to the criteria 
 of section 253.28, subdivision 2. 

    HIST: 1989 c 282 art 6 s 27 

  253.02 Repealed, 1947 c 491 s 2 

  253.03 Repealed, 1947 c 622 s 14 

  253.04 Repealed, 1947 c 622 s 14 

  253.05 Repealed, 1947 c 622 s 14 

  253.053 Repealed, 1969 c 955 s 7 

  253.06 Repealed, 1947 c 491 s 2 

  253.07 Repealed, 1947 c 491 s 2 

  253.08 Repealed, 1947 c 491 s 2 

  253.09 Repealed, 1947 c 491 s 2 

     253.10 Death or illness; notice given next of kin. 

    The chief executive officer of any state hospital shall 
 give to the next of kin of any resident thereof immediate notice 
 of the resident's death, serious illness, or special change in 
 condition and promptly and fully answer all letters of inquiry 
 from relatives.  Immediately after the death of a patient or 
 resident therein, the chief executive officer shall furnish for 
 registration, to the proper clerk or health officer, and to the 
 judge exercising probate jurisdiction for the county from which 
 the resident was committed, a certificate setting forth the name 
 of the patient or resident, age, the duration of last sickness, 
 and the cause and date of death.  The expenses of all coroners' 
 inquests upon persons dying in such hospital shall be paid from 
 the appropriation for its current expenses.  

    HIST: (4518) RL s 1917; 1965 c 45 s 28; 1985 c 21 s 42; 1986 c 
 444; 1995 c 189 s 8; 1996 c 277 s 1 

  253.11 Repealed, 1967 c 638 s 22 

  253.12 Repealed, 1967 c 638 s 22 

     253.13 Notice of escape.  

    When a convict from the Minnesota correctional 
 facility-Stillwater or the Minnesota correctional facility-St. 
 Cloud who has been committed to a state hospital escapes 
 therefrom or dies therein, the superintendent shall immediately 
 notify the chief executive officer of such facility of such fact.

    HIST: (4521) RL s 1920; 1965 c 45 s 30; 1979 c 102 s 13 

  253.14 Repealed, 1953 c 342 s 1 

  253.15 Repealed, 1965 c 45 s 73 

  253.16 Repealed, 1965 c 45 s 73 

  253.17 Repealed, 1965 c 45 s 73 

  253.18 Repealed, 1967 c 638 s 22 

     253.19 Annual report. 

    On or before September 1 each year, the chief executive 
 officer of each state hospital for persons with mental illness 
 or mental retardation shall report to the commissioner of human 
 services the number of persons with mental illness therein on 
 July 31 preceding, giving the numbers of male and female and of 
 the number of persons with mental retardation separately, and a 
 statistical exhibit of the admissions, discharges, and deaths, 
 with causes of death, and such other facts and information as 
 the commissioner may require.  Neglect to so report shall be a 
 misdemeanor.  

    HIST: (4527) RL s 1926; 1983 c 10 s 1; 1984 c 654 art 5 s 58; 
 1985 c 21 s 43 

     253.20 Minnesota Security Hospital. 

    The commissioner of human services is hereby authorized and 
 directed to erect, equip, and maintain in connection with a 
 state hospital at St. Peter a suitable building to be known as 
 the Minnesota Security Hospital, for the purpose of holding in 
 custody and caring for such persons with mental illness or 
 mental retardation as may be committed thereto by courts of 
 criminal jurisdiction, or otherwise, or transferred thereto by 
 the commissioner of human services, and for such persons as may 
 be declared insane while confined in any penal institution, or 
 who may be found to be mentally ill and dangerous, and the 
 commissioner shall supervise and manage the same as in the case 
 of other state hospitals. 

    HIST: (4528) 1907 c 338 s 1; 1957 c 196 s 1; 1983 c 10 s 1; 
 1984 c 654 art 5 s 58; 1985 c 21 s 44; 1986 c 444 

     253.201 Minnesota Security Hospital. 

    The state asylum for the dangerous insane at St. Peter 
 established by Laws 1907, chapter 338 shall hereafter be known 
 as the Minnesota Security Hospital and shall continue under the 
 management of the superintendent of the St. Peter State 
 Hospital, and the revisor of statutes shall substitute the 
 latter name wherever the term "asylum for the dangerous insane" 
 or "hospital for the dangerous insane" now appears in the 
 statutes.  

    HIST: 1957 c 196 s 1 

     253.202 Management. 

    Notwithstanding the provisions of section 253.201, or any 
 other law to the contrary, the Minnesota Security Hospital shall 
 be under the administrative management of a hospital 
 administrator, to be appointed by the commissioner of human 
 services, who shall be a graduate of an accredited college 
 giving a course leading to a degree in hospital administration, 
 and the commissioner of human services, by rule, shall designate 
 such colleges which in the commissioner's opinion give an 
 accredited course in hospital administration.  In addition to a 
 hospital administrator, the commissioner of human services may 
 appoint a licensed doctor of medicine as chief of the medical 
 staff and the doctor shall be in charge of all medical care, 
 treatment, rehabilitation, and research. This section is 
 effective on July 1, 1963. 

    HIST: 1963 c 764 s 11; 1971 c 24 s 25; 1984 c 654 art 5 s 58; 
 1985 c 248 s 70; 1986 c 444; 1987 c 384 art 1 s 49; 1Sp1993 c 1 
 art 7 s 38 

     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.  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 mentally ill people in the discretion of the court, 
 there to be kept and maintained as in the case of other mentally 
 ill persons.  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.  

    HIST: (4529) 1907 c 338 s 2; 1913 c 540 s 1; 1957 c 196 s 1; 
 1979 c 102 s 13; 1984 c 654 art 5 s 58; 1985 c 21 s 45; 1986 c 
 444; 1995 c 189 s 8; 1996 c 277 s 1 

     253.22 Allowances.  

    When any convict is discharged from the Minnesota Security 
 Hospital the convict shall receive the same allowances in money, 
 clothing, and otherwise which the convict would have received on 
 remaining at the sending institution and the expenditures in 
 behalf of the convict shall be made out of the same fund.  While 
 at the hospital, the convict shall be clothed and supported as 
 are other patients.  

    HIST: (4530) 1907 c 338 s 3; 1957 c 196 s 1; 1965 c 45 s 32; 
 1986 c 444 

     253.23 Transfer proceedings.  

    When any criminal shall be transferred to the Minnesota 
 Security Hospital the original warrant of commitment to the 
 penal institution shall be sent with the criminal and returned 
 to the penal institution upon return or discharge of the 
 criminal.  A certified copy thereof shall be preserved at the 
 penal institution.  

    HIST: (4531) 1907 c 338 s 4; 1957 c 196 s 1; 1986 c 444 

     253.24 Terms of sentence.  

    A prisoner who is removed or returned under sections 253.20 
 to 253.27 shall be held in the place to which the prisoner is so 
 removed or returned in accordance with the terms of the 
 prisoner's original sentence unless sooner discharged and the 
 period of removal shall be counted as a part of the term of the 
 confinement.  

    HIST: (4532) 1907 c 338 s 5; 1986 c 444 

     253.25 Commitment before conviction. 

    When any person under indictment or information and before 
 trial thereon shall be found to be incompetent to proceed and to 
 have homicidal tendencies; or when during the trial of any 
 person on an indictment or information such person shall be 
 found to be incompetent to proceed and to have homicidal 
 tendencies, the court in which such indictment or information is 
 filed shall forthwith commit such person to the Minnesota 
 Security Hospital for safekeeping and treatment and such person 
 shall be received and cared for thereat until recovery when the 
 person shall be returned to the court from which the person was 
 received there to be dealt with according to law.  

    HIST: (4533) 1907 c 338 s 6; 1957 c 196 s 1; 1985 c 21 s 46; 
 1986 c 444 

     253.26 Transfers of patients or residents. 

    When any person of the state hospital for patients with 
 mental illness or residents with mental retardation is found by 
 the commissioner of human services to have homicidal tendencies 
 or to be under sentence or indictment or information the person 
 may be transferred by the commissioner to the Minnesota Security 
 Hospital for safekeeping and treatment.  

    HIST: (4534) 1907 c 338 s 7; 1955 c 454 s 1; 1957 c 196 s 1; 
 1983 c 10 s 1; 1984 c 654 art 5 s 58; 1985 c 21 s 47; 1986 c 444 

     253.27 Correspondence without censorship.  

    Any inmate of the Minnesota Security Hospital may 
 correspond freely, without censorship, with the governor and 
 with the commissioner of human services.  

    HIST: (4535) 1907 c 338 s 8; 1957 c 196 s 1; 1984 c 654 art 5 
 s 58 

     253.28 State-operated, community-based programs for 
  persons with mental illness. 

    Subdivision 1.    Programs for persons with mental 
 illness.  Beginning July 1, 1991, the commissioner may 
 establish a system of state-operated, community-based programs 
 for persons with mental illness.  For purposes of this section, 
 "state-operated, community-based program" means a program 
 administered by the state to provide treatment and habilitation 
 in community settings to persons with mental illness.  Employees 
 of the programs must be state employees under chapters 43A and 
 179A.  The role of state-operated services must be defined 
 within the context of a comprehensive system of services for 
 persons with mental illness.  Services may include, but are not 
 limited to, community residential treatment facilities for 
 children and adults. 

    Subd. 2.    Location of programs for persons with mental 
 illness.  In determining the location of state-operated, 
 community-based programs, the needs of the individual clients 
 shall be paramount.  The commissioner shall take into account: 

    (1) the personal preferences of the persons being served 
 and their families; 

    (2) location of the support services needed by the persons 
 being served as established by an individual service plan; 

    (3) the appropriate grouping of the persons served; 

    (4) the availability of qualified staff; 

    (5) the need for state-operated, community-based programs 
 in the geographical region of the state; and 

    (6) a reasonable commuting distance from a regional 
 treatment center or the residences of the program staff. 

    Subd. 3.    Evaluation of community-based services 
 development.  The commissioner shall develop an integrated 
 approach to assessing and improving the quality of 
 community-based services including state-operated programs to 
 persons with mental illness.  The commissioner shall evaluate 
 the progress of the development and quality of the 
 community-based services to determine if further development can 
 proceed.  The commissioner shall report results of the 
 evaluation to the legislature by January 31, 1993. 

    HIST: 1989 c 282 art 6 s 28