Subdivision 1. Remedies available.
Upon a finding by the court that the commissioner has
proven the allegations set forth in the petition, the court may order that the respondent must:
(1) participate in a designated education program;
(2) participate in a designated counseling program;
(3) participate in a designated treatment program;
(4) undergo medically accepted tests to verify carrier status or for diagnosis, or undergo
treatment that is consistent with standard medical practice as necessary to make respondent
(5) notify or appear before designated health officials for verification of status, testing, or
other purposes consistent with monitoring;
(6) cease and desist the conduct which constitutes a health threat to others;
(7) live part time or full time in a supervised setting for the period and under the conditions
set by the court;
(8) subject to the provisions of subdivision 2, be committed to an appropriate institutional
facility for the period and under the conditions set by the court, but not longer than six months,
until the respondent is made noninfectious, or until the respondent completes a course of treatment
prescribed by the court, whichever occurs first, unless the commissioner shows good cause for
continued commitment; and
(9) comply with any combination of the remedies in clauses (1) to (8), or other remedies
considered just by the court. In no case may a respondent be committed to a correctional facility.
Subd. 2. Commitment review panel.
The court may not order the remedy specified in
subdivision 1, clause (8), unless it first considers the recommendation of a commitment review
panel appointed by the commissioner to review the need for commitment of the respondent
to an institutional facility.
The duties of the commitment review panel shall be to:
(1) review the record of the proceeding;
(2) interview the respondent. If the respondent is not interviewed, the reasons must be
(3) identify, explore, and list the reasons for rejecting or recommending alternatives to
Subd. 3. Construction.
This section shall be construed so that the least restrictive alternative
is used to achieve the desired purpose of preventing or controlling communicable disease.
Subd. 4. Additional requirements.
If commitment or supervised living is ordered, the
court shall require the head of the institutional facility or the person in charge of supervision to
submit: (a) a plan of treatment within ten days of initiation of commitment or supervised living;
and (b) a written report, with a copy to both the commissioner and the respondent, at least 60
days, but not more than 90 days, from the start of respondent's commitment or supervised living
arrangement, setting forth the following:
(1) the types of support or therapy groups, if any, respondent is attending and how often
(2) the type of care or treatment respondent is receiving, and what future care or treatment is
(3) whether respondent has been cured or made noninfectious, or otherwise no longer poses
a threat to public health;
(4) whether continued commitment or supervised living is necessary; and
(5) other information the court considers necessary.
History: 1987 c 209 s 13