2006 Minnesota Statutes

253B.141 AUTHORITY TO DETAIN AND TRANSPORT A MISSING PATIENT.
    Subdivision 1. Report of absence. (a) If a patient committed under this chapter or detained
under a 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.
    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, 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.
    Subd. 3. Notice of apprehension. Immediately after an absent patient is located, the head of
the treatment facility from which the patient is absent, or the law enforcement agency that located
or returned the absent patient, shall notify the law enforcement agency that first received the
absent patient report under this section and that agency shall cancel the missing persons entry
from the National Crime Information Center computer.
History: 1997 c 217 art 1 s 73; 1998 c 313 s 13; 2002 c 221 s 25