1999 Minnesota Statutes

     253B.17 Release; judicial determination. 

    Subdivision 1.    Petition.  Any patient, except one 
 committed as mentally ill and dangerous to the public or as a 
 sexually dangerous person or person with a sexual psychopathic 
 personality as provided in section 253B.18, subdivision 3, or 
 any interested person may petition the committing court or the 
 court to which venue has been transferred for an order that the 
 patient is not in need of continued care and treatment or for an 
 order that an individual is no longer mentally ill, mentally 
 retarded, or chemically dependent, or for any other relief.  A 
 patient committed as mentally ill or mentally ill and dangerous 
 may petition the committing court or the court to which venue 
 has been transferred for a hearing concerning the administration 
 of neuroleptic medication.  

    Subd. 2.    Notice of hearing.  Upon the filing of the 
 petition, the court shall fix the time and place for the hearing 
 on it.  Ten days' notice of the hearing shall be given to the 
 county attorney, the patient, patient's counsel, the person who 
 filed the initial commitment petition, the head of the treatment 
 facility, and other persons as the court directs.  Any person 
 may oppose the petition.  

    Subd. 3.    Examiners.  The court shall appoint an 
 examiner and, at the patient's request, shall appoint a second 
 examiner of the patient's choosing to be paid for by the county 
 at a rate of compensation to be fixed by the court.  Unless 
 otherwise agreed by the parties, the examiners shall file a 
 report with the court not less than 48 hours prior to the 
 hearing under this section. 

    Subd. 4.    Evidence.  The patient, patient's counsel, 
 the petitioner and the county attorney shall be entitled to be 
 present at the hearing and to present and cross-examine 
 witnesses, including examiners.  The court may hear any relevant 
 testimony and evidence which is offered at the hearing.  

    Subd. 5.    Order.  Upon completion of the hearing, the 
 court shall enter an order stating its findings and decision and 
 mail it to the head of the treatment facility.  

    HIST: 1982 c 581 s 17; 1986 c 444; 1988 c 689 art 2 s 120; 
 1990 c 568 art 5 s 32; 1995 c 189 s 7; 1997 c 217 art 1 s 84,85; 1999 c 
 118 s 2