2007 Minnesota Statutes
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Chapter 253B
Section 253B.17
Recent History
- 2024 Subd. 1 Amended 2024 c 79 art 5 s 9
- 2024 Subd. 1a New 2024 c 79 art 5 s 10
- 2020 253B.17 Amended 2020 c 2 art 6 s 81
- 2013 Subd. 1 Amended 2013 c 49 s 6
- 2002 Subd. 1 Amended 2002 c 221 s 28
- 1999 Subd. 1 Amended 1999 c 118 s 2
- 1997 Subd. 1 Amended 1997 c 217 art 1 s 84
- 1997 Subd. 3 Amended 1997 c 217 art 1 s 85
- 1995 Subd. 1 Amended 1995 c 189 s 7
This is an historical version of this statute chapter. Also view the most recent published version.
253B.17 RELEASE; JUDICIAL DETERMINATION.
Subdivision 1. Petition. Any patient, except one committed as a person who is 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 a person who is mentally ill, developmentally disabled, or chemically dependent,
or for any other relief. A patient committed as a person who is 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.
History: 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; 2002 c 221 s 28; 2005 c 56 s 1
Subdivision 1. Petition. Any patient, except one committed as a person who is 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 a person who is mentally ill, developmentally disabled, or chemically dependent,
or for any other relief. A patient committed as a person who is 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.
History: 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; 2002 c 221 s 28; 2005 c 56 s 1
Official Publication of the State of Minnesota
Revisor of Statutes