2006 Minnesota Statutes

253B.19 JUDICIAL APPEAL PANEL; PATIENTS WHO ARE MENTALLY ILL AND
DANGEROUS TO THE PUBLIC.
    Subdivision 1. Creation. The Supreme Court shall establish an appeal panel composed of
three judges and four alternate judges appointed from among the acting judges of the state. Panel
members shall serve for terms of one year each. Only three judges need hear any case. One of the
regular three appointed judges shall be designated as the chief judge of the appeal panel. The
chief judge is vested with power to fix the time and place of all hearings before the panel, issue all
notices, subpoena witnesses, appoint counsel for the patient, if necessary, and supervise and direct
the operation of the appeal panel. The chief judge shall designate one of the other judges or an
alternate judge to act as chief judge in any case where the chief judge is unable to act. No member
of the appeal panel shall take part in the consideration of any case in which that judge committed
the patient. The chief justice of the Supreme Court shall determine the compensation of the judges
serving on the appeal panel. The compensation shall be in addition to their regular compensation
as judges. All compensation and expenses of the appeal panel and all allowable fees and costs of
the patient's counsel shall be established and paid by the Department of Human Services.
    Subd. 2. Petition; hearing. The committed person or the county attorney of the county from
which a patient was committed as a person who is mentally ill and dangerous to the public, or
as a sexual psychopathic personality or as a sexually dangerous person may petition the appeal
panel for a rehearing and reconsideration of a decision by the commissioner. The petition shall be
filed with the Supreme Court within 30 days after the decision of the commissioner is signed.
The Supreme Court shall refer the petition to the chief judge of the appeal panel. The chief judge
shall notify the patient, the county attorney of the county of commitment, the designated agency,
the commissioner, the head of the treatment facility, any interested person, and other persons the
chief judge designates, of the time and place of the hearing on the petition. The notice shall be
given at least 14 days prior to the date of the hearing. The hearing shall be within 45 days of the
filing of the petition unless an extension is granted for good cause. Any person may oppose the
petition. The appeal panel may appoint examiners and may adjourn the hearing from time to time.
It shall hear and receive all relevant testimony and evidence and make a record of all proceedings.
The patient, patient's counsel, and the county attorney of the committing county may be present
and present and cross-examine all witnesses. The petitioning party bears the burden of going
forward with the evidence. The party opposing discharge bears the burden of proof by clear and
convincing evidence that the respondent is in need of commitment.
    Subd. 3. Decision. A majority of the appeal panel shall rule upon the petition. The order
of the appeal panel shall supersede the order of the commissioner in the cases. No order of the
appeal panel granting a transfer, discharge or provisional discharge shall be made effective
sooner than 15 days after it is issued. The panel may not consider petitions for relief other than
those considered by the commissioner from which the appeal is taken. The panel may not
grant a transfer or provisional discharge on terms or conditions that were not presented to the
commissioner or the special review board.
    Subd. 4. Effect of petition. The filing of a petition shall immediately suspend the operation
of any order for transfer, discharge or provisional discharge of the patient. The patient shall not be
discharged in any manner except upon order of a majority of the appeal panel.
    Subd. 5. Appeal. A party aggrieved by an order of the appeal panel may appeal from the
decision of the appeal panel to the Court of Appeals as in other civil cases. A party may seek
review of a decision by the appeals panel within 60 days after a copy is sent to the parties by the
clerk of appellate courts. The filing of an appeal shall immediately suspend the operation of
any order granting transfer, discharge or provisional discharge, pending the determination of
the appeal.
History: 1982 c 581 s 19; 1983 c 216 art 1 s 37; 1983 c 247 s 106; 1983 c 251 s 23; 1983 c
348 s 12; 1984 c 654 art 5 s 58; 1986 c 444; 1987 c 377 s 4; 1991 c 148 s 5; 1994 c 636 art 8 s 2;
1997 c 217 art 1 s 101-104; 1998 c 313 s 23; 2002 c 221 s 38