2007 Minnesota Statutes

254A.19 CHEMICAL USE ASSESSMENTS.
    Subdivision 1. Persons arrested outside of home county. When a chemical use assessment
is required under Minnesota Rules, parts 9530.6600 to 9530.6655, for a person who is arrested
and taken into custody by a peace officer outside of the person's county of residence, the
assessment must be completed by the person's county of residence no later than three weeks after
the assessment is initially requested. If the assessment is not performed within this time limit, the
county where the person is to be sentenced shall perform the assessment. The county of financial
responsibility is determined under chapter 256G.
    Subd. 2. Probation officer as contact. When a chemical use assessment is required under
Minnesota Rules, parts 9530.6600 to 9530.6655, for a person who is on probation or under
other correctional supervision, the assessor, either orally or in writing, shall contact the person's
probation officer to verify or supplement the information provided by the person.
    Subd. 3. Financial conflicts of interest. (a) Except as provided in paragraph (b), an assessor
conducting a chemical use assessment under Minnesota Rules, parts 9530.6600 to 9530.6655,
may not have any direct or shared financial interest or referral relationship resulting in shared
financial gain with a treatment provider.
    (b) A county may contract with an assessor having a conflict described in paragraph (a) if
the county documents that:
    (1) the assessor is employed by a culturally specific service provider or a service provider
with a program designed to treat individuals of a specific age, sex, or sexual preference;
    (2) the county does not employ a sufficient number of qualified assessors and the only
qualified assessors available in the county have a direct or shared financial interest or a referral
relationship resulting in shared financial gain with a treatment provider; or
    (3) the county social service agency has an existing relationship with an assessor or service
provider and elects to enter into a contract with that assessor to provide both assessment and
treatment under circumstances specified in the county's contract, provided the county retains
responsibility for making placement decisions.
    An assessor under this paragraph may not place clients in treatment. The assessor shall gather
required information and provide it to the county along with any required documentation. The
county shall make all placement decisions for clients assessed by assessors under this paragraph.
History: 2007 c 147 art 12 s 10