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S.F. No. 2902 - Civil Commitment Modifications and Updates (1st Engrossment)
 
Author: Senator Jerry Relph
 
Prepared By: Priyanka Premo, Senate Counsel (651/296-3914)
 
Date: March 3, 2020



 

Overview

SF 2902 updates provisions governing civil commitment under Chapter 253B and Chapter 253D. This bill updates terminology, makes technical and conforming changes, clarifies existing provisions, replaces court-ordered early intervention with county-based engagement services, expands the definition of a health officer to include all mental health professionals, and makes a distinction between an examiner and a court examiner.

Summary

Sec. 1. Community-based treatment program. Amends section 253B.02, subdivision 4b. Clarifies definition. Adds specific services to the definition of “community-based treatment program” and excludes services provided by a state-operated treatment program.

Sec. 2. Examiner. Amends section 253B.02, subdivision 7. Modifies definition of “examiner” by clarifying and expanding the list of who may serve as an examiner.

Sec. 3. Court examiner. Amends section 253B.02 by adding subdivision 7a. Adds a definition of “court examiner” to the civil commitment chapter.

Sec. 4. Head of the facility or program. Amends section 253B.02, subdivision 8. Clarifies definition and changes terminology to “head of the facility or program.”

Sec. 5. Health officer. Amends section 253B.02, subdivision 9. Clarifies and expands the list of individuals who may qualify as a health officer.

Sec. 6. Interested person. Amends section 253B.02, subdivision 10. Clarifies that an “interested person” is an adult with a specific interest in the patient or proposed patient. Adds health care and mental health providers to the definition.

Sec. 7. Person who poses a risk of harm due to a mental illness. Amends section 253B.02, subdivision 13. Modifies terminology from a “person who is mentally ill” to a “person who poses a risk of harm due to a mental illness.” Makes conforming and clarifying changes.

Sec. 8. Peace officer. Amends section 253B.02, subdivision 16. Adds deputy sheriffs to the definition of “peace officer.”

Sec. 9. Person who has a mental illness and is dangerous to the public. Amends section 253B.02, subdivision 17. Changes terminology from “person who is mentally ill and dangerous to the public” to “person who has a mental illness and is dangerous to the public.” Adds the same definition of mental illness from the definition of “person who poses a risk of harm due to a mental illness” (see sec. 7). Removes paragraph (b) regarding persons committed as sexually dangerous or as having a sexual psychopathic personality.

Sec. 10. State-operated treatment program. Amends section 253B.02, subdivision 18. Modifies terminology from “regional treatment center” to “state-operated treatment program.” Clarifies programs included in definition.

Sec. 11. Treatment facility. Amends section 253B.02, subdivision 19. Updates terminology and clarifies facilities included in definition.

Sec. 12. Pass. Amends section 253B.02, subdivision 21. Updates terminology.

Sec. 13. Pass plan. Amends section 253B.02, subdivision 22. Updates terminology.

Sec. 14. Pass-eligible status. Amends section 253B.02, subdivision 23. Updates terminology.

Sec. 15. Restraints. Amends section 253B.03, subdivision 1. Updates terminology; adds the head of the state-operated treatment program, for clarity.

Sec. 16. Correspondence. Amends section 253B.03, subdivision 2. Updates terminology; adds the head of the state-operated treatment program, for clarity.

Sec. 17. Visitors and phone calls. Amends section 253B.03, subdivision 3. Adds the head of the state-operated treatment program, for clarity.

Sec. 18. Disclosure of patient’s admission. Amends section 253B.03, subdivision 4a. Updates terminology; adds state-operated treatment program, for clarity.

Sec. 19. Periodic assessment. Amends section 253B.03, subdivision 5. Updates terminology and makes clarifying changes. Deletes a cross-reference to a repealed administrative rule.

Sec. 20. Consent for medical procedure. Amends section 253B.03, subdivision 6. Updates terminology. Makes clarifying changes. Provides that a person appointed the patient’s power of attorney or the patient’s agent under a health care directive may provide informed consent on behalf of a patient who is unable to provide consent.

Sec. 21. Consent for mental health treatment. Amends section 253B.03, subdivision 6b. Updates terminology.

Sec. 22. Adult mental health treatment. Amends section 253B.03, subdivision 6d. Updates terminology. Clarifies that a declaration of preferences or instructions may include health care or psychiatric directives. Removes duplicative language. Authorizes intrusive treatment against a committed patient’s express wishes if an emergency has been declared under section 253B.092, subdivision 3.

Sec. 23. Treatment plan. Amends section 253B.03, subdivision 7. Updates terminology; adds the head of the state-operated or community-based treatment program; clarifies requirements for development and review of treatment plans.

Sec. 24. Notification. Amends section 253B.03, subdivision 10. Updates terminology; clarifies that notification requirements apply to state-operated treatment programs and persons temporarily confined.

Sec. 25. Voluntary admission and treatment. Amends section 253B.04, subdivision 1. Updates terminology and references; adds professional organizations whose inpatient admission standards may be used.

Sec. 26. Voluntary treatment or admission for persons with a mental illness. Amends section 253B.04, subdivision 1a. Updates terminology, makes clarifying changes. Removes language limiting the administration of neuroleptic medications.

Sec. 27. Release. Amends section 253B.04, subdivision 2. Updates terminology, makes clarifying changes.

Sec. 28. Services for engagement in treatment. Proposes coding for section 253B.041.

Subdivision 1. Eligibility. Describes the purpose of engagement services—to avoid civil commitment and enable voluntary engagement with treatment; authorizes an interested person to request engagement services from the county where the proposed patient resides. Lists eligibility requirements for engagement services.

Subdivision 2. Administration. Requires the county prepetition screening team to determine whether an individual is eligible for engagement services. Requires engagement services to begin if the individual is eligible. Provides minimally acceptable engagement services. Specifies that engagement services must consider patient preferences. Authorizes counties to contract with other agencies to provide services. Specifies staff requirements. Requires engagement services staff to facilitate referrals for mental health treatment, assist patients with obtaining health insurance, and conduct outreach efforts.

Subdivision 3. Commitment. Allows for engagement services to cease if a patient is in need of commitment. Specifies procedures for this scenario.

Subdivision 4. Evaluation. Permits, but does not require, counties to provide engagement services. Permits the commissioner of human services to conduct an engagement services pilot project evaluation.

Sec. 29. Facilities. Amends section 253B.045, subdivision 2. Updates terminology and references; removes provision related to costs for temporary confinement in a Department of Corrections facility, which cites repealed subdivision.

Sec. 30. Cost of care. Amends section 253B.045, subdivision 3. Updates terminology.

Sec. 31. Health plan company; definition. Amends section 253B.045, subdivision 5. Removes children’s mental health collaboratives from definition of “health plan company.”

Sec. 32. Coverage. Amends section 253B.045, subdivision 6. Removes specific procedural requirements under current law related to the requirement that health plan companies provide coverage for court-ordered mental health services.

Sec. 33. Emergency admission. Proposes coding for section 253B.051. Replaces, reorganizes, and updates provisions of section 253B.05 related to emergency admission that are repealed in this bill.

Subdivision 1. Peace officer or health officer authority. Specifies the circumstances under which a peace officer or health officer may take a person into custody and transport the person to an examiner or treatment program or facility, or to the person’s home. Specifies that an examiner’s written statement is sufficient authority for a peace officer or health officer to take a person into custody and transport the person to a treatment facility or program. Requires a peace officer or health officer who takes a person into custody and transports that person to make a written application for that person’s admission; specifies what the written application must include. Requires a copy of the examiner’s written statement to be made available to the person taken into custody. Allows the officer to personally provide transportation or arrange for other suitable transportation; specifies that, if possible, the officer must not be in uniform and must not use a visibly marked law enforcement vehicle.

Subdivision 2. Emergency hold. Allows a treatment facility, state-operated treatment program, or community-based treatment program, other than a Minnesota Sex Offender Program facility, to admit or hold a patient for emergency care and treatment under specified circumstances. Specifies requirements for an examiner’s written statement to hold a patient. If applicable, requires the examiner to make a good faith effort to obtain and consider information from a person who previously brought the person to a treatment program or facility, prior to writing the statement for an emergency hold. Specifies what the statement must include. Requires the examiner to inquire about health care and advance psychiatric directives. Requires the facility or program to give a copy of the written statement to the patient immediately upon initiating the emergency hold, and to maintain a copy. Requires the facility or program to provide notice to the patient in writing of the right to leave after 72 hours, the right to a medical examination within 48 hours, and the right to request a change to voluntary status. Prohibits the facility or program from allowing or requiring the patient’s consent to participate in a clinical drug trial during an emergency admission or hold. Specifies that this does not apply to a clinical drug trial in which the patient was participating at the time the emergency admission or hold was initiated.

Subdivision 3. Duration of hold, release procedures, and change of status. Requires a determination about the need for an emergency hold as soon as possible, or within 12 hours of the person’s arrival at a treatment facility or program. Specifies that the peace officer’s or health officer’s hold ends upon whichever of the following occurs first: (1) initiation of an emergency hold; (2) voluntary admission; (3) an examiner’s decision not to admit the person; or (4) 12 hours after the person’s arrival. Allows a facility or program to hold a patient for up to 72 hours after the examiner signs the written statement for an emergency hold. Requires release unless the facility or program obtains a court order to hold the patient but prohibits a consecutive emergency hold. Allows a court to issue a judicial hold if the interested person files a petition to civilly commit a person. Prohibits a court from releasing a patient under a 72-hour hold unless the court receives a written petition for release and holds a summary hearing. Specifies what the written petition for release must include, and the procedures the court must follow upon receiving such petition. Requires the head of the treatment facility or program to immediately notify the agency that employs the peace officer or health officer who initiated the emergency hold if: (1) a facility or program releases a patient during the 72-hour hold; (2) the examiner does not admit the patient; or (3) the patient leaves without consent. Exempts a treatment facility or program from the notice requirement, unless notice is requested, if a patient is held for detoxification and is no longer a danger to self or others. Requires a patient’s status change to voluntary upon the patient’s written request and the head of the facility or program’s consent.

Sec. 34. Persons with mental illness or developmental disability. Amends section 253B.06, subdivision 1. Updates terminology and makes clarifying changes.

Sec. 35. Chemically dependent persons. Amends section 253B.06, subdivision 2. Updates terminology and makes clarifying changes.

Sec. 36. Discharge. Amends section 253B.06, subdivision 3. Updates terminology and references. Makes clarifying changes.

Sec. 37. Prepetition screening. Amends section 253B.07, subdivision 1. Updates terminology and references. Makes clarifying changes to the requirements for prepetition screenings. Specifies that in-person interviews are preferred, if practicable, but not required. Specifies that the screening team should seek input from a proposed patient’s health plan to provide the court with the patient’s relevant treatment history and current treatment providers. Requires notice of the prepetition team’s decision to any specific individuals identified in the examiner’s statement.

Sec. 38. The petition. Amends section 253B.07, subdivision 2. Updates terminology and makes clarifying changes.

Sec. 39. Petition originating from criminal proceedings. Amends section 253B.07, subdivision 2a. Specifies that only a court examiner may conduct an assessment as described in the Minnesota Rules of Criminal Procedure. Specifies that when a county is ordered to consider civil commitment following an incompetency determination, the county in which the criminal matter is pending is responsible for conducting the prepetition screening and filing the commitment petition, if applicable, unless otherwise agreed to by county attorneys.

Sec. 40. Apprehend and hold orders. Amends section 253B.07, subdivision 2b. Updates terminology and references.

Sec. 41. Change of venue. Amends section 253B.07, subdivision 2d. For a motion to change venue, requires notice to the county attorney of the proposed county of venue. For a petition filed pursuant to the Rules of Criminal or Juvenile Procedure, requires agreement of the county attorney of the proposed county of venue.

Sec. 42. Court-appointed examiners. Amends section 253B.07, subdivision 3. Updates terminology.

Sec. 43. Prehearing examination; report. Amends section 253B.07, subdivision 5. Updates terminology.

Sec. 44. Preliminary hearing. Amends section 253B.07, subdivision 7. Updates terminology.

Sec. 45. Time for commitment hearing. Amends section 253B.08, subdivision 1. Updates terminology.

Sec. 46. Place of hearing. Amends section 253B.08, subdivision 2a. Updates terminology.

Sec. 47. Absence permitted. Amends section 253B.08, subdivision 5. Updates terminology.

Sec. 48. Witnesses. Amends section 253B.08, subdivision 5a. Updates terminology.

Sec. 49. Standard of proof. Amends section 253B.09, subdivision 1. Updates terminology. Authorizes commitment to both a treatment facility or program and to the commissioner of human services, in case a state-operated treatment program becomes the least restrictive alternative. Provides requirements for when a patient’s level of care needs change, including provisional discharge procedures.

Sec. 50. Findings. Amends section 253B.09, subdivision 2. Clarifies that a suitable location may be a person’s home.

Sec. 51. Reporting judicial commitments; private treatment program or facility. Amends section 253B.09, subdivision 3a. Updates terminology. Requires the court to send a copy of the commitment order to the commissioner, if a patient is committed to a state-operated treatment program.

Sec. 52. Initial commitment period. Amends section 253B.09, subdivision 5. Updates terminology.

Sec. 53. Administration of neuroleptic medication. Amends section 253B.092. Updates terminology and references. Makes clarifying changes. Authorizes a treating medical practitioner to continue administering neuroleptic medication to the patient through a hearing date or court order under certain circumstances. Specifies that only injectable neuroleptic medications may be used if physical force is required to administer the medication and specifies related requirements. Prohibits the use of a nasogastric tube to administer medication.

Sec. 54. Access to medical records. Amends section 253B.0921. Updates terminology.

Sec. 55. Duration. Amends section 253B.095, subdivision 3. Updates terminology. Clarifies standard for court to continue an order.

Sec. 56. Findings. Amends section 253B.097, subdivision 1. Updates terminology.

Sec. 57. Case manager. Amends section 253B.097, subdivision 2. Updates terminology.

Sec. 58. Reports. Amends section 253B.097, subdivision 3. Makes clarifying change.

Sec. 59. Immunity from liability. Amends section 253B.097, subdivision 6. Updates terminology.

Sec. 60. Procedures upon commitment. Amends section 253B.10.

Subdivision 1. Administrative requirements. Updates terminology. Removes specific requirement for information sharing by the head of the treatment facility or program to staff.

Subdivision 2. Transportation. Updates terminology. Authorizes patient transport via protected transport provider.

Subdivision 3. Notice of admission. Updates terminology.

Subdivision 3a. Interim custody and treatment of committed person. Specifies that if a patient is residing in a facility or program, a commitment order constitutes authority for the facility or program to confine and provide treatment to the patient until the patient is transferred to the facility or program to which the patient has been committed.

Subdivision 4. Private treatment. Updates terminology.

Subdivision 5. Transfer to voluntary status. Updates terminology.

Sec. 61. Reports. Amends section 253B.12, subdivision 1. Updates terminology and makes clarifying changes. Requires report to include a patient statement related to accepting treatment, if possible. Clarifies that discharge is not required if the patient choose to voluntarily receive services. Provides procedures for when a written report from the head of the treatment facility or program is not filed in a timely manner.

Sec. 62. Examination. Amends section 253B.12, subdivision 3. Updates terminology

Sec. 63. Hearing; standard of proof. Amends section 253B.12, subdivision 4. Updates terminology.

Sec. 64. Record required. Amends section 253B.12, subdivision 7. Makes clarifying changes. Requires that a copy of a final order for continued commitment be given to a patient who has been provisionally discharged and the agency responsible for monitoring the provisional discharge.

Sec. 65. Persons with mental illness or chemical dependency. Amends section 253B.13, subdivision 1. Updates terminology. Authorizes current commitment to be extended for up to 14 days so a hearing for a continued commitment may be completed, under specified circumstances.

Sec. 66. Transfer of committed persons. Amends section 253B.14. Updates terminology.

Sec. 67. Authority to detain and transport a missing patient. Amends section 253B.141. Updates terminology and makes clarifying changes.

Sec. 68. Provisional discharge. Amends section 253B.15, subdivision 1. Updates terminology and makes clarifying changes. Authorizes head of a non-state-operated treatment facility or program to provisionally discharge a patient. Requires provisional discharge plan to be developed with input from the patient and the designated agency.

Sec. 69. Representative of designated agency. Amends section 253B.15, subdivision 1a. Updates terminology.

Sec. 70. Revocation of provisional discharge. Amends section 253B.15, subdivision 2. Clarifies provisions governing circumstances for provisional discharge revocation.

Sec. 71. Procedure; notice. Amends section 253B.15, subdivision 3. Clarifies that notice of intent to revoke provisional discharge must be sent to the facility or program from which the patient was provisionally discharged and the current community services provider.

Sec. 72. Report to the court. Amends section 253B.15, subdivision 3a. Makes clarifying changes.

Sec. 73. Review. Amends section 253B.15, subdivision 3b. Makes clarifying changes.

Sec. 74. Hearing. Amends section 253B.15, subdivision 3c. Makes clarifying changes.

Sec. 75. Return to facility. Amends section 253B.15, subdivision 5. Updates terminology and makes clarifying changes.

Sec. 76. Modification and extension of provisional discharge. Amends section 253B.15, subdivision 7. Updates terminology. Clarifies required procedures for a designated agency to extend a provisional discharge. Authorizes input from patient, community-based treatment team, or other persons chosen by the patient.

Sec. 77. Provisional discharge extension. Amends section 253B.15 by adding subdivision 8a. Authorizes provisional discharge to automatically continue for the duration of a new or extended commitment, if a court extends the commitment or issues a new commitment order, unless otherwise provided by the order or the provisional discharge is revoked.

Sec. 78. Expiration of provisional discharge. Amends section 253B.15, subdivision 9. Makes clarifying changes.

Sec. 79. Voluntary return. Amends section 253B.15, subdivision 10. Updates terminology.

Sec. 80. Discharge of committed persons. Amends section 253B.16. Updates terminology and makes clarifying changes. Removes specific procedural requirements for providing notice.

Sec. 81. Release; judicial determination. Amends section 253B.17. Updates terminology and makes clarifying changes.

Sec. 82. Procedure. Amends section 253B.18, subdivision 1. Updates terminology.

Sec. 83. Review; hearing. Amends section 253B.18, subdivision 2. Updates terminology.

Sec. 84. Indeterminate commitment. Amends section 253B.18, subdivision 3. Updates terminology.

Sec. 85. Release on pass; notification. Amends section 253B.18, subdivision 4a. Updates terminology.

Sec. 86. Pass-eligible; notification. Amends section 253B.18, subdivision 4b. Updates terminology and organization.

Sec. 87. Special review board. Amends section 253B.18, subdivision 4c. Updates terminology.

Sec. 88. Petition; notice of hearing; attendance; order. Amends section 253B.18, subdivision 5. Updates terminology and makes clarifying change.

Sec. 89. Victim notification of petition and release; right to release statement. Amends section 253B.18, subdivision 5a. Updates terminology.

Sec. 90. Transfer. Amends section 253B.118, subdivision 6. Updates terminology.

Sec. 91. Provisional discharge. Amends section 253B.18, subdivision 7. Updates terminology.

Sec. 92. Provisional discharge plan. Amends section 253B.18, subdivision 8. Updates terminology and makes clarifying changes.

Sec. 93. Provisional discharge; revocation. Amends section 253B.18, subdivision 10. Updates terminology and makes clarifying changes.

Sec. 94. Exceptions. Amends section 253B.18, subdivision 11. Updates terminology and makes clarifying changes.

Sec. 95. Return of patient. Amends section 253B.18, subdivision 12. Updates terminology and makes clarifying changes.

Sec. 96. Voluntary readmission. Amends section 253B.18, subdivision 14. Updates terminology.

Sec. 97. Discharge. Amends section 253B.18, subdivision 15. Updates terminology.

Sec. 98. Petition; hearing. Amends section 253B.19, subdivision 2. Updates terminology.

Sec. 99. Notice to court. Amends section 253B.20, subdivision 1. Updates terminology.

Sec. 100. Necessities. Amends section 253B.20, subdivision 2. Updates terminology.

Sec. 101. Notice to designated agency. Amends section 253B.20, subdivision 3. Updates terminology.

Sec. 102. Aftercare services. Amends section 253B.20, subdivision 4. Updates terminology. Specifies that a mental health professional (rather than “physician”) may be included in establishing an aftercare services plan.

Sec. 103. Notice to mental health professional. Amends section 253B.20, subdivision 6. Updates terminology. Requires notice of discharge to a patient’s mental health professional (rather than “physician”).

Sec. 104. Administrative procedures. Amends section 253B.21, subdivision 1. Updates terminology.

Sec. 105. Applicable regulations. Amends section 253B.21, subdivision 2. Updates terminology.

Sec. 106. Powers. Amends section 253B.21, subdivision 3. Updates terminology.

Sec. 107. Cost of care; commitment by tribal court order; Red Lake Band of Chippewa Indians. Amends section 253B.212, subdivision 1. Updates terminology and cross-reference.

Sec. 108. Cost of care; commitment by tribal court order; White Earth Band of Ojibwe Indians. Amends section 253B.212, subdivision 1a. Updates terminology and cross-reference.

Sec. 109. Cost of care; commitment by tribal court order; any federally recognized Indian tribe within the state of Minnesota. Amends section 253B.212, subdivision 1b. Updates terminology and cross-reference.

Sec. 110. Effect given to tribal commitment order. Amends section 253B.212, subdivision 2. Updates terminology.

Sec. 111. Establishment. Amends section 253B.22, subdivision 1. Specifies state-operated treatment facilities and programs for which review boards must be established. Makes clarifying changes.

Sec. 112. Right to appear. Amends section 253B.22, subdivision 2. Updates terminology and makes clarifying change.

Sec. 113. Notice. Amends section 253B.22, subdivision 3. Updates terminology and makes clarifying changes.

Sec. 114. Review. Amends section 253B.22, subdivision 4. Updates terminology.

Sec. 115. Costs of hearings. Amends section 253B.23, subdivision 1. Updates terminology.

Sec. 116. Responsibility for conducting prepetition screening and filing commitment petitions. Amends section 253B.23, subdivision 1b. Removes references to early intervention (changed to engagement services in this bill).

Sec. 117. Legal results of commitment status. Amends section 253B.23, subdivision 2. Updates terminology.

Sec. 118. Transmittal of data to national instant criminal background check system. Amends section 253B.24. Updates terminology.

Sec. 119. Court examiner. Amends section 253D.02, subdivision 6. Updates terminology.

Sec. 120. Petition. Amends section 253D.07, subdivision 2. Makes clarifying changes.

Sec. 121. Correctional facilities. Amends section 253D.10, subdivision 2. Assigns to the county and Department of Human Services financial responsibility for costs of temporary confinement in a correctional facility as allowed for sex offender civil commitment under this section.

Sec. 122. Procedure. Amends section 253D.28, subdivision 2. Updates terminology.

Sec. 123. Revisor instruction. Instructs the revisor of statutes to renumber subdivisions in the definitions section of Chapter 253B to make them alphabetical, and correct cross-references as necessary.

Sec. 124. Repealer. Repeals the following sections:

  • 253B.02, subdivisions 6 and 12a (definitions for “emergency treatment” and “mental illness”);
  • 253B.05, subdivisions 1, 2, 2b, 3, and 4 (emergency admissions);
  • 253B.064, 253B.065, and 253B.066 (court-ordered early intervention);
  • 253B.09, subdivision 3 (patient financial determination);
  • 253B.12, subdivision 2 (basis for discharge);
  • 253B.15, subdivision 11 (partial institutionalization); and
  • 253B.20, subdivision 7 (request for services after discharge)
 
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