Minnesota Statutes 2023, Chapter 253B

CHAPTER 253B

CIVIL COMMITMENT

CITATION.253B.01

DEFINITIONS.253B.02

RIGHTS OF PATIENTS.253B.03

VOLUNTARY TREATMENT AND ADMISSION

PROCEDURES.

253B.04

SERVICES FOR ENGAGEMENT IN TREATMENT.253B.041

TEMPORARY CONFINEMENT.253B.045

EMERGENCY ADMISSION.253B.051

INITIAL ASSESSMENT.253B.06

JUDICIAL COMMITMENT; PRELIMINARY

PROCEDURES.

253B.07

JUDICIAL COMMITMENT; HEARING

PROCEDURES.

253B.08

DECISION; STANDARD OF PROOF; DURATION.253B.09

ADMINISTRATION OF NEUROLEPTIC

MEDICATION.

253B.092

ACCESS TO MEDICAL RECORDS.253B.0921

RELEASE BEFORE COMMITMENT.253B.095

COMMUNITY-BASED TREATMENT.253B.097

PROCEDURES UPON COMMITMENT.253B.10

TREATMENT REPORT; REVIEW; HEARING.253B.12

DURATION OF CONTINUED COMMITMENT.253B.13

TRANSFER OF COMMITTED PERSONS.253B.14

AUTHORITY TO DETAIN AND TRANSPORT A

MISSING PATIENT.

253B.141

PROVISIONAL DISCHARGE; PARTIAL

INSTITUTIONALIZATION.

253B.15

DISCHARGE OF COMMITTED PERSONS.253B.16

RELEASE; JUDICIAL DETERMINATION.253B.17

PERSONS WHO ARE MENTALLY ILL AND

DANGEROUS TO THE PUBLIC.

253B.18

JUDICIAL APPEAL PANEL; PATIENTS WHO ARE

MENTALLY ILL AND DANGEROUS TO THE

PUBLIC.

253B.19

DISCHARGE; ADMINISTRATIVE PROCEDURE.253B.20

COMMITMENT TO AN AGENCY OF THE UNITED

STATES.

253B.21

COMMITMENT; RED LAKE BAND OF CHIPPEWA

INDIANS; WHITE EARTH BAND OF OJIBWE.

253B.212

REVIEW BOARDS.253B.22

GENERAL PROVISIONS.253B.23

TRANSMITTAL OF DATA TO NATIONAL INSTANT

CRIMINAL BACKGROUND CHECK SYSTEM.

253B.24

253B.001 MS 2006 [Renumbered 15.001]

253B.01 CITATION.

This chapter may be cited as the "Minnesota Commitment and Treatment Act."

History: 1982 c 581 s 1; 1997 c 217 art 1 s 5

253B.02 DEFINITIONS.

Subdivision 1. Definitions. For purposes of this chapter, the terms defined in this section have the

meanings given them.

Subd. 1a. Case manager. "Case manager" has the definition given in section 245.462, subdivision 4,

for persons with mental illness.

Subd. 2. Chemically dependent person. "Chemically dependent person" means any person (a) determined

as being incapable of self-management or management of personal affairs by reason of the habitual and

excessive use of alcohol, drugs, or other mind-altering substances; and (b) whose recent conduct as a result

of habitual and excessive use of alcohol, drugs, or other mind-altering substances poses a substantial likelihood

of physical harm to self or others as demonstrated by (i) a recent attempt or threat to physically harm self

or others, (ii) evidence of recent serious physical problems, or (iii) a failure to obtain necessary food, clothing,

shelter, or medical care. "Chemically dependent person" also means a pregnant woman who has engaged

during the pregnancy in habitual or excessive use, for a nonmedical purpose, of any of the following substances

or their derivatives: opium, cocaine, heroin, phencyclidine, methamphetamine, amphetamine,

tetrahydrocannabinol, or alcohol.

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Subd. 3. Commissioner. "Commissioner" means the commissioner of human services or the

commissioner's designee.

Subd. 4. Committing court. "Committing court" means the district court where a petition for commitment

was decided. In a case where commitment proceedings are commenced following an acquittal of a crime or

offense under section 611.026, "committing court" means the district court in which the acquittal took place.

Subd. 4a. MS 2018 [Renumbered subd 4e]

Subd. 4b. Community-based treatment program. "Community-based treatment program" means

treatment and services provided at the community level, including but not limited to community support

services programs defined in section 245.462, subdivision 6; day treatment services defined in section

245.462, subdivision 8; outpatient services defined in section 245.462, subdivision 21; mental health crisis

services under section 245.462, subdivision 14c; outpatient services defined in section 245.462, subdivision

21; assertive community treatment services under section 256B.0622; adult rehabilitation mental health

services under section 256B.0623; home and community-based waivers; supportive housing; and residential

treatment services as defined in section 245.462, subdivision 23. Community-based treatment program

excludes services provided by a state-operated treatment program.

Subd. 4c. County of financial responsibility. (a) "County of financial responsibility" has the meaning

specified in chapter 256G. This definition does not require that the person qualifies for or receives any other

form of financial, medical, or social service assistance in addition to the services under this chapter. Disputes

about the county of financial responsibility shall be submitted to the commissioner of human services to be

determined in the manner prescribed in section 256G.09.

(b) For purposes of proper venue for filing a petition pursuant to section 253B.064, subdivision 1,

paragraph (a); 253B.07, subdivision 1, paragraph (a); or 253D.07, where the designated agency of a county

has determined that it is the county of financial responsibility, then that county is the county of financial

responsibility until a different determination is made by the appropriate county agencies or the commissioner

pursuant to chapter 256G.

Subd. 4d. Court examiner. "Court examiner" means a person appointed to serve the court, and who is

a physician or licensed psychologist who has a doctoral degree in psychology.

Subd. 4e. Crime against the person. "Crime against the person" means a violation of or attempt to

violate any of the following provisions: sections 609.185 (murder in the first degree); 609.19 (murder in the

second degree); 609.195 (murder in the third degree); 609.20 (manslaughter in the first degree); 609.205

(manslaughter in the second degree); 609.2112, 609.2113, or 609.2114 (criminal vehicular homicide or

injury); 609.215 (suicide); 609.221 (assault in the first degree); 609.222 (assault in the second degree);

609.223 (assault in the third degree); 609.224 (assault in the fifth degree); 609.2242 (domestic assault);

609.23 (mistreatment of persons confined); 609.231 (mistreatment of residents or patients); 609.2325

(criminal abuse); 609.233 (criminal neglect); 609.2335 (financial exploitation of a vulnerable adult); 609.235

(use of drugs to injure or facilitate crime); 609.24 (simple robbery); 609.245 (aggravated robbery); 609.247

(carjacking); 609.25 (kidnapping); 609.255 (false imprisonment); 609.265 (abduction); 609.27, subdivision

1, clause (1) or (2) (coercion); 609.28 (interfering with religious observance) if violence or threats of violence

were used; 609.322, subdivision 1, paragraph (a), clause (2) (solicitation); 609.342 (criminal sexual conduct

in the first degree); 609.343 (criminal sexual conduct in the second degree); 609.344 (criminal sexual conduct

in the third degree); 609.345 (criminal sexual conduct in the fourth degree); 609.3458 (sexual extortion);

609.365 (incest); 609.498, subdivision 1 (tampering with a witness); 609.50, clause (1) (obstructing legal

process, arrest, and firefighting); 609.561 (arson in the first degree); 609.562 (arson in the second degree);

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609.595 (damage to property); and 609.72, subdivision 3 (disorderly conduct by a caregiver); and Minnesota

Statutes 2012, section 609.21.

Subd. 5. Designated agency. "Designated agency" means an agency selected by the county board to

provide the social services required under this chapter.

Subd. 6. MS 2018 [Repealed, 1Sp2020 c 2 art 6 s 124]

Subd. 7. Examiner. "Examiner" means a person who is knowledgeable, trained, and practicing in the

diagnosis and assessment or in the treatment of the alleged impairment, and who is a licensed physician; a

mental health professional as defined in section 245.462, subdivision 18, clauses (1) to (6); a licensed

physician assistant; or an advanced practice registered nurse (APRN) as defined in section 148.171,

subdivision 3, who is practicing in the emergency room of a hospital, so long as the hospital has a process

for credentialing and recredentialing any APRN acting as an examiner in an emergency room.

Subd. 7a. MS 2012 [Renumbered 253D.02, subd 8]

Subd. 8. Head of the facility or program. "Head of the facility or program" means the person who is

charged with overall responsibility for the professional program of care and treatment of the treatment

facility, state-operated treatment program, or community-based treatment program.

Subd. 9. Health officer. "Health officer" means:

(1) a licensed physician;

(2) a mental health professional as defined in section 245.462, subdivision 18, clauses (1) to (6);

(3) a licensed social worker;

(4) a registered nurse working in an emergency room of a hospital;

(5) an advanced practice registered nurse (APRN) as defined in section 148.171, subdivision 3;

(6) a physician assistant as defined in section 147A.01, subdivision 18;

(7) a mental health practitioner as defined in section 245.462, subdivision 17, providing mental health

mobile crisis intervention services as described under section 256B.0624 with the consultation and approval

by a mental health professional; or

(8) a formally designated member of a prepetition screening unit established by section 253B.07.

Subd. 10. Interested person. "Interested person" means:

(1) an adult who has a specific interest in the patient or proposed patient, including but not limited to a

public official, including a local welfare agency acting under section 260E.31; a health care or mental health

provider or the provider's employee or agent; the legal guardian, spouse, parent, legal counsel, adult child,

or next of kin; or other person designated by a patient or proposed patient; or

(2) a health plan company that is providing coverage for a proposed patient.

Subd. 10a. Licensed physician. "Licensed physician" means a person licensed in Minnesota to practice

medicine or a medical officer of the government of the United States in performance of official duties.

Subd. 11. Licensed psychologist. "Licensed psychologist" means a person licensed by the Board of

Psychology and possessing the qualifications for licensure provided in section 148.907.

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Subd. 12. MS 2018 [Renumbered subd 10a]

Subd. 12a. MS 2018 [Repealed, 1Sp2020 c 2 art 6 s 124]

Subd. 12b. Pass. "Pass" means any authorized temporary, unsupervised absence from a state-operated

treatment program.

Subd. 13. MS 2018 [Renumbered subd 17a]

Subd. 13a. Pass plan. "Pass plan" means the part of a treatment plan for a patient who has been committed

as a person who has a mental illness and is dangerous to the public that specifies the terms and conditions

under which the patient may be released on a pass.

Subd. 14. MS 2018 [Renumbered subd 17b]

Subd. 14a. Pass-eligible status. "Pass-eligible status" means the status under which a patient committed

as a person who has a mental illness and is dangerous to the public may be released on passes after approval

of a pass plan by the head of a state-operated treatment program.

Subd. 15. Patient. "Patient" means any person who is receiving treatment or committed under this

chapter.

Subd. 16. Peace officer. "Peace officer" means a sheriff or deputy sheriff, or municipal or other local

police officer, or a State Patrol officer when engaged in the authorized duties of office.

Subd. 17. Person who has a mental illness and is dangerous to the public. A "person who has a

mental illness and is dangerous to the public" is a person:

(1) who has an organic disorder of the brain or a substantial psychiatric disorder of thought, mood,

perception, orientation, or memory that grossly impairs judgment, behavior, capacity to recognize reality,

or to reason or understand, and is manifested by instances of grossly disturbed behavior or faulty perceptions;

and

(2) who as a result of that impairment presents a clear danger to the safety of others as demonstrated by

the facts that (i) the person has engaged in an overt act causing or attempting to cause serious physical harm

to another and (ii) there is a substantial likelihood that the person will engage in acts capable of inflicting

serious physical harm on another.

Subd. 17a. Person who poses a risk of harm due to a mental illness. (a) A "person who poses a risk

of harm due to a mental illness" means any person who has an organic disorder of the brain or a substantial

psychiatric disorder of thought, mood, perception, orientation, or memory that grossly impairs judgment,

behavior, capacity to recognize reality, or to reason or understand, that is manifested by instances of grossly

disturbed behavior or faulty perceptions and who, due to this impairment, poses a substantial likelihood of

physical harm to self or others as demonstrated by:

(1) a failure to obtain necessary food, clothing, shelter, or medical care as a result of the impairment;

(2) an inability for reasons other than indigence to obtain necessary food, clothing, shelter, or medical

care as a result of the impairment and it is more probable than not that the person will suffer substantial

harm, significant psychiatric deterioration or debilitation, or serious illness, unless appropriate treatment

and services are provided;

(3) a recent attempt or threat to physically harm self or others; or

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(4) recent and volitional conduct involving significant damage to substantial property.

(b) A person does not pose a risk of harm due to mental illness under this section if the person's

impairment is solely due to:

(1) epilepsy;

(2) developmental disability;

(3) brief periods of intoxication caused by alcohol, drugs, or other mind-altering substances; or

(4) dependence upon or addiction to any alcohol, drugs, or other mind-altering substances.

Subd. 17b. Person with a developmental disability. "Person with a developmental disability" means

any person:

(1) who has been diagnosed as having significantly subaverage intellectual functioning existing

concurrently with demonstrated deficits in adaptive behavior and who manifests these conditions prior to

the person's 22nd birthday; and

(2) whose recent conduct is a result of a developmental disability and poses a substantial likelihood of

physical harm to self or others in that there has been (i) a recent attempt or threat to physically harm self or

others, or (ii) a failure and inability to obtain necessary food, clothing, shelter, safety, or medical care.

Subd. 18. MS 2018 [Renumbered subd 18d]

Subd. 18a. Secure treatment facility. "Secure treatment facility" means the Minnesota Security Hospital

but does not include services or programs administered by the Minnesota Security Hospital outside a secure

environment.

Subd. 18b. MS 2012 [Renumbered 253D.02, subd 15]

Subd. 18c. MS 2012 [Renumbered 253D.02, subd 16]

Subd. 18d. State-operated treatment program. "State-operated treatment program" means any

state-operated program including community behavioral health hospitals, crisis centers, residential facilities,

outpatient services, and other community-based services developed and operated by the state and under the

commissioner's control for a person who has a mental illness, developmental disability, or chemical

dependency.

Subd. 19. Treatment facility. "Treatment facility" means a non-state-operated hospital, residential

treatment provider, crisis residential withdrawal management center, or corporate foster care home qualified

to provide care and treatment for persons who have a mental illness, developmental disability, or chemical

dependency.

Subd. 20. Verdict. "Verdict" means a jury verdict or a general finding by the trial court sitting without

a jury pursuant to the Rules of Criminal Procedure.

Subd. 21. MS 2018 [Renumbered subd 12b]

Subd. 22. MS 2018 [Renumbered subd 13a]

Subd. 23. MS 2018 [Renumbered subd 14a]

Subd. 24. MS 2012 [Renumbered 253D.02, subd 2]

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Subd. 25. MS 2012 [Renumbered 253D.02, subd 12]

Subd. 26. MS 2012 [Renumbered 253D.02, subd 14]

History: 1981 c 37 s 2; 1982 c 581 s 2; 1983 c 251 s 1-4; 1983 c 348 s 1-3; 1984 c 623 s 1-3; 1984 c

654 art 5 s 58; 1986 c 351 s 1; 1986 c 444; 1Sp1986 c 3 art 1 s 66; 1987 c 309 s 24; 1988 c 623 s 1-4; 1989

c 290 art 5 s 2,3; 1990 c 378 s 1; 1991 c 255 s 17,19; 1Sp1994 c 1 art 1 s 1-3; art 2 s 29; 1995 c 189 s8;

1995 c 229 art 4 s 12; 1995 c 259 art 3 s 2; 1996 c 277 s 1; 1996 c 424 s 23; 1997 c 217 art 1 s 6-18;

1Sp2001 c 9 art 9 s 20,21; 2002 c 221 s 18-21; 2002 c 379 art 1 s 113; 2003 c 22 s 1,2; 1Sp2003 c 14 art

6 s 44; 2004 c 288 art 3 s 14-16; 2005 c 56 s 1; 2005 c 165 art 3 s 1,2; 2006 c 260 art 2 s 18; 2007 c 69 s

1; 2009 c 159 s 87; 2010 c 299 s 14; 2010 c 357 s 1; 2011 c 86 s 5; 2013 c 49 s 1,2,22; 2017 c 40 art 1 s

121; 1Sp2020 c 2 art 6 s 1-14,123; 1Sp2021 c 11 art 4 s 31; 2022 c 58 s 122; 2023 c 52 art 20 s 9

253B.03 RIGHTS OF PATIENTS.

Subdivision 1. Restraints. (a) A patient has the right to be free from restraints. Restraints shall not be

applied to a patient in a treatment facility or state-operated treatment program unless the head of the treatment

facility, head of the state-operated treatment program, a member of the medical staff, or a licensed peace

officer who has custody of the patient determines that restraints are necessary for the safety of the patient

or others.

(b) Restraints shall not be applied to patients with developmental disabilities except as permitted under

section 245.825 and rules of the commissioner of human services. Consent must be obtained from the patient

or patient's guardian except for emergency procedures as permitted under rules of the commissioner adopted

under section 245.825.

the signature of the head of the treatment facility.

Subd. 1a. MS 2012 [Renumbered 253D.18]

Subd. 2. Correspondence. A patient has the right to correspond freely without censorship. The head of

the treatment facility or head of the state-operated treatment program may restrict correspondence if the

patient's medical welfare requires this restriction. For a patient in a state-operated treatment program, that

determination may be reviewed by the commissioner. Any limitation imposed on the exercise of a patient's

correspondence rights and the reason for it shall be made a part of the clinical record of the patient. Any

communication which is not delivered to a patient shall be immediately returned to the sender.

Subd. 3. Visitors and phone calls. Subject to the general rules of the treatment facility or state-operated

treatment program, a patient has the right to receive visitors and make phone calls. The head of the treatment

facility or head of the state-operated treatment program may restrict visits and phone calls on determining

that the medical welfare of the patient requires it. Any limitation imposed on the exercise of the patient's

visitation and phone call rights and the reason for it shall be made a part of the clinical record of the patient.

Subd. 4. Special visitation; religion. A patient has the right to meet with or call a personal physician,

advanced practice registered nurse, or physician assistant; spiritual advisor; and counsel at all reasonable

times. The patient has the right to continue the practice of religion.

Subd. 4a. Disclosure of patient's admission. Upon admission to a treatment facility or state-operated

treatment program where federal law prohibits unauthorized disclosure of patient or resident identifying

information to callers and visitors, the patient or resident, or the legal guardian of the patient or resident,

shall be given the opportunity to authorize disclosure of the patient's or resident's presence in the facility to

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callers and visitors who may seek to communicate with the patient or resident. To the extent possible, the

legal guardian of a patient or resident shall consider the opinions of the patient or resident regarding the

disclosure of the patient's or resident's presence in the facility.

Subd. 5. Periodic assessment. A patient has the right to periodic medical assessment, including

assessment of the medical necessity of continuing care and, if the treatment facility, state-operated treatment

program, or community-based treatment program declines to provide continuing care, the right to receive

specific written reasons why continuing care is declined at the time of the assessment. The treatment facility,

state-operated treatment program, or community-based treatment program shall assess the physical and

mental condition of every patient as frequently as necessary, but not less often than annually. If the patient

refuses to be examined, the treatment facility, state-operated treatment program, or community-based

treatment program shall document in the patient's chart its attempts to examine the patient. If a patient is

committed as developmentally disabled for an indeterminate period of time, the three-year judicial review

must include the annual reviews for each year regarding the patient's need for continued commitment.

Subd. 6. Consent for medical procedure. (a) A patient has the right to give prior consent to any medical

or surgical treatment, other than treatment for chemical dependency or nonintrusive treatment for mental

illness.

(b) The following procedures shall be used to obtain consent for any treatment necessary to preserve

the life or health of any committed patient:

(1) the written, informed consent of a competent adult patient for the treatment is sufficient;

(2) if the patient is subject to guardianship which includes the provision of medical care, the written,

informed consent of the guardian for the treatment is sufficient;

(3) if the head of the treatment facility or state-operated treatment program determines that the patient

is not competent to consent to the treatment and the patient has not been adjudicated incompetent, written,

informed consent for the surgery or medical treatment shall be obtained from the person appointed the health

care power of attorney, the patient's agent under the health care directive, or the nearest proper relative. For

this purpose, the following persons are proper relatives, in the order listed: the patient's spouse, parent, adult

child, or adult sibling. If the nearest proper relatives cannot be located, refuse to consent to the procedure,

or are unable to consent, the head of the treatment facility or state-operated treatment program or an interested

person may petition the committing court for approval for the treatment or may petition a court of competent

jurisdiction for the appointment of a guardian. The determination that the patient is not competent, and the

reasons for the determination, shall be documented in the patient's clinical record;

(4) consent to treatment of any minor patient shall be secured in accordance with sections 144.341 to

144.346. A minor 16 years of age or older may consent to hospitalization, routine diagnostic evaluation,

and emergency or short-term acute care; and

(5) in the case of an emergency when the persons ordinarily qualified to give consent cannot be located

in sufficient time to address the emergency need, the head of the treatment facility or state-operated treatment

program may give consent.

or criminally liable for the performance or the manner of performing the treatment. No person shall be liable

for performing treatment without consent if written, informed consent was given pursuant to this subdivision.

This provision shall not affect any other liability which may result from the manner in which the treatment

is performed.

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Subd. 6a. MS 1990 [Renumbered subd 6c]

Subd. 6a. Consent for treatment for developmental disability. A patient with a developmental

disability, or the patient's guardian, has the right to give or withhold consent before:

(1) the implementation of any aversive or deprivation procedure except for emergency procedures

permitted in rules of the commissioner adopted under section 245.825; or

(2) the administration of psychotropic medication.

Subd. 6b. Consent for mental health treatment. A competent patient admitted voluntarily to a treatment

facility or state-operated treatment program may be subjected to intrusive mental health treatment only with

the patient's written informed consent. For purposes of this section, "intrusive mental health treatment"

means electroconvulsive therapy and neuroleptic medication and does not include treatment for a

developmental disability. An incompetent patient who has prepared a directive under subdivision 6d regarding

intrusive mental health treatment must be treated in accordance with this section, except in cases of

emergencies.

Subd. 6c. [Repealed, 1997 c 217 art 1 s 118]

Subd. 6d. Adult mental health treatment. (a) A competent adult patient may make a declaration of

preferences or instructions regarding intrusive mental health treatment. These preferences or instructions

may include, but are not limited to, consent to or refusal of these treatments. A declaration of preferences

or instructions may include a health care directive under chapter 145C or a psychiatric directive.

(b) A declaration may designate a proxy to make decisions about intrusive mental health treatment. A

proxy designated to make decisions about intrusive mental health treatments and who agrees to serve as

proxy may make decisions on behalf of a declarant consistent with any desires the declarant expresses in

the declaration.

include a statement that they believe the declarant understands the nature and significance of the declaration.

A declaration becomes operative when it is delivered to the declarant's physician, advanced practice registered

nurse, physician assistant, or other mental health treatment provider. The physician, advanced practice

registered nurse, physician assistant, or provider must comply with the declaration to the fullest extent

possible, consistent with reasonable medical practice, the availability of treatments requested, and applicable

law. The physician, advanced practice registered nurse, physician assistant, or provider shall continue to

obtain the declarant's informed consent to all intrusive mental health treatment decisions if the declarant is

capable of informed consent. A treatment provider must not require a patient to make a declaration under

this subdivision as a condition of receiving services.

(d) The physician, advanced practice registered nurse, physician assistant, or other provider shall make

the declaration a part of the declarant's medical record. If the physician, advanced practice registered nurse,

physician assistant, or other provider is unwilling at any time to comply with the declaration, the physician,

advanced practice registered nurse, physician assistant, or provider must promptly notify the declarant and

document the notification in the declarant's medical record. The physician, advanced practice registered

nurse, physician assistant, or provider may subject the declarant to intrusive treatment in a manner contrary

to the declarant's expressed wishes, only if the declarant is committed as a person who poses a risk of harm

due to mental illness or as a person who has a mental illness and is dangerous to the public and a court order

authorizing the treatment has been issued or an emergency has been declared under section 253B.092,

subdivision 3.

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(e) A declaration under this subdivision may be revoked in whole or in part at any time and in any

manner by the declarant if the declarant is competent at the time of revocation. A revocation is effective

when a competent declarant communicates the revocation to the attending physician, advanced practice

registered nurse, physician assistant, or other provider. The attending physician, advanced practice registered

nurse, physician assistant, or other provider shall note the revocation as part of the declarant's medical record.

(f) A provider who administers intrusive mental health treatment according to and in good faith reliance

upon the validity of a declaration under this subdivision is held harmless from any liability resulting from

a subsequent finding of invalidity.

(g) In addition to making a declaration under this subdivision, a competent adult may delegate parental

powers under section 524.5-211 or may nominate a guardian under sections 524.5-101 to 524.5-502.

Subd. 7. Treatment plan. A patient receiving services under this chapter has the right to receive proper

care and treatment, best adapted, according to contemporary professional standards, to rendering further

supervision unnecessary. The treatment facility, state-operated treatment program, or community-based

treatment program shall devise a written treatment plan for each patient which describes in behavioral terms

the case problems, the precise goals, including the expected period of time for treatment, and the specific

measures to be employed. The development and review of treatment plans must be conducted as required

under the license or certification of the treatment facility, state-operated treatment program, or

community-based treatment program. If there are no review requirements under the license or certification,

the treatment plan must be reviewed quarterly. The treatment plan shall be devised and reviewed with the

designated agency and with the patient. The clinical record shall reflect the treatment plan review. If the

designated agency or the patient does not participate in the planning and review, the clinical record shall

include reasons for nonparticipation and the plans for future involvement. The commissioner shall monitor

the treatment plan and review process for state-operated treatment programs to ensure compliance with the

provisions of this subdivision.

Subd. 8. Medical records. A patient has the right to access to personal medical records. Notwithstanding

the provisions of section 144.292, every person subject to a proceeding or receiving services pursuant to

this chapter and the patient's attorney shall have complete access to all medical records relevant to the person's

commitment. A provider may require an attorney to provide evidence of representation of the patient or an

authorization signed by the patient.

Subd. 9. [Repealed, 1997 c 217 art 1 s 118]

Subd. 10. Notification. (a) All patients admitted or committed to a treatment facility or state-operated

treatment program, or temporarily confined under section 253B.045, shall be notified in writing of their

rights regarding hospitalization and other treatment.

(b) This notification must include:

(1) patient rights specified in this section and section 144.651, including nursing home discharge rights;

(2) the right to obtain treatment and services voluntarily under this chapter;

(3) the right to voluntary admission and release under section 253B.04;

(4) rights in case of an emergency admission under section 253B.051, including the right to documentation

in support of an emergency hold and the right to a summary hearing before a judge if the patient believes

an emergency hold is improper;

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(5) the right to request expedited review under section 62M.05 if additional days of inpatient stay are

denied;

(6) the right to continuing benefits pending appeal and to an expedited administrative hearing under

section 256.045 if the patient is a recipient of medical assistance or MinnesotaCare; and

(7) the right to an external appeal process under section 62Q.73, including the right to a second opinion.

Subd. 11. Proxy. A legally authorized health care proxy, agent, or guardian may exercise the patient's

rights on the patient's behalf.

History: 1982 c 581 s 3; 1983 c 251 s 5,6; 1986 c 444; 1987 c 185 art 2 s 2,3; 1988 c 623 s 5; 1988 c

689 art 2 s 118,119; 1989 c 282 art 2 s 100; 1990 c 568 art 5 s 31; 1991 c 148 s 2; 1993 c 54 s 4,5; 1995

c 136 s 5,6; 1995 c 189 s 2,3; 1997 c 217 art 1 s 19-28; 1998 c 313 s 1; 2001 c 26 s 1; 1Sp2001 c 9 art 9 s

22-24; 2002 c 379 art 1 s 11; 2004 c 146 art 3 s 21-25; 2004 c 288 art 3 s 17; 2005 c 56 s 1; 2007 c 147

art 10 s 15; 2013 c 49 s 3,22; 2016 c 158 art 2 s 50; 2020 c 115 art 4 s 100,101; 1Sp2020 c 2 art 6 s 15-24;

2022 c 58 s 123,124

253B.04 VOLUNTARY TREATMENT AND ADMISSION PROCEDURES.

Subdivision 1. Voluntary admission and treatment. (a) Voluntary admission is preferred over

involuntary commitment and treatment. Any person 16 years of age or older may request to be admitted to

a treatment facility or state-operated treatment program as a voluntary patient for observation, evaluation,

diagnosis, care and treatment without making formal written application. Any person under the age of 16

years may be admitted as a patient with the consent of a parent or legal guardian if it is determined by

independent examination that there is reasonable evidence that (1) the proposed patient has a mental illness,

developmental disability, or chemical dependency; and (2) the proposed patient is suitable for treatment.

The head of the treatment facility or head of the state-operated treatment program shall not arbitrarily refuse

any person seeking admission as a voluntary patient. In making decisions regarding admissions, the treatment

facility or state-operated treatment program shall use clinical admission criteria consistent with the current

applicable inpatient admission standards established by professional organizations including the American

Psychiatric Association, the American Academy of Child and Adolescent Psychiatry, the Joint Commission,

and the American Society of Addiction Medicine. These criteria must be no more restrictive than, and must

be consistent with, the requirements of section 62Q.53. The treatment facility or head of the state-operated

treatment program may not refuse to admit a person voluntarily solely because the person does not meet the

criteria for involuntary holds under section 253B.051 or the definition of a person who poses a risk of harm

due to mental illness under section 253B.02, subdivision 17a.

(b) In addition to the consent provisions of paragraph (a), a person who is 16 or 17 years of age who

refuses to consent personally to admission may be admitted as a patient for mental illness or chemical

dependency treatment with the consent of a parent or legal guardian if it is determined by an independent

examination that there is reasonable evidence that the proposed patient is chemically dependent or has a

mental illness and is suitable for treatment. The person conducting the examination shall notify the proposed

patient and the parent or legal guardian of this determination.

commitment under this chapter if the person:

(1) has given informed consent or, if lacking capacity, is a person for whom legally valid substitute

consent has been given; and

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(2) is participating in a medically appropriate course of treatment, including clinically appropriate and

lawful use of neuroleptic medication and electroconvulsive therapy. The limitation on commitment in this

paragraph does not apply if, based on clinical assessment, the court finds that it is unlikely that the patient

will remain in and cooperate with a medically appropriate course of treatment absent commitment and the

standards for commitment are otherwise met. This paragraph does not apply to a person for whom commitment

proceedings are initiated pursuant to rule 20.01 or 20.02 of the Rules of Criminal Procedure, or a person

found by the court to meet the requirements under section 253B.02, subdivision 17.

(d) Legally valid substitute consent may be provided by a proxy under a health care directive, a guardian

or conservator with authority to consent to mental health treatment, or consent to admission under subdivision

1a or 1b.

Subd. 1a. Voluntary treatment or admission for persons with a mental illness. (a) A person with a

mental illness may seek or voluntarily agree to accept treatment or admission to a state-operated treatment

program or treatment facility. If the mental health provider determines that the person lacks the capacity to

give informed consent for the treatment or admission, and in the absence of a health care directive or health

care power of attorney that authorizes consent, the designated agency or its designee may give informed

consent for mental health treatment or admission to a treatment facility or state-operated treatment program

on behalf of the person.

(b) The designated agency shall apply the following criteria in determining the person's ability to give

informed consent:

(1) whether the person demonstrates an awareness of the person's illness, and the reasons for treatment,

its risks, benefits and alternatives, and the possible consequences of refusing treatment; and

(2) whether the person communicates verbally or nonverbally a clear choice concerning treatment that

is a reasoned one, not based on delusion, even though it may not be in the person's best interests.

consent for treatment or admission, and that the patient has voluntarily accepted treatment or admission,

must be documented in writing.

(d) A treatment facility or state-operated treatment program that provides treatment in reliance on the

written consent given by the designated agency under this subdivision or by a substitute decision maker

appointed by the court is not civilly or criminally liable for performing treatment without consent. This

paragraph does not affect any other liability that may result from the manner in which the treatment is

performed.

(e) A patient who receives treatment or is admitted to a treatment facility or state-operated treatment

program under this subdivision or subdivision 1b has the right to refuse treatment at any time or to be released

from a treatment facility or state-operated treatment program as provided under subdivision 2. The patient

or any interested person acting on the patient's behalf may seek court review within five days for a

determination of whether the patient's agreement to accept treatment or admission is voluntary. At the time

a patient agrees to treatment or admission to a treatment facility or state-operated treatment program under

this subdivision, the designated agency or its designee shall inform the patient in writing of the patient's

rights under this paragraph.

Subd. 1b. Court appointment of substitute decision maker. If the designated agency or its designee

declines or refuses to give informed consent under subdivision 1a, the person who is seeking treatment or

admission, or an interested person acting on behalf of the person, may petition the court for appointment of

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a substitute decision maker who may give informed consent for voluntary treatment and services. In making

this determination, the court shall apply the criteria in subdivision 1a, paragraph (b).

Subd. 2. Release. Every patient admitted for mental illness or developmental disability under this section

shall be informed in writing at the time of admission that the patient has a right to leave the treatment facility

or state-operated treatment program within 12 hours of making a request, unless held under another provision

of this chapter. Every patient admitted for chemical dependency under this section shall be informed in

writing at the time of admission that the patient has a right to leave the treatment facility or state-operated

treatment program within 72 hours, exclusive of Saturdays, Sundays, and legal holidays, of making a request,

unless held under another provision of this chapter. The request shall be submitted in writing to the head of

the treatment facility or state-operated treatment program or the person's designee.

History: 1982 c 581 s 4; 1983 c 251 s 7; 1986 c 444; 1997 c 217 art 1 s 29; 1998 c 399 s 28; 1999 c

32 s 1; 2000 c 316 s 2; 1Sp2001 c 9 art 9 s 25-27; 2002 c 379 art 1 s 113; 1Sp2003 c 14 art 6 s 45; 2005 c

56 s 1; 1Sp2020 c 2 art 6 s 25-27,123

253B.041 SERVICES FOR ENGAGEMENT IN TREATMENT.

Subdivision 1. Eligibility. (a) The purpose of engagement services is to avoid the need for commitment

and to enable the proposed patient to voluntarily engage in needed treatment. An interested person may

apply to the county where a proposed patient resides to request engagement services.

(b) To be eligible for engagement services, the proposed patient must be at least 18 years of age, have

a mental illness, and either:

(1) be exhibiting symptoms of serious mental illness including hallucinations, mania, delusional thoughts,

or be unable to obtain necessary food, clothing, shelter, medical care, or provide necessary hygiene due to

the patient's mental illness; or

(2) have a history of failing to adhere to treatment for mental illness, in that:

(i) the proposed patient's mental illness has been a substantial factor in necessitating hospitalization, or

incarceration in a state or local correctional facility, not including any period during which the person was

hospitalized or incarcerated immediately preceding filing the application for engagement; or

(ii) the proposed patient is exhibiting symptoms or behavior that may lead to hospitalization, incarceration,

or court-ordered treatment.

Subd. 2. Administration. (a) Upon receipt of a request for engagement services, the county's prepetition

screening team shall conduct an investigation to determine whether the proposed patient is eligible. In making

this determination, the screening team shall seek any relevant information from an interested person.

(b) If the screening team determines that the proposed patient is eligible, engagement services must

begin and include, but are not limited to:

(1) assertive attempts to engage the patient in voluntary treatment for mental illness for at least 90 days.

Engagement services must be person-centered and continue even if the patient is an inmate in a

non-state-operated correctional facility;

(2) efforts to engage the patient's existing systems of support, including interested persons, unless the

engagement provider determines that involvement is not helpful to the patient. This includes education on

restricting means of harm, suicide prevention, and engagement; and

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(3) collaboration with the patient to meet immediate needs including access to housing, food, income,

disability verification, medications, and treatment for medical conditions.

preferences for services and supports. The county may offer engagement services through the designated

agency or another agency under contract. Engagement services staff must have training in person-centered

care. Engagement services staff may include but are not limited to mobile crisis teams under section 245.462,

certified peer specialists under section 256B.0615, community-based treatment programs, and homeless

outreach workers.

(d) If the patient voluntarily consents to receive mental health treatment, the engagement services staff

must facilitate the referral to an appropriate mental health treatment provider including support obtaining

health insurance if the proposed patient is currently or may become uninsured. If the proposed patient initially

consents to treatment, but fails to initiate or continue treatment, the engagement services team must continue

outreach efforts to the patient.

Subd. 3. Commitment. Engagement services for a patient to seek treatment may be stopped if the

proposed patient is in need of commitment and satisfies the commitment criteria under section 253B.09,

subdivision 1. In such a case, the engagement services team must immediately notify the designated agency,

initiate the prepetition screening process under section 253B.07, or seek an emergency hold if necessary to

ensure the safety of the patient or others.

Subd. 4. Evaluation. Counties may, but are not required to, provide engagement services. The

commissioner may conduct a pilot project evaluating the impact of engagement services in decreasing

commitments, increasing engagement in treatment, and other measures.

History: 1Sp2020 c 2 art 6 s 28

253B.045 TEMPORARY CONFINEMENT.

Subdivision 1. Restriction. Except when ordered by the court pursuant to a finding of necessity to

protect the life of the proposed patient or others or as provided under subdivision 1a, no person subject to

the provisions of this chapter shall be confined in a jail or correctional institution, except pursuant to chapter

242 or 244.

Subd. 1a. MS 2012 [Renumbered 253D.10, subd 2]

Subd. 2. Facilities. (a) Each county or a group of counties shall maintain or provide by contract a facility

for confinement of persons held temporarily for observation, evaluation, diagnosis, treatment, and care.

When the temporary confinement is provided at a state-operated treatment program, the commissioner shall

charge the county of financial responsibility for the costs of confinement of patients hospitalized under

sections 253B.051 and 253B.07, subdivision 2b, except that the commissioner shall bill the responsible

health plan first. Any charges not covered, including co-pays and deductibles shall be the responsibility of

the county. If the patient has health plan coverage, but the hospitalization does not meet the criteria in

subdivision 6 or section 62M.07, 62Q.53, or 62Q.535, the county is responsible.

(b) For the purposes of this subdivision, "county of financial responsibility" has the meaning specified

in section 253B.02, subdivision 4c, or, if the patient has no residence in this state, the county which initiated

the confinement. The charge for confinement in a facility operated by the commissioner shall be based on

the commissioner's determination of the cost of care pursuant to section 246.50, subdivision 5. When there

is a dispute as to which county is the county of financial responsibility, the county charged for the costs of

confinement shall pay for them pending final determination of the dispute over financial responsibility.

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Subd. 3. Cost of care. Notwithstanding subdivision 2, a county shall be responsible for the cost of care

as specified under section 246.54 for a patient hospitalized at a state-operated treatment program in accordance

with section 253B.09 and the patient's legal status has been changed to a court hold under section 253B.07,

subdivision 2b, pending a judicial determination regarding continued commitment pursuant to sections

253B.12 and 253B.13.

Subd. 4. Treatment. The designated agency shall take reasonable measures to assure proper care and

treatment of a person temporarily confined pursuant to this section.

Subd. 5. Health plan company; definition. For purposes of this section, "health plan company" has

the meaning given it in section 62Q.01, subdivision 4, and also includes a demonstration provider as defined

in section 256B.69, subdivision 2, paragraph (b); and a county or group of counties participating in

county-based purchasing according to section 256B.692.

Subd. 6. Coverage. (a) For purposes of this section, "mental health services" means all covered services

that are intended to treat or ameliorate an emotional, behavioral, or psychiatric condition and that are covered

by the policy, contract, or certificate of coverage of the enrollee's health plan company or by law.

(b) All health plan companies that provide coverage for mental health services must cover or provide

mental health services ordered by a court of competent jurisdiction. This court-ordered coverage must not

be subject to a separate medical necessity determination by a health plan company under its utilization

procedures.

History: 1982 c 581 s 11; 1983 c 141 s 1; 1989 c 209 art 2 s 1; 1996 c 451 art 5 s 8; 1997 c 217 art 1

s 64,65,117; 1998 c 313 s 2,3; 1999 c 245 art 5 s 12,13; 1Sp2001 c 9 art 9 s 28; 2002 c 277 s 4; 2002 c 379

art 1 s 113; 1Sp2003 c 14 art 11 s 11; 2006 c 212 art 1 s 12; 2008 c 299 s 9-11; 2008 c 326 art 2 s 4-6;

2010 c 357 s 2; 2013 c 49 s 4,22; 2013 c 59 art 2 s 13; 1Sp2020 c 2 art 6 s 29-32

253B.05 Subdivision 1. MS 2018 [Repealed, 1Sp2020 c 2 art 6 s 124]

Subd. 2. MS 2018 [Repealed, 1Sp2020 c 2 art 6 s 124]

Subd. 2a. [Repealed, 1997 c 217 art 1 s 118]

Subd. 2b. MS 2018 [Repealed, 1Sp2020 c 2 art 6 s 124]

Subd. 3. MS 2018 [Repealed, 1Sp2020 c 2 art 6 s 124]

Subd. 4. MS 2018 [Repealed, 1Sp2020 c 2 art 6 s 124]

Subd. 5. [Repealed, 1997 c 217 art 1 s 118]

253B.051 EMERGENCY ADMISSION.

Subdivision 1. Peace officer or health officer authority. (a) If a peace officer or health officer has

reason to believe, either through direct observation of the person's behavior or upon reliable information of

the person's recent behavior and, if available, knowledge or reliable information concerning the person's

past behavior or treatment that the person:

(1) has a mental illness or developmental disability and is in danger of harming self or others if the

officer does not immediately detain the patient, the peace officer or health officer may take the person into

custody and transport the person to an examiner or a treatment facility, state-operated treatment program,

or community-based treatment program;

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(2) is chemically dependent or intoxicated in public and in danger of harming self or others if the officer

does not immediately detain the patient, the peace officer or health officer may take the person into custody

and transport the person to a treatment facility, state-operated treatment program, or community-based

treatment program; or

(3) is chemically dependent or intoxicated in public and not in danger of harming self, others, or property,

the peace officer or health officer may take the person into custody and transport the person to the person's

home.

(b) An examiner's written statement or a health officer's written statement in compliance with the

requirements of subdivision 2 is sufficient authority for a peace officer or health officer to take the person

into custody and transport the person to a treatment facility, state-operated treatment program, or

community-based treatment program.

treatment facility, state-operated treatment program, or community-based treatment program under this

subdivision shall make written application for admission of the person containing:

(1) the officer's statement specifying the reasons and circumstances under which the person was taken

into custody;

(2) identifying information on specific individuals to the extent practicable, if danger to those individuals

is a basis for the emergency hold; and

(3) the officer's name, the agency that employs the officer, and the telephone number or other contact

information for purposes of receiving notice under subdivision 3.

(d) A copy of the examiner's written statement and officer's application shall be made available to the

person taken into custody.

(e) The officer may provide the transportation personally or may arrange to have the person transported

by a suitable medical or mental health transportation provider. As far as practicable, a peace officer who

provides transportation for a person placed in a treatment facility, state-operated treatment program, or

community-based treatment program under this subdivision must not be in uniform and must not use a

vehicle visibly marked as a law enforcement vehicle.

Subd. 2. Emergency hold. (a) A treatment facility, state-operated treatment program, or community-based

treatment program, other than a facility operated by the Minnesota Sex Offender Program, may admit or

hold a patient, including a patient transported under subdivision 1, for emergency care and treatment if the

head of the facility or program consents to holding the patient and an examiner provides a written statement

in support of holding the patient.

(b) The written statement must indicate that:

(1) the examiner examined the patient not more than 15 days prior to admission;

(2) the examiner interviewed the patient, or if not, the specific reasons why the examiner did not interview

the patient;

(3) the examiner has the opinion that the patient has a mental illness or developmental disability, or is

chemically dependent and is in danger of causing harm to self or others if a facility or program does not

immediately detain the patient. The statement must include observations of the patient's behavior and avoid

conclusory language. The statement must be specific enough to provide an adequate record for review. If

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danger to specific individuals is a basis for the emergency hold, the statement must identify those individuals

to the extent practicable; and

(4) the facility or program cannot obtain a court order in time to prevent the anticipated injury.

state-operated treatment program, or community-based treatment program, the examiner shall make a

good-faith effort to obtain information from that person, which the examiner must consider in deciding

whether to place the patient on an emergency hold. To the extent available, the statement must include direct

observations of the patient's behaviors, reliable knowledge of the patient's recent and past behavior, and

information regarding the patient's psychiatric history, past treatment, and current mental health providers.

The examiner shall also inquire about health care directives under chapter 145C and advance psychiatric

directives under section 253B.03, subdivision 6d.

(d) The facility or program must give a copy of the examiner's written statement to the patient immediately

upon initiating the emergency hold. The treatment facility, state-operated treatment program, or

community-based treatment program shall maintain a copy of the examiner's written statement. The program

or facility must inform the patient in writing of the right to (1) leave after 72 hours, (2) have a medical

examination within 48 hours, and (3) request a change to voluntary status. The facility or program shall

assist the patient in exercising the rights granted in this subdivision.

(e) The facility or program must not allow the patient nor require the patient's consent to participate in

a clinical drug trial during an emergency admission or hold under this subdivision. If a patient gives consent

to participate in a drug trial during a period of an emergency admission or hold, it is void and unenforceable.

This paragraph does not prohibit a patient from continuing participation in a clinical drug trial if the patient

was participating in the clinical drug trial at the time of the emergency admission or hold.

Subd. 3. Duration of hold, release procedures, and change of status. (a) If a peace officer or health

officer transports a person to a treatment facility, state-operated treatment program, or community-based

treatment program under subdivision 1, an examiner at the facility or program must examine the patient and

make a determination about the need for an emergency hold as soon as possible and within 12 hours of the

person's arrival. The peace officer or health officer hold ends upon whichever occurs first: (1) initiation of

an emergency hold on the person under subdivision 2; (2) the person's voluntary admission; (3) the examiner's

decision not to admit the person; or (4) 12 hours after the person's arrival.

(b) Under this section, the facility or program may hold a patient up to 72 hours, exclusive of Saturdays,

Sundays, and legal holidays, after the examiner signs the written statement for an emergency hold of the

patient. The facility or program must release a patient when the emergency hold expires unless the facility

or program obtains a court order to hold the patient. The facility or program may not place the patient on a

consecutive emergency hold under this section.

hold order pursuant to section 253B.07, subdivision 2b.

(d) During the 72-hour hold, a court must not release a patient under this section unless the court received

a written petition for the patient's release and the court has held a summary hearing regarding the patient's

release.

(e) The written petition for the patient's release must include the patient's name, the basis for the hold,

the location of the hold, and a statement explaining why the hold is improper. The petition must also include

copies of any written documentation under subdivision 1 or 2 that support the hold, unless the facility or

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program holding the patient refuses to supply the documentation. Upon receipt of a petition, the court must

comply with the following:

(1) the court must hold the hearing as soon as practicable and the court may conduct the hearing by

telephone conference call, interactive video conference, or similar method by which the participants are able

to simultaneously hear each other;

(2) before deciding to release the patient, the court shall make every reasonable effort to provide notice

of the proposed release and reasonable opportunity to be heard to:

(i) any specific individuals identified in a statement under subdivision 1 or 2 or individuals identified

in the record who might be endangered if the person is not held;

(ii) the examiner whose written statement was the basis for the hold under subdivision 2; and

(iii) the peace officer or health officer who applied for a hold under subdivision 1; and

(3) if the court decides to release the patient, the court shall direct the patient's release and shall issue

written findings supporting the decision. The facility or program must not delay the patient's release pending

the written order.

(f) Notwithstanding section 144.293, subdivisions 2 and 4, if a treatment facility, state-operated treatment

program, or community-based treatment program releases or discharges a patient during the 72-hour hold;

the examiner refuses to admit the patient; or the patient leaves without the consent of the treating health care

provider, the head of the treatment facility, state-operated treatment program, or community-based treatment

program shall immediately notify the agency that employs the peace officer or health officer who initiated

the transport hold. This paragraph does not apply to the extent that the notice would violate federal law

governing the confidentiality of alcohol and drug abuse patient records under Code of Federal Regulations,

title 42, part 2.

(g) If a patient is intoxicated in public and a facility or program holds the patient under this section for

detoxification, a treatment facility, state-operated treatment program, or community-based treatment program

may release the patient without providing notice under paragraph (f) as soon as the treatment facility,

state-operated treatment program, or community-based treatment program determines that the person is no

longer in danger of causing harm to self or others. The facility or program must provide notice to the peace

officer or health officer who transported the person, or to the appropriate law enforcement agency, if the

officer or agency requests notification.

(h) A treatment facility or state-operated treatment program must change a patient's status to voluntary

status as provided in section 253B.04 upon the patient's request in writing if the head of the facility or

program consents to the change.

History: 1Sp2020 c 2 art 6 s 33

253B.06 INITIAL ASSESSMENT.

Subdivision 1. Persons with mental illness or developmental disability. A physician must examine

every patient hospitalized due to mental illness or developmental disability pursuant to section 253B.04 or

253B.051 as soon as possible but no more than 48 hours following the patient's admission. The physician

must be knowledgeable and trained in diagnosing the patient's mental illness or developmental disability,

forming the basis of the patient's admission.

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Subd. 2. Chemically dependent persons. A treatment facility, state-operated treatment program, or

community-based treatment program must examine a patient hospitalized as chemically dependent pursuant

to section 253B.04 or 253B.051 within 48 hours of admission. At a minimum, the facility or program must

physically examine the patient according to procedures established by a physician, advanced practice

registered nurse, or physician assistant, and staff examining the patient must be knowledgeable and trained

in the diagnosis of the alleged disability forming the basis of the patient's admission as a chemically dependent

person.

Subd. 2a. Patient refusal. If a patient refuses to be examined, the determination of the patient's need

for treatment may be based on other available information and documented in the patient's medical record.

Subd. 3. Discharge. At the end of a 48-hour period, the facility or program shall discharge a patient

admitted pursuant to section 253B.051 if an examination has not been held or if the examiner or evaluation

staff person fails to notify the head of the facility or program in writing that in the examiner's or staff person's

opinion the patient is in need of care, treatment, and evaluation as a person who has a mental illness,

developmental disability, or chemical dependency.

History: 1982 c 581 s 6; 1983 c 251 s 10; 1986 c 444; 1997 c 217 art 1 s 35; 2002 c 221 s 22; 2005 c

56 s 1; 2020 c 115 art 4 s 102; 1Sp2020 c 2 art 6 s 34-36; 2022 c 58 s 125

253B.064 MS 2018 [Repealed, 1Sp2020 c 2 art 6 s 124]

253B.065 MS 2018 [Repealed, 1Sp2020 c 2 art 6 s 124]

253B.066 MS 2018 [Repealed, 1Sp2020 c 2 art 6 s 124]

253B.07 JUDICIAL COMMITMENT; PRELIMINARY PROCEDURES.

Subdivision 1. Prepetition screening. (a) Prior to filing a petition for commitment of a proposed patient,

an interested person shall apply to the designated agency in the county of financial responsibility or the

county where the proposed patient is present for conduct of a preliminary investigation as provided in section

253B.23, subdivision 1b, except when the proposed patient has been acquitted of a crime under section

611.026 and the county attorney is required to file a petition for commitment. The designated agency shall

appoint a screening team to conduct an investigation. The petitioner may not be a member of the screening

team. The investigation must include:

(1) an interview with the proposed patient and other individuals who appear to have knowledge of the

condition of the proposed patient, if practicable. In-person interviews with the proposed patient are preferred.

If the proposed patient is not interviewed, specific reasons must be documented;

(2) identification and investigation of specific alleged conduct which is the basis for application;

(3) identification, exploration, and listing of the specific reasons for rejecting or recommending

alternatives to involuntary placement;

(4) in the case of a commitment based on mental illness, information that may be relevant to the

administration of neuroleptic medications, including the existence of a declaration under section 253B.03,

subdivision 6d, or a health care directive under chapter 145C or a guardian, conservator, proxy, or agent

with authority to make health care decisions for the proposed patient; information regarding the capacity of

the proposed patient to make decisions regarding administration of neuroleptic medication; and whether the

proposed patient is likely to consent or refuse consent to administration of the medication;

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(5) seeking input from the proposed patient's health plan company to provide the court with information

about the patient's relevant treatment history and current treatment providers; and

(6) in the case of a commitment based on mental illness, information listed in clause (4) for other purposes

relevant to treatment.

(b) In conducting the investigation required by this subdivision, the screening team shall have access to

all relevant medical records of proposed patients currently in treatment facilities, state-operated treatment

programs, or community-based treatment programs. The interviewer shall inform the proposed patient that

any information provided by the proposed patient may be included in the prepetition screening report and

may be considered in the commitment proceedings. Data collected pursuant to this clause shall be considered

private data on individuals. The prepetition screening report is not admissible as evidence except by agreement

of counsel or as permitted by this chapter or the rules of court and is not admissible in any court proceedings

unrelated to the commitment proceedings.

proposed patient, the petitioner, persons named in a declaration under chapter 145C or section 253B.03,

subdivision 6d, and, with the proposed patient's consent, other interested parties. The team shall ask the

patient if the patient wants the notice read and shall read the notice to the patient upon request. The notice

must contain information regarding the process, purpose, and legal effects of civil commitment. The notice

must inform the proposed patient that:

(1) if a petition is filed, the patient has certain rights, including the right to a court-appointed attorney,

the right to request a second court examiner, the right to attend hearings, and the right to oppose the proceeding

and to present and contest evidence; and

(2) if the proposed patient is committed to a state-operated treatment program, the patient may be billed

for the cost of care and the state has the right to make a claim against the patient's estate for this cost.

The ombudsman for mental health and developmental disabilities shall develop a form for the notice

which includes the requirements of this paragraph.

(d) When the prepetition screening team recommends commitment, a written report shall be sent to the

county attorney for the county in which the petition is to be filed. The statement of facts contained in the

written report must meet the requirements of subdivision 2, paragraph (b).

(e) The prepetition screening team shall refuse to support a petition if the investigation does not disclose

evidence sufficient to support commitment. Notice of the prepetition screening team's decision shall be

provided to the prospective petitioner, any specific individuals identified in the examiner's statement, and

to the proposed patient.

(f) If the interested person wishes to proceed with a petition contrary to the recommendation of the

prepetition screening team, application may be made directly to the county attorney, who shall determine

whether or not to proceed with the petition. Notice of the county attorney's determination shall be provided

to the interested party.

(g) If the proposed patient has been acquitted of a crime under section 611.026, the county attorney shall

apply to the designated county agency in the county in which the acquittal took place for a preliminary

investigation unless substantially the same information relevant to the proposed patient's current mental

condition, as could be obtained by a preliminary investigation, is part of the court record in the criminal

proceeding or is contained in the report of a mental examination conducted in connection with the criminal

proceeding. If a court petitions for commitment pursuant to the Rules of Criminal or Juvenile Procedure or

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a county attorney petitions pursuant to acquittal of a criminal charge under section 611.026, the prepetition

investigation, if required by this section, shall be completed within seven days after the filing of the petition.

Subd. 2. The petition. (a) Any interested person, except a member of the prepetition screening team,

may file a petition for commitment in the district court of the county of financial responsibility or the county

where the proposed patient is present. If the head of the treatment facility, state-operated treatment program,

or community-based treatment program believes that commitment is required and no petition has been filed,

that person shall petition for the commitment of the proposed patient.

(b) The petition shall set forth the name and address of the proposed patient, the name and address of

the patient's nearest relatives, and the reasons for the petition. The petition must contain factual descriptions

of the proposed patient's recent behavior, including a description of the behavior, where it occurred, and the

time period over which it occurred. Each factual allegation must be supported by observations of witnesses

named in the petition. Petitions shall be stated in behavioral terms and shall not contain judgmental or

conclusory statements.

has examined the proposed patient within the 15 days preceding the filing of the petition and is of the opinion

that the proposed patient has a designated disability and should be committed to a treatment facility,

state-operated treatment program, or community-based treatment program. The statement shall include the

reasons for the opinion. In the case of a commitment based on mental illness, the petition and the examiner's

statement shall include a statement and opinion regarding the proposed patient's need for treatment with

neuroleptic medication and the patient's capacity to make decisions regarding the administration of neuroleptic

medications, and the reasons for the opinion. If use of neuroleptic medications is recommended by the

treating medical practitioner or other qualified medical provider, the petition for commitment must, if

applicable, include or be accompanied by a request for proceedings under section 253B.092. Failure to

include the required information regarding neuroleptic medications in the examiner's statement, or to include

a request for an order regarding neuroleptic medications with the commitment petition, is not a basis for

dismissing the commitment petition. If a petitioner has been unable to secure a statement from an examiner,

the petition shall include documentation that a reasonable effort has been made to secure the supporting

statement.

Subd. 2a. Petition originating from criminal proceedings. (a) If criminal charges are pending against

a defendant, the court shall order simultaneous competency and civil commitment examinations in accordance

with Minnesota Rules of Criminal Procedure, rule 20.04, when the following conditions are met:

(1) the prosecutor or defense counsel doubts the defendant's competency and a motion is made challenging

competency, or the court on its initiative raises the issue under section 611.42 or Minnesota Rules of Criminal

Procedure, rule 20.01; and

(2) the prosecutor and defense counsel agree simultaneous examinations are appropriate.

No additional examination under subdivision 3 is required in a subsequent civil commitment proceeding

unless a second examination is requested by defense counsel appointed following the filing of any petition

for commitment.

(b) Only a court examiner may conduct an assessment as described in section 611.43 or Minnesota Rules

of Criminal Procedure, rules 20.01, subdivision 4, and 20.02, subdivision 2.

under section 611.45 or Minnesota Rules of Criminal Procedure, rule 20.01, the county in which the criminal

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matter is pending is responsible to conduct prepetition screening and, if statutory conditions for commitment

are satisfied, to file the commitment petition in that county. By agreement between county attorneys,

prepetition screening and filing the petition may be handled in the county of financial responsibility or the

county where the proposed patient is present.

(d) Following an acquittal of a person of a criminal charge under section 611.026, the petition shall be

filed by the county attorney of the county in which the acquittal took place and the petition shall be filed

with the court in which the acquittal took place, and that court shall be the committing court for purposes

of this chapter. When a petition is filed pursuant to subdivision 2 with the court in which acquittal of a

criminal charge took place, the court shall assign the judge before whom the acquittal took place to hear the

commitment proceedings unless that judge is unavailable.

Subd. 2b. Apprehend and hold orders. (a) The court may order the treatment facility or state-operated

treatment program to hold the proposed patient or direct a health officer, peace officer, or other person to

take the proposed patient into custody and transport the proposed patient to a treatment facility or

state-operated treatment program for observation, evaluation, diagnosis, care, treatment, and, if necessary,

confinement, when:

(1) there has been a particularized showing by the petitioner that serious physical harm to the proposed

patient or others is likely unless the proposed patient is immediately apprehended;

(2) the proposed patient has not voluntarily appeared for the examination or the commitment hearing

pursuant to the summons; or

(3) a person is held pursuant to section 253B.051 and a request for a petition for commitment has been

filed.

(b) The order of the court may be executed on any day and at any time by the use of all necessary means

including the imposition of necessary restraint upon the proposed patient. Where possible, a peace officer

taking the proposed patient into custody pursuant to this subdivision shall not be in uniform and shall not

use a vehicle visibly marked as a law enforcement vehicle. Except as provided in section 253D.10, subdivision

2, in the case of an individual on a judicial hold due to a petition for civil commitment under chapter 253D,

assignment of custody during the hold is to the commissioner. The commissioner is responsible for

determining the appropriate placement within a secure treatment facility under the authority of the

commissioner.

trial while an order is in effect under this subdivision. A consent given while an order is in effect is void

and unenforceable. This paragraph does not prohibit a patient from continuing participation in a clinical

drug trial if the patient was participating in the clinical drug trial at the time the order was issued under this

subdivision.

Subd. 2c. Right to counsel. A patient has the right to be represented by counsel at any proceeding under

this chapter. The court shall appoint a qualified attorney to represent the proposed patient if neither the

proposed patient nor others provide counsel. The attorney shall be appointed at the time a petition for

commitment is filed or when simultaneous competency and civil commitment examinations are ordered

under subdivision 2a, whichever is sooner. In all proceedings under this chapter, the attorney shall:

(1) consult with the person prior to any hearing;

(2) be given adequate time and access to records to prepare for all hearings;

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(3) continue to represent the person throughout any proceedings under this chapter unless released as

counsel by the court; and

(4) be a vigorous advocate on behalf of the person.

Subd. 2d. Change of venue. Either party may move to have the venue of the petition changed to the

district court of the Minnesota county where the person currently lives, whether independently or pursuant

to a placement. The county attorney of the proposed county of venue must be notified of the motion and

provided the opportunity to respond before the court rules on the motion. The court shall grant the motion

if it determines that the transfer is appropriate and is in the interests of justice. If the petition has been filed

pursuant to the Rules of Criminal or Juvenile Procedure, venue may not be changed without the agreement

of the county attorney of the proposed county of venue and the approval of the court in which the juvenile

or criminal proceedings are pending.

Subd. 3. Court-appointed examiners. After a petition has been filed, the court shall appoint a court

examiner. Prior to the hearing, the court shall inform the proposed patient of the right to an independent

second examination. At the proposed patient's request, the court shall appoint a second court examiner of

the patient's choosing to be paid for by the county at a rate of compensation fixed by the court.

Subd. 4. Prehearing examination; notice and summons procedure. (a) A summons to appear for a

prehearing examination and the commitment hearing shall be served upon the proposed patient. A plain

language notice of the proceedings and notice of the filing of the petition shall be given to the proposed

patient, patient's counsel, the petitioner, any interested person, and any other persons as the court directs.

(b) The prepetition screening report, the petition, and the examiner's supporting statement shall be

distributed to the petitioner, the proposed patient, the patient's counsel, the county attorney, any person

authorized by the patient, and any other person as the court directs.

the notice shall be served on the proposed patient by a nonuniformed person.

Subd. 5. Prehearing examination; report. The examination shall be held at a treatment facility or other

suitable place the court determines is not likely to harm the health of the proposed patient. The county

attorney and the patient's attorney may be present during the examination. Either party may waive this right.

Unless otherwise agreed by the parties, a court examiner shall file the report with the court not less than 48

hours prior to the commitment hearing. The court shall ensure that copies of the court examiner's report are

provided to the county attorney, the proposed patient, and the patient's counsel.

Subd. 6. [Repealed, 1997 c 217 art 1 s 118]

Subd. 7. Preliminary hearing. (a) No proposed patient may be held in a treatment facility or

state-operated treatment program under a judicial hold pursuant to subdivision 2b longer than 72 hours,

exclusive of Saturdays, Sundays, and legal holidays, unless the court holds a preliminary hearing and

determines that the standard is met to hold the proposed patient.

(b) The proposed patient, patient's counsel, the petitioner, the county attorney, and any other persons as

the court directs shall be given at least 24 hours written notice of the preliminary hearing. The notice shall

include the alleged grounds for confinement. The proposed patient shall be represented at the preliminary

hearing by counsel. The court may admit reliable hearsay evidence, including written reports, for the purpose

of the preliminary hearing.

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who is seriously disruptive or who is incapable of comprehending and participating in the proceedings. In

such instances, the court shall, with specificity on the record, state the behavior of the proposed patient or

other circumstances which justify proceeding in the absence of the proposed patient.

(d) The court may continue the judicial hold of the proposed patient if it finds, by a preponderance of

the evidence, that serious physical harm to the proposed patient or others is likely if the proposed patient is

not immediately confined. If a proposed patient was acquitted of a crime against the person under section

611.026 immediately preceding the filing of the petition, the court may presume that serious physical harm

to the patient or others is likely if the proposed patient is not immediately confined.

(e) Upon a showing that a proposed patient subject to a petition for commitment may need treatment

with neuroleptic medications and that the proposed patient may lack capacity to make decisions regarding

that treatment, the court may appoint a substitute decision-maker as provided in section 253B.092, subdivision

6. The substitute decision-maker shall meet with the proposed patient and provider and make a report to the

court at the hearing under section 253B.08 regarding whether the administration of neuroleptic medications

is appropriate under the criteria of section 253B.092, subdivision 7. If the substitute decision-maker consents

to treatment with neuroleptic medications and the proposed patient does not refuse the medication, neuroleptic

medication may be administered to the proposed patient. If the substitute decision-maker does not consent

or the proposed patient refuses, neuroleptic medication may not be administered without a court order, or

in an emergency as set forth in section 253B.092, subdivision 3.

History: 1982 c 581 s 7; 1983 c 251 s 11-13; 1983 c 348 s 4-8; 1984 c 623 s 4; 1986 c 444; 1995 c 189

s 8; 1996 c 277 s 1; 1997 c 217 art 1 s 39-48; 1998 c 313 s 5,6; 1998 c 399 s 29; 1999 c 245 art 5 s 14;

1Sp2001 c 9 art 9 s 32-34; 2002 c 335 s 2; 2002 c 379 art 1 s 113; 2005 c 56 s 1; 2010 c 300 s 20; 2010 c

357 s 5-7; 2013 c 49 s 22; 2014 c 171 s 1,2; 2015 c 21 art 1 s 51; 2016 c 120 s 4; 1Sp2020 c 2 art 6 s 37-44;

2022 c 99 art 1 s 14

253B.08 JUDICIAL COMMITMENT; HEARING PROCEDURES.

Subdivision 1. Time for commitment hearing. (a) The hearing on the commitment petition shall be

held within 14 days from the date of the filing of the petition, except that the hearing on a commitment

petition pursuant to section 253D.07 shall be held within 90 days from the date of the filing of the petition.

For good cause shown, the court may extend the time of hearing up to an additional 30 days. The proceeding

shall be dismissed if the proposed patient has not had a hearing on a commitment petition within the allowed

time.

(b) The proposed patient, or the head of the treatment facility or state-operated treatment program in

which the patient is held, may demand in writing at any time that the hearing be held immediately. Unless

the hearing is held within five days of the date of the demand, exclusive of Saturdays, Sundays, and legal

holidays, the petition shall be automatically dismissed if the patient is being held in a treatment facility or

state-operated treatment program pursuant to court order. For good cause shown, the court may extend the

time of hearing on the demand for an additional ten days. This paragraph does not apply to a commitment

petition brought under section 253B.18 or chapter 253D.

Subd. 2. Notice of hearing. The proposed patient, patient's counsel, the petitioner, the county attorney,

and any other persons as the court directs shall be given at least five days' notice that a hearing will be held

and at least two days' notice of the time and date of the hearing, except that any person may waive notice.

Notice to the proposed patient may be waived by patient's counsel.

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Subd. 2a. Place of hearing. The hearing shall be conducted in a manner consistent with orderly procedure.

The hearing shall be held at a courtroom meeting standards prescribed by local court rule which may be at

a treatment facility or state-operated treatment program. The hearing may be conducted by interactive video

conference under General Rules of Practice, rule 131, and Minnesota Rules of Civil Commitment, rule 14.

Subd. 3. Right to attend and testify. All persons to whom notice has been given may attend the hearing

and, except for the proposed patient's counsel, may testify. The court shall notify them of their right to attend

the hearing and to testify. The court may exclude any person not necessary for the conduct of the proceedings

from the hearings except any person requested to be present by the proposed patient. Nothing in this section

shall prevent the court from ordering the sequestration of any witness or witnesses other than the petitioner

or the proposed patient.

Subd. 4. [Repealed, 1997 c 217 art 1 s 118]

Subd. 5. Absence permitted. (a) The court may permit the proposed patient to waive the right to attend

the hearing if it determines that the waiver is freely given. At the time of the hearing, the proposed patient

shall not be so under the influence of drugs, medication, or other treatment so as to be hampered in

participating in the proceedings. When the professional responsible for the proposed patient's treatment is

of the opinion that the discontinuance of medication or other treatment is not in the best interest of the

proposed patient, the court, at the time of the hearing, shall be presented a record of all medication or other

treatment which the proposed patient has received during the 48 hours immediately prior to the hearing.

(b) The court, on its own motion or on the motion of any party, may exclude or excuse a proposed patient

who is seriously disruptive or who is incapable of comprehending and participating in the proceedings. In

such instances, the court shall, with specificity on the record, state the behavior of the proposed patient or

other circumstances justifying proceeding in the absence of the proposed patient.

Subd. 5a. Witnesses. The proposed patient or the patient's counsel and the county attorney may present

and cross-examine witnesses, including court examiners, at the hearing. The court may in its discretion

receive the testimony of any other person. Opinions of court examiners may not be admitted into evidence

unless the court examiner is present to testify, except by agreement of the parties.

Subd. 6. [Repealed, 1997 c 217 art 1 s 118]

Subd. 7. Evidence. The court shall admit all relevant evidence at the hearing. The court shall make its

determination upon the entire record pursuant to the Rules of Evidence.

In any case where the petition was filed immediately following a criminal proceeding in which the

proposed patient was acquitted under section 611.026, the court shall take judicial notice of the record of

the criminal proceeding.

Subd. 8. Record required. The court shall keep accurate records containing, among other appropriate

materials, notations of appearances at the hearing, including witnesses, motions made and their disposition,

and all waivers of rights made by the parties. The court shall take and preserve an accurate stenographic

record or tape recording of the proceedings.

History: 1982 c 581 s 8; 1983 c 348 s 9; 1984 c 623 s 5; 1986 c 444; 1991 c 255 s 19; 1997 c 217 art

1 s 49-54; 2005 c 136 art 14 s 2; 2008 c 299 s 12; 2009 c 86 art 1 s 43; 2013 c 49 s 22; 2015 c 65 art 2 s

1; 1Sp2020 c 2 art 6 s 45-48

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253B.09 DECISION; STANDARD OF PROOF; DURATION.

Subdivision 1. Standard of proof. (a) If the court finds by clear and convincing evidence that the

proposed patient is a person who poses a risk of harm due to mental illness, or is a person who has a

developmental disability or chemical dependency, and after careful consideration of reasonable alternative

dispositions including but not limited to dismissal of petition; voluntary outpatient care; voluntary admission

to a treatment facility, state-operated treatment program, or community-based treatment program; appointment

of a guardian or conservator; or release before commitment as provided for in subdivision 4, it finds that

there is no suitable alternative to judicial commitment, the court shall commit the patient to the least restrictive

treatment program or alternative programs which can meet the patient's treatment needs consistent with

section 253B.03, subdivision 7.

(b) In deciding on the least restrictive program, the court shall consider a range of treatment alternatives

including but not limited to community-based nonresidential treatment, community residential treatment,

partial hospitalization, acute care hospital, assertive community treatment teams, and state-operated treatment

programs. The court shall also consider the proposed patient's treatment preferences and willingness to

participate voluntarily in the treatment ordered. The court may not commit a patient to a facility or program

that is not capable of meeting the patient's needs.

alternative to judicial commitment and the court finds that the least restrictive alternative as determined in

paragraph (a) is a treatment facility or community-based treatment program that is less restrictive or more

community based than a state-operated treatment program, and there is a treatment facility or a

community-based treatment program willing to accept the civilly committed patient, the court may commit

the patient to both the treatment facility or community-based treatment program and to the commissioner,

in the event that treatment in a state-operated treatment program becomes the least restrictive alternative. If

there is a change in the patient's level of care, then:

(1) if the patient needs a higher level of care requiring admission to a state-operated treatment program,

custody of the patient and authority and responsibility for the commitment may be transferred to the

commissioner for as long as the patient needs a higher level of care; and

(2) when the patient no longer needs treatment in a state-operated treatment program, the program may

provisionally discharge the patient to an appropriate placement or release the patient to the treatment facility

or community-based treatment program if the program continues to be willing and able to readmit the patient,

in which case the commitment, its authority, and responsibilities revert to the non-state-operated treatment

program. Both agencies accepting commitment shall coordinate admission and discharge planning to facilitate

timely access to the other's services to meet the patient's needs and shall coordinate treatment planning

consistent with section 253B.03, subdivision 7.

(d) If a person is committed to a state-operated treatment program as a person who poses a risk of harm

due to mental illness or as a person who has a developmental disability or chemical dependency, the court

shall order the commitment to the commissioner. The commissioner shall designate the placement of the

person to the court.

(e) If the court finds a proposed patient to be a person who poses a risk of harm due to mental illness

under section 253B.02, subdivision 17a, paragraph (a), clause (4), the court shall commit the patient to a

treatment facility or community-based treatment program that meets the proposed patient's needs.

Subd. 2. Findings. (a) The court shall find the facts specifically, and separately state its conclusions of

law. Where commitment is ordered, the findings of fact and conclusions of law shall specifically state the

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proposed patient's conduct which is a basis for determining that each of the requisites for commitment is

met.

(b) If commitment is ordered, the findings shall also identify less restrictive alternatives considered and

rejected by the court and the reasons for rejecting each alternative.

location including to the person's home.

Subd. 3. MS 2018 [Repealed, 1Sp2020 c 2 art 6 s 124]

Subd. 3a. Reporting judicial commitments; private treatment program or facility. Notwithstanding

section 253B.23, subdivision 9, when a court commits a patient to a non-state-operated treatment facility or

program, the court shall report the commitment to the commissioner through the supreme court information

system for purposes of providing commitment information for firearm background checks under section

245.041. If the patient is committed to a state-operated treatment program, the court shall send a copy of

the commitment order to the commissioner.

Subd. 4. [Repealed, 1988 c 623 s 17]

Subd. 5. Initial commitment period. The initial commitment begins on the date that the court issues

its order or warrant under section 253B.10, subdivision 1. For a person committed as a person who poses a

risk of harm due to mental illness, a developmental disability, or chemical dependency, the initial commitment

shall not exceed six months.

History: 1982 c 581 s 9; 1986 c 444; 1988 c 623 s 6; 1997 c 217 art 1 s 55-59; 1998 c 313 s 7; 1Sp2001

c 9 art 9 s 35; 2002 c 221 s 23; 2002 c 335 s 3; 2002 c 379 art 1 s 113; 1Sp2003 c 14 art 6 s 47; 2005 c 56

s 1; 1Sp2020 c 2 art 6 s 49-52,123; art 8 s 145

253B.091 [Repealed, 1997 c 217 art 1 s 118]

253B.092 ADMINISTRATION OF NEUROLEPTIC MEDICATION.

Subdivision 1. General. Neuroleptic medications may be administered, only as provided in this section,

to patients subject to civil commitment under this chapter or chapter 253D. For purposes of this section,

"patient" includes a proposed patient who is the subject of a petition for commitment and a committed person

as defined in section 253D.02, subdivision 4.

Subd. 2. Administration without judicial review. (a) Neuroleptic medications may be administered

without judicial review in the following circumstances:

(1) the patient has the capacity to make an informed decision under subdivision 4;

(2) the patient does not have the present capacity to consent to the administration of neuroleptic

medication, but prepared a health care power of attorney, a health care directive under chapter 145C, or a

declaration under section 253B.03, subdivision 6d, requesting treatment or authorizing an agent or proxy to

request treatment, and the agent or proxy has requested the treatment;

(3) the patient has been prescribed neuroleptic medication prior to admission to a treatment facility, but

lacks the present capacity to consent to the administration of that neuroleptic medication; continued

administration of the medication is in the patient's best interest; and the patient does not refuse administration

of the medication. In this situation, the previously prescribed neuroleptic medication may be continued for

up to 14 days while the treating medical practitioner:

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(i) is obtaining a substitute decision-maker appointed by the court under subdivision 6; or

(ii) is requesting a court order authorizing administering neuroleptic medication or an amendment to a

current court order authorizing administration of neuroleptic medication;

(4) a substitute decision-maker appointed by the court consents to the administration of the neuroleptic

medication and the patient does not refuse administration of the medication; or

(5) the substitute decision-maker does not consent or the patient is refusing medication, and the patient

is in an emergency situation.

(b) For the purposes of paragraph (a), clause (3), if a person requests a substitute decision-maker or

requests a court order administering neuroleptic medication within 14 days, the treating medical practitioner

may continue administering the medication to the patient through the hearing date or until the court otherwise

issues an order.

Subd. 3. Emergency administration. A treating medical practitioner may administer neuroleptic

medication to a patient who does not have capacity to make a decision regarding administration of the

medication if the patient is in an emergency situation. Medication may be administered for so long as the

emergency continues to exist, up to 14 days, if the treating medical practitioner determines that the medication

is necessary to prevent serious, immediate physical harm to the patient or to others. If a request for

authorization to administer medication is made to the court within the 14 days, the treating medical practitioner

may continue the medication through the date of the first court hearing, if the emergency continues to exist.

If the request for authorization to administer medication is made to the court in conjunction with a petition

for commitment and the court makes a determination at the preliminary hearing under section 253B.07,

subdivision 7, that there is sufficient cause to continue the medical practitioner's order until the hearing

under section 253B.08, the treating medical practitioner may continue the medication until that hearing, if

the emergency continues to exist. The treatment facility, state-operated treatment program, or

community-based treatment program shall document the emergency in the patient's medical record in specific

behavioral terms.

Subd. 4. Patients with capacity to make informed decision. A patient who has the capacity to make

an informed decision regarding the administration of neuroleptic medication may consent or refuse consent

to administration of the medication. The informed consent of a patient must be in writing.

Subd. 5. Determination of capacity. (a) There is a rebuttable presumption that a patient has the capacity

to make decisions regarding administration of neuroleptic medication.

(b) A patient has the capacity to make decisions regarding the administration of neuroleptic medication

if the patient:

(1) has an awareness of the nature of the patient's situation, including the reasons for hospitalization,

and the possible consequences of refusing treatment with neuroleptic medications;

(2) has an understanding of treatment with neuroleptic medications and the risks, benefits, and alternatives;

and

(3) communicates verbally or nonverbally a clear choice regarding treatment with neuroleptic medications

that is a reasoned one not based on a symptom of the patient's mental illness, even though it may not be in

the patient's best interests.

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decision.

Subd. 6. Patients without capacity to make informed decision; substitute decision-maker. (a) Upon

request of any person, and upon a showing that administration of neuroleptic medications may be

recommended and that the patient may lack capacity to make decisions regarding the administration of

neuroleptic medication, the court shall appoint a substitute decision-maker with authority to consent to the

administration of neuroleptic medication as provided in this section. A hearing is not required for an

appointment under this paragraph. The substitute decision-maker must be an individual or a community or

institutional multidisciplinary panel designated by the local mental health authority. In appointing a substitute

decision-maker, the court shall give preference to a guardian, proxy, or health care agent with authority to

make health care decisions for the patient. The court may provide for the payment of a reasonable fee to the

substitute decision-maker for services under this section or may appoint a volunteer.

(b) If the patient's treating medical practitioner recommends treatment with neuroleptic medication, the

substitute decision-maker may give or withhold consent to the administration of the medication, based on

the standards under subdivision 7. If the substitute decision-maker gives informed consent to the treatment

and the patient does not refuse, the substitute decision-maker shall provide written consent to the treating

medical practitioner and the medication may be administered. The substitute decision-maker shall also notify

the court that consent has been given. If the substitute decision-maker refuses or withdraws consent or the

patient refuses the medication, neuroleptic medication must not be administered to the patient except with

a court order or in an emergency.

patient's health records on the past or present administration of medication. The designated agency or a

person involved in the patient's physical or mental health care may disclose information to the substitute

decision-maker for the sole purpose of performing the responsibilities under this section. The substitute

decision-maker may not disclose health records obtained under this paragraph except to the extent necessary

to carry out the duties under this section.

(d) At a hearing under section 253B.08, the petitioner has the burden of proving incapacity by a

preponderance of the evidence. If a substitute decision-maker has been appointed by the court, the court

shall make findings regarding the patient's capacity to make decisions regarding the administration of

neuroleptic medications and affirm or reverse its appointment of a substitute decision-maker. If the court

affirms the appointment of the substitute decision-maker, and if the substitute decision-maker has consented

to the administration of the medication and the patient has not refused, the court shall make findings that

the substitute decision-maker has consented and the treatment is authorized. If a substitute decision-maker

has not yet been appointed, upon request the court shall make findings regarding the patient's capacity and

appoint a substitute decision-maker if appropriate.

(e) If an order for civil commitment did not provide for the appointment of a substitute decision-maker

or for the administration of neuroleptic medication, a treatment facility, state-operated treatment program,

or community-based treatment program may later request the appointment of a substitute decision-maker

upon a showing that administration of neuroleptic medications is recommended and that the patient lacks

capacity to make decisions regarding the administration of neuroleptic medications. A hearing is not required

in order to administer the neuroleptic medication unless requested under subdivision 10 or if the substitute

decision-maker withholds or refuses consent or the patient refuses the medication.

(f) The substitute decision-maker's authority to consent to treatment lasts for the duration of the court's

order of appointment or until modified by the court.

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(g) If there is no hearing after the preliminary hearing, then the court shall, upon the request of any

interested party, review the reasonableness of the substitute decision-maker's decision based on the standards

under subdivision 7. The court shall enter an order upholding or reversing the decision within seven days.

Subd. 7. When patient lacks capacity to make decisions about medication. (a) When a patient lacks

capacity to make decisions regarding the administration of neuroleptic medication, the substitute

decision-maker or the court shall use the standards in this subdivision in making a decision regarding

administration of the medication.

(b) If the patient clearly stated what the patient would choose to do in this situation when the patient

had the capacity to make a reasoned decision, the patient's wishes must be followed. Evidence of the patient's

wishes may include written instruments, including a durable power of attorney for health care under chapter

145C or a declaration under section 253B.03, subdivision 6d.

or lacking, the decision must be based on what a reasonable person would do, taking into consideration:

(1) the patient's family, community, moral, religious, and social values;

(2) the medical risks, benefits, and alternatives to the proposed treatment;

(3) past efficacy and any extenuating circumstances of past use of neuroleptic medications; and

(4) any other relevant factors.

Subd. 8. Procedure when patient refuses neuroleptic medication. (a) If the substitute decision-maker

or the patient refuses to consent to treatment with neuroleptic medications, and absent an emergency as set

forth in subdivision 3, neuroleptic medications may not be administered without a court order. Upon receiving

a written request for a hearing, the court shall schedule the hearing within 14 days of the request. The matter

may be heard as part of any other district court proceeding under this chapter. By agreement of the parties

or for good cause shown, the court may extend the time of hearing an additional 30 days.

(b) The patient must be examined by a court examiner prior to the hearing. If the patient refuses to

participate in an examination, the court examiner may rely on the patient's medical records to reach an

opinion as to the appropriateness of neuroleptic medication. The patient is entitled to counsel and a second

court examiner, if requested by the patient or patient's counsel.

treating medical practitioner or other qualified physician, a member of the patient's treatment team, a court

examiner, witness testimony, or the patient's medical records.

(d) If the court finds that the patient has the capacity to decide whether to take neuroleptic medication

or that the patient lacks capacity to decide and the standards for making a decision to administer the

medications under subdivision 7 are not met, the treatment facility, state-operated treatment program, or

community-based treatment program may not administer medication without the patient's informed written

consent or without the declaration of an emergency, or until further review by the court.

(e) If the court finds that the patient lacks capacity to decide whether to take neuroleptic medication and

has applied the standards set forth in subdivision 7, the court may authorize the treatment facility,

state-operated treatment program, or community-based treatment program and any other facility or program

to which the patient may be transferred or provisionally discharged, to involuntarily administer the medication

to the patient. A copy of the order must be given to the patient, the patient's attorney, the county attorney,

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and the treatment facility, state-operated treatment program, or community-based treatment program. The

treatment facility, state-operated treatment program, or community-based treatment program may not begin

administration of the neuroleptic medication until it notifies the patient of the court's order authorizing the

treatment.

(f) A finding of lack of capacity under this section must not be construed to determine the patient's

competence for any other purpose.

(g) The court may authorize the administration of neuroleptic medication until the termination of a

determinate commitment. If the patient is committed for an indeterminate period, the court may authorize

treatment of neuroleptic medication for not more than two years, subject to the patient's right to petition the

court for review of the order. The treatment facility, state-operated treatment program, or community-based

treatment program must submit annual reports to the court, which shall provide copies to the patient and the

respective attorneys.

(h) The court may limit the maximum dosage of neuroleptic medication that may be administered.

(i) If physical force is required to administer the neuroleptic medication, the facility or program may

only use injectable medications. If physical force is needed to administer the medication, medication may

only be administered in a setting where the person's condition can be reassessed and medical personnel

qualified to administer medication are available, including in the community, a county jail, or a correctional

facility. The facility or program may not use a nasogastric tube to administer neuroleptic medication

involuntarily.

Subd. 9. Immunity. A substitute decision-maker who consents to treatment is not civilly or criminally

liable for the performance of or the manner of performing the treatment. A person is not liable for performing

treatment without consent if the substitute decision-maker has given written consent. This provision does

not affect any other liability that may result from the manner in which the treatment is performed.

Subd. 10. Review. A patient or other person may petition the court under section 253B.17 for review

of any determination under this section or for a decision regarding the administration of neuroleptic

medications, appointment of a substitute decision-maker, or the patient's capacity to make decisions regarding

administration of neuroleptic medications.

History: 1997 c 217 art 1 s 60; 1998 c 313 s 8,9; 1998 c 399 s 30,31; 2013 c 49 s 5,22; 2014 c 291 art

3 s 3; 1Sp2020 c 2 art 6 s 53

253B.0921 ACCESS TO MEDICAL RECORDS.

A treating medical practitioner who makes medical decisions regarding the prescription and administration

of medication for treatment of a mental illness has access to the relevant sections of a patient's health records

on past administration of medication at any facility, program, or treatment provider, if the patient lacks the

capacity to authorize the release of records. Upon request of a treating medical practitioner under this section,

a facility, program, or treatment provider shall supply complete information relating to the past records on

administration of medication of a patient subject to this chapter. A patient who has the capacity to authorize

the release of data retains the right to make decisions regarding access to medical records as provided by

sections 144.291 to 144.298.

History: 1997 c 217 art 1 s 61; 1998 c 313 s 10; 2007 c 147 art 10 s 15; 1Sp2020 c 2 art 6 s 54

253B.093 [Renumbered 253B.097]

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253B.095 RELEASE BEFORE COMMITMENT.

Subdivision 1. Court release. (a) After the hearing and before a commitment order has been issued, the

court may release a proposed patient to the custody of an individual or agency upon conditions that guarantee

the care and treatment of the patient.

(b) A person against whom a criminal proceeding is pending may not be released.

(d) When the court stays an order for commitment for more than 14 days beyond the date of the initially

scheduled hearing, the court shall issue an order that must include:

(1) a written plan for services to which the proposed patient has agreed;

(2) a finding that the proposed treatment is available and accessible to the patient and that public or

private financial resources are available to pay for the proposed treatment;

(3) conditions the patient must meet to avoid revocation of the stayed commitment order and imposition

of the commitment order; and

(4) a condition that the patient is prohibited from giving consent to participate in a clinical drug trial

while the court order is in effect.

(e) Notwithstanding paragraph (d), clause (4), during the period of a stay of commitment, the court may

allow the patient to give consent to participate in a specific psychiatric clinical drug trial if the treating

psychiatrist testifies or submits an affidavit that the patient may benefit from participating in the trial because,

after providing other treatment options for a reasonable period of time, those options have been ineffective.

The treating psychiatrist must not be the psychiatrist conducting the psychiatric clinical drug trial. The court

must determine that, under the circumstances of the case, the patient is competent to choose to participate

in the trial, that the patient is freely choosing to participate in the trial, that the compulsion of the stayed

commitment is not being used to coerce the person to participate in the clinical trial, and that a reasonable

person may choose to participate in the clinical trial.

(f) A person receiving treatment under this section has all rights under this chapter.

Subd. 2. Case manager. When a court releases a patient under this section, the court shall direct the

case manager to report to the court at least once every 90 days and shall immediately report a substantial

failure of a patient or provider to comply with the conditions of the release.

Subd. 3. Duration. The maximum duration of a stayed order under this section is six months. The court

may continue the order for a maximum of an additional 12 months if, after notice and hearing, under sections

253B.08 and 253B.09 the court finds that (1) the person continues to have a mental illness, developmental

disability, or chemical dependency, and (2) an order is needed because the person is likely to attempt to

physically harm self or others or fail to obtain necessary food, clothing, shelter, or medical care unless the

person is under the supervision of a stayed commitment.

Subd. 4. Modification of order. An order under this section may be modified upon agreement of the

parties and approval of the court.

Subd. 5. Revocation of order. The court, on its own motion or upon the motion of any party that the

patient has not complied with a material condition of release, and after notice and a hearing unless otherwise

ordered by the court, may revoke any release and commit the proposed patient under this chapter.

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Subd. 6. [Renumbered subd 4]

Subd. 7. [Renumbered subd 5]

History: 1988 c 623 s 8; 1997 c 217 art 1 s 62; 1998 c 313 s 11; 2005 c 56 s 1; 2009 c 58 s 1; 1Sp2020

c 2 art 6 s 55

253B.097 COMMUNITY-BASED TREATMENT.

Subdivision 1. Findings. In addition to the findings required under section 253B.09, subdivision 2, an

order committing a person to a community-based treatment program must include:

(1) a written plan for services to the patient;

(2) a finding that the proposed treatment is available and accessible to the patient and that public or

private financial resources are available to pay for the proposed treatment;

(3) conditions the patient must meet in order to obtain an early release from commitment or to avoid a

hearing for further commitment; and

(4) consequences of the patient's failure to follow the commitment order. Consequences may include

commitment to another setting for treatment.

Subd. 2. Case manager. When a court commits a patient with mental illness to a community-based

treatment program, the court shall appoint a case manager from the county agency or other entity under

contract with the county agency to provide case management services.

Subd. 3. Reports. The case manager shall report to the court at least once every 90 days. The case

manager shall immediately report to the court a substantial failure of the patient or provider to comply with

the conditions of the commitment.

Subd. 4. Modification of order. An order for community-based treatment may be modified upon

agreement of the parties and approval of the court.

Subd. 5. Noncompliance. The case manager may petition for a reopening of the commitment hearing

if a patient or provider fails to comply with the terms of an order for community-based treatment.

Subd. 6. Immunity from liability. No treatment facility, community-based treatment program, or person

is financially liable, personally or otherwise, for the patient's actions if the facility or person follows accepted

community standards of professional practice in the management, supervision, and treatment of the patient.

For purposes of this subdivision, "person" means official, staff, employee of the treatment facility,

community-based treatment program, physician, or other individual who is responsible for a patient's

management, supervision, or treatment under this section.

History: 1988 c 623 s 7; 1997 c 217 art 1 s 117; 1Sp2020 c 2 art 6 s 56-59

253B.10 PROCEDURES UPON COMMITMENT.

Subdivision 1. Administrative requirements. (a) When a person is committed, the court shall issue a

warrant or an order committing the patient to the custody of the head of the treatment facility, state-operated

treatment program, or community-based treatment program. The warrant or order shall state that the patient

meets the statutory criteria for civil commitment.

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(b) The commissioner shall prioritize patients being admitted from jail or a correctional institution who

are:

(1) ordered confined in a state-operated treatment program for an examination under Minnesota Rules

of Criminal Procedure, rules 20.01, subdivision 4, paragraph (a), and 20.02, subdivision 2;

(2) under civil commitment for competency treatment and continuing supervision under Minnesota

Rules of Criminal Procedure, rule 20.01, subdivision 7;

(3) found not guilty by reason of mental illness under Minnesota Rules of Criminal Procedure, rule

20.02, subdivision 8, and under civil commitment or are ordered to be detained in a state-operated treatment

program pending completion of the civil commitment proceedings; or

(4) committed under this chapter to the commissioner after dismissal of the patient's criminal charges.

Patients described in this paragraph must be admitted to a state-operated treatment program within 48 hours.

The commitment must be ordered by the court as provided in section 253B.09, subdivision 1, paragraph (d).

or community-based treatment program, the head of the facility or program shall retain the duplicate of the

warrant and endorse receipt upon the original warrant or acknowledge receipt of the order. The endorsed

receipt or acknowledgment must be filed in the court of commitment. After arrival, the patient shall be under

the control and custody of the head of the facility or program.

(d) Copies of the petition for commitment, the court's findings of fact and conclusions of law, the court

order committing the patient, the report of the court examiners, and the prepetition report, and any medical

and behavioral information available shall be provided at the time of admission of a patient to the designated

treatment facility or program to which the patient is committed. Upon a patient's referral to the commissioner

of human services for admission pursuant to subdivision 1, paragraph (b), any inpatient hospital, treatment

facility, jail, or correctional facility that has provided care or supervision to the patient in the previous two

years shall, when requested by the treatment facility or commissioner, provide copies of the patient's medical

and behavioral records to the Department of Human Services for purposes of preadmission planning. This

information shall be provided by the head of the treatment facility to treatment facility staff in a consistent

and timely manner and pursuant to all applicable laws.

(e) Patients described in paragraph (b) must be admitted to a state-operated treatment program within

48 hours of the Office of Medical Director, under section 246.018, or a designee determining that a medically

appropriate bed is available. This paragraph expires on June 30, 2025.

Subd. 2. Transportation. (a) When a patient is about to be placed in a treatment facility, state-operated

treatment program, or community-based treatment program, the court may order the designated agency,

treatment facility, state-operated treatment program, or community-based treatment program, or any

responsible adult to transport the patient. A protected transport provider may transport the patient according

to section 256B.0625, subdivision 17. Whenever possible, a peace officer who provides the transportation

shall not be in uniform and shall not use a vehicle visibly marked as a law enforcement vehicle. The proposed

patient may be accompanied by one or more interested persons.

(b) When a patient who is at a state-operated treatment program requests a hearing for adjudication of

a patient's status pursuant to section 253B.17, the commissioner shall provide transportation.

Subd. 3. Notice of admission. Whenever a committed person has been admitted to a treatment facility,

state-operated treatment program, or community-based treatment program under the provisions of section

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253B.09 or 253B.18, the head of the facility or program shall immediately notify the patient's spouse, health

care agent, or parent and the county of financial responsibility if the county may be liable for a portion of

the cost of treatment. If the committed person was admitted upon the petition of a spouse, health care agent,

or parent, the head of the treatment facility, state-operated treatment program, or community-based treatment

program shall notify an interested person other than the petitioner.

Subd. 3a. Interim custody and treatment of committed person. When the patient is present in a

treatment facility or state-operated treatment program at the time of the court's commitment order, unless

the court orders otherwise, the commitment order constitutes authority for that 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.

Subd. 4. Private treatment. Patients or other responsible persons are required to pay the necessary

charges for patients committed or transferred to treatment facilities or community-based treatment programs.

Treatment facilities or community-based treatment programs may not refuse to accept a committed person

solely based on the person's court-ordered status. Insurers must provide treatment and services as ordered

by the court under section 253B.045, subdivision 6, or as required under chapter 62M.

Subd. 5. Transfer to voluntary status. At any time prior to the expiration of the initial commitment

period, a patient who has not been committed as a person who has a mental illness and is dangerous to the

public or a sexually dangerous person or a sexual psychopathic personality may be transferred to voluntary

status upon the patient's application in writing with the consent of the head of the facility or program to

which the person is committed. Upon transfer, the head of the treatment facility, state-operated treatment

program, or community-based treatment program shall immediately notify the court in writing and the court

shall terminate the proceedings.

History: 1982 c 581 s 10; 1986 c 444; 1997 c 217 art 1 s 63; 1Sp2001 c 9 art 9 s 36; 2002 c 379 art 1

s 113; 2009 c 108 s 7; 2010 c 300 s 21; 2010 c 357 s 8; 2013 c 108 art 4 s 11; 1Sp2017 c 6 art 6 s 2; 1Sp2020

c 2 art 6 s 60; 2023 c 61 art 4 s 7

253B.11 Subdivision 1. [Renumbered 253B.045, subdivision 1]

Subd. 2. [Renumbered 253B.045, subd 2]

Subd. 2a. [Renumbered 253B.045, subd 3]

Subd. 3. [Renumbered 253B.045, subd 4]

253B.12 TREATMENT REPORT; REVIEW; HEARING.

Subdivision 1. Reports. (a) If a patient who was committed as a person who poses a risk of harm due

to a mental illness, or as a person who has a developmental disability or chemical dependency, is discharged

from commitment within the first 60 days after the date of the initial commitment order, the head of the

treatment facility, state-operated treatment program, or community-based treatment program shall file a

written report with the committing court describing the patient's need for further treatment. A copy of the

report must be provided to the county attorney, the patient, and the patient's counsel.

(b) If a patient who was committed as a person who poses a risk of harm due to a mental illness, or as

a person who has a developmental disability or chemical dependency, remains in treatment more than 60

days after the date of the commitment, then at least 60 days, but not more than 90 days, after the date of the

order, the head of the facility or program that has custody of the patient shall file a written report with the

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committing court and provide a copy to the county attorney, the patient, and the patient's counsel. The report

must set forth in detailed narrative form at least the following:

(1) the diagnosis of the patient with the supporting data;

(2) the anticipated discharge date;

(3) an individualized treatment plan;

(4) a detailed description of the discharge planning process with suggested after care plan;

(5) whether the patient is in need of further care and treatment, the treatment facility, state-operated

treatment program, or community-based treatment program that is needed, and evidence to support the

response;

(6) whether the patient satisfies the statutory requirement for continued commitment with documentation

to support the opinion;

(7) a statement from the patient related to accepting treatment, if possible; and

(8) whether the administration of neuroleptic medication is clinically indicated, whether the patient is

able to give informed consent to that medication, and the basis for these opinions.

the facility or program that has custody or care of the patient shall file a written report with the committing

court with a copy to the county attorney, the patient, and the patient's counsel that sets forth the information

required in paragraph (b).

(d) If the patient has been provisionally discharged from a facility or program, the report shall be filed

by the designated agency, which may submit the discharge report as part of its report.

(e) If a report describes the patient as not in need of further court-ordered treatment, the proceedings

must be terminated by the committing court and the patient discharged from the treatment facility,

state-operated treatment program, or community-based treatment program, unless the patient chooses to

voluntarily receive services.

(f) If no written report is filed within the required time, the court must notify the county, facility or

program to which the person is committed, and designated agency and require a report be filed within five

business days. If a report is not filed within five business days a hearing must be held within three business

days.

Subd. 2. MS 2018 [Repealed, 1Sp2020 c 2 art 6 s 124]

Subd. 2a. Time and place for hearing. (a) Unless the proceedings are terminated under subdivision 1,

paragraph (e), a review hearing must be held within 14 days after receipt by the committing court of the

report required under subdivision 1, paragraph (c) or (d), and before the time the commitment expires. For

good cause shown, the court may continue the hearing for up to an additional 14 days and extend any orders

until the review hearing is held.

(b) The patient, the patient's counsel, the petitioner, and other persons as the court directs must be given

at least five days' notice of the time and place of the hearing. The hearing may be conducted by interactive

video conference under General Rules of Practice, rule 131, and Minnesota Rules of Civil Commitment,

rule 14.

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Subd. 3. Examination. Prior to the review hearing, the court shall inform the patient of the right to an

independent examination by a court examiner chosen by the patient and appointed in accordance with

provisions of section 253B.07, subdivision 3. The report of the court examiner may be submitted at the

hearing.

Subd. 4. Hearing; standard of proof. (a) The committing court shall not make a final determination

of the need to continue commitment unless the court finds by clear and convincing evidence that (1) the

patient continues to have a mental illness, developmental disability, or chemical dependency; (2) involuntary

commitment is necessary for the protection of the patient or others; and (3) there is no alternative to

involuntary commitment.

(b) In determining whether a patient continues to require commitment due to mental illness, developmental

disability, or chemical dependency, the court need not find that there has been a recent attempt or threat to

physically harm self or others, or a recent failure to provide necessary food, clothing, shelter, or medical

care. Instead, the court must find that the patient is likely to attempt to physically harm self or others, or to

fail to obtain necessary food, clothing, shelter, or medical care unless involuntary commitment is continued.

Subd. 5. [Repealed, 1997 c 217 art 1 s 118]

Subd. 6. Waiver. A patient, after consultation with counsel, may waive any hearing under this section

or section 253B.13 in writing. The waiver shall be signed by the patient and counsel. The waiver must be

submitted to the committing court.

Subd. 7. Record required. Where continued commitment is ordered, the findings of fact and conclusions

of law shall specifically state the conduct of the proposed patient which is the basis for the final determination,

that the statutory criteria of commitment continue to be met, and that less restrictive alternatives have been

considered and rejected by the court. Reasons for rejecting each alternative shall be stated. A copy of the

final order for continued commitment shall be forwarded to the head of the facility or program to which the

person is committed and, if the patient has been provisionally discharged, to the designated agency responsible

for monitoring the provisional discharge.

Subd. 8. [Repealed, 1997 c 217 art 1 s 118]

History: 1982 c 581 s 12; 1983 c 251 s 14; 1983 c 348 s 10; 1986 c 444; 1990 c 378 s 2; 1995 c 189 s

6; 1997 c 217 art 1 s 66-69; 1998 c 313 s 12; 2002 c 221 s 24; 2005 c 56 s 1; 2015 c 65 art 2 s 2; 1Sp2020

c 2 art 6 s 61-64

253B.13 DURATION OF CONTINUED COMMITMENT.

Subdivision 1. Persons with mental illness or chemical dependency. (a) If at the conclusion of a

review hearing the court finds that the person continues to have mental illness or chemical dependency and

need treatment or supervision, the court shall determine the length of continued commitment. No period of

commitment shall exceed this length of time or 12 months, whichever is less.

(b) At the conclusion of the prescribed period under paragraph (a), commitment may not be continued

unless a new petition is filed pursuant to section 253B.07 and hearing and determination made on it. If the

petition was filed before the end of the previous commitment and, for good cause shown, the court has not

completed the hearing and the determination by the end of the commitment period, the court may for good

cause extend the previous commitment for up to 14 days to allow the completion of the hearing and the

issuance of the determination. The standard of proof for the new petition is the standard specified in section

253B.12, subdivision 4. Notwithstanding the provisions of section 253B.09, subdivision 5, the initial

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commitment period under the new petition shall be the probable length of commitment necessary or 12

months, whichever is less.

Subd. 2. Persons who are developmentally disabled. If, at the conclusion of a review hearing the court

finds that the person continues to be developmentally disabled, the court shall order commitment of the

person for an indeterminate period of time, subject to the reviews required by section 253B.03, subdivisions

5 and 7, and subject to the right of the patient to seek judicial review of continued commitment.

Subd. 3. [Repealed, 1997 c 217 art 1 s 118]

History: 1982 c 581 s 13; 1983 c 251 s 15; 1985 c 231 s 1; 1997 c 217 art 1 s 70,71; 2005 c 56 s 1;

1Sp2020 c 2 art 6 s 65

253B.14 TRANSFER OF COMMITTED PERSONS.

The commissioner may transfer any committed person, other than a person committed as a person who

has a mental illness and is dangerous to the public, a sexually dangerous person, or a sexual psychopathic

personality, from one state-operated treatment program to any other state-operated treatment program capable

of providing proper care and treatment. When a committed person is transferred from one state-operated

treatment program to another, written notice shall be given to the committing court, the county attorney, the

patient's counsel, and to the person's parent, health care agent, or spouse or, if none is known, to an interested

person, and the designated agency.

History: 1982 c 581 s 14; 1986 c 444; 1997 c 217 art 1 s 72; 2009 c 108 s 8; 2010 c 300 s 22; 1Sp2020

c 2 art 6 s 66

253B.141 AUTHORITY TO DETAIN AND TRANSPORT A MISSING PATIENT.

Subdivision 1. Report of absence. (a) If a patient committed under this chapter or detained in a treatment

facility or state-operated treatment program under a judicial hold is absent without authorization, and either:

(1) does not return voluntarily within 72 hours of the time the unauthorized absence began; or (2) is considered

by the head of the facility or program to be a danger to self or others, then the head of the facility or program

shall report the absence to the local law enforcement agency. The head of the facility or program shall also

notify the committing court that the patient is absent and that the absence has been reported to the local law

enforcement agency. The committing court may issue an order directing the law enforcement agency to

transport the patient to an appropriate treatment facility, state-operated treatment program, or community-based

treatment program.

(b) Upon receiving a report that a patient subject to this section is absent without authorization, the local

law enforcement agency shall enter information on the patient into the missing persons file of the National

Crime Information Center computer according to the missing persons practices.

Subd. 2. Apprehension; return to facility or program. (a) Upon receiving the report of absence from

the head of the treatment facility, state-operated treatment program, or community-based treatment program

or the committing court, a patient may be apprehended and held by a peace officer in any jurisdiction pending

return to the facility or program from which the patient is absent without authorization. A patient may also

be returned to any state-operated treatment program or any other treatment facility or community-based

treatment program willing to accept the person. A person who has a mental illness and is dangerous to the

public and detained under this subdivision may be held in a jail or lockup only if:

(1) there is no other feasible place of detention for the patient;

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(2) the detention is for less than 24 hours; and

(3) there are protections in place, including segregation of the patient, to ensure the safety of the patient.

(b) If a patient is detained under this subdivision, the head of the facility or program from which the

patient is absent shall arrange to pick up the patient within 24 hours of the time detention was begun and

shall be responsible for securing transportation for the patient to the facility or program. The expense of

detaining and transporting a patient shall be the responsibility of the facility or program from which the

patient is absent. The expense of detaining and transporting a patient to a state-operated treatment program

shall be paid by the commissioner unless paid by the patient or persons on behalf of the patient.

Subd. 3. Notice of apprehension. Immediately after an absent patient is located, the head of the facility

or program from which the patient is absent, or the law enforcement agency that located or returned the

absent patient, shall notify the law enforcement agency that first received the absent patient report under

this section and that agency shall cancel the missing persons entry from the National Crime Information

Center computer.

History: 1997 c 217 art 1 s 73; 1998 c 313 s 13; 2002 c 221 s 25; 2009 c 59 art 6 s 6; 2011 c 102 art

2 s 1; 1Sp2020 c 2 art 6 s 67

253B.15 PROVISIONAL DISCHARGE; PARTIAL INSTITUTIONALIZATION.

Subdivision 1. Provisional discharge. (a) The head of the treatment facility, state-operated treatment

program, or community-based treatment program may provisionally discharge any patient without discharging

the commitment, unless the patient was found by the committing court to be a person who has a mental

illness and is dangerous to the public, a sexually dangerous person, or a sexual psychopathic personality.

(b) When a patient committed to the commissioner becomes ready for provisional discharge before

being placed in a state-operated treatment program, the head of the treatment facility or community-based

treatment program where the patient is placed pending transfer to the commissioner may provisionally

discharge the patient pursuant to this subdivision.

developed with input from the patient and the designated agency which specifies the services and treatment

to be provided as part of the provisional discharge plan, the financial resources available to pay for the

services specified, the expected period of provisional discharge, the precise goals for the granting of a final

discharge, and conditions or restrictions on the patient during the period of the provisional discharge. The

provisional discharge plan shall be provided to the patient, the patient's attorney, and the designated agency.

(d) The provisional discharge plan shall be reviewed on a quarterly basis by the patient, designated

agency and other appropriate persons. The provisional discharge plan shall contain the grounds upon which

a provisional discharge may be revoked. The provisional discharge shall terminate on the date specified in

the plan unless specific action is taken to revoke or extend it.

Subd. 1a. Representative of designated agency. Before a provisional discharge is granted, a

representative of the designated agency must be identified to ensure continuity of care by being involved

with the treatment facility, state-operated treatment program, or community-based treatment program and

the patient prior to the provisional discharge. The representative of the designated agency shall coordinate

plans for and monitor the patient's aftercare program. When the patient is on a provisional discharge, the

representative of the designated agency shall provide the treatment report to the court required under section

253B.12, subdivision 1.

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Subd. 2. Revocation of provisional discharge. (a) The designated agency may initiate with the court

a revocation of a provisional discharge if revocation is the least restrictive alternative and either:

(1) the patient has violated material conditions of the provisional discharge, and the violation creates

the need to return the patient to a more restrictive setting or more intensive community services; or

(2) there exists a serious likelihood that the safety of the patient or others will be jeopardized, in that

either the patient's need for food, clothing, shelter, or medical care are not being met, or will not be met in

the near future, or the patient has attempted or threatened to seriously physically harm self or others.

(b) Any interested person may request that the designated agency revoke the patient's provisional

discharge. Any person making a request shall provide the designated agency with a written report setting

forth the specific facts, including witnesses, dates and locations, supporting a revocation, demonstrating that

every effort has been made to avoid revocation and that revocation is the least restrictive alternative available.

Subd. 3. Procedure; notice. Revocation shall be commenced by the designated agency's written notice

of intent to revoke provisional discharge given or sent to the patient, the patient's attorney, the facility or

program from which the patient was provisionally discharged, and the current community services provider.

The notice shall set forth the grounds upon which the intention to revoke is based, and shall inform the

patient of the rights of a patient under this chapter.

Subd. 3a. Report to the court. Within 48 hours, excluding weekends and legal holidays, of giving

notice to the patient, the designated agency shall file with the court a copy of the notice and a report setting

forth the specific facts, including witnesses, dates and locations, which (1) support revocation, (2) demonstrate

that revocation is the least restrictive alternative available, and (3) show that specific efforts were made to

avoid revocation. The designated agency shall provide copies of the report to the patient, the patient's attorney,

the county attorney, and the treatment facility or program from which the patient was provisionally discharged

within 48 hours of giving notice to the patient under subdivision 3.

Subd. 3b. Review. The patient or patient's attorney may request judicial review of the intended revocation

by filing a petition for review and an affidavit with the committing court. The affidavit shall state specific

grounds for opposing the revocation. If the patient does not file a petition for review within five days of

receiving the notice under subdivision 3, revocation of the provisional discharge is final and the court,

without hearing, may order the patient into a facility or program from which the patient was provisionally

discharged, another treatment facility, state-operated treatment program, or community-based treatment

program that consents to receive the patient, or more intensive community treatment. If the patient files a

petition for review, the court shall review the petition and determine whether a genuine issue exists as to

the propriety of the revocation. The burden of proof is on the designated agency to show that no genuine

issue exists as to the propriety of the revocation. If the court finds that no genuine issue exists as to the

propriety of the revocation, the revocation of the provisional discharge is final.

Subd. 3c. Hearing. (a) If the court finds under subdivision 3b that a genuine issue exists as to the

propriety of the revocation, the court shall hold a hearing on the petition within three days after the patient

files the petition. The court may continue the review hearing for an additional five days upon any party's

showing of good cause. At the hearing, the burden of proof is on the designated agency to show a factual

basis for the revocation. At the conclusion of the hearing, the court shall make specific findings of fact. The

court shall affirm the revocation if it finds:

(1) a factual basis for revocation due to:

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(i) a violation of the material conditions of the provisional discharge that creates a need for the patient

to return to a more restrictive setting or more intensive community services; or

(ii) a probable danger of harm to the patient or others if the provisional discharge is not revoked; and

(2) that revocation is the least restrictive alternative available.

(b) If the court does not affirm the revocation, the court shall order the patient returned to provisional

discharge status.

Subd. 4. [Repealed, 1997 c 217 art 1 s 118]

Subd. 5. Return to facility. When the designated agency gives or sends notice of the intent to revoke

a patient's provisional discharge, it may also apply to the committing court for an order directing that the

patient be returned to the facility or program from which the patient was provisionally discharged or another

treatment facility, state-operated treatment program, or community-based treatment program that consents

to receive the patient. The court may order the patient returned to a facility or program prior to a review

hearing only upon finding that immediate return is necessary because there is a serious likelihood that the

safety of the patient or others will be jeopardized, in that (1) the patient's need for food, clothing, shelter, or

medical care is not being met, or will not be met in the near future, or (2) the patient has attempted or

threatened to seriously harm self or others. If a voluntary return is not arranged, the head of the treatment

facility, state-operated treatment program, or community-based treatment program may request a health

officer or a peace officer to return the patient to the facility or program from which the patient was released

or to any other treatment facility, state-operated treatment program, or community-based treatment program

that consents to receive the patient. If necessary, the head of the treatment facility, state-operated treatment

program, or community-based treatment program may request the committing court to direct a health officer

or peace officer in the county where the patient is located to return the patient to the facility or program or

to another treatment facility, state-operated treatment program, or community-based treatment program that

consents to receive the patient. The expense of returning the patient to a state-operated treatment program

shall be paid by the commissioner unless paid by the patient or the patient's relatives. If the court orders the

patient to return to the facility or program, or if a health officer or peace officer returns the patient to the

facility or program, and the patient wants judicial review of the revocation, the patient or the patient's attorney

must file the petition for review and affidavit required under subdivision 3b within 14 days of receipt of the

notice of the intent to revoke.

Subd. 6. [Repealed, 1997 c 217 art 1 s 118]

Subd. 7. Modification and extension of provisional discharge. (a) A provisional discharge may be

modified upon agreement of the parties.

(b) A provisional discharge may be extended only in those circumstances where the patient has not

achieved the goals set forth in the provisional discharge plan or continues to need the supervision or assistance

provided by an extension of the provisional discharge. In determining whether the provisional discharge is

to be extended, the designated agency shall consider the willingness and ability of the patient to voluntarily

obtain needed care and treatment.

attorney at least 30 days prior to the expiration of the provisional discharge unless the patient cannot be

located or is unavailable to receive the notice. The proposal for extension shall include: the specific grounds

for proposing the extension, the anniversary date of the provisional discharge, the termination date of the

provisional discharge, and the proposed length of extension. If the grounds for proposing the extension occur

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less than 30 days before its expiration, the designated agency must submit the written proposal for extension

as soon as practicable.

(d) The designated agency shall extend a provisional discharge only after providing the patient an

opportunity for a meeting to object or make suggestions for alternatives to an extension. The designated

agency shall provide a written decision to the patient and the patient's attorney regarding extension within

five days after receiving the patient's input or after holding a meeting with the patient or after the patient

has declined to provide input or participate in the meeting. The designated agency may seek input from the

community-based treatment team or other persons the patient chooses.

Subd. 8. Effect of extension. No provisional discharge, revocation, or extension shall extend the term

of the commitment beyond the period provided for in the commitment order.

Subd. 8a. Provisional discharge extension. If the provisional discharge extends until the end of the

period of commitment and, before the commitment expires, the court extends the commitment under section

253B.12 or issues a new commitment order under section 253B.13, the provisional discharge shall continue

for the duration of the new or extended period of commitment ordered unless the commitment order provides

otherwise or the designated agency revokes the patient's provisional discharge pursuant to this section. To

continue the patient's provisional discharge under this subdivision, the designated agency is not required to

comply with the procedures in subdivision 7.

Subd. 9. Expiration of provisional discharge. (a) Except as otherwise provided, a provisional discharge

is absolute when it expires. If, while on provisional discharge or extended provisional discharge, a patient

is discharged as provided in section 253B.16, the discharge shall be absolute.

(b) The designated agency shall give notice of the expiration of the provisional discharge to the committing

court; the petitioner, if known; the patient's attorney; the county attorney in the county of commitment; and

the facility or program that provisionally discharged the patient.

Subd. 10. Voluntary return. (a) With the consent of the head of the treatment facility or state-operated

treatment program, a patient may voluntarily return to inpatient status as follows:

(1) as a voluntary patient, in which case the patient's commitment is discharged;

(2) as a committed patient, in which case the patient's provisional discharge is voluntarily revoked; or

(3) on temporary return from provisional discharge, in which case both the commitment and the

provisional discharge remain in effect.

(b) Prior to readmission, the patient shall be informed of status upon readmission.

Subd. 11. MS 2018 [Repealed, 1Sp2020 c 2 art 6 s 124]

History: 1982 c 581 s 15; 1983 c 251 s 16-18; 1986 c 444; 1988 c 623 s 9-14; 1997 c 217 art 1 s 74-82;

1998 c 313 s 14-19; 2002 c 221 s 26; 2010 c 300 s 23; 1Sp2020 c 2 art 6 s 68-79

253B.16 DISCHARGE OF COMMITTED PERSONS.

Subdivision 1. Date. The head of a treatment facility, state-operated treatment program, or

community-based treatment program shall discharge any patient admitted as a person who poses a risk of

harm due to mental illness, or a person who has a chemical dependency or a developmental disability when

the head of the facility or program certifies that the person is no longer in need of care and treatment under

commitment or at the conclusion of any period of time specified in the commitment order, whichever occurs

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first. The head of a facility or program shall discharge any person admitted as a person with a developmental

disability when that person's screening team has determined, under section 256B.092, subdivision 8, that

the person's needs can be met by services provided in the community and a plan has been developed in

consultation with the interdisciplinary team to place the person in the available community services.

Subd. 2. Notification of discharge. Prior to the discharge or provisional discharge of any committed

patient, the head of the treatment facility, state-operated treatment program, or community-based treatment

program shall notify the designated agency and the patient's spouse or health care agent, or if there is no

spouse or health care agent, then an adult child, or if there is none, the next of kin of the patient, of the

proposed discharge. The facility or program shall send the notice in writing and shall include the following:

(1) the proposed date of discharge or provisional discharge; (2) the date, time and place of the meeting of

the staff who have been treating the patient to discuss discharge and discharge planning; (3) the fact that the

patient will be present at the meeting; and (4) the fact that the next of kin or health care agent may attend

that staff meeting and present any information relevant to the discharge of the patient.

History: 1982 c 581 s 16; 1986 c 444; 1988 c 623 s 15; 1997 c 217 art 1 s 83; 2002 c 221 s 27; 2005

c 56 s 1; 2009 c 108 s 9; 1Sp2020 c 2 art 6 s 80

253B.17 RELEASE; JUDICIAL DETERMINATION.

Subdivision 1. Petition. Any patient, except one committed as a sexually dangerous person or a person

with a sexual psychopathic personality or as a person who has a mental illness and is dangerous to the public

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 under commitment or for an order that an individual is no longer a person who poses a risk

of harm due to mental illness, or a person who has a developmental disability or chemical dependency, or

for any other relief. A patient committed as a person who poses a risk of harm due to mental illness, a person

who has a mental illness and is dangerous to the public, a sexually dangerous person, or a person with a

sexual psychopathic personality 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 facility or program to which

the person is committed, and other persons as the court directs. Any person may oppose the petition.

Subd. 3. Court examiners. The court shall appoint a court examiner and, at the patient's request, shall

appoint a second court 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, a court examiner 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 court examiners. The

court may hear any relevant testimony and evidence offered at the hearing.

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Subd. 5. Order. Upon completion of the hearing, the court shall enter an order stating its findings and

decision and mail the order to the head of the treatment facility, state-operated treatment program, or

community-based treatment program.

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; 2013 c 49 s 6; 1Sp2020 c 2 art 6

s 81

253B.18 PERSONS WHO ARE MENTALLY ILL AND DANGEROUS TO THE PUBLIC.

Subdivision 1. Procedure. (a) Upon the filing of a petition alleging that a proposed patient is a person

who has a mental illness and is dangerous to the public, the court shall hear the petition as provided in

sections 253B.07 and 253B.08. If the court finds by clear and convincing evidence that the proposed patient

is a person who has a mental illness and is dangerous to the public, it shall commit the person to a secure

treatment facility or to a treatment facility or state-operated treatment program willing to accept the patient

under commitment. The court shall commit the patient to a secure treatment facility unless the patient or

others establish by clear and convincing evidence that a less restrictive state-operated treatment program or

treatment facility is available that is consistent with the patient's treatment needs and the requirements of

public safety. In any case where the petition was filed immediately following the acquittal of the proposed

patient for a crime against the person pursuant to a verdict of not guilty by reason of mental illness, the

verdict constitutes evidence that the proposed patient is a person who has a mental illness and is dangerous

to the public within the meaning of this section. The proposed patient has the burden of going forward in

the presentation of evidence. The standard of proof remains as required by this chapter. Upon commitment,

admission procedures shall be carried out pursuant to section 253B.10.

(b) Once a patient is admitted to a treatment facility or state-operated treatment program pursuant to a

commitment under this subdivision, treatment must begin regardless of whether a review hearing will be

held under subdivision 2.

Subd. 2. Review; hearing. (a) A written treatment report shall be filed by the treatment facility or

state-operated treatment program with the committing court within 60 days after commitment. If the person

is in the custody of the commissioner of corrections when the initial commitment is ordered under subdivision

1, the written treatment report must be filed within 60 days after the person is admitted to the state-operated

treatment program or treatment facility. The court shall hold a hearing to make a final determination as to

whether the patient should remain committed as a person who has a mental illness and is dangerous to the

public. The hearing shall be held within the earlier of 14 days of the court's receipt of the written treatment

report, or within 90 days of the date of initial commitment or admission, unless otherwise agreed by the

parties.

(b) The court may, with agreement of the county attorney and the patient's attorney:

(1) waive the review hearing under this subdivision and immediately order an indeterminate commitment

under subdivision 3; or

(2) continue the review hearing for up to one year.

mental illness, but not as a person who has a mental illness and is dangerous to the public, the court may

commit the patient as a person who poses a risk of harm due to mental illness and the court shall deem the

patient not to be dangerous to the public for the purposes of subdivisions 4a to 15. Failure of the treatment

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facility or state-operated treatment program to provide the required treatment report at the end of the 60-day

period shall not result in automatic discharge of the patient.

Subd. 3. Indeterminate commitment. If the court finds at the final determination hearing held pursuant

to subdivision 2 that the patient continues to be a person who has a mental illness and is dangerous to the

public, then the court shall order commitment of the proposed patient for an indeterminate period of time.

After a final determination that a patient is a person who has a mental illness and is dangerous to the public,

the patient shall be transferred, provisionally discharged or discharged, only as provided in this section.

Subd. 4. [Repealed, 1997 c 217 art 1 s 118]

Subd. 4a. Release on pass; notification. A patient who has been committed as a person who has a

mental illness and is dangerous to the public and who is confined at a secure treatment facility or has been

transferred out of a secure treatment facility according to section 253B.18, subdivision 6, shall not be released

on a pass unless the pass is part of a pass plan that has been approved by the medical director of the secure

treatment facility. The pass plan must have a specific therapeutic purpose consistent with the treatment plan,

must be established for a specific period of time, and must have specific levels of liberty delineated. The

county case manager must be invited to participate in the development of the pass plan. At least ten days

prior to a determination on the plan, the medical director shall notify the designated agency, the committing

court, the county attorney of the county of commitment, an interested person, the local law enforcement

agency where the facility is located, the county attorney and the local law enforcement agency in the location

where the pass is to occur, the petitioner, and the petitioner's counsel of the plan, the nature of the passes

proposed, and their right to object to the plan. If any notified person objects prior to the proposed date of

implementation, the person shall have an opportunity to appear, personally or in writing, before the medical

director, within ten days of the objection, to present grounds for opposing the plan. The pass plan shall not

be implemented until the objecting person has been furnished that opportunity. Nothing in this subdivision

shall be construed to give a patient an affirmative right to a pass plan.

Subd. 4b. Pass-eligible status; notification. (a) The following patients committed to a secure treatment

facility shall not be placed on pass-eligible status unless that status has been approved by the medical director

of the secure treatment facility:

(1) a patient who has been committed as a person who has a mental illness and is dangerous to the public

and who:

(i) was found incompetent to proceed to trial for a felony or was found not guilty by reason of mental

illness of a felony immediately prior to the filing of the commitment petition;

(ii) was convicted of a felony immediately prior to or during commitment as a person who has a mental

illness and is dangerous to the public; or

(iii) is subject to a commitment to the commissioner of corrections; and

(2) a patient who has been committed as a psychopathic personality, a sexually psychopathic personality,

or a sexually dangerous person.

(b) At least ten days prior to a determination on the status, the medical director shall notify the committing

court, the county attorney of the county of commitment, the designated agency, an interested person, the

petitioner, and the petitioner's counsel of the proposed status, and their right to request review by the special

review board. If within ten days of receiving notice any notified person requests review by filing a notice

of objection with the commissioner and the head of the secure treatment facility, a hearing shall be held

before the special review board. The proposed status shall not be implemented unless it receives a favorable

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recommendation by a majority of the board and approval by the commissioner. The order of the commissioner

is appealable as provided in section 253B.19.

status from the special review board.

Subd. 4c. Special review board. (a) The commissioner shall establish one or more panels of a special

review board. The board shall consist of three members experienced in the field of mental illness. One

member of each special review board panel shall be a psychiatrist or a doctoral level psychologist with

forensic experience and one member shall be an attorney. No member shall be affiliated with the Department

of Human Services. The special review board shall meet at least every six months and at the call of the

commissioner. It shall hear and consider all petitions for a reduction in custody or to appeal a revocation of

provisional discharge. A "reduction in custody" means transfer from a secure treatment facility, discharge,

and provisional discharge. Patients may be transferred by the commissioner between secure treatment

facilities without a special review board hearing.

Members of the special review board shall receive compensation and reimbursement for expenses as

established by the commissioner.

(b) The special review board must review each denied petition under subdivision 5 for barriers and

obstacles preventing the patient from progressing in treatment. Based on the cases before the board in the

previous year, the special review board shall provide to the commissioner an annual summation of the

barriers to treatment progress, and recommendations to achieve the common goal of making progress in

treatment.

public under this section must be heard as provided in subdivision 5 and, as applicable, subdivision 13. A

petition filed by a person committed as a sexual psychopathic personality or as a sexually dangerous person

under chapter 253D, or committed as both a person who has a mental illness and is dangerous to the public

under this section and as a sexual psychopathic personality or as a sexually dangerous person must be heard

as provided in section 253D.27.

Subd. 5. Petition; notice of hearing; attendance; order. (a) A petition for a reduction in custody or

revocation of provisional discharge shall be filed with the commissioner and may be filed by the patient or

by the head of the treatment facility or state-operated treatment program to which the person was committed

or has been transferred. A patient may not petition the special review board for six months following

commitment under subdivision 3 or following the final disposition of any previous petition and subsequent

appeal by the patient. The head of the state-operated treatment program or head of the treatment facility

must schedule a hearing before the special review board for any patient who has not appeared before the

special review board in the previous three years, and schedule a hearing at least every three years thereafter.

The medical director may petition at any time.

(b) Fourteen days prior to the hearing, the committing court, the county attorney of the county of

commitment, the designated agency, interested person, the petitioner, and the petitioner's counsel shall be

given written notice by the commissioner of the time and place of the hearing before the special review

board. Only those entitled to statutory notice of the hearing or those administratively required to attend may

be present at the hearing. The patient may designate interested persons to receive notice by providing the

names and addresses to the commissioner at least 21 days before the hearing. The board shall provide the

commissioner with written findings of fact and recommendations within 21 days of the hearing. The

commissioner shall issue an order no later than 14 days after receiving the recommendation of the special

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review board. A copy of the order shall be mailed to every person entitled to statutory notice of the hearing

within five days after the order is signed. No order by the commissioner shall be effective sooner than 30

days after the order is signed, unless the county attorney, the patient, and the commissioner agree that it may

become effective sooner.

to the commissioner. The special review board proceedings are not contested cases as defined in chapter 14.

Any person or agency receiving notice that submits documentary evidence to the special review board prior

to the hearing shall also provide copies to the patient, the patient's counsel, the county attorney of the county

of commitment, the case manager, and the commissioner.

(d) Prior to the final decision by the commissioner, the special review board may be reconvened to

consider events or circumstances that occurred subsequent to the hearing.

(e) In making their recommendations and order, the special review board and commissioner must consider

any statements received from victims under subdivision 5a.

Subd. 5a. Victim notification of petition and release; right to submit statement. (a) As used in this

subdivision:

(1) "crime" has the meaning given to "violent crime" in section 609.1095, and includes criminal sexual

conduct in the fifth degree and offenses within the definition of "crime against the person" in section 253B.02,

subdivision 4e, and also includes offenses listed in section 253D.02, subdivision 8, paragraph (b), regardless

of whether they are sexually motivated;

(2) "victim" means a person who has incurred loss or harm as a result of a crime the behavior for which

forms the basis for a commitment under this section or chapter 253D; and

(3) "convicted" and "conviction" have the meanings given in section 609.02, subdivision 5, and also

include juvenile court adjudications, findings under Minnesota Rules of Criminal Procedure, rule 20.02,

that the elements of a crime have been proved, and findings in commitment cases under this section or

chapter 253D that an act or acts constituting a crime occurred or were part of their course of harmful sexual

conduct.

(b) A county attorney who files a petition to commit a person under this section or chapter 253D shall

make a reasonable effort to provide prompt notice of filing the petition to any victim of a crime for which

the person was convicted. In addition, the county attorney shall make a reasonable effort to promptly notify

the victim of the resolution of the petition and the process for requesting notification of an individual's

change in status as provided in paragraph (c).

(d) by submitting a written request for notification to the executive director of the facility in which the

individual is confined. The Department of Corrections or a county attorney who receives a request for

notification from a victim under this section shall promptly forward the request to the executive director of

the treatment facility in which the individual is confined.

(d) Before provisionally discharging, discharging, granting pass-eligible status, approving a pass plan,

or otherwise permanently or temporarily releasing a person committed under this section from a state-operated

treatment program or treatment facility, the head of the state-operated treatment program or head of the

treatment facility shall make a reasonable effort to notify any victim of a crime for which the person was

convicted that the person may be discharged or released and that the victim has a right to submit a written

statement regarding decisions of the medical director, special review board, or commissioner with respect

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to the person. To the extent possible, the notice must be provided at least 14 days before any special review

board hearing or before a determination on a pass plan. Notwithstanding section 611A.06, subdivision 4,

the commissioner shall provide the judicial appeal panel with victim information in order to comply with

the provisions of this section. The judicial appeal panel shall ensure that the data on victims remains private

as provided for in section 611A.06, subdivision 4. These notices shall only be provided to victims who have

submitted a written request for notification as provided in paragraph (c).

(e) The rights under this subdivision are in addition to rights available to a victim under chapter 611A.

This provision does not give a victim all the rights of a "notified person" or a person "entitled to statutory

notice" under subdivision 4a, 4b, or 5 or section 253D.14.

Subd. 6. Transfer. (a) A patient who is a person who has a mental illness and is dangerous to the public

shall not be transferred out of a secure treatment facility unless it appears to the satisfaction of the

commissioner, after a hearing and favorable recommendation by a majority of the special review board, that

the transfer is appropriate. Transfer may be to another state-operated treatment program. In those instances

where a commitment also exists to the Department of Corrections, transfer may be to a facility designated

by the commissioner of corrections.

(b) The following factors must be considered in determining whether a transfer is appropriate:

(1) the person's clinical progress and present treatment needs;

(2) the need for security to accomplish continuing treatment;

(3) the need for continued institutionalization;

(4) which facility can best meet the person's needs; and

(5) whether transfer can be accomplished with a reasonable degree of safety for the public.

subdivision, that committed person may voluntarily return to a secure treatment facility for a period of up

to 60 days with the consent of the head of the treatment facility.

(d) If the committed person is not returned to the original, nonsecure transfer facility within 60 days of

being readmitted to a secure treatment facility, the transfer is revoked and the committed person must remain

in a secure treatment facility. The committed person must immediately be notified in writing of the revocation.

(e) Within 15 days of receiving notice of the revocation, the committed person may petition the special

review board for a review of the revocation. The special review board shall review the circumstances of the

revocation and shall recommend to the commissioner whether or not the revocation should be upheld. The

special review board may also recommend a new transfer at the time of the revocation hearing.

(f) No action by the special review board is required if the transfer has not been revoked and the committed

person is returned to the original, nonsecure transfer facility with no substantive change to the conditions

of the transfer ordered under this subdivision.

(g) The head of the treatment facility may revoke a transfer made under this subdivision and require a

committed person to return to a secure treatment facility if:

(1) remaining in a nonsecure setting does not provide a reasonable degree of safety to the committed

person or others; or

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(2) the committed person has regressed clinically and the facility to which the committed person was

transferred does not meet the committed person's needs.

(h) Upon the revocation of the transfer, the committed person must be immediately returned to a secure

treatment facility. A report documenting the reasons for revocation must be issued by the head of the treatment

facility within seven days after the committed person is returned to the secure treatment facility. Advance

notice to the committed person of the revocation is not required.

(i) The committed person must be provided a copy of the revocation report and informed, orally and in

writing, of the rights of a committed person under this section. The revocation report must be served upon

the committed person, the committed person's counsel, and the designated agency. The report must outline

the specific reasons for the revocation, including but not limited to the specific facts upon which the revocation

is based.

(j) If a committed person's transfer is revoked, the committed person may re-petition for transfer according

to subdivision 5.

(k) A committed person aggrieved by a transfer revocation decision may petition the special review

board within seven business days after receipt of the revocation report for a review of the revocation. The

matter must be scheduled within 30 days. The special review board shall review the circumstances leading

to the revocation and, after considering the factors in paragraph (b), shall recommend to the commissioner

whether or not the revocation shall be upheld. The special review board may also recommend a new transfer

out of a secure treatment facility at the time of the revocation hearing.

Subd. 7. Provisional discharge. (a) A patient who is a person who has a mental illness and is dangerous

to the public shall not be provisionally discharged unless it appears to the satisfaction of the commissioner,

after a hearing and a favorable recommendation by a majority of the special review board, that the patient

is capable of making an acceptable adjustment to open society.

(b) The following factors are to be considered in determining whether a provisional discharge shall be

recommended: (1) whether the patient's course of hospitalization and present mental status indicate there is

no longer a need for treatment and supervision in the patient's current treatment setting; and (2) whether the

conditions of the provisional discharge plan will provide a reasonable degree of protection to the public and

will enable the patient to adjust successfully to the community.

Subd. 8. Provisional discharge plan. A provisional discharge plan shall be developed, implemented,

and monitored by the designated agency in conjunction with the patient, the treatment facility or state-operated

treatment program to which the person is committed, and other appropriate persons. The designated agency

shall, at least quarterly, review the provisional discharge plan with the patient and submit a written report

to the facility or program concerning the patient's status and compliance with each term of the provisional

discharge plan.

Subd. 9. Provisional discharge; review. A provisional discharge pursuant to this section shall not

automatically terminate. A full discharge shall occur only as provided in subdivision 15. The commissioner

shall notify the patient that the terms of a provisional discharge continue unless the patient requests and is

granted a change in the conditions of provisional discharge or unless the patient petitions the special review

board for a full discharge and the discharge is granted.

Subd. 10. Provisional discharge; revocation. (a) The head of the treatment facility or state-operated

treatment program from which the person was provisionally discharged may revoke a provisional discharge

if any of the following grounds exist:

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(i) the patient has departed from the conditions of the provisional discharge plan;

(ii) the patient is exhibiting signs of a mental illness which may require in-hospital evaluation or treatment;

or

(iii) the patient is exhibiting behavior which may be dangerous to self or others.

(b) Revocation shall be commenced by a notice of intent to revoke provisional discharge, which shall

be served upon the patient, patient's counsel, and the designated agency. The notice shall set forth the grounds

upon which the intention to revoke is based, and shall inform the patient of the rights of a patient under this

chapter.

program shall obtain a revocation report from the designated agency outlining the specific reasons for

recommending the revocation, including but not limited to the specific facts upon which the revocation

recommendation is based.

(d) The patient must be provided a copy of the revocation report and informed orally and in writing of

the rights of a patient under this section.

Subd. 11. Exceptions. If an emergency exists, the head of the treatment facility or state-operated treatment

program may revoke the provisional discharge and, either orally or in writing, order that the patient be

immediately returned to the facility or program. In emergency cases, a revocation report shall be submitted

by the designated agency within seven days after the patient is returned to the facility or program.

Subd. 12. Return of patient. After revocation of a provisional discharge or if the patient is absent

without authorization, the head of the treatment facility or state-operated treatment program may request

the patient to return to the facility or program voluntarily. The head of the treatment facility or state-operated

treatment program may request a health officer or a peace officer to return the patient to the facility or

program. If a voluntary return is not arranged, the head of the treatment facility or state-operated treatment

program shall inform the committing court of the revocation or absence and the court shall direct a health

or peace officer in the county where the patient is located to return the patient to the facility or program or

to another state-operated treatment program or to another treatment facility willing to accept the patient.

The expense of returning the patient to a state-operated treatment program shall be paid by the commissioner

unless paid by the patient or other persons on the patient's behalf.

Subd. 13. Appeal. Any patient aggrieved by a revocation decision or any interested person may petition

the special review board within seven days, exclusive of Saturdays, Sundays, and legal holidays, after receipt

of the revocation report for a review of the revocation. The matter shall be scheduled within 30 days. The

special review board shall review the circumstances leading to the revocation and shall recommend to the

commissioner whether or not the revocation shall be upheld. The special review board may also recommend

a new provisional discharge at the time of a revocation hearing.

Subd. 14. Voluntary readmission. (a) With the consent of the head of the treatment facility or

state-operated treatment program, a patient may voluntarily return from provisional discharge for a period

of up to 30 days, or up to 60 days with the consent of the designated agency. If the patient is not returned

to provisional discharge status within 60 days, the provisional discharge is revoked. Within 15 days of

receiving notice of the change in status, the patient may request a review of the matter before the special

review board. The board may recommend a return to a provisional discharge status.

(b) The treatment facility or state-operated treatment program is not required to petition for a further

review by the special review board unless the patient's return to the community results in substantive change

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to the existing provisional discharge plan. All the terms and conditions of the provisional discharge order

shall remain unchanged if the patient is released again.

Subd. 15. Discharge. (a) A patient who is a person who has a mental illness and is dangerous to the

public shall not be discharged unless it appears to the satisfaction of the commissioner, after a hearing and

a favorable recommendation by a majority of the special review board, that the patient is capable of making

an acceptable adjustment to open society, is no longer dangerous to the public, and is no longer in need of

treatment and supervision.

(b) In determining whether a discharge shall be recommended, the special review board and commissioner

shall consider whether specific conditions exist to provide a reasonable degree of protection to the public

and to assist the patient in adjusting to the community. If the desired conditions do not exist, the discharge

shall not be granted.

History: 1982 c 581 s 18; 1983 c 216 art 1 s 83; 1983 c 251 s 19-22; 1983 c 348 s 11; 1984 c 623 s

6,7; 1984 c 654 art 5 s 58; 1986 c 444; 1991 c 148 s 3,4; 1992 c 571 art 3 s 4; 1997 c 217 art 1 s 86-99;

1998 c 313 s 20,21; 1999 c 118 s 3-5; 2000 c 260 s 97; 2002 c 221 s 29-36; 2005 c 136 art 3 s 19,20; art

5 s 3; 2008 c 326 art 2 s 7-9; 2010 c 300 s 24,25; 2012 c 155 s 6; 2013 c 49 s 22; 2013 c 59 art 1 s 1; 2015

c 71 art 2 s 18,19; 2016 c 158 art 1 s 103; 2018 c 194 s 1; 1Sp2020 c 2 art 6 s 82-97,123; 1Sp2021 c 11 art

6 s 1; 2022 c 98 art 10 s 1

253B.185 Subdivision 1. MS 2012 [Paragraph (a) renumbered 253D.07, subdivision 1]

[Paragraph (b) renumbered 253D.07, subd 2]

[Paragraph (c) renumbered 253D.07, subd 3]

[Paragraph (d) renumbered 253D.07, subd 4]

Subd. 1a. MS 2012 [Renumbered 253D.10, subdivision 1]

Subd. 1b. MS 2012 [Renumbered 253D.08]

Subd. 2. MS 2012 [Renumbered 253D.22]

Subd. 3. MS 2012 [Renumbered 253D.07, subd 5]

Subd. 4. MS 2012 [Paragraph (a) renumbered 253D.11, subdivision 1]

[Paragraph (b) renumbered 253D.11, subd 2]

Subd. 5. MS 2012 [Paragraph (a) renumbered 253D.12, subdivision 1]

[Paragraph (b) renumbered 253D.12, subd 2]

[Paragraph (c) renumbered 253D.12, subd 3]

[Paragraph (d) renumbered 253D.12, subd 4]

Subd. 6. [Repealed by amendment, 2010 c 300 s 26]

Subd. 7. MS 2012 [Paragraph (a) renumbered 253D.19, subdivision 1]

[Paragraph (b) renumbered 253D.19, subd 2]

Subd. 8. MS 2012 [Renumbered 253D.09]

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Subd. 9. MS 2012 [Paragraph (a) renumbered 253D.27, subdivision 1, para (a)]

[Paragraph (b) renumbered 253D.27, subdivision 1, para (b)]

[Paragraph (c) renumbered 253D.27, subd 2]

[Paragraph (d) renumbered 253D.27, subd 3, para (a)]

[Paragraph (e) renumbered 253D.27, subd 3, para (b)]

[Paragraph (f) renumbered 253D.27, subd 4]

Subd. 10. MS 2012 [Paragraph (a) renumbered 253D.14, subdivision 1]

[Paragraph (b) renumbered 253D.14, subd 2]

[Paragraph (c) renumbered 253D.14, subd 3]

[Paragraph (d) renumbered 253D.14, subd 4]

[Paragraph (e) renumbered 253D.14, subd 5]

Subd. 10a. MS 2012 [Paragraph (a) renumbered 253D.32, subdivision 1]

[Paragraph (b) renumbered 253D.32, subd 2, para (a)]

[Paragraph (c) renumbered 253D.32, subd 2, para (b)]

[Paragraph (d) renumbered 253D.32, subd 2, para (c)]

[Paragraph (e) renumbered 253D.32, subd 2, para (d)]

[Paragraph (f) renumbered 253D.32, subd 3]

Subd. 11. MS 2012 [Renumbered 253D.29, subdivision 1]

Subd. 11a. MS 2012 [Renumbered 253D.29, subd 2]

Subd. 11b. MS 2012 [Renumbered 253D.29, subd 3]

Subd. 12. MS 2012 [Renumbered 253D.30, subdivision 1]

Subd. 13. MS 2012 [Renumbered 253D.30, subd 2]

Subd. 14. MS 2012 [Renumbered 253D.30, subd 3]

Subd. 14a. MS 2012 [Renumbered 253D.30, subd 4]

Subd. 15. MS 2012 [Renumbered 253D.30, subd 5]

Subd. 16. MS 2012 [Paragraph (a) renumbered 253D.24, subdivision 1]

[Paragraph (b) renumbered 253D.24, subd 2]

[Paragraph (c) renumbered 253D.24, subd 3]

[Paragraph (d) renumbered 253D.24, subd 4]

[Paragraph (e) renumbered 253D.24, subd 5]

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[Paragraph (f) renumbered 253D.24, subd 6]

[Paragraph (g) renumbered 253D.24, subd 7]

[Paragraph (h) renumbered 253D.24, subd 8]

Subd. 17. MS 2012 [Renumbered 253D.30, subd 6]

Subd. 18. MS 2012 [Renumbered 253D.31]

Subd. 19. MS 2012 [Paragraph (a) renumbered 253D.35, subdivision 1]

[Paragraph (b) renumbered 253D.35, subd 2]

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. (a) A patient committed as a person who has a mental illness and is dangerous

to the public under section 253B.18, or the county attorney of the county from which the patient was

committed or the county of financial responsibility, may petition the judicial appeal panel for a rehearing

and reconsideration of a decision by the commissioner under section 253B.18, subdivision 5. The judicial

appeal panel must not consider petitions for relief other than those considered by the commissioner from

which the appeal is taken. The petition must be filed with the supreme court within 30 days after the decision

of the commissioner is signed. The hearing must be held within 45 days of the filing of the petition unless

an extension is granted for good cause.

(b) For an appeal under paragraph (a), the supreme court shall refer the petition to the chief judge of the

judicial 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 facility or program to which the patient was

committed, 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.

committing county or the county of financial responsibility, and the commissioner shall participate as parties

to the proceeding pending before the judicial appeal panel and shall, except when the patient is committed

solely as a person who has a mental illness and is dangerous to the public, no later than 20 days before the

hearing on the petition, inform the judicial appeal panel and the opposing party in writing whether they

support or oppose the petition and provide a summary of facts in support of their position. The judicial

appeal panel may appoint court examiners and may adjourn the hearing from time to time. It shall hear and

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receive all relevant testimony and evidence and make a record of all proceedings. The patient, the patient's

counsel, and the county attorney of the committing county or the county of financial responsibility have the

right to be present and may present and cross-examine all witnesses and offer a factual and legal basis in

support of their positions. The petitioning party seeking discharge or provisional discharge bears the burden

of going forward with the evidence, which means presenting a prima facie case with competent evidence to

show that the person is entitled to the requested relief. If the petitioning party has met this burden, the party

opposing discharge or provisional discharge bears the burden of proof by clear and convincing evidence

that the discharge or provisional discharge should be denied. A party seeking transfer under section 253B.18,

subdivision 6, must establish by a preponderance of the evidence that the transfer is appropriate.

Subd. 3. Decision. A majority of the judicial appeal panel shall rule upon the petition. The panel shall

consider the petition de novo. The order of the judicial appeal panel shall supersede an order of the

commissioner under section 253B.18, subdivision 5. No order of the judicial 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 or special review

board from which the appeal is taken. The judicial appeal 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; 2008 c 326 art 2 s 13,14; 2010 c 300 s 27; 2011 c 102 art 5

s 1; 2013 c 49 s 8; 1Sp2020 c 2 art 6 s 98

253B.20 DISCHARGE; ADMINISTRATIVE PROCEDURE.

Subdivision 1. Notice to court. When a committed person is discharged, provisionally discharged, or

transferred to another treatment facility, state-operated treatment program, or community-based treatment

program, or when the patient dies, is absent without authorization, or is returned, the treatment facility,

state-operated treatment program, or community-based treatment program having custody of the patient

shall notify the committing court, the county attorney, and the patient's attorney.

Subd. 2. Necessities. The state-operated treatment program shall make necessary arrangements at the

expense of the state to insure that no patient is discharged or provisionally discharged without suitable

clothing. The head of the state-operated treatment program shall, if necessary, provide the patient with a

sufficient sum of money to secure transportation home, or to another destination of the patient's choice, if

the destination is located within a reasonable distance of the state-operated treatment program. The

commissioner shall establish procedures by rule to help the patient receive all public assistance benefits

provided by state or federal law to which the patient is entitled by residence and circumstances. The rule

shall be uniformly applied in all counties. All counties shall provide temporary relief whenever necessary

to meet the intent of this subdivision.

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Subd. 3. Notice to designated agency. The head of the treatment facility, state-operated treatment

program, or community-based treatment program, upon the provisional discharge of any committed person,

shall notify the designated agency before the patient leaves the facility or program. Whenever possible the

notice shall be given at least one week before the patient is to leave the facility or program.

Subd. 4. Aftercare services. Prior to the date of discharge or provisional discharge of any committed

person, the designated agency of the county of financial responsibility, in cooperation with the head of the

treatment facility, state-operated treatment program, or community-based treatment program, and the patient's

mental health professional, if notified pursuant to subdivision 6, shall establish a continuing plan of aftercare

services for the patient including a plan for medical and psychiatric treatment, nursing care, vocational

assistance, and other assistance the patient needs. The designated agency shall provide case management

services, supervise and assist the patient in finding employment, suitable shelter, and adequate medical and

psychiatric treatment, and aid in the patient's readjustment to the community.

Subd. 5. Consultation. In establishing the plan for aftercare services the designated agency shall consult

with persons or agencies, including any public health nurse as defined in section 145A.02, subdivision 18,

and vocational rehabilitation personnel, to insure adequate planning and periodic review for aftercare services.

Subd. 6. Notice to mental health professional. The head of the treatment facility, state-operated

treatment program, or community-based treatment program shall notify the mental health professional of

any committed person at the time of the patient's discharge or provisional discharge, unless the patient objects

to the notice.

Subd. 7. MS 2018 [Repealed, 1Sp2020 c 2 art 6 s 124]

History: 1982 c 581 s 20; 1986 c 444; 1987 c 309 s 24; 1997 c 217 art 1 s 105-109; 2005 c 56 s 1;

2010 c 357 s 10; 1Sp2020 c 2 art 6 s 99-103

253B.21 COMMITMENT TO AN AGENCY OF THE UNITED STATES.

Subdivision 1. Administrative procedures. If the patient is entitled to care by any agency of the United

States in this state, the commitment warrant shall be in triplicate, committing the patient to the joint custody

of the head of the treatment facility, state-operated treatment program, or community-based treatment

program and the federal agency. If the federal agency is unable or unwilling to receive the patient at the

time of commitment, the patient may subsequently be transferred to it upon its request.

Subd. 2. Applicable regulations. Any person, when admitted to an institution of a federal agency within

or without this state, shall be subject to the rules and regulations of the federal agency, except that nothing

in this section shall deprive any person of rights secured to patients of state-operated treatment programs,

treatment facilities, and community-based treatment programs by this chapter.

Subd. 3. Powers. The chief officer of any treatment facility operated by a federal agency to which any

person is admitted shall have the same powers as the heads of state-operated treatment programs within this

state with respect to admission, retention of custody, transfer, parole, or discharge of the committed person.

Subd. 4. Foreign judgments. The judgment or order of commitment by a court of competent jurisdiction

of another state committing a person to a federal agency for care or treatment in this state, shall have the

same force and effect as to the committed person while in this state as in the jurisdiction in which is situated

the court entering the judgment or making the order. The committing state consents to the authority of the

chief officer of any treatment facility of a federal agency in this state, to retain custody of, transfer, parole,

or discharge the committed person.

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Subd. 5. [Repealed, 1997 c 217 art 1 s 118]

History: 1982 c 581 s 21; 1983 c 348 s 13; 1986 c 444; 1997 c 217 art 1 s 110; 1Sp2020 c 2 art 6 s

104-106

253B.212 COMMITMENT; RED LAKE BAND OF CHIPPEWA INDIANS; WHITE EARTH BAND

OF OJIBWE.

Subdivision 1. Cost of care; commitment by tribal court order; Red Lake Band of Chippewa

Indians. The commissioner of human services may contract with and receive payment from the Indian

Health Service of the United States Department of Health and Human Services for the care and treatment

of those members of the Red Lake Band of Chippewa Indians who have been committed by tribal court

order to the Indian Health Service for care and treatment of mental illness, developmental disability, or

chemical dependency. The contract shall provide that the Indian Health Service may not transfer any person

for admission to a state-operated treatment program unless the commitment procedure utilized by the tribal

court provided due process protections similar to those afforded by sections 253B.051 to 253B.10.

Subd. 1a. Cost of care; commitment by tribal court order; White Earth Band of Ojibwe Indians. The

commissioner of human services may contract with and receive payment from the Indian Health Service of

the United States Department of Health and Human Services for the care and treatment of those members

of the White Earth Band of Ojibwe Indians who have been committed by tribal court order to the Indian

Health Service for care and treatment of mental illness, developmental disability, or chemical dependency.

The tribe may also contract directly with the commissioner for treatment of those members of the White

Earth Band who have been committed by tribal court order to the White Earth Department of Health for

care and treatment of mental illness, developmental disability, or chemical dependency. The contract shall

provide that the Indian Health Service and the White Earth Band shall not transfer any person for admission

to a state-operated treatment program unless the commitment procedure utilized by the tribal court provided

due process protections similar to those afforded by sections 253B.051 to 253B.10.

Subd. 1b. Cost of care; commitment by tribal court order; any federally recognized Indian tribe

within the state of Minnesota. The commissioner of human services may contract with and receive payment

from the Indian Health Service of the United States Department of Health and Human Services for the care

and treatment of those members of any federally recognized Indian tribe within the state, who have been

committed by tribal court order to the Indian Health Service for care and treatment of mental illness,

developmental disability, or chemical dependency. The tribe may also contract directly with the commissioner

for treatment of those members of any federally recognized Indian tribe within the state who have been

committed by tribal court order to the respective tribal Department of Health for care and treatment of mental

illness, developmental disability, or chemical dependency. The contract shall provide that the Indian Health

Service and any federally recognized Indian tribe within the state shall not transfer any person for admission

to a state-operated treatment program unless the commitment procedure utilized by the tribal court provided

due process protections similar to those afforded by sections 253B.051 to 253B.10.

Subd. 2. Effect given to tribal commitment order. (a) When, under an agreement entered into pursuant

to subdivision 1, 1a, or 1b, the Indian Health Service or the placing tribe applies to a state-operated treatment

program for admission of a person committed to the jurisdiction of the health service by the tribal court due

to mental illness, developmental disability, or chemical dependency, the commissioner may treat the patient

with the consent of the Indian Health Service or the placing tribe.

(b) A person admitted to a state-operated treatment program pursuant to this section has all the rights

accorded by section 253B.03. In addition, treatment reports, prepared in accordance with the requirements

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of section 253B.12, subdivision 1, shall be filed with the Indian Health Service or the placing tribe within

60 days of commencement of the patient's stay at the program. A subsequent treatment report shall be filed

with the Indian Health Service or the placing tribe within six months of the patient's admission to the program

or prior to discharge, whichever comes first. Provisional discharge or transfer of the patient may be authorized

by the head of the program only with the consent of the Indian Health Service or the placing tribe. Discharge

from the program to the Indian Health Service or the placing tribe may be authorized by the head of the

program after notice to and consultation with the Indian Health Service or the placing tribe.

History: 1983 c 251 s 24; 1984 c 654 art 5 s 58; 2002 c 221 s 39; 2005 c 56 s 1; 1Sp2011 c 9 art 8 s

2; 2015 c 78 art 3 s 1,2; 1Sp2020 c 2 art 6 s 107-110

253B.22 REVIEW BOARDS.

Subdivision 1. Establishment. The commissioner shall establish a review board of three or more persons

for the Anoka-Metro Regional Treatment Center, Minnesota Security Hospital, and Minnesota Sex Offender

Program to review the admission and retention of patients of that program receiving services under this

chapter. One member shall be qualified in the diagnosis of mental illness, developmental disability, or

chemical dependency, and one member shall be an attorney. The commissioner may, upon written request

from the appropriate federal authority, establish a review panel for any federal treatment facility within the

state to review the admission and retention of patients hospitalized under this chapter. For any review board

established for a federal treatment facility, one of the persons appointed by the commissioner shall be the

commissioner of veterans affairs or the commissioner's designee.

Subd. 2. Right to appear. Each program specified in subdivision 1 shall be visited by the review board

at least once every six months. Upon request each patient in the program shall have the right to appear before

the review board during the visit.

Subd. 3. Notice. The head of each program specified in subdivision 1 shall notify each patient at the

time of admission by a simple written statement of the patient's right to appear before the review board and

the next date when the board will visit that program. A request to appear before the board need not be in

writing. Any employee of the program receiving a patient's request to appear before the board shall notify

the head of the program of the request.

Subd. 4. Review. The board shall review the admission and retention of patients at the program. The

board may examine the records of all patients admitted and may examine personally at its own instigation

all patients who from the records or otherwise appear to justify reasonable doubt as to continued need of

confinement in the program. The review board shall report its findings to the commissioner and to the head

of the program. The board may also receive reports from patients, interested persons, and employees of the

program, and investigate conditions affecting the care of patients.

Subd. 5. Compensation. Each member of the review board shall receive compensation and reimbursement

as established by the commissioner.

History: 1982 c 581 s 22; 1983 c 251 s 25; 1986 c 444; 1997 c 217 art 1 s 111; 2005 c 56 s 1; 1Sp2020

c 2 art 6 s 111-114

253B.23 GENERAL PROVISIONS.

Subdivision 1. Costs of hearings. (a) In each proceeding under this chapter the court shall allow and

order paid to each witness subpoenaed the fees and mileage prescribed by law; to each examiner a reasonable

sum for services and for travel; to persons conveying the patient to the place of detention, disbursements

for the travel, board, and lodging of the patient and of themselves and their authorized assistants; and to the

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patient's counsel, when appointed by the court, a reasonable sum for travel and for the time spent in court

or in preparing for the hearing. Upon the court's order, the county auditor shall issue a warrant on the county

treasurer for payment of the amounts allowed, excluding the costs of the court examiner, which must be

paid by the state courts.

(b) Whenever venue of a proceeding has been transferred under this chapter, the costs of the proceedings

shall be reimbursed to the county where the proceedings were conducted by the county of financial

responsibility.

Subd. 1a. [Repealed, 1997 c 217 art 1 s 118]

Subd. 1b. Responsibility for conducting prepetition screening and filing commitment petitions. (a)

The county of financial responsibility is responsible to conduct prepetition screening pursuant to section

253B.07, subdivision 1, and, if statutory conditions for commitment are satisfied, to file a petition pursuant

to section 253B.07, subdivision 2, paragraph (a), or 253D.07.

(b) Except in cases under chapter 253D, if the county of financial responsibility refuses or fails to conduct

prepetition screening or file a petition, or if it is unclear which county is the county of financial responsibility,

the county where the proposed patient is present is responsible to conduct the prepetition screening and, if

statutory conditions for commitment are satisfied, file the petition.

or if it is unclear which county is the county of financial responsibility, then (1) the county where the

conviction for which the person is incarcerated was entered, or (2) the county where the proposed patient

is present, if the person is not currently incarcerated based on conviction, is responsible to file the petition

if statutory conditions for commitment are satisfied.

(d) When a proposed patient is an inmate confined to an adult correctional facility under the control of

the commissioner of corrections and commitment proceedings are initiated or proposed to be initiated

pursuant to section 241.69, the county where the correctional facility is located may agree to perform the

responsibilities specified in paragraph (a).

(e) Any dispute concerning financial responsibility for the costs of the proceedings and treatment will

be resolved pursuant to chapter 256G.

(f) This subdivision and the sections of law cited in this subdivision address venue only. Nothing in this

chapter is intended to limit the statewide jurisdiction of district courts over civil commitment matters.

Subd. 2. Legal results of commitment status. (a) Except as otherwise provided in this chapter and in

sections 246.15 and 246.16, no person by reason of commitment or treatment pursuant to this chapter shall

be deprived of any legal right, including but not limited to the right to dispose of property, sue and be sued,

execute instruments, make purchases, enter into contractual relationships, vote, and hold a driver's license.

Commitment or treatment of any patient pursuant to this chapter is not a judicial determination of legal

incompetency except to the extent provided in section 253B.03, subdivision 6.

(b) Proceedings for determination of legal incompetency and the appointment of a guardian for a person

subject to commitment under this chapter may be commenced before, during, or after commitment proceedings

have been instituted and may be conducted jointly with the commitment proceedings. The court shall notify

the head of the facility or program to which the patient is committed of a finding that the patient is

incompetent.

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that the person is not competent to manage a personal estate, the court shall appoint a general conservator

of the person's estate as provided by law.

Subd. 3. False reports. Any person who willfully makes, joins in, or advises the making of any false

petition or report, or knowingly or willfully makes any false representation for the purpose of causing the

petition or report to be made or for the purpose of causing an individual to be improperly committed under

this chapter, is guilty of a gross misdemeanor. The attorney general or the attorney general's designee shall

prosecute violations of this section.

Subd. 3a. Signatures on documents and statements under oath. (a) Notwithstanding sections 358.07

to 358.09, written statements or documents made within this state in connection with proceedings under this

chapter are deemed to be made under oath or affirmation without notarization if the person signing the

document attests, at the end of the document, in substantially the following form:

"I declare under penalty of perjury under the laws of the state of Minnesota that the foregoing is true and

correct.

Executed on ............................(date) in the county of ............................(county name) in the state of Minnesota.

........................................................................................................................................................(signature)

.......................................................................................................(signer's address and telephone number)."

A document that is sworn to or affirmed under this paragraph without notarization must include a

telephone number and address where the signer can be contacted.

(b) If a document is required to be signed in order to be effective, an electronic document qualifies as

a signed document:

(1) without the person's physical signature, if an entity has an electronic signature system that meets a

minimum security standard of two-factor authentication, such as name and password, or biometric

identification that is uniquely reconcilable to a single actor and that results in a nonmodifiable document

after the electronic signature is affixed, and the document indicates an electronic signature in some manner,

such as "s/........................................(name of signer)"; or

(2) with the person's physical signature, if the document is optically scanned into the entity's records.

signature system does not provide sufficient assurance of authenticity of signed documents or that an

electronic signature system different from that described in paragraph (b) provides sufficient assurance of

authenticity.

(d) An electronically transmitted facsimile of a document, including a document described in paragraph

(a) or (b), may be filed with the committing court and received into evidence in the same manner and with

the same effect as the original document.

(e) Nothing in this subdivision alters any statute, rule, standard, or practice for accepting documents for

filing or admitting documents as evidence, except with respect to:

(1) the manner of making written statements under oath or affirmation;

(2) the acceptability of electronically transmitted facsimile copies; and

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(3) the acceptability of electronic signatures.

Paragraph (b) addresses only the acceptability of documents obtained from an entity's electronic records

system and does not determine whether the committing court is required or permitted to accept electronic

filing of documents.

Subd. 4. Immunity. All persons acting in good faith, upon either actual knowledge or information

thought by them to be reliable, who act pursuant to any provision of this chapter or who procedurally or

physically assist in the commitment of any individual, pursuant to this chapter, are not subject to any civil

or criminal liability under this chapter. Any privilege otherwise existing between patient and physician,

patient and advanced practice registered nurse, patient and registered nurse, patient and physician assistant,

patient and psychologist, patient and examiner, or patient and social worker, is waived as to any physician,

advanced practice registered nurse, registered nurse, physician assistant, psychologist, examiner, or social

worker who provides information with respect to a patient pursuant to any provision of this chapter.

Subd. 5. Habeas corpus. Nothing in this chapter shall be construed to abridge the right of any person

to the writ of habeas corpus.

Subd. 6. Court commissioner. The Ramsey County court commissioner may hear and act upon petitions

for commitment.

Subd. 7. Appeal. The commissioner or any other aggrieved party may appeal to the court of appeals

from any order entered under this chapter as in other civil cases. Any district court order or judgment under

this chapter or related case law may be appealed within 60 days after the date of filing of the order or entry

of judgment. A judgment under section 253B.18, subdivision 1, may be appealed within 60 days after the

date of the order entered under section 253B.18, subdivision 2.

Upon perfection of the appeal, the return shall be filed forthwith. The court of appeals shall hear the

appeal within 90 days after service of the notice of appeal. This appeal shall not suspend the operation of

the order appealed from until the appeal is determined, unless otherwise ordered by the court of appeals.

Subd. 8. Transcripts. For purposes of taking an appeal or petition for habeas corpus or for a judicial

determination of mental competency or need for commitment, transcripts of commitment proceedings, or

portions of them, shall be made available to the parties upon written application to the court. Upon a showing

by a party that the party is unable to pay the cost of a transcript, it shall be made available at no expense to

the party. The state courts shall pay the cost of the transcript.

Subd. 9. Sealing of records. Upon a motion by a person who has been the subject of a judicial

commitment proceeding, the court may seal all judicial records of the commitment proceedings if it finds

that access to the records creates undue hardship for the person. The county attorney shall be notified of the

motion and may participate in the hearings. All hearings on the motion shall be in camera. The files and

records of the court in proceedings on the motion shall be sealed except to the moving party, the person's

attorney, the county attorney, or other persons by court order.

History: 1982 c 581 s 23; 1983 c 247 s 107; 1983 c 251 s 26; 1983 c 348 s 14; 1986 c 444; 1987 c 363

s 13; 1990 c 378 s 3; 1993 c 60 s 1; 1993 c 302 s 1; 1994 c 618 art 1 s 29; 1Sp1994 c 1 art 2 s 30; 1995 c

189 s 8; 1996 c 277 s 1; 1997 c 217 art 1 s 112-116; 1998 c 376 s 4; 1999 c 61 s 1; 1999 c 216 art 7 s 19,20;

2005 c 10 art 4 s 12; 2006 c 221 s 1; 2010 c 220 s 1; 2010 c 357 s 11,12; 2013 c 49 s 22; 2020 c 115 art 4

s 103; 1Sp2020 c 2 art 6 s 115-117; 2022 c 58 s 126

Official Publication of the State of Minnesota

Revisor of Statutes

253B.23MINNESOTA STATUTES 202359

253B.24 TRANSMITTAL OF DATA TO NATIONAL INSTANT CRIMINAL BACKGROUND

CHECK SYSTEM.

When a court:

(1) commits a person under this chapter due to mental illness, developmental disability, or chemical

dependency, or as a person who has a mental illness and is dangerous to the public;

(2) determines in a criminal case that a person is incompetent to stand trial or not guilty by reason of

mental illness; or

(3) restores a person's ability to possess a firearm under section 609.165, subdivision 1d, or 624.713,

subdivision 4,

the court shall ensure that this information is electronically transmitted within three business days to the

National Instant Criminal Background Check System.

History: 2009 c 139 s 1,7; 2013 c 86 art 4 s 2; 1Sp2020 c 2 art 6 s 118

Official Publication of the State of Minnesota

Revisor of Statutes

60MINNESOTA STATUTES 2023253B.24