Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 2002, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 221-S.F.No. 58
An act relating to human services; changing
terminology in statute of references to mentally ill
person; amending Minnesota Statutes 2000, sections
13.89, subdivision 2; 148.263, subdivision 5; 148B.07,
subdivision 6; 148B.283, subdivision 7; 148C.09,
subdivision 1; 149A.61, subdivision 5; 153.19,
subdivision 1; 153.24, subdivision 5; 156.081,
subdivision 2; 156.122; 245.462, subdivision 20;
253.015, subdivision 2; 253.21; 253B.02, subdivisions
17, 18, 19; 253B.06, subdivision 1; 253B.12,
subdivision 1; 253B.141, subdivision 2; 253B.15,
subdivision 1; 253B.16, subdivision 1; 253B.17,
subdivision 1; 253B.18, subdivisions 1, 2, 3, 4a, 4b,
6, 7, 15; 253B.185, subdivision 1; 253B.19,
subdivision 2; 253B.212, subdivision 2; 256E.03,
subdivision 2; 299F.77; 376.01; 376.02; 462A.02,
subdivision 9; 462A.03, subdivision 19; 609.06,
subdivision 1; 609.668, subdivision 2; 624.713,
subdivision 1; 631.50; Minnesota Statutes 2001
Supplement, sections 241.69, subdivisions 2, 3, 4, 5;
253B.02, subdivision 13; 253B.09, subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2000, section 13.89,
subdivision 2, is amended to read:
Subd. 2. [MENTAL ILLNESS OR EMOTIONAL IMPAIRMENT.] Data on
an individual who has significant mental illness or emotional
impairment and who is an inpatient or resident in a facility
rendering care or treatment may be disseminated to the
protection and advocacy system established in this state
pursuant to Public Law Number 99-319 to protect the rights of
persons who are mentally ill individuals if:
(1) the protection and advocacy system receives a complaint
by or on behalf of the person or there is probable cause to
believe that the person has been subjected to abuse or neglect,
as defined in Public Law Number 99-319;
(2) the person is by reason of a mental or physical
condition unable to authorize the system to have access to data;
and
(3) the person does not have a legal guardian or the state
is the legal guardian of the person.
Sec. 2. Minnesota Statutes 2000, section 148.263,
subdivision 5, is amended to read:
Subd. 5. [COURTS.] The court administrator of district
court or another court of competent jurisdiction shall report to
the board any judgment or other determination of the court that
adjudges or includes a finding that a nurse is a person who is
mentally ill, mentally incompetent, chemically dependent, a
person dangerous to the public, guilty of a felony or gross
misdemeanor, guilty of a violation of federal or state narcotics
laws or controlled substances act, guilty of operating a motor
vehicle while under the influence of alcohol or a controlled
substance, or guilty of an abuse or fraud under Medicare or
Medicaid, appoints a guardian of the nurse under sections 525.54
to 525.61, or commits a nurse under chapter 253B.
Sec. 3. Minnesota Statutes 2000, section 148B.07,
subdivision 6, is amended to read:
Subd. 6. [COURTS.] The court administrator of district
court or any other court of competent jurisdiction shall report
to the board any judgment or other determination of the court
that adjudges or includes a finding that a licensee is a person
who is mentally ill, mentally incompetent, guilty of a felony,
guilty of a violation of federal or state narcotics laws or
controlled substances act, or guilty of an abuse or fraud under
Medicare or Medicaid; or that appoints a guardian of the
licensee pursuant to sections 525.54 to 525.61 or commits a
licensee pursuant to chapter 253B.
Sec. 4. Minnesota Statutes 2000, section 148B.283,
subdivision 7, is amended to read:
Subd. 7. [COURTS.] The court administrator of district
court or any other court of competent jurisdiction shall report
to the board any judgment or other determination of the court
that adjudges or includes a finding that an applicant or a
licensee is a person who is mentally ill, mentally incompetent,
guilty of a felony, guilty of a violation of federal or state
narcotics laws or controlled substances act, or guilty of an
abuse or fraud under Medicare or Medicaid; or that appoints a
guardian of the applicant or licensee pursuant to sections
525.54 to 525.61 or commits an applicant or a licensee pursuant
to chapter 253B.
Sec. 5. Minnesota Statutes 2000, section 148C.09,
subdivision 1, is amended to read:
Subdivision 1. [GROUNDS.] The commissioner may refuse to
grant a license to, or may suspend, revoke, or restrict the
license of an individual if the commissioner determines that a
licensee or applicant:
(1) is incompetent to engage in alcohol and drug counseling
practice or is found to be engaged in alcohol and drug
counseling practice in a manner harmful or dangerous to a client
or the public;
(2) has violated the rules of the commissioner or the
statutes the commissioner is empowered to enforce; or any law,
rule order, stipulation and consent order, agreement, or
settlement;
(3) has obtained or attempted to obtain a license or
license renewal by bribery or fraudulent misrepresentation;
(4) has knowingly made a false statement on the form
required to be submitted to the commissioner for licensing or
license renewal;
(5) has failed to obtain continuing education credits
required by the commissioner;
(6) has failed to demonstrate the qualifications or satisfy
the requirements for a license contained in this chapter or
rules of the commissioner. The burden of proof shall be upon
the applicant to demonstrate qualifications or satisfaction of
requirements;
(7) has been convicted of a crime, including a finding or
verdict of guilt, an admission of guilt, or a no contest plea,
in any court in Minnesota or any other jurisdiction in the
United States, reasonably related to the provision of alcohol
and drug counseling services. Conviction, as used in this
subdivision, includes conviction of an offense which, if
committed in this state, would be deemed a felony or gross
misdemeanor without regard to its designation elsewhere, or a
criminal proceeding where a finding or verdict of guilty is made
or returned but the adjudication of guilt is either withheld or
not entered;
(8) has been convicted of a crime against another person.
For purposes of this chapter, a crime against another person
means an offense listed in section 148B.68, subdivision 1,
paragraph (b);
(9) has failed to comply with the self-reporting
requirements of section 148C.095, subdivision 7;
(10) has engaged in sexual contact with a client, or a
former client, as defined in section 148A.01, or has engaged in
conduct that may be reasonably interpreted by a client as
sexual, or has engaged in any verbal behavior that is seductive
or sexually demeaning to the client, or has engaged in sexual
exploitation of a client or former client;
(11) has engaged in false, fraudulent, deceptive, or
misleading advertising;
(12) has engaged in conduct likely to deceive, defraud, or
harm the public; or has demonstrated a willful or careless
disregard for the health, welfare, or safety of a client; or any
other practice that may create unnecessary danger to any
client's life, health, or safety, in any of which cases, proof
of actual injury need not be established;
(13) has been adjudicated as mentally incompetent, or as a
person who has a psychopathic personality, or who is dangerous
to self, or has been adjudicated as a person who is chemically
dependent, mentally ill, mentally retarded, or mentally ill and
dangerous to the public pursuant to chapter 253B;
(14) is unable to provide alcohol and drug counseling
services with reasonable safety to clients;
(15) has habitually overindulged in the use of or the
dependence on alcohol within the past two years;
(16) has engaged in the improper or unauthorized personal
or other use of any legend drugs as defined in section 151.01,
any chemicals as defined in section 151.01, or any controlled
substance as defined in section 152.01 within the past two
years;
(17) reveals a communication from, or relating to, a client
except when required or permitted by law;
(18) fails to comply with a client's request for health
records made under section 144.335, or to furnish a client
record or report required by law;
(19) has engaged in fee splitting or promises to pay a
portion of a fee to any other professional other than for
services rendered by the other professional to the client;
(20) has engaged in abusive or fraudulent billing
practices, including violations of the federal Medicare and
Medicaid laws or state medical assistance laws;
(21) fails to make reports as required by section 148C.095,
or cooperate with an investigation of the commissioner;
(22) obtains money, property, or services from a client,
other than reasonable fees for services provided to the client,
through the use of undue influence, harassment, duress,
deception, or fraud;
(23) undertakes or continues a professional relationship
with a client in which the objectivity of the alcohol and drug
counselor may be impaired;
(24) engages in conduct that constitutes grounds for
discipline as established by the commissioner in rule; or
(25) engages in bartering for services with a client.
Sec. 6. Minnesota Statutes 2000, section 149A.61,
subdivision 5, is amended to read:
Subd. 5. [COURTS.] The court administrator of district
court or any court of competent jurisdiction shall report to the
commissioner any judgment or other determination of the court
that adjudges or includes a finding that a licensee or intern is
a person who is mentally ill, mentally incompetent, guilty of a
felony or gross misdemeanor, guilty of violations of federal or
state narcotics laws or controlled substances acts; appoints a
guardian or conservator for the licensee or intern; or commits a
licensee or intern.
Sec. 7. Minnesota Statutes 2000, section 153.19,
subdivision 1, is amended to read:
Subdivision 1. [GROUNDS LISTED.] The board may refuse to
grant a license or may impose disciplinary action as described
in this section against any doctor of podiatric medicine. The
following conduct is prohibited and is grounds for disciplinary
action:
(1) failure to demonstrate the qualifications or satisfy
the requirements for a license contained in this chapter or
rules of the board; the burden of proof shall be upon the
applicant to demonstrate the qualifications or satisfaction of
the requirements;
(2) obtaining a license by fraud or cheating or attempting
to subvert the licensing examination process;
(3) conviction, during the previous five years, of a felony
reasonably related to the practice of podiatric medicine;
(4) revocation, suspension, restriction, limitation, or
other disciplinary action against the person's podiatric medical
license in another state or jurisdiction, failure to report to
the board that charges regarding the person's license have been
brought in another state or jurisdiction, or having been refused
a license by any other state or jurisdiction;
(5) advertising that is false or misleading;
(6) violating a rule adopted by the board or an order of
the board, a state, or federal law that relates to the practice
of podiatric medicine, or in part regulates the practice of
podiatric medicine, or a state or federal narcotics or
controlled substance law;
(7) engaging in any unethical conduct; conduct likely to
deceive, defraud, or harm the public, or demonstrating a willful
or careless disregard for the health, welfare, or safety of a
patient; or podiatric medical practice that is professionally
incompetent, in that it may create unnecessary danger to any
patient's life, health, or safety, in any of which cases, proof
of actual injury need not be established;
(8) failure to supervise a preceptor or resident;
(9) aiding or abetting an unlicensed person in the practice
of podiatric medicine, except that it is not a violation of this
clause for a podiatrist to employ, supervise, or delegate
functions to a qualified person who may or may not be required
to obtain a license or registration to provide health services
if that person is practicing within the scope of that person's
license or registration or delegated authority;
(10) adjudication as mentally incompetent, or a person who
is mentally ill, or as a chemically dependent person, a person
dangerous to the public, a sexually dangerous person, or a
person who has a sexual psychopathic personality by a court of
competent jurisdiction, within or without this state;
(11) engaging in unprofessional conduct that includes any
departure from or the failure to conform to the minimal
standards of acceptable and prevailing podiatric medical
practice, but actual injury to a patient need not be
established;
(12) inability to practice podiatric medicine with
reasonable skill and safety to patients by reason of illness or
chemical dependency or as a result of any mental or physical
condition, including deterioration through the aging process or
loss of motor skills;
(13) revealing a privileged communication from or relating
to a patient except when otherwise required or permitted by law;
(14) improper management of medical records, including
failure to maintain adequate medical records, to comply with a
patient's request made under section 144.335 or to furnish a
medical record or report required by law;
(15) accepting, paying, or promising to pay a part of a fee
in exchange for patient referrals;
(16) engaging in abusive or fraudulent billing practices,
including violations of the federal Medicare and Medicaid laws
or state medical assistance laws;
(17) becoming addicted or habituated to a drug or
intoxicant;
(18) prescribing a drug for other than medically accepted
therapeutic or experimental or investigative purposes authorized
by a state or federal agency;
(19) engaging in sexual conduct with a patient or conduct
that may reasonably be interpreted by the patient as sexual, or
in verbal behavior which is seductive or sexually demeaning to a
patient;
(20) failure to make reports as required by section 153.24
or to cooperate with an investigation of the board as required
by section 153.20;
(21) knowingly providing false or misleading information
that is directly related to the care of that patient unless done
for an accepted therapeutic purpose such as the administration
of a placebo.
Sec. 8. Minnesota Statutes 2000, section 153.24,
subdivision 5, is amended to read:
Subd. 5. [COURTS.] The court administrators of the
district courts or any other court of competent jurisdiction
shall report to the board any judgment or other determination of
the court that adjudges or includes a finding that a podiatrist
is a person who is mentally ill, mentally incompetent, guilty of
a felony, or guilty of a violation of federal or state narcotics
laws or controlled substances act, guilty of an abuse or fraud
under Medicare or Medicaid, appoints a guardian of the
podiatrist under sections 525.54 to 525.61 or commits a
podiatrist under chapter 253B.
Sec. 9. Minnesota Statutes 2000, section 156.081,
subdivision 2, is amended to read:
Subd. 2. [CAUSES.] The board may revoke, suspend, or
impose limitations upon a license for any of the following
causes:
(1) the employment of fraud, misrepresentation or deception
in obtaining such license;
(2) being convicted of a felony or gross misdemeanor,
including a finding or verdict of guilt, whether or not the
adjudication of guilt is withheld or not entered, an admission
of guilt, or a no contest plea, as evidenced by a certified copy
of the conviction;
(3) being unable to practice with reasonable skill and
safety by reason of illness, use of alcohol, drugs, chemicals,
or any other materials, or as a result of any mental or physical
condition;
(4) existence of a professional connection with or the
lending of one's name to any illegal practitioner of veterinary
medicine;
(5) having been the subject of revocation, suspension, or
surrender of a veterinary license in resolution of a complaint
or other adverse action related to licensure in another
jurisdiction or country;
(6) violating a state or federal narcotics or controlled
substance law irrespective of any proceedings under section
152.18 or federal law;
(7) fraudulently conducting or reporting results of
physical examinations or biological tests used to detect and
prevent the dissemination of animal diseases, transportation of
diseased animals, or distribution of contaminated, infected, or
inedible animal products, or failing to report, as required by
law, any contagious or infectious disease;
(8) engaging in false, fraudulent, deceptive, or misleading
advertising;
(9) conviction on a charge of cruelty to animals;
(10) failure, after written notification by the board, to
keep one's premises and all equipment therein in a clean and
sanitary condition, according to reasonable standards adopted by
the board;
(11) fraud, deception, or incompetence in the practice of
veterinary medicine, including any departure from or failure to
conform to the minimum standards of acceptable and prevailing
practice without actual injury having to be established;
(12) engaging in unprofessional conduct as defined in rules
adopted by the board or engaging in conduct which violates any
statute or rule promulgated by the board or any board order;
(13) being adjudicated by a court of competent
jurisdiction, within or without this state, as a person who is
incapacitated, mentally incompetent or mentally ill, chemically
dependent, mentally ill and dangerous to the public, or a
psychopathic personality;
(14) revealing a privileged communication from or relating
to a client except when otherwise required or permitted by law;
(15) obtaining money, property, or services from a client
through the use of undue influence, harassment, duress,
deception, or fraud or through the improper use of the regulated
individual's position as a professional;
(16) practicing outside the scope of practice authorized by
the board's practice act; or
(17) making a false statement or misrepresentation to the
board.
Sec. 10. Minnesota Statutes 2000, section 156.122, is
amended to read:
156.122 [COURTS TO REPORT.]
The court administrator shall report to the board a
judgment or finding by a court that a person regulated by the
board:
(1) is a person who is mentally ill, chemically dependent,
mentally ill and dangerous to the public, or is a sexual
psychopathic personality or sexually dangerous person under
chapter 253B or other applicable law;
(2) is guilty of a felony or gross misdemeanor; violation
of a law involving the use, possession, or sale of a controlled
substance; or operating a motor vehicle under the influence of
alcohol or a controlled substance; or
(3) is in need of a guardian of the person under sections
525.54 to 525.61.
Sec. 11. Minnesota Statutes 2001 Supplement, section
241.69, subdivision 2, is amended to read:
Subd. 2. [EXAMINATION.] When any person confined in an
adult correctional institution under the control of the
commissioner of corrections is alleged to be a person who is
mentally ill person, the director of psychological services, or
warden or other person in charge of the institution shall cause
the person to be examined by a licensed physician especially
qualified in the diagnosis of mental illness, or, if none is
available, by any licensed physician or licensed mental health
professional available to the institution.
Sec. 12. Minnesota Statutes 2001 Supplement, section
241.69, subdivision 3, is amended to read:
Subd. 3. [TRANSFER.] If the licensed mental health
professional finds the person to be a person who is mentally ill
and in need of short-term care, the examining health care
professional may recommend transfer by the commissioner of
corrections to the mental health unit established pursuant to
subdivision 1.
Sec. 13. Minnesota Statutes 2001 Supplement, section
241.69, subdivision 4, is amended to read:
Subd. 4. [COMMITMENT.] If the examining health care
professional or licensed mental health professional finds the
person to be a person who is mentally ill and in need of long
term long-term care in a hospital, or if an inmate transferred
pursuant to subdivision 3 refuses to voluntarily participate in
the treatment program at the mental health unit, the director of
psychological services of the institution or the mental health
professional shall initiate proceedings for judicial commitment
as provided in section 253B.07. Upon the recommendation of the
licensed mental health professional and upon completion of the
hearing and consideration of the record, the court may commit
the person to the mental health unit established in subdivision
1 or to another hospital. A person confined in a state
correctional institution for adults who has been adjudicated to
be a person who is mentally ill and in need of treatment may be
committed to the commissioner of corrections and placed in the
mental health unit established in subdivision 1.
Sec. 14. Minnesota Statutes 2001 Supplement, section
241.69, subdivision 5, is amended to read:
Subd. 5. [DISCHARGE.] The director of psychological
services of the mental health unit established under this
section may, subject to the provisions of chapter 253B,
provisionally discharge any inmate patient admitted as a person
who is mentally ill without discharging the commitment and order
the inmate patient's release into the general population of the
institution from which admitted, subject to return to the
facility for further treatment.
When the director of psychological services of the facility
certifies that a patient is no longer in need of institutional
care for mental illness the director of psychological services
shall discharge the patient to the institution from which
committed, and the discharge shall also discharge the mental
illness commitment.
A copy of the certification that the inmate is no longer in
need of care for mental illness shall be transmitted to the
commissioner of corrections. The commissioner of corrections
shall give serious consideration to the aforementioned
certification for purposes of their supervision over the inmate
upon the inmate's release.
Sec. 15. Minnesota Statutes 2000, section 245.462,
subdivision 20, is amended to read:
Subd. 20. [MENTAL ILLNESS.] (a) "Mental illness" means an
organic disorder of the brain or a clinically significant
disorder of thought, mood, perception, orientation, memory, or
behavior that is listed in the clinical manual of the
International Classification of Diseases (ICD-9-CM), current
edition, code range 290.0 to 302.99 or 306.0 to 316.0 or the
corresponding code in the American Psychiatric Association's
Diagnostic and Statistical Manual of Mental Disorders (DSM-MD),
current edition, Axes I, II, or III, and that seriously limits a
person's capacity to function in primary aspects of daily living
such as personal relations, living arrangements, work, and
recreation.
(b) An "adult with acute mental illness" means an adult who
has a mental illness that is serious enough to require prompt
intervention.
(c) For purposes of case management and community support
services, a "person with serious and persistent mental illness"
means an adult who has a mental illness and meets at least one
of the following criteria:
(1) the adult has undergone two or more episodes of
inpatient care for a mental illness within the preceding 24
months;
(2) the adult has experienced a continuous psychiatric
hospitalization or residential treatment exceeding six months'
duration within the preceding 12 months;
(3) the adult:
(i) has a diagnosis of schizophrenia, bipolar disorder,
major depression, or borderline personality disorder;
(ii) indicates a significant impairment in functioning; and
(iii) has a written opinion from a mental health
professional, in the last three years, stating that the adult is
reasonably likely to have future episodes requiring inpatient or
residential treatment, of a frequency described in clause (1) or
(2), unless ongoing case management or community support
services are provided;
(4) the adult has, in the last three years, been committed
by a court as a person who is mentally ill person under chapter
253B, or the adult's commitment has been stayed or continued; or
(5) the adult (i) was eligible under clauses (1) to (4),
but the specified time period has expired or the adult was
eligible as a child under section 245.4871, subdivision 6; and
(ii) has a written opinion from a mental health professional, in
the last three years, stating that the adult is reasonably
likely to have future episodes requiring inpatient or
residential treatment, of a frequency described in clause (1) or
(2), unless ongoing case management or community support
services are provided.
Sec. 16. Minnesota Statutes 2000, section 253.015,
subdivision 2, is amended to read:
Subd. 2. [PLAN FOR NEEDED REGIONAL TREATMENT CENTER
SERVICES.] (a) By January 30, 1990, the commissioner shall
develop and submit to the legislature a plan to implement a
program for persons in southeastern Minnesota who are mentally
ill.
(b) By January 1, 1990, the commissioner shall develop a
plan to establish a comprehensive brain injury treatment program
at the Faribault regional center site to meet the needs of
people with brain injuries in Minnesota. The program shall
provide postacute, community integration and family support
services for people with brain injuries which have resulted in
behavior, cognitive, emotional, communicative and mobility
impairments or deficits. The plan shall include development of
a brain injury residential unit, a functional evaluation
outpatient clinic and an adaptive equipment center within the
outpatient clinic. Health care services already available at
the regional center or from the Faribault community must be
utilized, and the plan shall include provisions and cost
estimates for capital improvements, staff retraining, and
program start-up costs.
(c) By January 1, 1990, the commissioner shall develop a
plan to establish 35 auxiliary beds at Brainerd regional
treatment center for the Minnesota security hospital. The
commissioner shall develop secure beds for mentally ill persons
who are mentally ill as authorized in the worksheets of the
house appropriations and senate finance committees. The
commissioner shall finance the purchase or construction of these
beds with the Minnesota housing finance agency. The
commissioner shall make payments through the department of
administration to the Minnesota housing finance agency in
repayment of mortgage loans granted for the purposes of this
section.
Sec. 17. Minnesota Statutes 2000, section 253.21, is
amended to read:
253.21 [COMMITMENT; PROCEEDINGS; RESTORATION OF MENTAL
HEALTH.]
When any person confined in the Minnesota correctional
facility-Stillwater or the Minnesota correctional facility-St.
Cloud is alleged to be mentally ill, the chief executive officer
or other person in charge shall forthwith notify the
commissioner of human services, who shall cause the prisoner to
be examined by the court exercising probate jurisdiction of the
county where the prisoner is confined, as in the case of other
mentally ill persons who are mentally ill. In case the prisoner
is found to be mentally ill, the prisoner shall be transferred
by the order of the court to the Minnesota Security Hospital or
to a state hospital for people who are mentally ill people in
the discretion of the court, there to be kept and maintained as
in the case of other mentally ill persons who are mentally ill.
If, in the judgment of the chief executive officer, the
prisoner's mental health is restored before the period of
commitment to the penal institution has expired, the prisoner
shall be removed by the commissioner, upon the certificate of
the chief executive officer, to the institution whence the
prisoner came to complete the sentence.
Sec. 18. Minnesota Statutes 2001 Supplement, section
253B.02, subdivision 13, is amended to read:
Subd. 13. [PERSON WHO IS MENTALLY ILL PERSON.]
(a) A "person who is mentally ill person" means any person who
has an organic disorder of the brain or a substantial
psychiatric disorder of thought, mood, perception, orientation,
or memory which grossly impairs judgment, behavior, capacity to
recognize reality, or to reason or understand, which is
manifested by instances of grossly disturbed behavior or faulty
perceptions and 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
(4) recent and volitional conduct involving significant
damage to substantial property.
(b) A person is not mentally ill under this section if the
impairment is solely due to:
(1) epilepsy;
(2) mental retardation;
(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.
Sec. 19. Minnesota Statutes 2000, section 253B.02,
subdivision 17, is amended to read:
Subd. 17. [PERSON WHO IS MENTALLY ILL AND DANGEROUS TO THE
PUBLIC.] A "person who is mentally ill and dangerous to the
public" is a person (a) who is mentally ill; and (b) who as a
result of that mental illness 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. A
person committed as a sexual psychopathic personality or
sexually dangerous person as defined in subdivisions 18a and 18b
is subject to the provisions of this chapter that apply to
persons who are mentally ill and dangerous to the public.
Sec. 20. Minnesota Statutes 2000, section 253B.02,
subdivision 18, is amended to read:
Subd. 18. [REGIONAL TREATMENT CENTER.] "Regional treatment
center" means any state-operated facility for persons who are
mentally ill, mentally retarded, or chemically dependent persons
which is under the direct administrative authority of the
commissioner.
Sec. 21. Minnesota Statutes 2000, section 253B.02,
subdivision 19, is amended to read:
Subd. 19. [TREATMENT FACILITY.] "Treatment facility" means
a hospital, community mental health center, or other treatment
provider qualified to provide care and treatment for persons who
are mentally ill, mentally retarded, or chemically
dependent persons.
Sec. 22. Minnesota Statutes 2000, section 253B.06,
subdivision 1, is amended to read:
Subdivision 1. [PERSONS WHO ARE MENTALLY ILL AND MENTALLY
RETARDED PERSONS.] Every patient hospitalized as mentally ill or
mentally retarded pursuant to section 253B.04 or 253B.05 must be
examined by a physician as soon as possible but no more than 48
hours following admission. The physician shall be knowledgeable
and trained in the diagnosis of the alleged disability related
to the need for admission as a person who is mentally ill or
mentally retarded person.
Sec. 23. Minnesota Statutes 2001 Supplement, section
253B.09, subdivision 1, is amended to read:
Subdivision 1. [STANDARD OF PROOF.] (a) If the court finds
by clear and convincing evidence that the proposed patient is
a person who is mentally ill, mentally retarded, or chemically
dependent person 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, 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, and regional treatment center services. 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.
(c) If the court finds a proposed patient to be a person
who is mentally ill person under section 253B.02, subdivision
13, paragraph (a), clause (2) or (4), the court shall commit to
a community-based program that meets the proposed patient's
needs.
Sec. 24. Minnesota Statutes 2000, section 253B.12,
subdivision 1, is amended to read:
Subdivision 1. [REPORTS.] (a) If a patient who was
committed as a person who is mentally ill, mentally retarded, or
chemically dependent is discharged from commitment within the
first 60 days after the date of the initial commitment order,
the head of the treatment facility 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 is
mentally ill, mentally retarded, or chemically dependent 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 that has custody of the
patient shall file a written report with the 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 which is needed, and evidence
to support the response;
(6) whether the patient satisfies the statutory requirement
for continued commitment to a treatment facility, with
documentation to support the opinion; and
(7) 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.
(c) Prior to the termination of the initial commitment
order or final discharge of the patient, the head of the
treatment facility 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
treatment facility, the report shall be filed by the designated
agency, which may submit the discharge report as part of its
report.
(e) If no written report is filed within the required time,
or if a report describes the patient as not in need of further
institutional care and treatment, the proceedings must be
terminated by the committing court and the patient discharged
from the treatment facility.
Sec. 25. Minnesota Statutes 2000, section 253B.141,
subdivision 2, is amended to read:
Subd. 2. [APPREHENSION; RETURN TO FACILITY.] (a) Upon
receiving the report of absence from the head of the treatment
facility or the committing court, a patient may be apprehended
and held by a peace officer in any jurisdiction pending return
to the facility from which the patient is absent without
authorization. A patient may also be returned to any facility
operated by the commissioner. A person who is mentally ill and
dangerous person, a sexual psychopathic personality patient, or
a sexually dangerous person committed under section 253B.18 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;
(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 treatment facility 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. The expense of
detaining and transporting a patient shall be the responsibility
of the treatment facility from which the patient is absent. The
expense of detaining and transporting a patient to a treatment
facility operated by the department of human services shall be
paid by the commissioner unless paid by the patient or persons
on behalf of the patient.
Sec. 26. Minnesota Statutes 2000, section 253B.15,
subdivision 1, is amended to read:
Subdivision 1. [PROVISIONAL DISCHARGE.] The head of the
treatment facility may provisionally discharge any patient
without discharging the commitment, unless the patient was found
by the committing court to be a person who is mentally ill and
dangerous to the public.
Each patient released on provisional discharge shall have a
written aftercare plan developed which specifies the services
and treatment to be provided as part of the aftercare 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 aftercare plan shall be provided to the patient,
the patient's attorney, and the designated agency.
The aftercare plan shall be reviewed on a quarterly basis
by the patient, designated agency and other appropriate persons.
The aftercare 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.
Sec. 27. Minnesota Statutes 2000, section 253B.16,
subdivision 1, is amended to read:
Subdivision 1. [DATE.] The head of a treatment facility
shall discharge any patient admitted as a person who is mentally
ill, chemically dependent, or a person with mental retardation
admitted under Minnesota Rules of Criminal Procedure, rules
20.01 and 20.02, to the secure bed component of the Minnesota
extended treatment options when the head of the facility
certifies that the person is no longer in need of care and
treatment or at the conclusion of any period of time specified
in the commitment order, whichever occurs first. The head of a
treatment facility shall discharge any person admitted as
mentally retarded, except those admitted under Minnesota Rules
of Criminal Procedure, rules 20.01 and 20.02, to the secure bed
component of the Minnesota extended treatment options, 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.
Sec. 28. Minnesota Statutes 2000, section 253B.17,
subdivision 1, is amended to read:
Subdivision 1. [PETITION.] Any patient, except one
committed as a person who is mentally ill and dangerous to the
public or as a sexually dangerous person or person with a sexual
psychopathic personality as provided in section 253B.18,
subdivision 3, or any interested person may petition the
committing court or the court to which venue has been
transferred for an order that the patient is not in need of
continued care and treatment or for an order that an individual
is no longer a person who is mentally ill, mentally retarded, or
chemically dependent, or for any other relief. A patient
committed as a person who is mentally ill or mentally ill and
dangerous may petition the committing court or the court to
which venue has been transferred for a hearing concerning the
administration of neuroleptic medication.
Sec. 29. Minnesota Statutes 2000, section 253B.18,
subdivision 1, is amended to read:
Subdivision 1. [PROCEDURE.] (a) Upon the filing of a
petition alleging that a proposed patient is a person who is
mentally ill and 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 is mentally ill and dangerous
to the public, it shall commit the person to a secure treatment
facility or to a treatment facility willing to accept the
patient under commitment. The court shall commit the patient to
a secure treatment facility unless the patient establishes by
clear and convincing evidence that a less restrictive treatment
program 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 is mentally ill and dangerous 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
pursuant to a commitment under this subdivision, treatment must
begin regardless of whether a review hearing will be held under
subdivision 2.
Sec. 30. Minnesota Statutes 2000, section 253B.18,
subdivision 2, is amended to read:
Subd. 2. [REVIEW; HEARING.] (a) A written treatment report
shall be filed by the treatment facility 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 a secure treatment facility. The court shall hold a hearing
to make a final determination as to whether the person should
remain committed as a person who is mentally ill and 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 attorney for the patient:
(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.
(c) If the court finds that the patient should be committed
as a person who is mentally ill, but not as a person who is
mentally ill and dangerous to the public, the court may commit
the person as a person who is mentally ill person and the person
shall be deemed not to have been found to be dangerous to the
public for the purposes of subdivisions 4a to 15. Failure of
the treatment facility to provide the required report at the end
of the 60-day period shall not result in automatic discharge of
the patient.
Sec. 31. Minnesota Statutes 2000, section 253B.18,
subdivision 3, is amended to read:
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 is mentally ill
and dangerous, 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 is mentally
ill and dangerous to the public, the patient shall be
transferred, provisionally discharged or discharged, only as
provided in this section.
Sec. 32. Minnesota Statutes 2000, section 253B.18,
subdivision 4a, is amended to read:
Subd. 4a. [RELEASE ON PASS; NOTIFICATION.] A patient who
has been committed as a person who is mentally ill and dangerous
and who is confined at a secure treatment facility 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 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.
Sec. 33. Minnesota Statutes 2000, section 253B.18,
subdivision 4b, is amended to read:
Subd. 4b. [PASS-ELIGIBLE STATUS; NOTIFICATION.] 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:
(a) a patient who has been committed as a person who is
mentally ill and dangerous and who:
(1) 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;
(2) was convicted of a felony immediately prior to or
during commitment as a person who is mentally ill and dangerous;
or
(3) is subject to a commitment to the commissioner of
corrections; and
(b) a patient who has been committed as a psychopathic
personality, a sexually psychopathic personality, or a sexually
dangerous person.
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 treatment facility, a hearing shall be held before the
special review board. The proposed status shall not be
implemented unless it receives a favorable 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.
Nothing in this subdivision shall be construed to give a
patient an affirmative right to seek pass-eligible status from
the special review board.
Sec. 34. Minnesota Statutes 2000, section 253B.18,
subdivision 6, is amended to read:
Subd. 6. [TRANSFER.] A patient who is mentally ill and
dangerous patients 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 other regional centers under
the commissioner's control. 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.
The following factors must be considered in determining
whether a transfer is appropriate:
(i) the person's clinical progress and present treatment
needs;
(ii) the need for security to accomplish continuing
treatment;
(iii) the need for continued institutionalization;
(iv) which facility can best meet the person's needs; and
(v) whether transfer can be accomplished with a reasonable
degree of safety for the public.
Sec. 35. Minnesota Statutes 2000, section 253B.18,
subdivision 7, is amended to read:
Subd. 7. [PROVISIONAL DISCHARGE.] A patient who is
mentally ill and dangerous patients 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.
The following factors are to be considered in determining
whether a provisional discharge shall be recommended: (a)
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
(b) 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.
Sec. 36. Minnesota Statutes 2000, section 253B.18,
subdivision 15, is amended to read:
Subd. 15. [DISCHARGE.] A patient who is mentally ill and
dangerous patient 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 inpatient treatment and
supervision.
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.
Sec. 37. Minnesota Statutes 2000, section 253B.185,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL.] Except as otherwise provided in
this section, the provisions of this chapter pertaining to
persons who are mentally ill and dangerous to the public apply
with like force and effect to persons who are alleged or found
to be sexually dangerous persons or persons with a sexual
psychopathic personality. Before commitment proceedings are
instituted, the facts shall first be submitted to the county
attorney, who, if satisfied that good cause exists, will prepare
the petition. The county attorney may request a prepetition
screening report. The petition is to be executed by a person
having knowledge of the facts and filed with the committing
court of the county in which the patient has a settlement or is
present. If the patient is in the custody of the commissioner
of corrections, the petition may be filed in the county where
the conviction for which the person is incarcerated was
entered. Upon the filing of a petition alleging that a proposed
patient is a sexually dangerous person or is a person with a
sexual psychopathic personality, the court shall hear the
petition as provided in section 253B.18. In commitments under
this section, the court shall commit the patient to a secure
treatment facility unless the patient establishes by clear and
convincing evidence that a less restrictive treatment program is
available that is consistent with the patient's treatment needs
and the requirements of public safety.
Sec. 38. Minnesota Statutes 2000, section 253B.19,
subdivision 2, is amended to read:
Subd. 2. [PETITION; HEARING.] The committed person or the
county attorney of the county from which a patient was committed
as a person who is mentally ill and dangerous to the public, or
as a sexual psychopathic personality or as a sexually dangerous
person may petition the appeal panel for a rehearing and
reconsideration of a decision by the commissioner. The petition
shall be filed with the supreme court within 30 days after the
decision of the commissioner is signed. The supreme court shall
refer the petition to the chief judge of the appeal panel. The
chief judge shall notify the patient, the county attorney of the
county of commitment, the designated agency, the commissioner,
the head of the treatment facility, any interested person, and
other persons the chief judge designates, of the time and place
of the hearing on the petition. The notice shall be given at
least 14 days prior to the date of the hearing. The hearing
shall be within 45 days of the filing of the petition unless an
extension is granted for good cause. Any person may oppose the
petition. The appeal panel may appoint examiners and may
adjourn the hearing from time to time. It shall hear and
receive all relevant testimony and evidence and make a record of
all proceedings. The patient, patient's counsel, and the county
attorney of the committing county may be present and present and
cross-examine all witnesses. The petitioning party bears the
burden of going forward with the evidence. The party opposing
discharge bears the burden of proof by clear and convincing
evidence that the respondent is in need of commitment.
Sec. 39. Minnesota Statutes 2000, section 253B.212,
subdivision 2, is amended to read:
Subd. 2. [EFFECT GIVEN TO TRIBAL COMMITMENT ORDER.] When,
under an agreement entered into pursuant to subdivision 1, the
Indian Health Service applies to a regional center for admission
of a person committed to the jurisdiction of the health service
by the tribal court as a person who is mentally ill, mentally
retarded, or chemically dependent, the commissioner may treat
the patient with the consent of the Indian Health Service.
A person admitted to a regional center pursuant to this
section has all the rights accorded by section 253B.03. In
addition, treatment reports, prepared in accordance with the
requirements of section 253B.12, subdivision 1, shall be filed
with the Indian Health Service within 60 days of commencement of
the patient's stay at the facility. A subsequent treatment
report shall be filed with the Indian Health Service within six
months of the patient's admission to the facility or prior to
discharge, whichever comes first. Provisional discharge or
transfer of the patient may be authorized by the head of the
treatment facility only with the consent of the Indian Health
Service. Discharge from the facility to the Indian Health
Service may be authorized by the head of the treatment facility
after notice to and consultation with the Indian Health Service.
Sec. 40. Minnesota Statutes 2000, section 256E.03,
subdivision 2, is amended to read:
Subd. 2. (a) "Community social services" means services
provided or arranged for by county boards to fulfill the
responsibilities prescribed in section 256E.08, subdivision 1,
to the following groups of persons:
(1) families with children under age 18, who are
experiencing child dependency, neglect or abuse, and also
pregnant adolescents, adolescent parents under the age of 18 and
their children, and other adolescents;
(2) persons, including adolescents, who are under the
guardianship of the commissioner of human services as dependent
and neglected wards;
(3) adults who are in need of protection and vulnerable as
defined in section 626.5572;
(4) persons age 60 and over who are experiencing difficulty
living independently and are unable to provide for their own
needs;
(5) emotionally disturbed children and adolescents, persons
who are chronically and acutely mentally ill persons and who are
unable to provide for their own needs or to independently engage
in ordinary community activities;
(6) persons with mental retardation as defined in section
252A.02, subdivision 2, or with related conditions as defined in
section 252.27, subdivision 1a, who are unable to provide for
their own needs or to independently engage in ordinary community
activities;
(7) drug dependent and intoxicated persons, including
adolescents, as defined in section 254A.02, subdivisions 5 and
7, and persons, including adolescents, at risk of harm to self
or others due to the ingestion of alcohol or other drugs;
(8) parents whose income is at or below 70 percent of the
state median income and who are in need of child care services
in order to secure or retain employment or to obtain the
training or education necessary to secure employment;
(9) children and adolescents involved in or at risk of
involvement with criminal activity; and
(10) other groups of persons who, in the judgment of the
county board, are in need of social services.
(b) Except as provided in section 256E.08, subdivision 5,
community social services do not include public assistance
programs known as the Minnesota family investment program,
Minnesota supplemental aid, medical assistance, general
assistance, general assistance medical care, or community health
services authorized by sections 145A.09 to 145A.13.
Sec. 41. Minnesota Statutes 2000, section 299F.77, is
amended to read:
299F.77 [ISSUANCE TO CERTAIN PERSONS PROHIBITED.]
The following persons shall not be entitled to receive an
explosives license or permit:
(1) a person under the age of 18 years;
(2) a person who has been convicted in this state or
elsewhere of a crime of violence, as defined in section 299F.72,
subdivision 1b, unless ten years have elapsed since the person's
civil rights have been restored or the sentence has expired,
whichever occurs first, and during that time the person has not
been convicted of any other crime of violence. For purposes of
this section, crime of violence includes crimes in other states
or jurisdictions that would have been crimes of violence if they
had been committed in this state;
(3) a person who is or has ever been confined or committed
in Minnesota or elsewhere as a "person who is mentally ill," "
mentally retarded," or "mentally ill and dangerous to the public
" person, as defined in section 253B.02, to a treatment
facility, unless the person possesses a certificate of a medical
doctor or psychiatrist licensed in Minnesota, or other
satisfactory proof, that the person is no longer suffering from
this disability;
(4) a person who has been convicted in Minnesota or
elsewhere for the unlawful use, possession, or sale of a
controlled substance other than conviction for possession of a
small amount of marijuana, as defined in section 152.01,
subdivision 16, or who is or has ever been hospitalized or
committed for treatment for the habitual use of a controlled
substance or marijuana, as defined in sections 152.01 and
152.02, unless the person possesses a certificate of a medical
doctor or psychiatrist licensed in Minnesota, or other
satisfactory proof, that the person has not abused a controlled
substance or marijuana during the previous two years; and
(5) a person who has been confined or committed to a
treatment facility in Minnesota or elsewhere as "chemically
dependent," as defined in section 253B.02, unless the person has
completed treatment.
Sec. 42. Minnesota Statutes 2000, section 376.01, is
amended to read:
376.01 [ACQUISITION OF LAND.]
A county board may acquire land in the county for hospital
purposes for patients, other than the for persons who are
mentally ill.
Sec. 43. Minnesota Statutes 2000, section 376.02, is
amended to read:
376.02 [BUILDINGS.]
A county board may purchase or construct suitable buildings
for hospital purposes for patients, other than the for persons
who are mentally ill, on any land acquired under section 376.01,
and may improve, equip, and maintain these buildings for
hospital purposes. The county board may pay for these buildings
out of any fund in the county treasury not otherwise
appropriated or issue warrants or bonds of the county for
payment. The county board may fix the time and terms of payment
of these warrants or bonds and the amount of interest to be paid.
Sec. 44. Minnesota Statutes 2000, section 462A.02,
subdivision 9, is amended to read:
Subd. 9. [SPECIAL NEEDS RESIDENTIAL CARE.] It is further
declared that the health, welfare, and personal interests of the
persons who are mentally ill, mentally retarded, physically
handicapped, and drug dependent citizens of Minnesota and who
are and who or may be in need of residential care are better
served through the development of a comprehensive, community-
based system of treatment and care which requires the
availability of adequate financing for the construction,
renovation, or rehabilitation of residential care facilities as
well as sufficient funds for their operational start-up costs.
Sec. 45. Minnesota Statutes 2000, section 462A.03,
subdivision 19, is amended to read:
Subd. 19. [RESIDENTIAL CARE FACILITY.] "Residential care
facility" means a living unit established primarily for the
accommodation and treatment of persons who are mentally ill,
mentally retarded, physically handicapped, and drug
dependent persons.
Sec. 46. Minnesota Statutes 2000, section 609.06,
subdivision 1, is amended to read:
Subdivision 1. [WHEN AUTHORIZED.] Except as otherwise
provided in subdivision 2, reasonable force may be used upon or
toward the person of another without the other's consent when
the following circumstances exist or the actor reasonably
believes them to exist:
(1) when used by a public officer or one assisting a public
officer under the public officer's direction:
(a) in effecting a lawful arrest; or
(b) in the execution of legal process; or
(c) in enforcing an order of the court; or
(d) in executing any other duty imposed upon the public
officer by law; or
(2) when used by a person not a public officer in arresting
another in the cases and in the manner provided by law and
delivering the other to an officer competent to receive the
other into custody; or
(3) when used by any person in resisting or aiding another
to resist an offense against the person; or
(4) when used by any person in lawful possession of real or
personal property, or by another assisting the person in lawful
possession, in resisting a trespass upon or other unlawful
interference with such property; or
(5) when used by any person to prevent the escape, or to
retake following the escape, of a person lawfully held on a
charge or conviction of a crime; or
(6) when used by a parent, guardian, teacher, or other
lawful custodian of a child or pupil, in the exercise of lawful
authority, to restrain or correct such child or pupil; or
(7) when used by a school employee or school bus driver, in
the exercise of lawful authority, to restrain a child or pupil,
or to prevent bodily harm or death to another; or
(8) when used by a common carrier in expelling a passenger
who refuses to obey a lawful requirement for the conduct of
passengers and reasonable care is exercised with regard to the
passenger's personal safety; or
(9) when used to restrain a person who is mentally ill or
mentally defective person from self-injury or injury to another
or when used by one with authority to do so to compel compliance
with reasonable requirements for the person's control, conduct,
or treatment; or
(10) when used by a public or private institution providing
custody or treatment against one lawfully committed to it to
compel compliance with reasonable requirements for the control,
conduct, or treatment of the committed person.
Sec. 47. Minnesota Statutes 2000, section 609.668,
subdivision 2, is amended to read:
Subd. 2. [POSSESSION BY CERTAIN PERSONS PROHIBITED.] The
following persons are prohibited from possessing or reporting an
explosive device or incendiary device:
(a) a person under the age of 18 years;
(b) a person who has been convicted in this state or
elsewhere of a crime of violence unless ten years have elapsed
since the person's civil rights have been restored or the
sentence has expired, whichever occurs first, and during that
time the person has not been convicted of any other crime of
violence. For purposes of this section, crime of violence
includes crimes in other states or jurisdictions that would have
been crimes of violence if they had been committed in this
state;
(c) a person who is or has ever been confined or committed
in Minnesota or elsewhere as a "person who is mentally ill," "
mentally retarded," or "mentally ill and dangerous to the public
" person, as defined in section 253B.02, to a treatment
facility, unless the person possesses a certificate of a medical
doctor or psychiatrist licensed in Minnesota, or other
satisfactory proof, that the person is no longer suffering from
this disability;
(d) a person who has been convicted in Minnesota or
elsewhere for the unlawful use, possession, or sale of a
controlled substance other than conviction for possession of a
small amount of marijuana, as defined in section 152.01,
subdivision 16, or who is or has ever been hospitalized or
committed for treatment for the habitual use of a controlled
substance or marijuana, as defined in sections 152.01 and
152.02, unless the person possesses a certificate of a medical
doctor or psychiatrist licensed in Minnesota, or other
satisfactory proof, that the person has not abused a controlled
substance or marijuana during the previous two years;
(e) a person who has been confined or committed to a
treatment facility in Minnesota or elsewhere as "chemically
dependent," as defined in section 253B.02, unless the person has
completed treatment; and
(f) a peace officer who is informally admitted to a
treatment facility under section 253B.04 for chemical
dependency, unless the officer possesses a certificate from the
head of the treatment facility discharging or provisionally
discharging the officer from the treatment facility.
A person who in good faith issues a certificate to a person
described in this subdivision to possess or use an incendiary or
explosive device is not liable for damages resulting or arising
from the actions or misconduct with an explosive or incendiary
device committed by the individual who is the subject of the
certificate.
Sec. 48. Minnesota Statutes 2000, section 624.713,
subdivision 1, is amended to read:
Subdivision 1. [INELIGIBLE PERSONS.] The following persons
shall not be entitled to possess a pistol or semiautomatic
military-style assault weapon or, except for clause (a), any
other firearm:
(a) a person under the age of 18 years except that a person
under 18 may carry or possess a pistol or semiautomatic
military-style assault weapon (i) in the actual presence or
under the direct supervision of the person's parent or guardian,
(ii) for the purpose of military drill under the auspices of a
legally recognized military organization and under competent
supervision, (iii) for the purpose of instruction, competition,
or target practice on a firing range approved by the chief of
police or county sheriff in whose jurisdiction the range is
located and under direct supervision; or (iv) if the person has
successfully completed a course designed to teach marksmanship
and safety with a pistol or semiautomatic military-style assault
weapon and approved by the commissioner of natural resources;
(b) except as otherwise provided in clause (i), a person
who has been convicted of, or adjudicated delinquent or
convicted as an extended jurisdiction juvenile for committing,
in this state or elsewhere, a crime of violence unless ten years
have elapsed since the person has been restored to civil rights
or the sentence or disposition has expired, whichever occurs
first, and during that time the person has not been convicted of
or adjudicated for any other crime of violence. For purposes of
this section, crime of violence includes crimes in other states
or jurisdictions which would have been crimes of violence as
herein defined if they had been committed in this state;
(c) a person who is or has ever been confined in Minnesota
or elsewhere as a "person who is mentally ill," "mentally
retarded," or "mentally ill and dangerous to the public" person,
as defined in section 253B.02, to a treatment facility, or who
has ever been found incompetent to stand trial or not guilty by
reason of mental illness, unless the person possesses a
certificate of a medical doctor or psychiatrist licensed in
Minnesota, or other satisfactory proof that the person is no
longer suffering from this disability;
(d) a person who has been convicted in Minnesota or
elsewhere of a misdemeanor or gross misdemeanor violation of
chapter 152, or a person who is or has ever been hospitalized or
committed for treatment for the habitual use of a controlled
substance or marijuana, as defined in sections 152.01 and
152.02, unless the person possesses a certificate of a medical
doctor or psychiatrist licensed in Minnesota, or other
satisfactory proof, that the person has not abused a controlled
substance or marijuana during the previous two years;
(e) a person who has been confined or committed to a
treatment facility in Minnesota or elsewhere as "chemically
dependent" as defined in section 253B.02, unless the person has
completed treatment. Property rights may not be abated but
access may be restricted by the courts;
(f) a peace officer who is informally admitted to a
treatment facility pursuant to section 253B.04 for chemical
dependency, unless the officer possesses a certificate from the
head of the treatment facility discharging or provisionally
discharging the officer from the treatment facility. Property
rights may not be abated but access may be restricted by the
courts;
(g) a person, including a person under the jurisdiction of
the juvenile court, who has been charged with committing a crime
of violence and has been placed in a pretrial diversion program
by the court before disposition, until the person has completed
the diversion program and the charge of committing the crime of
violence has been dismissed;
(h) except as otherwise provided in clause (i), a person
who has been convicted in another state of committing an offense
similar to the offense described in section 609.224, subdivision
3, against a family or household member or section 609.2242,
subdivision 3, unless three years have elapsed since the date of
conviction and, during that time, the person has not been
convicted of any other violation of section 609.224, subdivision
3, or 609.2242, subdivision 3, or a similar law of another
state;
(i) a person who has been convicted in this state or
elsewhere of assaulting a family or household member and who was
found by the court to have used a firearm in any way during
commission of the assault is prohibited from possessing any type
of firearm for the period determined by the sentencing court; or
(j) a person who:
(1) has been convicted in any court of a crime punishable
by imprisonment for a term exceeding one year;
(2) is a fugitive from justice as a result of having fled
from any state to avoid prosecution for a crime or to avoid
giving testimony in any criminal proceeding;
(3) is an unlawful user of any controlled substance as
defined in chapter 152;
(4) has been judicially committed to a treatment facility
in Minnesota or elsewhere as a "person who is mentally ill," "
mentally retarded," or "mentally ill and dangerous to the public
" person, as defined in section 253B.02;
(5) is an alien who is illegally or unlawfully in the
United States;
(6) has been discharged from the armed forces of the United
States under dishonorable conditions; or
(7) has renounced the person's citizenship having been a
citizen of the United States.
A person who issues a certificate pursuant to this
subdivision in good faith is not liable for damages resulting or
arising from the actions or misconduct with a firearm committed
by the individual who is the subject of the certificate.
The prohibition in this subdivision relating to the
possession of firearms other than pistols and semiautomatic
military-style assault weapons does not apply retroactively to
persons who are prohibited from possessing a pistol or
semiautomatic military-style assault weapon under this
subdivision before August 1, 1994.
Sec. 49. Minnesota Statutes 2000, section 631.50, is
amended to read:
631.50 [ALIEN INMATES OR MENTALLY ILL PERSONS; REQUIRING
NOTICE TO UNITED STATES IMMIGRATION OFFICERS.]
When a person who is convicted of a felony or is found to
be a person who is mentally ill is committed to the Minnesota
correctional facility-Stillwater, the Minnesota correctional
facility-St. Cloud, the county jail, or any other state or
county institution which is supported, wholly or in part, by
public funds, the chief executive officer, sheriff, or other
officer in charge of the state or county institution shall at
once inquire into the nationality of the person. If it appears
that the person is an alien, the officer shall immediately
notify the United States immigration officer in charge of the
district in which the correctional facility, jail, or other
institution is located, of (1) the date of and the reasons for
the alien commitment, (2) the length of time for which
committed, (3) the country of which the alien is a citizen, and
(4) the date on which and the port at which the alien last
entered the United States.
Sec. 50. [REVISORS INSTRUCTION.]
In the next publication of Minnesota Rules, the revisor
shall change references to "mentally ill person" or similar
terminology wherever it appears in rules so that it is
consistent with the changes in this act.
Presented to the governor February 25, 2002
Signed by the governor February 27, 2002, 2:26 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes