1.1                          A bill for an act 
  1.2             relating to civil commitment; clarifying and 
  1.3             reorganizing portions of the commitment act; allowing 
  1.4             the designated agency to consent to voluntary 
  1.5             treatment for certain incompetent persons; creating a 
  1.6             new standard for court-ordered early intervention to 
  1.7             provide less intrusive treatment; modifying standards 
  1.8             and procedures for the administration of neuroleptic 
  1.9             medications; providing for access to records; amending 
  1.10            the provisional discharge procedures; requiring 
  1.11            medical documentation of a patient's refusal to be 
  1.12            examined and allowing determination of need for 
  1.13            treatment based on other information; prohibiting 
  1.14            prepetition screeners from filing commitment 
  1.15            petitions; limiting use of prepetition screening 
  1.16            reports in unrelated proceedings; requiring 
  1.17            distribution to specified parties; increasing time for 
  1.18            return after provisional discharge; modifying 
  1.19            provisions governing special review boards; increasing 
  1.20            time for hearing appeals; changing provisions for 
  1.21            state liens for cost of care; amending Minnesota 
  1.22            Statutes 1996, sections 13.42, subdivisions 2 and 3; 
  1.23            55.10, subdivision 4; 246B.01, subdivisions 3 and 4; 
  1.24            253B.01; 253B.02, subdivisions 2, 4, 4a, 7, 9, 13, 14, 
  1.25            15, 18, 18a, 18b, and by adding subdivisions; 253B.03, 
  1.26            subdivisions 1, 2, 3, 4, 5, 6, 6b, 7, 8, and by adding 
  1.27            a subdivision; 253B.04; 253B.05, subdivisions 1, 2, 3, 
  1.28            4, and by adding a subdivision; 253B.06; 253B.07, 
  1.29            subdivisions 1, 2, 2a, 3, 4, 5, 7, and by adding 
  1.30            subdivisions; 253B.08, subdivisions 1, 2, 3, 5, and by 
  1.31            adding subdivisions; 253B.09, subdivisions 1, 2, 3, 5, 
  1.32            and by adding a subdivision; 253B.095; 253B.10; 
  1.33            253B.11, subdivision 2, and by adding a subdivision; 
  1.34            253B.12, subdivisions 1, 3, 4, and by adding a 
  1.35            subdivision; 253B.13, subdivisions 1 and 2; 253B.14; 
  1.36            253B.15, subdivisions 1, 1a, 2, 3, 5, 10, and by 
  1.37            adding subdivisions; 253B.16, subdivision 1; 253B.17, 
  1.38            subdivisions 1 and 3; 253B.18, subdivisions 1, 2, 3, 
  1.39            4, 4a, 4b, 5, 6, 7, 9, 12, 14, 15, and by adding a 
  1.40            subdivision; 253B.185, subdivision 4; 253B.19, 
  1.41            subdivisions 1, 2, 3, and 5; 253B.20, subdivisions 1, 
  1.42            3, 4, 6, and 7; 253B.21, subdivision 4; 253B.22, 
  1.43            subdivision 1; 253B.23, subdivisions 1, 4, 6, 7, and 
  1.44            9; 256.015, subdivisions 1, 2, and 4; 256B.042, 
  1.45            subdivisions 1, 2, and 4; 256B.37, subdivision 1; 
  1.46            514.71; 514.980, subdivision 2; 514.981, subdivision 
  2.1             2; 514.982, subdivisions 1 and 2; 514.985; 524.1-201; 
  2.2             524.3-801; 524.3-1004; 524.3-1201; and 524.6-207; 
  2.3             proposing coding for new law in Minnesota Statutes, 
  2.4             chapter 253B; repealing Minnesota Statutes 1996, 
  2.5             sections 253B.03, subdivisions 6c and 9; 253B.05, 
  2.6             subdivisions 2a and 5; 253B.07, subdivision 6; 
  2.7             253B.08, subdivisions 4 and 6; 253B.091; 253B.12, 
  2.8             subdivisions 5 and 8; 253B.13, subdivision 3; 253B.15, 
  2.9             subdivisions 4 and 6; 253B.18, subdivision 4; 253B.21, 
  2.10            subdivision 5; and 253B.23, subdivision 1a. 
  2.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.12                             ARTICLE 1
  2.13                          CIVIL COMMITMENT
  2.14     Section 1.  Minnesota Statutes 1996, section 13.42, 
  2.15  subdivision 2, is amended to read: 
  2.16     Subd. 2.  [PUBLIC HOSPITALS; DIRECTORY INFORMATION.] (a) 
  2.17  During the time that a person is a patient in a hospital 
  2.18  operated by a state agency or political subdivision pursuant 
  2.19  to under legal commitment, directory information is public 
  2.20  data.  After the person is released by termination of the 
  2.21  person's legal commitment, the directory information is private 
  2.22  data on individuals.  
  2.23     (b) If a person is a patient other than pursuant to 
  2.24  commitment in a hospital controlled by a state agency or 
  2.25  political subdivision, directory information is public data 
  2.26  unless the patient requests otherwise, in which case it is 
  2.27  private data on individuals.  
  2.28     (c) Directory information about an emergency patient who is 
  2.29  unable to communicate which is public under this subdivision 
  2.30  shall not be released until a reasonable effort is made to 
  2.31  notify the next of kin.  Although an individual has requested 
  2.32  that directory information be private, the hospital may release 
  2.33  directory information to a law enforcement agency pursuant to a 
  2.34  lawful investigation pertaining to that individual. 
  2.35     Sec. 2.  Minnesota Statutes 1996, section 13.42, 
  2.36  subdivision 3, is amended to read: 
  2.37     Subd. 3.  [CLASSIFICATION OF MEDICAL DATA.] Unless the data 
  2.38  is summary data or a statute specifically provides a different 
  2.39  classification, medical data are private but are available only 
  2.40  to the subject of the data as provided in section 144.335, and 
  3.1   shall not be disclosed to others except: 
  3.2      (a) Pursuant to section 13.05; 
  3.3      (b) Pursuant to section 253B.03, subdivision 6c 253B.0921; 
  3.4      (c) Pursuant to a valid court order; 
  3.5      (d) To administer federal funds or programs; 
  3.6      (e) To the surviving spouse, parents, children, and 
  3.7   siblings of a deceased patient or client or, if there are no 
  3.8   surviving spouse, parents, children, or siblings, to the 
  3.9   surviving heirs of the nearest degree of kindred; 
  3.10     (f) To communicate a patient's or client's condition to a 
  3.11  family member or other appropriate person in accordance with 
  3.12  acceptable medical practice, unless the patient or client 
  3.13  directs otherwise; or 
  3.14     (g) As otherwise required by law. 
  3.15     Sec. 3.  Minnesota Statutes 1996, section 246B.01, 
  3.16  subdivision 3, is amended to read: 
  3.17     Subd. 3.  [SEXUAL PSYCHOPATHIC PERSONALITY.] "Sexual 
  3.18  psychopathic personality" has the meaning given in section 
  3.19  253B.02, subdivision 18a 18b. 
  3.20     Sec. 4.  Minnesota Statutes 1996, section 246B.01, 
  3.21  subdivision 4, is amended to read: 
  3.22     Subd. 4.  [SEXUALLY DANGEROUS PERSON.] "Sexually dangerous 
  3.23  person" has the meaning given in section 253B.02, 
  3.24  subdivision 18b 18c. 
  3.25     Sec. 5.  Minnesota Statutes 1996, section 253B.01, is 
  3.26  amended to read: 
  3.27     253B.01 [CITATION.] 
  3.28     This chapter may be cited as the "Minnesota commitment and 
  3.29  treatment act of 1982."  
  3.30     Sec. 6.  Minnesota Statutes 1996, section 253B.02, 
  3.31  subdivision 2, is amended to read: 
  3.32     Subd. 2.  [CHEMICALLY DEPENDENT PERSON.] "Chemically 
  3.33  dependent person" means any person (a) determined as being 
  3.34  incapable of self-management or management of personal affairs 
  3.35  by reason of the habitual and excessive use of alcohol or, 
  3.36  drugs, or other mind-altering substances; and (b) whose recent 
  4.1   conduct as a result of habitual and excessive use of alcohol or, 
  4.2   drugs, or other mind-altering substances poses a substantial 
  4.3   likelihood of physical harm to self or others as demonstrated by 
  4.4   (i) a recent attempt or threat to physically harm self or 
  4.5   others, (ii) evidence of recent serious physical problems, or 
  4.6   (iii) a failure to obtain necessary food, clothing, shelter, or 
  4.7   medical care.  "Chemically dependent person" also means a 
  4.8   pregnant woman who has engaged during the pregnancy in habitual 
  4.9   or excessive use, for a nonmedical purpose, of any of the 
  4.10  following controlled substances or their derivatives:  cocaine, 
  4.11  heroin, phencyclidine, methamphetamine, or amphetamine. 
  4.12     Sec. 7.  Minnesota Statutes 1996, section 253B.02, 
  4.13  subdivision 4, is amended to read: 
  4.14     Subd. 4.  [COMMITTING COURT.] "Committing court" means 
  4.15  court or, the district court where a petition for commitment was 
  4.16  decided.  In a case where commitment proceedings are 
  4.17  commenced in response to following an acquittal of a crime or 
  4.18  offense under section 611.026, "committing court" means 
  4.19  the district court in which the acquittal took place.  
  4.20     Sec. 8.  Minnesota Statutes 1996, section 253B.02, 
  4.21  subdivision 4a, is amended to read: 
  4.22     Subd. 4a.  [CRIME AGAINST THE PERSON.] "Crime against the 
  4.23  person" means a violation of or attempt to violate any of the 
  4.24  following provisions:  sections 609.185 (murder in the first 
  4.25  degree); 609.19 (murder in the second degree); 609.195 (murder 
  4.26  in the third degree); 609.20 (manslaughter in the first degree); 
  4.27  609.205 (manslaughter in the second degree); 609.21 (criminal 
  4.28  vehicular homicide and injury); 609.215 (suicide); 
  4.29  609.221 (assault in the first degree); 609.222 (assault in the 
  4.30  second degree); 609.223 (assault in the third degree); 
  4.31  609.224 (assault in the fifth degree); 609.2242 (domestic 
  4.32  assault); 609.23 (mistreatment of persons confined); 
  4.33  609.231 (mistreatment of residents or patients); 
  4.34  609.2325 (criminal abuse); 609.233 (criminal neglect); 
  4.35  609.2335 (financial exploitation of a vulnerable adult); 
  4.36  609.235 (use of drugs to injure or facilitate crime); 
  5.1   609.24 (simple robbery); 609.245 (aggravated robbery); 
  5.2   609.25 (kidnapping); 609.255 (false imprisonment); 
  5.3   609.265 (abduction); 609.27, subdivision 1, clause (1) or 
  5.4   (2) (coercion); 609.28 (interfering with religious observance) 
  5.5   if violence or threats of violence were used; 609.322, 
  5.6   subdivision 1, clause (2) (solicitation); 609.342 (criminal 
  5.7   sexual conduct in the first degree); 609.343 (criminal sexual 
  5.8   conduct in the second degree); 609.344 (criminal sexual conduct 
  5.9   in the third degree); 609.345 (criminal sexual conduct in the 
  5.10  fourth degree); 609.365 (incest); 609.498, subdivision 
  5.11  1 (tampering with a witness); 609.50, clause (1) (obstructing 
  5.12  legal process, arrest, and firefighting); 609.561 (arson in the 
  5.13  first degree); 609.562 (arson in the second degree); 609.595 
  5.14  (damage to property); and 609.72, subdivision 3 (disorderly 
  5.15  conduct by a caregiver). 
  5.16     Sec. 9.  Minnesota Statutes 1996, section 253B.02, 
  5.17  subdivision 7, is amended to read: 
  5.18     Subd. 7.  [EXAMINER.] "Examiner" means a person who is 
  5.19  knowledgeable, trained, and practicing in the diagnosis and 
  5.20  treatment of the alleged impairment and who is:  
  5.21     (1) a licensed physician; or 
  5.22     (2) a licensed psychologist who has a doctoral degree in 
  5.23  psychology or who became licensed as a licensed consulting 
  5.24  psychologist before July 2, 1975.  
  5.25     Sec. 10.  Minnesota Statutes 1996, section 253B.02, 
  5.26  subdivision 9, is amended to read: 
  5.27     Subd. 9.  [HEALTH OFFICER.] "Health officer" means a 
  5.28  licensed physician, licensed psychologist, psychiatric licensed 
  5.29  social worker, or psychiatric or public health nurse as defined 
  5.30  in section 145A.02, subdivision 18, and formally designated 
  5.31  members of a prepetition screening unit established by section 
  5.32  253B.07. 
  5.33     Sec. 11.  Minnesota Statutes 1996, section 253B.02, is 
  5.34  amended by adding a subdivision to read: 
  5.35     Subd. 12a.  [MENTAL ILLNESS.] "Mental illness" has the 
  5.36  meaning given in section 245.462, subdivision 20. 
  6.1      Sec. 12.  Minnesota Statutes 1996, section 253B.02, 
  6.2   subdivision 13, is amended to read: 
  6.3      Subd. 13.  [MENTALLY ILL PERSON.] (a) "Mentally ill person" 
  6.4   means any person who has an organic disorder of the brain or a 
  6.5   substantial psychiatric disorder of thought, mood, perception, 
  6.6   orientation, or memory which grossly impairs judgment, behavior, 
  6.7   capacity to recognize reality, or to reason or understand, which 
  6.8   (a) is manifested by instances of grossly disturbed behavior or 
  6.9   faulty perceptions; and (b) poses a substantial likelihood of 
  6.10  physical harm to self or others as demonstrated by: 
  6.11     (i) (1) a failure to obtain necessary food, clothing, 
  6.12  shelter, or medical care as a result of the impairment,; or 
  6.13     (ii) (2) a recent attempt or threat to physically harm self 
  6.14  or others. 
  6.15     This impairment excludes (b) A person is not mentally ill 
  6.16  under this section if the impairment is solely due to: 
  6.17     (a) (1) epilepsy,; 
  6.18     (b) (2) mental retardation,; 
  6.19     (c) (3) brief periods of intoxication caused by alcohol or, 
  6.20  drugs, or other mind-altering substances; or 
  6.21     (d) (4) dependence upon or addiction to any alcohol or, 
  6.22  drugs, or other mind-altering substances. 
  6.23     Sec. 13.  Minnesota Statutes 1996, section 253B.02, 
  6.24  subdivision 14, is amended to read: 
  6.25     Subd. 14.  [MENTALLY RETARDED PERSON.] "Mentally retarded 
  6.26  person" means any person:  (a) who has been diagnosed as having 
  6.27  significantly subaverage intellectual functioning existing 
  6.28  concurrently with demonstrated deficits in adaptive behavior and 
  6.29  who manifests these conditions prior to the person's 22nd 
  6.30  birthday; and (b) whose recent conduct is a result of mental 
  6.31  retardation and poses a substantial likelihood of physical harm 
  6.32  to self or others in that there has been (i) a recent attempt or 
  6.33  threat to physically harm self or others, or (ii) a failure and 
  6.34  inability to obtain necessary food, clothing, shelter, safety, 
  6.35  or medical care. 
  6.36     Sec. 14.  Minnesota Statutes 1996, section 253B.02, 
  7.1   subdivision 15, is amended to read: 
  7.2      Subd. 15.  [PATIENT.] "Patient" means any person who is 
  7.3   institutionalized receiving treatment or committed under this 
  7.4   chapter.  
  7.5      Sec. 15.  Minnesota Statutes 1996, section 253B.02, 
  7.6   subdivision 18, is amended to read: 
  7.7      Subd. 18.  [REGIONAL TREATMENT CENTER.] "Regional treatment 
  7.8   center" means any state operated facility for mentally ill, 
  7.9   mentally retarded or chemically dependent persons which is under 
  7.10  the direct administrative authority of the commissioner.  
  7.11     Sec. 16.  Minnesota Statutes 1996, section 253B.02, is 
  7.12  amended by adding a subdivision to read: 
  7.13     Subd. 18a.  [SECURE TREATMENT FACILITY.] "Secure treatment 
  7.14  facility" means the Minnesota security hospital or the Minnesota 
  7.15  sexual psychopathic personality treatment center. 
  7.16     Sec. 17.  Minnesota Statutes 1996, section 253B.02, 
  7.17  subdivision 18a, is amended to read: 
  7.18     Subd. 18a. 18b.  [SEXUAL PSYCHOPATHIC PERSONALITY.] "Sexual 
  7.19  psychopathic personality" means the existence in any person of 
  7.20  such conditions of emotional instability, or impulsiveness of 
  7.21  behavior, or lack of customary standards of good judgment, or 
  7.22  failure to appreciate the consequences of personal acts, or a 
  7.23  combination of any of these conditions, which render the person 
  7.24  irresponsible for personal conduct with respect to sexual 
  7.25  matters, if the person has evidenced, by a habitual course of 
  7.26  misconduct in sexual matters, an utter lack of power to control 
  7.27  the person's sexual impulses and, as a result, is dangerous to 
  7.28  other persons. 
  7.29     Sec. 18.  Minnesota Statutes 1996, section 253B.02, 
  7.30  subdivision 18b, is amended to read: 
  7.31     Subd. 18b. 18c.  [SEXUALLY DANGEROUS PERSON.] (a) A 
  7.32  "sexually dangerous person" means a person who: 
  7.33     (1) has engaged in a course of harmful sexual conduct as 
  7.34  defined in subdivision 7a; 
  7.35     (2) has manifested a sexual, personality, or other mental 
  7.36  disorder or dysfunction; and 
  8.1      (3) as a result, is likely to engage in acts of harmful 
  8.2   sexual conduct as defined in subdivision 7a. 
  8.3      (b) For purposes of this provision, it is not necessary to 
  8.4   prove that the person has an inability to control the person's 
  8.5   sexual impulses. 
  8.6      Sec. 19.  Minnesota Statutes 1996, section 253B.03, 
  8.7   subdivision 1, is amended to read: 
  8.8      Subdivision 1.  [RESTRAINTS.] (a) A patient has the right 
  8.9   to be free from restraints.  Restraints shall not be applied to 
  8.10  a patient unless the head of the treatment facility or a member 
  8.11  of the medical staff determines that they are necessary for the 
  8.12  safety of the patient or others. 
  8.13     (b) Restraints shall not be applied to patients with mental 
  8.14  retardation except as permitted under section 245.825 and rules 
  8.15  of the commissioner of human services.  Consent must be obtained 
  8.16  from the person or person's guardian except for emergency 
  8.17  procedures as permitted under rules of the commissioner adopted 
  8.18  under section 245.825. 
  8.19     (c) Each use of a restraint and reason for it shall be made 
  8.20  part of the clinical record of the patient under the signature 
  8.21  of the head of the treatment facility.  
  8.22     Sec. 20.  Minnesota Statutes 1996, section 253B.03, 
  8.23  subdivision 2, is amended to read: 
  8.24     Subd. 2.  [CORRESPONDENCE.] A patient has the right to 
  8.25  correspond freely without censorship.  The head of the treatment 
  8.26  facility may restrict correspondence on determining that the if 
  8.27  the patient's medical welfare of the patient requires it this 
  8.28  restriction.  For patients in regional facilities treatment 
  8.29  centers, that determination may be reviewed by the 
  8.30  commissioner.  Any limitation imposed on the exercise of a 
  8.31  patient's correspondence rights and the reason for it shall be 
  8.32  made a part of the clinical record of the patient.  Any 
  8.33  communication which is not delivered to a patient shall be 
  8.34  immediately returned to the sender.  
  8.35     Sec. 21.  Minnesota Statutes 1996, section 253B.03, 
  8.36  subdivision 3, is amended to read: 
  9.1      Subd. 3.  [VISITORS AND PHONE CALLS.] Subject to the 
  9.2   general rules of the treatment facility, a patient has the right 
  9.3   to receive visitors and make phone calls.  The head of the 
  9.4   treatment facility may restrict visits and phone calls on 
  9.5   determining that the medical welfare of the patient requires 
  9.6   it.  Any limitation imposed on the exercise of the patient's 
  9.7   visitation and phone call rights and the reason for it shall be 
  9.8   made a part of the clinical record of the patient.  Upon 
  9.9   admission to a facility where federal law prohibits unauthorized 
  9.10  disclosure of patient or resident identifying information to 
  9.11  callers and visitors, the patient or resident, or the legal 
  9.12  guardian or conservator of the patient or resident, shall be 
  9.13  given the opportunity to authorize disclosure of the patient's 
  9.14  or resident's presence in the facility to callers and visitors 
  9.15  who may seek to communicate with the patient or resident.  To 
  9.16  the extent possible, the legal guardian or conservator of a 
  9.17  patient or resident shall consider the opinions of the patient 
  9.18  or resident regarding the disclosure of the patient's or 
  9.19  resident's presence in the facility. 
  9.20     Sec. 22.  Minnesota Statutes 1996, section 253B.03, 
  9.21  subdivision 4, is amended to read: 
  9.22     Subd. 4.  [SPECIAL VISITATION; RELIGION.] A patient has the 
  9.23  right to meet with or call a personal physician, spiritual 
  9.24  advisor, and counsel at all reasonable times.  Upon admission to 
  9.25  a facility where federal law prohibits unauthorized disclosure 
  9.26  of patient or resident identifying information to callers and 
  9.27  visitors, the patient or resident, or the legal guardian or 
  9.28  conservator of the patient or resident, shall be given the 
  9.29  opportunity to authorize disclosure of the patient's or 
  9.30  resident's presence in the facility to callers and visitors who 
  9.31  may seek to communicate with the patient or resident.  To the 
  9.32  extent possible, the legal guardian or conservator of a patient 
  9.33  or resident shall consider the opinions of the patient or 
  9.34  resident regarding the disclosure of the patient's or resident's 
  9.35  presence in the facility.  The patient has the right to continue 
  9.36  the practice of religion. 
 10.1      Sec. 23.  Minnesota Statutes 1996, section 253B.03, is 
 10.2   amended by adding a subdivision to read: 
 10.3      Subd. 4a.  [DISCLOSURE OF PATIENT'S ADMISSION.] Upon 
 10.4   admission to a facility where federal law prohibits unauthorized 
 10.5   disclosure of patient or resident identifying information to 
 10.6   callers and visitors, the patient or resident, or the legal 
 10.7   guardian or conservator of the patient or resident, shall be 
 10.8   given the opportunity to authorize disclosure of the patient's 
 10.9   or resident's presence in the facility to callers and visitors 
 10.10  who may seek to communicate with the patient or resident.  To 
 10.11  the extent possible, the legal guardian or conservator of a 
 10.12  patient or resident shall consider the opinions of the patient 
 10.13  or resident regarding the disclosure of the patient's or 
 10.14  resident's presence in the facility. 
 10.15     Sec. 24.  Minnesota Statutes 1996, section 253B.03, 
 10.16  subdivision 5, is amended to read: 
 10.17     Subd. 5.  [PERIODIC ASSESSMENT.] A patient has the right to 
 10.18  periodic medical assessment.  The head of a treatment facility 
 10.19  shall have assess the physical and mental condition of every 
 10.20  patient assessed as frequently as necessary, but not less often 
 10.21  than annually.  If the patient refuses to be examined, the 
 10.22  facility shall document in the patient's chart its attempts to 
 10.23  examine the patient.  If a person is committed as mentally 
 10.24  retarded for an indeterminate period of time, the three-year 
 10.25  judicial review must include the annual reviews for each year as 
 10.26  outlined in Minnesota Rules, part 9525.0075, subpart 6.  
 10.27     Sec. 25.  Minnesota Statutes 1996, section 253B.03, 
 10.28  subdivision 6, is amended to read: 
 10.29     Subd. 6.  [CONSENT FOR MEDICAL PROCEDURE.] A patient has 
 10.30  the right to prior consent to any medical or surgical treatment, 
 10.31  other than treatment for chemical dependency or nonintrusive 
 10.32  treatment for mental illness.  
 10.33     The following procedures shall be used to obtain consent 
 10.34  for any treatment necessary to preserve the life or health of 
 10.35  any committed patient:  
 10.36     (a) The written, informed consent of a competent adult 
 11.1   patient for the treatment is sufficient.  
 11.2      (b) If the patient is subject to guardianship or 
 11.3   conservatorship which includes the provision of medical care, 
 11.4   the written, informed consent of the guardian or conservator for 
 11.5   the treatment is sufficient.  
 11.6      (c) If the head of the treatment facility determines that 
 11.7   the patient is not competent to consent to the treatment and the 
 11.8   patient has not been adjudicated incompetent, written, informed 
 11.9   consent for the surgery or medical treatment shall be obtained 
 11.10  from the nearest proper relative.  For this purpose, the 
 11.11  following persons are proper relatives, in the order listed:  
 11.12  the patient's spouse, parent, adult child, or adult sibling.  If 
 11.13  the nearest proper relatives cannot be located or, refuse to 
 11.14  consent to the procedure, or are unable to consent, the head of 
 11.15  the treatment facility or an interested person may petition the 
 11.16  committing court for approval for the treatment or may petition 
 11.17  a court of competent jurisdiction for the appointment of a 
 11.18  guardian or conservator.  The determination that the patient is 
 11.19  not competent, and the reasons for the determination, shall be 
 11.20  documented in the patient's clinical record.  
 11.21     (d) Consent to treatment of any minor patient shall be 
 11.22  secured in accordance with sections 144.341 to 144.346, except 
 11.23  that.  A minor 16 years of age or older may give valid consent 
 11.24  for to hospitalization, routine diagnostic evaluation, and 
 11.25  emergency or short-term acute care.  
 11.26     (e) In the case of an emergency when the persons ordinarily 
 11.27  qualified to give consent cannot be located, the head of the 
 11.28  treatment facility may give consent.  
 11.29     No person who consents to treatment pursuant to the 
 11.30  provisions of this subdivision shall be civilly or criminally 
 11.31  liable for the performance or the manner of performing the 
 11.32  treatment.  No person shall be liable for performing treatment 
 11.33  without consent if written, informed consent was given pursuant 
 11.34  to this subdivision.  This provision shall not affect any other 
 11.35  liability which may result from the manner in which the 
 11.36  treatment is performed.  
 12.1      Sec. 26.  Minnesota Statutes 1996, section 253B.03, 
 12.2   subdivision 6b, is amended to read: 
 12.3      Subd. 6b.  [CONSENT FOR MENTAL HEALTH TREATMENT.] A 
 12.4   competent person admitted without commitment voluntarily to a 
 12.5   treatment facility may be subjected to intrusive mental health 
 12.6   treatment only with the person's written informed consent.  For 
 12.7   purposes of this section, "intrusive mental health treatment" 
 12.8   means electroshock therapy and neuroleptic medication and does 
 12.9   not include treatment for mental retardation.  An incompetent 
 12.10  person who has prepared a directive under subdivision 6d 
 12.11  regarding treatment with intrusive therapies must be treated in 
 12.12  accordance with this section, except in cases of emergencies. 
 12.13     Sec. 27.  Minnesota Statutes 1996, section 253B.03, 
 12.14  subdivision 7, is amended to read: 
 12.15     Subd. 7.  [PROGRAM PLAN.] A person receiving services under 
 12.16  this chapter has the right to receive proper care and treatment, 
 12.17  best adapted, according to contemporary professional standards, 
 12.18  to rendering further custody, institutionalization , or other 
 12.19  services court supervision unnecessary.  The treatment facility 
 12.20  shall devise a written program plan for each person which 
 12.21  describes in behavioral terms the case problems, the precise 
 12.22  goals, including the expected period of time for treatment, and 
 12.23  the specific measures to be employed.  Each plan shall be 
 12.24  reviewed at least quarterly to determine progress toward the 
 12.25  goals, and to modify the program plan as necessary.  The program 
 12.26  plan shall be devised and reviewed with the designated agency 
 12.27  and with the patient.  The clinical record shall reflect the 
 12.28  program plan review.  If the designated agency or the patient 
 12.29  does not participate in the planning and review, the clinical 
 12.30  record shall include reasons for nonparticipation and the plans 
 12.31  for future involvement.  The commissioner shall monitor the 
 12.32  program plan and review process for regional centers to insure 
 12.33  compliance with the provisions of this subdivision.  
 12.34     Sec. 28.  Minnesota Statutes 1996, section 253B.03, 
 12.35  subdivision 8, is amended to read: 
 12.36     Subd. 8.  [MEDICAL RECORDS.] A patient has the right to 
 13.1   access to personal medical records.  Notwithstanding the 
 13.2   provisions of section 144.335, subdivision 2, every person 
 13.3   subject to a proceeding or receiving services pursuant to this 
 13.4   chapter and the patient's attorney shall have complete access to 
 13.5   all medical records relevant to the person's commitment.  A 
 13.6   provider may require an attorney to provide evidence of 
 13.7   representation of the patient.  
 13.8      Sec. 29.  Minnesota Statutes 1996, section 253B.04, is 
 13.9   amended to read: 
 13.10     253B.04 [INFORMAL VOLUNTARY TREATMENT AND ADMISSION 
 13.11  PROCEDURES.] 
 13.12     Subdivision 1.  [VOLUNTARY ADMISSION AND 
 13.13  TREATMENT.] Informal Voluntary admission by consent is preferred 
 13.14  over involuntary commitment and treatment.  Any person 16 years 
 13.15  of age or older may request to be admitted to a treatment 
 13.16  facility as an informal a voluntary patient for observation, 
 13.17  evaluation, diagnosis, care and treatment without making formal 
 13.18  written application.  Any person under the age of 16 years may 
 13.19  be admitted as an informal a voluntary patient with the consent 
 13.20  of a parent or legal guardian if it is determined by independent 
 13.21  examination that there is reasonable evidence that (a) the 
 13.22  proposed patient is mentally ill, mentally retarded, or 
 13.23  chemically dependent; and (b) the proposed patient is suitable 
 13.24  for treatment.  The head of the treatment facility shall not 
 13.25  arbitrarily refuse any person seeking admission as an informal a 
 13.26  voluntary patient.  
 13.27     Subd. 1a.  [VOLUNTARY TREATMENT OR ADMISSION FOR PERSONS 
 13.28  WITH MENTAL ILLNESS.] (a) A person with a mental illness may 
 13.29  seek or voluntarily agree to accept treatment or admission to a 
 13.30  facility.  If the mental health provider determines that the 
 13.31  person lacks the capacity to give informed consent for the 
 13.32  treatment or admission, and in the absence of a durable power of 
 13.33  attorney for health care that authorizes consent, the designated 
 13.34  agency or its designee may give informed consent for mental 
 13.35  health treatment or admission to a treatment facility on behalf 
 13.36  of the person. 
 14.1      (b) The designated agency shall apply the following 
 14.2   criteria in determining the person's ability to give informed 
 14.3   consent: 
 14.4      (1) whether the person demonstrates an awareness of the 
 14.5   person's illness, and the reasons for treatment, its risks, 
 14.6   benefits and alternatives, and the possible consequences of 
 14.7   refusing treatment; and 
 14.8      (2) whether the person communicates verbally or nonverbally 
 14.9   a clear choice concerning treatment that is a reasoned one, not 
 14.10  based on delusion, even though it may not be in the person's 
 14.11  best interests. 
 14.12     (c) The basis for the designated agency's decision that the 
 14.13  person lacks the capacity to give informed consent for treatment 
 14.14  or admission, and that the patient has voluntarily accepted 
 14.15  treatment or admission, must be documented in writing. 
 14.16     (d) A mental health provider that provides treatment in 
 14.17  reliance on the written consent given by the designated agency 
 14.18  under this subdivision is not civilly or criminally liable for 
 14.19  performing treatment without consent.  This paragraph does not 
 14.20  affect any other liability that may result from the manner in 
 14.21  which the treatment is performed. 
 14.22     (e) A person who receives treatment or is admitted to a 
 14.23  facility under this subdivision has the right to refuse 
 14.24  treatment at any time or to be released from a facility as 
 14.25  provided under subdivision 2.  The person or any interested 
 14.26  person acting on the person's behalf may seek court review 
 14.27  within five days for a determination of whether the person's 
 14.28  agreement to accept treatment or admission is voluntary.  At the 
 14.29  time a person agrees to treatment or admission to a facility 
 14.30  under this subdivision, the designated agency or its designee 
 14.31  shall inform the person in writing of the person's rights under 
 14.32  this paragraph. 
 14.33     (f) This subdivision does not authorize the administration 
 14.34  of neuroleptic medications.  Neuroleptic medications may be 
 14.35  administered only as provided in section 253B.092. 
 14.36     Subd. 2.  [RELEASE.] Every patient admitted for mental 
 15.1   illness or mental retardation under this section shall be 
 15.2   informed in writing at the time of admission that the patient 
 15.3   has a right to leave the facility within 12 hours of making a 
 15.4   request, unless held under another provision of this chapter.  
 15.5   Every patient admitted for chemical dependency under this 
 15.6   section shall be informed in writing at the time of admission 
 15.7   that the patient has a right to leave the facility within 72 
 15.8   hours, exclusive of Saturdays, Sundays and holidays, of making a 
 15.9   request, unless held under another provision of this chapter.  
 15.10  The request shall be submitted in writing to the head of the 
 15.11  treatment facility or the person's designee.  On deeming it to 
 15.12  be in the best interest of the person, the person's family, or 
 15.13  the public, the head of the treatment facility shall petition 
 15.14  for the commitment of the person pursuant to section 253B.07. 
 15.15     Sec. 30.  Minnesota Statutes 1996, section 253B.05, 
 15.16  subdivision 1, is amended to read: 
 15.17     Subdivision 1.  [EMERGENCY HOLD.] (a) Any person may be 
 15.18  admitted or held for emergency care and treatment in a treatment 
 15.19  facility with the consent of the head of the treatment facility 
 15.20  upon a written statement by an examiner that:  (1) the examiner 
 15.21  has examined the person not more than 15 days prior to 
 15.22  admission, (2) the examiner is of the opinion, for stated 
 15.23  reasons, that the person is mentally ill, mentally retarded or 
 15.24  chemically dependent, and is in imminent danger of causing 
 15.25  injury to self or others if not immediately restrained, and (3)  
 15.26  an order of the court cannot be obtained in time to prevent the 
 15.27  anticipated injury.  
 15.28     (b) The examiner's statement shall be:  (1) sufficient 
 15.29  authority for a peace or health officer to transport a patient 
 15.30  to a treatment facility, (2) stated in behavioral terms and not 
 15.31  in conclusory language, and (3) of sufficient specificity to 
 15.32  provide an adequate record for review.  If imminent danger to 
 15.33  specific individuals is a basis for the emergency hold, the 
 15.34  statement must include identifying information on identify those 
 15.35  individuals, to the extent practicable.  A copy of 
 15.36  the examiner's statement shall be personally served on the 
 16.1   person immediately upon admission.  A copy of the statement and 
 16.2   a copy shall be maintained by the treatment facility.  
 16.3      Sec. 31.  Minnesota Statutes 1996, section 253B.05, 
 16.4   subdivision 2, is amended to read: 
 16.5      Subd. 2.  [PEACE OR HEALTH OFFICER HOLD AUTHORITY.] (a) A 
 16.6   peace or health officer may take a person into custody and 
 16.7   transport the person to a licensed physician or treatment 
 16.8   facility if the officer has reason to believe, either through 
 16.9   direct observation of the person's behavior, or upon reliable 
 16.10  information of the person's recent behavior and knowledge of the 
 16.11  person's past behavior or psychiatric treatment, that the person 
 16.12  is mentally ill or mentally retarded and in imminent danger of 
 16.13  injuring self or others if not immediately restrained.  A peace 
 16.14  or health officer or a person working under such officer's 
 16.15  supervision, may take a person who is believed to be chemically 
 16.16  dependent or is intoxicated in public into custody and transport 
 16.17  the person to a treatment facility.  If the person is 
 16.18  intoxicated in public or is believed to be chemically dependent 
 16.19  and is not in danger of causing self-harm or harm to any person 
 16.20  or property, the peace or health officer may transport the 
 16.21  person home.  The peace or health officer shall make written 
 16.22  application for admission of the person to a the treatment 
 16.23  facility shall be made by the peace or health officer.  The 
 16.24  application shall contain a the peace or health officer's 
 16.25  statement given by the peace or health officer specifying the 
 16.26  reasons for and circumstances under which the person was taken 
 16.27  into custody.  If imminent danger to specific individuals is a 
 16.28  basis for the emergency hold, the statement must include 
 16.29  identifying information on those individuals, to the extent 
 16.30  practicable.  A copy of the statement shall be made available to 
 16.31  the person taken into custody.  
 16.32     (b) As far as is practicable, a peace officer who provides 
 16.33  transportation for a person placed in a facility under this 
 16.34  subdivision may not be in uniform and may not use a vehicle 
 16.35  visibly marked as a law enforcement vehicle.  
 16.36     (c) A person may be admitted to a treatment facility for 
 17.1   emergency care and treatment under this subdivision with the 
 17.2   consent of the head of the facility under the following 
 17.3   circumstances:  (1) a written statement is made by the medical 
 17.4   officer on duty at the facility that after preliminary 
 17.5   examination the person has symptoms of mental illness or mental 
 17.6   retardation and appears to be in imminent danger of harming self 
 17.7   or others; or, (2) a written statement is made by the 
 17.8   institution program director or the director's designee on duty 
 17.9   at the facility that after preliminary examination that the 
 17.10  person has symptoms of chemical dependency and appears to be in 
 17.11  imminent danger of harming self or others or is intoxicated in 
 17.12  public. 
 17.13     Sec. 32.  Minnesota Statutes 1996, section 253B.05, is 
 17.14  amended by adding a subdivision to read: 
 17.15     Subd. 2b.  [NOTICE.] Every person held pursuant to this 
 17.16  section must be informed in writing at the time of admission of 
 17.17  the right to leave after 72 hours, to a medical examination 
 17.18  within 48 hours, and to request a change to voluntary status.  
 17.19  The treatment facility shall, upon request, assist the person in 
 17.20  exercising the rights granted in this subdivision.  
 17.21     Sec. 33.  Minnesota Statutes 1996, section 253B.05, 
 17.22  subdivision 3, is amended to read: 
 17.23     Subd. 3.  [DURATION OF HOLD.] (a) Any person held pursuant 
 17.24  to this section may be held under a physician's order up to 72 
 17.25  hours, exclusive of Saturdays, Sundays, and legal holidays, 
 17.26  after admission unless.  If a petition for the commitment of the 
 17.27  person has been is filed in the district court of in the 
 17.28  county of the person's residence or of the county in which the 
 17.29  treatment facility is located and, the court issues an may issue 
 17.30  a judicial hold order pursuant to section 253B.07, subdivision 6.
 17.31  If the head of the treatment facility believes that commitment 
 17.32  is required and no petition has been filed, the head of the 
 17.33  treatment facility shall file a petition for the commitment of 
 17.34  the person.  The hospitalized person may move to have the venue 
 17.35  of the petition changed to the court of the county of the 
 17.36  person's residence, if the person is a resident of Minnesota. 
 18.1      (b) During the 72-hour hold period, a court may not release 
 18.2   a person held under this section unless the court has received a 
 18.3   written petition for release and held a summary hearing 
 18.4   regarding the release.  The petition must include the name of 
 18.5   the person being held, the basis for and location of the hold, 
 18.6   and a statement as to why the hold is improper.  The petition 
 18.7   also must include copies of any written documentation under 
 18.8   subdivision 1 or 2 in support of the hold, unless the person 
 18.9   holding the petitioner refuses to supply the documentation.  The 
 18.10  hearing must be held as soon as practicable and may be conducted 
 18.11  by means of a telephone conference call or similar method by 
 18.12  which the participants are able to simultaneously hear each 
 18.13  other.  If the court decides to release the person, the court 
 18.14  shall direct the release and shall issue written findings 
 18.15  supporting the decision, but may not delay.  The release may not 
 18.16  be delayed pending the written order.  Before deciding to 
 18.17  release releasing the person, the court shall make every 
 18.18  reasonable effort to provide notice of the proposed release to:  
 18.19  (1) any specific individuals identified in a statement under 
 18.20  subdivision 1 or 2 or individuals identified in the record as 
 18.21  individuals who might be endangered if the person was not 
 18.22  held; and (2) the examiner whose written statement was a basis 
 18.23  for a hold under subdivision 1 or; and (3) the peace or health 
 18.24  officer who applied for a hold under subdivision 2. 
 18.25     (c) If a treatment facility releases a person during the 
 18.26  72-hour hold period, the head of the treatment facility shall 
 18.27  immediately notify the agency which employs the peace or health 
 18.28  officer who transported the person to the treatment facility 
 18.29  under this section. 
 18.30     Sec. 34.  Minnesota Statutes 1996, section 253B.05, 
 18.31  subdivision 4, is amended to read: 
 18.32     Subd. 4.  [CHANGE OF STATUS.] Any person admitted pursuant 
 18.33  to this section shall be changed to the informal voluntary 
 18.34  status provided by section 253B.04 upon the person's request in 
 18.35  writing and with the consent of the head of the treatment 
 18.36  facility.  
 19.1      Sec. 35.  Minnesota Statutes 1996, section 253B.06, is 
 19.2   amended to read: 
 19.3      253B.06 [MEDICAL EXAMINATION INITIAL ASSESSMENT.] 
 19.4      Subdivision 1.  [MENTALLY ILL AND MENTALLY RETARDED 
 19.5   PERSONS.] The head of a treatment facility shall arrange to have 
 19.6   Every patient hospitalized as mentally ill or mentally retarded 
 19.7   pursuant to section 253B.04 or 253B.05 must be examined by a 
 19.8   physician as soon as possible but no more than 48 hours 
 19.9   following the time of admission.  The physician shall be 
 19.10  knowledgeable and trained in the diagnosis of the alleged 
 19.11  disability related to the need for admission as a mentally ill 
 19.12  or mentally retarded person.  
 19.13     Subd. 2.  [CHEMICALLY DEPENDENT PERSONS.] Patients 
 19.14  hospitalized as chemically dependent pursuant to section 253B.04 
 19.15  or 253B.05 shall also be examined within 48 hours of admission.  
 19.16  At a minimum, the examination shall consist of a physical 
 19.17  evaluation by facility staff according to procedures established 
 19.18  by a physician and an evaluation by staff knowledgeable and 
 19.19  trained in the diagnosis of the alleged disability related to 
 19.20  the need for admission as a chemically dependent person.  
 19.21     Subd. 2a.  [PATIENT REFUSAL.] If a patient refuses to be 
 19.22  examined, the determination of the patient's need for treatment 
 19.23  may be based on other available information and documented in 
 19.24  the patient's medical record. 
 19.25     Subd. 3.  [DISCHARGE.] At the end of a 48-hour period, any 
 19.26  patient admitted pursuant to section 253B.05 shall be discharged 
 19.27  if an examination has not been held or if the examiner or 
 19.28  evaluation staff person fails to notify the head of the 
 19.29  treatment facility in writing that in the examiner's or staff 
 19.30  person's opinion the patient is apparently in need of care, 
 19.31  treatment, and evaluation as a mentally ill, mentally retarded, 
 19.32  or chemically dependent person. 
 19.33     Sec. 36.  [253B.064] [COURT-ORDERED EARLY INTERVENTION; 
 19.34  PRELIMINARY PROCEDURES.] 
 19.35     Subdivision 1.  [GENERAL.] (a) An interested person may 
 19.36  apply to the designated agency for early intervention of a 
 20.1   proposed patient in the county of the patient's residence or 
 20.2   presence.  If the designated agency determines that early 
 20.3   intervention may be appropriate, a prepetition screening report 
 20.4   must be prepared pursuant to section 253B.07, subdivision 1.  
 20.5   The county attorney may file a petition for early intervention 
 20.6   following the procedures of section 253B.07, subdivision 2. 
 20.7      (b) The proposed patient is entitled to representation by 
 20.8   counsel, pursuant to section 253B.03, subdivision 9.  The 
 20.9   proposed patient shall be examined by an examiner, and has the 
 20.10  right to a second independent examiner, pursuant to section 
 20.11  253B.07, subdivisions 3 and 5. 
 20.12     Subd. 2.  [PREHEARING EXAMINATION; FAILURE TO APPEAR.] If a 
 20.13  proposed patient fails to appear for the examination, the court 
 20.14  may: 
 20.15     (1) reschedule the examination; or 
 20.16     (2) deem the failure to appear as a waiver of the proposed 
 20.17  patient's right to an examination and consider the failure to 
 20.18  appear when deciding the merits of the petition for early 
 20.19  intervention. 
 20.20     Subd. 3.  [COUNTY OPTION.] Nothing in sections 253B.064 to 
 20.21  253B.066 requires a county to use early intervention procedures. 
 20.22     Sec. 37.  [253B.065] [COURT-ORDERED EARLY INTERVENTION; 
 20.23  HEARING PROCEDURES.] 
 20.24     Subdivision 1.  [TIME FOR EARLY INTERVENTION HEARING.] The 
 20.25  hearing on the petition for early intervention shall be held 
 20.26  within 14 days from the date of the filing of the petition.  For 
 20.27  good cause shown, the court may extend the time of hearing up to 
 20.28  an additional 30 days.  When any proposed patient has not had a 
 20.29  hearing on a petition filed for early intervention within the 
 20.30  allowed time, the proceedings shall be dismissed.  
 20.31     Subd. 2.  [NOTICE OF HEARING.] The proposed patient, the 
 20.32  patient's counsel, the petitioner, the county attorney, and any 
 20.33  other persons as the court directs shall be given at least five 
 20.34  days' notice that a hearing will be held and at least two days' 
 20.35  notice of the time and date of the hearing, except that any 
 20.36  person may waive notice.  Notice to the proposed patient may be 
 21.1   waived by patient's counsel. 
 21.2      Subd. 3.  [FAILURE TO APPEAR.] If a proposed patient fails 
 21.3   to appear at the hearing, the court may reschedule the hearing 
 21.4   within five days and direct a health officer, peace officer, or 
 21.5   other person to take the proposed patient to an appropriate 
 21.6   treatment facility designated by the court and transport the 
 21.7   person to the hearing. 
 21.8      Subd. 4.  [PROCEDURES.] The hearing must be conducted 
 21.9   pursuant to section 253B.08, subdivisions 3 to 8. 
 21.10     Subd. 5.  [EARLY INTERVENTION CRITERIA.] (a) A court shall 
 21.11  order early intervention treatment of a proposed patient who 
 21.12  meets the criteria under paragraph (b).  The early intervention 
 21.13  treatment must be less intrusive than long-term inpatient 
 21.14  commitment and must be the least restrictive treatment program 
 21.15  available that can meet the patient's treatment needs. 
 21.16     (b) The court shall order early intervention treatment if 
 21.17  the court finds all of the elements of the following factors by 
 21.18  clear and convincing evidence: 
 21.19     (1) the proposed patient is mentally ill; 
 21.20     (2) the proposed patient refuses to accept appropriate 
 21.21  mental health treatment; and 
 21.22     (3) the proposed patient's mental illness is manifested by 
 21.23  instances of grossly disturbed behavior or faulty perceptions 
 21.24  and either: 
 21.25     (i) the grossly disturbed behavior or faulty perceptions 
 21.26  significantly interfere with the proposed patient's ability to 
 21.27  care for self and the proposed patient, when competent, would 
 21.28  have chosen substantially similar treatment under the same 
 21.29  circumstances; or 
 21.30     (ii) due to the mental illness, the proposed patient 
 21.31  received court-ordered inpatient treatment under section 253B.09 
 21.32  at least two times in the previous three years; the patient is 
 21.33  exhibiting symptoms or behavior substantially similar to those 
 21.34  that precipitated one or more of the court-ordered treatments; 
 21.35  and the patient is reasonably expected to physically or mentally 
 21.36  deteriorate to the point of meeting the criteria for commitment 
 22.1   under section 253B.09 unless treated. 
 22.2      Sec. 38.  [253B.066] [COURT-ORDERED EARLY INTERVENTION; 
 22.3   DECISION; TREATMENT ALTERNATIVES; DURATION.] 
 22.4      Subdivision 1.  [TREATMENT ALTERNATIVES.] If the court 
 22.5   orders early intervention under section 253B.065, subdivision 5, 
 22.6   the court may include in its order a variety of treatment 
 22.7   alternatives including, but not limited to, day treatment, 
 22.8   medication compliance monitoring, and short-term hospitalization 
 22.9   not to exceed ten days. 
 22.10     If the court orders short-term hospitalization and the 
 22.11  proposed patient will not go voluntarily, the court may direct a 
 22.12  health officer, peace officer, or other person to take the 
 22.13  person into custody and transport the person to the hospital. 
 22.14     Subd. 2.  [FINDINGS.] The court shall find the facts 
 22.15  specifically and separately state its conclusions of law in its 
 22.16  order.  Where early intervention is ordered, the findings of 
 22.17  fact and conclusions of law shall specifically state the 
 22.18  proposed patient's conduct which is a basis for determining that 
 22.19  each of the requisites for early intervention is met.  
 22.20     The court shall also determine the nature and extent of the 
 22.21  property of the patient and of the persons who are liable for 
 22.22  the patient's care.  
 22.23     Subd. 3.  [DURATION.] The order for early intervention 
 22.24  shall not exceed 90 days. 
 22.25     Sec. 39.  Minnesota Statutes 1996, section 253B.07, 
 22.26  subdivision 1, is amended to read: 
 22.27     Subdivision 1.  [PREPETITION SCREENING.] (a) Prior to 
 22.28  filing a petition for commitment of or early intervention for a 
 22.29  proposed patient, an interested person shall apply to the 
 22.30  designated agency in the county of the proposed patient's 
 22.31  residence or presence for conduct of a preliminary 
 22.32  investigation, except when the proposed patient has been 
 22.33  acquitted of a crime under section 611.026 and the county 
 22.34  attorney is required to file a petition for commitment pursuant 
 22.35  to subdivision 2.  In any case coming within this exception, the 
 22.36  county attorney shall apply to the designated county agency in 
 23.1   the county in which the acquittal took place for a preliminary 
 23.2   investigation unless substantially the same information relevant 
 23.3   to the proposed patient's current mental condition as could be 
 23.4   obtained by a preliminary investigation is part of the court 
 23.5   record in the criminal proceeding or is contained in the report 
 23.6   of a mental examination conducted in connection with the 
 23.7   criminal proceeding.  The designated agency shall appoint a 
 23.8   screening team to conduct an investigation which shall include:  
 23.9      (i) a personal interview with the proposed patient and 
 23.10  other individuals who appear to have knowledge of the condition 
 23.11  of the proposed patient.  If the proposed patient is not 
 23.12  interviewed, reasons must be documented; 
 23.13     (ii) identification and investigation of specific alleged 
 23.14  conduct which is the basis for application; and 
 23.15     (iii) identification, exploration, and listing of the 
 23.16  reasons for rejecting or recommending alternatives to 
 23.17  involuntary placement; and 
 23.18     (iv) in the case of a commitment based on mental illness, 
 23.19  the following information, if it is known or available:  
 23.20  information that may be relevant to the administration of 
 23.21  neuroleptic medications, if necessary, including the existence 
 23.22  of a declaration under section 253B.03, subdivision 6d, or a 
 23.23  durable power of attorney for health care under chapter 145C or 
 23.24  a guardian, conservator, proxy, or attorney-in-fact with 
 23.25  authority to make health care decisions for the proposed 
 23.26  patient; information regarding the capacity of the proposed 
 23.27  patient to make decisions regarding administration of 
 23.28  neuroleptic medication; and whether the proposed patient is 
 23.29  likely to consent or refuse consent to administration of the 
 23.30  medication.  
 23.31     (b) In conducting the investigation required by this 
 23.32  subdivision, the screening team shall have access to all 
 23.33  relevant medical records of proposed patients currently in 
 23.34  treatment facilities.  Data collected pursuant to this clause 
 23.35  shall be considered private data on individuals.  The 
 23.36  prepetition screening report is not admissible in any court 
 24.1   proceedings unrelated to the commitment proceedings. 
 24.2      (c) When the prepetition screening team recommends 
 24.3   commitment, a written report shall be sent to the county 
 24.4   attorney for the county in which the petition is to be filed. 
 24.5      (d) The prepetition screening team shall refuse to support 
 24.6   a petition if the investigation does not disclose evidence 
 24.7   sufficient to support commitment.  Notice of the prepetition 
 24.8   screening team's decision shall be provided to the prospective 
 24.9   petitioner.  
 24.10     (e) If the interested person wishes to proceed with a 
 24.11  petition contrary to the recommendation of the prepetition 
 24.12  screening team, application may be made directly to the county 
 24.13  attorney, who may determine whether or not to proceed with the 
 24.14  petition.  Notice of the county attorney's determination shall 
 24.15  be provided to the interested party.  
 24.16     (f) If the proposed patient has been acquitted of a crime 
 24.17  under section 611.026, the county attorney shall apply to the 
 24.18  designated county agency in the county in which the acquittal 
 24.19  took place for a preliminary investigation unless substantially 
 24.20  the same information relevant to the proposed patient's current 
 24.21  mental condition, as could be obtained by a preliminary 
 24.22  investigation, is part of the court record in the criminal 
 24.23  proceeding or is contained in the report of a mental examination 
 24.24  conducted in connection with the criminal proceeding.  If a 
 24.25  court petitions for commitment pursuant to the rules of criminal 
 24.26  or juvenile procedure or a county attorney petitions pursuant to 
 24.27  acquittal of a criminal charge under section 611.026, the 
 24.28  prepetition investigation, if required by this section, shall be 
 24.29  completed within seven days after the filing of the petition.  
 24.30     Sec. 40.  Minnesota Statutes 1996, section 253B.07, 
 24.31  subdivision 2, is amended to read: 
 24.32     Subd. 2.  [THE PETITION.] (a) Any interested person, except 
 24.33  a member of the prepetition screening team, may file a petition 
 24.34  for commitment in the district court of the county of the 
 24.35  proposed patient's residence or presence.  Following an 
 24.36  acquittal of a person of a criminal charge under section 
 25.1   611.026, the petition shall be filed by the county attorney of 
 25.2   the county in which the acquittal took place and the petition 
 25.3   shall be filed with the court in which the acquittal took place, 
 25.4   and that court shall be the committing court for purposes of 
 25.5   this chapter.  If the head of the treatment facility believes 
 25.6   that commitment is required and no petition has been filed, the 
 25.7   head of the treatment facility shall petition for the commitment 
 25.8   of the person. 
 25.9      (b) The petition shall set forth the name and address of 
 25.10  the proposed patient, the name and address of the patient's 
 25.11  nearest relatives, and the reasons for the petition.  The 
 25.12  petition must contain factual descriptions of the proposed 
 25.13  patient's recent behavior, including a description of the 
 25.14  behavior, where it occurred, and over what the time period of 
 25.15  time over which it occurred.  Each factual allegation must be 
 25.16  supported by observations of witnesses named in the petition.  
 25.17  Petitions shall be stated in behavioral terms and shall not 
 25.18  contain judgmental or conclusory statements.  
 25.19     (c) The petition shall be accompanied by a written 
 25.20  statement by an examiner stating that the examiner has examined 
 25.21  the proposed patient within the 15 days preceding the filing of 
 25.22  the petition and is of the opinion that the proposed patient is 
 25.23  suffering a designated disability and should be committed to a 
 25.24  treatment facility.  The statement shall include the reasons for 
 25.25  the opinion.  In the case of a commitment based on mental 
 25.26  illness, the petition and the examiner's statement may include, 
 25.27  to the extent this information is available, a statement and 
 25.28  opinion regarding the proposed patient's need for treatment with 
 25.29  neuroleptic medication and the patient's capacity to make 
 25.30  decisions regarding the administration of neuroleptic 
 25.31  medications, and the reasons for the opinion.  If a petitioner 
 25.32  has been unable to secure a statement from an examiner, the 
 25.33  petition shall include documentation that a reasonable effort 
 25.34  has been made to secure the supporting statement.  
 25.35     Sec. 41.  Minnesota Statutes 1996, section 253B.07, 
 25.36  subdivision 2a, is amended to read: 
 26.1      Subd. 2a.  [PETITION FOLLOWING ACQUITTAL; REFERRAL.] 
 26.2   Following an acquittal of a person of a criminal charge under 
 26.3   section 611.026, the petition shall be filed by the county 
 26.4   attorney of the county in which the acquittal took place and the 
 26.5   petition shall be filed with the court in which the acquittal 
 26.6   took place, and that court shall be the committing court for 
 26.7   purposes of this chapter.  When a petition is filed pursuant to 
 26.8   subdivision 2 with the court in which acquittal of a criminal 
 26.9   charge took place, the court shall assign the judge before whom 
 26.10  the acquittal took place to hear the commitment proceedings 
 26.11  unless that judge is unavailable.  
 26.12     Sec. 42.  Minnesota Statutes 1996, section 253B.07, is 
 26.13  amended by adding a subdivision to read: 
 26.14     Subd. 2b.  [APPREHEND AND HOLD ORDERS.] The court may order 
 26.15  the treatment facility to hold the person in a treatment 
 26.16  facility or direct a health officer, peace officer, or other 
 26.17  person to take the proposed patient into custody and transport 
 26.18  the proposed patient to a treatment facility for observation, 
 26.19  evaluation, diagnosis, care, treatment, and, if necessary, 
 26.20  confinement, when:  (1) there has been a particularized showing 
 26.21  by the petitioner that serious imminent physical harm to the 
 26.22  proposed patient or others is likely unless the proposed patient 
 26.23  is apprehended; (2) the proposed patient has not voluntarily 
 26.24  appeared for the examination or the commitment hearing pursuant 
 26.25  to the summons; or (3) a person is held pursuant to section 
 26.26  253B.05 and a request for a petition for commitment has been 
 26.27  filed.  The order of the court may be executed on any day and at 
 26.28  any time by the use of all necessary means including the 
 26.29  imposition of necessary restraint upon the proposed patient.  
 26.30  Where possible, a peace officer taking the proposed patient into 
 26.31  custody pursuant to this subdivision shall not be in uniform and 
 26.32  shall not use a motor vehicle visibly marked as a police vehicle.
 26.33     Sec. 43.  Minnesota Statutes 1996, section 253B.07, is 
 26.34  amended by adding a subdivision to read: 
 26.35     Subd. 2c.  [RIGHT TO COUNSEL.] A patient has the right to 
 26.36  be represented by counsel at any proceeding under this chapter.  
 27.1   The court shall appoint a qualified attorney to represent the 
 27.2   proposed patient if neither the proposed patient nor others 
 27.3   provide counsel.  The attorney shall be appointed at the time a 
 27.4   petition for commitment is filed.  In all proceedings under this 
 27.5   chapter, the attorney shall: 
 27.6      (1) consult with the person prior to any hearing; 
 27.7      (2) be given adequate time and access to records to prepare 
 27.8   for all hearings; 
 27.9      (3) continue to represent the person throughout any 
 27.10  proceedings under this chapter unless released as counsel by the 
 27.11  court; and 
 27.12     (4) be a vigorous advocate on behalf of the person.  
 27.13     Sec. 44.  Minnesota Statutes 1996, section 253B.07, is 
 27.14  amended by adding a subdivision to read: 
 27.15     Subd. 2d.  [CHANGE OF VENUE.] Either party may move to have 
 27.16  the venue of the petition changed to the district court of the 
 27.17  county of the person's residence, if the person is a resident of 
 27.18  Minnesota.  If the petition has been filed pursuant to the rules 
 27.19  of criminal or juvenile procedure, venue may not be changed 
 27.20  without the approval of the court in which the juvenile or 
 27.21  criminal proceedings are pending. 
 27.22     Sec. 45.  Minnesota Statutes 1996, section 253B.07, 
 27.23  subdivision 3, is amended to read: 
 27.24     Subd. 3.  [EXAMINERS.] After a petition has been filed, the 
 27.25  court in which the petition was filed shall appoint an 
 27.26  examiner.  Prior to the hearing, the court shall inform the 
 27.27  proposed patient of the right to an independent second 
 27.28  examination.  At the proposed patient's request, the court shall 
 27.29  appoint a second examiner of the patient's choosing to be paid 
 27.30  for by the county at a rate of compensation fixed by the court.  
 27.31     Sec. 46.  Minnesota Statutes 1996, section 253B.07, 
 27.32  subdivision 4, is amended to read: 
 27.33     Subd. 4.  [PREHEARING EXAMINATION; NOTICE AND SUMMONS 
 27.34  PROCEDURE.] (a) A summons to appear for a prehearing examination 
 27.35  and the commitment hearing shall be served upon the proposed 
 27.36  patient.  A plain language notice of the proceedings and notice 
 28.1   of the filing of the petition, a copy of the petition, a copy of 
 28.2   the examiner's supporting statement, and the order for 
 28.3   examination and a copy of the prepetition screening report shall 
 28.4   be given to the proposed patient, patient's counsel, the 
 28.5   petitioner, any interested person, and any other persons as the 
 28.6   court directs.  
 28.7      (b) The prepetition screening report, the petition, and the 
 28.8   examiner's supporting statement shall be distributed to the 
 28.9   petitioner, the proposed patient, the patient's counsel, the 
 28.10  county attorney, any person authorized by the patient, and any 
 28.11  other person as the court directs. 
 28.12     (c) All papers shall be served personally on the proposed 
 28.13  patient.  Unless otherwise ordered by the court, the notice 
 28.14  shall be served on the proposed patient by a nonuniformed person.
 28.15     Sec. 47.  Minnesota Statutes 1996, section 253B.07, 
 28.16  subdivision 5, is amended to read: 
 28.17     Subd. 5.  [PREHEARING EXAMINATION; REPORT.] The examination 
 28.18  shall be held at a treatment facility or other suitable place 
 28.19  the court determines is not likely to have a harmful effect on 
 28.20  harm the health of the proposed patient.  The county attorney 
 28.21  and the patient's attorney may be present during the examination.
 28.22  Either party may waive this right.  Unless otherwise agreed by 
 28.23  the counsel for the proposed patient parties, a court appointed 
 28.24  examiner shall file three copies of the report with the court 
 28.25  not less than 48 hours prior to the commitment hearing.  Copies 
 28.26  of the examiner's report shall be sent to the county attorney, 
 28.27  the proposed patient, and the patient's counsel.  
 28.28     Sec. 48.  Minnesota Statutes 1996, section 253B.07, 
 28.29  subdivision 7, is amended to read: 
 28.30     Subd. 7.  [PRELIMINARY HEARING.] (a) No proposed patient 
 28.31  may be held in a treatment facility under a judicial hold 
 28.32  pursuant to subdivision 6 for longer than 72 hours, exclusive of 
 28.33  Saturdays, Sundays, and legal holidays, unless the court holds a 
 28.34  preliminary hearing and determines that probable cause exists to 
 28.35  continue the standard is met to hold the person.  
 28.36     (b) The proposed patient, patient's counsel, the 
 29.1   petitioner, the county attorney, and any other persons as the 
 29.2   court directs shall be given at least 24 hours written notice of 
 29.3   the preliminary hearing.  The notice shall include the alleged 
 29.4   grounds for confinement.  The proposed patient shall be 
 29.5   represented at the preliminary hearing by counsel.  If The court 
 29.6   finds it to be reliable, it may admit reliable hearsay evidence, 
 29.7   including written reports, for the purpose of the preliminary 
 29.8   hearing.  
 29.9      (c) The court, on its motion or on the motion of any party, 
 29.10  may exclude or excuse a respondent proposed patient who is 
 29.11  seriously disruptive or who is totally incapable of 
 29.12  comprehending and participating in the proceedings.  In such 
 29.13  instances, the court shall, with specificity on the record, 
 29.14  state the behavior of respondent the proposed patient or other 
 29.15  circumstances justifying which justify proceeding in the absence 
 29.16  of the respondent proposed patient.  
 29.17     (d) The court may order the continued holding continue the 
 29.18  court hold of the proposed patient if it finds, by a 
 29.19  preponderance of the evidence, that serious imminent physical 
 29.20  harm to the proposed patient or others is likely if the proposed 
 29.21  patient is not confined.  The fact that If a proposed patient 
 29.22  was acquitted of a crime against the person under section 
 29.23  611.026 immediately preceding the filing of the 
 29.24  petition constitutes evidence, the court may presume that 
 29.25  serious imminent physical harm to the patient or others is 
 29.26  likely if the proposed patient is not confined and shifts the 
 29.27  burden of going forward in the presentation of evidence to the 
 29.28  proposed patient; provided that the standard of proof remains as 
 29.29  required by this chapter.  
 29.30     (e) Upon a showing that a person subject to a petition for 
 29.31  commitment may need treatment with neuroleptic medications and 
 29.32  that the person may lack capacity to make decisions regarding 
 29.33  that treatment, the court may appoint a substitute 
 29.34  decision-maker as provided in section 253B.092, subdivision 6.  
 29.35  The substitute decision-maker shall meet with the proposed 
 29.36  patient and provider and make a report to the court at the 
 30.1   hearing under section 253B.08 regarding whether the 
 30.2   administration of neuroleptic medications is appropriate under 
 30.3   the criteria of section 253B.092, subdivision 7.  If the 
 30.4   substitute decision-maker consents to treatment with neuroleptic 
 30.5   medications and the proposed patient does not refuse the 
 30.6   medication, neuroleptic medication may be administered to the 
 30.7   patient.  If the substitute decision-maker does not consent or 
 30.8   the patient refuses, neuroleptic medication may not be 
 30.9   administered without a court order, or in an emergency as set 
 30.10  forth in section 253B.092, subdivision 3. 
 30.11     Sec. 49.  Minnesota Statutes 1996, section 253B.08, 
 30.12  subdivision 1, is amended to read: 
 30.13     Subdivision 1.  [TIME FOR COMMITMENT HEARING.] The hearing 
 30.14  on the commitment petition shall be held within 14 days from the 
 30.15  date of the filing of the petition.  For good cause shown, the 
 30.16  court may extend the time of hearing up to an additional 30 
 30.17  days.  When any The proceeding shall be dismissed if the 
 30.18  proposed patient has not had a hearing on a commitment 
 30.19  petition filed for the person's commitment within the allowed 
 30.20  time, the proceedings shall be dismissed.  The proposed patient, 
 30.21  or the head of the treatment facility in which the person is 
 30.22  held, may demand in writing at any time that the hearing be held 
 30.23  immediately.  Unless the hearing is held within five days of the 
 30.24  date of the demand, exclusive of Saturdays, Sundays and legal 
 30.25  holidays, the petition shall be automatically discharged if the 
 30.26  patient is being held in a treatment facility pursuant to court 
 30.27  order.  For good cause shown, the court may extend the time of 
 30.28  hearing on the demand for an additional ten days.  
 30.29     Sec. 50.  Minnesota Statutes 1996, section 253B.08, 
 30.30  subdivision 2, is amended to read: 
 30.31     Subd. 2.  [NOTICE OF HEARING.] The proposed patient, 
 30.32  patient's counsel, the petitioner, the county attorney, and any 
 30.33  other persons as the court directs shall be given at least five 
 30.34  days' notice that a hearing will be held and at least two days' 
 30.35  notice of the time and date of the hearing, except that any 
 30.36  person may waive notice.  Notice to the proposed patient may be 
 31.1   waived by patient's counsel.  If the proposed patient has no 
 31.2   residence in this state, the commissioner shall be notified of 
 31.3   the proceedings by the court. 
 31.4      Sec. 51.  Minnesota Statutes 1996, section 253B.08, is 
 31.5   amended by adding a subdivision to read: 
 31.6      Subd. 2a.  [PLACE OF HEARING.] The hearing shall be 
 31.7   conducted in a manner consistent with orderly procedure.  The 
 31.8   hearing shall be held at a courtroom meeting standards 
 31.9   prescribed by local court rule which may be at a treatment 
 31.10  facility.  
 31.11     Sec. 52.  Minnesota Statutes 1996, section 253B.08, 
 31.12  subdivision 3, is amended to read: 
 31.13     Subd. 3.  [RIGHT TO ATTEND AND TESTIFY.] All persons to 
 31.14  whom notice has been given may attend the hearing and, except 
 31.15  for the proposed patient's counsel, may testify.  The court 
 31.16  shall notify them of their right to attend the hearing and to 
 31.17  testify.  The court may exclude any person not necessary for the 
 31.18  conduct of the proceedings from the hearings except any person 
 31.19  requested to be present by the proposed patient.  Nothing in 
 31.20  this section shall prevent the court from ordering the 
 31.21  sequestration of any witness or witnesses other than the 
 31.22  petitioner or the proposed patient.  
 31.23     Sec. 53.  Minnesota Statutes 1996, section 253B.08, 
 31.24  subdivision 5, is amended to read: 
 31.25     Subd. 5.  [ABSENCE PERMITTED.] (a) The court may permit the 
 31.26  proposed patient to waive the right to attend the hearing if it 
 31.27  determines that the waiver is freely given.  All waivers shall 
 31.28  be on the record.  At the time of the hearing the patient shall 
 31.29  not be so under the influence or suffering from the effects of 
 31.30  drugs, medication, or other treatment so as to be hampered in 
 31.31  participating in the proceedings.  When in the opinion of the 
 31.32  licensed physician or licensed psychologist attending the 
 31.33  patient is of the opinion that the discontinuance of drugs, 
 31.34  medication, or other treatment is not in the best interest of 
 31.35  the patient, the court, at the time of the hearing, shall be 
 31.36  presented a record of all drugs, medication or other treatment 
 32.1   which the patient has received during the 48 hours immediately 
 32.2   prior to the hearing.  
 32.3      (b) The court, on its own motion or on the motion of any 
 32.4   party, may exclude or excuse a respondent proposed patient who 
 32.5   is seriously disruptive or who is totally incapable of 
 32.6   comprehending and participating in the proceedings.  In such 
 32.7   instances, the court shall, with specificity on the record, 
 32.8   state the behavior of respondent the proposed patient or other 
 32.9   circumstances justifying proceeding in the absence of the 
 32.10  respondent proposed patient.  
 32.11     Sec. 54.  Minnesota Statutes 1996, section 253B.08, is 
 32.12  amended by adding a subdivision to read: 
 32.13     Subd. 5a.  [WITNESSES.] The proposed patient or the 
 32.14  patient's counsel and the county attorney may present and 
 32.15  cross-examine witnesses, including examiners, at the hearing.  
 32.16  The court may in its discretion receive the testimony of any 
 32.17  other person.  Opinions of court-appointed examiners may not be 
 32.18  admitted into evidence unless the examiner is present to 
 32.19  testify, except by agreement of the parties.  
 32.20     Sec. 55.  Minnesota Statutes 1996, section 253B.09, 
 32.21  subdivision 1, is amended to read: 
 32.22     Subdivision 1.  [STANDARD OF PROOF.] If the court finds by 
 32.23  clear and convincing evidence that the proposed patient is a 
 32.24  mentally ill, mentally retarded, or chemically dependent person 
 32.25  and, that after careful consideration of reasonable alternative 
 32.26  dispositions, including but not limited to, dismissal of 
 32.27  petition, voluntary outpatient care, informal voluntary 
 32.28  admission to a treatment facility, appointment of a guardian or 
 32.29  conservator, or release before commitment as provided for in 
 32.30  subdivision 4, it finds that there is no suitable alternative to 
 32.31  judicial commitment, the court shall commit the patient to the 
 32.32  least restrictive treatment program which can meet the patient's 
 32.33  treatment needs consistent with section 253B.03, subdivision 7.  
 32.34  In deciding on the least restrictive program, the court shall 
 32.35  consider a range of treatment alternatives including, but not 
 32.36  limited to, community-based nonresidential treatment, community 
 33.1   residential treatment, partial hospitalization, acute care 
 33.2   hospital, and regional treatment center services.  The court 
 33.3   shall also consider the proposed patient's treatment preferences 
 33.4   and willingness to participate in the treatment ordered.  The 
 33.5   court may not commit a patient to a facility or program that is 
 33.6   not capable of meeting the patient's needs.  
 33.7      Sec. 56.  Minnesota Statutes 1996, section 253B.09, 
 33.8   subdivision 2, is amended to read: 
 33.9      Subd. 2.  [FINDINGS.] The court shall find the facts 
 33.10  specifically, and separately state its conclusions of law, and 
 33.11  direct the entry of an appropriate judgment.  Where commitment 
 33.12  is ordered, the findings of fact and conclusions of law shall 
 33.13  specifically state the proposed patient's conduct which is a 
 33.14  basis for determining that each of the requisites for commitment 
 33.15  is met.  
 33.16     If commitment is ordered, the findings shall also include a 
 33.17  listing of identify less restrictive alternatives considered and 
 33.18  rejected by the court and the reasons for rejecting each 
 33.19  alternative.  
 33.20     If the proceedings are dismissed, the court may direct that 
 33.21  the person be transported back to a suitable location. 
 33.22     Sec. 57.  Minnesota Statutes 1996, section 253B.09, 
 33.23  subdivision 3, is amended to read: 
 33.24     Subd. 3.  [FINANCIAL DETERMINATION.] The court shall 
 33.25  determine the nature and extent of the property of the patient 
 33.26  and of the persons who are liable for the patient's care.  If 
 33.27  the patient is committed to a regional facility, a copy shall be 
 33.28  transmitted treatment center, the court shall send a copy of the 
 33.29  commitment order to the commissioner.  
 33.30     Sec. 58.  Minnesota Statutes 1996, section 253B.09, is 
 33.31  amended by adding a subdivision to read: 
 33.32     Subd. 3a.  [REPORTING JUDICIAL COMMITMENTS INVOLVING 
 33.33  PRIVATE TREATMENT PROGRAMS OR FACILITIES.] Notwithstanding 
 33.34  section 253B.23, subdivision 9, when a court commits a patient 
 33.35  to a treatment program or facility other than a state-operated 
 33.36  program or facility, the court shall report the commitment to 
 34.1   the commissioner through the supreme court information system 
 34.2   for purposes of providing commitment information for firearm 
 34.3   background checks under section 245.041. 
 34.4      Sec. 59.  Minnesota Statutes 1996, section 253B.09, 
 34.5   subdivision 5, is amended to read: 
 34.6      Subd. 5.  [INITIAL COMMITMENT PERIOD.] The initial 
 34.7   commitment begins on the date that the court issues its order or 
 34.8   warrant under section 253B.10, subdivision 1.  For persons 
 34.9   committed as mentally ill, mentally retarded, or chemically 
 34.10  dependent the initial commitment shall not exceed six months.  
 34.11  At least 60 days, but not more than 90 days, after the 
 34.12  commencement of the initial commitment of a person as mentally 
 34.13  ill, mentally retarded, or chemically dependent, the head of the 
 34.14  facility shall file a written report with the committing court 
 34.15  with a copy to the patient and patient's counsel.  This first 
 34.16  report shall set forth the same information as is required in 
 34.17  section 253B.12, subdivision 1, but no hearing shall be required 
 34.18  at this time.  If no written report is filed within the required 
 34.19  time, or if it describes the patient as not in need of further 
 34.20  institutional care and treatment, the proceedings shall be 
 34.21  terminated by the committing court, and the patient shall be 
 34.22  discharged from the treatment facility.  If the person is 
 34.23  discharged prior to the expiration of 60 days, the report 
 34.24  required by this subdivision shall be filed at the time of 
 34.25  discharge.  
 34.26     Sec. 60.  [253B.092] [STANDARDS AND CRITERIA FOR 
 34.27  ADMINISTRATION OF NEUROLEPTIC MEDICATION; PROCEDURES.] 
 34.28     Subdivision 1.  [GENERAL.] Neuroleptic medications may be 
 34.29  administered to patients subject to early intervention or civil 
 34.30  commitment as mentally ill or mentally ill and dangerous only as 
 34.31  provided in this section.  For purposes of this section, 
 34.32  "patient" includes a proposed patient who is the subject of a 
 34.33  petition for early intervention or commitment. 
 34.34     Subd. 2.  [ADMINISTRATION WITHOUT JUDICIAL 
 34.35  REVIEW.] Neuroleptic medications may be administered without 
 34.36  judicial review in the following circumstances: 
 35.1      (1) the patient has the capacity to make an informed 
 35.2   decision under subdivision 4; 
 35.3      (2) the patient does not have the present capacity to 
 35.4   consent to the administration of neuroleptic medication, but 
 35.5   prepared a durable power of attorney for health care under 
 35.6   chapter 145C or a declaration under section 253B.03, subdivision 
 35.7   6d, requesting treatment or authorizing an agent or proxy to 
 35.8   request treatment, and the agent or proxy has requested the 
 35.9   treatment; 
 35.10     (3) a substitute decision-maker appointed by the court 
 35.11  consents to the administration of the neuroleptic medication and 
 35.12  the patient does not refuse administration of the medication; or 
 35.13     (4) the substitute decision-maker does not consent or the 
 35.14  patient is refusing medication, and the patient is in an 
 35.15  emergency situation. 
 35.16     Subd. 3.  [EMERGENCY ADMINISTRATION.] A treating physician 
 35.17  may administer neuroleptic medication to a patient who does not 
 35.18  have capacity to make a decision regarding administration of the 
 35.19  medication if the patient is in an emergency situation.  
 35.20  Medication may be administered for so long as the emergency 
 35.21  continues to exist, up to 14 days, if the treating physician 
 35.22  determines that the medication is necessary to prevent serious, 
 35.23  immediate physical harm to the patient or to others.  If a 
 35.24  request for authorization to administer medication is made to 
 35.25  the court within the 14 days, the treating physician may 
 35.26  continue the medication through the date of the first court 
 35.27  hearing, if the emergency continues to exist.  If the request 
 35.28  for authorization to administer medication is made to the court 
 35.29  in conjunction with a petition for commitment or early 
 35.30  intervention and the court makes a determination at the 
 35.31  preliminary hearing under section 253B.07, subdivision 7, that 
 35.32  there is sufficient cause to continue the physician's order 
 35.33  until the hearing under section 253B.08, the treating physician 
 35.34  may continue the medication until that hearing, if the emergency 
 35.35  continues to exist.  The treatment facility shall document the 
 35.36  emergency in the patient's medical record in specific behavioral 
 36.1   terms. 
 36.2      Subd. 4.  [PATIENTS WITH CAPACITY TO MAKE INFORMED 
 36.3   DECISION.] A patient who has the capacity to make an informed 
 36.4   decision regarding the administration of neuroleptic medication 
 36.5   may consent or refuse consent to administration of the 
 36.6   medication.  The informed consent of a patient must be in 
 36.7   writing. 
 36.8      Subd. 5.  [DETERMINATION OF CAPACITY.] (a) A patient is 
 36.9   presumed to have capacity to make decisions regarding 
 36.10  administration of neuroleptic medication. 
 36.11     (b) In determining a person's capacity to make decisions 
 36.12  regarding the administration of neuroleptic medication, the 
 36.13  court shall consider: 
 36.14     (1) whether the person demonstrates an awareness of the 
 36.15  nature of the person's situation, including the reasons for 
 36.16  hospitalization, and the possible consequences of refusing 
 36.17  treatment with neuroleptic medications; 
 36.18     (2) whether the person demonstrates an understanding of 
 36.19  treatment with neuroleptic medications and the risks, benefits, 
 36.20  and alternatives; and 
 36.21     (3) whether the person communicates verbally or nonverbally 
 36.22  a clear choice regarding treatment with neuroleptic medications 
 36.23  that is a reasoned one not based on delusion, even though it may 
 36.24  not be in the person's best interests. 
 36.25     Disagreement with the physician's recommendation is not 
 36.26  evidence of an unreasonable decision. 
 36.27     Subd. 6.  [PATIENTS WITHOUT CAPACITY TO MAKE INFORMED 
 36.28  DECISION; SUBSTITUTE DECISION-MAKER.] (a) Upon request of any 
 36.29  person, and upon a showing that administration of neuroleptic 
 36.30  medications may be recommended and that the person may lack 
 36.31  capacity to make decisions regarding the administration of 
 36.32  neuroleptic medication, the court shall appoint a substitute 
 36.33  decision-maker with authority to consent to the administration 
 36.34  of neuroleptic medication as provided in this section.  The 
 36.35  substitute decision-maker must be an individual or a community 
 36.36  or institutional multidisciplinary panel designated by the local 
 37.1   mental health authority.  In appointing a substitute 
 37.2   decision-maker, the court shall give preference to a guardian or 
 37.3   conservator, proxy, or attorney-in-fact with authority to make 
 37.4   health care decisions for the patient.  The court may provide 
 37.5   for the payment of a reasonable fee to the substitute 
 37.6   decision-maker for services under this section or may appoint a 
 37.7   volunteer. 
 37.8      (b) If the person's treating physician recommends treatment 
 37.9   with neuroleptic medication, the substitute decision-maker may 
 37.10  give or withhold consent to the administration of the 
 37.11  medication, based on the standards under subdivision 7.  If the 
 37.12  substitute decision-maker gives informed consent to the 
 37.13  treatment and the person does not refuse, the substitute 
 37.14  decision-maker shall provide written consent to the treating 
 37.15  physician and the medication may be administered.  The 
 37.16  substitute decision-maker shall also notify the court that 
 37.17  consent has been given.  If the substitute decision-maker 
 37.18  refuses or withdraws consent or the person refuses the 
 37.19  medication, neuroleptic medication may not be administered to 
 37.20  the person without a court order or in an emergency. 
 37.21     (c) A substitute decision-maker appointed under this 
 37.22  section has access to the pertinent sections of the patient's 
 37.23  health records on the past or present administration of 
 37.24  medication.  The designated agency or a person involved in the 
 37.25  patient's physical or mental health care may disclose 
 37.26  information to the substitute decision-maker for the sole 
 37.27  purpose of performing the responsibilities under this section. 
 37.28     (d) At a hearing under section 253B.08, the petitioner has 
 37.29  the burden of proving incapacity by a preponderance of the 
 37.30  evidence.  If a substitute decision-maker has been appointed by 
 37.31  the court, the court shall make findings regarding the patient's 
 37.32  capacity to make decisions regarding the administration of 
 37.33  neuroleptic medications and affirm or reverse its appointment of 
 37.34  a substitute decision-maker.  If the court affirms the 
 37.35  appointment of the substitute decision-maker, and if the 
 37.36  substitute decision-maker has consented to the administration of 
 38.1   the medication and the patient has not refused, the court shall 
 38.2   make findings that the substitute decision-maker has consented 
 38.3   and the treatment is authorized.  If a substitute decision-maker 
 38.4   has not yet been appointed, upon request the court shall make 
 38.5   findings regarding the patient's capacity and appoint a 
 38.6   substitute decision-maker if appropriate. 
 38.7      (e) If an order for civil commitment or early intervention 
 38.8   did not provide for the appointment of a substitute 
 38.9   decision-maker or for the administration of neuroleptic 
 38.10  medication, the treatment facility may later request the 
 38.11  appointment of a substitute decision-maker upon a showing that 
 38.12  administration of neuroleptic medications is recommended and 
 38.13  that the person lacks capacity to make decisions regarding the 
 38.14  administration of neuroleptic medications.  A hearing is not 
 38.15  required in order to administer the neuroleptic medication 
 38.16  unless requested under subdivision 10 or if the substitute 
 38.17  decision-maker withholds or refuses consent or the person 
 38.18  refuses the medication. 
 38.19     (f) The substitute decision-maker's authority to consent to 
 38.20  treatment lasts for the duration of the court's order of 
 38.21  appointment or until modified by the court. 
 38.22     If the substitute decision-maker withdraws consent or the 
 38.23  patient refuses consent, neuroleptic medication may not be 
 38.24  administered without a court order. 
 38.25     (g) If there is no hearing after the preliminary hearing, 
 38.26  then the court shall, upon the request of any interested party, 
 38.27  review the reasonableness of the substitute decision-maker's 
 38.28  decision based on the standards under subdivision 7.  The court 
 38.29  shall enter an order upholding or reversing the decision within 
 38.30  seven days. 
 38.31     Subd. 7.  [STANDARDS FOR MAKING DECISION REGARDING 
 38.32  ADMINISTRATION OF NEUROLEPTIC MEDICATION.] (a) When a person 
 38.33  lacks capacity to make decisions regarding the administration of 
 38.34  neuroleptic medication, the substitute decision-maker or the 
 38.35  court shall use the standards in this subdivision in making a 
 38.36  decision regarding administration of the medication. 
 39.1      (b) If the person clearly stated what the person would 
 39.2   choose to do in this situation when the person had the capacity 
 39.3   to make a reasoned decision, the person's wishes must be 
 39.4   followed.  Evidence of the person's wishes may include written 
 39.5   instruments, including a durable power of attorney for health 
 39.6   care under chapter 145C or a declaration under section 253B.03, 
 39.7   subdivision 6d. 
 39.8      (c) If evidence of the person's wishes regarding the 
 39.9   administration of neuroleptic medications is conflicting or 
 39.10  lacking, the decision must be based on what a reasonable person 
 39.11  would do, taking into consideration: 
 39.12     (1) the person's family, community, moral, religious, and 
 39.13  social values; 
 39.14     (2) the medical risks, benefits, and alternatives to the 
 39.15  proposed treatment; 
 39.16     (3) past efficacy and any extenuating circumstances of past 
 39.17  use of neuroleptic medications; and 
 39.18     (4) any other relevant factors. 
 39.19     Subd. 8.  [PROCEDURE WHEN PATIENT REFUSES MEDICATION.] (a) 
 39.20  If the substitute decision-maker or the patient refuses to 
 39.21  consent to treatment with neuroleptic medications, and absent an 
 39.22  emergency as set forth in subdivision 3, neuroleptic medications 
 39.23  may not be administered without a court order.  Upon receiving a 
 39.24  written request for a hearing, the court shall schedule the 
 39.25  hearing within 14 days of the request.  The matter may be heard 
 39.26  as part of any other district court proceeding under this 
 39.27  chapter.  By agreement of the parties or for good cause shown, 
 39.28  the court may extend the time of hearing an additional 30 days.  
 39.29     (b) The patient must be examined by a court examiner prior 
 39.30  to the hearing.  If the patient refuses to participate in an 
 39.31  examination, the examiner may rely on the patient's medical 
 39.32  records to reach an opinion as to the appropriateness of 
 39.33  neuroleptic medication.  The patient is entitled to counsel and 
 39.34  a second examiner, if requested by the patient or patient's 
 39.35  counsel. 
 39.36     (c) The court may base its decision on relevant and 
 40.1   admissible evidence, including the testimony of a treating 
 40.2   physician or other qualified physician, a member of the 
 40.3   patient's treatment team, a court appointed examiner, witness 
 40.4   testimony, or the patient's medical records. 
 40.5      (d) If the court finds that the patient has the capacity to 
 40.6   decide whether to take neuroleptic medication or that the 
 40.7   patient lacks capacity to decide and the standards for making a 
 40.8   decision to administer the medications under subdivision 7 are 
 40.9   not met, the treating facility may not administer medication 
 40.10  without the patient's informed written consent or without the 
 40.11  declaration of an emergency, or until further review by the 
 40.12  court. 
 40.13     (e) If the court finds that the patient lacks capacity to 
 40.14  decide whether to take neuroleptic medication and has applied 
 40.15  the standards set forth in subdivision 7, the court may 
 40.16  authorize the treating facility and any other community or 
 40.17  treatment facility to which the patient may be transferred or 
 40.18  provisionally discharged, to involuntarily administer the 
 40.19  medication to the patient. 
 40.20     (f) A finding of lack of capacity under this section must 
 40.21  not be construed to determine the patient's competence for any 
 40.22  other purpose.  
 40.23     (g) The court may authorize the administration of 
 40.24  neuroleptic medication until the termination of a determinate 
 40.25  commitment.  If the patient is committed for an indeterminate 
 40.26  period, the court may authorize treatment of neuroleptic 
 40.27  medication for not more than two years, subject to the patient's 
 40.28  right to petition the court for review of the order.  The 
 40.29  treatment facility must submit annual reports to the court, 
 40.30  which shall provide copies to the patient and the respective 
 40.31  attorneys.  
 40.32     (h) The court may limit the maximum dosage of neuroleptic 
 40.33  medication that may be administered. 
 40.34     (i) If physical force is required to administer the 
 40.35  neuroleptic medication, force may only take place in a treatment 
 40.36  facility or therapeutic setting where the person's condition can 
 41.1   be reassessed and appropriate medical staff are available. 
 41.2      Subd. 9.  [IMMUNITY.] A substitute decision-maker who 
 41.3   consents to treatment is not civilly or criminally liable for 
 41.4   the performance of or the manner of performing the treatment.  A 
 41.5   person is not liable for performing treatment without consent if 
 41.6   the substitute decision-maker has given written consent.  This 
 41.7   provision does not affect any other liability that may result 
 41.8   from the manner in which the treatment is performed. 
 41.9      Subd. 10.  [REVIEW.] A patient or other person may petition 
 41.10  the court under section 253B.17 for review of any determination 
 41.11  under this section or for a decision regarding the 
 41.12  administration of neuroleptic medications, appointment of a 
 41.13  substitute decision-maker, or the patient's capacity to make 
 41.14  decisions regarding administration of neuroleptic medications. 
 41.15     Sec. 61.  [253B.0921] [ACCESS TO MEDICAL RECORDS.] 
 41.16     A treating physician who makes medical decisions regarding 
 41.17  the prescription and administration of medication for treatment 
 41.18  of a mental illness has access to the pertinent sections of a 
 41.19  patient's health records on past administration of medication at 
 41.20  any treatment facility, if the patient lacks the capacity to 
 41.21  authorize the release of records.  Upon request of a treating 
 41.22  physician under this section, a treatment facility shall supply 
 41.23  complete information relating to the past records on 
 41.24  administration of medication of a patient subject to this 
 41.25  chapter.  A patient who has the capacity to authorize the 
 41.26  release of data retains the right to make decisions regarding 
 41.27  access to medical records as provided by section 144.335. 
 41.28     Sec. 62.  Minnesota Statutes 1996, section 253B.095, is 
 41.29  amended to read: 
 41.30     253B.095 [RELEASE BEFORE COMMITMENT.] 
 41.31     Subdivision 1.  [COURT RELEASE.] (a) After the hearing and 
 41.32  before a commitment order has been issued, the court may release 
 41.33  a proposed patient to the custody of an individual or agency 
 41.34  upon conditions that guarantee the care and treatment of the 
 41.35  patient.  
 41.36     (b) A person against whom a criminal proceeding is pending 
 42.1   may not be released.  Continuances may not extend beyond 14 
 42.2      (c) A continuance for dismissal, with or without findings, 
 42.3   may be granted for up to 90 days.  
 42.4      (d) When the court stays an order for commitment for more 
 42.5   than 14 days beyond the date of the initially scheduled hearing, 
 42.6   the court shall issue an order that meets the requirements of 
 42.7   this section. 
 42.8      Subd. 2.  [STAY BEYOND 14 DAYS.] An order staying 
 42.9   commitment for more than 14 days must include: 
 42.10     (1) a written plan for services to which the proposed 
 42.11  patient has agreed; 
 42.12     (2) a finding that the proposed treatment is available and 
 42.13  accessible to the patient and that public or private financial 
 42.14  resources are available to pay for the proposed treatment; and 
 42.15     (3) conditions the patient must meet to avoid imposition 
 42.16  revocation of the stayed commitment order and imposition of the 
 42.17  commitment order.  
 42.18     (e) A person receiving treatment under this section has all 
 42.19  rights under this chapter.  
 42.20     Subd. 3. 2.  [CASE MANAGER.] When a court releases a 
 42.21  patient with mental illness under this section, the court shall 
 42.22  appoint a direct the case manager. 
 42.23     Subd. 4.  [REPORTS.] The case manager shall to report to 
 42.24  the court at least once every 90 days.  The case manager and 
 42.25  shall immediately report a substantial failure of a patient or 
 42.26  provider to comply with the conditions of the release. 
 42.27     Subd. 5. 3.  [DURATION.] The maximum duration of an a 
 42.28  stayed order under this section is six months.  The court may 
 42.29  continue the order for a maximum of an additional 12 months if, 
 42.30  after notice and hearing, under sections 253B.08 and 253B.09 the 
 42.31  court finds that (1) the person continues to be mentally 
 42.32  ill suffer from mental illness, chemical dependency, or mental 
 42.33  retardation, and (2) an order is needed to protect the patient 
 42.34  or others. 
 42.35     Subd. 6. 4.  [MODIFICATION OF ORDER.] An order under this 
 42.36  section may be modified upon agreement of the parties and 
 43.1   approval of the court. 
 43.2      Subd. 7. 5.  [REVOCATION OF ORDER.] The court, on its own 
 43.3   motion or upon the petition motion of any person party that the 
 43.4   patient has not complied with a material condition of release, 
 43.5   and after notice and a hearing unless otherwise ordered by the 
 43.6   court, may revoke any release and commit the proposed patient 
 43.7   under this chapter. 
 43.8      Sec. 63.  Minnesota Statutes 1996, section 253B.10, is 
 43.9   amended to read: 
 43.10     253B.10 [PROCEDURES FOR UPON COMMITMENT.] 
 43.11     Subdivision 1.  [ADMINISTRATIVE REQUIREMENTS.] When a 
 43.12  person is committed, the court shall issue a warrant in 
 43.13  duplicate, or an order committing the patient to the custody of 
 43.14  the head of the treatment facility.  The warrant or order shall 
 43.15  state that the patient meets the statutory criteria for civil 
 43.16  commitment.  Upon the arrival of a patient at the designated 
 43.17  treatment facility, the head of the facility shall retain the 
 43.18  duplicate of the warrant and endorse receipt upon the original 
 43.19  warrant, which shall or acknowledge receipt of the order.  The 
 43.20  endorsed receipt or acknowledgment must be filed in the court of 
 43.21  commitment.  After arrival, the patient shall be under the 
 43.22  control and custody of the head of the treatment facility.  
 43.23     Copies of the petition for commitment, the court's findings 
 43.24  of fact and conclusions of law, the court order committing the 
 43.25  patient, the report of the examiners, and the prepetition report 
 43.26  shall be provided promptly to the treatment facility at the time 
 43.27  of admission.  
 43.28     Subd. 2.  [TRANSPORTATION.] When a proposed patient is 
 43.29  about to be placed in a treatment facility, the court may order 
 43.30  the designated agency, the treatment facility, or any 
 43.31  responsible adult to transport the patient to the treatment 
 43.32  facility.  Unless otherwise ordered by the court Whenever 
 43.33  possible, a peace officer who provides the transportation shall 
 43.34  not be in uniform and shall not use a vehicle visibly marked as 
 43.35  a police vehicle. The proposed patient may be accompanied by one 
 43.36  or more interested persons.  
 44.1      When a proposed patient who is at a regional treatment 
 44.2   center requests a change of venue or when a hearing is to be 
 44.3   held for adjudication of a patient's status pursuant to section 
 44.4   253B.17, the commissioner shall provide transportation.  
 44.5      Subd. 3.  [NOTICE OF ADMISSION.] Whenever a committed 
 44.6   person has been admitted to a treatment facility under the 
 44.7   provisions of sections 253B.09 or 253B.18, the head of the 
 44.8   treatment facility shall immediately notify the patient's spouse 
 44.9   or parent and the county of the patient's legal residence if the 
 44.10  county may be liable for a portion of the cost of 
 44.11  institutionalization treatment.  If the committed person was 
 44.12  admitted upon the petition of a spouse or parent the head of the 
 44.13  treatment facility shall notify an interested person other than 
 44.14  the petitioner.  
 44.15     Subd. 4.  [PRIVATE INSTITUTIONALIZATION TREATMENT.] 
 44.16  Patients or other responsible persons are required to pay the 
 44.17  necessary charges for patients committed or transferred to 
 44.18  private treatment facilities.  Private treatment facilities may 
 44.19  refuse to accept a committed person.  
 44.20     Subd. 5.  [TRANSFER TO VOLUNTARY STATUS.] At any time prior 
 44.21  to the expiration of the initial commitment period, a patient 
 44.22  who has not been committed as mentally ill and dangerous to the 
 44.23  public may be transferred to voluntary status upon the patient's 
 44.24  application in writing with the consent of the head of the 
 44.25  facility.  Upon transfer, the head of the treatment facility 
 44.26  shall immediately notify the court in writing and the court 
 44.27  shall terminate the proceedings.  
 44.28     Sec. 64.  Minnesota Statutes 1996, section 253B.11, 
 44.29  subdivision 2, is amended to read: 
 44.30     Subd. 2.  [FACILITIES.] Each county or a group of counties 
 44.31  shall maintain or provide by contract a facility for confinement 
 44.32  of persons held temporarily for observation, evaluation, 
 44.33  diagnosis, treatment, and care.  When the temporary confinement 
 44.34  is provided at a regional center, the commissioner shall charge 
 44.35  the county of financial responsibility for the costs of 
 44.36  confinement of persons hospitalized under section 253B.05, 
 45.1   subdivisions 1 and 2, and section 253B.07, subdivision 6, except 
 45.2   that the commissioner shall bill the responsible prepaid plan 
 45.3   for medically necessary hospitalizations for individuals 
 45.4   enrolled in a prepaid plan under contract to provide medical 
 45.5   assistance, general assistance medical care, or MinnesotaCare 
 45.6   services.  If the prepaid plan determines under the terms of the 
 45.7   medical assistance, general assistance medical care, or 
 45.8   MinnesotaCare contract that a hospitalization was not medically 
 45.9   necessary, the county is responsible.  "County of financial 
 45.10  responsibility" means the county in which the person resides at 
 45.11  the time of confinement or, if the person has no residence in 
 45.12  this state, the county which initiated the confinement.  The 
 45.13  charge shall be based on the commissioner's determination of the 
 45.14  cost of care pursuant to section 246.50, subdivision 5.  The 
 45.15  rate in effect during commitment continues to be the rate paid 
 45.16  by the county while a patient is subject to recommitment 
 45.17  proceedings.  When there is a dispute as to which county is the 
 45.18  county of financial responsibility, the county charged for the 
 45.19  costs of confinement shall pay for them pending final 
 45.20  determination of the dispute over financial responsibility. 
 45.21  Disputes about the county of financial responsibility shall be 
 45.22  submitted to the commissioner to be settled in the manner 
 45.23  prescribed in section 256G.09. 
 45.24     Sec. 65.  Minnesota Statutes 1996, section 253B.11, is 
 45.25  amended by adding a subdivision to read: 
 45.26     Subd. 2a.  [COST OF CARE.] Notwithstanding subdivision 2, a 
 45.27  county shall be responsible for the cost of care as specified 
 45.28  under section 246.54 for persons hospitalized at a regional 
 45.29  treatment center in accordance with section 253B.09 and the 
 45.30  person's legal status has been changed to a court hold under 
 45.31  section 253B.07, subdivision 6, pending a judicial determination 
 45.32  regarding continued commitment pursuant to sections 253B.12 and 
 45.33  253B.13. 
 45.34     Sec. 66.  Minnesota Statutes 1996, section 253B.12, 
 45.35  subdivision 1, is amended to read: 
 45.36     Subdivision 1.  [REPORT REPORTS.] Prior to the termination 
 46.1   of the initial commitment order or final discharge of the 
 46.2   patient, the head of the facility shall file a written report 
 46.3   with the committing court with a copy to the patient and 
 46.4   patient's counsel, setting (a) If a patient who was committed as 
 46.5   mentally ill, mentally retarded, or chemically dependent is 
 46.6   discharged from treatment within the first 60 days after the 
 46.7   date of the commitment order, the head of the treatment facility 
 46.8   shall file a written report with the committing court describing 
 46.9   the patient's need for further treatment.  A copy of the report 
 46.10  must be provided to the county attorney, the patient, and the 
 46.11  patient's counsel. 
 46.12     (b) If a patient who was committed as mentally ill, 
 46.13  mentally retarded, or chemically dependent remains in treatment 
 46.14  more than 60 days after the date of the commitment, then at 
 46.15  least 60 days, but not more than 90 days, after the date of the 
 46.16  order, the head of the facility that has custody of the patient 
 46.17  shall file a written report with the committing court and 
 46.18  provide a copy to the county attorney, the patient, and the 
 46.19  patient's counsel.  The report must set forth in detailed 
 46.20  narrative form at least the following: 
 46.21     (1) the diagnosis of the patient with the supporting data; 
 46.22     (2) the anticipated discharge date; 
 46.23     (3) an individualized treatment plan; 
 46.24     (4) a detailed description of the discharge planning 
 46.25  process with suggested after care plan; 
 46.26     (5) whether the patient is in need of further care and 
 46.27  treatment with, the treatment facility which is needed, and 
 46.28  evidence to support the response; 
 46.29     (6) whether any further care and treatment must be provided 
 46.30  in a treatment facility with evidence to support the response; 
 46.31     (7) whether in the opinion of the head of the facility the 
 46.32  patient must continue to be committed to a treatment facility; 
 46.33     (8) whether in the opinion of the head of the facility the 
 46.34  patient satisfies the statutory requirement for continued 
 46.35  commitment to a treatment facility, with documentation to 
 46.36  support the opinion; and 
 47.1      (9) (7) whether the administration of neuroleptic 
 47.2   medication is clinically indicated, whether the patient is able 
 47.3   to give informed consent to that medication, and the basis for 
 47.4   these opinions. 
 47.5      (c) Prior to the termination of the initial commitment 
 47.6   order or final discharge of the patient, the head of the 
 47.7   treatment facility that has custody or care of the patient shall 
 47.8   file a written report with the committing court with a copy to 
 47.9   the patient and the patient's counsel that sets forth the 
 47.10  information required in paragraph (b).  
 47.11     (d) If the patient has been provisionally discharged from a 
 47.12  treatment facility, the report shall be prepared by the case 
 47.13  manager. 
 47.14     (e) If no written report is filed within the required time, 
 47.15  or if a report describes the patient as not in need of further 
 47.16  institutional care and treatment, the proceedings must be 
 47.17  terminated by the committing court and the patient discharged 
 47.18  from the treatment facility. 
 47.19     Sec. 67.  Minnesota Statutes 1996, section 253B.12, is 
 47.20  amended by adding a subdivision to read: 
 47.21     Subd. 2a.  [TIME FOR HEARING.] A review hearing must be 
 47.22  held within 14 days after receipt by the committing court of the 
 47.23  report required under subdivision 1, paragraph (b), and before 
 47.24  the time the commitment expires.  For good cause shown, the 
 47.25  court may continue the hearing for up to an additional 14 days 
 47.26  and extend any orders until the review hearing is held. 
 47.27     The patient, the patient's counsel, the petitioner, and 
 47.28  other persons as the court directs must be given at least five 
 47.29  days' notice of the time and place of the hearing.  
 47.30     Sec. 68.  Minnesota Statutes 1996, section 253B.12, 
 47.31  subdivision 3, is amended to read: 
 47.32     Subd. 3.  [EXAMINATION.] Prior to the review hearing, the 
 47.33  court shall inform the patient of the right to an independent 
 47.34  examination by an examiner chosen by the patient and appointed 
 47.35  in accordance with provisions of section 253B.07, subdivision 
 47.36  3.  The report of the examiner may be submitted at the hearing.  
 48.1      Sec. 69.  Minnesota Statutes 1996, section 253B.12, 
 48.2   subdivision 4, is amended to read: 
 48.3      Subd. 4.  [HEARING; STANDARD OF PROOF.] The committing 
 48.4   court shall not make a final determination of the need to 
 48.5   continue commitment unless a hearing is held and the court finds 
 48.6   by clear and convincing evidence that (1) the person continues 
 48.7   to be mentally ill, mentally retarded, or chemically dependent; 
 48.8   (2) involuntary commitment is necessary for the protection of 
 48.9   the patient or others; and (3) there is no alternative to 
 48.10  involuntary commitment.  
 48.11     In determining whether a person continues to be mentally 
 48.12  ill, chemically dependent, or mentally retarded, the court need 
 48.13  not find that there has been a recent attempt or threat to 
 48.14  physically harm self or others, or a recent failure to provide 
 48.15  necessary personal food, clothing, shelter, or medical care.  
 48.16  Instead, the court must find that the patient is likely to 
 48.17  attempt to physically harm self or others, or to fail to provide 
 48.18  necessary personal food, clothing, shelter, or medical care 
 48.19  unless involuntary commitment is continued.  
 48.20     Sec. 70.  Minnesota Statutes 1996, section 253B.13, 
 48.21  subdivision 1, is amended to read: 
 48.22     Subdivision 1.  [MENTALLY ILL OR CHEMICALLY DEPENDENT 
 48.23  PERSONS.] If at the conclusion of a review hearing held pursuant 
 48.24  to section 253B.12, it is found that the criteria for continued 
 48.25  commitment have been satisfied, the court finds that the person 
 48.26  continues to be mentally ill or chemically dependent and in need 
 48.27  of treatment or supervision, the court shall determine the 
 48.28  probable length of continued commitment necessary.  No period of 
 48.29  commitment shall exceed this length of time or 12 months, 
 48.30  whichever is less.  
 48.31     At the conclusion of the prescribed period, commitment may 
 48.32  not be continued unless a new petition is filed pursuant to 
 48.33  section 253B.07 and hearing and determination made on it. 
 48.34  Notwithstanding the provisions of section 253B.09, subdivision 
 48.35  5, the initial commitment period under the new petition shall be 
 48.36  the probable length of commitment necessary or 12 months, 
 49.1   whichever is less.  The standard of proof at the hearing on the 
 49.2   new petition shall be the standard specified in section 253B.12, 
 49.3   subdivision 4.  
 49.4      Sec. 71.  Minnesota Statutes 1996, section 253B.13, 
 49.5   subdivision 2, is amended to read: 
 49.6      Subd. 2.  [MENTALLY RETARDED PERSONS.] If, at the 
 49.7   conclusion of a review hearing held pursuant to section 253B.12, 
 49.8   it is found the court finds that the person continues to be 
 49.9   mentally retarded, the court shall order commitment of the 
 49.10  person for an indeterminate period of time, subject to the 
 49.11  reviews required by section 253B.03, subdivisions 5 and 7, and 
 49.12  subject to the right of the patient to seek judicial review of 
 49.13  continued commitment. 
 49.14     Sec. 72.  Minnesota Statutes 1996, section 253B.14, is 
 49.15  amended to read: 
 49.16     253B.14 [TRANSFER OF COMMITTED PERSONS.] 
 49.17     The commissioner may transfer any committed person, other 
 49.18  than a person committed as mentally ill and dangerous to the 
 49.19  public, from one regional treatment center to any other 
 49.20  institution treatment facility under the commissioner's 
 49.21  jurisdiction which is capable of providing proper care and 
 49.22  treatment.  When a committed person is transferred from one 
 49.23  treatment facility to another, written notice shall be given to 
 49.24  the committing court, the county attorney, the patient's 
 49.25  counsel, and to the person's parent or spouse or, if none is 
 49.26  known, to an interested person, and the designated agency.  
 49.27     Sec. 73.  [253B.141] [AUTHORITY TO DETAIN AND TRANSPORT A 
 49.28  MISSING PATIENT.] 
 49.29     Subdivision 1.  [REPORT OF ABSENCE.] (a) If a patient 
 49.30  committed under this chapter or detained under a court-ordered 
 49.31  hold is absent without authorization, and either:  (1) does not 
 49.32  return voluntarily within 72 hours of the time the unauthorized 
 49.33  absence began; or (2) is considered by the head of the treatment 
 49.34  facility to be a danger to self or others, then the head of the 
 49.35  treatment facility shall report the absence to the local law 
 49.36  enforcement agency.  The head of the treatment facility shall 
 50.1   also notify the committing court that the patient is absent and 
 50.2   that the absence has been reported to the local law enforcement 
 50.3   agency.  The committing court may issue an order directing the 
 50.4   law enforcement agency to transport the patient to an 
 50.5   appropriate facility. 
 50.6      (b) Upon receiving a report that a patient subject to this 
 50.7   section is absent without authorization, the local law 
 50.8   enforcement agency shall enter information on the patient 
 50.9   through the criminal justice information system into the missing 
 50.10  persons file of the National Crime Information Center computer 
 50.11  according to the missing persons practices. 
 50.12     Subd. 2.  [APPREHENSION; RETURN TO FACILITY.] (a) Upon 
 50.13  receiving the report of absence from the head of the treatment 
 50.14  facility or the committing court, a patient may be apprehended 
 50.15  and held by a peace officer in any jurisdiction pending return 
 50.16  to the facility from which the patient is absent without 
 50.17  authorization.  A patient may also be returned to any facility 
 50.18  operated by the commissioner.  A mentally ill and dangerous 
 50.19  person, a sexual psychopathic personality patient, or a sexually 
 50.20  dangerous person committed under section 253B.18 and detained 
 50.21  under this subdivision may be held in a jail or lockup only if: 
 50.22     (1) there is no other feasible place of detention for the 
 50.23  patient; 
 50.24     (2) the detention is for less than 24 hours; and 
 50.25     (3) there are protections in place, including segregation 
 50.26  of the patient, to ensure the safety of the patient. 
 50.27     (b) If a patient is detained under this subdivision, the 
 50.28  head of the treatment facility from which the patient is absent 
 50.29  shall arrange to pick up the patient within 24 hours of the time 
 50.30  detention was begun and shall be responsible for securing 
 50.31  transportation for the patient to the facility.  The expense of 
 50.32  detaining and transporting a patient shall be the responsibility 
 50.33  of the treatment facility from which the patient is absent.  The 
 50.34  expense of detaining and transporting a patient to a treatment 
 50.35  facility operated by the department of human services shall be 
 50.36  paid by the commissioner unless paid by the patient or persons 
 51.1   on behalf of the patient.  
 51.2      Subd. 3.  [NOTICE OF APPREHENSION.] Immediately after an 
 51.3   absent patient is located, the head of the treatment facility 
 51.4   from which the patient is absent, or the law enforcement agency 
 51.5   that located or returned the absent patient, shall notify the 
 51.6   law enforcement agency that first received the absent patient 
 51.7   report under this section and that agency shall cancel the 
 51.8   missing persons entry from the National Crime Information Center 
 51.9   computer. 
 51.10     Sec. 74.  Minnesota Statutes 1996, section 253B.15, 
 51.11  subdivision 1, is amended to read: 
 51.12     Subdivision 1.  [PROVISIONAL DISCHARGE.] The head of the 
 51.13  treatment facility may provisionally discharge any patient 
 51.14  without discharging the commitment, unless the patient was found 
 51.15  by the committing court to be mentally ill and dangerous to the 
 51.16  public. 
 51.17     Each patient released on provisional discharge shall have 
 51.18  an a written aftercare plan developed which specifies the 
 51.19  services and treatment to be provided as part of the aftercare 
 51.20  plan, the financial resources available to pay for the services 
 51.21  specified, the expected period of provisional discharge, the 
 51.22  precise goals for the granting of a final discharge, and 
 51.23  conditions or restrictions on the patient during the period of 
 51.24  the provisional discharge.  The aftercare plan shall be provided 
 51.25  to the patient, the patient's attorney, and the designated 
 51.26  agency. 
 51.27     The aftercare plan shall be reviewed on a quarterly basis 
 51.28  by the patient, designated agency and other appropriate persons. 
 51.29  The aftercare plan shall contain the grounds upon which a 
 51.30  provisional discharge may be revoked.  The provisional discharge 
 51.31  shall terminate on the date specified in the plan unless 
 51.32  specific action is taken to revoke or extend it.  
 51.33     Sec. 75.  Minnesota Statutes 1996, section 253B.15, 
 51.34  subdivision 1a, is amended to read: 
 51.35     Subd. 1a.  [CASE MANAGER REPRESENTATIVE OF DESIGNATED 
 51.36  AGENCY.] Before a provisional discharge is granted, a 
 52.1   representative of the designated agency must be identified as 
 52.2   the case manager.  The case manager shall to ensure continuity 
 52.3   of care by being involved with the treatment facility and the 
 52.4   patient prior to the provisional discharge.  The case manager 
 52.5   representative of the designated agency shall coordinate plans 
 52.6   for and monitor the patient's aftercare program.  When the 
 52.7   patient is on a provisional discharge, the representative of the 
 52.8   designated agency shall provide the treatment report to the 
 52.9   court required under section 253B.12, subdivision 1. 
 52.10     Sec. 76.  Minnesota Statutes 1996, section 253B.15, 
 52.11  subdivision 2, is amended to read: 
 52.12     Subd. 2.  [REVOCATION OF PROVISIONAL DISCHARGE.] The head 
 52.13  of the treatment facility designated agency may revoke a 
 52.14  provisional discharge if: 
 52.15     (i) The patient has violated material conditions of the 
 52.16  provisional discharge, and the violation creates the need to 
 52.17  return the patient to the facility a more restrictive setting; 
 52.18  or, 
 52.19     (ii) There exists a serious likelihood that the safety of 
 52.20  the patient or others will be jeopardized, in that either the 
 52.21  patient's need for food, clothing, shelter, or medical care are 
 52.22  not being met, or will not be met in the near future, or the 
 52.23  patient has attempted or threatened to seriously physically harm 
 52.24  self or others; and 
 52.25     (iii) revocation is the least restrictive alternative 
 52.26  available.  
 52.27     Any interested person, including the designated agency, may 
 52.28  request that the head of the treatment facility designated 
 52.29  agency revoke the patient's provisional discharge.  Any person 
 52.30  making a request shall provide the head of the treatment 
 52.31  facility designated agency with a written report setting forth 
 52.32  the specific facts, including witnesses, dates and locations, 
 52.33  supporting a revocation, demonstrating that every effort has 
 52.34  been made to avoid revocation and that revocation is the least 
 52.35  restrictive alternative available.  
 52.36     Sec. 77.  Minnesota Statutes 1996, section 253B.15, 
 53.1   subdivision 3, is amended to read: 
 53.2      Subd. 3.  [PROCEDURE; NOTICE.] When the possibility of 
 53.3   revocation becomes apparent, the designated agency shall notify 
 53.4   the patient, the patient's attorney, and all participants in the 
 53.5   plan, and every effort shall be made to prevent revocation.  
 53.6      Revocation shall be commenced by a the designated agency's 
 53.7   written notice of intent to revoke provisional discharge, which 
 53.8   shall be served upon given to the patient, the patient's 
 53.9   attorney, and the designated agency treatment facility.  The 
 53.10  notice shall set forth the grounds upon which the intention to 
 53.11  revoke is based, and shall inform the patient of the rights of a 
 53.12  patient under this chapter.  
 53.13     Sec. 78.  Minnesota Statutes 1996, section 253B.15, is 
 53.14  amended by adding a subdivision to read: 
 53.15     Subd. 3a.  [REPORT TO THE COURT.] Within 48 hours of giving 
 53.16  notice to the patient, the designated agency shall file with the 
 53.17  court a copy of the notice and a report setting forth the 
 53.18  specific facts, including witnesses, dates and locations, which 
 53.19  (1) support revocation, (2) demonstrate that revocation is the 
 53.20  least restrictive alternative available, and (3) show that 
 53.21  specific efforts were made to avoid revocation.  The designated 
 53.22  agency shall provide copies of the report to the patient, the 
 53.23  patient's attorney, the county attorney, and the treatment 
 53.24  facility within 48 hours of giving notice to the patient under 
 53.25  subdivision 3. 
 53.26     Sec. 79.  Minnesota Statutes 1996, section 253B.15, is 
 53.27  amended by adding a subdivision to read: 
 53.28     Subd. 3b.  [REVIEW.] The patient may request judicial 
 53.29  review of the intended revocation by filing a petition for 
 53.30  review and an affidavit with the committing court.  The 
 53.31  affidavit shall state specific grounds for opposing the 
 53.32  revocation.  If the patient does not file a petition for review 
 53.33  within five days of receiving the notice under subdivision 3, 
 53.34  revocation of the provisional discharge is final and the court, 
 53.35  without hearing, may order the patient into a treatment 
 53.36  facility.  If the patient files a petition for review, the court 
 54.1   shall review the petition and determine whether a genuine issue 
 54.2   exists as to the propriety of the revocation.  The burden of 
 54.3   proof is on the designated agency to show that no genuine issue 
 54.4   exists as to the propriety of the revocation.  If the court 
 54.5   finds that no genuine issue exists as to the propriety of the 
 54.6   revocation, the revocation of the provisional discharge is final.
 54.7      Sec. 80.  Minnesota Statutes 1996, section 253B.15, is 
 54.8   amended by adding a subdivision to read: 
 54.9      Subd. 3c.  [HEARING.] If the court finds under subdivision 
 54.10  3b that a genuine issue exists as to the propriety of the 
 54.11  revocation, the court shall hold a hearing on the petition 
 54.12  within three days after the patient files the petition.  The 
 54.13  court may continue the review hearing for an additional five 
 54.14  days upon any party's showing of good cause.  At the hearing, 
 54.15  the burden of proof is on the designated agency to show a 
 54.16  factual basis for the revocation.  At the conclusion of the 
 54.17  hearing, the court shall make specific findings of fact.  The 
 54.18  court shall affirm the revocation if it finds: 
 54.19     (1) a factual basis for revocation due to: 
 54.20     (i) a violation of the material conditions of the 
 54.21  provisional discharge that creates a need for the patient to 
 54.22  return to a more restrictive setting; or 
 54.23     (ii) a probable danger of harm to the patient or others if 
 54.24  the provisional discharge is not revoked; and 
 54.25     (2) that revocation is the least restrictive alternative 
 54.26  available. 
 54.27     If the court does not affirm the revocation, the court 
 54.28  shall order the patient returned to provisional discharge status.
 54.29     Sec. 81.  Minnesota Statutes 1996, section 253B.15, 
 54.30  subdivision 5, is amended to read: 
 54.31     Subd. 5.  [RETURN TO FACILITY.] The case manager may When 
 54.32  the designated agency serves notice of the intent to revoke a 
 54.33  patient's provisional discharge, it may also apply to the 
 54.34  committing court for an order directing that the patient be 
 54.35  returned to the a facility.  The court may order the patient 
 54.36  returned to the a facility prior to a review hearing only upon 
 55.1   finding that immediate return to the a facility is necessary to 
 55.2   avoid serious, imminent harm to the patient or others because 
 55.3   there is a serious likelihood that the safety of the patient or 
 55.4   others will be jeopardized, in that (1) the patient's need for 
 55.5   food, clothing, shelter, or medical care is not being met, or 
 55.6   will not be met in the near future, or (2) the patient has 
 55.7   attempted or threatened to seriously harm self or others.  If a 
 55.8   voluntary return is not arranged, the head of the treatment 
 55.9   facility may request a health officer, a welfare officer, or a 
 55.10  peace officer to return the patient to the treatment facility 
 55.11  from which the patient was released or to any other treatment 
 55.12  facility which consents to receive the patient.  If necessary, 
 55.13  the head of the treatment facility may request the committing 
 55.14  court to direct a health or peace officer in the county where 
 55.15  the patient is located to return the patient to the treatment 
 55.16  facility or to another treatment facility which consents to 
 55.17  receive the patient.  The expense of returning the patient to a 
 55.18  regional treatment facility center shall be paid by the 
 55.19  commissioner unless paid by the patient or the patient's 
 55.20  relatives.  If the court orders the patient to return to the 
 55.21  treatment facility and the patient wants judicial review of the 
 55.22  revocation, the patient must file the petition for review and 
 55.23  affidavit required under subdivision 3b within 48 hours of 
 55.24  receipt of the notice of the intent to revoke.  
 55.25     Sec. 82.  Minnesota Statutes 1996, section 253B.15, 
 55.26  subdivision 10, is amended to read: 
 55.27     Subd. 10.  [VOLUNTARY RETURN.] With the consent of the head 
 55.28  of the treatment facility, a patient may voluntarily return to 
 55.29  inpatient status at the treatment facility as follows:  
 55.30     (a) As an informal a voluntary patient, in which case the 
 55.31  patient's commitment is discharged; 
 55.32     (b) As a committed patient, in which case the patient's 
 55.33  provisional discharge is voluntarily revoked; or 
 55.34     (c) On temporary return from provisional discharge, in 
 55.35  which case both the commitment and the provisional discharge 
 55.36  remain in effect.  
 56.1      Prior to readmission, the patient shall be informed of 
 56.2   status upon readmission.  
 56.3      Sec. 83.  Minnesota Statutes 1996, section 253B.16, 
 56.4   subdivision 1, is amended to read: 
 56.5      Subdivision 1.  [DATE.] The head of a treatment facility 
 56.6   shall discharge any patient admitted as mentally ill or, 
 56.7   chemically dependent, or a person with mental retardation 
 56.8   admitted under Minnesota Rules of Criminal Procedure, rules 
 56.9   20.01 and 20.02, to the secure bed component of the Minnesota 
 56.10  extended treatment options when certified by the head of the 
 56.11  facility to be certifies that the person is no longer in need of 
 56.12  institutional care and treatment or at the conclusion of any 
 56.13  period of time specified in the commitment order, whichever 
 56.14  occurs first.  The head of a treatment facility shall discharge 
 56.15  any person admitted as mentally retarded, except those admitted 
 56.16  under Minnesota Rules of Criminal Procedure, rules 20.01 and 
 56.17  20.02, to the secure bed component of the Minnesota extended 
 56.18  treatment options, when that person's screening team has 
 56.19  determined, under section 256B.092, subdivision 8, that the 
 56.20  person's needs can be met by services provided in the community 
 56.21  and a plan has been developed in consultation with the 
 56.22  interdisciplinary team to place the person in the available 
 56.23  community services.  
 56.24     Sec. 84.  Minnesota Statutes 1996, section 253B.17, 
 56.25  subdivision 1, is amended to read: 
 56.26     Subdivision 1.  [PETITION.] Any patient, except one 
 56.27  committed as mentally ill and dangerous to the public, or any 
 56.28  interested person may petition the committing court or the court 
 56.29  to which venue has been transferred for an order that the 
 56.30  patient is not in need of continued institutionalization care 
 56.31  and treatment or for an order that an individual is no longer 
 56.32  mentally ill, mentally retarded, or chemically dependent, or for 
 56.33  any other relief as the court deems just and equitable.  A 
 56.34  patient committed as mentally ill or mentally ill and dangerous 
 56.35  may petition the committing court or the court to which venue 
 56.36  has been transferred for a hearing concerning the administration 
 57.1   of neuroleptic medication.  
 57.2      Sec. 85.  Minnesota Statutes 1996, section 253B.17, 
 57.3   subdivision 3, is amended to read: 
 57.4      Subd. 3.  [EXAMINERS.] The court shall appoint an examiner 
 57.5   and, at the patient's request, shall appoint a second examiner 
 57.6   of the patient's choosing to be paid for by the county at a rate 
 57.7   of compensation to be fixed by the court.  Unless otherwise 
 57.8   agreed by the parties, the examiners shall file a report with 
 57.9   the court not less than 48 hours prior to the hearing under this 
 57.10  section. 
 57.11     Sec. 86.  Minnesota Statutes 1996, section 253B.18, 
 57.12  subdivision 1, is amended to read: 
 57.13     Subdivision 1.  [PROCEDURE.] Upon the filing of a petition 
 57.14  alleging that a proposed patient is mentally ill and dangerous 
 57.15  to the public, the court shall hear the petition as provided in 
 57.16  sections 253B.07 and 253B.08.  If the court finds by clear and 
 57.17  convincing evidence that the proposed patient is mentally ill 
 57.18  and dangerous to the public, it shall commit the person to the 
 57.19  Minnesota Security Hospital, a regional center designated by the 
 57.20  commissioner or to a secure treatment facility or to a treatment 
 57.21  facility willing to accept the patient under commitment.  In any 
 57.22  case where the petition was filed immediately following the 
 57.23  acquittal of the proposed patient for a crime against the person 
 57.24  pursuant to a verdict of not guilty by reason of mental illness, 
 57.25  the verdict constitutes evidence that the proposed patient is 
 57.26  mentally ill and dangerous within the meaning of this section 
 57.27  and shifts.  The proposed patient has the burden of going 
 57.28  forward in the presentation of evidence to the proposed patient; 
 57.29  provided that.  The standard of proof remains as required by 
 57.30  this chapter.  Upon commitment, admission procedures shall be 
 57.31  carried out pursuant to section 253B.10.  
 57.32     Sec. 87.  Minnesota Statutes 1996, section 253B.18, 
 57.33  subdivision 2, is amended to read: 
 57.34     Subd. 2.  [REVIEW; HEARING.] A written treatment report 
 57.35  shall be filed by the treatment facility with the committing 
 57.36  court within 60 days after commitment.  If the person is in the 
 58.1   custody of the commissioner of corrections when the initial 
 58.2   commitment is ordered under subdivision 1, the written treatment 
 58.3   report must be filed within 60 days after the person is admitted 
 58.4   to the Minnesota security hospital or a private hospital 
 58.5   receiving the person a secure treatment facility.  The court, 
 58.6   prior to making shall hold a hearing to make a final 
 58.7   determination with regard to a as to whether the person 
 58.8   initially should remain committed as mentally ill and dangerous 
 58.9   to the public, shall hold a hearing.  The hearing shall be held 
 58.10  within the earlier of 14 days of the court's receipt of the 
 58.11  written treatment report, if one is filed, or within 90 days of 
 58.12  the date of initial commitment or admission, unless otherwise 
 58.13  agreed by the parties.  If the court finds that the 
 58.14  patient qualifies for commitment should be committed as mentally 
 58.15  ill, but not as mentally ill and dangerous to the public, the 
 58.16  court may commit the person as a mentally ill person and the 
 58.17  person shall be deemed not to have been found to be dangerous to 
 58.18  the public for the purposes of subdivisions 4 to 15.  Failure of 
 58.19  the treatment facility to provide the required report at the end 
 58.20  of the 60-day period shall not result in automatic discharge of 
 58.21  the patient.  
 58.22     Sec. 88.  Minnesota Statutes 1996, section 253B.18, 
 58.23  subdivision 3, is amended to read: 
 58.24     Subd. 3.  [INDETERMINATE COMMITMENT.] If the court finds at 
 58.25  the final determination hearing held pursuant to subdivision 2 
 58.26  that the patient continues to be mentally ill and dangerous, 
 58.27  then the court shall order commitment of the proposed patient 
 58.28  for an indeterminate period of time.  Subsequent to After a 
 58.29  final determination that a patient is mentally ill and dangerous 
 58.30  to the public, the patient shall be transferred, provisionally 
 58.31  discharged or discharged, only as provided in this section.  
 58.32     Sec. 89.  Minnesota Statutes 1996, section 253B.18, 
 58.33  subdivision 4, is amended to read: 
 58.34     Subd. 4.  [SPECIAL REVIEW BOARD.] The commissioner shall 
 58.35  establish a special review board for persons committed as 
 58.36  mentally ill and dangerous to the public.  The board shall 
 59.1   consist of three members experienced in the field of mental 
 59.2   illness.  One member of the special review board shall be a 
 59.3   physician psychiatrist and one member shall be an attorney.  No 
 59.4   member shall be affiliated with the department of human 
 59.5   services.  The special review board shall meet at least every 
 59.6   six months and at the call of the commissioner.  It shall hear 
 59.7   and consider all petitions for transfer out of the Minnesota 
 59.8   Security Hospital a secure treatment facility, all petitions 
 59.9   relative to for discharge, provisional discharge and revocation 
 59.10  of provisional discharge, and make recommendations to the 
 59.11  commissioner concerning them.  Patients may be transferred by 
 59.12  the commissioner between secure treatment facilities without a 
 59.13  special review board hearing. 
 59.14     Members of the special review board shall receive 
 59.15  compensation and reimbursement for expenses as established by 
 59.16  the commissioner. 
 59.17     Sec. 90.  Minnesota Statutes 1996, section 253B.18, 
 59.18  subdivision 4a, is amended to read: 
 59.19     Subd. 4a.  [RELEASE ON PASS; NOTIFICATION.] A patient who 
 59.20  has been committed as mentally ill and dangerous and who is 
 59.21  confined at the Minnesota security hospital a secure treatment 
 59.22  facility shall not be released on a pass unless the pass is part 
 59.23  of a pass plan that has been approved by the medical director of 
 59.24  the Minnesota security hospital secure treatment facility.  At 
 59.25  least ten days prior to a determination on the plan, the medical 
 59.26  director shall notify the designated agency, the committing 
 59.27  court, the county attorney of the county of commitment, an 
 59.28  interested person, the petitioner, and the petitioner's counsel 
 59.29  of the plan, the nature of the passes proposed, and their right 
 59.30  to object to the plan.  If any notified person objects prior to 
 59.31  the proposed date of implementation, the person shall have an 
 59.32  opportunity to appear, personally or in writing, before the 
 59.33  medical director, within ten days of the objection, to present 
 59.34  grounds for opposing the plan.  The pass plan shall not be 
 59.35  implemented until the objecting person has been furnished that 
 59.36  opportunity.  Nothing in this subdivision shall be construed to 
 60.1   give a patient an affirmative right to a pass plan.  
 60.2      Sec. 91.  Minnesota Statutes 1996, section 253B.18, 
 60.3   subdivision 4b, is amended to read: 
 60.4      Subd. 4b.  [PASS-ELIGIBLE STATUS; NOTIFICATION.] The 
 60.5   following patients committed to the Minnesota security hospital 
 60.6   a secure treatment facility shall not be placed on pass-eligible 
 60.7   status unless that status has been approved by the medical 
 60.8   director of the Minnesota security hospital secure treatment 
 60.9   facility:  
 60.10     (a) a patient who has been committed as mentally ill and 
 60.11  dangerous and who 
 60.12     (1) was found incompetent to proceed to trial for a felony 
 60.13  or was found not guilty by reason of mental illness of a felony 
 60.14  immediately prior to the filing of the commitment petition; 
 60.15     (2) was convicted of a felony immediately prior to or 
 60.16  during commitment as mentally ill and dangerous; or 
 60.17     (3) is subject to a commitment to the commissioner of 
 60.18  corrections; and 
 60.19     (b) a patient who has been committed as a psychopathic 
 60.20  personality, as defined in section 526.09 a sexually 
 60.21  psychopathic personality, or a sexually dangerous person.  
 60.22     At least ten days prior to a determination on the status, 
 60.23  the medical director shall notify the committing court, the 
 60.24  county attorney of the county of commitment, the designated 
 60.25  agency, an interested person, the petitioner, and the 
 60.26  petitioner's counsel of the proposed status, and their right to 
 60.27  request review by the special review board.  If within ten days 
 60.28  of receiving notice any notified person requests review by 
 60.29  filing a notice of objection with the commissioner and the head 
 60.30  of the treatment facility, a hearing shall be held before the 
 60.31  special review board.  The proposed status shall not be 
 60.32  implemented unless it receives a favorable recommendation by a 
 60.33  majority of the board and approval by the commissioner.  The 
 60.34  order of the commissioner is appealable as provided in section 
 60.35  253B.19.  
 60.36     Nothing in this subdivision shall be construed to give a 
 61.1   patient an affirmative right to seek pass-eligible status from 
 61.2   the special review board.  
 61.3      Sec. 92.  Minnesota Statutes 1996, section 253B.18, is 
 61.4   amended by adding a subdivision to read: 
 61.5      Subd. 4c.  [SPECIAL REVIEW BOARD.] (a) The commissioner 
 61.6   shall establish one or more panels of a special review board for 
 61.7   persons committed as mentally ill and dangerous to the public.  
 61.8   The board shall consist of three members experienced in the 
 61.9   field of mental illness.  One member of each special review 
 61.10  board panel shall be a psychiatrist and one member shall be an 
 61.11  attorney.  No member shall be affiliated with the department of 
 61.12  human services.  The special review board shall meet at least 
 61.13  every six months and at the call of the commissioner.  It shall 
 61.14  hear and consider all petitions for transfer from a secure 
 61.15  treatment facility; all petitions relative to discharge, 
 61.16  provisional discharge, and revocation of provisional discharge; 
 61.17  and make recommendations to the commissioner concerning them.  
 61.18     (b) Members of the special review board shall receive 
 61.19  compensation and reimbursement for expenses as established by 
 61.20  the commissioner. 
 61.21     Sec. 93.  Minnesota Statutes 1996, section 253B.18, 
 61.22  subdivision 5, is amended to read: 
 61.23     Subd. 5.  [PETITION; NOTICE OF HEARING; ATTENDANCE; ORDER.] 
 61.24  (a) A petition for an order of transfer, discharge, provisional 
 61.25  discharge, or revocation of provisional discharge shall be filed 
 61.26  with the commissioner and may be filed by the patient or by the 
 61.27  head of the treatment facility.  The special review board shall 
 61.28  hold a hearing on each petition prior to making any 
 61.29  recommendation.  Within 45 days of the filing of the petition, A 
 61.30  patient may not petition the special review board for six months 
 61.31  following commitment under subdivision 3 or following the final 
 61.32  disposition of any previous petition and subsequent appeal by 
 61.33  the patient.  The medical director may petition at any time.  
 61.34     (b) Fourteen days prior to the hearing, the committing 
 61.35  court, the county attorney of the county of commitment, the 
 61.36  designated agency, an interested person, the petitioner, and the 
 62.1   petitioner's counsel shall be given written notice by the 
 62.2   commissioner of the time and place of the hearing before the 
 62.3   special review board.  Only those entitled to statutory notice 
 62.4   of the hearing or those administratively required to attend may 
 62.5   be present at the hearing.  The board shall provide the 
 62.6   commissioner with written findings of fact and recommendations 
 62.7   within 21 days of the hearing.  The commissioner shall issue an 
 62.8   order no later than 14 days after receiving the recommendation 
 62.9   of the special review board.  A copy of the order shall be sent 
 62.10  by certified mail to every person entitled to statutory notice 
 62.11  of the hearing within five days after it is issued signed.  No 
 62.12  order by the commissioner shall be effective sooner than 15 30 
 62.13  days after it is issued the order is signed, unless the county 
 62.14  attorney, the patient, and the commissioner agree that it may 
 62.15  become effective sooner.  
 62.16     (c) The special review board shall hold a hearing on each 
 62.17  petition prior to making its recommendation to the 
 62.18  commissioner.  The special review board proceedings are not 
 62.19  contested cases as defined in chapter 14.  Any person or agency 
 62.20  receiving notice that submits documentary evidence to the 
 62.21  special review board prior to the hearing shall also provide 
 62.22  copies to the patient, the patient's counsel, the county 
 62.23  attorney of the county of commitment, the case manager, and the 
 62.24  commissioner. 
 62.25     (d) The special review board shall hold a hearing on each 
 62.26  petition prior to making any recommendation.  The special review 
 62.27  board shall make written findings and a recommendation to the 
 62.28  commissioner.  The board shall make a recommendation to the 
 62.29  commissioner no later than 21 days after the hearing. 
 62.30     (e) Prior to the final decision by the commissioner, the 
 62.31  special review board may be reconvened to consider events or 
 62.32  circumstances that occurred subsequent to the hearing. 
 62.33     Sec. 94.  Minnesota Statutes 1996, section 253B.18, 
 62.34  subdivision 6, is amended to read: 
 62.35     Subd. 6.  [TRANSFER.] (a) Persons who have been found by 
 62.36  the committing court to be Mentally ill and dangerous to the 
 63.1   public patients shall not be transferred out of the Minnesota 
 63.2   Security Hospital a secure treatment facility unless it appears 
 63.3   to the satisfaction of the commissioner, after a hearing and 
 63.4   favorable recommendation by a majority of the special review 
 63.5   board, that the transfer is appropriate.  Transfer may be to 
 63.6   other regional centers under the commissioner's control.  In 
 63.7   those instances where a commitment also exists to the department 
 63.8   of corrections, transfer may be to a facility designated by the 
 63.9   commissioner of corrections.  
 63.10     The following factors are to must be considered in 
 63.11  determining whether a transfer is appropriate:  
 63.12     (i) the person's clinical progress and present treatment 
 63.13  needs; 
 63.14     (ii) the need for security to accomplish continuing 
 63.15  treatment; 
 63.16     (iii) the need for continued institutionalization; 
 63.17     (iv) which facility can best meet the person's needs; and 
 63.18     (v) whether transfer can be accomplished with a reasonable 
 63.19  degree of safety for the public.  
 63.20     Sec. 95.  Minnesota Statutes 1996, section 253B.18, 
 63.21  subdivision 7, is amended to read: 
 63.22     Subd. 7.  [PROVISIONAL DISCHARGE.] Patients who have been 
 63.23  found by the committing court to be Mentally ill and dangerous 
 63.24  to the public patients shall not be provisionally discharged 
 63.25  unless it appears to the satisfaction of the commissioner, after 
 63.26  a hearing and a favorable recommendation by a majority of the 
 63.27  special review board, that the patient is capable of making an 
 63.28  acceptable adjustment to open society.  
 63.29     The following factors are to be considered in determining 
 63.30  whether a provisional discharge shall be recommended:  (a) 
 63.31  whether the patient's course of hospitalization and present 
 63.32  mental status indicate there is no longer a need for inpatient 
 63.33  treatment and supervision in the patient's current treatment 
 63.34  setting; and (b) whether the conditions of the provisional 
 63.35  discharge plan will provide a reasonable degree of protection to 
 63.36  the public and will enable the patient to adjust successfully to 
 64.1   the community.  
 64.2      Sec. 96.  Minnesota Statutes 1996, section 253B.18, 
 64.3   subdivision 9, is amended to read: 
 64.4      Subd. 9.  [PROVISIONAL DISCHARGE; REVIEW.] A provisional 
 64.5   discharge pursuant to this section shall not automatically 
 64.6   terminate.  A full discharge shall occur only as provided in 
 64.7   subdivision 15.  The commissioner shall annually review the 
 64.8   facts relating to the activity of a patient on provisional 
 64.9   discharge and notify the patient that the terms of the a 
 64.10  provisional discharge shall continue unless the patient requests 
 64.11  and is granted a change in the conditions of provisional 
 64.12  discharge or unless the patient petitions the special review 
 64.13  board for a full discharge and the discharge is granted.  
 64.14     Sec. 97.  Minnesota Statutes 1996, section 253B.18, 
 64.15  subdivision 12, is amended to read: 
 64.16     Subd. 12.  [RETURN OF PATIENT.] After revocation of a 
 64.17  provisional discharge or if the patient is absent without 
 64.18  authorization, the head of the treatment facility may request 
 64.19  the patient to return to the treatment facility voluntarily.  
 64.20  The head of the facility may request a health officer, a welfare 
 64.21  officer, or a peace officer to return the patient to the 
 64.22  treatment facility.  If a voluntary return is not arranged, the 
 64.23  head of the treatment facility shall inform the committing court 
 64.24  of the revocation or absence and the court shall direct a health 
 64.25  or peace officer in the county where the patient is located to 
 64.26  return the patient to the treatment facility or to another 
 64.27  treatment facility.  The expense of returning the patient to a 
 64.28  regional treatment facility center shall be paid by the 
 64.29  commissioner unless paid by the patient or the patient's 
 64.30  relatives other persons on the patient's behalf.  
 64.31     Sec. 98.  Minnesota Statutes 1996, section 253B.18, 
 64.32  subdivision 14, is amended to read: 
 64.33     Subd. 14.  [VOLUNTARY READMISSION.] (a) With the consent of 
 64.34  the head of the treatment facility, a patient may voluntarily 
 64.35  return from provisional discharge for a period of up to 30 
 64.36  days and be released from the treatment facility without, or up 
 65.1   to 60 days with the consent of the designated agency.  If the 
 65.2   patient is not returned to provisional discharge status within 
 65.3   60 days, the provisional discharge is revoked.  Within 15 days 
 65.4   of receiving notice of the change in status, the patient may 
 65.5   request a review of the matter before the special review board.  
 65.6   The board may recommend a return to a provisional discharge 
 65.7   status. 
 65.8      (b) The treatment facility is not required to petition for 
 65.9   a further review by the special review board unless the 
 65.10  patient's return to the community results in substantive change 
 65.11  to the existing provisional discharge plan.  All the terms and 
 65.12  conditions of the provisional discharge order shall remain 
 65.13  unchanged if the patient is released again.  
 65.14     Sec. 99.  Minnesota Statutes 1996, section 253B.18, 
 65.15  subdivision 15, is amended to read: 
 65.16     Subd. 15.  [DISCHARGE.] A person who has been found by the 
 65.17  committing court to be mentally ill and dangerous to the public 
 65.18  patient shall not be discharged unless it appears to the 
 65.19  satisfaction of the commissioner, after a hearing and a 
 65.20  favorable recommendation by a majority of the special review 
 65.21  board, that the patient is capable of making an acceptable 
 65.22  adjustment to open society, is no longer dangerous to the 
 65.23  public, and is no longer in need of inpatient treatment and 
 65.24  supervision.  
 65.25     In determining whether a discharge shall be recommended, 
 65.26  the special review board and commissioner shall consider whether 
 65.27  specific conditions exist to provide a reasonable degree of 
 65.28  protection to the public and to assist the patient in adjusting 
 65.29  to the community.  If the desired conditions do not exist, the 
 65.30  discharge shall not be granted.  
 65.31     Sec. 100.  Minnesota Statutes 1996, section 253B.185, 
 65.32  subdivision 4, is amended to read: 
 65.33     Subd. 4.  [STATEWIDE JUDICIAL PANEL; SEXUAL PSYCHOPATHIC 
 65.34  PERSONALITY AND SEXUALLY DANGEROUS PERSONS COMMITMENTS.] (a) The 
 65.35  supreme court may establish a panel of district judges with 
 65.36  statewide authority to preside over commitment proceedings 
 66.1   brought under subdivision 1 of sexual psychopathic personalities 
 66.2   and sexually dangerous persons.  Only one judge of the panel is 
 66.3   required to preside over a particular commitment proceeding.  
 66.4   Panel members shall serve for one-year terms.  One of the judges 
 66.5   shall be designated as the chief judge of the panel, and is 
 66.6   vested with the power to designate the presiding judge in a 
 66.7   particular case, to set the proper venue for the proceedings, 
 66.8   and to otherwise supervise and direct the operation of the 
 66.9   panel.  The chief judge shall designate one of the other judges 
 66.10  to act as chief judge whenever the chief judge is unable to act. 
 66.11     (b) If the supreme court creates the judicial panel 
 66.12  authorized by this section, all petitions for civil commitment 
 66.13  brought under subdivision 1 shall be filed with the supreme 
 66.14  court instead of with the district court in the county where the 
 66.15  proposed patient is present, notwithstanding any provision of 
 66.16  subdivision 1 to the contrary.  Otherwise, all of the other 
 66.17  applicable procedures contained in this chapter apply to 
 66.18  commitment proceedings conducted by a judge on the panel. 
 66.19     Sec. 101.  Minnesota Statutes 1996, section 253B.19, 
 66.20  subdivision 1, is amended to read: 
 66.21     Subdivision 1.  [CREATION.] The supreme court shall 
 66.22  establish an appeal panel composed of three judges and four 
 66.23  alternate judges appointed from among the acting judges of the 
 66.24  state.  Panel members shall serve for terms of one year each.  
 66.25  Only three judges need hear any case.  One of the regular three 
 66.26  appointed judges shall be designated as the chief judge of the 
 66.27  appeal panel.  The chief judge is vested with power to fix the 
 66.28  time and place of all hearings before the panel, issue all 
 66.29  notices, subpoena witnesses, appoint counsel for the patient, if 
 66.30  necessary, and supervise and direct the operation of the appeal 
 66.31  panel.  The chief judge shall designate one of the other judges 
 66.32  or an alternate judge to act as chief judge in any case where 
 66.33  the chief judge is unable to act.  No member of the appeal panel 
 66.34  shall take part in the consideration of any case in which that 
 66.35  judge committed the patient.  The chief justice of the supreme 
 66.36  court shall determine the compensation of the judges serving on 
 67.1   the appeal panel.  The compensation shall be in addition to 
 67.2   their regular compensation as judges.  All compensation and 
 67.3   expenses of the appeal panel and all allowable fees and costs of 
 67.4   the patient's counsel shall be established and paid by the 
 67.5   department of human services.  
 67.6      Sec. 102.  Minnesota Statutes 1996, section 253B.19, 
 67.7   subdivision 2, is amended to read: 
 67.8      Subd. 2.  [PETITION; HEARING.] The committed person or the 
 67.9   county attorney of the county from which a patient was committed 
 67.10  as mentally ill and dangerous to the public was committed, or as 
 67.11  a sexual psychopathic personality or as a sexually dangerous 
 67.12  person may petition the appeal panel for a rehearing and 
 67.13  reconsideration of a decision by the commissioner.  The petition 
 67.14  shall be filed with the supreme court within 30 days after the 
 67.15  decision of the commissioner is signed.  The supreme court shall 
 67.16  refer the petition to the chief judge of the appeal panel.  The 
 67.17  chief judge shall notify the patient, the county attorney of the 
 67.18  county of commitment, the designated agency, the commissioner, 
 67.19  the head of the treatment facility, any interested person, and 
 67.20  other persons the chief judge designates, of the time and place 
 67.21  of the hearing on the petition.  The notice shall be given at 
 67.22  least 14 days prior to the date of the hearing.  The hearing 
 67.23  shall be within 45 days of the filing of the petition unless an 
 67.24  extension is granted for good cause.  Any person may oppose the 
 67.25  petition.  The appeal panel may appoint examiners and may 
 67.26  adjourn the hearing from time to time.  It shall hear and 
 67.27  receive all relevant testimony and evidence and make a record of 
 67.28  all proceedings.  The patient, patient's counsel, and the county 
 67.29  attorney of the committing county may be present and present and 
 67.30  cross-examine all witnesses.  The petitioning party bears the 
 67.31  burden of going forward with the evidence.  The party opposing 
 67.32  discharge bears the burden of proof by clear and convincing 
 67.33  evidence that the respondent is in need of commitment. 
 67.34     Sec. 103.  Minnesota Statutes 1996, section 253B.19, 
 67.35  subdivision 3, is amended to read: 
 67.36     Subd. 3.  [DECISION.] A majority of the appeal panel shall 
 68.1   rule upon the petition.  The order of the appeal panel shall 
 68.2   supersede the order of the commissioner in the cases.  No order 
 68.3   of the appeal panel granting a transfer, discharge or 
 68.4   provisional discharge shall be made effective sooner than 15 
 68.5   days after it is issued.  The panel shall not modify conditions 
 68.6   of a transfer or provisional discharge from those approved by 
 68.7   the commissioner without the commissioner's consent.  The panel 
 68.8   may not consider petitions for relief other than those 
 68.9   considered by the commissioner from which the appeal is taken.  
 68.10  The panel may not grant a transfer or provisional discharge on 
 68.11  terms or conditions that were not presented to the commissioner 
 68.12  or the special review board. 
 68.13     Sec. 104.  Minnesota Statutes 1996, section 253B.19, 
 68.14  subdivision 5, is amended to read: 
 68.15     Subd. 5.  [APPEAL.] A party aggrieved by an order of the 
 68.16  appeal panel may appeal from the decision of the appeal panel to 
 68.17  the court of appeals as in other civil cases.  A party may seek 
 68.18  review of a decision by the appeals panel within 60 days after a 
 68.19  copy is sent to the parties by the clerk of appellate courts.  
 68.20  The filing of an appeal shall immediately suspend the operation 
 68.21  of any order granting transfer, discharge or provisional 
 68.22  discharge, pending the determination of the appeal. 
 68.23     Sec. 105.  Minnesota Statutes 1996, section 253B.20, 
 68.24  subdivision 1, is amended to read: 
 68.25     Subdivision 1.  [NOTICE TO COURT.] When a committed person 
 68.26  is discharged, provisionally discharged, transferred to another 
 68.27  treatment facility, or partially hospitalized, or when the 
 68.28  person dies, is absent without authorization, or is returned, 
 68.29  the treatment facility having custody of the patient shall 
 68.30  notify the committing court, the county attorney, and the 
 68.31  patient's attorney.  
 68.32     Sec. 106.  Minnesota Statutes 1996, section 253B.20, 
 68.33  subdivision 3, is amended to read: 
 68.34     Subd. 3.  [NOTICE TO DESIGNATED AGENCY.] The head of the 
 68.35  treatment facility, upon the provisional discharge or partial 
 68.36  institutionalization of any committed person, shall notify the 
 69.1   designated agency before the patient leaves the treatment 
 69.2   facility.  Whenever possible the notice shall be given at least 
 69.3   one week before the patient is to leave the facility.  
 69.4      Sec. 107.  Minnesota Statutes 1996, section 253B.20, 
 69.5   subdivision 4, is amended to read: 
 69.6      Subd. 4.  [AFTERCARE SERVICES.] Prior to the date of 
 69.7   discharge, or provisional discharge or partial 
 69.8   institutionalization of any committed person, the designated 
 69.9   agency of the county of the patient's residence, in cooperation 
 69.10  with the head of the treatment facility, and the patient's 
 69.11  physician, if notified pursuant to subdivision 6, shall 
 69.12  establish a continuing plan of aftercare services for the 
 69.13  patient including a plan for medical and psychiatric treatment, 
 69.14  nursing care, vocational assistance, and other assistance the 
 69.15  patient needs.  The designated agency shall provide case 
 69.16  management services, supervise and assist the patient in finding 
 69.17  employment, suitable shelter, and adequate medical and 
 69.18  psychiatric treatment, and aid in the patient's readjustment to 
 69.19  the community.  
 69.20     Sec. 108.  Minnesota Statutes 1996, section 253B.20, 
 69.21  subdivision 6, is amended to read: 
 69.22     Subd. 6.  [NOTICE TO PHYSICIAN.] The head of the treatment 
 69.23  facility shall notify the physician of any committed person at 
 69.24  the time of the patient's discharge, or provisional discharge or 
 69.25  partial institutionalization, unless the patient objects to the 
 69.26  notice.  
 69.27     Sec. 109.  Minnesota Statutes 1996, section 253B.20, 
 69.28  subdivision 7, is amended to read: 
 69.29     Subd. 7.  [SERVICES.] A committed person may at any time 
 69.30  after discharge, provisional discharge or partial 
 69.31  institutionalization treatment, apply to the head of the 
 69.32  treatment facility within whose district the committed person 
 69.33  resides for treatment.  The head of the treatment facility , on 
 69.34  determining that the applicant requires service, may provide 
 69.35  needed services related to mental illness, mental retardation, 
 69.36  or chemical dependency to the applicant.  The services shall be 
 70.1   provided in regional centers under terms and conditions 
 70.2   established by the commissioner.  
 70.3      Sec. 110.  Minnesota Statutes 1996, section 253B.21, 
 70.4   subdivision 4, is amended to read: 
 70.5      Subd. 4.  [FOREIGN JUDGMENTS.] The judgment or order of 
 70.6   commitment by a court of competent jurisdiction of another state 
 70.7   committing a person to a federal agency for care or treatment in 
 70.8   this state, shall have the same force and effect as to the 
 70.9   committed person while in this state as in the jurisdiction in 
 70.10  which is situated the court entering the judgment or making the 
 70.11  order.  Consent is given to the application of the law of The 
 70.12  committing state in respect consents to the authority of the 
 70.13  chief officer of any treatment facility of a federal agency in 
 70.14  this state, to retain custody of, transfer, parole, or discharge 
 70.15  the committed person.  
 70.16     Sec. 111.  Minnesota Statutes 1996, section 253B.22, 
 70.17  subdivision 1, is amended to read: 
 70.18     Subdivision 1.  [ESTABLISHMENT.] The commissioner shall 
 70.19  establish a review board of three or more persons for each 
 70.20  regional center to review the admission and retention of its 
 70.21  patients institutionalized receiving services under this chapter.
 70.22  One member shall be qualified in the diagnosis of mental 
 70.23  illness, mental retardation, or chemical dependency, and one 
 70.24  member shall be an attorney.  The commissioner may, upon written 
 70.25  request from the appropriate federal authority, establish a 
 70.26  review panel for any federal treatment facility within the state 
 70.27  to review the admission and retention of patients hospitalized 
 70.28  under this chapter.  For any review board established for a 
 70.29  federal treatment facility, one of the persons appointed by the 
 70.30  commissioner shall be the commissioner of veterans affairs or 
 70.31  the commissioner's designee.  
 70.32     Sec. 112.  Minnesota Statutes 1996, section 253B.23, 
 70.33  subdivision 1, is amended to read: 
 70.34     Subdivision 1.  [COSTS OF HEARINGS.] (a) In each proceeding 
 70.35  under this chapter the court shall allow and order paid to each 
 70.36  witness subpoenaed the fees and mileage prescribed by law; to 
 71.1   each examiner a reasonable sum for services and for travel; to 
 71.2   persons conveying the patient to the place of detention, 
 71.3   disbursements for the travel, board, and lodging of the patient 
 71.4   and of themselves and their authorized assistants; and to the 
 71.5   patient's counsel, when appointed by the court, a reasonable sum 
 71.6   for travel and for the time spent in court or in preparing for 
 71.7   the hearing.  Upon the court's order, the county auditor shall 
 71.8   issue a warrant on the county treasurer for payment of the 
 71.9   amounts allowed.  
 71.10     (b) Whenever venue of a proceeding has been transferred 
 71.11  under this chapter, the costs of the proceedings shall be 
 71.12  reimbursed to the county where the proceedings were conducted by 
 71.13  the county of the patient's residence by the state. 
 71.14     Sec. 113.  Minnesota Statutes 1996, section 253B.23, 
 71.15  subdivision 4, is amended to read: 
 71.16     Subd. 4.  [IMMUNITY.] All persons acting in good faith, 
 71.17  upon either actual knowledge or information thought by them to 
 71.18  be reliable, who act pursuant to any provision of this chapter 
 71.19  or who procedurally or physically assist in the commitment of 
 71.20  any individual, pursuant to this chapter, are not subject to any 
 71.21  civil or criminal liability under this chapter.  Any privilege 
 71.22  otherwise existing between patient and physician, patient and 
 71.23  psychologist, patient and examiner, or patient and social 
 71.24  worker, is waived as to any physician, psychologist, examiner, 
 71.25  or social worker who provides information with respect to a 
 71.26  patient pursuant to any provision of this chapter. 
 71.27     Sec. 114.  Minnesota Statutes 1996, section 253B.23, 
 71.28  subdivision 6, is amended to read: 
 71.29     Subd. 6.  [COURT COMMISSIONER.] The Ramsey county court 
 71.30  commissioner may act for the judge upon a petition for the 
 71.31  commitment of a patient when the judge is unable to act hear and 
 71.32  act upon petitions for commitment.  
 71.33     Sec. 115.  Minnesota Statutes 1996, section 253B.23, 
 71.34  subdivision 7, is amended to read: 
 71.35     Subd. 7.  [APPEAL.] The commissioner or any other aggrieved 
 71.36  party may appeal to the court of appeals from any order entered 
 72.1   under this chapter as in other civil cases.  Any district court 
 72.2   order or judgment under this chapter or related case law may be 
 72.3   appealed within 60 days after the date of filing of the order or 
 72.4   entry of judgment.  A judgment under section 253B.18, 
 72.5   subdivision 1, may be appealed within 60 days after the date of 
 72.6   the order entered under section 253B.18, subdivision 2.  
 72.7      Upon perfection of the appeal, the return shall be filed 
 72.8   forthwith.  The court of appeals shall hear the appeal within 60 
 72.9   90 days after service of the notice of appeal.  This appeal 
 72.10  shall not suspend the operation of the order appealed from until 
 72.11  the appeal is determined, unless otherwise ordered by the court 
 72.12  of appeals. 
 72.13     Sec. 116.  Minnesota Statutes 1996, section 253B.23, 
 72.14  subdivision 9, is amended to read: 
 72.15     Subd. 9.  [SEALING OF RECORDS.] Upon a motion by a person 
 72.16  who has been the subject of a judicial commitment proceeding, 
 72.17  the court for the county in which the person resides may seal 
 72.18  all judicial records of the commitment proceedings if it finds 
 72.19  that access to the records creates undue hardship for the 
 72.20  person.  The county attorney shall be notified of the motion and 
 72.21  may participate in the hearings.  All hearings on the motion 
 72.22  shall be in camera.  The files and records of the court in 
 72.23  proceedings on the motion shall be sealed except to the moving 
 72.24  party, the person's attorney, the county attorney, or other 
 72.25  persons by court order.  
 72.26     Sec. 117.  [INSTRUCTION TO REVISOR.] 
 72.27     The revisor of statutes shall renumber Minnesota Statutes, 
 72.28  section 253B.093, to section 253B.097, and Minnesota Statutes, 
 72.29  section 253B.11, to section 253B.045, in 1996 and subsequent 
 72.30  editions of Minnesota Statutes. 
 72.31     Sec. 118.  [REPEALER.] 
 72.32     Minnesota Statutes 1996, sections 253B.03, subdivisions 6c 
 72.33  and 9; 253B.05, subdivisions 2a and 5; 253B.07, subdivision 6; 
 72.34  253B.08, subdivisions 4 and 6; 253B.091; 253B.12, subdivisions 5 
 72.35  and 8; 253B.13, subdivision 3; 253B.15, subdivisions 4 and 6; 
 72.36  253B.18, subdivision 4; 253B.21, subdivision 5; and 253B.23, 
 73.1   subdivision 1a, are repealed. 
 73.2                              ARTICLE 2
 73.3                          COST OF CARE LIENS
 73.4      Section 1.  Minnesota Statutes 1996, section 55.10, 
 73.5   subdivision 4, is amended to read: 
 73.6      Subd. 4.  [WILL SEARCHES, BURIAL DOCUMENTS PROCUREMENT, AND 
 73.7   INVENTORY OF CONTENTS.] (a) Upon being furnished with 
 73.8   satisfactory proof of death of a sole lessee or the last 
 73.9   surviving co-lessee of a safe deposit box, an employee of the 
 73.10  safe deposit company shall open the box and examine the contents 
 73.11  in the presence of an individual who appears in person and 
 73.12  furnishes an affidavit stating that the individual believes: 
 73.13     (1) the box may contain the will or deed to a burial lot or 
 73.14  a document containing instructions for the burial of the lessee 
 73.15  or that the box may contain property belonging to the estate of 
 73.16  the lessee; and 
 73.17     (2) the individual is an interested person as defined in 
 73.18  this section and wishes to open the box for any one or more of 
 73.19  the following purposes: 
 73.20     (i) to conduct a will search; 
 73.21     (ii) to obtain a document required to facilitate the 
 73.22  lessee's wishes regarding body, funeral, or burial arrangements; 
 73.23  or 
 73.24     (iii) to obtain an inventory of the contents of the box. 
 73.25     (b) The safe deposit company may not open the box under 
 73.26  this section if it has received a copy of letters of office of 
 73.27  the representative of the deceased lessee's estate or other 
 73.28  applicable court order.  
 73.29     (c) The safe deposit company need not open the box if: 
 73.30     (1) the box has previously been opened under this section 
 73.31  for the same purpose; 
 73.32     (2) the safe deposit company has received notice of a 
 73.33  written or oral objection from any person or has reason to 
 73.34  believe that there would be an objection; or 
 73.35     (3) the lessee's key or combination is not available. 
 73.36     (d) For purposes of this section, the term "interested 
 74.1   person" means any of the following: 
 74.2      (1) a person named as personal representative in a 
 74.3   purported will of the lessee; 
 74.4      (2) a person who immediately prior to the death of the 
 74.5   lessee had the right of access to the box as a deputy; 
 74.6      (3) the surviving spouse of the lessee; 
 74.7      (4) a devisee of the lessee; 
 74.8      (5) an heir of the lessee; or 
 74.9      (6) a person designated by the lessee in a writing 
 74.10  acceptable to the safe deposit company which is filed with the 
 74.11  safe deposit company before death; or 
 74.12     (7) a state or county agency with a claim authorized by 
 74.13  section 256B.15. 
 74.14     (e) For purposes of this section, the term "will" includes 
 74.15  a will or a codicil. 
 74.16     (f) If the box is opened for the purpose of conducting a 
 74.17  will search, the safe deposit company shall remove any document 
 74.18  that appears to be a will and make a true and correct machine 
 74.19  copy thereof, replace the copy in the box, and then deliver the 
 74.20  original thereof to the clerk of court for the county in which 
 74.21  the lessee resided immediately before the lessee's death, if 
 74.22  known to the safe deposit company, otherwise to the clerk of the 
 74.23  court for the county in which the safe deposit box is located.  
 74.24  The will must be personally delivered or sent by registered 
 74.25  mail.  If the interested person so requests, any deed to burial 
 74.26  lot or document containing instructions for the burial of the 
 74.27  lessee may be copied by the safe deposit box company and the 
 74.28  copy or copies thereof delivered to the interested person.  
 74.29     (g) If the box is opened for the purpose of obtaining a 
 74.30  document required to facilitate the lessee's wishes regarding 
 74.31  the body, funeral, or burial arrangements, any such document may 
 74.32  be removed from the box and delivered to the interested person 
 74.33  with a true and correct machine copy retained in the box.  If 
 74.34  the safe deposit box company discovers a document that appears 
 74.35  to be a will, the safe deposit company shall act in accordance 
 74.36  with paragraph (f). 
 75.1      (h) If the box is opened for the purpose of obtaining an 
 75.2   inventory of the contents of the box, the employee of the safe 
 75.3   deposit company shall make, or cause to be made, an inventory of 
 75.4   the contents of the box, to which the employee and the 
 75.5   interested person shall attest under penalty of perjury to be 
 75.6   correct and complete.  Within ten days of opening the box 
 75.7   pursuant to this subdivision, the safe deposit company shall 
 75.8   deliver the original inventory of the contents to the court 
 75.9   administrator for the county in which the lessee resided 
 75.10  immediately before the lessee's death, if known to the safe 
 75.11  deposit company, otherwise to the court administrator for the 
 75.12  county in which the safe deposit box is located.  The inventory 
 75.13  must be personally delivered or sent by registered mail.  If the 
 75.14  interested person so requests, the safe deposit company shall 
 75.15  make a true and correct copy of any document in the box and 
 75.16  deliver that copy to the interested person.  If the contents of 
 75.17  the box include a document that appears to be a will, the safe 
 75.18  deposit company shall act in accordance with paragraph (f). 
 75.19     (i) The safe deposit company need not ascertain the truth 
 75.20  of any statement in the affidavit required to be furnished under 
 75.21  this subdivision and when acting in reliance upon an affidavit, 
 75.22  it is discharged as if it dealt with the personal representative 
 75.23  of the lessee.  The safe deposit company is not responsible for 
 75.24  the adequacy of the description of any property included in an 
 75.25  inventory of the contents of a safe deposit box, nor for 
 75.26  conversion of the property in connection with actions performed 
 75.27  under this subdivision, except for conversion by intentional 
 75.28  acts of the company or its employees, directors, officers, or 
 75.29  agents.  If the safe deposit company is not satisfied that the 
 75.30  requirements of this subdivision have been met, it may decline 
 75.31  to open the box.  
 75.32     (j) No contents of a box other than a will and a document 
 75.33  required to facilitate the lessee's wishes regarding body, 
 75.34  funeral, or burial arrangements may be removed pursuant to this 
 75.35  subdivision.  The entire contents of the box, however, may be 
 75.36  removed pursuant to section 524.3-1201. 
 76.1      Sec. 2.  Minnesota Statutes 1996, section 256.015, 
 76.2   subdivision 1, is amended to read: 
 76.3      Subdivision 1.  [STATE AGENCY HAS LIEN.] When the state 
 76.4   agency provides, pays for, or becomes liable for medical care or 
 76.5   furnishes subsistence or other payments to a person, the agency 
 76.6   has shall have a lien for the cost of the care and payments 
 76.7   on any and all causes of action that or recovery rights under 
 76.8   any policy, plan, or contract providing benefits for health care 
 76.9   or injury which accrue to the person to whom the care or 
 76.10  payments were furnished, or to the person's legal 
 76.11  representatives, as a result of the occurrence that necessitated 
 76.12  the medical care, subsistence, or other payments.  For purposes 
 76.13  of this section, "state agency" includes authorized agents of 
 76.14  the state agency. 
 76.15     Sec. 3.  Minnesota Statutes 1996, section 256.015, 
 76.16  subdivision 2, is amended to read: 
 76.17     Subd. 2.  [PERFECTION; ENFORCEMENT.] (a) The state agency 
 76.18  may perfect and enforce its lien under sections 514.69, 514.70, 
 76.19  and 514.71, and must file the verified lien statement with the 
 76.20  appropriate court administrator in the county of financial 
 76.21  responsibility.  The verified lien statement must contain the 
 76.22  following:  the name and address of the person to whom medical 
 76.23  care, subsistence, or other payment was furnished; the date of 
 76.24  injury; the name and address of vendors furnishing medical care; 
 76.25  the dates of the service or payment; the amount claimed to be 
 76.26  due for the care or payment; and to the best of the state 
 76.27  agency's knowledge, the names and addresses of all persons, 
 76.28  firms, or corporations claimed to be liable for damages arising 
 76.29  from the injuries.  
 76.30     (b) This section does not affect the priority of any 
 76.31  attorney's lien.  The state agency is not subject to any 
 76.32  limitations period referred to in section 514.69 or 514.71 and 
 76.33  has one year from the date notice is first received by it under 
 76.34  subdivision 4, paragraph (c), even if the notice is untimely, or 
 76.35  one year from the date medical bills are first paid by the state 
 76.36  agency, whichever is later, to file its verified lien 
 77.1   statement.  The state agency may commence an action to enforce 
 77.2   the lien within one year of (1) the date the notice required by 
 77.3   subdivision 4, paragraph (c), is received, or (2) the date the 
 77.4   person's cause of action is concluded by judgment, award, 
 77.5   settlement, or otherwise, whichever is later. 
 77.6      (c) If the notice required in subdivision 4 is not provided 
 77.7   by any of the parties to the claim at any stage of the claim, 
 77.8   the state agency will have one year from the date the state 
 77.9   agency learns of the lack of notice to commence an action.  If 
 77.10  amounts on the claim or cause of action are paid and the amount 
 77.11  required to be paid to the state agency under subdivision 5 is 
 77.12  not paid to the state agency, the state agency may commence an 
 77.13  action to recover on the lien against any or all of the parties 
 77.14  or entities which have either paid or received the payments. 
 77.15     Sec. 4.  Minnesota Statutes 1996, section 256.015, 
 77.16  subdivision 4, is amended to read: 
 77.17     Subd. 4.  [NOTICE.] The state agency must be given notice 
 77.18  of monetary claims against a person, firm, or corporation that 
 77.19  may be liable in damages to the injured person when the state 
 77.20  agency has paid for or become liable for the cost of medical 
 77.21  care or payments related to the injury.  Notice must be given as 
 77.22  follows: 
 77.23     (a) Applicants for public assistance shall notify the state 
 77.24  or county agency of any possible claims they may have against a 
 77.25  person, firm, or corporation when they submit the application 
 77.26  for assistance.  Recipients of public assistance shall notify 
 77.27  the state or county agency of any possible claims when those 
 77.28  claims arise. 
 77.29     (b) A person providing medical care services to a recipient 
 77.30  of public assistance shall notify the state agency when the 
 77.31  person has reason to believe that a third party may be liable 
 77.32  for payment of the cost of medical care. 
 77.33     (c) A person who is a party to a claim upon which the state 
 77.34  agency may be entitled to a lien under this section shall notify 
 77.35  the state agency of its potential lien claim before filing a 
 77.36  claim, commencing an action, or negotiating a settlement. at 
 78.1   each of the following stages of a claim:  (1) when a claim is 
 78.2   filed; (2) when an action is commenced; and (3) when a claim is 
 78.3   concluded by payment, award, judgment, settlement, or 
 78.4   otherwise.  Every party involved in any stage of a claim under 
 78.5   this subdivision is required to provide notice to the state 
 78.6   agency at that stage of the claim.  However, when one of the 
 78.7   parties to the claim provides notice at that stage, every other 
 78.8   party to the claim is deemed to have provided the required 
 78.9   notice at that stage of the claim.  If the required notice under 
 78.10  this paragraph is not provided to the state agency, every party 
 78.11  will be deemed to have failed to provide the required notice.  A 
 78.12  person who is a party to a claim includes the injured person or 
 78.13  the person's legal representative, the plaintiff, the 
 78.14  defendants, or persons alleged to be responsible for 
 78.15  compensating the injured person or plaintiff, and any other 
 78.16  party to the cause of action or claim, regardless of whether the 
 78.17  party knows the state agency has a potential or actual lien 
 78.18  claim.  
 78.19     Notice given to the county agency is not sufficient to meet 
 78.20  the requirements of paragraphs (b) and (c). 
 78.21     Sec. 5.  Minnesota Statutes 1996, section 256B.042, 
 78.22  subdivision 1, is amended to read: 
 78.23     Subdivision 1.  [LIEN FOR COST OF CARE.] When the state 
 78.24  agency provides, pays for, or becomes liable for medical care, 
 78.25  it shall have a lien for the cost of the care upon any and all 
 78.26  causes of action or recovery rights under any policy, plan, or 
 78.27  contract providing benefits for health care or injury, which 
 78.28  accrue to the person to whom the care was furnished, or to the 
 78.29  person's legal representatives, as a result of the illness or 
 78.30  injuries which necessitated the medical care.  
 78.31     Sec. 6.  Minnesota Statutes 1996, section 256B.042, 
 78.32  subdivision 2, is amended to read: 
 78.33     Subd. 2.  [LIEN ENFORCEMENT.] (a) The state agency may 
 78.34  perfect and enforce its lien by following the procedures set 
 78.35  forth in sections 514.69, 514.70 and 514.71, and its verified 
 78.36  lien statement shall be filed with the appropriate court 
 79.1   administrator in the county of financial responsibility.  The 
 79.2   verified lien statement shall contain the following:  the name 
 79.3   and address of the person to whom medical care was furnished, 
 79.4   the date of injury, the name and address of the vendor or 
 79.5   vendors furnishing medical care, the dates of the service, the 
 79.6   amount claimed to be due for the care, and, to the best of the 
 79.7   state agency's knowledge, the names and addresses of all 
 79.8   persons, firms, or corporations claimed to be liable for damages 
 79.9   arising from the injuries.  This section shall not affect the 
 79.10  priority of any attorney's lien.  
 79.11     (b) The state agency is not subject to any limitations 
 79.12  period referred to in section 514.69 or 514.71 and has one year 
 79.13  from the date notice is first received by it under subdivision 
 79.14  4, paragraph (c), even if the notice is untimely, or one year 
 79.15  from the date medical bills are first paid by the state agency, 
 79.16  whichever is later, to file its verified lien statement.  The 
 79.17  state agency may commence an action to enforce the lien within 
 79.18  one year of (1) the date the notice required by subdivision 4, 
 79.19  paragraph (c), is received or (2) the date the recipient's cause 
 79.20  of action is concluded by judgment, award, settlement, or 
 79.21  otherwise, whichever is later.  For purposes of this section, 
 79.22  "state agency" includes authorized agents of the state agency. 
 79.23     (c) If the notice required in subdivision 4 is not provided 
 79.24  by any of the parties to the claim at any stage of the claim, 
 79.25  the state agency will have one year from the date the state 
 79.26  agency learns of the lack of notice to commence an action.  If 
 79.27  amounts on the claim or cause of action are paid and the amount 
 79.28  required to be paid to the state agency under subdivision 5, is 
 79.29  not paid to the state agency, the state agency may commence an 
 79.30  action to recover on the lien against any or all of the parties 
 79.31  or entities which have either paid or received the payments. 
 79.32     Sec. 7.  Minnesota Statutes 1996, section 256B.042, 
 79.33  subdivision 4, is amended to read: 
 79.34     Subd. 4.  [NOTICE.] The state agency must be given notice 
 79.35  of monetary claims against a person, firm, or corporation that 
 79.36  may be liable to pay part or all of the cost of medical care 
 80.1   when the state agency has paid or become liable for the cost of 
 80.2   that care.  Notice must be given as follows:  
 80.3      (a) Applicants for medical assistance shall notify the 
 80.4   state or local agency of any possible claims when they submit 
 80.5   the application.  Recipients of medical assistance shall notify 
 80.6   the state or local agency of any possible claims when those 
 80.7   claims arise. 
 80.8      (b) A person providing medical care services to a recipient 
 80.9   of medical assistance shall notify the state agency when the 
 80.10  person has reason to believe that a third party may be liable 
 80.11  for payment of the cost of medical care.  
 80.12     (c) A person who is a party to a claim upon which the state 
 80.13  agency may be entitled to a lien under this section shall notify 
 80.14  the state agency of its potential lien claim before filing a 
 80.15  claim, commencing an action, or negotiating a settlement. at 
 80.16  each of the following stages of a claim:  (1) when a claim is 
 80.17  filed; (2) when an action is commenced; and (3) when a claim is 
 80.18  concluded by payment, award, judgment, settlement, or 
 80.19  otherwise.  Every party involved in any stage of a claim under 
 80.20  this subdivision is required to provide notice to the state 
 80.21  agency at that stage of the claim.  However, when one of the 
 80.22  parties to the claim provides notice at that stage, every other 
 80.23  party to the claim is deemed to have provided the required 
 80.24  notice at that stage of the claim.  If the required notice under 
 80.25  this paragraph is not provided to the state agency, all parties 
 80.26  to the claim are deemed to have failed to provide the required 
 80.27  notice.  A person who is a party to a claim includes the injured 
 80.28  person or the person's legal representative, the plaintiff, the 
 80.29  defendants, or persons alleged to be responsible for 
 80.30  compensating the injured person or plaintiff, and any other 
 80.31  party to the cause of action or claim, regardless of whether the 
 80.32  party knows the state agency has a potential or actual lien 
 80.33  claim. 
 80.34     Notice given to the local agency is not sufficient to meet 
 80.35  the requirements of paragraphs (b) and (c). 
 80.36     Sec. 8.  Minnesota Statutes 1996, section 256B.37, 
 81.1   subdivision 1, is amended to read: 
 81.2      Subdivision 1.  [SUBROGATION.] Upon furnishing medical 
 81.3   assistance to any person having who has private accident or 
 81.4   health care coverage, or receives or has a right to receive 
 81.5   health or medical care from any type of organization or entity, 
 81.6   or having has a cause of action arising out of an occurrence 
 81.7   that necessitated the payment of medical assistance, the state 
 81.8   agency or the state agency's agent shall be subrogated, to the 
 81.9   extent of the cost of medical care furnished, to any rights the 
 81.10  person may have under the terms of the coverage, or against the 
 81.11  organization or entity providing or liable to provide health or 
 81.12  medical care, or under the cause of action.  
 81.13     The right of subrogation created in this section includes 
 81.14  all portions of the cause of action, notwithstanding any 
 81.15  settlement allocation or apportionment that purports to dispose 
 81.16  of portions of the cause of action not subject to subrogation.  
 81.17     Sec. 9.  Minnesota Statutes 1996, section 514.71, is 
 81.18  amended to read: 
 81.19     514.71 [RELEASE.] 
 81.20     No release of such causes of action, or any of them, or of 
 81.21  any judgment thereon shall be valid or effectual as against such 
 81.22  lien unless such lienholder shall join therein, or execute a 
 81.23  release of such lien, and the claimant, or assignee of such 
 81.24  lien, may enforce such lien by action against the person, firm, 
 81.25  or corporation liable for such damages, and against any person 
 81.26  who received payment for such damages, which action shall be 
 81.27  commenced and tried in the county in which such lien shall be 
 81.28  filed, unless ordered removed to another county by the court for 
 81.29  cause.  If the claimant shall prevail in such action, the court 
 81.30  may allow reasonable attorneys' fees and disbursements.  Such 
 81.31  action shall be commenced within two years after the filing of 
 81.32  such lien. 
 81.33     Sec. 10.  Minnesota Statutes 1996, section 514.980, 
 81.34  subdivision 2, is amended to read: 
 81.35     Subd. 2.  [MEDICAL ASSISTANCE AGENCY OR AGENCY.] "Medical 
 81.36  assistance agency" or "agency" means the state or any county 
 82.1   medical assistance agency that state department of human 
 82.2   services when it provides a medical assistance benefit. 
 82.3      Sec. 11.  Minnesota Statutes 1996, section 514.981, 
 82.4   subdivision 2, is amended to read: 
 82.5      Subd. 2.  [ATTACHMENT.] (a) A medical assistance lien 
 82.6   attaches and becomes enforceable against specific real property 
 82.7   as of the date when the following conditions are met: 
 82.8      (1) payments have been made by an agency for a medical 
 82.9   assistance benefit; 
 82.10     (2) notice and an opportunity for a hearing have been 
 82.11  provided under paragraph (b); 
 82.12     (3) a lien notice has been filed as provided in section 
 82.13  514.982; 
 82.14     (4) if the property is registered property, the lien notice 
 82.15  has been memorialized on the certificate of title of the 
 82.16  property affected by the lien notice; and 
 82.17     (5) all restrictions against enforcement have ceased to 
 82.18  apply. 
 82.19     (b) An agency may not file a medical assistance lien notice 
 82.20  until the medical assistance recipient and the recipient's 
 82.21  spouse or their the recipient's legal representatives have 
 82.22  representative has been sent, by certified or registered mail, 
 82.23  written notice of the agency's lien rights and there has been an 
 82.24  opportunity for a hearing under section 256.045.  In addition, 
 82.25  the agency may not file a lien notice unless the agency 
 82.26  determines as medically verified by the recipient's attending 
 82.27  physician that the medical assistance recipient cannot 
 82.28  reasonably be expected to be discharged from a medical 
 82.29  institution and return home. 
 82.30     (c) An agency may not file a medical assistance lien notice 
 82.31  against real property while it is the home of the recipient's 
 82.32  spouse. 
 82.33     (d) An agency may not file a medical assistance lien notice 
 82.34  against real property that was the homestead of the medical 
 82.35  assistance recipient or the recipient's spouse when the medical 
 82.36  assistance recipient received medical institution services if 
 83.1   any of the following persons are lawfully residing in the 
 83.2   property: 
 83.3      (1) a child of the medical assistance recipient if the 
 83.4   child is under age 21 or is blind or permanently and totally 
 83.5   disabled according to the supplemental security income criteria; 
 83.6      (2) a child of the medical assistance recipient if the 
 83.7   child resided in the homestead for at least two years 
 83.8   immediately before the date the medical assistance recipient 
 83.9   received medical institution services, and the child provided 
 83.10  care to the medical assistance recipient that permitted the 
 83.11  recipient to live without medical institution services; or 
 83.12     (3) a sibling of the medical assistance recipient if the 
 83.13  sibling has an equity interest in the property and has resided 
 83.14  in the property for at least one year immediately before the 
 83.15  date the medical assistance recipient began receiving medical 
 83.16  institution services. 
 83.17     (e) A medical assistance lien applies only to the specific 
 83.18  real property described in the lien notice. 
 83.19     Sec. 12.  Minnesota Statutes 1996, section 514.982, 
 83.20  subdivision 1, is amended to read: 
 83.21     Subdivision 1.  [CONTENTS.] A medical assistance lien 
 83.22  notice must be dated and must contain: 
 83.23     (1) the full name, last known address, and social security 
 83.24  number of the medical assistance recipient and the full name, 
 83.25  address, and social security number of the recipient's spouse; 
 83.26     (2) a statement that medical assistance payments have been 
 83.27  made to or for the benefit of the medical assistance recipient 
 83.28  named in the notice, specifying the first date of eligibility 
 83.29  for benefits; 
 83.30     (3) a statement that all interests in real property owned 
 83.31  by the persons named in the notice may be subject to or affected 
 83.32  by the rights of the agency to be reimbursed for medical 
 83.33  assistance benefits; and 
 83.34     (4) the legal description of the real property upon which 
 83.35  the lien attaches, and whether the property is registered 
 83.36  property. 
 84.1      Sec. 13.  Minnesota Statutes 1996, section 514.982, 
 84.2   subdivision 2, is amended to read: 
 84.3      Subd. 2.  [FILING.] Any notice, release, or other document 
 84.4   required to be filed under sections 514.980 to 514.985 must 
 84.5   be recorded or filed in the office of the county recorder or 
 84.6   registrar of titles, as appropriate, in the county where the 
 84.7   real property is located.  Notwithstanding section 386.77, the 
 84.8   agency shall pay the applicable filing fee for any document 
 84.9   filed under sections 514.980 to 514.985.  The commissioner of 
 84.10  human services shall reimburse the county agency for filing fees 
 84.11  paid under this section.  An attestation, certification, or 
 84.12  acknowledgment is not required as a condition of filing.  Upon 
 84.13  filing of a medical assistance lien notice, the registrar of 
 84.14  titles shall record it on the certificate of title of each 
 84.15  parcel of property described in the lien notice.  The county 
 84.16  recorder of each county shall establish an index of medical 
 84.17  assistance lien notices, other than those that affect only 
 84.18  registered property, showing the names of all persons named in 
 84.19  the medical assistance lien notices filed in the county, 
 84.20  arranged alphabetically.  The index must be combined with the 
 84.21  index of state tax lien notices.  If the property described in 
 84.22  the medical assistance lien notice is registered property, the 
 84.23  registrar of titles shall record it on the certificate of title 
 84.24  for each parcel of property described in the lien notice.  If 
 84.25  the property described in the medical assistance lien notice is 
 84.26  abstract property, the recorder shall file the medical 
 84.27  assistance lien in the county's grantor-grantee indexes and any 
 84.28  tract indexes the county maintains for each parcel of property 
 84.29  described in the lien notice.  The recorder shall return 
 84.30  recorded medical assistance lien notices for abstract property 
 84.31  to the agency at no cost.  If the agency provides a duplicate 
 84.32  copy of a medical assistance lien notice for registered 
 84.33  property, the registrar of titles shall show the recording data 
 84.34  for the medical assistance lien notice on the copy and return it 
 84.35  to the agency at no cost.  The filing or mailing of any notice, 
 84.36  release, or other document under sections 514.980 to 514.985 is 
 85.1   the responsibility of the agency.  The agency shall send a copy 
 85.2   of the medical assistance lien notice by registered or certified 
 85.3   mail to each record owner and mortgagee of the real property.  
 85.4      Sec. 14.  Minnesota Statutes 1996, section 514.985, is 
 85.5   amended to read: 
 85.6      514.985 [AMOUNTS RECEIVED TO SATISFY LIEN.] 
 85.7      Amounts received by the state agency to satisfy a medical 
 85.8   assistance lien filed by the state agency must be deposited in 
 85.9   the state treasury and credited to the fund from which the 
 85.10  medical assistance payments were made.  Amounts received by a 
 85.11  county medical assistance agency to satisfy a medical assistance 
 85.12  lien filed by the county medical assistance agency must be 
 85.13  deposited in the county treasury and credited to the fund from 
 85.14  which the medical assistance payments were made forwarded to the 
 85.15  agency and deposited and credited as provided for in this 
 85.16  section. 
 85.17     Sec. 15.  Minnesota Statutes 1996, section 524.1-201, is 
 85.18  amended to read: 
 85.19     524.1-201 [GENERAL DEFINITIONS.] 
 85.20     Subject to additional definitions contained in the 
 85.21  subsequent articles which are applicable to specific articles or 
 85.22  parts, and unless the context otherwise requires, in chapters 
 85.23  524 and 525: 
 85.24     (2) "Application" means a written request to the registrar 
 85.25  for an order of informal probate or appointment under article 
 85.26  III, part 3. 
 85.27     (3) "Beneficiary," as it relates to trust beneficiaries, 
 85.28  includes a person who has any present or future interest, vested 
 85.29  or contingent, and also includes the owner of an interest by 
 85.30  assignment or other transfer and as it relates to a charitable 
 85.31  trust, includes any person entitled to enforce the trust. 
 85.32     (5) "Child" includes any individual entitled to take as a 
 85.33  child under law by intestate succession from the parent whose 
 85.34  relationship is involved and excludes any person who is only a 
 85.35  stepchild, a foster child, a grandchild or any more remote 
 85.36  descendant. 
 86.1      (6) "Claims" includes liabilities of the decedent whether 
 86.2   arising in contract or otherwise and liabilities of the estate 
 86.3   which arise after the death of the decedent including funeral 
 86.4   expenses and expenses of administration.  The term does not 
 86.5   include taxes, demands or disputes regarding title of a decedent 
 86.6   to specific assets alleged to be included in the estate, tort 
 86.7   claims, foreclosure of mechanic's liens, or to actions pursuant 
 86.8   to section 573.02. 
 86.9      (7) "Court" means the court or branch having jurisdiction 
 86.10  in matters relating to the affairs of decedents.  This court in 
 86.11  this state is known as the district court. 
 86.12     (8) "Conservator" means a person who is appointed by a 
 86.13  court to manage the estate of a protected person.  
 86.14     (9) "Descendant" of an individual means all of the 
 86.15  individual's descendants of all generations, with the 
 86.16  relationship of parent and child at each generation being 
 86.17  determined by the definition of child and parent contained in 
 86.18  this section. 
 86.19     (10) "Devise," when used as a noun, means a testamentary 
 86.20  disposition of real or personal property and when used as a 
 86.21  verb, means to dispose of real or personal property by will. 
 86.22     (11) "Devisee" means any person designated in a will to 
 86.23  receive a devise.  In the case of a devise to an existing trust 
 86.24  or trustee, or to a trustee on trust described by will, the 
 86.25  trust or trustee is the devisee and the beneficiaries are not 
 86.26  devisees. 
 86.27     (12) "Disability" means cause for a protective order as 
 86.28  described by section 525.54. 
 86.29     (13) "Distributee" means any person who has received or who 
 86.30  will receive property of a decedent from the decedent's personal 
 86.31  representative other than as a creditor or purchaser.  A 
 86.32  testamentary trustee is a distributee with respect to property 
 86.33  which the trustee has received from a personal representative 
 86.34  only to the extent of distributed assets or their increment 
 86.35  remaining in the trustee's hands.  A beneficiary of a 
 86.36  testamentary trust to whom the trustee has distributed property 
 87.1   received from a personal representative is a distributee of the 
 87.2   personal representative.  For purposes of this provision, 
 87.3   "testamentary trustee" includes a trustee to whom assets are 
 87.4   transferred by will, to the extent of the devised assets. 
 87.5      (14) "Estate" includes all of the property of the decedent, 
 87.6   trust, or other person whose affairs are subject to this chapter 
 87.7   as originally constituted and as it exists from time to time 
 87.8   during administration. 
 87.9      (16) "Fiduciary" includes personal representative, 
 87.10  guardian, conservator and trustee. 
 87.11     (17) "Foreign personal representative" means a personal 
 87.12  representative of another jurisdiction. 
 87.13     (18) "Formal proceedings" means those conducted before a 
 87.14  judge with notice to interested persons. 
 87.15     (20) "Guardian" means a person who has qualified as a 
 87.16  guardian of a minor or incapacitated person pursuant to 
 87.17  testamentary or court appointment, but excludes one who is 
 87.18  merely a guardian ad litem. 
 87.19     (21) "Heirs" means those persons, including the surviving 
 87.20  spouse, who are entitled under the statutes of intestate 
 87.21  succession to the property of a decedent. 
 87.22     (22) "Incapacitated person" is as described in section 
 87.23  525.54, other than a minor. 
 87.24     (23) "Informal proceedings" means those conducted by the 
 87.25  judge, the registrar, or the person or persons designated by the 
 87.26  judge for probate of a will or appointment of a personal 
 87.27  representative in accordance with sections 524.3-301 to 
 87.28  524.3-311. 
 87.29     (24) "Interested person" includes heirs, devisees, 
 87.30  children, spouses, creditors, beneficiaries and any others 
 87.31  having a property right in or claim against the estate of a 
 87.32  decedent, ward or protected person which may be affected by the 
 87.33  proceeding.  It also includes persons having priority for 
 87.34  appointment as personal representative, and other fiduciaries 
 87.35  representing interested persons.  The meaning as it relates to 
 87.36  particular persons may vary from time to time and must be 
 88.1   determined according to the particular purposes of, and matter 
 88.2   involved in, any proceeding. 
 88.3      (27) "Lease" includes an oil, gas, or other mineral lease. 
 88.4      (28) "Letters" includes letters testamentary, letters of 
 88.5   guardianship, letters of administration, and letters of 
 88.6   conservatorship. 
 88.7      (30) "Mortgage" means any conveyance, agreement or 
 88.8   arrangement in which property is used as security. 
 88.9      (31) "Nonresident decedent" means a decedent who was 
 88.10  domiciled in another jurisdiction at the time of death. 
 88.11     (32) "Organization" includes a corporation, government or 
 88.12  governmental subdivision or agency, business trust, estate, 
 88.13  trust, partnership or association, two or more persons having a 
 88.14  joint or common interest, or any other legal entity. 
 88.15     (35) "Person" means an individual, a corporation, an 
 88.16  organization, or other legal entity. 
 88.17     (36) "Personal representative" includes executor, 
 88.18  administrator, successor personal representative, special 
 88.19  administrator, and persons who perform substantially the same 
 88.20  function under the law governing their status.  "General 
 88.21  personal representative" excludes special administrator. 
 88.22     (37) "Petition" means a written request to the court for an 
 88.23  order after notice. 
 88.24     (38) "Proceeding" includes action at law and suit in equity.
 88.25     (39) "Property" includes both real and personal property or 
 88.26  any interest therein and means anything that may be the subject 
 88.27  of ownership. 
 88.28     (40) "Protected person" is as described in section 525.54, 
 88.29  subdivision 1. 
 88.30     (42) "Registrar" refers to the judge of the court or the 
 88.31  person designated by the court to perform the functions of 
 88.32  registrar as provided in section 524.1-307. 
 88.33     (43) "Security" includes any note, stock, treasury stock, 
 88.34  bond, debenture, evidence of indebtedness, certificate of 
 88.35  interest or participation in an oil, gas or mining title or 
 88.36  lease or in payments out of production under such a title or 
 89.1   lease, collateral trust certificate, transferable share, voting 
 89.2   trust certificate or, in general, any interest or instrument 
 89.3   commonly known as a security, or any certificate of interest or 
 89.4   participation, any temporary or interim certificate, receipt or 
 89.5   certificate of deposit for, or any warrant or right to subscribe 
 89.6   to or purchase, any of the foregoing. 
 89.7      (44) "Settlement," in reference to a decedent's estate, 
 89.8   includes the full process of administration, distribution and 
 89.9   closing. 
 89.10     (45) "Special administrator" means a personal 
 89.11  representative as described by sections 524.3-614 to 524.3-618. 
 89.12     (46) "State" includes any state of the United States, the 
 89.13  District of Columbia, the Commonwealth of Puerto Rico, and any 
 89.14  territory or possession subject to the legislative authority of 
 89.15  the United States. 
 89.16     (47) "Successor personal representative" means a personal 
 89.17  representative, other than a special administrator, who is 
 89.18  appointed to succeed a previously appointed personal 
 89.19  representative. 
 89.20     (48) "Successors" means those persons, other than 
 89.21  creditors, who are entitled to property of a decedent under the 
 89.22  decedent's will, this chapter or chapter 525.  "Successors" also 
 89.23  means a funeral director or county government that provides the 
 89.24  funeral and burial of the decedent, or a state or county agency 
 89.25  with a claim authorized under section 256B.15. 
 89.26     (49) "Supervised administration" refers to the proceedings 
 89.27  described in sections 524.3-501 to 524.3-505. 
 89.28     (51) "Testacy proceeding" means a proceeding to establish a 
 89.29  will or determine intestacy. 
 89.30     (53) "Trust" includes any express trust, private or 
 89.31  charitable, with additions thereto, wherever and however 
 89.32  created.  It also includes a trust created or determined by 
 89.33  judgment or decree under which the trust is to be administered 
 89.34  in the manner of an express trust.  "Trust" excludes other 
 89.35  constructive trusts, and it excludes resulting trusts, 
 89.36  conservatorships, personal representatives, trust accounts as 
 90.1   defined in chapter 528, custodial arrangements pursuant to 
 90.2   sections 149.11 to 149.14, 318.01 to 318.06, 527.21 to 527.44, 
 90.3   business trusts providing for certificates to be issued to 
 90.4   beneficiaries, common trust funds, voting trusts, security 
 90.5   arrangements, liquidation trusts, and trusts for the primary 
 90.6   purpose of paying debts, dividends, interest, salaries, wages, 
 90.7   profits, pensions, or employee benefits of any kind, and any 
 90.8   arrangement under which a person is nominee or escrowee for 
 90.9   another. 
 90.10     (54) "Trustee" includes an original, additional, or 
 90.11  successor trustee, whether or not appointed or confirmed by 
 90.12  court. 
 90.13     (55) "Ward" is as described in section 525.54, subdivision 
 90.14  1. 
 90.15     (56) "Will" includes codicil and any testamentary 
 90.16  instrument which merely appoints an executor or revokes or 
 90.17  revises another will. 
 90.18     Sec. 16.  Minnesota Statutes 1996, section 524.3-801, is 
 90.19  amended to read: 
 90.20     524.3-801 [NOTICE TO CREDITORS.] 
 90.21     (a) Unless notice has already been given under this 
 90.22  section, upon appointment of a general personal representative 
 90.23  in informal proceedings or upon the filing of a petition for 
 90.24  formal appointment of a general personal representative, notice 
 90.25  thereof, in the form prescribed by court rule, shall be given 
 90.26  under the direction of the court administrator by publication 
 90.27  once a week for two successive weeks in a legal newspaper in the 
 90.28  county wherein the proceedings are pending giving the name and 
 90.29  address of the general personal representative and notifying 
 90.30  creditors of the estate to present their claims within four 
 90.31  months after the date of the court administrator's notice which 
 90.32  is subsequently published or be forever barred, unless they are 
 90.33  entitled to further service of notice under paragraph (b) or (c).
 90.34     (b)(1) Within three months after:  (i) the date of the 
 90.35  first publication of the notice; or (ii) June 16, 1989, 
 90.36  whichever is later, the personal representative may determine, 
 91.1   in the personal representative's discretion, that it is or is 
 91.2   not advisable to conduct a reasonably diligent search for 
 91.3   creditors of the decedent who are either not known or not 
 91.4   identified.  If the personal representative determines that a 
 91.5   reasonably diligent search is advisable, the personal 
 91.6   representative shall conduct the search. 
 91.7      (2) If the notice is first published after June 16, 1989, 
 91.8   the personal representative shall, within three months after the 
 91.9   date of the first publication of the notice, serve a copy of the 
 91.10  notice upon each then known and identified creditor in the 
 91.11  manner provided in paragraph (c).  If the decedent or a 
 91.12  predeceased spouse of the decedent received assistance for which 
 91.13  a claim could be filed under section 246.53, 256B.15, 256D.16, 
 91.14  or 261.04, the personal representative shall serve a copy of the 
 91.15  notice on the commissioner of human services in the manner 
 91.16  provided in paragraph (c) on or before the date of the first 
 91.17  publication of the notice.  The copy of the notice served on the 
 91.18  commissioner of human services shall include the full name, date 
 91.19  of birth, and social security number of the decedent or the 
 91.20  predeceased spouse who received assistance for which a claim 
 91.21  could be filed under any of the sections listed in this 
 91.22  paragraph.  Notwithstanding any will or other instrument or law 
 91.23  to the contrary, except as allowed in this paragraph no property 
 91.24  subject to administration by the estate may be distributed by 
 91.25  the estate or the personal representative until 70 days after 
 91.26  the date the notice is served upon the commissioner, as provided 
 91.27  in paragraph (c) unless the local agency consents.  An affidavit 
 91.28  of service shall be prima facie evidence of service and, if it 
 91.29  contains a legal description of the affected real property, may 
 91.30  be filed or recorded in the office of the county recorder or 
 91.31  registrar of titles to establish compliance with the notice 
 91.32  requirement established in this paragraph.  This restriction on 
 91.33  distribution does not apply to the personal representative's 
 91.34  sale of real or personal property while the estate is open but 
 91.35  does apply to the net proceeds the estate receives from the 
 91.36  sale.  If notice was first published under the applicable 
 92.1   provisions of law under the direction of the court administrator 
 92.2   before June 16, 1989, and if a personal representative is 
 92.3   empowered to act at any time after June 16, 1989, the personal 
 92.4   representative shall, within three months after June 16, 1989, 
 92.5   serve upon the then known and identified creditors in the manner 
 92.6   provided in paragraph (c) a copy of the notice as published, 
 92.7   together with a supplementary notice requiring each of the 
 92.8   creditors to present any claim within one month after the date 
 92.9   of the service of the notice or be forever barred. 
 92.10     (3) Under this section, a creditor is "known" if:  (i) the 
 92.11  personal representative knows that the creditor has asserted a 
 92.12  claim that arose during the decedent's life against either the 
 92.13  decedent or the decedent's estate; or (ii) the creditor has 
 92.14  asserted a claim that arose during the decedent's life and the 
 92.15  fact is clearly disclosed in accessible financial records known 
 92.16  and available to the personal representative.  Under this 
 92.17  section, a creditor is "identified" if the personal 
 92.18  representative's knowledge of the name and address of the 
 92.19  creditor will permit service of notice to be made under 
 92.20  paragraph (c).  
 92.21     (c) The personal representative shall serve a copy of any 
 92.22  notice and any supplementary notice required by paragraph (b), 
 92.23  clause (1) or (2), upon each creditor of the decedent who is 
 92.24  then known to the personal representative and identified, except 
 92.25  a creditor whose claim has either been presented to the personal 
 92.26  representative or paid, either by delivery of a copy of the 
 92.27  required notice to the creditor, or by mailing a copy of the 
 92.28  notice to the creditor by certified, registered, or ordinary 
 92.29  first class mail addressed to the creditor at the creditor's 
 92.30  office or place of residence. 
 92.31     (d)(1) Effective for decedents dying on or after July 1, 
 92.32  1997, if the decedent or a predeceased spouse of the decedent 
 92.33  received assistance for which a claim could be filed under 
 92.34  section 246.53, 256B.15, 256D.16, or 261.04, the personal 
 92.35  representative or the attorney for the personal representative 
 92.36  shall serve the commissioner of human services with notice in 
 93.1   the manner prescribed in paragraph (c) as soon as practicable 
 93.2   after the appointment of the personal representative.  The 
 93.3   notice must state the decedent's full name, date of birth, and 
 93.4   social security number and, to the extent then known after 
 93.5   making a reasonably diligent inquiry, the full name, date of 
 93.6   birth, and social security number for each of the decedent's 
 93.7   predeceased spouses.  The notice may also contain a statement 
 93.8   that, after making a reasonably diligent inquiry, the personal 
 93.9   representative has determined that the decedent did not have any 
 93.10  predeceased spouses or that the personal representative has been 
 93.11  unable to determine one or more of the previous items of 
 93.12  information for a predeceased spouse of the decedent.  A copy of 
 93.13  the notice to creditors must be attached to and be a part of the 
 93.14  notice to the commissioner.  
 93.15     (2) Notwithstanding a will or other instrument or law to 
 93.16  the contrary, except as allowed in this paragraph, no property 
 93.17  subject to administration by the estate may be distributed by 
 93.18  the estate or the personal representative until 70 days after 
 93.19  the date the notice is served on the commissioner as provided in 
 93.20  paragraph (c), unless the local agency consents as provided for 
 93.21  in clause (6).  This restriction on distribution does not apply 
 93.22  to the personal representative's sale of real or personal 
 93.23  property, but does apply to the net proceeds the estate receives 
 93.24  from these sales.  The personal representative, or any person 
 93.25  with personal knowledge of the facts, may provide an affidavit 
 93.26  containing the description of any real or personal property 
 93.27  affected by this paragraph and stating facts showing compliance 
 93.28  with this paragraph.  If the affidavit describes real property, 
 93.29  it may be filed or recorded in the office of the county recorder 
 93.30  or registrar of titles for the county where the real property is 
 93.31  located.  This paragraph does not apply to proceedings under 
 93.32  sections 524.3-1203 and 525.31, or when a duly authorized agent 
 93.33  of a county is acting as the personal representative of the 
 93.34  estate. 
 93.35     (3) At any time before an order or decree is entered under 
 93.36  section 524.3-1001 or 524.3-1002, or a closing statement is 
 94.1   filed under section 524.3-1003, the personal representative or 
 94.2   the attorney for the personal representative may serve an 
 94.3   amended notice on the commissioner to add variations or other 
 94.4   names of the decedent or a predeceased spouse named in the 
 94.5   notice, the name of a predeceased spouse omitted from the 
 94.6   notice, to add or correct the date of birth or social security 
 94.7   number of a decedent or predeceased spouse named in the notice, 
 94.8   or to correct any other deficiency in a prior notice.  The 
 94.9   amended notice must state the decedent's name, date of birth, 
 94.10  and social security number, the case name, case number, and 
 94.11  district court in which the estate is pending, and the date the 
 94.12  notice being amended was served on the commissioner.  If the 
 94.13  amendment adds the name of a predeceased spouse omitted from the 
 94.14  notice, it must also state that spouse's full name, date of 
 94.15  birth, and social security number.  The amended notice must be 
 94.16  served on the commissioner in the same manner as the original 
 94.17  notice.  Upon service, the amended notice relates back to and is 
 94.18  effective from the date the notice it amends was served, and the 
 94.19  time for filing claims arising under section 246.53, 256B.15, 
 94.20  256D.16 or 261.04 is extended by 60 days from the date of 
 94.21  service of the amended notice.  Claims filed during the 60-day 
 94.22  period are undischarged and unbarred claims, may be prosecuted 
 94.23  by the entities entitled to file those claims in accordance with 
 94.24  section 524.3-1004, and the limitations in section 524.3-1006 do 
 94.25  not apply.  The personal representative or any person with 
 94.26  personal knowledge of the facts may provide and file or record 
 94.27  an affidavit in the same manner as provided for in clause (1). 
 94.28     (4) Within one year after the date an order or decree is 
 94.29  entered under section 524.3-1001 or 524.3-1002 or a closing 
 94.30  statement is filed under section 524.3-1003, any person who has 
 94.31  an interest in property that was subject to administration by 
 94.32  the estate may serve an amended notice on the commissioner to 
 94.33  add variations or other names of the decedent or a predeceased 
 94.34  spouse named in the notice, the name of a predeceased spouse 
 94.35  omitted from the notice, to add or correct the date of birth or 
 94.36  social security number of a decedent or predeceased spouse named 
 95.1   in the notice, or to correct any other deficiency in a prior 
 95.2   notice.  The amended notice must be served on the commissioner 
 95.3   in the same manner as the original notice and must contain the 
 95.4   information required for amendments under clause (3).  If the 
 95.5   amendment adds the name of a predeceased spouse omitted from the 
 95.6   notice, it must also state that spouse's full name, date of 
 95.7   birth, and social security number.  Upon service, the amended 
 95.8   notice relates back to and is effective from the date the notice 
 95.9   it amends was served.  If the amended notice adds the name of an 
 95.10  omitted predeceased spouse or adds or corrects the social 
 95.11  security number or date of birth of the decedent or a 
 95.12  predeceased spouse already named in the notice, then, 
 95.13  notwithstanding any other laws to the contrary, claims against 
 95.14  the decedent's estate on account of those persons resulting from 
 95.15  the amendment and arising under section 246.53, 256B.15, 
 95.16  256D.16, or 261.04 are undischarged and unbarred claims, may be 
 95.17  prosecuted by the entities entitled to file those claims in 
 95.18  accordance with section 524.3-1004, and the limitations in 
 95.19  section 524.3-1006 do not apply.  The person filing the 
 95.20  amendment or any other person with personal knowledge of the 
 95.21  facts may provide and file or record an affidavit describing 
 95.22  affected real or personal property in the same manner as clause 
 95.23  (1). 
 95.24     (5) After one year from the date an order or decree is 
 95.25  entered under section 524.3-1001 or 524.3-1002, or a closing 
 95.26  statement is filed under section 524.3-1003, no error, omission, 
 95.27  or defect of any kind in the notice to the commissioner required 
 95.28  under this paragraph or in the process of service of the notice 
 95.29  on the commissioner, or the failure to serve the commissioner 
 95.30  with notice as required by this paragraph, makes any 
 95.31  distribution of property by a personal representative void or 
 95.32  voidable.  The distributee's title to the distributed property 
 95.33  shall be free of any claims based upon a failure to comply with 
 95.34  this paragraph. 
 95.35     (6) The local agency may consent to a personal 
 95.36  representative's request to distribute property subject to 
 96.1   administration by the estate to distributees during the 70-day 
 96.2   period after service of notice on the commissioner.  The local 
 96.3   agency may grant or deny the request in whole or in part and may 
 96.4   attach conditions to its consent as it deems appropriate.  When 
 96.5   the local agency consents to a distribution, it shall give the 
 96.6   estate a written certificate evidencing its consent to the early 
 96.7   distribution of assets at no cost.  The certificate must include 
 96.8   the name, case number, and district court in which the estate is 
 96.9   pending, the name of the local agency, describe the specific 
 96.10  real or personal property to which the consent applies, state 
 96.11  that the local agency consents to the distribution of the 
 96.12  specific property described in the consent during the 70-day 
 96.13  period following service of the notice on the commissioner, 
 96.14  state that the consent is unconditional or list all of the terms 
 96.15  and conditions of the consent, be dated, and may include other 
 96.16  contents as may be appropriate.  The certificate must be signed 
 96.17  by the director of the local agency or the director's designees 
 96.18  and is effective as of the date it is dated unless it provides 
 96.19  otherwise.  The signature of the director or the director's 
 96.20  designee does not require any acknowledgment.  The certificate 
 96.21  shall be prima facie evidence of the facts it states, may be 
 96.22  attached to or combined with a deed or any other instrument of 
 96.23  conveyance and, when so attached or combined, shall constitute a 
 96.24  single instrument.  If the certificate describes real property, 
 96.25  it shall be accepted for recording or filing by the county 
 96.26  recorder or registrar of titles in the county in which the 
 96.27  property is located.  If the certificate describes real property 
 96.28  and is not attached to or combined with a deed or other 
 96.29  instrument of conveyance, it shall be accepted for recording or 
 96.30  filing by the county recorder or registrar of titles in the 
 96.31  county in which the property is located.  The certificate 
 96.32  constitutes a waiver of the 70-day period provided for in clause 
 96.33  (2) with respect to the property it describes and is prima facie 
 96.34  evidence of service of notice on the commissioner.  The 
 96.35  certificate is not a waiver or relinquishment of any claims 
 96.36  arising under section 246.53, 256B.15, 256D.16, or 261.04, and 
 97.1   does not otherwise constitute a waiver of any of the personal 
 97.2   representative's duties under this paragraph.  Distributees who 
 97.3   receive property pursuant to a consent to an early distribution 
 97.4   shall remain liable to creditors of the estate as provided for 
 97.5   by law. 
 97.6      (7) All affidavits provided for under this paragraph: 
 97.7      (i) shall be provided by persons who have personal 
 97.8   knowledge of the facts stated in the affidavit; 
 97.9      (ii) may be filed or recorded in the office of the county 
 97.10  recorder or registrar of titles in the county in which the real 
 97.11  property they describe is located for the purpose of 
 97.12  establishing compliance with the requirements of this paragraph; 
 97.13  and 
 97.14     (iii) are prima facie evidence of the facts stated in the 
 97.15  affidavit. 
 97.16     (8) This paragraph applies to the estates of decedents 
 97.17  dying on or after July 1, 1997.  Clause (5) also applies with 
 97.18  respect to all notices served on the commissioner of human 
 97.19  services before July 1, 1997, under Laws 1996, chapter 451, 
 97.20  article 2, section 55.  All notices served on the commissioner 
 97.21  before July 1, 1997, pursuant to Laws 1996, chapter 451, article 
 97.22  2, section 55, shall be deemed to be legally sufficient for the 
 97.23  purposes for which they were intended, notwithstanding any 
 97.24  errors, omissions or other defects. 
 97.25     Sec. 17.  Minnesota Statutes 1996, section 524.3-1004, is 
 97.26  amended to read: 
 97.27     524.3-1004 [LIABILITY OF DISTRIBUTEES TO CLAIMANTS.] 
 97.28     After assets of an estate have been distributed and subject 
 97.29  to section 524.3-1006, an undischarged claim not barred may be 
 97.30  prosecuted in a proceeding against one or more distributees.  If 
 97.31  a personal representative closes an estate without giving notice 
 97.32  as required under section 524.3-801, paragraph (d), 
 97.33  notwithstanding any other law to the contrary, claims arising 
 97.34  under sections 246.53, 256B.15, 256D.16, and 261.04 shall be 
 97.35  undischarged and unbarred claims.  The governmental entities 
 97.36  entitled to file claims under those sections shall be entitled 
 98.1   to prosecute their claims against distributees as provided for 
 98.2   in this section, and the limitations in section 524.3-1006 shall 
 98.3   not apply.  No distributee shall be liable to claimants for 
 98.4   amounts in excess of the value of the distributee's distribution 
 98.5   as of the time of distribution.  As between distributees, each 
 98.6   shall bear the cost of satisfaction of unbarred claims as if the 
 98.7   claim had been satisfied in the course of administration.  Any 
 98.8   distributee who shall have failed to notify other distributees 
 98.9   of the demand made by the claimant in sufficient time to permit 
 98.10  them to join in any proceeding in which the claim was asserted 
 98.11  against the first distributee loses the right of contribution 
 98.12  against other distributees.  
 98.13     Sec. 18.  Minnesota Statutes 1996, section 524.3-1201, is 
 98.14  amended to read: 
 98.15     524.3-1201 [COLLECTION OF PERSONAL PROPERTY BY AFFIDAVIT.] 
 98.16     (a) Thirty days after the death of a decedent, (i) any 
 98.17  person indebted to the decedent, (ii) any person having 
 98.18  possession of tangible personal property or an instrument 
 98.19  evidencing a debt, obligation, stock or chose in action 
 98.20  belonging to the decedent, or (iii) any safe deposit company, as 
 98.21  defined in section 55.01, controlling the right of access to 
 98.22  decedent's safe deposit box shall make payment of the 
 98.23  indebtedness or deliver the tangible personal property or an 
 98.24  instrument evidencing a debt, obligation, stock or chose in 
 98.25  action or deliver the entire contents of the safe deposit box to 
 98.26  a person claiming to be the successor of the decedent, or a 
 98.27  state or county agency with a claim authorized by section 
 98.28  256B.15, upon being presented a certified death certificate of 
 98.29  the decedent and an affidavit, in duplicate, made by or on 
 98.30  behalf of the successor stating that: 
 98.31     (1) the value of the entire probate estate, wherever 
 98.32  located, including specifically any contents of a safe deposit 
 98.33  box, less liens and encumbrances, does not exceed $20,000; 
 98.34     (2) 30 days have elapsed since the death of the decedent 
 98.35  or, in the event the property to be delivered is the contents of 
 98.36  a safe deposit box, 30 days have elapsed since the filing of an 
 99.1   inventory of the contents of the box pursuant to section 55.10, 
 99.2   paragraph (h); 
 99.3      (3) no application or petition for the appointment of a 
 99.4   personal representative is pending or has been granted in any 
 99.5   jurisdiction; and 
 99.6      (4) if presented to a financial institution with a 
 99.7   multiple-party account in which the decedent had an interest at 
 99.8   the time of death, the amount of the affiant's claim and a good 
 99.9   faith estimate of the extent to which the decedent was the 
 99.10  source of funds or beneficial owner of the account; and 
 99.11     (4) (5) the claiming successor is entitled to payment or 
 99.12  delivery of the property. 
 99.13     (b) A transfer agent of any security shall change the 
 99.14  registered ownership on the books of a corporation from the 
 99.15  decedent to the successor or successors upon the presentation of 
 99.16  an affidavit as provided in subsection (a). 
 99.17     (c) The claiming successor or state or county agency shall 
 99.18  disburse the proceeds collected under this section to any person 
 99.19  with a superior claim under section 524.2-403 or 524.3-805. 
 99.20     (d) A motor vehicle registrar shall issue a new certificate 
 99.21  of title in the name of the successor upon the presentation of 
 99.22  an affidavit as provided in subsection (a). 
 99.23     (e) The person controlling access to decedent's safe 
 99.24  deposit box need not open the box or deliver the contents of the 
 99.25  box if: 
 99.26     (1) the person has received notice of a written or oral 
 99.27  objection from any person or has reason to believe that there 
 99.28  would be an objection; or 
 99.29     (2) the lessee's key or combination is not available. 
 99.30     Sec. 19.  Minnesota Statutes 1996, section 524.6-207, is 
 99.31  amended to read: 
 99.32     524.6-207 [RIGHTS OF CREDITORS.] 
 99.33     No multiple-party account will be effective against an 
 99.34  estate of a deceased party to transfer to a survivor sums needed 
 99.35  to pay debts, taxes, and expenses of administration, including 
 99.36  statutory allowances to the surviving spouse, minor children and 
100.1   dependent children or against the state or a county agency with 
100.2   a claim authorized by section 256B.15, if other assets of the 
100.3   estate are insufficient, to the extent the deceased party is the 
100.4   source of the funds or beneficial owner.  A surviving party or 
100.5   P.O.D. payee who receives payment from a multiple-party account 
100.6   after the death of a deceased party shall be liable to account 
100.7   to the deceased party's personal representative or the state or 
100.8   a county agency with a claim authorized by section 256B.15 for 
100.9   amounts the decedent owned beneficially immediately before death 
100.10  to the extent necessary to discharge any such claims and charges 
100.11  remaining unpaid after the application of the assets of the 
100.12  decedent's estate.  No proceeding to assert this liability shall 
100.13  be commenced by the personal representative unless the personal 
100.14  representative has received a written demand by a surviving 
100.15  spouse, a creditor or one acting for a minor dependent child of 
100.16  the decedent, and no proceeding shall be commenced later than 
100.17  two years following the death of the decedent.  Sums recovered 
100.18  by the personal representative shall be administered as part of 
100.19  the decedent's estate.  This section shall not affect the right 
100.20  of a financial institution to make payment on multiple-party 
100.21  accounts according to the terms thereof, or make it liable to 
100.22  the estate of a deceased party unless, before payment, the 
100.23  institution has been served with process in a proceeding by the 
100.24  personal representative or the state or a county agency with a 
100.25  claim authorized by section 256B.15., or has been presented by 
100.26  the state or a county agency with a claim authorized by section 
100.27  256B.15 with an affidavit pursuant to section 524.3-1201.  Upon 
100.28  being presented with such an affidavit, the financial 
100.29  institution shall make payment of the multiple-party account to 
100.30  the affiant in an amount equal to the lesser of the claim stated 
100.31  in the affidavit or the extent to which the affidavit identifies 
100.32  the decedent as the source of funds or beneficial owner of the 
100.33  account.