reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 253B — Civil Commitment › Section 253B.13 — Duration Of Continued Commitment.

253B.13 DURATION OF CONTINUED COMMITMENT.
Subdivision 1.
Persons with mental illness or chemical dependency.
(a) If at the conclusion of a review hearing the court finds that the person continues to have mental illness or chemical dependency and need treatment or supervision, the court shall determine the length of continued commitment. No period of commitment shall exceed this length of time or 12 months, whichever is less.
(b) At the conclusion of the prescribed period under paragraph (a), commitment may not be continued unless a new petition is filed pursuant to section 253B.07 and hearing and determination made on it. If the petition was filed before the end of the previous commitment and, for good cause shown, the court has not completed the hearing and the determination by the end of the commitment period, the court may for good cause extend the previous commitment for up to 14 days to allow the completion of the hearing and the issuance of the determination. The standard of proof for the new petition is the standard specified in section 253B.12, subdivision 4. Notwithstanding the provisions of section 253B.09, subdivision 5, the initial commitment period under the new petition shall be the probable length of commitment necessary or 12 months, whichever is less.
Subd. 2.
Persons who are developmentally disabled.
If, at the conclusion of a review hearing the court finds that the person continues to be developmentally disabled, the court shall order commitment of the person for an indeterminate period of time, subject to the reviews required by section 253B.03, subdivisions 5 and 7, and subject to the right of the patient to seek judicial review of continued commitment.
Subd. 3.
[Repealed, 1997 c 217 art 1 s 118]
History:
1982 c 581 s 13; 1983 c 251 s 15; 1985 c 231 s 1; 1997 c 217 art 1 s 70,71; 2005 c 56 s 1; 1Sp2020 c 2 art 6 s 65
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 253B — Civil Commitment › Section 253B.14 — Transfer Of Committed Persons.

253B.14 TRANSFER OF COMMITTED PERSONS.
The commissioner may transfer any committed person, other than a person committed as a person who has a mental illness and is dangerous to the public, a sexually dangerous person, or a sexual psychopathic personality, from one state-operated treatment program to any other state-operated treatment program capable of providing proper care and treatment. When a committed person is transferred from one state-operated treatment program to another, written notice shall be given to the committing court, the county attorney, the patient's counsel, and to the person's parent, health care agent, or spouse or, if none is known, to an interested person, and the designated agency.
History:
1982 c 581 s 14; 1986 c 444; 1997 c 217 art 1 s 72; 2009 c 108 s 8; 2010 c 300 s 22; 1Sp2020 c 2 art 6 s 66
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 253B — Civil Commitment › Section 253B.16 — Discharge Of Committed Persons.

253B.16 DISCHARGE OF COMMITTED PERSONS.
Subdivision 1.
Date.
The head of a treatment facility, state-operated treatment program, or community-based treatment program shall discharge any patient admitted as a person who poses a risk of harm due to mental illness, or a person who has a chemical dependency or a developmental disability when the head of the facility or program certifies that the person is no longer in need of care and treatment under commitment or at the conclusion of any period of time specified in the commitment order, whichever occurs first. The head of a facility or program shall discharge any person admitted as a person with a developmental disability when that person's screening team has determined, under section 256B.092, subdivision 8, that the person's needs can be met by services provided in the community and a plan has been developed in consultation with the interdisciplinary team to place the person in the available community services.
Subd. 2.
Notification of discharge.
Prior to the discharge or provisional discharge of any committed patient, the head of the treatment facility, state-operated treatment program, or community-based treatment program shall notify the designated agency and the patient's spouse or health care agent, or if there is no spouse or health care agent, then an adult child, or if there is none, the next of kin of the patient, of the proposed discharge. The facility or program shall send the notice in writing and shall include the following: (1) the proposed date of discharge or provisional discharge; (2) the date, time and place of the meeting of the staff who have been treating the patient to discuss discharge and discharge planning; (3) the fact that the patient will be present at the meeting; and (4) the fact that the next of kin or health care agent may attend that staff meeting and present any information relevant to the discharge of the patient.
History:
1982 c 581 s 16; 1986 c 444; 1988 c 623 s 15; 1997 c 217 art 1 s 83; 2002 c 221 s 27; 2005 c 56 s 1; 2009 c 108 s 9; 1Sp2020 c 2 art 6 s 80
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 253B — Civil Commitment › Section 253B.17 — Release; Judicial Determination.

253B.17 RELEASE; JUDICIAL DETERMINATION.
Subdivision 1.
Petition.
Any patient, except one committed as a sexually dangerous person or a person with a sexual psychopathic personality or as a person who has a mental illness and is dangerous to the public as provided in section 253B.18, subdivision 3, or any interested person may petition the committing court or the court to which venue has been transferred for an order that the patient is not in need of continued care and treatment under commitment or for an order that an individual is no longer a person who poses a risk of harm due to mental illness, or a person who has a developmental disability or chemical dependency, or for any other relief. A patient committed as a person who poses a risk of harm due to mental illness, a person who has a mental illness and is dangerous to the public, a sexually dangerous person, or a person with a sexual psychopathic personality may petition the committing court or the court to which venue has been transferred for a hearing concerning the administration of neuroleptic medication.
Subd. 2.
Notice of hearing.
Upon the filing of the petition, the court shall fix the time and place for the hearing on it. Ten days' notice of the hearing shall be given to the county attorney, the patient, patient's counsel, the person who filed the initial commitment petition, the head of the facility or program to which the person is committed, and other persons as the court directs. Any person may oppose the petition.
Subd. 3.
Court examiners.
The court shall appoint a court examiner and, at the patient's request, shall appoint a second court examiner of the patient's choosing to be paid for by the county at a rate of compensation to be fixed by the court. Unless otherwise agreed by the parties, a court examiner shall file a report with the court not less than 48 hours prior to the hearing under this section.
Subd. 4.
Evidence.
The patient, patient's counsel, the petitioner, and the county attorney shall be entitled to be present at the hearing and to present and cross-examine witnesses, including court examiners. The court may hear any relevant testimony and evidence offered at the hearing.
Subd. 5.
Order.
Upon completion of the hearing, the court shall enter an order stating its findings and decision and mail the order to the head of the treatment facility, state-operated treatment program, or community-based treatment program.
History:
1982 c 581 s 17; 1986 c 444; 1988 c 689 art 2 s 120; 1990 c 568 art 5 s 32; 1995 c 189 s 7; 1997 c 217 art 1 s 84,85; 1999 c 118 s 2; 2002 c 221 s 28; 2005 c 56 s 1; 2013 c 49 s 6; 1Sp2020 c 2 art 6 s 81
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 253B — Civil Commitment › Section 253B.21 — Commitment To An Agency Of The United States.

253B.21 COMMITMENT TO AN AGENCY OF THE UNITED STATES.
Subdivision 1.
Administrative procedures.
If the patient is entitled to care by any agency of the United States in this state, the commitment warrant shall be in triplicate, committing the patient to the joint custody of the head of the treatment facility, state-operated treatment program, or community-based treatment program and the federal agency. If the federal agency is unable or unwilling to receive the patient at the time of commitment, the patient may subsequently be transferred to it upon its request.
Subd. 2.
Applicable regulations.
Any person, when admitted to an institution of a federal agency within or without this state, shall be subject to the rules and regulations of the federal agency, except that nothing in this section shall deprive any person of rights secured to patients of state-operated treatment programs, treatment facilities, and community-based treatment programs by this chapter.
Subd. 3.
Powers.
The chief officer of any treatment facility operated by a federal agency to which any person is admitted shall have the same powers as the heads of state-operated treatment programs within this state with respect to admission, retention of custody, transfer, parole, or discharge of the committed person.
Subd. 4.
Foreign judgments.
The judgment or order of commitment by a court of competent jurisdiction of another state committing a person to a federal agency for care or treatment in this state, shall have the same force and effect as to the committed person while in this state as in the jurisdiction in which is situated the court entering the judgment or making the order. The committing state consents to the authority of the chief officer of any treatment facility of a federal agency in this state, to retain custody of, transfer, parole, or discharge the committed person.
Subd. 5.
[Repealed, 1997 c 217 art 1 s 118]
History:
1982 c 581 s 21; 1983 c 348 s 13; 1986 c 444; 1997 c 217 art 1 s 110; 1Sp2020 c 2 art 6 s 104-106
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 253B — Civil Commitment › Section 253B.22 — Review Boards.

253B.22 REVIEW BOARDS.
Subdivision 1.
Establishment.
The commissioner shall establish a review board of three or more persons for the Anoka-Metro Regional Treatment Center, Minnesota Security Hospital, and Minnesota Sex Offender Program to review the admission and retention of patients of that program receiving services under this chapter. One member shall be qualified in the diagnosis of mental illness, developmental disability, or chemical dependency, and one member shall be an attorney. The commissioner may, upon written request from the appropriate federal authority, establish a review panel for any federal treatment facility within the state to review the admission and retention of patients hospitalized under this chapter. For any review board established for a federal treatment facility, one of the persons appointed by the commissioner shall be the commissioner of veterans affairs or the commissioner's designee.
Subd. 2.
Right to appear.
Each program specified in subdivision 1 shall be visited by the review board at least once every six months. Upon request each patient in the program shall have the right to appear before the review board during the visit.
Subd. 3.
Notice.
The head of each program specified in subdivision 1 shall notify each patient at the time of admission by a simple written statement of the patient's right to appear before the review board and the next date when the board will visit that program. A request to appear before the board need not be in writing. Any employee of the program receiving a patient's request to appear before the board shall notify the head of the program of the request.
Subd. 4.
Review.
The board shall review the admission and retention of patients at the program. The board may examine the records of all patients admitted and may examine personally at its own instigation all patients who from the records or otherwise appear to justify reasonable doubt as to continued need of confinement in the program. The review board shall report its findings to the commissioner and to the head of the program. The board may also receive reports from patients, interested persons, and employees of the program, and investigate conditions affecting the care of patients.
Subd. 5.
Compensation.
Each member of the review board shall receive compensation and reimbursement as established by the commissioner.
History:
1982 c 581 s 22; 1983 c 251 s 25; 1986 c 444; 1997 c 217 art 1 s 111; 2005 c 56 s 1; 1Sp2020 c 2 art 6 s 111-114
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 253B — Civil Commitment › Section 253B.24 — Transmittal Of Data To National Instant Criminal Background Check System.

253B.24 TRANSMITTAL OF DATA TO NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM.
When a court:
(1) commits a person under this chapter due to mental illness, developmental disability, or chemical dependency, or as a person who has a mental illness and is dangerous to the public;
(2) determines in a criminal case that a person is incompetent to stand trial or not guilty by reason of mental illness; or
(3) restores a person's ability to possess a firearm under section 609.165, subdivision 1d, or 624.713, subdivision 4,
the court shall ensure that this information is electronically transmitted within three business days to the National Instant Criminal Background Check System.
History:
2009 c 139 s 1,7; 2013 c 86 art 4 s 2; 1Sp2020 c 2 art 6 s 118
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 253C — Residential Treatment Program Reporting › Section 253C.01 — Reporting By Residential Treatment Programs Required.

253C.01 REPORTING BY RESIDENTIAL TREATMENT PROGRAMS REQUIRED.
Subdivision 1.
Definition.
As used in this section, "residential program" means (1) a hospital-based primary treatment program that provides residential treatment to minors with emotional disturbance as defined by the Comprehensive Children's Mental Health Act in sections 245.487 to 245.4889, or (2) a facility licensed by the state under Minnesota Rules, parts 2960.0580 to 2960.0700, to provide services to minors on a 24-hour basis.
Subd. 2.
Information required.
Beginning June 1, 1986, each residential program shall collect the information listed in this subdivision. Each residential program shall provide the required information annually on a date to be determined by the commissioner of human services. All residential programs shall report to the commissioner of human services. The summary reports on each program are public data and must contain at least the following information for the period covered by the report:
(1) number of minors admitted to the program;
(2) number of minors discharged from the program;
(3) number of minors served during the reporting period;
(4) number of minors who remained in residence for less than 30 days;
(5) number of minors who remained in residence for between 30 and 60 days;
(6) number of minors who remained in residence for more than 60 days;
(7) average length of stay of minors in the program;
(8) number of minors who have received psychotropic medications as part of treatment in the program;
(9) age, race, and sex of each minor admitted to the program;
(10) number of minors admitted who have previously had residential treatment;
(11) number of minors discharged who are on private pay or third-party reimbursement payment and number who are receiving government funds for treatment;
(12) the county of residence of discharged minors;
(13) number of admitted minors whose admission is court-ordered; and
(14) number of beds on a locked unit and number of beds on an unlocked unit.
Subd. 3.
Release and summary of data.
The reporting requirement of this section must not release individual names of minors or other identifying information. The commissioner of health and the commissioner of human services shall make the reports available to interested persons upon request.
History:
1986 c 326 s 7; 1991 c 292 art 6 s 43,44; 1Sp2003 c 14 art 11 s 11; 2007 c 147 art 8 s 38; 2016 c 158 art 1 s 104
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 253D — Civil Commitment And Treatment Of Sex Offenders › Section 253D.01 — Citation.

253D.01 CITATION.
This chapter may be cited as the "Minnesota Commitment and Treatment Act: Sexually Dangerous Persons and Sexual Psychopathic Personalities."
History:
2013 c 49 s 9
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 253D — Civil Commitment And Treatment Of Sex Offenders › Section 253D.03 — General Provisions.

253D.03 GENERAL PROVISIONS.
The provisions of section 253B.23 apply to commitments under this chapter except where inconsistent with this chapter.
History:
2013 c 49 s 11
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 253D — Civil Commitment And Treatment Of Sex Offenders › Section 253D.04 — Review Board.

253D.04 REVIEW BOARD.
The commissioner shall establish a review board under section 253B.22 for facilities of the Minnesota Sex Offender Program.
History:
2013 c 49 s 12
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 253D — Civil Commitment And Treatment Of Sex Offenders › Section 253D.07 — Proceedings.

253D.07 PROCEEDINGS.
Subdivision 1.
Commitment generally.
Before commitment proceedings are instituted, the facts shall first be submitted to the county attorney, who, if satisfied that good cause exists, will prepare the petition. The county attorney may request a prepetition screening report. The petition is to be executed by a person having knowledge of the facts and filed with the district court of the county of financial responsibility, as defined in section 253B.02, subdivision 4c, or the county where the respondent is present. If the respondent is in the custody of the commissioner of corrections, the petition may be filed in the county where the conviction for which the person is incarcerated was entered.
Subd. 2.
Petition.
Upon the filing of a petition alleging that a proposed respondent is a sexually dangerous person or a person with a sexual psychopathic personality, all of the applicable procedures contained in sections 253B.07 and 253B.08 apply to the commitment proceeding.
Subd. 3.
Secure treatment facility.
If the court finds by clear and convincing evidence that the respondent is a sexually dangerous person or a person with a sexual psychopathic personality, the court shall commit the person to a secure treatment facility unless the person establishes by clear and convincing evidence that a less restrictive treatment program is available, is willing to accept the respondent under commitment, and is consistent with the person's treatment needs and the requirements of public safety.
Subd. 4.
Period of commitment.
After a determination that a respondent is a sexually dangerous person or a person with a sexual psychopathic personality, the court shall order commitment for an indeterminate period of time and the committed person shall be transferred, provisionally discharged, or discharged, only as provided in this chapter.
Subd. 5.
Not to constitute defense.
The existence in any person of a condition of a sexual psychopathic personality or the fact that a person is a sexually dangerous person shall not in any case constitute a defense to a charge of crime, nor relieve such person from liability to be tried upon a criminal charge.
History:
1Sp1994 c 1 art 1 s 4; 1999 c 118 s 6; 2002 c 221 s 37; 2010 c 300 s 26; 2010 c 357 s 9; 2010 c 385 s 7; 2011 c 102 art 1 s 1; 2013 c 49 s 7,22; 1Sp2020 c 2 art 6 s 120
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 253D — Civil Commitment And Treatment Of Sex Offenders › Section 253D.08 — County Attorney Access To Data.

253D.08 COUNTY ATTORNEY ACCESS TO DATA.
Notwithstanding sections 144.291 to 144.298; 245.467, subdivision 6; 245.4876, subdivision 7; 260B.171; 260B.235, subdivision 8; 260C.171; and 609.749, subdivision 6, or any provision of chapter 13 or other state law, prior to filing a petition for commitment of a sexually dangerous person or a person with a sexual psychopathic personality, and upon notice to the proposed committed person, the county attorney or the county attorney's designee may move the court for an order granting access to any records or data, to the extent it relates to the proposed committed person, for the purpose of determining whether good cause exists to file a petition and, if a petition is filed, to support the allegations set forth in the petition.
The court may grant the motion if: (1) the Department of Corrections refers the case for commitment of a sexually dangerous person or a person with a sexual psychopathic personality; or (2) upon a showing that the requested category of data or records may be relevant to the determination by the county attorney or designee. The court shall decide a motion under this section within 48 hours after a hearing on the motion. Notice to the proposed committed person need not be given upon a showing that such notice may result in harm or harassment of interested persons or potential witnesses.
Notwithstanding any provision of chapter 13 or other state law, a county attorney considering the civil commitment of a person under this chapter may obtain records and data from the Department of Corrections or any probation or parole agency in this state upon request, without a court order, for the purpose of determining whether good cause exists to file a petition and, if a petition is filed, to support the allegations set forth in the petition. At the time of the request for the records, the county attorney shall provide notice of the request to the person who is the subject of the records.
Data collected pursuant to this section shall retain their original status and, if not public, are inadmissible in any court proceeding unrelated to civil commitment, unless otherwise permitted.
History:
2000 c 480 s 1; 2008 c 299 s 13; 2008 c 326 s 10; 2010 c 300 s 26; 2013 c 49 s 7,22
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 253D — Civil Commitment And Treatment Of Sex Offenders › Section 253D.09 — Petition Required.

253D.09 PETITION REQUIRED.
(a) Within 120 days of receipt of a preliminary determination from a court under section 609.1351, or a referral from the commissioner of corrections pursuant to section 244.05, subdivision 7, a county attorney shall determine whether good cause under section 253D.07 exists to file a petition, and if good cause exists, the county attorney or designee shall file the petition with the court.
(b) Failure to meet the requirements of paragraph (a) does not bar filing a petition under section 253D.07, subdivision 2, any time the county attorney determines pursuant to section 253D.07 that good cause for such a petition exists.
History:
2007 c 147 art 8 s 14; 2010 c 300 s 26; 2013 c 49 s 7,22
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 253D — Civil Commitment And Treatment Of Sex Offenders › Section 253D.11 — Statewide Judicial Panel.

253D.11 STATEWIDE JUDICIAL PANEL.
Subdivision 1.
Establishment.
The supreme court may establish a panel of district judges with statewide authority to preside over commitment proceedings of sexually dangerous persons or persons with sexual psychopathic personalities. Only one judge of the panel is required to preside over a particular commitment proceeding. Panel members shall serve for one-year terms. One of the judges shall be designated as the chief judge of the panel, and is vested with the power to designate the presiding judge in a particular case, to set the proper venue for the proceedings, and to otherwise supervise and direct the operation of the panel. The chief judge shall designate one of the other judges to act as chief judge whenever the chief judge is unable to act.
Subd. 2.
Petitions.
If the supreme court creates the judicial panel authorized by this section, all petitions for civil commitment brought under section 253D.07 shall be filed with the supreme court instead of with the district court in the county where the proposed patient is present, notwithstanding any provision of section 253D.07 to the contrary. Otherwise, all of the other applicable procedures contained in this chapter and sections 253B.07 and 253B.08 apply to commitment proceedings conducted by a judge on the panel.
History:
1Sp1994 c 1 art 1 s 4; 1997 c 217 art 1 s 100; 2010 c 300 s 26; 2013 c 49 s 7,22
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 253D — Civil Commitment And Treatment Of Sex Offenders › Section 253D.12 — Financial Responsibility.

253D.12 FINANCIAL RESPONSIBILITY.
Subdivision 1.
State facility.
For purposes of this section, "state facility" has the meaning given in section 246.50 and also includes a Department of Corrections facility when the respondent is confined in such a facility pursuant to section 253D.10, subdivision 2.
Subd. 2.
Share of cost of confinement.
Notwithstanding sections 246.54, 253D.10, and any other law to the contrary, when a petition is filed for commitment under this chapter pursuant to the notice required in section 244.05, subdivision 7, the state and county are each responsible for 50 percent of the cost of the person's confinement at a state facility or county jail, prior to commitment.
Subd. 3.
Reimbursement.
The county shall submit an invoice to the state court administrator for reimbursement of the state's share of the cost of confinement.
Subd. 4.
Reimbursement limit.
Notwithstanding subdivision 2, the state's responsibility for reimbursement is limited to the amount appropriated for this purpose.
History:
1999 c 216 art 6 s 6; 2008 c 299 s 14; 2008 c 326 art 2 s 11; 2010 c 300 s 26; 2013 c 49 s 7,22
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 253D — Civil Commitment And Treatment Of Sex Offenders › Section 253D.13 — Procedures Upon Commitment.

253D.13 PROCEDURES UPON COMMITMENT.
Upon commitment under this chapter, admission procedures shall be carried out under section 253B.10.
History:
2013 c 49 s 13
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 253D — Civil Commitment And Treatment Of Sex Offenders › Section 253D.17 — Rights Of Committed Persons; Generally.

253D.17 RIGHTS OF COMMITTED PERSONS; GENERALLY.
Persons committed under this chapter have the rights described in section 253B.03, except as limited under section 253D.19.
History:
2013 c 49 s 14
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 253D — Civil Commitment And Treatment Of Sex Offenders › Section 253D.18 — Administrative Restriction.

253D.18 ADMINISTRATIVE RESTRICTION.
(a) A committed person has the right to be free from unnecessary or excessive administrative restriction. Administrative restriction shall not be used for the convenience of staff, for retaliation for filing complaints, or as a substitute for program treatment. Administrative restriction may not involve any further deprivation of privileges than is necessary.
(b) Administrative restriction may include separate and secure housing.
(c) Committed persons under administrative restriction shall not be limited in access to their attorney.
(d) If a committed person is placed on administrative restriction because the committed person is suspected of committing a crime, the secure treatment facility must report the crime to the appropriate police agency within 24 hours of the beginning of administrative restriction. The committed person must be released from administrative restriction if a police agency does not begin an investigation within 72 hours of the report.
(e) A committed person placed on administrative restriction because the committed person is a subject of a criminal investigation must be released from administrative restriction when the investigation is completed. If the committed person is charged with a crime following the investigation, administrative restriction may continue until the charge is disposed of.
(f) The secure treatment facility must notify the committed person's attorney of the committed person being placed on administrative restriction within 24 hours after the beginning of administrative restriction.
(g) The commissioner shall establish policies and procedures according to section 246.014, paragraph (d), regarding the use of administrative restriction. The policies and procedures shall identify the implementation and termination of administrative restrictions. Use of administration restriction and the reason associated with the use shall be documented in the committed person's medical record.
History:
2004 c 288 art 3 s 17; 2013 c 49 s 3,22
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 253D — Civil Commitment And Treatment Of Sex Offenders › Section 253D.19 — Rights Of Persons Committed Under This Chapter.

253D.19 RIGHTS OF PERSONS COMMITTED UNDER THIS CHAPTER.
Subdivision 1.
Limited rights.
The commissioner may limit the statutory rights described in subdivision 2 for persons committed to the Minnesota Sex Offender Program under this chapter or with the commissioner's consent under section 246B.02. The statutory rights described in subdivision 2 may be limited only as necessary to maintain a therapeutic environment or the security of the facility or to protect the safety and well-being of committed persons, staff, and the public.
Subd. 2.
Statutory rights.
The statutory rights that may be limited in accordance with subdivision 1 are those set forth in section 144.651, subdivision 19, personal privacy; section 144.651, subdivision 21, private communications; section 144.651, subdivision 22, retain and use of personal property; section 144.651, subdivision 25, manage personal financial affairs; section 144.651, subdivision 26, meet with visitors and participate in groups; section 253B.03, subdivision 2, correspond with others; and section 253B.03, subdivision 3, receive visitors and make telephone calls. Other statutory rights enumerated by sections 144.651 and 253B.03, or any other law, may be limited as provided in those sections.
History:
2004 c 288 art 3 s 18; 2010 c 300 s 26; 2013 c 49 s 7,22
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 253D — Civil Commitment And Treatment Of Sex Offenders › Section 253D.20 — Right To Counsel.

253D.20 RIGHT TO COUNSEL.
A committed person has the right to be represented by counsel at any proceeding under this chapter. The court shall appoint a qualified attorney to represent the committed person if neither the committed person nor others provide counsel. The attorney shall be appointed at the time a petition for commitment is filed. In all proceedings under this chapter, the attorney shall:
(1) consult with the person prior to any hearing;
(2) be given adequate time and access to records to prepare for all hearings;
(3) continue to represent the person throughout any proceedings under this chapter unless released as counsel by the court; and
(4) be a vigorous advocate on behalf of the person.
History:
2013 c 49 s 15
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 253D — Civil Commitment And Treatment Of Sex Offenders › Section 253D.21 — Neuroleptic Medication.

253D.21 NEUROLEPTIC MEDICATION.
Neuroleptic medications may be administered to a person committed under this chapter only as provided in section 253B.092.
History:
2013 c 49 s 16
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 253D — Civil Commitment And Treatment Of Sex Offenders › Section 253D.22 — Transfer To Correctional Facility.

253D.22 TRANSFER TO CORRECTIONAL FACILITY.
(a) If a person has been committed under this chapter and later is committed to the custody of the commissioner of corrections for any reason, including but not limited to, being sentenced for a crime or revocation of the person's supervised release or conditional release under section 244.05; 609.3455, subdivision 6, 7, or 8; Minnesota Statutes 2004, section 609.108, subdivision 6; or Minnesota Statutes 2004, section 609.109, subdivision 7, the person shall be transferred to a facility designated by the commissioner of corrections without regard to the procedures provided in section 253D.29, subdivision 1.
(b) If a person is committed under this chapter after a commitment to the commissioner of corrections, the person shall first serve the sentence in a facility designated by the commissioner of corrections. After the person has served the sentence, the person shall be transferred to a treatment program designated by the commissioner of human services.
History:
1Sp1994 c 1 art 1 s 4; 2000 c 359 s 1; 2007 c 13 art 3 s 37; 2007 c 147 art 11 s 9; 2010 c 300 s 26; 2013 c 49 s 7,22
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 253D — Civil Commitment And Treatment Of Sex Offenders › Section 253D.23 — Passes.

253D.23 PASSES.
A committed person may be released on a pass only as provided by section 253B.18, subdivisions 4a and 4b.
History:
2013 c 49 s 17
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 253D — Civil Commitment And Treatment Of Sex Offenders › Section 253D.31 — Discharge.

253D.31 DISCHARGE.
A person who is committed as a sexually dangerous person or a person with a sexual psychopathic personality shall not be discharged unless it appears to the satisfaction of the judicial appeal panel, after a hearing and recommendation by a majority of the special review board, that the committed person is capable of making an acceptable adjustment to open society, is no longer dangerous to the public, and is no longer in need of treatment and supervision.
In determining whether a discharge shall be recommended, the special review board and judicial appeal panel shall consider whether specific conditions exist to provide a reasonable degree of protection to the public and to assist the committed person in adjusting to the community. If the desired conditions do not exist, the discharge shall not be granted.
History:
2010 c 300 s 26; 2013 c 49 s 7,22; 2018 c 194 s 2
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 253D — Civil Commitment And Treatment Of Sex Offenders › Section 253D.32 — Scope Of Community Notification.

253D.32 SCOPE OF COMMUNITY NOTIFICATION.
Subdivision 1.
Notice and disclosure.
Notification of the public and disclosure of information under section 244.052, subdivision 4, regarding an individual who was committed under this chapter or Minnesota Statutes 1992, section 526.10, is as provided under section 244.052, subdivision 4, paragraphs (b), clause (3), and (g), and subdivision 4b, regardless of the individual's assigned risk level. The restrictions under section 244.052, subdivision 4, paragraph (b), clause (3), placed on disclosing information on individuals living in residential facilities do not apply to persons committed under this section or Minnesota Statutes 1992, section 526.10. The local law enforcement agency may proceed with the broadest disclosure authorized under section 244.052, subdivision 4.
Subd. 2.
Petition by committed individual.
(a) After four years from the date of an order for provisional discharge or discharge of civil commitment, the individual may petition the executive director to have the scope of notification and disclosure based solely upon the individual's assigned risk level under section 244.052.
(b) If an individual's provisional discharge is revoked for any reason, the four-year time period under paragraph (a) starts over from the date of a subsequent order for provisional discharge or discharge except that the executive director may, in that person's sole discretion, determine that the individual may petition before four years have elapsed from the date of the order of the subsequent provisional discharge or discharge and notify the individual of that determination.
(c) The executive director shall appoint a multidisciplinary committee to review and make a recommendation on a petition made under paragraph (a). The executive director may grant or deny the petition. There is no review or appeal of the decision. If a petition is denied, the individual may petition again after two years from the date of denial.
(d) Nothing in this chapter shall be construed to give an individual an affirmative right to petition the executive director earlier than four years after the date of an order for provisional discharge or discharge.
Subd. 3.
Executive director.
The executive director shall act in place of the individual's corrections agent for the purpose of section 244.052, subdivision 3, paragraph (h), when the individual is not assigned to a corrections agent.
History:
2011 c 102 art 4 s 1; 2012 c 123 s 1; 2013 c 49 s 7,22
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 253D — Civil Commitment And Treatment Of Sex Offenders › Section 253D.35 — Aftercare Services.

253D.35 AFTERCARE SERVICES.
Subdivision 1.
Provision.
The Minnesota Sex Offender Program shall provide the supervision, aftercare, and case management services for a person under commitment as a sexually dangerous person or a person with a sexual psychopathic personality. The designated agency, as defined in section 253B.02, subdivision 5, shall assist with eligibility for public welfare benefits and will provide those services that are available exclusively through county government.
Subd. 2.
Plan.
Prior to the date of discharge or provisional discharge of any person committed as a sexually dangerous person or a person with a sexual psychopathic personality, the executive director shall establish a continuing plan of aftercare services for the committed person, including a plan for medical and behavioral health services, financial sustainability, housing, social supports, or other assistance the committed person needs. The Minnesota Sex Offender Program shall provide case management services and shall assist the committed person in finding employment, suitable shelter, and adequate medical and behavioral health services and otherwise assist in the committed person's readjustment to the community.
History:
2010 c 300 s 26; 2013 c 49 s 7,22
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 253D — Civil Commitment And Treatment Of Sex Offenders › Section 253D.36 — Discharge; Administrative Procedures.

253D.36 DISCHARGE; ADMINISTRATIVE PROCEDURES.
Upon discharge from commitment under this chapter, administrative procedures shall be carried out, to the extent applicable, under section 253B.20.
History:
2013 c 49 s 19
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 254A — Treatment For Alcohol And Drug Abuse › Section 254A.01 — Public Policy.

254A.01 PUBLIC POLICY.
It is hereby declared to be the public policy of this state that scientific evidence shows that addiction to alcohol or other drugs is a chronic brain disorder with potential for recurrence, and as with many other chronic conditions, people with substance use disorders can be effectively treated and can enter recovery. The interests of society are best served by reducing the stigma of substance use disorder and providing persons who are dependent upon alcohol or other drugs with a comprehensive range of rehabilitative and social services that span intensity levels and are not restricted to a particular point in time. Further, it is declared that treatment under these services shall be voluntary when possible: treatment shall not be denied on the basis of prior treatment; treatment shall be based on an individual treatment plan for each person undergoing treatment; treatment shall include a continuum of services available for a person leaving a program of treatment; treatment shall include all family members at the earliest possible phase of the treatment process.
History:
1973 c 572 s 1; 1Sp2017 c 6 art 8 s 38
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 254A — Treatment For Alcohol And Drug Abuse › Section 254A.031 — American Indian Programs.

254A.031 AMERICAN INDIAN PROGRAMS.
The commissioner shall enter into one or more purchase of service agreements to provide programs for American Indians. The agreements shall provide for residential and aftercare treatment programs, programs relating to prevention, education, and community awareness, and training programs. All programs shall be designed to meet the needs identified by the American Indian community, and appropriate recognition shall be given to the cultural and social needs of American Indians. The commissioner shall enter into the agreements after consultation with the special assistant for American Indian programs of the Alcohol and Drug Abuse Section of the Department of Human Services, and all agreements shall be reviewed pursuant to section 254A.03.
History:
1976 c 125 s 3; 1979 c 243 s 5; 1984 c 654 art 5 s 58
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 254A — Treatment For Alcohol And Drug Abuse › Section 254A.035 — American Indian Advisory Council.

254A.035 AMERICAN INDIAN ADVISORY COUNCIL.
Subdivision 1.
Establishment.
There is created an American Indian Advisory Council to assist the state authority on substance misuse and substance use disorder in proposal review and formulating policies and procedures relating to substance misuse and substance use disorder by American Indians.
Subd. 2.
Membership terms, compensation, removal and expiration.
The membership of this council shall be composed of 17 persons who are American Indians and who are appointed by the commissioner. The commissioner shall appoint one representative from each of the following groups: Red Lake Band of Chippewa Indians; Fond du Lac Band, Minnesota Chippewa Tribe; Grand Portage Band, Minnesota Chippewa Tribe; Leech Lake Band, Minnesota Chippewa Tribe; Mille Lacs Band, Minnesota Chippewa Tribe; Bois Forte Band, Minnesota Chippewa Tribe; White Earth Band, Minnesota Chippewa Tribe; Lower Sioux Indian Reservation; Prairie Island Sioux Indian Reservation; Shakopee Mdewakanton Sioux Indian Reservation; Upper Sioux Indian Reservation; International Falls Northern Range; Duluth Urban Indian Community; and two representatives from the Minneapolis Urban Indian Community and two from the St. Paul Urban Indian Community. The terms, compensation, and removal of American Indian Advisory Council members shall be as provided in section 15.059.
History:
1984 c 545 s 2; 1988 c 629 s 49; 1993 c 337 s 14; 1997 c 192 s 33; 1Sp2005 c 4 art 3 s 6; 2008 c 286 art 2 s 1; 2012 c 271 s 1; 2013 c 142 art 2 s 2; 2014 c 286 art 7 s 6; 2014 c 291 art 3 s 4; 1Sp2017 c 6 art 8 s 48; 2018 c 164 s 1; 2023 c 50 art 1 s 20
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 254A — Treatment For Alcohol And Drug Abuse › Section 254A.08 — Detoxification Centers.

254A.08 DETOXIFICATION CENTERS.
Subdivision 1.
Detoxification services.
Every county board shall provide detoxification services for any person incapable of self-management or management of personal affairs or unable to function physically or mentally in an effective manner because of the use of a drug, including alcohol. The board may utilize existing treatment programs and other agencies to meet this responsibility.
Subd. 2.
Program requirements.
For the purpose of this section, a detoxification program means a social rehabilitation program licensed by the Department of Human Services under chapter 245A, and governed by the standards of Minnesota Rules, parts 9530.6510 to 9530.6590, and established for the purpose of facilitating access into care and treatment by detoxifying and evaluating the person and providing entrance into a comprehensive program. Evaluation of the person shall include verification by a professional, after preliminary examination, that the person is intoxicated or has symptoms of substance misuse or substance use disorder and appears to be in imminent danger of harming self or others. A detoxification program shall have available the services of a licensed physician, advanced practice registered nurse, or physician assistant for medical emergencies and routine medical surveillance. A detoxification program licensed by the Department of Human Services to serve both adults and minors at the same site must provide for separate sleeping areas for adults and minors.
Subd. 3.
[Repealed, 1979 c 324 s 50]
History:
1973 c 572 s 8; 1976 c 286 s 1; 1978 c 674 s 26; 1979 c 324 s 45; 1981 c 355 s 33; 1989 c 282 art 2 s 101; 1Sp2017 c 6 art 8 s 50; 2020 c 115 art 4 s 104; 2022 c 58 s 127
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 254A — Treatment For Alcohol And Drug Abuse › Section 254A.09 — Confidentiality Of Records.

254A.09 CONFIDENTIALITY OF RECORDS.
The Department of Human Services shall assure confidentiality to individuals who are the subject of research by the state authority or are recipients of substance misuse or substance use disorder information, assessment, or treatment from a licensed or approved program. The commissioner shall withhold from all persons not connected with the conduct of the research the names or other identifying characteristics of a subject of research unless the individual gives written permission that information relative to treatment and recovery may be released. Persons authorized to protect the privacy of subjects of research may not be compelled in any federal, state or local, civil, criminal, administrative or other proceeding to identify or disclose other confidential information about the individuals. Identifying information and other confidential information related to substance misuse or substance use disorder information, assessment, treatment, or aftercare services may be ordered to be released by the court for the purpose of civil or criminal investigations or proceedings if, after review of the records considered for disclosure, the court determines that the information is relevant to the purpose for which disclosure is requested. The court shall order disclosure of only that information which is determined relevant. In determining whether to compel disclosure, the court shall weigh the public interest and the need for disclosure against the injury to the patient, to the treatment relationship in the program affected and in other programs similarly situated, and the actual or potential harm to the ability of programs to attract and retain patients if disclosure occurs. This section does not exempt any person from the reporting obligations under chapter 260E, nor limit the use of information reported in any proceeding arising out of the abuse or neglect of a child. Identifying information and other confidential information related to substance misuse or substance use disorder, assessment, treatment, or aftercare services may be ordered to be released by the court for the purpose of civil or criminal investigations or proceedings. No information may be released pursuant to this section that would not be released pursuant to section 595.02, subdivision 2.
History:
1973 c 572 s 16; 1981 c 240 s 1; 1984 c 654 art 5 s 58; 1985 c 298 s 43; 1986 c 444; 1Sp2017 c 6 art 8 s 51; 1Sp2020 c 2 art 8 s 82
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 254A — Treatment For Alcohol And Drug Abuse › Section 254A.10 — Rules.

254A.10 RULES.
The commissioner of human services, pursuant to the Administrative Procedure Act, shall promulgate rules to implement Laws 1973, chapter 572.
History:
1973 c 572 s 17; 1984 c 654 art 5 s 58