No. 13 Bill To Prevent Experimentation As Condition of Stayed Commitment Orders

A bill for an act 

 

Relating to individuals with mental illnesses who are under a release before civil commitment amending Minnesota statute 253B.095, Release before commitment, by adding a subdivision.

 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA

 

            Subdivision 1. {Court Release.}

 

(a) After the hearing and before a commitment order has been issued, the court may release a proposed patient to the custody of an individual or agency upon conditions that guarantee the care and treatment of the patient.

 

(b)  A person against whom a criminal proceeding is pending may not be released.

 

(c)   A continuance for dismissal, with or without findings, may be granted for up to 90 days.

 

(d)  When the court stays an order for commitment for more than 14 days beyond the date of the initially scheduled hearing, the court shall issue an order that must include:

 

(1)  a written plan for services to which the proposed patient has agreed;

 

(2)  a finding that the proposed treatment is available and accessible to the patient and that public or private financial resources are available to pay for the proposed treatment.

                    

            (a)   “a patient under a release before civil commitment, or on a stayed 

                commitment, shall be prohibited from entering into a psychiatric clinical trial.”

 

(3)  Conditions the patient must meet to avoid revocation of the stayed commitment order and imposition of the commitment.

 

(e)   A person receiving treatment under this section has all rights under this chapter.

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