Subdivision 1. Authority; rules. The commissioner of corrections shall, in accordance with applicable rules and standards prescribed by the Department of Human Services, establish, staff, equip, maintain, and operate at one of the adult correctional institutions under the commissioner's control a mental health unit for the care and treatment of those inmates of state correctional institutions who become mentally ill.
Subd. 2. Examination. When any person confined in an adult correctional institution under the control of the commissioner of corrections is alleged to be a person who is mentally ill, the director of psychological services, or warden or other person in charge of the institution shall cause the person to be examined by a licensed physician especially qualified in the diagnosis of mental illness, or, if none is available, by any licensed physician or licensed mental health professional available to the institution.
Subd. 3. Transfer. If the licensed mental health professional finds the person to be a person who is mentally ill and in need of short-term care, the licensed mental health professional may recommend transfer by the commissioner of corrections to the mental health unit established pursuant to subdivision 1.
Subd. 4. Commitment. If the licensed mental health professional finds the person to be a person who is mentally ill and in need of long-term care in a hospital, or if an inmate transferred pursuant to subdivision 3 refuses to voluntarily participate in the treatment program at the mental health unit, the director of psychological services of the institution or the mental health professional shall initiate proceedings for judicial commitment as provided in section 253B.07. Upon the recommendation of the licensed mental health professional and upon completion of the hearing and consideration of the record, the court may commit the person to the mental health unit established in subdivision 1 or to another hospital. A person confined in a state correctional institution for adults who has been adjudicated to be a person who is mentally ill and in need of treatment may be committed to the commissioner of corrections and placed in the mental health unit established in subdivision 1.
Subd. 5. Discharge. The director of psychological services of the mental health unit established under this section may, subject to the provisions of chapter 253B, provisionally discharge any inmate patient admitted as a person who is mentally ill without discharging the commitment and order the inmate patient's release into the general population of the institution from which admitted, subject to return to the facility for further treatment.
When the director of psychological services of the facility certifies that a patient is no longer in need of institutional care for mental illness the director of psychological services shall discharge the patient to the institution from which committed, and the discharge shall also discharge the mental illness commitment.
A copy of the certification that the inmate is no longer in need of care for mental illness shall be transmitted to the commissioner of corrections. The commissioner of corrections shall give serious consideration to the aforementioned certification for purposes of their supervision over the inmate upon the inmate's release.
Subd. 6. Transfer upon expiration of sentence. If the sentence of a person who has been adjudicated to be mentally ill and committed to the mental health unit established under this section should expire before the person recovers and is discharged therefrom, and, in the judgment of the director of psychological services of the unit, the person requires further hospitalization for mental illness, the person shall be transferred by the commissioner of corrections to a state hospital designated by the commissioner of human services, there to be detained as in the case of other mentally ill persons under judicial commitment.
Subd. 7. Costs. The costs of the commitment proceedings under this section shall be borne by the state.
Subd. 8. Definitions. For the purposes of this section, the words defined in section 253B.02 have the meanings given them in that section.
1978 c 707 s 1; 1981 c 360 art 1 s 18; 1982 c 581 s 24; 1983 c 274 s 18; 1984 c 654 art 5 s 58; 1986 c 444; 1987 c 252 s 4; 1991 c 255 s 19; 2001 c 210 s 10; 2002 c 221 s 11-14; 2007 c 54 art 6 s 11,12
Structure Minnesota Statutes
Chapters 241 - 244 — Corrections
Chapter 241 — Corrections; Department; Facilities
Section 241.01 — Creation Of Department.
Section 241.016 — Annual Performance Report Required.
Section 241.018 — Per Diem Calculation.
Section 241.02 — Transfer Of Powers And Duties.
Section 241.021 — Licensing And Supervision Of Facilities.
Section 241.023 — Designation Of State Correctional Facilities.
Section 241.025 — Fugitive Apprehension Unit.
Section 241.026 — Correctional Officers Discipline Procedures.
Section 241.05 — Religious Activities.
Section 241.06 — Record Of Inmates; Commissioner Of Corrections.
Section 241.065 — Conditional Release Data System.
Section 241.067 — Release Of Inmates; Duties Of Commissioner.
Section 241.068 — Homelessness Mitigation Plan; Annual Reporting On Homelessness.
Section 241.07 — Transfer Of Inmates To Other State Institutions.
Section 241.08 — Money Of Inmates Of Correctional Institutions.
Section 241.09 — Unclaimed Money Or Personal Property Of Inmates Of Correctional Facilities.
Section 241.10 — Disposal Of Funds; Correctional Institutions.
Section 241.105 — Social Security Administration Incentive Payments; Inmate Discharge Planning.
Section 241.11 — Protection Against Fire.
Section 241.13 — Contingent Account; Damage Deposits; Correctional Institutions.
Section 241.14 — Physical Examinations For Employment In Correctional Facilities.
Section 241.16 — Cemetery At Correctional Facilities.
Section 241.18 — Abandonment Of Cemetery; Court Order.
Section 241.20 — Inmates To Do Conservation Work.
Section 241.21 — Inmates Available To State Departments.
Section 241.22 — May Expend Money.
Section 241.23 — Chief Executive Officer To Make Selection.
Section 241.241 — Prison Gardening Program.
Section 241.251 — Press And Media Access For Inmates.
Section 241.26 — Private Employment Of Inmates Of State Correctional Institutions In Community.
Section 241.265 — Higher Education; Certain Payments Prohibited.
Section 241.271 — Reimbursement Of Counties And Municipalities; Budget Request.
Section 241.272 — Fee Collection.
Section 241.275 — Productive Day Initiative Programs; Correctional Facilities.
Section 241.278 — Agreements For Work Force Of State Or County Jail Inmates.
Section 241.30 — Powers With Relation To Compact.
Section 241.301 — Fingerprints Of Inmates, Parolees, And Probationers From Other States.
Section 241.31 — Establishment And Operation By Municipality.
Section 241.32 — Establishment And Operation By State.
Section 241.331 — Conditions For Applicability Of Procedures.
Section 241.332 — Information Required To Be Given To Individuals.
Section 241.333 — Disclosure Of Positive Blood-borne Pathogen Test Results.
Section 241.334 — Consent Procedures Generally.
Section 241.335 — Testing Of Available Blood.
Section 241.336 — Blood Sample Collection For Testing.
Section 241.337 — No Care Or Treatment Withheld.
Section 241.338 — Use Of Test Results.
Section 241.339 — Test Information Confidentiality.
Section 241.341 — Protocol For Exposure To Blood-borne Pathogens.
Section 241.40 — Periodic Reviews Of Substance Abuse Assessment Process.
Section 241.415 — Release Plans; Substance Abuse.
Section 241.416 — Substance Abuse Programs; Record Keeping.
Section 241.67 — Sex Offender Treatment; Programs; Standards; Data.
Section 241.69 — Mental Health Unit; Establishment.
Section 241.70 — Programs For Female Offenders.
Section 241.71 — Creation Of Advisory Task Force.
Section 241.72 — Program Funding.
Section 241.73 — Duties Of Commissioner.
Section 241.75 — Inmate Health Care Decisions.
Section 241.80 — American Indian Cultural Program.
Section 241.85 — Educational Assessments.
Section 241.86 — Mentoring Grant For Children Of Incarcerated Parents.
Section 241.88 — Restraining An Incarcerated Pregnant Woman.
Section 241.89 — Requirements For An Incarcerated Woman.
Section 241.90 — Office Of Ombudsperson; Creation; Qualifications; Function.
Section 241.92 — Organization Of Office Of Ombudsperson.
Section 241.93 — Powers Of Ombudsperson; Investigations; Action On Complaints; Recommendations.