Minnesota Statutes
Chapter 253B — Civil Commitment
Section 253B.095 — Release Before Commitment.

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;
(3) conditions the patient must meet to avoid revocation of the stayed commitment order and imposition of the commitment order; and
(4) a condition that the patient is prohibited from giving consent to participate in a clinical drug trial while the court order is in effect.
(e) Notwithstanding paragraph (d), clause (4), during the period of a stay of commitment, the court may allow the patient to give consent to participate in a specific psychiatric clinical drug trial if the treating psychiatrist testifies or submits an affidavit that the patient may benefit from participating in the trial because, after providing other treatment options for a reasonable period of time, those options have been ineffective. The treating psychiatrist must not be the psychiatrist conducting the psychiatric clinical drug trial. The court must determine that, under the circumstances of the case, the patient is competent to choose to participate in the trial, that the patient is freely choosing to participate in the trial, that the compulsion of the stayed commitment is not being used to coerce the person to participate in the clinical trial, and that a reasonable person may choose to participate in the clinical trial.
(f) A person receiving treatment under this section has all rights under this chapter.
Subd. 2. Case manager. When a court releases a patient under this section, the court shall direct the case manager to report to the court at least once every 90 days and shall immediately report a substantial failure of a patient or provider to comply with the conditions of the release.
Subd. 3. Duration. The maximum duration of a stayed order under this section is six months. The court may continue the order for a maximum of an additional 12 months if, after notice and hearing, under sections 253B.08 and 253B.09 the court finds that (1) the person continues to have a mental illness, developmental disability, or chemical dependency, and (2) an order is needed because the person is likely to attempt to physically harm self or others or fail to obtain necessary food, clothing, shelter, or medical care unless the person is under the supervision of a stayed commitment.
Subd. 4. Modification of order. An order under this section may be modified upon agreement of the parties and approval of the court.
Subd. 5. Revocation of order. The court, on its own motion or upon the motion of any party that the patient has not complied with a material condition of release, and after notice and a hearing unless otherwise ordered by the court, may revoke any release and commit the proposed patient under this chapter.
Subd. 6. [Renumbered subd 4]
Subd. 7. [Renumbered subd 5]
1988 c 623 s 8; 1997 c 217 art 1 s 62; 1998 c 313 s 11; 2005 c 56 s 1; 2009 c 58 s 1; 1Sp2020 c 2 art 6 s 55

Structure Minnesota Statutes

Minnesota Statutes

Chapters 245 - 267 — Public Welfare And Related Activities

Chapter 253B — Civil Commitment

Section 253B.01 — Citation.

Section 253B.02 — Definitions.

Section 253B.03 — Rights Of Patients.

Section 253B.04 — Voluntary Treatment And Admission Procedures.

Section 253B.041 — Services For Engagement In Treatment.

Section 253B.045 — Temporary Confinement.

Section 253B.051 — Emergency Admission.

Section 253B.06 — Initial Assessment.

Section 253B.07 — Judicial Commitment; Preliminary Procedures.

Section 253B.08 — Judicial Commitment; Hearing Procedures.

Section 253B.09 — Decision; Standard Of Proof; Duration.

Section 253B.092 — Administration Of Neuroleptic Medication.

Section 253B.0921 — Access To Medical Records.

Section 253B.095 — Release Before Commitment.

Section 253B.097 — Community-based Treatment.

Section 253B.10 — Procedures Upon Commitment.

Section 253B.12 — Treatment Report; Review; Hearing.

Section 253B.13 — Duration Of Continued Commitment.

Section 253B.14 — Transfer Of Committed Persons.

Section 253B.141 — Authority To Detain And Transport A Missing Patient.

Section 253B.15 — Provisional Discharge; Partial Institutionalization.

Section 253B.16 — Discharge Of Committed Persons.

Section 253B.17 — Release; Judicial Determination.

Section 253B.18 — Persons Who Are Mentally Ill And Dangerous To The Public.

Section 253B.19 — Judicial Appeal Panel; Patients Who Are Mentally Ill And Dangerous To The Public.

Section 253B.20 — Discharge; Administrative Procedure.

Section 253B.21 — Commitment To An Agency Of The United States.

Section 253B.212 — Commitment; Red Lake Band Of Chippewa Indians; White Earth Band Of Ojibwe.

Section 253B.22 — Review Boards.

Section 253B.23 — General Provisions.

Section 253B.24 — Transmittal Of Data To National Instant Criminal Background Check System.