2005 Minnesota Statutes - 253B.095 — Release before commitment.

     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; and 


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


    (e) 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 be mentally ill, 
 chemically dependent, or mentally retarded, and (2) an order is 
 needed to protect the patient or others. 


    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 


    HIST: 1988 c 623 s 8; 1997 c 217 art 1 s 62; 1998 c 313 s 11