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Subdivision 1.Petition for release from commitment.
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.
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Subd. 1a.Petition for hearing concerning administration of neuroleptic medication.
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.
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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.
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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.
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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.
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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.
Notes of Decisions
Cited in
18
cases (
2 in the last 5 years), 1984–2025 · leading case:
Matter of Harhut, 385 N.W.2d 305 (Minn. 1986).
Matter of Harhut, 385 N.W.2d 305 (Minn. 1986).
· cites it 20× “The court further found that the patient’s constitutional rights are adequately protected by Minn.Stat. § 253B.17, which allows the judicial review of involuntary commitment at anytime on motion of the patient or an interested party.”
Matter of Schmidt, 443 N.W.2d 824 (Minn. 1989).
· cites it 4× “10 *830 Additionally, Minn.Stat. § 253B.17, subd. 1 (1988) affords to a patient, such as Schmidt, the right to petition for a hearing at any time concerning the administration of neuroleptic medication.”
In re the Civil Commitment of Moen, 837 N.W.2d 40 (Minn. Ct. App. 2013).
· cites it 2× “In one of the appeals, this court held that section 253B.17, subdivision 1, of the Minnesota Statutes “prohibits [an SDP] from petitioning the committing court for discharge from his indeterminate commitment” and “preclude[s] a rule 60.”
Matter of Jarvis, 433 N.W.2d 120 (Minn. Ct. App. 1988).
· cites it 10× “Counsel relied on recent amendments to Minn.Stat. § 253B.17 in urging the court to appoint the examiners.”
In re Civil Commitment of Lonergan, 811 N.W.2d 635 (Minn. 2012).
· cites it 4× “A patient committed under one of the first three categories may petition the committing court for release under Minn.Stat. § 253B.17, subd. 1. But the same subdivision explicitly denies that right to patients indeterminately committed under one of the last three categories: *640…”
Matter of Kolodrubetz, 411 N.W.2d 528 (Minn. Ct. App. 1987).
· cites it 8× “The petition was brought pursuant to Minn.Stat. § 253B.17, subd. 1. A hearing was held on March 31.”
Matter of Spence, 434 N.W.2d 477 (Minn. Ct. App. 1989).
· cites it 6× “Stanley Spence appeals the trial court’s denial of his petition for release from the chemical dependency program at Anoka Metro Regional Treatment Center (“Treatment Center”) pursuant to Minn.Stat. § 253B.17 (1986). Appellant argues he should be released because the six-month…”
Caprice v. Gomez, 552 N.W.2d 753 (Minn. Ct. App. 1996).
· cites it 2× “1986) (holding that at hearing on judicial review under Minn. Stat. § 253B.17 (1984) of indeterminate commitment as mentally retarded, burden of proof is on state to avoid serious due process concerns).”
Matter of Harhut, 374 N.W.2d 798 (Minn. Ct. App. 1985).
· cites it 3× “Appellant argues the disparate commitment of mentally retarded patients is in violation of equal protection. The trial court found there was a rational basis for distinguishing between the mentally ill and chemically dependent, who recover with treatment, and the mentally…”
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