| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to the attorney general; establishing a Civil Commitment Coordinating |
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| 3 | 3 | | 1.3 Division; establishing various grant programs; requiring reports; appropriating |
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| 4 | 4 | | 1.4 money; proposing coding for new law in Minnesota Statutes, chapter 8. |
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| 5 | 5 | | 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 6 | 6 | | 1.6 Section 1. [8.37] CIVIL COMMITMENT COORDINATING DIVISION. |
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| 7 | 7 | | 1.7 Subdivision 1.Civil Commitment Coordinating Division established.There shall be |
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| 8 | 8 | | 1.8in the Office of the Attorney General a Civil Commitment Coordinating Division. A civil |
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| 9 | 9 | | 1.9commitment coordinator shall be appointed by the attorney general. The civil commitment |
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| 10 | 10 | | 1.10coordinator shall perform duties that may lawfully be assigned to the coordinator by the |
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| 11 | 11 | | 1.11attorney general or by law. |
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| 12 | 12 | | 1.12 Subd. 2.Definitions.(a) The definitions in section 253B.02 apply to this section. |
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| 13 | 13 | | 1.13 (b) For the purposes of this section, "engagement services" means the services described |
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| 14 | 14 | | 1.14under section 253B.041. |
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| 15 | 15 | | 1.15 (c) For the purposes of this section, "outpatient civil commitment" means the option |
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| 16 | 16 | | 1.16available to a committing court under section 253B.09, subdivision 1, paragraph (c). |
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| 17 | 17 | | 1.17 (d) For the purposes of this section, "provisional discharge" means the option available |
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| 18 | 18 | | 1.18to the head of a treatment facility or community-based treatment program under section |
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| 19 | 19 | | 1.19253B.09, subdivision 1. |
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| 20 | 20 | | 1.20 Subd. 3.Duties of the civil commitment coordinator.The civil commitment coordinator |
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| 21 | 21 | | 1.21must: |
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| 22 | 22 | | 1.22 (1) continuously maintain the Civil Commitment Advisory Committee; |
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| 23 | 23 | | 1Section 1. |
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| 24 | 24 | | REVISOR SGS/ES 25-0245502/05/25 |
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| 25 | 25 | | State of Minnesota |
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| 26 | 26 | | This Document can be made available |
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| 27 | 27 | | in alternative formats upon request |
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| 28 | 28 | | HOUSE OF REPRESENTATIVES |
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| 29 | 29 | | H. F. No. 1853 |
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| 30 | 30 | | NINETY-FOURTH SESSION |
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| 31 | 31 | | Authored by Fischer and Baker03/03/2025 |
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| 32 | 32 | | The bill was read for the first time and referred to the Committee on State Government Finance and Policy 2.1 (2) in consultation with the Civil Commitment Advisory Committee, provide best |
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| 33 | 33 | | 2.2practices and guidance regarding engagement services, outpatient civil commitment, and |
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| 34 | 34 | | 2.3provisional discharge to committing courts, counties, designated agencies, treatment facilities, |
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| 35 | 35 | | 2.4and community-based treatment programs; |
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| 36 | 36 | | 2.5 (3) advocate for increased statewide capacity for engagement services, outpatient civil |
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| 37 | 37 | | 2.6commitment, and provisional discharge; |
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| 38 | 38 | | 2.7 (4) provide ongoing technical assistance to those at the local and regional level tasked |
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| 39 | 39 | | 2.8with monitoring participants civilly committed under chapter 253B; |
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| 40 | 40 | | 2.9 (5) provide guidance on data collection of outcomes related to engagement services, |
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| 41 | 41 | | 2.10outpatient civil commitment, and provisional discharge; |
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| 42 | 42 | | 2.11 (6) aggregate and analyze all data submitted by all jurisdictions by either contracting |
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| 43 | 43 | | 2.12with a third party to perform these tasks or entering into an interagency agreement with the |
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| 44 | 44 | | 2.13commissioner of management and budget to utilize the Results First Initiative to perform |
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| 45 | 45 | | 2.14these tasks; |
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| 46 | 46 | | 2.15 (7) ensure that any data submitted is treated in accordance with chapter 13; |
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| 47 | 47 | | 2.16 (8) create a public awareness campaign designed to educate the public about the |
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| 48 | 48 | | 2.17availability and effectiveness of engagement services; |
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| 49 | 49 | | 2.18 (9) administer diversion study grants under section 8.38; and |
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| 50 | 50 | | 2.19 (10) administer engagement services, outpatient civil commitment, and provisional |
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| 51 | 51 | | 2.20discharge grants under section 8.39. |
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| 52 | 52 | | 2.21 Subd. 4.Civil Commitment Advisory Committee.(a) The attorney general shall |
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| 53 | 53 | | 2.22establish the Civil Commitment Advisory Committee. The Civil Commitment Advisory |
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| 54 | 54 | | 2.23Committee shall advise the civil commitment coordinator on identification of best practices |
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| 55 | 55 | | 2.24regarding engagement services, outpatient civil commitment, and provisional discharge; |
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| 56 | 56 | | 2.25development of guidance for implementation of engagement services, outpatient civil |
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| 57 | 57 | | 2.26commitment, and provisional discharge; development of data reporting requirements and |
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| 58 | 58 | | 2.27standards; identification of outcomes to be measured through data analysis; development |
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| 59 | 59 | | 2.28of grading criteria for grant applications; and other topics as determined by the coordinator. |
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| 60 | 60 | | 2.29 (b) The Civil Commitment Advisory Committee must consist of no fewer than 11 |
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| 61 | 61 | | 2.30members and no more than 20 members. The membership of the committee must include: |
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| 62 | 62 | | 2.31 (1) the attorney general or a designee who is not the civil commitment coordinator; |
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| 63 | 63 | | 2.32 (2) the chief executive officer of Direct Care and Treatment or a designee; |
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| 64 | 64 | | 2Section 1. |
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| 65 | 65 | | REVISOR SGS/ES 25-0245502/05/25 3.1 (3) the commissioner of public safety or a designee; |
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| 66 | 66 | | 3.2 (4) a member representing district court judges, appointed by the chief justice of the |
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| 67 | 67 | | 3.3supreme court; |
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| 68 | 68 | | 3.4 (5) a member representing district court administrators, appointed by the chief justice |
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| 69 | 69 | | 3.5of the supreme court; |
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| 70 | 70 | | 3.6 (6) a member representing counties, appointed by the attorney general; |
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| 71 | 71 | | 3.7 (7) a member who was previously civilly committed, appointed by the attorney general; |
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| 72 | 72 | | 3.8 (8) a member who is a parent, sibling, or child of a person currently or previously civilly |
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| 73 | 73 | | 3.9committed, appointed by the attorney general; |
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| 74 | 74 | | 3.10 (9) a member who is a person for whom engagement services were successfully provided, |
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| 75 | 75 | | 3.11appointed by the attorney general; |
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| 76 | 76 | | 3.12 (10) a member who is a provider of engagement services, appointed by the attorney |
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| 77 | 77 | | 3.13general; |
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| 78 | 78 | | 3.14 (11) a member who represents a treatment facility or community-based treatment program |
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| 79 | 79 | | 3.15that accepts civilly committed participants, appointed by the attorney general; and |
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| 80 | 80 | | 3.16 (12) up to nine additional members appointed by the attorney general. |
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| 81 | 81 | | 3.17 (c) The attorney general must consult with the chief executive officer of Direct Care |
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| 82 | 82 | | 3.18and Treatment before making appointments to the committee. |
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| 83 | 83 | | 3.19 (d) The members of the Civil Commitment Advisory Committee serve without |
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| 84 | 84 | | 3.20compensation. |
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| 85 | 85 | | 3.21 Sec. 2. [8.38] DIVERSION STUDIES. |
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| 86 | 86 | | 3.22 Subdivision 1.Diversion studies.Each county must conduct diversion studies in |
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| 87 | 87 | | 3.23accordance with the requirements of this section. Diversion studies must examine each |
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| 88 | 88 | | 3.24county's local behavioral health system's capacity to divert people who have a mental illness, |
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| 89 | 89 | | 3.25developmental disability, or chemical use disorder away from the local justice system and |
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| 90 | 90 | | 3.26into treatment. The civil commitment coordinator must establish uniform study guidelines, |
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| 91 | 91 | | 3.27data requirements, including any qualitative data or narrative requirements, and data reporting |
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| 92 | 92 | | 3.28procedures for diversion studies. The coordinator must ensure that the study guidelines and |
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| 93 | 93 | | 3.29data requirements will allow the coordinator to determine how people with a mental illness, |
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| 94 | 94 | | 3.30people with a developmental disability, and people with a substance use disorder come into |
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| 95 | 95 | | 3Sec. 2. |
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| 96 | 96 | | REVISOR SGS/ES 25-0245502/05/25 4.1contact with and move through the local criminal justice system and what resources are |
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| 97 | 97 | | 4.2available or needed to divert individuals away from the local justice system. |
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| 98 | 98 | | 4.3 Subd. 2.Definitions.The terms defined in section 8.37, subdivision 2, apply to this |
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| 99 | 99 | | 4.4section. |
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| 100 | 100 | | 4.5 Subd. 3.Diversion study reporting requirements.By October 1, 2027, and every two |
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| 101 | 101 | | 4.6years thereafter, each county must submit to the coordinator in the manner established under |
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| 102 | 102 | | 4.7subdivision 1 all required data and narratives related to its diversion study. |
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| 103 | 103 | | 4.8 Subd. 4.Statewide diversion study report.By April 1, 2028, and every two years |
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| 104 | 104 | | 4.9thereafter, the civil commitment coordinator must submit to the chairs and ranking minority |
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| 105 | 105 | | 4.10members of the legislative committees with jurisdiction over civil commitment, mental |
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| 106 | 106 | | 4.11health, or Direct Care and Treatment a report summarizing the county-level data submitted |
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| 107 | 107 | | 4.12under subdivision 3. The coordinator must include in the report county, regional, and |
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| 108 | 108 | | 4.13state-level needs assessments. The coordinator must include in subsequent reports |
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| 109 | 109 | | 4.14comparisons to the data submitted in prior reports and any statistically significant trends |
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| 110 | 110 | | 4.15the coordinator's analysis reveals. |
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| 111 | 111 | | 4.16 Subd. 5.Diversion study grants.The civil commitment coordinator must establish a |
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| 112 | 112 | | 4.17diversion study grant program through which a county may apply for supplemental funding |
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| 113 | 113 | | 4.18to fulfill the requirements of subdivision 3. A county awarded a grant under this subdivision |
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| 114 | 114 | | 4.19must use a portion of the awarded money as determined by the coordinator to develop a |
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| 115 | 115 | | 4.20countywide action plan to increase diversions away from the local justice system and into |
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| 116 | 116 | | 4.21treatment. |
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| 117 | 117 | | 4.22 Sec. 3. [8.39] ENGAGEMENT SERVICES, OUTPATIENT CIVIL COMMITMENT , |
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| 118 | 118 | | 4.23AND PROVISIONAL DISCHARGE GRANTS. |
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| 119 | 119 | | 4.24 Subdivision 1.Engagement services, outpatient civil commitment, and provisional |
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| 120 | 120 | | 4.25discharge grants.The civil commitment coordinator must establish engagement services, |
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| 121 | 121 | | 4.26outpatient civil commitment, and provisional discharge grants to provide supplemental |
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| 122 | 122 | | 4.27funding to counties to expand the county's capacity to provide engagement services, |
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| 123 | 123 | | 4.28outpatient civil commitment, and provisional discharge. When considering a grant application |
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| 124 | 124 | | 4.29under this section, the coordinator must consider whether the applicant received a grant |
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| 125 | 125 | | 4.30under Laws 2024, chapter 125, article 4, section 10, and, if available, the required evaluation |
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| 126 | 126 | | 4.31of the grant activities. |
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| 127 | 127 | | 4.32 Subd. 2.Definitions.The terms defined in section 8.37, subdivision 2, apply to this |
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| 128 | 128 | | 4.33section. |
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| 129 | 129 | | 4Sec. 3. |
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| 130 | 130 | | REVISOR SGS/ES 25-0245502/05/25 5.1 Subd. 3.Required uses of funding.All grantees must use a portion as determined by |
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| 131 | 131 | | 5.2the coordinator of awarded funds for: |
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| 132 | 132 | | 5.3 (1) outreach to and education of potential engagement services staff, providers, |
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| 133 | 133 | | 5.4community-based treatment programs, and treatment facilities to encourage their participation |
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| 134 | 134 | | 5.5in engagement services; |
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| 135 | 135 | | 5.6 (2) supplementing county funding of engagement services, which may include but is |
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| 136 | 136 | | 5.7not limited to hiring additional staff for prepetition screening teams, contracting with |
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| 137 | 137 | | 5.8additional agencies to provide engagement services, or supplemental funding to mobile |
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| 138 | 138 | | 5.9crisis teams, certified peer specialists, community-based treatment programs, treatment |
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| 139 | 139 | | 5.10facilities, and homeless outreach workers; |
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| 140 | 140 | | 5.11 (3) outreach to potential treatment facilities and community-based treatment programs |
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| 141 | 141 | | 5.12to educate and encourage facilities and programs to accept civilly committed participants; |
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| 142 | 142 | | 5.13 (4) supplementing county funding of outpatient civil commitment, which may include |
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| 143 | 143 | | 5.14but is not limited to supplemental funding to treatment facilities and community-based |
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| 144 | 144 | | 5.15treatment programs willing to accept civilly committed participants; and |
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| 145 | 145 | | 5.16 (5) supplementing county funding for supervision of and services provided to participants |
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| 146 | 146 | | 5.17released on provisional discharge to ensure continuity of care, adherence to the provisional |
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| 147 | 147 | | 5.18discharge plan, and to reduce the risk of revocation of provisional discharge. |
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| 148 | 148 | | 5.19 Subd. 4.Reporting requirements.By October 1, 2027, and every two years thereafter, |
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| 149 | 149 | | 5.20all recipients of grant funding under this section during the prior reporting period must |
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| 150 | 150 | | 5.21submit to the civil commitment coordinator deidentified data on each individual who during |
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| 151 | 151 | | 5.22the prior reporting period: |
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| 152 | 152 | | 5.23 (1) received engagement services; |
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| 153 | 153 | | 5.24 (2) was civilly committed under section 253B.09, subdivision 1, paragraph (c); |
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| 154 | 154 | | 5.25 (3) was accepted by a treatment facility or community-based treatment program; or |
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| 155 | 155 | | 5.26 (4) was provisionally discharged under section 253B.15. |
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| 156 | 156 | | 5.27The deidentified data on each individual must include data on the individual's adherence to |
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| 157 | 157 | | 5.28treatment and other information as determined by the coordinator. For the purposes of this |
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| 158 | 158 | | 5.29subdivision, the coordinator shall determine the reporting period. |
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| 159 | 159 | | 5.30 Subd. 5.Evaluation.(a) The civil commitment coordinator must evaluate the impact |
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| 160 | 160 | | 5.31of supplemental funding under this section on engagement in treatment before initiation of |
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| 161 | 161 | | 5.32a prepetition screening process under section 253B.07, utilization of outpatient civil |
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| 162 | 162 | | 5Sec. 3. |
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| 163 | 163 | | REVISOR SGS/ES 25-0245502/05/25 6.1commitment, the frequency of revocations of provisional discharge, and other measures as |
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| 164 | 164 | | 6.2determined by the coordinator. |
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| 165 | 165 | | 6.3 (b) By April 1, 2028, and every two years thereafter, the coordinator must submit to the |
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| 166 | 166 | | 6.4chairs and ranking minority members of the legislative committees with jurisdiction over |
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| 167 | 167 | | 6.5civil commitments, mental health, or Direct Care and Treatment a report summarizing the |
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| 168 | 168 | | 6.6coordinator's evaluation under paragraph (a). |
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| 169 | 169 | | 6.7 Sec. 4. APPROPRIATION; CIVIL COMMITMENT COORDINATING DIVISION. |
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| 170 | 170 | | 6.8 (a) $....... in fiscal year 2026 and $....... in fiscal year 2027 are appropriated from the |
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| 171 | 171 | | 6.9general fund to the attorney general for the Civil Commitment Coordinating Division under |
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| 172 | 172 | | 6.10Minnesota Statutes, section 8.37. |
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| 173 | 173 | | 6.11 (b) Of the amount in paragraph (a), $....... in fiscal year 2026 and $....... in fiscal year |
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| 174 | 174 | | 6.122027 are for one additional staff member to serve as the civil commitment coordinator. |
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| 175 | 175 | | 6.13 (c) Of the amount in paragraph (a), $....... in fiscal year 2026 and $....... in fiscal year |
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| 176 | 176 | | 6.142027 are for a contract with a third party or an interagency agreement to provide data analytic |
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| 177 | 177 | | 6.15services. |
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| 178 | 178 | | 6.16 (d) Of the amount in paragraph (a), $....... in fiscal year 2026 and $....... in fiscal year |
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| 179 | 179 | | 6.172027 are for a public awareness campaign to educate the public about the availability and |
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| 180 | 180 | | 6.18effectiveness of engagement services. |
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| 181 | 181 | | 6.19 Sec. 5. APPROPRIATION; DIVERSION STUDY GRANTS. |
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| 182 | 182 | | 6.20 $....... in fiscal year 2026 and $....... in fiscal year 2027 are appropriated from the general |
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| 183 | 183 | | 6.21fund to the attorney general for diversion study grants under Minnesota Statutes, section |
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| 184 | 184 | | 6.228.38. |
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| 185 | 185 | | 6.23 Sec. 6. APPROPRIATION; ENGAGEMENT SERVICES, OUTPATIENT CIVIL |
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| 186 | 186 | | 6.24COMMITMENT , AND PROVISIONAL DISCHARGE GRANTS. |
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| 187 | 187 | | 6.25 $....... in fiscal year 2026 and $....... in fiscal year 2027 are appropriated from the general |
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| 188 | 188 | | 6.26fund to the attorney general for engagement services, outpatient civil commitment, and |
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| 189 | 189 | | 6.27provisional discharge grants under Minnesota Statutes, section 8.39. |
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| 190 | 190 | | 6Sec. 6. |
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| 191 | 191 | | REVISOR SGS/ES 25-0245502/05/25 |
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