Proposal would let locked intensive residential centers fill treatment gap

Hundreds of Minnesotans are caught in a conundrum.

They are found incompetent to stand trial, but do not meet a civil commitment standard, meaning they either languish in jail or enter a revolving door of arrest, release and re-arrest.

Could a solution be on the way?

Sponsored by Rep. Kristin Bahner (DFL-Maple Grove), HF2733 would allow intensive residential treatment services facilities to establish locked centers that could accept transfers from a secure facility or provide services for those deemed incompetent to stand trial.

The bill was laid over by the House Human Services Finance and Policy Committee Tuesday for possible omnibus bill inclusion.

Bahner said it is the result of two years of hard work that began with establishment of the Community Competency Restoration Task Force.

Currently, programs are not equipped to treat patients with criminal charges who have complex needs, Bahner said. Often, the result is people either not getting the treatment they need in jail or in the community, or being sent to a more resource-intensive hospital. Smaller intensive residential treatment services facilities with 16 or fewer beds are a more appropriate setting.

“Locked IRTS facilities would provide a safe environment with a staff trained and dedicated to serving patients with these very specific needs,” Bahner said.

There are about 68 intensive residential treatment services facilities in the state, according to Department of Human Services’ officials.

According to the task force report: “Individuals who are potential flight risks or whose criminal charges warrant a higher level of security, but who do not require acute inpatient medical or mental health treatment, could be effectively served in a locked IRTS setting.”

A yet-to-be-determined amount would be allocated for startup costs with ongoing funding from other sources, including Medicaid, said Sue Abderholden, executive director for the National Alliance on Mental Illness Minnesota and chair of the task force. She reported that facility directors have expressed interest in participating.

The bill’s companion, SF2674, is sponsored by Sen. David Senjem (R-Rochester). It awaits action in the Senate Human Services Reform Finance and Policy Committee.