1.1    .................... moves to amend H.F. No. 3257 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2006, section 253B.045, subdivision 1, is amended to
1.4read:
1.5    Subdivision 1. Restriction. Except when ordered by the court pursuant to a finding
1.6of necessity to protect the life of the proposed patient or others or as provided under
1.7subdivision 1a, no person subject to the provisions of this chapter shall be confined in a
1.8jail or correctional institution, except pursuant to chapter 242 or 244.
1.9EFFECTIVE DATE.This section is effective the day following final enactment.

1.10    Sec. 2. Minnesota Statutes 2006, section 253B.045, is amended by adding a
1.11subdivision to read:
1.12    Subd. 1a. Exception. A person who is being petitioned for commitment
1.13under section 253B.185 and who is placed under a judicial hold order under section
1.14253B.07, subdivisions 2b or 7, may be confined at a Department of Corrections or a
1.15county correctional or detention facility, rather than a secure treatment facility, until a
1.16determination of the commitment petition as specified in this subdivision.
1.17    (a) A court may order that a person who is being petitioned for commitment under
1.18section 253B.185 be confined in a Department of Corrections facility pursuant to the
1.19judicial hold order under the following circumstances and conditions:
1.20    (1) The person is currently serving a sentence in a Department of Corrections
1.21facility and the court determines that the person has made a knowing and voluntary (i)
1.22waiver of the right to be held in a secure treatment facility and (ii) election to be held in a
1.23Department of Corrections facility. The order confining the person in the Department of
1.24Corrections facility shall remain in effect until the court vacates the order or the person's
1.25criminal sentence and conditional release term expire.
2.1    (2) A person who has elected to be confined in a Department of Corrections facility
2.2under this subdivision may revoke the election by filing a written notice of intent to revoke
2.3the election with the court and serving the notice upon the Department of Corrections and
2.4the county attorney. The court shall order the person transferred to a secure treatment
2.5facility within 15 days of the date that the notice of revocation was filed with the court,
2.6except that, if the person has additional time to serve in prison at the end of the 15-day
2.7period, the person shall not be transferred to a secure treatment facility until the person's
2.8prison term expires. After a person has revoked an election to remain in a Department of
2.9Corrections facility under this subdivision, the court may not adopt another election to
2.10remain in a Department of Corrections facility without the agreement of both parties and
2.11the Department of Corrections.
2.12    (3) Upon petition by the commissioner of corrections, after notice to the parties
2.13and opportunity for hearing and for good cause shown, the court may order that the
2.14person's place of confinement be changed from the Department of Corrections to a secure
2.15treatment facility.
2.16    (4) While at a Department of Corrections facility pursuant to this subdivision, the
2.17person shall remain subject to all rules and practices applicable to correctional inmates in
2.18the facility in which the person is placed, including, but not limited to, the powers and
2.19duties of the commissioner of corrections under section 241.01, powers relating to use of
2.20force under section 243.52, and the right of the commissioner of corrections to determine
2.21the place of confinement in a prison, reformatory or other facility.
2.22    (5) A person may not be confined in a Department of Corrections facility under this
2.23provision beyond the end of the person's executed sentence or the end of any applicable
2.24conditional release period, whichever is later. If a person confined in a Department of
2.25Corrections facility pursuant to this provision reaches the person's supervised release
2.26date and is subject to a period of conditional release, the period of conditional release
2.27shall commence on the supervised release date even though the person remains in the
2.28Department of Corrections facility pursuant to this provision. At the end of the later of
2.29the executed sentence or any applicable conditional release period, the person shall be
2.30transferred to a secure treatment facility.
2.31    (b) The committing county may offer a person who is being petitioned for
2.32commitment under section 253B.185 and who is placed under a judicial hold order under
2.33section 253B.07, subdivisions 2b or 7, the option to be held in a county correctional or
2.34detention facility rather than a secure treatment facility, under such terms as may be agreed
2.35to by the county, the commitment petitioner, and the commitment respondent. If a person
3.1makes such an election under this paragraph, the court hold order shall specify the terms
3.2of the agreement, including the conditions for revoking the election.
3.3EFFECTIVE DATE.This section is effective the day following final enactment.

3.4    Sec. 3. Minnesota Statutes 2006, section 253B.045, subdivision 2, is amended to read:
3.5    Subd. 2. Facilities. Each county or a group of counties shall maintain or provide by
3.6contract a facility for confinement of persons held temporarily for observation, evaluation,
3.7diagnosis, treatment, and care. When the temporary confinement is provided at a regional
3.8treatment center, the commissioner shall charge the county of financial responsibility for
3.9the costs of confinement of persons hospitalized under section 253B.05, subdivisions 1
3.10and 2 , and section 253B.07, subdivision 2b, except that the commissioner shall bill the
3.11responsible health plan first. If the person has health plan coverage, but the hospitalization
3.12does not meet the criteria in subdivision 6 or section 62M.07, 62Q.53, or 62Q.535,
3.13the county is responsible. When a person is temporarily confined in a Department of
3.14Corrections facility solely under subdivision 1a of this section, and not based on any
3.15separate correctional authority, the commissioner of corrections may charge the county of
3.16financial responsibility for the costs of confinement. "County of financial responsibility"
3.17means the county in which the person resides at the time of confinement or, if the person
3.18has no residence in this state, the county which initiated the confinement. The charge
3.19for confinement in a facility operated by the commissioner of human services shall be
3.20based on the commissioner's determination of the cost of care pursuant to section 246.50,
3.21subdivision 5 . When there is a dispute as to which county is the county of financial
3.22responsibility, the county charged for the costs of confinement shall pay for them pending
3.23final determination of the dispute over financial responsibility. Disputes about the county
3.24of financial responsibility shall be submitted to the commissioner to be settled in the
3.25manner prescribed in section 256G.09.
3.26EFFECTIVE DATE.This section is effective the day following final enactment.

3.27    Sec. 4. Minnesota Statutes 2007 Supplement, section 253B.185, subdivision 1b,
3.28is amended to read:
3.29    Subd. 1b. County attorney access to data. Notwithstanding sections 144.291
3.30to 144.298 ; 245.467, subdivision 6; 245.4876, subdivision 7; 260B.171; 260B.235,
3.31subdivision 8 ; 260C.171; and 609.749, subdivision 6, or any provision of chapter 13
3.32or other state law, prior to filing a petition for commitment as a sexual psychopathic
3.33personality or as a sexually dangerous person, and upon notice to the proposed patient,
3.34the county attorney or the county attorney's designee may move the court for an order
4.1granting access to any records or data, to the extent it relates to the proposed patient, for
4.2the purpose of determining whether good cause exists to file a petition and, if a petition
4.3is filed, to support the allegations set forth in the petition.
4.4    The court may grant the motion if: (1) the Department of Corrections refers the case
4.5for commitment as a sexual psychopathic personality or a sexually dangerous person; or
4.6(2) upon a showing that the requested category of data or records may be relevant to
4.7the determination by the county attorney or designee. The court shall decide a motion
4.8under this subdivision within 48 hours after a hearing on the motion. Notice to the
4.9proposed patient need not be given upon a showing that such notice may result in harm or
4.10harassment of interested persons or potential witnesses. Notwithstanding any provision
4.11of chapter 13 or other state law, a county attorney considering the civil commitment of a
4.12person under this section may obtain records and data from the Department of Corrections
4.13or any probation or parole agency in this state upon request, without a court order, for the
4.14purpose of determining whether good cause exists to file a petition and, if a petition is
4.15filed, to support the allegations set forth in the petition.
4.16    Data collected pursuant to this subdivision shall retain their original status and, if not
4.17public, are inadmissible in any court proceeding unrelated to civil commitment, unless
4.18otherwise permitted.
4.19EFFECTIVE DATE.This section is effective the day following final enactment.

4.20    Sec. 5. Minnesota Statutes 2006, section 253B.185, subdivision 5, is amended to read:
4.21    Subd. 5. Financial responsibility. (a) For purposes of this subdivision, "state
4.22facility" has the meaning given in section 246.50 and also includes a Department of
4.23Corrections facility when the proposed patient is confined in such a facility pursuant to
4.24section 253B.045, subdivision 1a.
4.25    (b) Notwithstanding sections 246.54, 253B.045, and any other law to the contrary,
4.26when a petition is filed for commitment under this section pursuant to the notice required
4.27in section 244.05, subdivision 7, the state and county are each responsible for 50 percent of
4.28the cost of the person's confinement at a state facility or county jail, prior to commitment.
4.29    (c) The county shall submit an invoice to the state court administrator for
4.30reimbursement of the state's share of the cost of confinement.
4.31    (d) Notwithstanding paragraph (b), the state's responsibility for reimbursement is
4.32limited to the amount appropriated for this purpose.
4.33EFFECTIVE DATE.This section is effective the day following final enactment."
4.34Amend the title accordingly