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Various Other Laws RE:
Chemical Dependency/Mental Health

253B.05 EMERGENCY ADMISSION.
Subdivision 1.Emergency hold. (a) Any person may be admitted or held for emergency care and treatment in a treatment facility with the consent of the head of the treatment facility upon a written statement by an examiner that:
(1) the examiner has examined the person not more than 15 days prior to admission;
(2) the examiner is of the opinion, for stated reasons, that the person is mentally ill, developmentally disabled, or chemically dependent, and is in danger of causing injury to self or others if not immediately detained; and
(3) an order of the court cannot be obtained in time to prevent the anticipated injury.
(b) If the proposed patient has been brought to the treatment facility by another person, the examiner shall make a good faith effort to obtain a statement of information that is available from that person, which must be taken into consideration in deciding whether to place the proposed patient on an emergency hold. The statement of information must include, to the extent available, direct observations of the proposed patient's behaviors, reliable knowledge of recent and past behavior, and information regarding psychiatric history, past treatment, and current mental health providers. The examiner shall also inquire into the existence of health care directives under chapter 145, and advance psychiatric directives under section 253B.03, subdivision 6d.
(c) The examiner's statement shall be: (1) sufficient authority for a peace or health officer to transport a patient to a treatment facility, (2) stated in behavioral terms and not in conclusory language, and (3) of sufficient specificity to provide an adequate record for review. If danger to specific individuals is a basis for the emergency hold, the statement must identify those individuals, to the extent practicable. A copy of the examiner's statement shall be personally served on the person immediately upon admission and a copy shall be maintained by the treatment facility.Subd. 2.Peace or health officer authority. (a) A peace or health officer may take a person into custody and transport the person to a licensed physician or treatment facility if the officer has reason to believe, either through direct observation of the person's behavior, or upon reliable information of the person's recent behavior and knowledge of the person's past behavior or psychiatric treatment, that the person is mentally ill or developmentally disabled and in danger of injuring self or others if not immediately detained. A peace or health officer or a person working under such officer's supervision, may take a person who is believed to be chemically dependent or is intoxicated in public into custody and transport the person to a treatment facility. If the person is intoxicated in public or is believed to be chemically dependent and is not in danger of causing self-harm or harm to any person or property, the peace or health officer may transport the person home. The peace or health officer shall make written application for admission of the person to the treatment facility. The application shall contain the peace or health officer's statement specifying the reasons for and circumstances under which the person was taken into custody. If danger to specific individuals is a basis for the emergency hold, the statement must include identifying information on those individuals, to the extent practicable. A copy of the statement shall be made available to the person taken into custody.
(b) As far as is practicable, a peace officer who provides transportation for a person placed in a facility under this subdivision may not be in uniform and may not use a vehicle visibly marked as a law enforcement vehicle.
(c) A person may be admitted to a treatment facility for emergency care and treatment under this subdivision with the consent of the head of the facility under the following circumstances: (1) a written statement shall only be made by the following individuals who are knowledgeable, trained, and practicing in the diagnosis and treatment of mental illness or developmental disability; the medical officer, or the officer's designee on duty at the facility, including a licensed physician, a registered physician assistant, or an advanced practice registered nurse who after preliminary examination has determined that the person has symptoms of mental illness or developmental disability and appears to be in danger of harming self or others if not immediately detained; or (2) a written statement is made by the institution program director or the director's designee on duty at the facility after preliminary examination that the person has symptoms of chemical dependency and appears to be in danger of harming self or others if not immediately detained or is intoxicated in public.Subd. 2a. [Repealed, 1997 c 217 art 1 s 118]
Subd. 2b.Notice. Every person held pursuant to this section must be informed in writing at the time of admission of the right to leave after 72 hours, to a medical examination within 48 hours, and to request a change to voluntary status. The treatment facility shall, upon request, assist the person in exercising the rights granted in this subdivision.
Subd. 3.Duration of hold. (a) Any person held pursuant to this section may be held up to 72 hours, exclusive of Saturdays, Sundays, and legal holidays after admission. If a petition for the commitment of the person is filed in the district court in the county of the person's residence or of the county in which the treatment facility is located, the court may issue a judicial hold order pursuant to section 253B.07, subdivision 2b.
(b) During the 72-hour hold period, a court may not release a person held under this section unless the court has received a written petition for release and held a summary hearing regarding the release. The petition must include the name of the person being held, the basis for and location of the hold, and a statement as to why the hold is improper. The petition also must include copies of any written documentation under subdivision 1 or 2 in support of the hold, unless the person holding the petitioner refuses to supply the documentation. The hearing must be held as soon as practicable and may be conducted by means of a telephone conference call or similar method by which the participants are able to simultaneously hear each other. If the court decides to release the person, the court shall direct the release and shall issue written findings supporting the decision. The release may not be delayed pending the written order. Before deciding to release the person, the court shall make every reasonable effort to provide notice of the proposed release to:
(1) any specific individuals identified in a statement under subdivision 1 or 2 or individuals identified in the record who might be endangered if the person was not held;
(2) the examiner whose written statement was a basis for a hold under subdivision 1; and
(3) the peace or health officer who applied for a hold under subdivision 2.
(c) If a person is intoxicated in public and held under this section for detoxification, a treatment facility may release the person without providing notice under paragraph (d) as soon as the treatment facility determines the person is no longer a danger to themselves or others. Notice must be provided to the peace officer or health officer who transported the person, or the appropriate law enforcement agency, if the officer or agency requests notification.
(d) If a treatment facility releases a person during the 72-hour hold period, the head of the treatment facility shall immediately notify the agency which employs the peace or health officer who transported the person to the treatment facility under this section.
(e) A person held under a 72-hour emergency hold must be released by the facility within 72 hours unless a court order to hold the person is obtained. A consecutive emergency hold order under this section may not be issued.Subd. 4.Change of status. Any person admitted pursuant to this section shall be changed to voluntary status provided by section 253B.04 upon the person's request in writing and with the consent of the head of the treatment facility. --

609.72 DISORDERLY CONDUCT.
Subdivision 1. Crime. Whoever does any of the following in a public or private place, including
on a school bus, knowing, or having reasonable grounds to know that it will, or will tend to, alarm,
anger or disturb others or provoke an assault or breach of the peace, is guilty of disorderly conduct,
which is a misdemeanor:
(1) engages in brawling or fighting; or
(2) disturbs an assembly or meeting, not unlawful in its character; or
(3) engages in offensive, obscene, abusive, boisterous, or noisy conduct or in offensive,
obscene, or abusive language tending reasonably to arouse alarm, anger, or resentment in others.
A person does not violate this section if the person's disorderly conduct was caused by an
epileptic seizure.
Subd. 2. [Repealed, ] 1969 c 226 s 1
Subd. 3. Caregiver; penalty for disorderly conduct. A caregiver, as defined in section, who violates the provisions of subdivision 1 against a vulnerable adult, as defined in section, may be sentenced to imprisonment for not more than one year or to payment of a fine of
not more than $3,000, or both.

609.746 INTERFERENCE WITH PRIVACY.
Subdivision 1. Surreptitious intrusion; observation device. (a) A person is guilty of a gross
misdemeanor who:
(1) enters upon another's property;
(2) surreptitiously gazes, stares, or peeps in the window or any other aperture of a house or
place of dwelling of another; and
(3) does so with intent to intrude upon or interfere with the privacy of a member of the
household.
(b) A person is guilty of a gross misdemeanor who:
(1) enters upon another's property;
(2) surreptitiously installs or uses any device for observing, photographing, recording,
amplifying, or broadcasting sounds or events through the window or any other aperture of a house
or place of dwelling of another; and
(3) does so with intent to intrude upon or interfere with the privacy of a member of the
household.
(c) A person is guilty of a gross misdemeanor who:
(1) surreptitiously gazes, stares, or peeps in the window or other aperture of a sleeping room in
a hotel, as defined in section , a tanning booth, or other place where a
reasonable person would have an expectation of privacy and has exposed or is likely to expose their
intimate parts, as defined in section , or the clothing covering the immediate
area of the intimate parts; and
327.70, subdivision 3
609.341, subdivision 5
(2) does so with intent to intrude upon or interfere with the privacy of the occupant.
(d) A person is guilty of a gross misdemeanor who:
(1) surreptitiously installs or uses any device for observing, photographing, recording,
amplifying, or broadcasting sounds or events through the window or other aperture of a sleeping
room in a hotel, as defined in section , a tanning booth, or other place where a
reasonable person would have an expectation of privacy and has exposed or is likely to expose their
intimate parts, as defined in section , or the clothing covering the immediate
area of the intimate parts; and
327.70, subdivision 3
609.341, subdivision 5
(2) does so with intent to intrude upon or interfere with the privacy of the occupant.
(e) A person is guilty of a felony and may be sentenced to imprisonment for not more than two
years or to payment of a fine of not more than $5,000, or both, if the person:
(1) violates this subdivision after a previous conviction under this subdivision or section
; or 609.749
(2) violates this subdivision against a minor under the age of 18, knowing or having reason to
know that the minor is present.
(f) Paragraphs (b) and (d) do not apply to law enforcement officers or corrections
investigators, or to those acting under their direction, while engaged in the performance of their
lawful duties. Paragraphs (c) and (d) do not apply to conduct in: (1) a medical facility; or (2) a
commercial establishment if the owner of the establishment has posted conspicuous signs warning
that the premises are under surveillance by the owner or the owner's employees.

609.2242 DOMESTIC ASSAULT.
Subdivision 1. Misdemeanor. Whoever does any of the following against a family or
household member as defined in section , commits an assault and is guilty of a
misdemeanor:
518B.01, subdivision 2
(1) commits an act with intent to cause fear in another of immediate bodily harm or death; or
(2) intentionally inflicts or attempts to inflict bodily harm upon another.
Subd. 2. Gross misdemeanor. Whoever violates subdivision 1 within ten years of a previous
qualified domestic violence-related offense conviction or adjudication of delinquency against a
family or household member as defined in section , is guilty of a gross
misdemeanor and may be sentenced to imprisonment for not more than one year or to payment of a
fine of not more than $3,000, or both.
518B.01, subdivision 2
Subd. 3. Domestic assaults; firearms. (a) When a person is convicted of a violation of this
section or section , , , , or , the court shall determine and make
written findings on the record as to whether:
609.221 609.222 609.223 609.224 609.2247
(1) the assault was committed against a family or household member, as defined in section
; 518B.01, subdivision 2
(2) the defendant owns or possesses a firearm; and
(3) the firearm was used in any way during the commission of the assault.
(b) If the court determines that the assault was of a family or household member, and that the
offender owns or possesses a firearm and used it in any way during the commission of the assault,
it shall order that the firearm be summarily forfeited under section . 609.5316, subdivision 3
(c) When a person is convicted of assaulting a family or household member and is determined
by the court to have used a firearm in any way during commission of the assault, the court may
order that the person is prohibited from possessing any type of firearm for any period longer than
three years or for the remainder of the person's life. A person who violates this paragraph is guilty
of a gross misdemeanor. At the time of the conviction, the court shall inform the defendant whether
and for how long the defendant is prohibited from possessing a firearm and that it is a gross
misdemeanor to violate this paragraph. The failure of the court to provide this information to a
defendant does not affect the applicability of the firearm possession prohibition or the gross
misdemeanor penalty to that defendant.
(d) Except as otherwise provided in paragraph (c), when a person is convicted of a violation of
this section or section and the court determines that the victim was a family or household
member, the court shall inform the defendant that the defendant is prohibited from possessing a
pistol for three years from the date of conviction and that it is a gross misdemeanor offense to
violate this prohibition. The failure of the court to provide this information to a defendant does not
affect the applicability of the pistol possession prohibition or the gross misdemeanor penalty to that
defendant.
609.224
(e) Except as otherwise provided in paragraph (c), a person is not entitled to possess a pistol if
the person has been convicted after August 1, 1992, of domestic assault under this section or
assault in the fifth degree under section and the assault victim was a family or household
member as defined in section , unless three years have elapsed from the date
of conviction and, during that time, the person has not been convicted of any other violation of this
section or section . Property rights may not be abated but access may be restricted by the
courts. A person who possesses a pistol in violation of this paragraph is guilty of a gross
misdemeanor.
609.224
518B.01, subdivision 2
609.224
Subd. 4. Felony. Whoever violates the provisions of this section or section
, within ten years of the first of any combination of two or more previous qualified domestic
violence-related offense convictions or adjudications of delinquency is guilty of a felony and may be
sentenced to imprisonment for not more than five years or payment of a fine of not more than
$10,000, or both.
609.115 PRESENTENCE INVESTIGATION.
Subd. 8. Chemical use assessment required. (a) If a person is convicted of a felony, the
probation officer shall determine in the report prepared under subdivision 1 whether or not alcohol
or drug use was a contributing factor to the commission of the offense. If so, the report shall
contain the results of a chemical use assessment conducted in accordance with this subdivision. The
probation officer shall make an appointment for the defendant to undergo the chemical use
assessment if so indicated.
(b) The chemical use assessment report must include a recommended level of care for the
defendant in accordance with the criteria contained in rules adopted by the commissioner of human
services under section . The assessment must be conducted by an assessor
qualified under rules adopted by the commissioner of human services under section
. An assessor providing a chemical use assessment may not have any direct or shared
financial interest or referral relationship resulting in shared financial gain with a treatment provider,
except as authorized under section 254A.19, subdivision 3. If an independent assessor is not
available, the probation officer may use the services of an assessor authorized to perform
assessments for the county social services agency under a variance granted under rules adopted by
the commissioner of human services under section .