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.
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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.
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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.
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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. |