Civil Commitments (Mental Health)
We process Petitions for Judicial Commitment, Petitions for Administration of Neuroleptic Medications, and Petitions for Administration of Electroconvulsive Therapy. The Mental Health unit is governed by Minn. Stat. § 253B.
For medical providers: you may now submit records to the court using our e-Medical Records web portal.
The pre-petition screening team determines whether to continue the commitment process or reject the petition. If it is rejected, it is sent back to the petitioner who may appeal this decision directly to the County Attorney's Office. If commitment is recommended, a report summarizing all of its investigations is submitted to the Civil Commitment Unit of the County Attorney's Office.
The County Attorney’s Office reviews the petition to ensure that all of the requirements and sufficient evidence necessary for a commitment are met and that commitment is the least restrictive alternative available to the patient. If the County Attorney's Office approves the petition, the matter is set for a pretrial examination and hearing. Once a petition is filed for the commitment, an attorney is selected to represent the patient throughout the commitment process or they may choose their own private attorney.
After completing the examination and preliminary hearing, the case is scheduled for trial with a judicial officer. The County Attorney, on behalf of the petitioner, calls witnesses and submits evidence showing that all of the requirements for commitment have been met. The patient is then allowed to submit evidence to show that he or she does not meet the conditions necessary for commitment, or that there is a less restrictive alternative available for them.
The judicial officer makes a determination and may dismiss the petition or structure a treatment plan based on the level of treatment needed by the patient. If necessary, the court may commit the patient to a treating hospital and, in extreme cases, the court may even order a patient to involuntarily receive medications. This only occurs after a separate hearing (Jarvis hearing) is held to determine that this action is appropriate.
Most patients are committed to either a public or private hospital for treatment. Most initial commitment periods cannot exceed six months. After the initial commitment period, a judicial officer is required to review the matter to determine if the commitment needs to be extended for up to an additional twelve months. In cases involving Mentally Ill and Dangerous Persons, Sexual Psychopathic Personalities, or Sexually Dangerous Persons, commitment is of an indefinite duration. Periodic reviews are conducted by a judicial officer to determine whether the initial commitment remains valid.
For medical providers: you may now submit records to the court using our e-Medical Records web portal.
Types of Commitments
The six types of civil commitment proceedings are:- Mentally Ill persons (MI) - Persons that are mentally ill and as a result, pose a danger to themselves or others;
- Developmentally Disabled (DD) - Persons that are developmentally disabled and as a result, pose a danger to themselves or others;
- Chemically Dependent persons (CD) - Persons that are chemically dependent, unable to manage personal affairs, and as a result, pose a danger to themselves or others;
- Persons Mentally Ill and Dangerous to the Public (MI&D)- Persons that are mentally ill and as a result, have caused or intended to cause serious physical harm to another and are likely to take such action in the future;
- Sexual Psychopathic Personalities (SPP) - Persons who have an utter lack of power to control their sexual impulses as the result of a mental disorder and therefore pose a danger to the public;
- Sexually Dangerous Persons (SDP) - Persons who have a mental disorder who have engaged in and are likely to continue to engage in harmful sexual conduct.
Petition Process
The civil commitment process begins with a petition for commitment. The petitioner requests that the patient be placed involuntarily under the care and supervision of a hospital or regional treatment center because of one or more of the six reasons discussed above. If commitment is recommended, a report summarizing all of its investigations is submitted to the Civil Commitment Unit of the County Attorney’s Office. This team reviews the petition, investigates the allegations, interviews the patient and other interested persons and reviews the patient's records.The pre-petition screening team determines whether to continue the commitment process or reject the petition. If it is rejected, it is sent back to the petitioner who may appeal this decision directly to the County Attorney's Office. If commitment is recommended, a report summarizing all of its investigations is submitted to the Civil Commitment Unit of the County Attorney's Office.
The County Attorney’s Office reviews the petition to ensure that all of the requirements and sufficient evidence necessary for a commitment are met and that commitment is the least restrictive alternative available to the patient. If the County Attorney's Office approves the petition, the matter is set for a pretrial examination and hearing. Once a petition is filed for the commitment, an attorney is selected to represent the patient throughout the commitment process or they may choose their own private attorney.
Court Process
The court process begins with a pre-hearing examination that is conducted by a licensed professional who examines the patient and submits reports to the court with their recommendations concerning commitment. Next, a preliminary hearing is conducted which is an opportunity for a voluntary agreement to be entered. If a settlement is not reached, the court determines whether the patient must be held in a secure facility.After completing the examination and preliminary hearing, the case is scheduled for trial with a judicial officer. The County Attorney, on behalf of the petitioner, calls witnesses and submits evidence showing that all of the requirements for commitment have been met. The patient is then allowed to submit evidence to show that he or she does not meet the conditions necessary for commitment, or that there is a less restrictive alternative available for them.
The judicial officer makes a determination and may dismiss the petition or structure a treatment plan based on the level of treatment needed by the patient. If necessary, the court may commit the patient to a treating hospital and, in extreme cases, the court may even order a patient to involuntarily receive medications. This only occurs after a separate hearing (Jarvis hearing) is held to determine that this action is appropriate.
Most patients are committed to either a public or private hospital for treatment. Most initial commitment periods cannot exceed six months. After the initial commitment period, a judicial officer is required to review the matter to determine if the commitment needs to be extended for up to an additional twelve months. In cases involving Mentally Ill and Dangerous Persons, Sexual Psychopathic Personalities, or Sexually Dangerous Persons, commitment is of an indefinite duration. Periodic reviews are conducted by a judicial officer to determine whether the initial commitment remains valid.
The Mental Health Unit is governed by MN Statutes § 253B.