Bill Text: MN SF1475 | 2013-2014 | 88th Legislature | Introduced

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Bill Title: Chemical and mental health and state operated services policy and technical provisions modifications

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2013-03-20 - Referred to Health, Human Services and Housing [SF1475 Detail]

Download: Minnesota-2013-SF1475-Introduced.html

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A bill for an act

relating to human services; modifying provisions related to chemical and mental
health and state-operated services; allowing for data sharing; repealing a task
force; updating terminology and repealing obsolete provisions; making technical
changes;amending Minnesota Statutes 2012, sections 13.461, by adding a
subdivision; 245.036; 246.014; 246.0141; 246.0251; 246.12; 246.128; 246.33,
subdivision 4; 246.51, subdivision 3; 246.54, subdivision 2; 246.64, subdivision
1; 252.41, subdivision 7; 253.015, subdivision 1; 253B.045, subdivision
2; 253B.18, subdivision 4c; 254.05; 256.976, subdivision 3; 256B.0943,
subdivisions 1, 3, 6, 9; 256B.0944, subdivision 5; 272.02, subdivision 94; 281.04;
295.50, subdivision 10b; 322.24; 357.28, subdivision 1; 387.20, subdivision 1;
462A.03, subdivision 13; 481.12; 508.79; 508A.79; 518.04; 525.092, subdivision
2; 555.04; 558.31; 580.20; 609.06, subdivision 1; 609.36, subdivision 2; 611.026;
628.54; repealing Minnesota Statutes 2012, sections 246.04; 246.05; 246.125;
246.21; 246.57, subdivision 5; 246.58; 246.59; 251.011, subdivisions 3, 6;
253.015, subdivision 4; 253.018; 253.28.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

CHEMICAL AND MENTAL HEALTH

    Section 1. Minnesota Statutes 2012, section 253B.18, subdivision 4c, is amended to
read:
    Subd. 4c. Special review board. (a) The commissioner shall establish one or more
panels of a special review board. The board shall consist of three members experienced
in the field of mental illness. One member of each special review board panel shall be a
psychiatrist or a doctoral level psychologist with forensic experience and one member
shall be an attorney. No member shall be affiliated with the Department of Human
Services. The special review board shall meet at least every six months and at the call of
the commissioner. It shall hear and consider all petitions for a reduction in custody or to
appeal a revocation of provisional discharge. A "reduction in custody" means transfer
from a secure treatment facility, discharge, and provisional discharge. Patients may be
transferred by the commissioner between secure treatment facilities without a special
review board hearing.
     Members of the special review board shall receive compensation and reimbursement
for expenses as established by the commissioner.
    (b) A petition filed by a person committed as mentally ill and dangerous to the public
under this section must be heard as provided in subdivision 5 and, as applicable, subdivision
13. A petition filed by a person committed as a sexual psychopathic personality or as a
sexually dangerous person under section 253B.185, or committed as both mentally ill and
dangerous to the public under this section and as a sexual psychopathic personality or as a
sexually dangerous person must be heard as provided in section 253B.185, subdivision 9.

    Sec. 2. Minnesota Statutes 2012, section 256B.0943, subdivision 1, is amended to read:
    Subdivision 1. Definitions. For purposes of this section, the following terms have
the meanings given them.
(a) "Children's therapeutic services and supports" means the flexible package of
mental health services for children who require varying therapeutic and rehabilitative
levels of intervention. The services are time-limited interventions that are delivered using
various treatment modalities and combinations of services designed to reach treatment
outcomes identified in the individual treatment plan.
(b) "Clinical supervision" means the overall responsibility of the mental health
professional for the control and direction of individualized treatment planning, service
delivery, and treatment review for each client. A mental health professional who is an
enrolled Minnesota health care program provider accepts full professional responsibility
for a supervisee's actions and decisions, instructs the supervisee in the supervisee's work,
and oversees or directs the supervisee's work.
(c) "County board" means the county board of commissioners or board established
under sections 402.01 to 402.10 or 471.59.
(d) "Crisis assistance" has the meaning given in section 245.4871, subdivision 9a.
(e) "Culturally competent provider" means a provider who understands and can
utilize to a client's benefit the client's culture when providing services to the client. A
provider may be culturally competent because the provider is of the same cultural or
ethnic group as the client or the provider has developed the knowledge and skills through
training and experience to provide services to culturally diverse clients.
(f) "Day treatment program" for children means a site-based structured program
consisting of group psychotherapy for more than three individuals and other intensive
therapeutic services provided by a multidisciplinary team, under the clinical supervision
of a mental health professional.
(g) "Diagnostic assessment" has the meaning given in section 245.4871, subdivision
11 Minnesota Rules, part 9505.0372, subpart 1.
(h) "Direct service time" means the time that a mental health professional, mental
health practitioner, or mental health behavioral aide spends face-to-face with a client
and the client's family. Direct service time includes time in which the provider obtains
a client's history or provides service components of children's therapeutic services and
supports. Direct service time does not include time doing work before and after providing
direct services, including scheduling, maintaining clinical records, consulting with others
about the client's mental health status, preparing reports, receiving clinical supervision,
and revising the client's individual treatment plan.
(i) "Direction of mental health behavioral aide" means the activities of a mental
health professional or mental health practitioner in guiding the mental health behavioral
aide in providing services to a client. The direction of a mental health behavioral aide
must be based on the client's individualized treatment plan and meet the requirements in
subdivision 6, paragraph (b), clause (5).
(j) "Emotional disturbance" has the meaning given in section 245.4871, subdivision
15 . For persons at least age 18 but under age 21, mental illness has the meaning given in
section 245.462, subdivision 20, paragraph (a).
(k) "Individual behavioral plan" means a plan of intervention, treatment, and
services for a child written by a mental health professional or mental health practitioner,
under the clinical supervision of a mental health professional, to guide the work of the
mental health behavioral aide.
(l) "Individual treatment plan" has the meaning given in section 245.4871,
subdivision 21 .
(m) "Mental health behavioral aide services" means medically necessary one-on-one
activities performed by a trained paraprofessional to assist a child retain or generalize
psychosocial skills as taught by a mental health professional or mental health practitioner
and as described in the child's individual treatment plan and individual behavior plan.
Activities involve working directly with the child or child's family as provided in
subdivision 9, paragraph (b), clause (4).
(n) "Mental health practitioner" means an individual as defined in section 245.4871,
subdivision 26.
(o) "Mental health professional" means an individual as defined in section 245.4871,
subdivision 27 , clauses (1) to (6), or tribal vendor as defined in section 256B.02,
subdivision 7 , paragraph (b).
(o) "Preschool program" means a day program licensed under Minnesota Rules,
parts 9503.0005 to 9503.0175, and enrolled as a children's therapeutic services and
supports provider to provide a structured treatment program to a child who is at least 33
months old but who has not yet attended the first day of kindergarten.
(p) "Skills training" means individual, family, or group training, delivered by or
under the direction of a mental health professional, designed to facilitate the acquisition
of psychosocial skills that are medically necessary to rehabilitate the child to an
age-appropriate developmental trajectory heretofore disrupted by a psychiatric illness
or to self-monitor, compensate for, cope with, counteract, or replace skills deficits or
maladaptive skills acquired over the course of a psychiatric illness. Skills training is
subject to the following requirements:
(1) a mental health professional or a mental health practitioner must provide skills
training;
(2) the child must always be present during skills training; however, a brief absence
of the child for no more than ten percent of the session unit may be allowed to redirect or
instruct family members;
(3) skills training delivered to children or their families must be targeted to the
specific deficits or maladaptations of the child's mental health disorder and must be
prescribed in the child's individual treatment plan;
(4) skills training delivered to the child's family must teach skills needed by parents
to enhance the child's skill development and to help the child use in daily life the skills
previously taught by a mental health professional or mental health practitioner and to
develop or maintain a home environment that supports the child's progressive use skills;
(5) group skills training may be provided to multiple recipients who, because of the
nature of their emotional, behavioral, or social dysfunction, can derive mutual benefit from
interaction in a group setting, which must be staffed as follows:
(i) one mental health professional or one mental health practitioner under supervision
of a licensed mental health professional must work with a group of four to eight clients; or
(ii) two mental health professionals or two mental health practitioners under
supervision of a licensed mental health professional, or one professional plus one
practitioner must work with a group of nine to 12 clients.

    Sec. 3. Minnesota Statutes 2012, section 256B.0943, subdivision 3, is amended to read:
    Subd. 3. Determination of client eligibility. A client's eligibility to receive
children's therapeutic services and supports under this section shall be determined based
on a diagnostic assessment by a mental health professional or a mental health practitioner
who meets the requirements as a clinical trainee as defined in Minnesota Rules, part
9505.0371, subpart 5, item C, that is performed within 180 days of one year before
the initial start of service. The diagnostic assessment must meet the requirements for
a standard or extended diagnostic assessment as defined in Minnesota Rules, part
9505.0372, subpart 1, items B and C, and:
(1) include current diagnoses on all five axes of the client's current mental health
status;
(2) determine whether a child under age 18 has a diagnosis of emotional disturbance
or, if the person is between the ages of 18 and 21, whether the person has a mental illness;
(3) document children's therapeutic services and supports as medically necessary to
address an identified disability, functional impairment, and the individual client's needs
and goals;
(4) be used in the development of the individualized treatment plan; and
(5) be completed annually until age 18. A client with autism spectrum disorder or
pervasive developmental disorder may receive a diagnostic assessment once every three
years, at the request of the parent or guardian, if a mental health professional agrees
there has been little change in the condition and that an annual assessment is not needed.
For individuals between age 18 and 21, unless a client's mental health condition has
changed markedly since the client's most recent diagnostic assessment, annual updating is
necessary. For the purpose of this section, "updating" means a written summary, including
current diagnoses on all five axes, by a mental health professional of the client's current
mental health status and service needs an adult diagnostic update as defined in Minnesota
Rules, part 9505.0371, subpart 2, item E.

    Sec. 4. Minnesota Statutes 2012, section 256B.0943, subdivision 6, is amended to read:
    Subd. 6. Provider entity clinical infrastructure requirements. (a) To be an eligible
provider entity under this section, a provider entity must have a clinical infrastructure
that utilizes diagnostic assessment, individualized treatment plans, service delivery,
and individual treatment plan review that are culturally competent, child-centered, and
family-driven to achieve maximum benefit for the client. The provider entity must review,
and update as necessary, the clinical policies and procedures every three years and must
distribute the policies and procedures to staff initially and upon each subsequent update.
    (b) The clinical infrastructure written policies and procedures must include policies
and procedures for:
    (1) providing or obtaining a client's diagnostic assessment that identifies acute and
chronic clinical disorders, co-occurring medical conditions, sources of psychological and
environmental problems, including a functional assessment. The functional assessment
component must clearly summarize the client's individual strengths and needs;
    (2) developing an individual treatment plan that:
    (i) is based on the information in the client's diagnostic assessment;
(ii) identified goals and objectives of treatment, treatment strategy, schedule for
accomplishing treatment goals and objectives, and the individuals responsible for
providing treatment services and supports;
    (iii) is developed after completion of the client's diagnostic assessment by a mental
health professional and before the provision of children's therapeutic services and supports;
    (iv) is developed through a child-centered, family-driven, culturally appropriate
planning process;
    (v) is reviewed at least once every 90 days and revised, if necessary; and
    (vi) is signed by the clinical supervisor and by the client or by the client's parent or
other person authorized by statute to consent to mental health services for the client;
    (3) developing an individual behavior plan that documents treatment strategies to be
provided by the mental health behavioral aide. The individual behavior plan must include:
    (i) detailed instructions on the treatment strategies to be provided;
    (ii) time allocated to each treatment strategy;
    (iii) methods of documenting the child's behavior;
    (iv) methods of monitoring the child's progress in reaching objectives; and
    (v) goals to increase or decrease targeted behavior as identified in the individual
treatment plan;
    (4) providing clinical supervision of the mental health practitioner and mental health
behavioral aide. A mental health professional must document the clinical supervision
the professional provides by cosigning individual treatment plans and making entries in
the client's record on supervisory activities. Clinical supervision does not include the
authority to make or terminate court-ordered placements of the child. A clinical supervisor
must be available for urgent consultation as required by the individual client's needs or
the situation. Clinical supervision may occur individually or in a small group to discuss
treatment and review progress toward goals. The focus of clinical supervision must be the
client's treatment needs and progress and the mental health practitioner's or behavioral
aide's ability to provide services;
    (4a) meeting day treatment and therapeutic preschool programs conditions in items
(i) to (iii):
    (i) the supervisor must be present and available on the premises more than 50
percent of the time in a five-working-day period during which the supervisee is providing
a mental health service;
    (ii) the diagnosis and the client's individual treatment plan or a change in the
diagnosis or individual treatment plan must be made by or reviewed, approved, and signed
by the supervisor; and
    (iii) every 30 days, the supervisor must review and sign the record indicating the
supervisor has reviewed the client's care for all activities in the preceding 30-day period;
    (4b) meeting the clinical supervision standards in items (i) to (iii) for all other
services provided under CTSS:
    (i) medical assistance shall reimburse for services provided by a mental health
practitioner who maintains a consulting relationship with a mental health professional
who accepts full professional responsibility;
(ii) medical assistance shall reimburse for services provided by a mental health
behavioral aide who maintains a consulting relationship with a mental health professional
who accepts full professional responsibility and has an approved plan for clinical
supervision of the behavioral aide. Plans will be approved developed in accordance with
supervision standards promulgated by the commissioner of human services defined in
Minnesota Rules, part 9505.0371, subpart 4, items A to D;
    (iii) the mental health professional is required to be present on site for observation as
clinically appropriate when the mental health practitioner or mental health behavioral aide
is providing CTSS services; and
    (iv) when conducted, the on-site presence of the mental health professional must be
documented in the child's record and signed by the mental health professional who accepts
full professional responsibility;
    (5) providing direction to a mental health behavioral aide. For entities that employ
mental health behavioral aides, the clinical supervisor must be employed by the provider
entity or other certified children's therapeutic supports and services provider entity to
ensure necessary and appropriate oversight for the client's treatment and continuity
of care. The mental health professional or mental health practitioner giving direction
must begin with the goals on the individualized treatment plan, and instruct the mental
health behavioral aide on how to construct therapeutic activities and interventions that
will lead to goal attainment. The professional or practitioner giving direction must also
instruct the mental health behavioral aide about the client's diagnosis, functional status,
and other characteristics that are likely to affect service delivery. Direction must also
include determining that the mental health behavioral aide has the skills to interact with
the client and the client's family in ways that convey personal and cultural respect and
that the aide actively solicits information relevant to treatment from the family. The aide
must be able to clearly explain the activities the aide is doing with the client and the
activities' relationship to treatment goals. Direction is more didactic than is supervision
and requires the professional or practitioner providing it to continuously evaluate the
mental health behavioral aide's ability to carry out the activities of the individualized
treatment plan and the individualized behavior plan. When providing direction, the
professional or practitioner must:
    (i) review progress notes prepared by the mental health behavioral aide for accuracy
and consistency with diagnostic assessment, treatment plan, and behavior goals and the
professional or practitioner must approve and sign the progress notes;
    (ii) identify changes in treatment strategies, revise the individual behavior plan,
and communicate treatment instructions and methodologies as appropriate to ensure
that treatment is implemented correctly;
    (iii) demonstrate family-friendly behaviors that support healthy collaboration among
the child, the child's family, and providers as treatment is planned and implemented;
    (iv) ensure that the mental health behavioral aide is able to effectively communicate
with the child, the child's family, and the provider; and
    (v) record the results of any evaluation and corrective actions taken to modify the
work of the mental health behavioral aide;
    (6) providing service delivery that implements the individual treatment plan and
meets the requirements under subdivision 9; and
    (7) individual treatment plan review. The review must determine the extent to which
the services have met the goals and objectives in the previous treatment plan. The review
must assess the client's progress and ensure that services and treatment goals continue to
be necessary and appropriate to the client and the client's family or foster family. Revision
of the individual treatment plan does not require a new diagnostic assessment unless the
client's mental health status has changed markedly. The updated treatment plan must be
signed by the clinical supervisor and by the client, if appropriate, and by the client's
parent or other person authorized by statute to give consent to the mental health services
for the child.

    Sec. 5. Minnesota Statutes 2012, section 256B.0943, subdivision 9, is amended to read:
    Subd. 9. Service delivery criteria. (a) In delivering services under this section, a
certified provider entity must ensure that:
    (1) each individual provider's caseload size permits the provider to deliver services
to both clients with severe, complex needs and clients with less intensive needs. The
provider's caseload size should reasonably enable the provider to play an active role in
service planning, monitoring, and delivering services to meet the client's and client's
family's needs, as specified in each client's individual treatment plan;
    (2) site-based programs, including day treatment and preschool programs, provide
staffing and facilities to ensure the client's health, safety, and protection of rights, and that
the programs are able to implement each client's individual treatment plan;
    (3) a day treatment program is provided to a group of clients by a multidisciplinary
team under the clinical supervision of a mental health professional. The day treatment
program must be provided in and by: (i) an outpatient hospital accredited by the Joint
Commission on Accreditation of Health Organizations and licensed under sections 144.50
to 144.55; (ii) a community mental health center under section 245.62; or (iii) an entity
that is certified under subdivision 4 to operate a program that meets the requirements of
section 245.4884, subdivision 2, and Minnesota Rules, parts 9505.0170 to 9505.0475. The
day treatment program must stabilize the client's mental health status while developing
and improving the client's independent living and socialization skills. The goal of the day
treatment program must be to reduce or relieve the effects of mental illness and provide
training to enable the client to live in the community. The program must be available at
least one day a week for a two-hour time block. The two-hour time block must include
at least one hour of individual or group psychotherapy. The remainder of the structured
treatment program may include individual or group psychotherapy, and individual or
group skills training, if included in the client's individual treatment plan. Day treatment
programs are not part of inpatient or residential treatment services. A day treatment
program may provide fewer than the minimally required hours for a particular child during
a billing period in which the child is transitioning into, or out of, the program; and
    (4) a therapeutic preschool program is a structured treatment program offered
to a child who is at least 33 months old, but who has not yet reached the first day of
kindergarten, by a preschool multidisciplinary team in a day program licensed under
Minnesota Rules, parts 9503.0005 to 9503.0175. The program must be available two
hours per day, five days per week, and 12 months of each calendar year. The structured
treatment program may include individual or group psychotherapy and individual or
group skills training, if included in the client's individual treatment plan. A therapeutic
preschool program may provide fewer than the minimally required hours for a particular
child during a billing period in which the child is transitioning into, or out of, the program.
    (b) A provider entity must deliver the service components of children's therapeutic
services and supports in compliance with the following requirements:
    (1) individual, family, and group psychotherapy must be delivered as specified in
Minnesota Rules, part 9505.0323 9505.0372, subpart 6;
    (2) individual, family, or group skills training must be provided by a mental health
professional or a mental health practitioner who has a consulting relationship with a
mental health professional who accepts full professional responsibility for the training;
    (3) crisis assistance must be time-limited and designed to resolve or stabilize crisis
through arrangements for direct intervention and support services to the child and the
child's family. Crisis assistance must utilize resources designed to address abrupt or
substantial changes in the functioning of the child or the child's family as evidenced by
a sudden change in behavior with negative consequences for well being, a loss of usual
coping mechanisms, or the presentation of danger to self or others;
    (4) mental health behavioral aide services must be medically necessary treatment
services, identified in the child's individual treatment plan and individual behavior plan,
which are performed minimally by a paraprofessional qualified according to subdivision
7, paragraph (b), clause (3), and which are designed to improve the functioning of the
child in the progressive use of developmentally appropriate psychosocial skills. Activities
involve working directly with the child, child-peer groupings, or child-family groupings to
practice, repeat, reintroduce, and master the skills defined in subdivision 1, paragraph (p),
as previously taught by a mental health professional or mental health practitioner including:
(i) providing cues or prompts in skill-building peer-to-peer or parent-child
interactions so that the child progressively recognizes and responds to the cues
independently;
(ii) performing as a practice partner or role-play partner;
(iii) reinforcing the child's accomplishments;
(iv) generalizing skill-building activities in the child's multiple natural settings;
(v) assigning further practice activities; and
(vi) intervening as necessary to redirect the child's target behavior and to de-escalate
behavior that puts the child or other person at risk of injury.
A mental health behavioral aide must document the delivery of services in written
progress notes. The mental health behavioral aide must implement treatment strategies
in the individual treatment plan and the individual behavior plan. The mental health
behavioral aide must document the delivery of services in written progress notes. Progress
notes must reflect implementation of the treatment strategies, as performed by the mental
health behavioral aide and the child's responses to the treatment strategies; and
    (5) direction of a mental health behavioral aide must include the following:
    (i) a clinical supervision plan approved by the responsible mental health professional;
    (ii) ongoing on-site face-to-face observation of the mental health behavioral aide
delivering services to a child by a mental health professional or mental health practitioner
for at least a total of one hour during every 40 hours of service provided to a child; and
    (iii) immediate accessibility of the mental health professional or mental health
practitioner to the mental health behavioral aide during service provision.

    Sec. 6. Minnesota Statutes 2012, section 256B.0944, subdivision 5, is amended to read:
    Subd. 5. Mobile crisis intervention staff qualifications. (a) To provide children's
mental health mobile crisis intervention services, a mobile crisis intervention team must
include:
(1) at least two mental health professionals as defined in section 256B.0943,
subdivision 1 , paragraph (n) (o); or
(2) a combination of at least one mental health professional and one mental health
practitioner as defined in section 245.4871, subdivision 26, with the required mental health
crisis training and under the clinical supervision of a mental health professional on the team.
(b) The team must have at least two people with at least one member providing
on-site crisis intervention services when needed. Team members must be experienced in
mental health assessment, crisis intervention techniques, and clinical decision making
under emergency conditions and have knowledge of local services and resources. The
team must recommend and coordinate the team's services with appropriate local resources,
including the county social services agency, mental health service providers, and local law
enforcement, if necessary.

ARTICLE 2

STATE-OPERATED SERVICES

    Section 1. Minnesota Statutes 2012, section 13.461, is amended by adding a
subdivision to read:
    Subd. 8a. State institutions. Disclosure of certain data on an individual who was
buried on the grounds of a state institution is governed by section 246.33, subdivision 4.

    Sec. 2. Minnesota Statutes 2012, section 245.036, is amended to read:
245.036 LEASES FOR STATE-OPERATED, COMMUNITY-BASED
PROGRAMS.
(a) Notwithstanding section 16B.24, subdivision 6, paragraph (a), or any other law
to the contrary, the commissioner of administration may lease land or other premises
to provide state-operated, community-based programs authorized by sections 246.014,
paragraph (a), and 252.50, 253.018, and 253.28 for a term of 20 years or less, with a
ten-year or less option to renew, subject to cancellation upon 30 days' notice by the state
for any reason, except rental of other land or premises for the same use.
(b) The commissioner of administration may also lease land or premises from
political subdivisions of the state to provide state-operated, community-based programs
authorized by sections 246.014, paragraph (a), and 252.50, 253.018, and 253.28 for a term
of 20 years or less, with a ten-year or less option to renew. A lease under this paragraph
may be canceled only due to the lack of a legislative appropriation for the program.

    Sec. 3. Minnesota Statutes 2012, section 246.014, is amended to read:
246.014 SERVICES.
The measure of services established and prescribed by section 246.012, are:
(a) The commissioner of human services shall develop and maintain state-operated
services in a manner consistent with sections 245.461, and 245.487, and 253.28, and
chapters 252, 254A, and 254B. State-operated services shall be provided in coordination
with counties and other vendors. State-operated services shall include regional treatment
centers, specialized inpatient or outpatient treatment programs, enterprise services,
community-based services and programs, community preparation services, consultative
services, and other services consistent with the mission of the Department of Human
Services. These services shall include crisis beds, waivered homes, intermediate care
facilities, and day training and habilitation facilities. The administrative structure of
state-operated services must be statewide in character. The state-operated services staff
may deliver services at any location throughout the state.
(b) The commissioner of human services shall create and maintain forensic services
programs. Forensic services shall be provided in coordination with counties and other
vendors. Forensic services shall include specialized inpatient programs at secure treatment
facilities as defined in section 253B.02, subdivision 18a, consultative services, aftercare
services, community-based services and programs, transition services, nursing home
services, or other services consistent with the mission of the Department of Human
Services.
(c) Community preparation services as identified in paragraphs (a) and (b) are
defined as specialized inpatient or outpatient services or programs operated outside of a
secure environment but are administered by a secured treatment facility.
(d) The commissioner of human services may establish policies and procedures
which govern the operation of the services and programs under the direct administrative
authority of the commissioner.

    Sec. 4. Minnesota Statutes 2012, section 246.0141, is amended to read:
246.0141 TOBACCO USE PROHIBITED.
No patient, staff, guest, or visitor on the grounds or in a state regional treatment
center, the Minnesota Security Hospital, or the Minnesota sex offender program, or
the Minnesota extended treatment options program may possess or use tobacco or a
tobacco-related device. For the purposes of this section, "tobacco" and "tobacco-related
device" have the meanings given in section 609.685, subdivision 1. This section does not
prohibit the possession or use of tobacco or a tobacco-related device by an adult as part of
a traditional Indian spiritual or cultural ceremony. For purposes of this section, an Indian is
a person who is a member of an Indian tribe as defined in section 260.755, subdivision 12.

    Sec. 5. Minnesota Statutes 2012, section 246.0251, is amended to read:
246.0251 HOSPITAL ADMINISTRATOR.
Notwithstanding any provision of law to the contrary, the commissioner of human
services may appoint a hospital administrator at any state hospital. Such hospital
administrator shall be a graduate of an accredited college giving a course leading to a
degree in hospital administration and the commissioner of human services, by rule, shall
designate such colleges which in the opinion of the commissioner give an accredited
course in hospital administration. The provisions of this section shall not apply to
any chief executive officer now appointed to that position who on July 1, 1963, is
neither a physician and surgeon nor a graduate of a college giving a degree in hospital
administration. In addition to a hospital administrator, the commissioner of human
services may appoint a licensed doctor of medicine as chief of the medical staff who shall
be in charge of all medical care, treatment, rehabilitation and research.

    Sec. 6. Minnesota Statutes 2012, section 246.12, is amended to read:
246.12 BIENNIAL ESTIMATES; SUGGESTIONS FOR LEGISLATION.
The commissioner of human services shall prepare, for the use of the legislature,
biennial estimates of appropriations necessary or expedient to be made for the support of
the several institutions and for extraordinary and special expenditures for buildings and
other improvements. The commissioner shall, in connection therewith, make suggestions
relative to legislation for the benefit of the institutions, or for improving the condition of the
dependent, defective, or criminal classes. The commissioner shall report the estimates and
suggestions to the legislature on or before November 15 in each even-numbered year. The
commissioner of human services on request shall appear before any legislative committee
and furnish any required information in regard to the condition of any such institution.

    Sec. 7. Minnesota Statutes 2012, section 246.128, is amended to read:
246.128 NOTIFICATION TO LEGISLATURE REQUIRED.
The commissioner shall notify the chairs and ranking minority members of
the relevant legislative committees regarding the redesign, closure, or relocation of
state-operated services programs. The notification must include the advice of the Chemical
and Mental Health Services Transformation Advisory Task Force under section 246.125.

    Sec. 8. Minnesota Statutes 2012, section 246.33, subdivision 4, is amended to read:
    Subd. 4. Plots in cemetery. The cemetery shall be platted into lots, which shall
be numbered; it shall have streets and walks, and the same shall be shown on the plat.
All containing graves shall be indicated by an appropriate marker of permanent nature
for identification purposes. Notwithstanding section 13.46, the commissioner of human
services may share private data on individuals for purposes of placing a marker on each
grave.

    Sec. 9. Minnesota Statutes 2012, section 246.54, subdivision 2, is amended to read:
    Subd. 2. Exceptions. (a) Subdivision 1 does not apply to services provided at
the Minnesota Security Hospital or the Minnesota extended treatment options program.
For services at these facilities, a county's payment shall be made from the county's own
sources of revenue and payments shall be paid as follows: payments to the state from the
county shall equal ten percent of the cost of care, as determined by the commissioner, for
each day, or the portion thereof, that the client spends at the facility. If payments received
by the state under sections 246.50 to 246.53 exceed 90 percent of the cost of care, the
county shall be responsible for paying the state only the remaining amount. The county
shall not be entitled to reimbursement from the client, the client's estate, or from the
client's relatives, except as provided in section 246.53.
    (b) Regardless of the facility to which the client is committed, subdivision 1 does
not apply to the following individuals:
    (1) clients who are committed as mentally ill and dangerous under section 253B.02,
subdivision 17;
    (2) clients who are committed as sexual psychopathic personalities under section
253B.02, subdivision 18b ; and
    (3) clients who are committed as sexually dangerous persons under section 253B.02,
subdivision 18c.
    For each of the individuals in clauses (1) to (3), the payment by the county to the state
shall equal ten percent of the cost of care for each day as determined by the commissioner.

    Sec. 10. Minnesota Statutes 2012, section 246.64, subdivision 1, is amended to read:
    Subdivision 1. Chemical dependency rates. Notwithstanding sections 246.50,
subdivision 5 ;, and 246.511; and 251.011, the commissioner shall establish separate rates
for each chemical dependency service operated by the commissioner and may establish
separate rates for each service component within the program by establishing fees for
services or different per diem rates for each separate chemical dependency unit within the
program based on actual costs attributable to the service or unit. The rate must allocate
the cost of all anticipated maintenance, treatment, and expenses including depreciation
of buildings and equipment, interest paid on bonds issued for capital improvements for
chemical dependency programs, reimbursement and other indirect costs related to the
operation of chemical dependency programs other than that paid from the Minnesota state
building fund or the bond proceeds fund, and losses due to bad debt. The rate must not
include allocations of chaplaincy, patient advocacy, or quality assurance costs that are
not required for chemical dependency licensure by the commissioner or certification
for chemical dependency by the Joint Commission on Accreditation of Hospitals.
Notwithstanding any other law, the commissioner shall treat these costs as nonhospital
department expenses.

    Sec. 11. Minnesota Statutes 2012, section 252.41, subdivision 7, is amended to read:
    Subd. 7. Regional center. "Regional center" means any one of the seven
state-operated facilities facility under the direct administrative authority of the
commissioner that serve serves persons with developmental disabilities. The following
facilities are regional centers: Brainerd Regional Human Services Center; Cambridge
Regional Treatment Center; Faribault Regional Center; Fergus Falls Regional Treatment
Center; Moose Lake Regional Treatment Center; St. Peter Regional Treatment Center;
and Willmar Regional Treatment Center.

    Sec. 12. Minnesota Statutes 2012, section 253.015, subdivision 1, is amended to read:
    Subdivision 1. State-operated services for persons with mental illness. The
state-operated services facilities located at Anoka, Brainerd, Fergus Falls, St. Peter, and
Willmar shall constitute the state-operated services facilities for persons with mental
illness, and shall be maintained under the general management of the commissioner
of human services. The commissioner of human services shall determine to what
state-operated services facility persons with mental illness shall be committed from each
county and notify the judge exercising probate jurisdiction thereof, and of changes made
from time to time.

    Sec. 13. Minnesota Statutes 2012, section 253B.045, subdivision 2, is amended to read:
    Subd. 2. Facilities. (a) Each county or a group of counties shall maintain or provide
by contract a facility for confinement of persons held temporarily for observation,
evaluation, diagnosis, treatment, and care. When the temporary confinement is provided
at a regional treatment center, the commissioner shall charge the county of financial
responsibility for the costs of confinement of persons hospitalized under section 253B.05,
subdivisions 1 and 2, and section 253B.07, subdivision 2b, except that the commissioner
shall bill the responsible health plan first. Any charges not covered, including co-pays
and deductibles shall be the responsibility of the county. If the person has health plan
coverage, but the hospitalization does not meet the criteria in subdivision 6 or section
62M.07 , 62Q.53, or 62Q.535, the county is responsible. When a person is temporarily
confined in a Department of Corrections facility solely under subdivision 1a, and not
based on any separate correctional authority:
    (1) the commissioner of corrections may charge the county of financial responsibility
for the costs of confinement; and
    (2) the Department of Human Services shall use existing appropriations to fund
all remaining nonconfinement costs. The funds received by the commissioner for the
confinement and nonconfinement costs are appropriated to the department for these
purposes.
    (b) For the purposes of this subdivision, "county of financial responsibility" has the
meaning specified in section 253B.02, subdivision 4c, or, if the person has no residence
in this state, the county which initiated the confinement. The charge for confinement
in a facility operated by the commissioner of human services shall be based on the
commissioner's determination of the cost of care pursuant to section 246.50, subdivision
5 . When there is a dispute as to which county is the county of financial responsibility, the
county charged for the costs of confinement shall pay for them pending final determination
of the dispute over financial responsibility.

    Sec. 14. Minnesota Statutes 2012, section 254.05, is amended to read:
254.05 DESIGNATION OF STATE HOSPITALS.
The state hospital located at Anoka shall hereafter be known and designated as the
Anoka-Metro Regional Treatment Center.; the state hospital located at Willmar shall
hereafter be known and designated as the Willmar Regional Treatment Center; until June
30, 1995, the state hospital located at Moose Lake shall be known and designated as
the Moose Lake Regional Treatment Center; after June 30, 1995, the newly established
state facility at Moose Lake shall be known and designated as the Minnesota Sexual
Psychopathic Personality Treatment Center; the state hospital located at Fergus Falls shall
hereafter be known and designated as the Fergus Falls Regional Treatment Center; and the
state hospital located at St. Peter shall hereafter be known and designated as the St. Peter
Regional Treatment Center. Each of the foregoing state hospitals shall also be known by
the name of regional center at the discretion of the commissioner of human services. The
terms "human services" or "treatment" may be included in the designation.

    Sec. 15. Minnesota Statutes 2012, section 295.50, subdivision 10b, is amended to read:
    Subd. 10b. Regional treatment center. "Regional treatment center" means a
regional center as defined in section 253B.02, subdivision 18, and named in sections
253.015, subdivision 1, and section 254.05.

    Sec. 16. Minnesota Statutes 2012, section 462A.03, subdivision 13, is amended to read:
    Subd. 13. Eligible mortgagor. "Eligible mortgagor" means a nonprofit or
cooperative housing corporation; the Department of Administration for the purpose of
developing nursing home beds under section 251.011 or community-based programs as
defined in sections section 252.50 and 253.28; a limited profit entity or a builder as defined
by the agency in its rules, which sponsors or constructs residential housing as defined in
subdivision 7; or a natural person of low or moderate income, except that the return to
a limited dividend entity shall not exceed 15 percent of the capital contribution of the
investors or such lesser percentage as the agency shall establish in its rules, provided that
residual receipts funds of a limited dividend entity may be used for agency-approved,
housing-related investments owned by the limited dividend entity without regard to the
limitation on returns. Owners of existing residential housing occupied by renters shall
be eligible for rehabilitation loans, only if, as a condition to the issuance of the loan, the
owner agrees to conditions established by the agency in its rules relating to rental or other
matters that will insure that the housing will be occupied by persons and families of low
or moderate income. The agency shall require by rules that the owner give preference
to those persons of low or moderate income who occupied the residential housing at the
time of application for the loan.

    Sec. 17. REVISOR'S INSTRUCTION.
The revisor of statutes shall replace the term "state operated services" or the term
"state-operated services" with the term "Minnesota Speciality Behavioral Health Services"
and replace the term "Minnesota Security Hospital" with the term "Minnesota Forensic
Services" throughout Minnesota Statutes and Minnesota Rules.

    Sec. 18. REPEALER.
Minnesota Statutes 2012, sections 246.04; 246.05; 246.125; 246.21; 246.57,
subdivision 5; 246.58; 246.59; 251.011, subdivisions 3 and 6; 253.015, subdivision 4;
253.018; and 253.28, are repealed.

ARTICLE 3

TERMINOLOGY CHANGES

    Section 1. Minnesota Statutes 2012, section 246.51, subdivision 3, is amended to read:
    Subd. 3. Applicability. The commissioner may recover, under sections 246.50 to
246.55 , the cost of any care provided in a state facility, including care provided prior to
July 1, 1989, regardless of the terminology used to designate the status or condition of the
person receiving the care or the terminology used to identify the facility. For purposes
of recovering the cost of care provided prior to July 1, 1989, the term "state facility" as
used in sections 246.50 to 246.55 includes "state hospital," "regional treatment center," or
"regional center"; and the term "client" includes, but is not limited to, persons designated
as "mentally deficient having a mental illness or developmental disability," "inebriate," or
"chemically dependent,." or "intoxicated."

    Sec. 2. Minnesota Statutes 2012, section 256.976, subdivision 3, is amended to read:
    Subd. 3. Grants-in-aid. The Minnesota Board on Aging, hereinafter called the
board, may make grants-in-aid for the employment of foster grandparents to qualified
resident group homes for dependent and neglected persons, day care centers and other
public or nonprofit private institutions and agencies providing care for neglected and
disadvantaged persons who lack close personal relationships. Agencies and institutions
seeking aid shall apply on a form prescribed by the board. Priority shall be given to
agencies and institutions providing care for retarded children with developmental
disabilities. Grants shall not be made to local public or nonprofit agencies until 40 percent
of the recognized need for foster grandparents within state institutions has been met.
Grants shall be for a period of 12 months or less, and grants to local public and nonprofit
agencies or institutions shall be based on 90 percent state, and ten percent local sharing
of program expenditures authorized by the board. Grants shall not be used to match
other state funds nor shall any person paid from grant funds be used to replace any staff
member of the grantee. Grants may be used to match federal funds. Each grantee shall
file a semiannual report with the board at the time and containing such information as
the board shall prescribe.

    Sec. 3. Minnesota Statutes 2012, section 272.02, subdivision 94, is amended to read:
    Subd. 94. Elderly living facility. (a) The first $5,000,000 in market value of an
elderly living facility is exempt from taxation if it meets all of the following requirements:
(1) the facility consists of no more than 75 living units;
(2) the facility is located in a city of the first class with a population of more than
350,000;
(3) the facility is owned and operated by a nonprofit corporation organized under
chapter 317A;
(4) the owner of the facility is an affiliate of entities that own and operate assisted
living and skilled nursing facilities that:
(i) are located across a street from the facility;
(ii) are adjacent to a church that is exempt from taxation under subdivision 6;
(iii) include a congregate dining program; and
(iv) provide assisted living or similar social and physical support;
(5) the residents of the facility must be:
(i) be at least 62 years of age; or
(ii) handicapped have a disability;
(6) at least 30 percent of the units in the facility are occupied by persons whose
annual income does not exceed 50 percent of median family income for the area; and
(7) before taxes payable in 2010, the facility has received approval of street vacation
and land use applications from the city in which it is to be located.
(b) In this subdivision, "affiliate" means any entity directly or indirectly controlling
or controlled by or under direct or indirect common control with an entity, and "control"
means the power to direct management and policies through membership or ownership
of voting securities.
(c) The exemption provided in this subdivision applies to taxes levied in each
year or partial year of the term of the facility's initial permanent financing or 25 years,
whichever is later.

    Sec. 4. Minnesota Statutes 2012, section 281.04, is amended to read:
281.04 REDEMPTION BY PERSONS UNDER DISABILITY.
Minors, insane persons with a mental illness, persons developmentally disabled, or
persons in captivity or in any country with which the United States is at war, having an
estate in or lien on lands sold for taxes, of record in the office of the county recorder of
the county where the lands lie, before the expiration of three years from the date of such
sale, may redeem the same within one year after such disability shall cease; but in such
case the right to redeem must be established in a suit for that purpose brought against
the party holding the title under the sale.

    Sec. 5. Minnesota Statutes 2012, section 322.24, is amended to read:
322.24 WHEN CERTIFICATE SHALL BE CANCELED OR AMENDED.
The certificate shall be canceled when the partnership is dissolved or all limited
partners cease to be such.
A certificate shall be amended when:
(1) there is a change in the name of the partnership or in the amount or character
of the contribution of any limited partner;
(2) a person is substituted as a limited partner;
(3) an additional limited partner is admitted;
(4) a person is admitted as a general partner;
(5) a general partner retires, dies, or becomes insane is adjudicated as a person who
lacks mental capacity, and the business is continued under section 322.20;
(6) there is a change in the character of the business of the partnership;
(7) there is a false or erroneous statement in the certificate;
(8) there is a change in the time as stated in the certificate for the dissolution of the
partnership or for the return of the contribution;
(9) a time is fixed for the dissolution of the partnership, or the return of a
contribution, no time having been specified in the certificate; or
(10) the members desire to make a change in any other statement in the certificate in
order that it shall accurately represent the agreement between them.

    Sec. 6. Minnesota Statutes 2012, section 357.28, subdivision 1, is amended to read:
    Subdivision 1. Fees. The fees to be charged and collected by a court commissioner
shall be as follows, and no other or greater fees shall be charged:
(1) for examining any petition, complaint, affidavit, or any paper wherein an order
is required, $2.50;
(2) for making and entering an order on the same, $1;
(3) for examining an alleged insane a person alleged to have a mental illness or
inebriate person chemical dependency for commitment, $25;
(4) for hearing and deciding on the return of a writ of habeas corpus, $10 for each
day necessarily occupied;
(5) for examination of judgment debtors in proceedings supplementary to execution
and for all disclosures in garnishment proceedings, in writing, 25 cents per folio;
(6) for all other services rendered by the commissioner, the same fees as are allowed
by law to other officers for similar services.

    Sec. 7. Minnesota Statutes 2012, section 387.20, subdivision 1, is amended to read:
    Subdivision 1. Counties under 75,000. (a) In addition to the sheriff's salary, the
sheriff shall be reimbursed for all expenses incurred in the performance of official duties
for the sheriff's county and the claim for the expenses shall be prepared, allowed, and paid
in the same manner as other claims against counties are prepared, allowed, and paid except
that the expenses incurred by the sheriffs in the performance of service required of them in
connection with insane persons with a mental illness either by a district court or by law
and a per diem for deputies and assistants necessarily required under the performance of
the services shall be allowed and paid as provided by the law regulating the apprehension,
examination, and commitment of insane persons with a mental illness; provided that any
sheriff or deputy receiving an annual salary shall pay over any per diem received to the
county in the manner and at the time prescribed by the county board, but not less often
than once each month.
(b) All claims for livery hire shall state the purpose for which such livery was used
and have attached thereto a receipt for the amount paid for such livery signed by the
person of whom it was hired.
(c) A county may pay a sheriff or deputy as compensation for the use of a personal
automobile in the performance of official duties a mileage allowance prescribed by the
county board or a monthly or other periodic allowance in lieu of mileage. The allowance
for automobile use is not subject to limits set by other law.

    Sec. 8. Minnesota Statutes 2012, section 481.12, is amended to read:
481.12 DISABILITY; SUBSTITUTION.
When the sole attorney of a party to any action or proceeding in any court of record
dies, becomes insane mentally incapacitated, or is removed or suspended, the party for
whom the attorney appears shall appoint another attorney within ten days after the disability
arises, and give immediate written notice of the substitution to the adverse party. If the party
fails to make substitution within such time, the adverse party, at least 20 days before taking
further proceedings against the party, shall give the party written notice to appoint another
attorney. When, for any reason, the attorney for a party ceases to act, and the party has no
known residence within the state, such notice may be served upon the court administrator.
In case such party fails either to comply with the notice or appear in person within 30
days, the party shall not be entitled to notice of subsequent proceedings in the case.

    Sec. 9. Minnesota Statutes 2012, section 508.79, is amended to read:
508.79 LIMITATION OF ACTION.
Any action or proceeding pursuant to section 508.76 to recover damages out of
the general fund, shall be commenced within six years from the time when the right
to commence the same accrued, and not afterwards. If at the time the right accrued or
thereafter within the six-year period, the person entitled to bring such action or proceeding
is a minor, or insane is a person with a mental illness, or imprisoned, or absent from the
United States in its service or the service of the state, such person, or anyone claiming
under that person, may commence such action or proceeding within two years after such
disability is removed.

    Sec. 10. Minnesota Statutes 2012, section 508A.79, is amended to read:
508A.79 LIMITATION OF ACTION.
Any action or proceeding pursuant to section 508A.76 to recover damages out
of the general fund shall be commenced within six years from the time when the right
to commence the same accrued, and not afterwards. If at the time the right accrued or
thereafter within the six-year period, the person entitled to bring the action or proceeding
is a minor, or insane is a person with a mental illness, or imprisoned, or absent from the
United States in its service or the service of the state, the person, or anyone claiming
under the person, may commence the action or proceeding within two years after the
disability is removed.

    Sec. 11. Minnesota Statutes 2012, section 518.04, is amended to read:
518.04 INSUFFICIENT GROUNDS FOR ANNULMENT.
No marriage shall be adjudged a nullity on the ground that one of the parties was
under the age of legal consent if it appears that the parties had voluntarily cohabited
together as husband and wife after having attained such age; nor shall the marriage of any
insane person with a mental illness be adjudged void after restoration to reason, if it appears
that the parties freely cohabited together as husband and wife after such restoration.

    Sec. 12. Minnesota Statutes 2012, section 525.092, subdivision 2, is amended to read:
    Subd. 2. Certain guardianships excepted. The provisions of this section shall not
apply to guardianships of incompetent or insane persons adjudicated as lacking mental
capacity, nor to guardianships of minors until one year after the minor has become 18
years old.

    Sec. 13. Minnesota Statutes 2012, section 555.04, is amended to read:
555.04 CONSTRUCTION, BY WHOM REQUESTED.
Any person interested as or through an executor, administrator, trustee, guardian,
or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust, in the
administration of a trust, or of the estate of a decedent, an infant, lunatic person who
lacks mental capacity, or insolvent, may have a declaration of rights or legal relations
in respect thereto:
(1) to ascertain any class of creditors, devisees, legatees, heirs, next of kin or other; or
(2) to direct the executors, administrators, or trustees to do or abstain from doing any
particular act in their fiduciary capacity; or
(3) to determine any question arising in the administration of the estate or trust,
including questions of construction of wills and other writings.

    Sec. 14. Minnesota Statutes 2012, section 558.31, is amended to read:
558.31 SHARE OF INCAPABLE PERSON.
When the share of an insane person a person with a mental illness, or other person
adjudged incapable of conducting to lack the mental capacity to conduct the person's own
affairs, is sold, that person's share of the proceeds may be paid by the referees making the
sale to the guardian who is entitled to the custody and management of that person's estate,
if the guardian has executed an undertaking, approved by a judge of the court, to faithfully
discharge the trust reposed in the guardian, and will render a true and just account to the
person entitled thereto, or that person's representatives.

    Sec. 15. Minnesota Statutes 2012, section 580.20, is amended to read:
580.20 ACTION TO SET ASIDE FOR CERTAIN DEFECTS.
No such sale shall be held invalid or be set aside by reason of any defect in the notice
thereof, or in the publication or service of such notice, or in the proceedings of the officer
making the sale, unless the action in which the validity of such sale is called in question be
commenced, or the defense alleging its invalidity be interposed, with reasonable diligence,
and not later than five years after the date of such sale; provided that persons under
disability to sue when such sale was made by reason of being minors, insane persons with
a mental illness, persons developmentally disabled, or persons in captivity or in any
country with which the United States is at war, may commence such action or interpose
such defense at any time within five years after the removal of such disability.

    Sec. 16. Minnesota Statutes 2012, section 609.06, subdivision 1, is amended to read:
    Subdivision 1. When authorized. Except as otherwise provided in subdivision 2,
reasonable force may be used upon or toward the person of another without the other's
consent when the following circumstances exist or the actor reasonably believes them to
exist:
(1) when used by a public officer or one assisting a public officer under the public
officer's direction:
(a) in effecting a lawful arrest; or
(b) in the execution of legal process; or
(c) in enforcing an order of the court; or
(d) in executing any other duty imposed upon the public officer by law; or
(2) when used by a person not a public officer in arresting another in the cases and in
the manner provided by law and delivering the other to an officer competent to receive
the other into custody; or
(3) when used by any person in resisting or aiding another to resist an offense
against the person; or
(4) when used by any person in lawful possession of real or personal property, or
by another assisting the person in lawful possession, in resisting a trespass upon or other
unlawful interference with such property; or
(5) when used by any person to prevent the escape, or to retake following the escape,
of a person lawfully held on a charge or conviction of a crime; or
(6) when used by a parent, guardian, teacher, or other lawful custodian of a child or
pupil, in the exercise of lawful authority, to restrain or correct such child or pupil; or
(7) when used by a school employee or school bus driver, in the exercise of lawful
authority, to restrain a child or pupil, or to prevent bodily harm or death to another; or
(8) when used by a common carrier in expelling a passenger who refuses to obey a
lawful requirement for the conduct of passengers and reasonable care is exercised with
regard to the passenger's personal safety; or
(9) when used to restrain a person who is mentally ill or mentally defective a person
with a developmental disability from self-injury or injury to another or when used by
one with authority to do so to compel compliance with reasonable requirements for the
person's control, conduct, or treatment; or
(10) when used by a public or private institution providing custody or treatment
against one lawfully committed to it to compel compliance with reasonable requirements
for the control, conduct, or treatment of the committed person.

    Sec. 17. Minnesota Statutes 2012, section 609.36, subdivision 2, is amended to read:
    Subd. 2. Limitations. No prosecution shall be commenced under this section except
on complaint of the husband or the wife, except when such husband or wife is insane a
person with a mental illness, nor after one year from the commission of the offense.

    Sec. 18. Minnesota Statutes 2012, section 611.026, is amended to read:
611.026 CRIMINAL RESPONSIBILITY OF MENTALLY ILL OR
DEFICIENT PERSONS WITH A MENTAL ILLNESS OR COGNITIVE
IMPAIRMENT.
No person shall be tried, sentenced, or punished for any crime while mentally ill or
mentally deficient diagnosed with a mental illness or cognitive impairment so as to be
incapable of understanding the proceedings or making a defense; but the person shall not
be excused from criminal liability except upon proof that at the time of committing the
alleged criminal act the person was laboring under such a defect of reason, from one of
these causes, as not to know the nature of the act, or that it was wrong.

    Sec. 19. Minnesota Statutes 2012, section 628.54, is amended to read:
628.54 CAUSES OF OBJECTION TO JUROR; HOW TRIED; DECISION
ENTERED.
An objection to an individual grand juror may be based on the cause that the grand
juror:
(1) is less than 18 years of age;
(2) is not a citizen of the United States;
(3) has not resided in this state 30 days;
(4) is insane;
(5) (4) is a prosecutor upon a charge against the defendant;
(6) (5) is a witness on the part of the prosecution, and has been served with process
or bound by recognizance as such; or
(7) (6) is of a state of mind in reference to the case or to either party which shall
satisfy the court, in the exercise of a sound discretion, that the juror cannot act impartially
and without prejudice to the substantial rights of the party objecting.

    Sec. 20. FUNDING.
Everything in this article shall be administered by the commissioner of human
services within the limits of available appropriations.

    Sec. 21. REVISOR'S INSTRUCTION.
To implement the amendments in sections 1 to 19, in each part of Minnesota Rules
referred to in column A, the revisor of statutes shall delete the number, word, or phrase in
column B and insert the number, word, or phrase in column C. The revisor shall also make
related grammatical changes and changes in headnotes.

	Column A	Column B	Column C
	1323.0891	handicapped	who have a disability
	2911.6100	retardation	developmental disability
	2945.0100, subpart 2	be mentally deficient	have a mental illness or a developmental disability
	2945.1000, subpart 3	retardation	developmental disability
	4640.0100, subpart 8	A "mental hospital" is a hospital for the diagnosis, treatment, and custodial care of persons with nervous and mental illness. Institutions for the feeble-minded and for epileptics are not mental hospitals.	A "hospital for persons with mental illness" is a hospital for the diagnosis, treatment, and custodial care of persons with nervous and mental illness.
	4640.0100, subpart 9	mental hospital	hospital for persons with mental illness
	4640.0100, subpart 10	mental hospital	hospital for persons with mental illness
	4640.4300	the mentally deficient and epileptic	persons with developmental disabilities and epilepsy
	5208.1500, item H	mental retardation facilities	facilities for persons with developmental disabilities
	7410.2700, subpart 2	incompetent, or deficient	or that a person has a cognitive impairment
	7410.2700, subpart 2	incompetency, or deficiency	or cognitive impairment
	9505.0420, subpart 4	mental retardation professional as defined by Code of Federal Regulations, title 42, section 442.401	developmental disability professional
	9505.0420, subpart 4	435.1009	435.1010
	9520.0040	mental retardation	developmental disability
	9525.0004, subpart 22	mental retardation	developmental disability
	9525.0004, subpart 24	mental retardation	developmental disability
	9525.1850, item D	mental retardation	developmental disability
	9525.1850, item D	442.401	483.430
	9525.1850, item E	mental retardation	developmental disability
	9525.1850, item E	442.401	483.430
	9525.2710, subpart 14a	mental retardation	developmental disability
	9525.2710, subpart 27	mental retardation	developmental disability
	9525.2710, subpart 27	QMRP	QDDP
	9525.2750, subpart 2	mental retardation	developmental disability
	9525.2760, subpart 4	mental retardation	developmental disability
	9525.2770, subpart 6	QMRP	QDDP
	9525.3010, subpart 1	mental retardation	a developmental disability
	9525.3010, subpart 2	mental retardation	a developmental disability
	9525.3015, subpart 8	mental retardation	a developmental disability
	9525.3015, subpart 34	mental retardation	a developmental disability
	9525.3020, subpart 2	mental retardation	a developmental disability
	9525.3025, subpart 1	mental retardation	a developmental disability
	9525.3025, subpart 3	mental retardation	a developmental disability
	9525.3055, subpart 2	mental retardation	developmental disability
	9525.3060, subpart 2	mental retardation	developmental disabilities
	9525.3095	mental retardation	developmental disabilities