MSBA | Criminal Law Section | Priority Admissions and Court-Ordered Mental Health Treatment

This event was co-presented by the Criminal Law Section and the Minnesota County Attorneys Association (MCAA), the Association of Minnesota Counties (AMC), the Minnesota Association of County Social Service Administrators (MACSSA), and the Minnesota Sheriffs' Association (MSA). Across Minnesota, people who have not been convicted of a crime are being held in county jails often for weeks even months while they wait for court-ordered treatment in a state psychiatric hospital. The Legislature enacted the Priority Admissions Law (aka the 48-hour law) in 2013 to address the already growing crises by requiring admission to a state hospital within 48 hours of being committed to the Department of Human Services for treatment. Yet, the problem continues to grow as the national mental health crises worsens. Public defenders, the criminal law bar, county attorneys, judges, law enforcement, county commissioners and social services providers recognize the need for a legislative solution to the crises, but one has remained elusive. The existing laws and processes regarding civil commitment and court-ordered treatment are complex, as are potential solutions. This in-depth conference explores the history, background, and processes involved in Minnesota’s commitment law and court-ordered treatment, as well as the nature and extent of the problem, legal efforts to compel action, and the latest developments at the Legislature to find solutions.
*No CLE credit for this recording.