MN SF54

Respondents in civil commitment proceedings may request a jury trial by filing a written motion with district court within ten days of receiving the commitment petition, which the court must grant if timely filed.

Court or jury must find by clear and convincing evidence that commitment is necessary and that no suitable alternative exists, after considering dismissal, voluntary outpatient care, voluntary admission, guardianship/conservatorship, or other treatment options.

When determining least restrictive program, court or jury must consider community-based nonresidential treatment, community residential treatment, partial hospitalization, acute care hospital, assertive community treatment teams, state-operated programs, and the patient's treatment preferences.

Court or jury may commit patient to both a community-based treatment program and the commissioner, allowing transfer to state-operated care if patient needs higher level of care, with reversion to community program when appropriate.

Findings of fact and conclusions of law must specifically identify less restrictive alternatives considered and rejected, with reasons for each rejection when commitment is ordered.