SF3617

Purpose

• To modify how the state defines “chemically dependent person” for civil commitment under the civil commitment system.

Main Provisions

• Redefines Chemically dependent person in Minnesota Statutes 2024 section 253B.02 subdivision 2 with two parts:
  • a) A person determined to be incapable of self-management or management of personal affairs due to habitual and excessive use of alcohol, drugs, or other mind-altering substances.
  • b) The person’s recent conduct, resulting from that habitual/excessive use, shows a substantial likelihood of physical harm to self or others. This can be shown by:
  • i) a recent attempt or threat to physically harm self or others,
  • ii) evidence of recent serious physical problems, or
  • iii) a failure to obtain necessary food, clothing, shelter, or medical care.
• Adds a specific provision that a pregnant woman who, during pregnancy, has engaged in habitual or excessive nonmedical use of certain substances is also within the definition. The substances listed are: opium, cocaine, heroin, phencyclidine (PCP), methamphetamine, amphetamine, tetrahydrocannabinol (THC), or alcohol.

Key Definitions Included

• Chemically dependent person: defined by incapacity for self-management due to substance use and by conduct indicating potential harm to self or others.
• Mind-altering substances: includes drugs and other substances that affect the mind and behavior.
• Substantial likelihood of physical harm: threshold used to determine risk to self or others.
• Nonmedical use: use of substances not for a medical purpose.

Substances Listed for Pregnant Woman Provision

• Opium
• Cocaine
• Heroin
• Phencyclidine (PCP)
• Methamphetamine
• Amphetamine
• Tetrahydrocannabinol (THC)
• Alcohol

Significant Changes to Existing Law

• Broadens the scope of who can be considered a chemically dependent person for civil commitment by tightening or expanding the criteria (incapacity plus a demonstrable risk of harm).
• Explicitly includes pregnant women who use the listed substances nonmedically during pregnancy in the chemically dependent category.
• Clarifies the evidentiary standards for determining risk (recent attempts/threats, recent serious physical problems, or failure to meet basic needs).

Practical Implications (Overview)

• The bill could lead to more individuals being eligible for civil commitment if they meet the new, broadened criteria.
• It places specific emphasis on recent behavior and basic-needs neglect as indicators of danger.
• The pregnant-women provision creates a targeted inclusion for substance use during pregnancy within the civil commitment framework.

Relevant Terms - chemically dependent person - civil commitments - Minnesota Statutes 2024 section 253B.02 subdivision 2 - incapable of self-management - management of personal affairs - habitual and excessive use - alcohol - drugs - mind-altering substances - substantial likelihood of physical harm - recent attempt or threat to harm self or others - recent serious physical problems - failure to obtain necessary food, clothing, shelter or medical care - pregnant woman - nonmedical use - opium - cocaine - heroin - phencyclidine (PCP) - methamphetamine - amphetamine - tetrahydrocannabinol (THC) - alcohol