Some Minnesota Statutes

Minnesota Statutes Summary Display Documents 1 to 6 of 6
Section Number    Chapter Title    Section Headnote
241.69
    DEPARTMENT OF CORRECTIONS    Mental health unit; establishment.
245.713
    DEPARTMENT OF HUMAN SERVICES    Allocation formula.
245.714
    DEPARTMENT OF HUMAN SERVICES    Maintenance of effort.
245.73
    DEPARTMENT OF HUMAN SERVICES    Grants for residential services for adults with mental illness.
462A.03
    HOUSING FINANCE AGENCY    Definitions.
631.50
    TRIAL, JUDGMENT, SENTENCE    Alien inmates or mentally ill persons; requiring notice to United States immigration officers.

Minnesota Statutes 2004 Display Document 1 of 6

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Chapter Title: DEPARTMENT OF CORRECTIONS
Section: 241.69

Text:

241.69 Mental health unit; establishment.

    Subdivision 1. Authority; rules. The commissioner of
corrections shall, in accordance with applicable rules and
standards prescribed by the Department of Human Services,
establish, staff, equip, maintain, and operate at one of the
adult correctional institutions under the commissioner's control
a mental health unit for the care and treatment of those inmates
of state correctional institutions who become mentally ill.

    Subd. 2. Examination. When any person confined in an
adult correctional institution under the control of the
commissioner of corrections is alleged to be a person who is
mentally ill, the director of psychological services, or warden
or other person in charge of the institution shall cause the
person to be examined by a licensed physician especially
qualified in the diagnosis of mental illness, or, if none is
available, by any licensed physician or licensed mental health
professional available to the institution.

    Subd. 3. Transfer. If the licensed mental health
professional finds the person to be a person who is mentally ill
and in need of short-term care, the examining health care
professional may recommend transfer by the commissioner of
corrections to the mental health unit established pursuant to
subdivision 1.

    Subd. 4. Commitment. If the examining health care
professional or licensed mental health professional finds the
person to be a person who is mentally ill and in need of
long-term care in a hospital, or if an inmate transferred
pursuant to subdivision 3 refuses to voluntarily participate in
the treatment program at the mental health unit, the director of
psychological services of the institution or the mental health
professional shall initiate proceedings for judicial commitment
as provided in section 253B.07.  Upon the recommendation of the
licensed mental health professional and upon completion of the
hearing and consideration of the record, the court may commit
the person to the mental health unit established in subdivision
1 or to another hospital.  A person confined in a state
correctional institution for adults who has been adjudicated to
be a person who is mentally ill and in need of treatment may be
committed to the commissioner of corrections and placed in the
mental health unit established in subdivision 1.

    Subd. 5. Discharge. The director of psychological
services of the mental health unit established under this
section may, subject to the provisions of chapter 253B,
provisionally discharge any inmate patient admitted as a person
who is mentally ill without discharging the commitment and order
the inmate patient's release into the general population of the
institution from which admitted, subject to return to the
facility for further treatment.

    When the director of psychological services of the facility
certifies that a patient is no longer in need of institutional
care for mental illness the director of psychological services
shall discharge the patient to the institution from which
committed, and the discharge shall also discharge the mental
illness commitment.

    A copy of the certification that the inmate is no longer in
need of care for mental illness shall be transmitted to the
commissioner of corrections.

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Section: 241.69 continued...

The commissioner of corrections
shall give serious consideration to the aforementioned
certification for purposes of their supervision over the inmate
upon the inmate's release.

    Subd. 6. Transfer upon expiration of sentence. If
the sentence of a person who has been adjudicated to be mentally
ill and committed to the mental health unit established under
this section should expire before the person recovers and is
discharged therefrom, and, in the judgment of the director of
psychological services of the unit, the person requires further
hospitalization for mental illness, the person shall be
transferred by the commissioner of corrections to a state
hospital designated by the commissioner of human services, there
to be detained as in the case of other mentally ill persons
under judicial commitment.

    Subd. 7. Costs. The costs of the commitment
proceedings under this section shall be borne by the state.

    Subd. 8. Definitions. For the purposes of this
section, the words defined in section 253B.02 have the meanings
given them in that section.

    HIST: 1978 c 707 s 1; 1981 c 360 art 1 s 18; 1982 c 581 s 24;
1983 c 274 s 18; 1984 c 654 art 5 s 58; 1986 c 444; 1987 c 252 s
4; 1991 c 255 s 19; 2001 c 210 s 10; 2002 c 221 s 11-14
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Minnesota Statutes 2004 Display Document 2 of 6
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Chapter Title: DEPARTMENT OF HUMAN SERVICES
Section: 245.713

Text:

245.713 Allocation formula.

    Subdivision 1.  Repealed, 1987 c 403 art 2 s 164

    Subd. 2. Total funds available; allocation. Funds
granted to the state by the federal government under United
States Code, title 42, sections 300X to 300X-9 each federal
fiscal year for mental health services must be allocated as
follows:

    (a) Any amount set aside by the commissioner of human
services for American Indian organizations within the state,
which funds shall not duplicate any direct federal funding of
American Indian organizations and which funds shall be at least
25 percent of the total federal allocation to the state for
mental health services; provided that sufficient applications
for funding are received by the commissioner which meet the
specifications contained in requests for proposals.  Money from
this source may be used for special committees to advise the
commissioner on mental health programs and services for American
Indians and other minorities or underserved groups.  For
purposes of this subdivision, "American Indian organization"
means an American Indian tribe or band or an organization
providing mental health services that is legally incorporated as
a nonprofit organization registered with the secretary of state
and governed by a board of directors having at least a majority
of American Indian directors.

    (b) An amount not to exceed five percent of the federal
block grant allocation for mental health services to be retained
by the commissioner for administration.

    (c) Any amount permitted under federal law which the
commissioner approves for demonstration or research projects for
severely disturbed children and adolescents, the underserved,
special populations or multiply disabled mentally ill persons.
The groups to be served, the extent and nature of services to be
provided, the amount and duration of any grant awards are to be
based on criteria set forth in the Alcohol, Drug Abuse and
Mental Health Block Grant Law, United States Code, title 42,
sections 300X to 300X-9, and on state policies and procedures
determined necessary by the commissioner.  Grant recipients must
comply with applicable state and federal requirements and
demonstrate fiscal and program management capabilities that will
result in provision of quality, cost-effective services.

    (d) The amount required under federal law, for federally
mandated expenditures.

    (e) An amount not to exceed 15 percent of the federal block
grant allocation for mental health services to be retained by
the commissioner for planning and evaluation.

    Subd. 3.  Repealed, 1987 c 403 art 2 s 164

    Subd. 4. Funds available due to transfer. Any
federal funds available to the commissioner for mental health
services prescribed under United States Code, title 42, sections
300X to 300X-9 due to transfer of funds between block grants
shall be allocated as prescribed in section 256E.07, subdivision
1, clauses (a) and (b).

    HIST: 1982 c 607 s 5; 1984 c 654 art 5 s 58; 1985 c 252 s 4;
1987 c 403 art 2 s 41; 1989 c 282 art 4 s 59

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Minnesota Statutes 2004 Display Document 3 of 6

Chapter Title: DEPARTMENT OF HUMAN SERVICES
Section: 245.714

Text:

245.714 Maintenance of effort.

    Beginning in federal fiscal year 1983, each county shall
annually certify to the commissioner that the county has not
reduced funds from state, county, and other nonfederal sources
which would in the absence of the federal funds made available
by United States Code, title 42, sections 300X to 300X-9 have
been made available for services to mentally ill persons.

    HIST: 1982 c 607 s 6

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Minnesota Statutes 2004 Display Document 4 of 6
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Chapter Title: DEPARTMENT OF HUMAN SERVICES
Section: 245.73

Text:

245.73 Grants for residential services for adults with
mental illness.

    Subdivision 1. Commissioner's duty. The commissioner
shall establish a statewide program to assist counties in
ensuring provision of services to adult mentally ill persons.
The commissioner shall make grants to county boards to provide
community-based services to mentally ill persons through
programs licensed under sections 245A.01 to 245A.16.

    Subd. 2. Application; criteria. County boards may
submit an application and budget for use of the money in the
form specified by the commissioner.  The commissioner shall make
grants only to counties whose applications and budgets are
approved by the commissioner for residential programs for adults
with mental illness to meet licensing requirements pursuant to
sections 245A.01 to 245A.16.  These grants shall not be used for
room and board costs.  For calendar year 1994 and subsequent
years, the commissioner shall allocate the money appropriated
under this section on a calendar year basis.

    Subd. 2a. Special programs. Grants received pursuant
to this section may be used to fund innovative programs in
residential facilities, related to structured physical fitness
programs designed as part of a mental health treatment plan.

    Subd. 3. Formula. Grants made pursuant to this
section shall finance 75 to 100 percent of the county's costs of
expanding or providing services for adult mentally ill persons
in residential facilities as provided in subdivision 2.

    Subd. 4. Rules; reports. The commissioner shall
promulgate an emergency and permanent rule to govern grant
applications, approval of applications, allocation of grants,
and maintenance of service and financial records by grant
recipients.

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Minnesota Statutes 2004 Display Document 4 of 6
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Section: 245.73 continued...

The commissioner shall specify requirements for
reports, including quarterly fiscal reports, according to
section 256.01, subdivision 2, paragraph (17).  The commissioner
shall require collection of data for compliance, monitoring and
evaluation purposes and shall require periodic reports to
demonstrate the effectiveness of the services in helping adult

mentally ill persons remain and function in their own
communities.  As a part of the report required by section
245.461, the commissioner shall report to the legislature as to
the effectiveness of this program and recommendations regarding
continued funding.

    Subd. 5. Transfer of funds. The commissioner may
transfer money from adult mental health residential program
grants to community support program grants under section 256E.12
if the county requests such a transfer and if the commissioner
determines the transfer will help adults with mental illness to
remain and function in their own communities.  The commissioner
shall consider past utilization of the residential program in
determining which counties to include in the transferred fund.

    HIST: 1981 c 360 art 2 s 14; 1983 c 164 s 1; 1984 c 640 s 32;
1986 c 349 s 1; 1987 c 384 art 2 s 1; 1989 c 89 s 3; 1989 c 282
art 2 s 55,56; art 4 s 60; 1990 c 568 art 5 s 30; 1Sp1993 c 1
art 7 s 21-23

Minnesota Statutes 2004 Display Document 5 of 6

Chapter Title: HOUSING FINANCE AGENCY
Section: 462A.03

Text:

462A.03 Definitions.

    Subdivision 1. Application. For the purpose of this
chapter, the terms defined in this section have the meanings
ascribed to them.

    Subd. 2. Development costs. "Development costs"
means the costs approved by the agency as appropriate
expenditures which may be incurred by sponsors of land
development for residential housing or of residential housing,
within this state, prior to commitment and initial advance of
the proceeds of an eligible construction loan, or eligible
mortgage, and for which temporary loans from the housing
development fund may be made by the agency subject to the
provisions of section 462A.05, subdivision 5, including but not
limited to:

    (a) payments for options to purchase properties on the
proposed residential housing site, deposits on contracts of
purchase, or, with prior approval of the agency, payments for
the purchase of such properties;

    (b) legal and organizational expenses, including payments
of attorneys' fees, project manager and clerical staff salaries,
office rent and other incidental expenses;

    (c) payment of fees for preliminary feasibility studies,
advances for planning, engineering and architectural work;

    (d) expenses for tenant surveys and market analyses; and

    (e) necessary application and other fees.

    Subd. 3. Federally insured construction loan.
"Federally insured construction loan" means a construction loan
for residential housing which is insured by the United States or
an instrumentality thereof, or by a commitment by the United
States or an instrumentality thereof to insure such a loan or to
make mortgage insurance available for a residential housing
project upon the completion thereof in accordance with federal
law and regulations.

    Subd. 4. Federally insured mortgage. "Federally
insured mortgage" means a mortgage loan for residential housing
which is insured or guaranteed by the United States or an
instrumentality thereof, or by a commitment by the United States
or an instrumentality thereof to insure such a mortgage.

    Subd. 5. Federally insured security. "Federally
insured security" means an evidence of indebtedness insured or
guaranteed as to repayment of principal and interest by the
United States or an instrumentality thereof.

    Subd. 6. Agency. "Agency" means the Minnesota
Housing Finance Agency created by this chapter.

    Subd. 7.

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Minnesota Statutes 2004 Display Document 5 of 6

Section: 462A.03 continued...

Residential housing. "Residential housing"
means a specific work or improvement within this state
undertaken primarily to provide residential care facilities for
mentally ill, mentally retarded, physically handicapped, and
drug dependent persons licensed or potentially eligible for
licensure under rules promulgated by the commissioner of human
services, or to provide dwelling accommodations or manufactured
home parks for persons and families of low and moderate income
and for other persons and families when determined to be
necessary in furtherance of the policy of economic integration
stated in section 462A.02, subdivision 6, including land
development and the acquisition, construction or rehabilitation
of buildings and improvements thereto, for residential housing,
and such other nonhousing facilities as may be incidental or
appurtenant thereto.

    Subd. 8. Land development. "Land development" means
the process of acquiring land for residential housing
construction, and of making, installing, or constructing
nonresidential housing improvements, including waterlines and
water supply installations, sewer lines and sewage disposal
installations, steam, gas and electric lines and installations,
roads, streets, curbs, gutters, sidewalks, whether on or off the
site, which the agency deems necessary or desirable to prepare
such land for residential housing construction within this state.

    Subd. 9. Housing development fund. "Housing
development fund" means the fund established by section
462A.20.  "Bond fund" means any fund or funds established by the
agency for the disposition of the proceeds of its bonds or notes
issued as authorized in sections 462A.08 to 462A.17 and any debt
service reserve fund established for the security of bonds or
notes pursuant to section 462A.22.

    Subd. 10. Persons and families of low and moderate
income. "Persons and families of low and moderate income"
means persons and families, irrespective of race, creed,
national origin, sex, or status with respect to guardianship or
conservatorship, determined by the agency to require such
assistance as is made available by this chapter on account of
personal or family income not sufficient to afford adequate
housing.  In making such determination the agency shall take
into account the following:  (a) The amount of the total income
of such persons and families available for housing needs, (b)
the size of the family, (c) the cost and condition of housing
facilities available, (d) the eligibility of such persons and
families to compete successfully in the normal housing market
and to pay the amounts at which private enterprise is providing
sanitary, decent and safe housing.  In the case of federally
subsidized mortgages with respect to which income limits have
been established by any agency of the federal government having
jurisdiction thereover for the purpose of defining eligibility
of low and moderate income families, the limits so established
shall govern under the provisions of this chapter.  In all other
cases income limits for the purpose of defining low or moderate
income persons shall be established by the agency by rules.

    Subd. 11. Eligible loan. "Eligible loan" means any
mortgage loan, construction loan, rehabilitation loan, or other
loan, whether or not federally insured, granted by the agency to
an eligible mortgagor.

    Subd. 12. Eligible security.

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Minnesota Statutes 2004 Display Document 5 of 6

Section: 462A.03 continued...

"Eligible security"
means any security payable from or evidencing an interest in
mortgages, all or a portion of which secure loans financing
residential housing.

    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 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.

    Subd. 14. Federal housing assistance supplements.
"Federal housing assistance supplements" means all funds or
certificates of tax credit or exemption, including mortgage
credit certificates, or low-income housing credits, made
available to the state of Minnesota by the federal government or
any agency or instrumentality thereof for the purpose of
assisting in providing adequate and economic housing in the
state of Minnesota.

    Subd. 15. Rehabilitation. "Rehabilitation" means the
repair, reconstruction, or improvement of existing residential
housing with the object of making such residential housing
decent, safe, sanitary and more desirable to live in, of greater
market value or in conformance with state, county, or city
health, housing, building, fire prevention, and housing
maintenance codes, and lead and other public standards
applicable to housing, as determined by the agency.

    Subd. 16. Mentally ill person. "Mentally ill person"
means a person with a mental illness, an adult with an acute
mental illness, or a person with a serious and persistent mental
illness, as prescribed by section 245.462, subdivision 20.

    Subd. 17. Mentally retarded person. "Mentally
retarded person" shall have the meaning prescribed by section
253B.02, subdivision 14.

    Subd. 18. Drug dependent person.
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Minnesota Statutes 2004 Display Document 5 of 6
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Section: 462A.03 continued...

"Drug dependent
person" shall have the meaning prescribed by section 254A.02,
subdivision 5.

    Subd. 19. Residential care facility. "Residential
care facility" means a living unit established primarily for the
accommodation and treatment of persons who are mentally ill,
mentally retarded, physically handicapped, and drug dependent.

    Subd. 20. American Indian. "American Indian" means a
person who is a member of an Indian tribe, as the terms
"Indian," "Indian tribe," and "tribal organization" are defined
in United States Code, title 25, section 450b.

    Subd. 21. City. "City" has the meaning given in
section 462C.02, subdivision 6.

    Subd. 22. Nonprofit organization. "Nonprofit
organization" means a housing and redevelopment authority
established under sections 469.001 to 469.047, or other law, or
a partnership, joint venture, corporation, or association which
is established for a purpose not involving pecuniary gain to the
members, partners, or shareholders; pays no dividends or other
pecuniary remuneration to the members, partners, or
shareholders; and in the case of a private nonprofit
corporation, is established under chapter 317A and is in
compliance with chapter 317A.  A nonprofit organization does not
include a limited dividend entity.

    Subd. 23. Metropolitan area. "Metropolitan area" has
the meaning given in section 473.121, subdivision 2.

    HIST: 1971 c 702 s 3; 1973 c 501 s 15; 1973 c 515 s 2-10; 1974
c 441 s 4-6; 1976 c 218 s 2-6; 1976 c 254 s 1; 1977 c 401 s 2,3;
1981 c 306 s 3; 1982 c 581 s 24; 1983 c 185 s 1; 1984 c 640 s
32; 1984 c 654 art 5 s 58; 1Sp1985 c 13 s 333; 1986 c 465 art 2
s 10; 1987 c 350 s 1; 1988 c 542 s 1; 1989 c 270 s 1; 1989 c 328
art 1 s 3; 1991 c 292 art 6 s 52; art 9 s 15-18; 1992 c 522 s
24; 1Sp1993 c 1 art 9 s 74; 1997 c 7 art 5 s 36; 1Sp2001 c 4 art
4 s 2-5; 2002 c 221 s 45; 1Sp2003 c 14 art 6 s 67; 2004 c 263 s
19
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Minnesota Statutes 2004 Display Document 6 of 6

Alien inmates or mentally ill persons

Chapter Title: TRIAL, JUDGMENT, SENTENCE
Section: 631.50

Text:

631.50 Alien inmates or mentally ill persons; requiring
notice to United States immigration officers.

    When a person who is convicted of a felony or is found to
be a person who is mentally ill is committed to the Minnesota
Correctional Facility-Stillwater, the Minnesota Correctional
Facility-St. Cloud, the county jail, or any other state or
county institution which is supported, wholly or in part, by
public funds, the chief executive officer, sheriff, or other
officer in charge of the state or county institution shall at
once inquire into the nationality of the person.  If it appears
that the person is an alien, the officer shall immediately
notify the United States immigration officer in charge of the
district in which the correctional facility, jail, or other
institution is located, of (1) the date of and the reasons for
the alien commitment, (2) the length of time for which
committed, (3) the country of which the alien is a citizen, and
(4) the date on which and the port at which the alien last
entered the United States.

    HIST: (9950-1) 1927 c 301 s 1; 1976 c 2 s 155; 1979 c 102 s
13; 1985 c 265 art 11 s 1; 2002 c 221 s 49

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