HF5110

Purpose

• Create a post-civil-commitment relief process to vacate a court order related to civil commitment if the order was issued in error or based on false or erroneous information, for orders issued on or after January 1, 2015.

Main Provisions

• Post-Commitment Relief (Section 253B.30)
  • a) An aggrieved party who is subject to a civil commitment order issued on or after January 1, 2015 may file a petition at any time to vacate that order if it was issued in error or relied on false or erroneous information.
  • The court must grant the petition and vacate the order if the petitioner proves by a preponderance of the evidence that the order was issued in error or relied on false or erroneous information.
• Appeals (Section 1.b)
  • An aggrieved party may appeal an order issued under this section in the same way as other civil cases, by filing an appeal at any time after the order is issued.

Signficant Changes to Existing Law

• Adds a new, time-flexible remedy to correct civil commitment orders by allowing a petition to vacate any order issued on or after January 1, 2015 if the order was based on error or false information.
• Establishes a low evidentiary standard (preponderance of the evidence) for vacating the order.
• Explicitly provides an appeal pathway for orders issued under this new relief mechanism, comparable to other civil appeals.
• Clarifies that the relief is tied to orders under this chapter and to those issued after January 1, 2015, rather than retroactively applying to pre-2015 orders.

Practical Impact

• Individuals subject to civil commitment may seek to have their orders reviewed and potentially vacated if there was an error or misinformation.
• The process is designed to be accessible by allowing petitions or appeals at any time after an order is issued, with a straightforward standard of proof.

Relevant terms - civil commitment - order - vacate the order - post civil commitment relief - aggrieved party - petition - preponderance of the evidence - order issued in error - false or erroneous information - appeal - Chapter 253B - Minnesota Statutes