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SF3617

Definition of chemically dependent person modification for the purposes of civil commitments
Legislative Session 94 (2025-2026)

Related bill: HF3558

AI Generated Summary

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

Bill text versions

Past committee meetings

Actions

DateChamberWhereTypeNameCommittee Name
February 17, 2026SenateActionIntroduction and first reading
February 17, 2026SenateActionReferred toHuman Services

Citations

 
[
  {
    "analysis": {
      "added": [
        "Pregnant woman who engages in habitual or excessive use during pregnancy as chemically dependent under civil commitments.",
        "Enumerated list of substances (opium, cocaine, heroin, phencyclidine, methamphetamine, amphetamine, tetrahydrocannabinol, alcohol) included in the definition."
      ],
      "removed": [],
      "summary": "This bill amends Minnesota Statutes 2024 section 253B.02, subdivision 2, to modify the definition of 'chemically dependent person' for civil commitments. The definition now includes 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, and whose conduct demonstrates a substantial likelihood of physical harm to self or others as shown by specific indicators. It also adds a definition for a pregnant woman who, during pregnancy, engaged in habitual or excessive use of certain substances; lists substances including opium, cocaine, heroin, phencyclidine, methamphetamine, amphetamine, tetrahydrocannabinol, or alcohol.",
      "modified": [
        "Replaces prior definition with a more detailed one, including incapacity for self-management; requires a showing of substantial likelihood of physical harm; adds indicators such as threatening harm, serious physical problems, or inability to obtain basic necessities."
      ]
    },
    "citation": "253B.02",
    "subdivision": "2"
  }
]

Progress through the legislative process

17%
In Committee

Sponsors

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