Senate committee reviews amendment to SB 2113 to extend emergency psychiatric hold from four to five days

A Senate committee on SB 2113 heard testimony and discussed an amendment that would extend the maximum period for emergency psychiatric holds from four days to five days, exclusive of weekends and holidays.

The change was offered as amendment 05003, presented by Senator Mike Hogan, and described as technical corrections tied to involuntary commitment procedures. Senator Hogan said the amendment "has to do with the petitioning process" and that the amendment "changes the whole day from 4 days to 5 days, exclusive of weekends and holidays." He said the amendment originated with Senator Mathern and was prompted by concerns raised by the Cass County state's attorney about timing in detention and petitioning processes.

The Department of Health and Human Services did not take a position. "The department really doesn't have any position on it," said Jonathan Allmaternity of the Department of Health and Human Services, noting the department had discussed scheduling concerns with Derek Steiner, an assistant Cass County state's attorney. Sarah Barron, staff attorney with the State Court Administrator's office, told the committee, "We don't see any concerns with the changes. I don't think it will change much for how the court process works." She added it "might be helpful in some of those cases where there's a bit of a delay," but said "for the most part, the courts have it pretty worked out."

Senator Hogan said the extra day is important in areas where gathering the necessary evaluator, state's attorney and court schedule within four days had proven difficult. "You don't want to hold someone longer than they need to be, but they can be released if there is no evidence," he said, urging the committee to consider the additional day to reduce noncompliance in busy jurisdictions.

The amendment also would resurface several technical and structural changes in the bill, including converting references to the "human service center" to "certified behavioral health clinics," a change the presenter called a major historical shift. Committee discussion also noted that an appropriation in section 39 had been removed; a department representative said the governor's budget did not include the money but that the department "does have the ability to transfer funds within our bill and spend up to $2,000,000 in capital projects."

Committee members agreed more internal consultation was appropriate before final action. Chair Weston and other members suggested Representatives on the House side be consulted so "there aren't any surprises coming out of this committee for the policy committee on our side." No formal vote on the amendment was recorded during the hearing and members indicated they would revisit the item at a later meeting.

The committee closed the hearing on SB 2113 without taking final action on the amendment.