Hennepin County v. Levine, CO-83-207

Decision Date17 February 1984
Docket NumberNo. CO-83-207,CO-83-207
Citation345 N.W.2d 217
PartiesCOUNTY OF HENNEPIN, Respondent, v. Leonard LEVINE, etc., Petitioner, and Cora Sheppo, et al., Respondents.
CourtMinnesota Supreme Court

Syllabus by the Court

Department of Public Welfare pass program for patients committed as mentally ill and dangerous to the public is a method of treatment characterized as partial institutionalization under Minn.Stat. § 253B.15, subd. 11 (1982).

Hubert H. Humphrey, III, Atty. Gen., John L. Kirwin, Sp. Asst. Atty. Gen., St. Paul, for petitioner.

Thomas L. Johnson, Co. Atty., Peter J. Fransway, Asst. Co. Atty., Minneapolis, for respondent County of Hennepin.

Susan L. Lentz, Melvin B. Goldberg, Foundation for Legal Assistance, Research and Education, Inc., William Mitchell Law Clinic, St. Paul, for respondents Cora Sheppo, et al.

Heard, considered, and decided by the court en banc.

AMDAHL, Chief Justice.

In 1982, the Minnesota Legislature substantially revised and recodified the statute governing civil commitment. See Minnesota Commitment Act of 1982, ch. 581, §§ 1-26, 1982 Minn.Laws 1329-59 (repealing Minn.Stat. §§ 253A.01-.23 (1980)) (currently codified at Minn.Stat. §§ 253B.01-.23 (1982)). This case requires us to construe certain provisions of the Minnesota Civil Commitment Act of 1982 (hereinafter the Act) that relate to patients committed as mentally ill and dangerous (MID). More specifically, we must decide whether the Act prohibits the head of a treatment facility from utilizing passes 1 without prior approval of a special review board 2 in the treatment of patients committed as MID.

On December 30, 1982, respondent Hennepin County initiated this declaratory judgment action against Arthur Noot, 3 Commissioner of Public Welfare, alleging that he failed to comply with the procedures set forth in the Act governing the granting of passes to persons committed as mentally ill and dangerous.

On January 10, 1983, respondents Cora Sheppo, Michael Raines, Daniel Oas, and Michael Matson moved to intervene. In addition, Bruce Wollan, committed as MID and providing the impetus for Hennepin County's action, moved to intervene. On January 14, 1982, the Hennepin County District Court granted both motions to intervene. On the same day, the trial court denied the county's request for a temporary restraining order.

Because petitioner Levine's office was located in St. Paul, and the actions challenged took place in Ramsey County, petitioner requested a change of venue. The court issued an order transferring the file to Ramsey County. On January 18, 1983, respondents moved the Ramsey County District Court to return the case to Hennepin County. This motion was granted on January 20, 1983, returning the case to Hennepin County for trial.

On January 24 and 26, a motion for a temporary injunction and a trial on the merits were heard by the Hennepin County District Court. An order was filed on January 28, 1983, granting the relief requested by Hennepin County. The order precluded the issuance of a pass to any person committed as MID without the consent of the special review board. This order was stayed until February 14, 1983. We reverse.

The facts are not disputed. This case concerns the Department of Public Welfare's release for fixed periods of time of patients committed as MID. Specifically, Hennepin County objected to the issuance of passes to intervenor, Bruce Wollan, and alleged that Wollan presented a threat to the public safety of the citizens of Hennepin County.

Wollan's history is indeed checkered. In 1969, Wollan was committed to Anoka State Hospital as mentally ill. Shortly after commitment, Wollan was "absent without leave" for 1 day and was returned to Anoka State Hospital.

In March 1970, Wollan was provisionally discharged by the Anoka State Hospital to the care and custody of his parents. In less than 1 year, the Anoka Hospital staff was informed by Wollan's parents that he was not complying with the provisions of his discharge. The hospital revoked Wollan's provisional discharge and he returned to the hospital. A later provisional discharge was also revoked. The hospital staff considered Wollan dangerous and inclined to violence toward his mother. After direct discharge from Anoka State Hospital, Wollan attacked his sister with a meat cleaver. As a result of this incident, Wollan was convicted of aggravated assault and sentenced to St. Cloud Reformatory. Wollan was medically paroled to the Minnesota Security Hospital in June 1972. A regular parole followed in 1973 which was revoked in 1976. After another parole, Wollan bit the right ear of a guest at a friend's party. Wollan remained paroled.

On June 12, 1978, Wollan attacked his mother with a fireplace poker and stabbed her in the chest. Beatrice Wollan died as a consequence of her son's attack. Wollan was charged with first-degree murder in September 1981 and found not guilty by reason of insanity. Hospitalization was ordered and Wollan was committed to Minnesota Security Hospital as MID.

Hennepin County asserts that allowing individuals like Bruce Wollan to participate in the pass program creates a significant risk of harm to the public. The county also claims that the pass program violates the Act.

A brief overview of the purposes underlying the Act, and a more particular discussion concerning the pass program and special review board procedures, aids our resolution of the legal issue presented.

Involuntary civil commitment is one of the most extreme forms of intervention existing in our legal system. The process requires, necessarily, a significant deprivation of individual liberty. Laws providing for involuntary commitment are generally grounded on two notions: (1) the state's responsibility to protect society; and (2) the state's parental responsibility for the disabled. See Weissbourd, Involuntary Commitment: The Move Toward Dangerousness, 15 John Marshall L.Rev. 83, 85 (1982).

In contrast to the retribution-deterrence principle underlying the criminal justice system, civil commitment is grounded on a prediction-prevention model. Id. at 86. An equally compelling function of involuntary civil commitment is rehabilitation. Id. at 87. This case epitomizes the tension that exists between the state's role in protecting its citizens and the state's role in rehabilitating mentally ill individuals in its custody.

The Act emphasizes treatment of mentally ill individuals in the least restrictive manner. 4 See, e.g., Minn.Stat. §§ 253B.03, subd. 1, 253B.12, subd. 7 (1982). See also Janus & Wolfson, The Minnesota Commitment Act of 1982: Summary and Analysis, 6 Hamline L.Rev. 41, 75-77 (1983) (hereinafter Janus). The least restrictive alternative principle has three applications in the context of the Act. First, the actual commitment must be justified by a listing of the less restrictive alternatives available and the reasons for their rejection. Minn.Stat. § 253B.09, subd. 2 (1982). See also Janus, supra at 75. Second, "[o]nce it is determined that the criteria for commitment have been met, and that there is no alternative available less restrictive than involuntary commitment, the court must determine which treatment facility can meet the proposed patient's needs consistent with the statutory 'right to treatment' provisions, in the least restrictive manner." Janus, supra at 76. See also Chambers, Alternatives to Civil Commitment, 70 Mich.L.Rev. 1107 (1972). Third, the Act underscores the necessity of commitment by the least restrictive means. See Minn.Stat. § 253B.03, subd. 7 (1982); cf. Johnson v. Noot, 323 N.W.2d 724 (Minn.1982); Cairl v. State, 323 N.W.2d 20 (Minn.1982) (both Cairl and Johnson were decided under the previous civil commitment act, but both illustrate our view of treatment by the least restrictive means).

The Act balances the competing interests of public safety and the interests of individual patients. When an MID patient is committed, the Act mandates commitment to the Minnesota Security Hospital; transfer to any open facility (such as Anoka) requires special review board or court approval. See Minn.Stat. § 253B.18, subd. 6 (1982). Transfer decisions under the statute necessitate an evaluation of public safety considerations. See Minn.Stat. § 253B.18, subd. 6(v) (1982). Initial commitment as MID to an open facility also requires similar special review board or court approval. See Minn.Stat. § 253B.18, subd. 1 (1982).

Subsequent to commitment, the Act treats persons committed as MID separately and differently from those committed as mentally ill. 5 Compare Minn.Stat. §§ 253B.16-.17 (1982) with Minn.Stat. § 253B.18 (1982). See also Janus, supra, at 49. The distinction is sharpest with respect to release or discharge. Compare Minn.Stat. § 253B.17 (1982) with Minn.Stat. § 253B.18 (1982). Section 253B.17 governs release or discharge of "[a]ny patient, except one committed as mentally ill and dangerous to the public * * *." Id. (emphasis added). The discharge or provisional discharge of any patient committed as MID is controlled by Minn.Stat. § 253B.18 (1982). Further distinctions between patients committed as MID and other committed persons are found in Minn.Stat. § 253B.15 (1982). See also, infra, note 7 and accompanying text.

The central issue in the instant case is the granting of passes to patients committed as MID. As mentioned previously, passes vary in length and character; they range from an initial, on-grounds, escorted pass to a maximum of 10 days away from the hospital.

Whenever any unsupervised pass that is off grounds and for one night or longer is contemplated, a warning procedure is implemented. All interested persons, including the sheriff and the committing judge, are notified 2 weeks in advance of issuance of the pass. Notified parties also include family and parties who originally petitioned for commitment. Although Department of Public Welfare employees make the ultimate decision regarding the issuance of a...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT