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HF3558 (Legislative Session 94 (2025-2026))

Definition of chemically dependent person modified for the purposes of civil commitments.

Related bill: SF3617

AI Generated Summary

Purpose

  • The bill changes the formal definition of “chemically dependent person” for civil commitments in Minnesota. It expands who can be considered chemically dependent by specifically adding pregnant women who use certain substances nonmedically during pregnancy.

Main provisions

  • Amends Minnesota Statutes 2024 section 253B.02 subdivision 2, to redefine “Chemically dependent person.”
  • A chemically dependent person is described as someone who is:
    • determined to be incapable of self-management or management of personal affairs because of habitual and excessive use of alcohol, drugs, or other mind-altering substances; and
    • whose recent conduct, due to that use, shows a substantial likelihood of physical harm to self or others, demonstrated by one or more of:
    • a recent attempt or threat to physically harm self or others,
    • evidence of recent serious physical problems, or
    • a failure to obtain necessary food, clothing, shelter, or medical care.
  • The definition now additionally includes a pregnant woman who, during pregnancy, has engaged in habitual or excessive nonmedical use of any listed substances or their derivatives, including:
    • opium
    • cocaine
    • heroin
    • phencyclidine (PCP)
    • methamphetamine
    • amphetamine
    • tetrahydrocannabinol (THC)
    • alcohol
    • or any of their derivatives

Key changes to existing law

  • Scope expansion: Pregnant women who use the listed substances nonmedically during pregnancy can be treated as chemically dependent under civil-commitment rules.
  • Substance list expansion: Explicitly names opium, cocaine, heroin, PCP, methamphetamine, amphetamine, THC, and alcohol (and derivatives) as part of the substances involved.
  • Clarifies the harm standard: Maintains the requirement that there be a substantial likelihood of physical harm to self or others, with examples of how that harm might be shown.

Impact and considerations

  • Purpose of expansion: Allow civil commitment processes to address substance use by pregnant women to protect the health and safety of the woman and, indirectly, the pregnancy.
  • Illicit/Nonmedical use focus: The nonmedical use language emphasizes nonmedical consumption during pregnancy.
  • Safety and rights considerations: Broadening the definition to include pregnant individuals may raise questions about civil liberties and how civil-commitment procedures are applied in prenatal contexts. The bill sticks to existing harm-based criteria but extends who may fall under civil-commitment eligibility.

Relevant Terms

  • chemically dependent person
  • civil commitment
  • Minnesota Statutes 2024 section 253B.02 subdivision 2
  • habitual and excessive use
  • alcohol
  • mind-altering substances
  • nonmedical use
  • pregnant woman
  • opium
  • cocaine
  • heroin
  • phencyclidine (PCP)
  • methamphetamine
  • amphetamine
  • tetrahydrocannabinol (THC)
  • substances or their derivatives
  • self-management
  • management of personal affairs
  • substantial likelihood of physical harm
  • recent attempt or threat to harm self or others
  • failure to obtain necessary food, clothing, shelter, or medical care

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
February 23, 2026HouseActionIntroduction and first reading, referred toHuman Services Finance and Policy

Citations

 
[
  {
    "analysis": {
      "added": [
        "The definition expands to include a pregnant woman meeting the criteria for chemical dependency and lists specific substances."
      ],
      "removed": [],
      "summary": "This bill amends Minnesota Statutes 2024 section 253B.02, subdivision 2, to redefine 'chemically dependent person' for civil commitments, including an expanded definition that covers a pregnant woman using specified substances.",
      "modified": [
        "The existing definition is revised to describe incapability of self-management and risk of harm, with criteria for recent conduct, and adds pregnancy-related provision and enumerated substances (opium, cocaine, heroin, phencyclidine, methamphetamine, amphetamine, tetrahydrocannabinol, or alcohol)."
      ]
    },
    "citation": "253B.02",
    "subdivision": "2"
  }
]

Progress through the legislative process

17%
In Committee

Sponsors

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