Civilly Committed Sex Offenders

Civilly Committed Sex Offenders

Relates generally to civilly committed sex offenders.

Provides that after a determination that a patient is a sexually dangerous person or sexual psychopathic personality, the court shall order commitment for an indeterminate period of time and the patient shall be transferred, provisionally discharged, or discharged, only as provided in this section.

Please remember that the interpretation and analysis presented here is not intended to be legal advice.  If you are seeking legal advice please contact us for a free consultation and actual examination the issues that your case may present.


Thank you,
Landon J. Ascheman, Esq.
(B) 612.217.0077 (C) 651.280.9533 (F) 651.344.0700
Contact Me LinkedinFacebookBlog RSSTwitterGoogleGoogleGoogle
P.S. Have an attorney in your phone? Add us now 612-217-0077 - While we hope you never need us, we're here if you do.

CHAPTER 300--S.F.No. 2713
An act
relating to human services; modifying provisions relating to civilly
committed sex offenders, sexually dangerous persons, and sexual psychopathic
personalities; amending provisions relating to judicial holds in commitment
cases;amending Minnesota Statutes 2008, sections 253B.05, subdivision 1;
253B.07, subdivision 2b; 253B.10, subdivision 5; 253B.15, subdivision 1;
253B.18, subdivisions 4a, 5a; 253B.185; 253B.19, subdivision 2; Minnesota
Statutes 2009 Supplement, sections 246B.01, subdivisions 1a, 1b, 2a, 2d;
246B.02; 246B.03, subdivisions 2, 3; 246B.04, subdivision 3; 246B.05,
subdivision 1; 246B.06, subdivisions 1, 6, 7, 8; 246B.07, subdivisions 1, 2;
246B.08; 246B.09; 246B.10; 253B.14.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. Minnesota Statutes 2009 Supplement, section 246B.01, subdivision 1a,
is amended to read:
Subd. 1a.Civilly committed sex offender."Civilly committed
sex offender"means a person who is admitted to the Minnesota sex offender program
under section253B.185for the purpose of assessment,
diagnosis, care, treatment, supervision, or other services provided by the Minnesota sex
offender program.

Sec. 2. Minnesota Statutes 2009 Supplement, section 246B.01, subdivision 1b, is
amended to read:
Subd. 1b.Civilly committed sex offender'scounty."Civilly
committed sex offender'scounty" means the county of thecivilly committed sex
offender'slegal settlement for poor relief purposes at the time of commitment. If the
civilly committed sex offenderhas no legal settlement for poor relief in this state,
it means the county of commitment, except that when acivilly committed sex
offenderwith no legal settlement for poor relief is committed while serving a sentence
at a penal institution, it means the county from which thecivilly committed sex
offenderwas sentenced.

Sec. 3. Minnesota Statutes 2009 Supplement, section 246B.01, subdivision 2a, is
amended to read:
Subd. 2a.Community preparation services.Community preparation services are
specialized residential services or programs operated or administered by the Minnesota sex
offender program outside of a secure treatment facility. Community preparation services
are designed to assistcivilly committed sex offendersin developing the appropriate
skills and resources necessary for an eventual successful reintegration into a community.
Acivilly committed sex offendermay be placed in community preparation services
only upon an order of the judicial appeal panel under section253B.19.

Sec. 4. Minnesota Statutes 2009 Supplement, section 246B.01, subdivision 2d, is
amended to read:
Subd. 2d.Local social services agency."Local social services agency" means the
local social services agency of thecivilly committed sex offender'scounty as
defined in subdivision 1b and of the county of commitment, and any other local social
services agency possessing information regarding, or requested by the commissioner to
investigate, the financial circumstances of acivilly committed sex offender.

Sec. 5. Minnesota Statutes 2009 Supplement, section 246B.02, is amended to read:
246B.02 ESTABLISHMENT OF MINNESOTA SEX OFFENDER PROGRAM.
The commissioner of human services shall establish and maintain the Minnesota
sex offender program. The program shall provide specialized sex offender assessment,
diagnosis, care, treatment, supervision, and other services tocivilly committed sex
offendersas defined in section246B.01, subdivision 1a. Services may include specialized
programs at secure treatment facilities as defined in section253B.02, subdivision 18a,
consultative services, aftercare services, community-based services and programs,
transition services, or other services consistent with the mission of the Department of
Human Services.

Sec. 6. Minnesota Statutes 2009 Supplement, section 246B.03, subdivision 2, is
amended to read:
Subd. 2.Minnesota sex offender program evaluation.(a) The commissioner shall
contract with national sex offender experts to evaluate the sex offender treatment program.
The consultant group shall consist of four national experts, including:
(1) three experts who are licensed psychologists, psychiatrists, clinical therapists,
or other mental health treatment providers with established and recognized training and
experience in the assessment and treatment of sexual offenders; and
(2) one nontreatment professional with relevant training and experience regarding
the oversight or licensing of sex offender treatment programs or other relevant mental
health treatment programs.
(b) These experts shall, in consultation with the executive clinical director of the
sex offender treatment program:
(1) review and identify relevant information and evidence-based best practices and
methodologies for effectively assessing, diagnosing, and treatingcivilly committed
sex offenders;
(2) on at least an annual basis, complete a site visit and comprehensive program
evaluation that may include a review of program policies and procedures to determine the
program's level of compliance, address specific areas of concern brought to the panel's
attention by the executive clinical director or executive director, offer recommendations,
and complete a written report of its findings to the executive director and clinical director;
and
(3) in addition to the annual site visit and review, provide advice, input, and
assistance as requested by the executive clinical director or executive director.
(c) The commissioner or commissioner's designee shall enter into contracts as
necessary to fulfill the responsibilities under this subdivision.

Sec. 7. Minnesota Statutes 2009 Supplement, section 246B.03, subdivision 3, is
amended to read:
Subd. 3.Civilly committed sex offendergrievance resolution process.
(a) The executive director shall establish a grievance policy and related procedures
that address and attempt to resolvecivilly committed sex offenderconcerns and
complaints. The grievance resolution process must include procedures for assessing
or investigating acivilly committed sex offender'sconcerns or complaints, for
attempting to resolve issues informally, and for appealing for a review and determination
by the executive director or designee.
(b) Anycivilly committed sex offenderwho believes a right that is applicable
toan individualunder section144.651has been violated may file a grievance
under paragraph (a) and attempt to resolve the issue internally, or by a complaint with
the Minnesota Department of Health, Office of Health Facility Complaints, or both.
Complaints filed with the Office of Health Facility Complaints under this paragraph must
be processed according to section144.652.

Sec. 8. Minnesota Statutes 2009 Supplement, section 246B.04, subdivision 3, is
amended to read:
Subd. 3.Access to data.The Minnesota sex offender program shall have access
to private data contained in the statewide supervision system under section241.065, as
necessary for the administration and management of current
civilly committed sex offendersfor the purposes of admissions, treatment, security,
and supervision. The program shall develop a policy to allow individuals who conduct
assessment, develop treatment plans, oversee security, or develop reintegration plans to
have access to the data. The commissioner of corrections shall conduct periodic audits to
determine whether the policy is being followed.

Sec. 9. Minnesota Statutes 2009 Supplement, section 246B.05, subdivision 1, is
amended to read:
Subdivision 1.Vocational work program option.The commissioner of human
services shall develop a vocational work program for persons admitted to the Minnesota
sex offender program. Thevocationalwork program is an extension of
therapeutic treatment in order forcivilly committed sex offendersto learn valuable
work skills and work habits while contributing to their cost of care. The vocational work
program may include work maintaining the center or work that is brought to the center
by an outside source. The earnings generated from the vocational work program must be
deposited into the account created in subdivision 2.

Sec. 10. Minnesota Statutes 2009 Supplement, section 246B.06, subdivision 1, is
amended to read:
Subdivision 1.Establishment; purpose.(a) The commissioner of human services
may establish, equip, maintain, and operate a vocational work program at any Minnesota
sex offender program facility under this chapter. The commissioner may establish
vocational activities for sex offender treatmentfor civilly committed sex offenders
as the commissioner deems necessary and suitable to the meaningful work skills training,
educational training, and development of proper work habits and extended treatment
services forcivilly committed sex offendersconsistent with the requirements in
section246B.05. The industrial and commercial activities authorized by this section are
designated Minnesota State Industries and must be for the primary purpose of sustaining
and ensuring Minnesota State Industries' self-sufficiency, providing educational training,
meaningful employment, and the teaching of proper work habits to the
individuals inthe Minnesota sex offender program under this chapter, and not solely as
competitive business ventures.
(b) The net profits from the vocational work program must be used for the
benefit of thecivilly committed sex offendersas it relates to building education
and self-sufficiency skills. Prior to the establishment of any vocational activity, the
commissioner of human services shall consult with stakeholders including representatives
of business, industry, organized labor, the commissioner of education, the state
Apprenticeship Council, the commissioner of labor and industry, the commissioner
of employment and economic development, the commissioner of administration, and
other stakeholders the commissioner deems qualified. The purpose of the stakeholder
consultation is to determine the quantity and nature of the goods, wares, merchandise,
and services to be made or provided, and the types of processes to be used in their
manufacture, processing, repair, and production consistent with the greatest opportunity
for the reform and educational training of thecivilly committed sex offenders, and
with the best interests of the state, business, industry, and labor.
(c) The commissioner of human services shall, at all times in the conduct of any
vocational activity authorized by this section, utilizecivilly committed sex offender
labor to the greatest extent feasible, provided that the commissioner may employ all
administrative, supervisory, and other skilled workers necessary to the proper instruction
of thecivilly committed sex offendersand the efficient operation of the vocational
activities authorized by this section.
(d) The commissioner of human services may authorize the director of any
Minnesota sex offender treatment facility under the commissioner's control to accept
work projects from outside sources for processing, fabrication, or repair, provided that
preference is given to the performance of work projects for state departments and agencies.

Sec. 11. Minnesota Statutes 2009 Supplement, section 246B.06, subdivision 6, is
amended to read:
Subd. 6.Wages.Notwithstanding section177.24or any other law to the contrary,
the commissioner of human services has the discretion to set the pay rate for
individualsparticipating in the vocational work program. The commissioner has the
authority to retain up to 50 percent of any payments made toan individual
participating in the vocational work program for the purpose of reducing state costs
associated with operating the Minnesota sex offender program.

Sec. 12. Minnesota Statutes 2009 Supplement, section 246B.06, subdivision 7, is
amended to read:
Subd. 7.Status ofcivilly committed sex offenders.Civilly
committed sex offendersparticipating in the vocational work program are not employees
of the Minnesota sex offender program, the Department of Human Services, or the state,
and are not subject to fair labor standards under sections177.21to177.35; workers
compensation under sections176.011to176.862; the Minnesota Human Rights Act under
sections363A.001to363A.41; laws governing state employees under chapter 43A; labor
relations under chapter 179A; or the successors to any of these sections and any other laws
pertaining to employees and employment.

Sec. 13. Minnesota Statutes 2009 Supplement, section 246B.06, subdivision 8, is
amended to read:
Subd. 8.Claims.Claims and demands arising out of injury to or death of a
civilly committed sex offenderwhile thatindividualis participating in the vocational
work program or performing a work assignment maintaining the facility must be presented
to, heard, and determined exclusively by the legislature as provided in section3.738.

Sec. 14. Minnesota Statutes 2009 Supplement, section 246B.07, subdivision 1, is
amended to read:
Subdivision 1.Procedures.The commissioner shall determine or redetermine,
if necessary, what amount of the cost of care, if any, thecivilly committed sex
offenderis able to pay. Thecivilly committed sex offendershall provide to the
commissioner documents and proof necessary to determine the ability to pay. Failure to
provide the commissioner with sufficient information to determine ability to pay may
make thecivilly committed sex offenderliable for the full cost of care until the time
when sufficient information is provided.

Sec. 15. Minnesota Statutes 2009 Supplement, section 246B.07, subdivision 2, is
amended to read:
Subd. 2.Rules.The commissioner shall use the standards in section246.51,
subdivision 2, to determine thecivilly committed sex offender'sliability for the
care provided by the Minnesota sex offender program.

Sec. 16. Minnesota Statutes 2009 Supplement, section 246B.08, is amended to read:
246B.08 PAYMENT FOR CARE; ORDER; ACTION.
The commissioner shall issue an order to thecivilly committed sex offenderor
the guardian of the estate, if there is one, requiring thecivilly committed sex offender
or guardian to pay to the state the amounts determined, the total of which must not exceed
the full cost of care. The order must specifically state the commissioner's determination
and must be conclusive, unless appealed. If acivilly committed sex offenderfails to
pay the amount due, the attorney general, upon request of the commissioner, may institute,
or direct the appropriate county attorney to institute, a civil action to recover the amount.

Sec. 17. Minnesota Statutes 2009 Supplement, section 246B.09, is amended to read:
246B.09 CLAIM AGAINST ESTATE OF DECEASEDCIVILLY
COMMITTED SEX OFFENDER.
Subdivision 1.Estateof a civilly committed sex offender.Upon the
death of acivilly committed sex offender, or a formercivilly committed sex
offender, the total cost of care provided to theindividual, less the amount actually
paid toward the cost of care by thecivilly committed sex offender, must be filed by
the commissioner as a claim against the estate of thecivilly committed sex offender
with the court having jurisdiction to probate the estate, and all proceeds collected by the
state in the case must be divided between the state and county in proportion to the cost
of care each has borne.
Subd. 2.Preferred status.An estate claim in subdivision 1 must be considered an
expense of the last illness for purposes of section524.3-805.
If the commissioner determines that the property or estate of acivilly
committed sex offenderis not more than needed to care for and maintain the spouse and
minor or dependent children of a deceasedcivilly committed sex offender, the
commissioner has the power to compromise the claim of the state in a manner deemed
just and proper.
Subd. 3.Exception from statute of limitations.Any statute of limitations that
limits the commissioner in recovering the cost of care obligation incurred by a
civilly committed sex offenderor formercivilly committed sex offendermust not
apply to any claim against an estate made under this section to recover cost of care.

Sec. 18. Minnesota Statutes 2009 Supplement, section 246B.10, is amended to read:
246B.10 LIABILITY OF COUNTY; REIMBURSEMENT.
Thecivilly committed sex offender'scounty shall pay to the state a portion
of the cost of care provided in the Minnesota sex offender program to acivilly
committed sex offenderwho has legally settled in that county. A county's payment must
be made from the county's own sources of revenue and payments must equal ten percent of
the cost of care, as determined by the commissioner, for each day or portion of a day, that
thecivilly committed sex offenderspends at the facility. If payments received by
the state under this chapter exceed 90 percent of the cost of care, the county is responsible
for paying the state the remaining amount. The county is not entitled to reimbursement
from thecivilly committed sex offender, thecivilly committed sex offender's
estate, or from thecivilly committed sex offender'srelatives, except as provided
in section246B.07.

Sec. 19. Minnesota Statutes 2008, section 253B.05, subdivision 1, is amended to read:
Subdivision 1.Emergency hold.(a) Any person may be admitted or held for
emergency care and treatment in a treatment facility, except to a facility operated by the
Minnesota sex offender program,with the consent of the head of the treatment facility
upon a written statement by an examiner that:
(1) the examiner has examined the person not more than 15 days prior to admission;
(2) the examiner is of the opinion, for stated reasons, that the person is mentally ill,
developmentally disabled, or chemically dependent, and is in danger of causing injury to
self or others if not immediately detained; and
(3) an order of the court cannot be obtained in time to prevent the anticipated injury.
(b) If the proposed patient has been brought to the treatment facility by another
person, the examiner shall make a good faith effort to obtain a statement of information
that is available from that person, which must be taken into consideration in deciding
whether to place the proposed patient on an emergency hold. The statement of information
must include, to the extent available, direct observations of the proposed patient's
behaviors, reliable knowledge of recent and past behavior, and information regarding
psychiatric history, past treatment, and current mental health providers. The examiner
shall also inquire into the existence of health care directives under chapter 145, and
advance psychiatric directives under section253B.03, subdivision 6d.
(c) The examiner's statement shall be: (1) sufficient authority for a peace or health
officer to transport a patient to a treatment facility, (2) stated in behavioral terms and not in
conclusory language, and (3) of sufficient specificity to provide an adequate record for
review. If danger to specific individuals is a basis for the emergency hold, the statement
must identify those individuals, to the extent practicable. A copy of the examiner's
statement shall be personally served on the person immediately upon admission and a
copy shall be maintained by the treatment facility.

Sec. 20. Minnesota Statutes 2008, section 253B.07, subdivision 2b, is amended to read:
Subd. 2b.Apprehend and hold orders.The court may order the treatment facility
to hold the person in a treatment facility or direct a health officer, peace officer, or other
person to take the proposed patient into custody and transport the proposed patient to a
treatment facility for observation, evaluation, diagnosis, care, treatment, and, if necessary,
confinement, when:
(1) there has been a particularized showing by the petitioner that serious physical
harm to the proposed patient or others is likely unless the proposed patient is immediately
apprehended;
(2) the proposed patient has not voluntarily appeared for the examination or the
commitment hearing pursuant to the summons; or
(3) a person is held pursuant to section253B.05and a request for a petition for
commitment has been filed.
The order of the court may be executed on any day and at any time by the use of all
necessary means including the imposition of necessary restraint upon the proposed patient.
Where possible, a peace officer taking the proposed patient into custody pursuant to this
subdivision shall not be in uniform and shall not use a motor vehicle visibly marked as
a police vehicle.Except as provided in section 253B.045, subdivision 1a, in the case of
an individual on a judicial hold due to a petition for civil commitment under section
253B.185, assignment of custody during the hold is to the commissioner of human
services. The commissioner is responsible for determining the appropriate placement
within a secure treatment facility under the authority of the commissioner.

Sec. 21. Minnesota Statutes 2008, section 253B.10, subdivision 5, is amended to read:
Subd. 5.Transfer to voluntary status.At any time prior to the expiration of the
initial commitment period, a patient who has not been committed as mentally ill and
dangerous to the publicor as a sexually dangerous person or as a sexual psychopathic
personalitymay be transferred to voluntary status upon the patient's application in writing
with the consent of the head of the facility. Upon transfer, the head of the treatment facility
shall immediately notify the court in writing and the court shall terminate the proceedings.

Sec. 22. Minnesota Statutes 2009 Supplement, section 253B.14, is amended to read:
253B.14 TRANSFER OF COMMITTED PERSONS.
The commissioner may transfer any committed person, other than a person
committed as mentally ill and dangerous to the public, or as a sexually dangerous person
or as a sexual psychopathic personality, from one regional treatment center to any other
treatment facility under the commissioner's jurisdiction which is capable of providing
proper care and treatment. When a committed person is transferred from one treatment
facility to another, written notice shall be given to the committing court, the county
attorney, the patient's counsel, and to the person's parent, health care agent, or spouse or, if
none is known, to an interested person, and the designated agency.

Sec. 23. Minnesota Statutes 2008, section 253B.15, subdivision 1, is amended to read:
Subdivision 1.Provisional discharge.The head of the treatment facility may
provisionally discharge any patient without discharging the commitment, unless the patient
was found by the committing court to be a person who is mentally ill and dangerous to the
public, or a sexually dangerous person or a sexual psychopathic personality.
Each patient released on provisional discharge shall have a written aftercare plan
developed which specifies the services and treatment to be provided as part of the
aftercare plan, the financial resources available to pay for the services specified, the
expected period of provisional discharge, the precise goals for the granting of a final
discharge, and conditions or restrictions on the patient during the period of the provisional
discharge. The aftercare plan shall be provided to the patient, the patient's attorney, and
the designated agency.
The aftercare plan shall be reviewed on a quarterly basis by the patient, designated
agency and other appropriate persons. The aftercare plan shall contain the grounds upon
which a provisional discharge may be revoked. The provisional discharge shall terminate
on the date specified in the plan unless specific action is taken to revoke or extend it.

Sec. 24. Minnesota Statutes 2008, section 253B.18, subdivision 4a, is amended to read:
Subd. 4a.Release on pass; notification.A patient who has been committed as
a person who is mentally ill and dangerous and who is confined at a secure treatment
facility or has been transferred out of a state-operated services facility according to section
253B.18, subdivision 6, shall not be released on a pass unless the pass is part of a pass
plan that has been approved by the medical director of the secure treatment facility. The
pass plan must have a specific therapeutic purpose consistent with the treatment plan,
must be established for a specific period of time, and must have specific levels of liberty
delineated. The county case manager must be invited to participate in the development of
the pass plan. At least ten days prior to a determination on the plan, the medical director
shall notify the designated agency, the committing court, the county attorney of the county
of commitment, an interested person, the local law enforcement agency where the facility
is located, thecounty attorney and thelocal law enforcement agency in the location where
the pass is to occur, the petitioner, and the petitioner's counsel of the plan, the nature of the
passes proposed, and their right to object to the plan. If any notified person objects prior
to the proposed date of implementation, the person shall have an opportunity to appear,
personally or in writing, before the medical director, within ten days of the objection, to
present grounds for opposing the plan. The pass plan shall not be implemented until the
objecting person has been furnished that opportunity. Nothing in this subdivision shall be
construed to give a patient an affirmative right to a pass plan.

Sec. 25. Minnesota Statutes 2008, section 253B.18, subdivision 5a, is amended to read:
Subd. 5a.Victim notification of petition and release; right to submit statement.
(a) As used in this subdivision:
(1) "crime" has the meaning given to "violent crime" in section609.1095, and
includes criminal sexual conduct in the fifth degree and offenses within the definition of
"crime against the person" in section253B.02, subdivision 4a, and also includes offenses
listed in section253B.02, subdivision 7a, paragraph (b), regardless of whether they are
sexually motivated;
(2) "victim" means a person who has incurred loss or harm as a result of a crime
the behavior for which forms the basis for a commitment under this section or section
253B.185; and
(3) "convicted" and "conviction" have the meanings given in section609.02,
subdivision 5, and also include juvenile court adjudications, findings under Minnesota
Rules of Criminal Procedure, rule20.02, that the elements of a crime have been proved,
and findings in commitment cases under this section or section253B.185that an act or
acts constituting a crime occurred.
(b) A county attorney who files a petition to commit a person under this section
or section253B.185shall make a reasonable effort to provide prompt notice of filing
the petition to any victim of a crime for which the person was convicted. In addition,
the county attorney shall make a reasonable effort to promptly notify the victim of the
resolution of the petition.
(c) Before provisionally discharging, discharging, granting pass-eligible status,
approving a pass plan, or otherwise permanently or temporarily releasing a person
committed under this sectionfrom a treatment facility, the head of the
treatment facility shall make a reasonable effort to notify any victim of a crime for which
the person was convicted that the person may be discharged or released and that the victim
has a right to submit a written statement regarding decisions of the medical director,
special review board, or commissioner with respect to the person. To the extent possible,
the notice must be provided at least 14 days before any special review board hearing or
before a determination on a pass plan. Notwithstanding section611A.06, subdivision 4,
the commissioner shall provide the judicial appeal panel with victim information in order
to comply with the provisions of this section. The judicial appeal panel shall ensure that
the data on victims remains private as provided for in section611A.06, subdivision 4.
(d) This subdivision applies only to victims who have requested notification by
contacting, in writing, the county attorney in the county where the conviction for the crime
occurred. A county attorney who receives a request for notification under this paragraph
shall promptly forward the request to the commissioner of human services.
(e) The rights under this subdivision are in addition to rights available to a victim
under chapter 611A. This provision does not give a victim all the rights of a "notified
person" or a person "entitled to statutory notice" under subdivision 4a, 4b, or 5or section
253B.185, subdivision 10.

Sec. 26. Minnesota Statutes 2008, section 253B.185, is amended to read:
253B.185 SEXUAL PSYCHOPATHIC PERSONALITY; SEXUALLY
DANGEROUS.
Subdivision 1.Commitment generally.(a)Except as otherwise provided in this
section, the provisions of this chapter pertaining to persons who are mentally ill and
dangerous to the public apply with like force and effect to persons who are alleged or
found to be sexually dangerous persons or persons with a sexual psychopathic personality.
For purposes of this section, "sexual psychopathic personality" includes any individual
committed as a "psychopathic personality" under Minnesota Statutes 1992, section 526.10.
(b)Before commitment proceedings are instituted, the facts shall first be submitted
to the county attorney, who, if satisfied that good cause exists, will prepare the petition.
The county attorney may request a prepetition screening report. The petition is to be
executed by a person having knowledge of the facts and filed with the committing court
of the county in which the patient has a settlement or is present. If the patient is in the
custody of the commissioner of corrections, the petition may be filed in the county where
the conviction for which the person is incarcerated was entered.
(c)Upon the filing of a petition alleging that a proposed patient is a sexually
dangerous person or is a person with a sexual psychopathic personality, the court shall
hear the petition as provided in section253B.18.
(d)In commitments under this section, the court shall commit the patient to a secure
treatment facility unless the patient establishes by clear and convincing evidence that a
less restrictive treatment program is available that is consistent with the patient's treatment
needs and the requirements of public safety.
(e) After a determination that a patient is a sexually dangerous person or sexual
psychopathic personality, the court shall order commitment for an indeterminate period of
time and the patient shall be transferred, provisionally discharged, or discharged, only as
provided in this section.
Subd. 1a.Temporary confinement.During any hearing held under this section, or
pending emergency revocation of a provisional discharge, the court may order the patient
or proposed patient temporarily confined in a jail or lockup but only if:
(1) there is no other feasible place of confinement for the patient within a reasonable
distance;
(2) the confinement is for less than 24 hours or, if during a hearing, less than 24
hours prior to commencement and after conclusion of the hearing; and
(3) there are protections in place, including segregation of the patient, to ensure
the safety of the patient.
Subd. 1b.County attorney access to data.Notwithstanding sections144.291
to 144.298;245.467, subdivision 6;245.4876, subdivision 7;260B.171;260B.235,
subdivision 8;260C.171; and609.749, subdivision 6, or any provision of chapter 13
or other state law, prior to filing a petition for commitment as a sexual psychopathic
personality or as a sexually dangerous person, and upon notice to the proposed patient,
the county attorney or the county attorney's designee may move the court for an order
granting access to any records or data, to the extent it relates to the proposed patient, for
the purpose of determining whether good cause exists to file a petition and, if a petition
is filed, to support the allegations set forth in the petition.
The court may grant the motion if: (1) the Department of Corrections refers the case
for commitment as a sexual psychopathic personality or a sexually dangerous person; or
(2) upon a showing that the requested category of data or records may be relevant to
the determination by the county attorney or designee. The court shall decide a motion
under this subdivision within 48 hours after a hearing on the motion. Notice to the
proposed patient need not be given upon a showing that such notice may result in harm or
harassment of interested persons or potential witnesses.
Notwithstanding any provision of chapter 13 or other state law, a county attorney
considering the civil commitment of a person under this section may obtain records and
data from the Department of Corrections or any probation or parole agency in this state
upon request, without a court order, for the purpose of determining whether good cause
exists to file a petition and, if a petition is filed, to support the allegations set forth in the
petition. At the time of the request for the records, the county attorney shall provide notice
of the request to the person who is the subject of the records.
Data collected pursuant to this subdivision shall retain their original status and, if not
public, are inadmissible in any court proceeding unrelated to civil commitment, unless
otherwise permitted.
Subd. 2.Transfer to correctional facility.(a) If a person has been committed
under this section and later is committed to the custody of the commissioner of corrections
for any reason, including but not limited to, being sentenced for a crime or revocation of
the person's supervised release or conditional release under section244.05; 609.3455,
subdivision 6, 7, or 8; Minnesota Statutes 2004, section 609.108, subdivision 6; or
Minnesota Statutes 2004, section 609.109, subdivision 7, the person shall be transferred to
a facility designated by the commissioner of corrections without regard to the procedures
provided insubdivision 11.
(b) If a person is committed under this section after a commitment to the
commissioner of corrections, the person shall first serve the sentence in a facility
designated by the commissioner of corrections. After the person has served the sentence,
the person shall be transferred to a treatment program designated by the commissioner
of human services.
Subd. 3.Not to constitute defense.The existence in any person of a condition of a
sexual psychopathic personality or the fact that a person is a sexually dangerous person
shall not in any case constitute a defense to a charge of crime, nor relieve such person
from liability to be tried upon a criminal charge.
Subd. 4.Statewide judicial panel; commitment proceedings.(a) The Supreme
Court may establish a panel of district judges with statewide authority to preside over
commitment proceedings of sexual psychopathic personalities and sexually dangerous
persons. Only one judge of the panel is required to preside over a particular commitment
proceeding. Panel members shall serve for one-year terms. One of the judges shall be
designated as the chief judge of the panel, and is vested with the power to designate the
presiding judge in a particular case, to set the proper venue for the proceedings, and to
otherwise supervise and direct the operation of the panel. The chief judge shall designate
one of the other judges to act as chief judge whenever the chief judge is unable to act.
(b) If the Supreme Court creates the judicial panel authorized by this section, all
petitions for civil commitment brought under subdivision 1 shall be filed with the supreme
court instead of with the district court in the county where the proposed patient is present,
notwithstanding any provision of subdivision 1 to the contrary. Otherwise, all of the
other applicable procedures contained in this chapter apply to commitment proceedings
conducted by a judge on the panel.
Subd. 5.Financial responsibility.(a) For purposes of this subdivision, "state
facility" has the meaning given in section246.50and also includes a Department of
Corrections facility when the proposed patient is confined in such a facility pursuant to
section253B.045, subdivision 1a.
(b) Notwithstanding sections246.54,253B.045, and any other law to the contrary,
when a petition is filed for commitment under this section pursuant to the notice required
in section244.05, subdivision 7, the state and county are each responsible for 50 percent of
the cost of the person's confinement at a state facility or county jail, prior to commitment.
(c) The county shall submit an invoice to the state court administrator for
reimbursement of the state's share of the cost of confinement.
(d) Notwithstanding paragraph (b), the state's responsibility for reimbursement is
limited to the amount appropriated for this purpose.




Subd. 7.Rights of patients committed under this section.(a) The commissioner
or the commissioner's designee may limit the statutory rights described in paragraph (b)
for patients committed to the Minnesota sex offender program under this section or with
the commissioner's consent under section246B.02. The statutory rights described in
paragraph (b) may be limited only as necessary to maintain a therapeutic environment
or the security of the facility or to protect the safety and well-being of patients, staff,
and the public.
(b) The statutory rights that may be limited in accordance with paragraph (a) are
those set forth in section144.651, subdivision 19, personal privacy; section144.651,
subdivision 21, private communications; section144.651, subdivision 22, retain and use
of personal property; section144.651, subdivision 25, manage personal financial affairs;
section144.651, subdivision 26, meet with visitors and participate in groups; section
253B.03, subdivision 2, correspond with others; and section253B.03, subdivision 3,
receive visitors and make telephone calls. Other statutory rights enumerated by sections
144.651and253B.03, or any other law, may be limited as provided in those sections.
Subd. 8.Petition and report required.(a) Within 120 days of receipt of a
preliminary determination from a court under section609.1351, or a referral from the
commissioner of corrections pursuant to section244.05, subdivision 7, a county attorney
shall determine whether good cause under this section exists to file a petition, and if good
cause exists, the county attorney or designee shall file the petition with the court.
(b) Failure to meet the requirements of paragraph (a) does not bar filing a petition
under subdivision 1 any time the county attorney determines pursuant to subdivision 1
that good cause for such a petition exists.




Subd. 9.Petition for reduction in custody.(a) This subdivision applies only
to committed persons as defined in paragraph (b). The procedures in
subdivision 10for victim notification and right to submit a statement
apply to petitions filed and reductions in custody recommended
under this subdivision.
(b) As used in this subdivision:
(1) "committed person" means an individual committed under this section, or under
this section and under section253B.18, as mentally ill and dangerous. It does not include
persons committed only as mentally ill and dangerous under section253B.18; and
(2) "reduction in custody" means transfer out of a secure treatment facility, a
provisional discharge, or a discharge from commitment. A reduction in custody is
considered to be a commitment proceeding under section8.01.
(c) A petition for a reduction in custody or an appeal of a revocation of provisional
discharge may be filed by either the committed person or by the head of the treatment
facility and must be filed with and considered bya panel ofthe special review board
authorized under section253B.18, subdivision 4c. A committed person may not petition
the special review board any sooner than six months following either:
(1) the entry of judgment in the district court of the order for commitment issued
under section253B.18, subdivision 3, or upon the exhaustion of all related appeal rights
in state court relating to that order, whichever is later; or
(2) any recommendation of the special review board or order of the judicial appeal
panel, or upon the exhaustion of all appeal rights in state court, whichever is later. The
head of the treatment facilitymay petition at any time. The special
review board proceedings are not contested cases as defined in chapter 14.
(d) The special review board shall hold a hearing on each petition before issuing a
recommendation under paragraph (f). Fourteen days before the hearing, the committing
court, the county attorney of the county of commitment, the designated agency, an
interested person, the petitioner and the petitioner's counsel, and the committed person
and the committed person's counsel must be given written notice by the commissioner of
the time and place of the hearing before the special review board. Only those entitled to
statutory notice of the hearing or those administratively required to attend may be present
at the hearing. The patient may designate interested persons to receive notice by providing
the names and addresses to the commissioner at least 21 days before the hearing.
(e) A person or agency receiving notice that submits documentary evidence to the
special review board before the hearing must also provide copies to the committed person,
the committed person's counsel, the county attorney of the county of commitment, the case
manager, and the commissioner. The special review board must consider any statements
received from victims undersubdivision 10.
(f) Within 30 days of the hearing, the special review board shall issue written
findings of fact and shall recommend denial or approval of the petition to the judicial
appeal panel established under section253B.19. The commissioner shall forward the
recommendation of the special review board to the judicial appeal panel and to every
person entitled to statutory notice. No reduction in custody or reversal of a revocation
of provisional discharge recommended by the special review board is effective until it
has been reviewed by the judicial appeal panel and until 15 days after an order from the
judicial appeal panel affirming, modifying, or denying the recommendation.
Subd. 10.Victim notification of petition and release; right to submit statement.
(a) As used in this subdivision:
(1) "crime" has the meaning given to "violent crime" in section609.1095, and
includes criminal sexual conduct in the fifth degree and offenses within the definition of
"crime against the person" in section253B.02, subdivision 4a, and also includes offenses
listed in section253B.02, subdivision 7a, paragraph (b), regardless of whether they are
sexually motivated;
(2) "victim" means a person who has incurred loss or harm as a result of a crime,
the behavior for which forms the basis for a commitment under this section or section
253B.18;and
(3) "convicted" and "conviction" have the meanings given in section609.02,
subdivision 5, and also include juvenile court adjudications, findings under Minnesota
Rules of Criminal Procedure, rule 20.02, that the elements of a crime have been proved,
and findings in commitment cases under this section or section 253B.18, that an act or
acts constituting a crime occurred.
(b) A county attorney who files a petition to commit a person under this section shall
make a reasonable effort to provide prompt notice of filing the petition to any victim of a
crime for which the person was convicted. In addition, the county attorney shall make a
reasonable effort to promptly notify the victim of the resolution of the petition.
(c) Before provisionally discharging, discharging, granting pass-eligible status,
approving a pass plan, or otherwise permanently or temporarily releasing a person
committed under this section from a treatment facility, the head of the treatment facility
shall make a reasonable effort to notify any victim of a crime for which the person was
convicted that the person may be discharged or released and that the victim has a right
to submit a written statement regarding decisions of the head of the treatment facility or
designee, or special review board, with respect to the person. To the extent possible, the
notice must be provided at least 14 days before any special review board hearing or before
a determination on a pass plan. Notwithstanding section611A.06, subdivision 4, the
commissioner shall provide the judicial appeal panel with victim information in order to
comply with the provisions of this section. The judicial appeal panel shall ensure that the
data on victims remains private as provided for in section611A.06, subdivision 4.
(d) This subdivision applies only to victims who have requested notification by
contacting, in writing, the county attorney in the county where the conviction for the crime
occurred or where the civil commitment was filed or, following commitment, the head of
the treatment facility. A county attorney who receives a request for notification under this
paragraph shall promptly forward the request to the commissioner of human services.
(e) Rights under this subdivision are in addition to rights available to a victim under
chapter 611A. This provision does not give a victim all the rights of a "notified person"
or a person "entitled to statutory notice" under subdivision 12 or 13 or section253B.18,
subdivision 4a, 4b, or 5.
Subd. 11.Transfer.(a) A patient who is committed as a sexually dangerous person
or sexual psychopathic personality shall not be transferred out of a secure treatment
facility unless it appears to the satisfaction of the judicial appeal panel, after a hearing and
recommendation by a majority of the special review board, that the transfer is appropriate.
Transfer may be to other treatment programs under the commissioner's control.
(b) The following factors must be considered in determining whether a transfer
is appropriate:
(1) the person's clinical progress and present treatment needs;
(2) the need for security to accomplish continuing treatment;
(3) the need for continued institutionalization;
(4) which facility can best meet the person's needs; and
(5) whether transfer can be accomplished with a reasonable degree of safety for
the public.
Subd. 12.Provisional discharge.A patient who is committed as a sexual
psychopathic personality or sexually dangerous person shall not be provisionally
discharged unless it appears to the satisfaction of the judicial appeal panel, after a hearing
and a recommendation by a majority of the special review board, that the patient is capable
of making an acceptable adjustment to open society.
The following factors are to be considered in determining whether a provisional
discharge shall be recommended:
(1) whether the patient's course of treatment and present mental status indicate
there is no longer a need for treatment and supervision in the patient's current treatment
setting; and
(2) whether the conditions of the provisional discharge plan will provide a reasonable
degree of protection to the public and will enable the patient to adjust successfully to
the community.
Subd. 13.Provisional discharge plan.A provisional discharge plan shall be
developed, implemented, and monitored by the head of the treatment facility or designee
in conjunction with the patient and other appropriate persons. The head of the treatment
facility or designee shall, at least quarterly, review the plan with the patient and submit a
written report to the designated agency concerning the patient's status and compliance
with each term of the plan.
Subd. 14.Provisional discharge; review.A provisional discharge pursuant to this
section shall not automatically terminate. A full discharge shall occur only as provided in
subdivision 18. The commissioner shall notify the patient that the terms of a provisional
discharge continue unless the patient requests and is granted a change in the conditions
of provisional discharge or unless the patient petitions the special review board for a full
discharge and the discharge is granted by the judicial appeal panel.
Subd. 15.Provisional discharge; revocation.(a) The head of the treatment facility
may revoke a provisional discharge if either of the following grounds exist:
(1) the patient has departed from the conditions of the provisional discharge plan; or
(2) the patient is exhibiting behavior which may be dangerous to self or others.
(b) The head of the treatment facility may revoke the provisional discharge and,
either orally or in writing, order that the patient be immediately returned to the treatment
facility. A report documenting reasons for revocation shall be issued by the head of the
treatment facility within seven days after the patient is returned to the treatment facility.
Advance notice to the patient of the revocation is not required.
(c) The patient must be provided a copy of the revocation report and informed, orally
and in writing, of the rights of a patient under this section. The revocation report shall be
served upon the patient, the patient's counsel, and the designated agency. The report shall
outline the specific reasons for the revocation, including but not limited to the specific
facts upon which the revocation recommendation is based.
(d) An individual who is revoked from provisional discharge must successfully
re-petition the special review board and judicial appeal panel prior to being placed back
on provisional discharge.
Subd. 16.Return of absent patient.If the patient is absent without authorization,
the head of the treatment facility or designee may request a peace officer to return
the patient to the treatment facility. The head of the treatment facility shall inform the
committing court of the revocation or absence, and the court shall direct a peace officer
in the county where the patient is located to return the patient to the treatment facility or
to another treatment facility. The expense of returning the patient to a treatment facility
shall be paid by the commissioner unless paid by the patient or other persons on the
patient's behalf.
Subd. 17.Appeal.Any patient aggrieved by a revocation decision or any interested
person may petition the special review board within seven days, exclusive of Saturdays,
Sundays, and legal holidays, after receipt of the revocation report for a review of the
revocation. The matter shall be scheduled within 30 days. The special review board shall
review the circumstances leading to the revocation and shall recommend to the judicial
appeal panel whether or not the revocation shall be upheld. The special review board may
also recommend a new provisional discharge at the time of the revocation hearing.
Subd. 18.Discharge.A patient who is committed as a sexual psychopathic
personality or sexually dangerous person shall not be discharged unless it appears to the
satisfaction of the judicial appeal panel, after a hearing and recommendation by a majority
of the special review board, that the patient is capable of making an acceptable adjustment
to open society, is no longer dangerous to the public, and is no longer in need of inpatient
treatment and supervision.
In determining whether a discharge shall be recommended, the special review board
and judicial appeal panel shall consider whether specific conditions exist to provide a
reasonable degree of protection to the public and to assist the patient in adjusting to the
community. If the desired conditions do not exist, the discharge shall not be granted.
Subd. 19.Aftercare services.The Minnesota sex offender program shall provide
the supervision, aftercare, and case management services for a person under commitment
as sexual psychopathic personalities and sexually dangerous persons discharged after
July 1, 1999. The designated agency shall assist with client eligibility for public welfare
benefits and will provide those services that are currently available exclusively through
county government.
Prior to the date of discharge or provisional discharge of any patient committed as a
sexual psychopathic personality or sexually dangerous person, the head of the treatment
facility or designee shall establish a continuing plan of aftercare services for the patient,
including a plan for medical and behavioral health services, financial sustainability,
housing, social supports, or other assistance the patient needs. The Minnesota sex offender
program shall provide case management services and shall assist the patient in finding
employment, suitable shelter, and adequate medical and behavioral health services and
otherwise assist in the patient's readjustment to the community.

Sec. 27. Minnesota Statutes 2008, section 253B.19, subdivision 2, is amended to read:
Subd. 2.Petition; hearing.(a) A person committed as mentally ill and dangerous
to the public under section253B.18, or the county attorney of the county from which the
person was committed or the county of financial responsibility, may petition the judicial
appeal panel for a rehearing and reconsideration of a decision by the commissioner under
section253B.18, subdivision 5. The judicial appeal panel must not consider petitions for
relief other than those considered by the commissioner from which the appeal is taken.
The petition must be filed with the Supreme Court within 30 days after the decision of
the commissioner is signed. The hearing must be held within 45 days of the filing of the
petition unless an extension is granted for good cause.
(b) A person committed as a sexual psychopathic personality or as a sexually
dangerous person under section253B.185, or committed as both mentally ill and
dangerous to the public under section253B.18and as a sexual psychopathic personality or
as a sexually dangerous person under section253B.185; the county attorney of the county
from which the person was committed or the county of financial responsibility; or the
commissioner may petition the judicial appeal panel for a rehearing and reconsideration
of a decision of the special review board under section253B.185, subdivision 9. The
petition must be filed with the Supreme Court within 30 days after the decision is mailed
by the commissioner as required in section253B.185, subdivision 9, paragraph (f). The
hearing must be held within 180 days of the filing of the petition unless an extension is
granted for good cause. If no party petitions the judicial appeal panel for a rehearing
or reconsideration within 30 days, the judicial appeal panel shall either issue an order
adopting the recommendations of the special review board or set the matter on for a
hearing pursuant to this paragraph.
(c) For an appeal under paragraph (a) or (b), the Supreme Court shall refer the
petition to the chief judge of the judicial appeal panel. The chief judge shall notify the
patient, the county attorney of the county of commitment, the designated agency, the
commissioner, the head of the treatment facility, any interested person, and other persons
the chief judge designates, of the time and place of the hearing on the petition. The notice
shall be given at least 14 days prior to the date of the hearing.
(d) Any person may oppose the petition. The patient, the patient's counsel, the
county attorney of the committing county or the county of financial responsibility, and the
commissioner shall participate as parties to the proceeding pending before the judicial
appeal panel, except when the patient is committed solely as mentally ill and dangerous,
and shall, no later than 20 days before the hearing on the petition, inform the judicial
appeal panel and the opposing party in writing whether they support or oppose the petition
and provide a summary of facts in support of their position. The judicial appeal panel may
appoint examiners and may adjourn the hearing from time to time. It shall hear and receive
all relevant testimony and evidence and make a record of all proceedings. The patient,
the patient's counsel, and the county attorney of the committing county or the county of
financial responsibility have the right to be present and may present and cross-examine all
witnesses and offer a factual and legal basis in support of their positions. The petitioning
partyseeking discharge or provisional dischargebears the burden of going forward with
the evidence, which means presenting a prima facie case with competent evidence to show
that the person is entitled to the requested relief.If the petitioning party has met this
burden,the party opposing dischargeor provisional dischargebears the burden of proof by
clear and convincing evidence that thedischarge or
provisional discharge should be denied. A party seeking transfer under section 253B.18,
subdivision 6, or 253B.185, subdivision 11, must establish by a preponderance of the
evidence that the transfer is appropriate.
Presented to the governor May 6, 2010
Signed by the governor May 10, 2010, 2:18 p.m.


No comments (Add your own)

Add a New Comment


code
 

Comment Guidelines: No HTML is allowed. Off-topic or inappropriate comments will be edited or deleted. Thanks.