HF 1139

2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 05/14/2013 09:30am

A bill for an act
relating to human services; modifying provisions related to the Minnesota
sex offender program; requiring a public education campaign; modifying the
Civil Commitment Act; amending Minnesota Statutes 2012, sections 246B.10;
253B.18, subdivision 4c; 253B.185, subdivisions 1, 10, 11, 11a, 11b, 12, 14, 14a,
15, 17, 18, by adding subdivisions; 253B.19, subdivisions 2, 3, by adding a
subdivision; 609.485, subdivision 2; repealing Minnesota Statutes 2012, section
253B.185, subdivision 9.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

STRICT AND INTENSIVE SUPERVISION AND TREATMENT AND
PUBLIC EDUCATION CAMPAIGN

Section 1. new text begin STRICT AND INTENSIVE SUPERVISION AND TREATMENT.
new text end

new text begin The commissioner of human services shall ensure a regimen of treatment that
provides strict and intensive supervision and treatment (SIST) for individuals civilly
committed under Minnesota Statutes, section 253B.185, who are court-ordered to strict
and intensive supervision and treatment placement or placed on provisional discharge. The
SIST must meet public safety requirements as specified by the commissioners of human
services, public safety, and corrections, and ensure the safety of the public while meeting
the treatment needs of the civilly committed population. The commissioner shall use the
information resulting from the January 2013 request for information to determine existing
capacity for a range of options for SIST that are effective and appropriate and allows
progression. The commissioner shall contract with existing providers to provide SIST.
new text end

Sec. 2. new text begin EDUCATION RELATING TO SEX OFFENDER CIVIL COMMITMENT
PROCEDURAL CHANGES.
new text end

new text begin The commissioner of human services, in partnership with the ombudsman for mental
health and developmental disabilities, shall develop and provide education to judges and
court staff, county attorneys and other lawyers, and court-appointed examiners about
the civil commitment procedural changes under article 2 and the strict and intensive
supervision and treatment under section 1.
new text end

Sec. 3. new text begin PUBLIC EDUCATION CAMPAIGN.
new text end

new text begin The commissioner of human services shall develop a public education campaign
informing the general public about the 2012 class action lawsuit relating to the Minnesota
sex offender program (MSOP), the court's rulings, including the order from the court
establishing the Sex Offender Civil Commitment Advisory Task Force and the work of
the task force, and the response by the legislature resulting in the legislation in this act.
The public education campaign must be a statewide effort to educate Minnesotans on
the process of civilly committing sex offenders and the emerging policy in response to
the court's decisions, and related issues.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2013. The commissioner of
human services shall implement this article as soon as practicable.
new text end

ARTICLE 2

CIVIL COMMITMENT MODIFICATIONS

Section 1.

Minnesota Statutes 2012, section 246B.10, is amended to read:

246B.10 LIABILITY OF COUNTY; REIMBURSEMENT.

The civilly committed sex offender's county shall pay to the state a portion of the
cost of care provided deleted text begin in deleted text end new text begin by or through new text end the Minnesota sex offender program to a civilly
committed sex offender who has legally settled in that county. new text begin Cost of care includes care,
housing, and supervision provided to a civilly committed sex offender who is placed
on strict and intensive supervision and treatment or provisional discharge. new text end A county's
payment must be made from the county's own sources of revenue and payments must equal
25 percent of the cost of care, as determined by the commissioner, for each day or portion
of a day, that the civilly committed sex offender spends at deleted text begin the deleted text end new text begin a Minnesota sex offender
program new text end facility new text begin or on strict and intensive supervision and treatment or provisional
discharge new text end . If payments received by the state under this chapter exceed 75 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 the civilly committed sex offender, the civilly
committed sex offender's estate, or from the civilly committed sex offender's relatives,
except as provided in section 246B.07. new text begin For purposes of this section, cost of care begins
after the order for commitment under section 253B.185, subdivision 1, paragraph (c).
new text end

Sec. 2.

Minnesota Statutes 2012, section 253B.18, subdivision 4c, is amended to read:

Subd. 4c.

Special review board.

(a) The commissioner shall establish one or more
panels of a special review board. The board shall consist of three members experienced
in the field of mental illness. One member of each special review board panel shall be
a psychiatrist and one member shall be an attorney. No member shall be affiliated with
the Department of Human Services. The special review board shall meet at least every
six months and at the call of the commissioner. It shall hear and consider all petitions for
a reduction in custody or to appeal a revocation of provisional discharge. A "reduction
in custody" means transfer from a secure treatment facility, discharge, and provisional
discharge. Patients may be transferred by the commissioner between secure treatment
facilities without a special review board hearing.

Members of the special review board shall receive compensation and reimbursement
for expenses as established by the commissioner.

(b) A petition filed by a person committed as mentally ill and dangerous to the
public under this section must be heard as provided in subdivision 5 and, as applicable,
subdivision 13. A petition filed by a person committed as a sexual psychopathic
personality or as a sexually dangerous person under section 253B.185, or committed
as both mentally ill and dangerous to the public under this section and as a sexual
psychopathic personality or as a sexually dangerous person must be heard as provided in
section deleted text begin 253B.185, subdivision 9 deleted text end new text begin 253B.19, subdivisions 2, paragraph (b); and 2a new text end .

Sec. 3.

Minnesota Statutes 2012, section 253B.185, subdivision 1, is amended to read:

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 district court of the
county of financial responsibility or the county where the patient 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 deleted text begin section 253B.18, except that section 253B.18, subdivisions
2 and 3, shall not apply deleted text end new text begin sections 253B.07 and 253B.08 new text end .

new text begin If the court finds by clear and convincing evidence that the proposed patient is a sexually
dangerous person or is a person with a sexual psychopathic personality, the court shall
commit the person to the commissioner to place in a secure treatment facility for
evaluation and proposed disposition. The Minnesota sex offender program is not required
to provide sex offender treatment to the person until after the court's disposition order.
new text end

(d) deleted text begin 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. deleted text end new text begin Within 60 days following commitment and
receipt of the patient, a qualified person or persons designated by the commissioner
shall evaluate the patient, consider possible dispositions, and file a written disposition
report with the committing court. If the person is in the custody of the commissioner of
corrections when the commitment is ordered under paragraph (c), the written disposition
report must be filed no later than 60 days after the person is admitted to the secure
treatment facility. However, the commissioner may perform part or all of the evaluation,
including providing the disposition report to the court, before the person is received by
the commissioner. The commissioner may request that the court grant an extension of
the 60-day deadline, which may be granted for good cause after opportunity for objection
by the patient and the county attorney. The disposition report must recommend whether
the person should be placed on strict and intensive supervision and treatment or in a
secure treatment facility. If the recommendation is for placement on strict and intensive
supervision and treatment, the report must specifically describe the conditions that the
program determines would be best suited to meet the person's treatment needs and the
requirements of public safety. Within 30 days after receiving the disposition report, unless
otherwise agreed by the parties, the court shall hold a hearing to make a final determination
as to the appropriate disposition of the case. If the disposition report recommends
placement on strict and intensive supervision and treatment, either party or the court may
request the court examiners to address the sufficiency and conditions of the plan.
new text end

new text begin (e) Between the time of the commitment order under paragraph (c) and the court's
disposition order under paragraph (d), with the agreement of the committed person the
person may be held in a Department of Corrections facility according to the provisions of
section 253B.045, subdivision 1a, even though the person is not under a judicial hold order
under section 253B.07, subdivision 2b or 7. During any time the person is confined in a
Department of Corrections facility under this paragraph, the county's responsibility for
costs of confinement shall not exceed 25 percent, and the Department of Human Services
shall reimburse the Department of Corrections for the remaining 75 percent.
new text end

new text begin (f) At the time of commitment, the court shall provide the commissioner copies
of the court-appointed examiners' reports and the exhibits admitted in the case. Upon
request of the evaluator, the county attorney shall provide copies of records gathered by
the county attorney for purposes of the case. Upon request, the evaluator is entitled to
promptly obtain records and data regarding the committed person from the Department of
Corrections, a probation or parole agency, and a program or provider that has provided sex
offender or mental health evaluation or treatment to the committed person.
new text end

new text begin (g) A person committed under this section is not eligible for and shall not receive
a pass. Section 253B.18, subdivisions 4a and 4b, do not apply to a person committed
under this section.
new text end

deleted text begin (e) deleted text end new text begin (h) new text end After a final 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.

Sec. 4.

Minnesota Statutes 2012, section 253B.185, is amended by adding a
subdivision to read:

new text begin Subd. 1c. new text end

new text begin Strict and intensive supervision and treatment. new text end

new text begin (a) If a specific plan for
strict and intensive supervision and treatment is proposed in the disposition report or by
the committed person, the court shall commit the person to strict and intensive supervision
and treatment, unless the petitioner proves by a preponderance of the evidence that the
plan is not sufficient to meet the person's treatment needs or the requirements of public
safety. If no specific plan is presented, or if the court determines that no plan that is
proposed is sufficient, the court shall commit the person to a secure treatment facility.
new text end

new text begin (b) If the court finds that strict and intensive supervision and treatment is appropriate,
the court shall notify the Minnesota sex offender program, which must prepare a plan
that identifies the treatment and services for the patient, including recommendations
regarding the conditions of strict and intensive supervision and treatment. The plan must
be presented to the court for its approval within 60 days after the court finds that strict
and intensive supervision and treatment is appropriate, unless the program or the patient
requests additional time to develop the plan and the court determines there is good cause
to allow an extension for a specified period.
new text end

new text begin (c) An order for strict and intensive supervision and treatment places the patient
in the custody and control of the commissioner of human services for the provision of
treatment, services, and supervision under the Minnesota sex offender program and the
patient is subject to the conditions set by the court and the program, which must ensure the
safety of the public while meeting the treatment needs of the civilly committed patient.
new text end

new text begin (d) If the program determines that a patient under this subdivision has violated a
condition under paragraph (c) or is exhibiting behavior that may be dangerous to self or
others or that the interests of public safety require that strict and intensive supervision and
treatment placement be revoked, the program may, using the procedures in subdivisions
15, paragraphs (b) and (c); and 16, revoke the patient's placement on strict and intensive
supervision and treatment and place the patient in a secure treatment facility. The patient
may appeal the revocation using the procedures in section 253B.185, subdivision 17,
except that appeal is to the committing court. If the committing court determines that
a condition of the strict and intensive supervision and treatment placement has been
violated or that the safety of the patient or others requires that the strict and intensive
supervision and treatment placement be revoked, the court shall affirm the revocation of
the strict and intensive supervision and treatment placement and order an appropriate
commitment placement under this section. The court may also, after notice to the parties
and opportunity for hearing, reinstate the person on strict and intensive supervision under
modified conditions the court determines are sufficient to satisfy the person's treatment
needs and the requirements of public safety. If the court finds there was no violation
and that the safety of the committed person or others does not require that the strict and
intensive supervision be revoked, it shall reverse the revocation and order that the strict
and intensive supervision placement be reinstated.
new text end

new text begin (e) This subdivision does not affect or replace any applicable registration
requirements under section 243.166 or notice requirements under sections 244.052 and
244.053.
new text end

Sec. 5.

Minnesota Statutes 2012, section 253B.185, is amended by adding a
subdivision to read:

new text begin Subd. 9a. new text end

new text begin Biennial review. new text end

new text begin (a) Within 24 months after the date of the disposition
order under subdivision 1c, paragraph (a), and after that time at least once each 24 months,
the commissioner shall arrange for an examination of the committed person. The director
of the evaluation unit under subdivision 9b shall appoint an examiner to perform the
examination. The director shall establish procedures to provide that the committed
person will have a role in choosing the examiner from the evaluation unit to conduct the
examination, by objecting to a particular examiner or using another method adopted by the
director. The director shall establish procedures to allow the committed person to retain an
additional examiner at the person's expense or to request the appointment of an additional
examiner by the judicial appeal panel. Compensation for an appointed examiner who is
not part of the evaluation unit shall be determined by the judicial appeal panel.
new text end

new text begin (b) An examiner conducting an examination under paragraph (a) shall prepare a
written report of the examination no later than 30 days after the date of the examination.
The report must examine and assess the patient's:
new text end

new text begin (1) progress toward treatment goals;
new text end

new text begin (2) risk to the public; and
new text end

new text begin (3) suitability for an alternative placement that balances the patient's continued
treatment needs and public safety. The examiner shall provide a copy of the report to the
county attorneys of the committing county and the county of financial responsibility, the
commissioner, and the judicial appeal panel.
new text end

new text begin (c) Notwithstanding paragraph (a), the judicial appeal panel may order an
examination of the person at any time during the period in which the person is subject to
the commitment order. The examination must be conducted pursuant to this subdivision.
new text end

new text begin (d) At any examination under paragraph (a), the executive clinical director of the
Minnesota sex offender program shall prepare a treatment progress report. The executive
clinical director shall provide a copy of the treatment progress report to the commissioner.
The treatment progress report must consider all of the following:
new text end

new text begin (1) the specific factors associated with the person's risk for committing another
sexually violent offense;
new text end

new text begin (2) whether the person has made significant progress in treatment or has refused
treatment;
new text end

new text begin (3) the ongoing treatment needs of the person; and
new text end

new text begin (4) any specialized needs or conditions associated with the person that must be
considered in future treatment planning.
new text end

new text begin (e) Examiners under paragraph (a) and the executive clinical director under paragraph
(d) must have reasonable access to the person for purposes of examination, to the person's
past and present treatment and supervision records, and to the person's health care records.
new text end

new text begin (f) The commissioner shall submit a biennial report comprised of the examination
report under paragraph (a) and the treatment progress report under paragraph (d) to
the judicial appeal panel. A copy of the biennial report must be placed in the person's
treatment records. The commissioner shall provide a copy of the biennial report to the
patient and the county attorneys of the committing county and the county of financial
responsibility. The panel shall provide a copy of the biennial report to the patient's
attorney as soon as the attorney is retained or appointed.
new text end

new text begin (g) If a person committed under this section is incarcerated for a new criminal charge
or conviction, any reporting requirement under paragraph (a), (d), or (f) does not apply
during the incarceration period. The judicial appeal panel may order an examination of the
person under paragraph (c) if the panel finds an examination is necessary. The required
reports are due 24 months after the person is returned to the custody and control of the
commissioner of human services under the Minnesota sex offender program.
new text end

new text begin (h) Failure to complete or file any required report within the specified time period
does not affect the validity of the person's continuing commitment.
new text end

Sec. 6.

Minnesota Statutes 2012, section 253B.185, is amended by adding a
subdivision to read:

new text begin Subd. 9b. new text end

new text begin Evaluation unit for biennial reviews. new text end

new text begin The commissioner shall create an
evaluation unit to perform the periodic reviews provided by subdivision 9a, paragraph
(a). The commissioner shall designate a person as the director of the unit for purposes of
that provision, and shall employ a sufficient number of qualified persons to perform the
examinations. Such persons must meet the definition of "examiner" in section 253B.02,
subdivision 7, clause (1) or (2), and must have specific training in evaluating risk of
re-offense among sex offenders and have experience in the treatment, diagnosis, or
management of sex offenders. The commissioner shall provide training for the examiners
to ensure the quality and promote the uniformity of the examinations. The training shall
include risk assessment, evaluation of efficacy and progress in sex offender treatment,
types of strict and intensive supervision and treatment options available, the supervision
that would be available to persons placed on strict and intensive supervision and treatment,
and other matters determined appropriate by the commissioner. Members of the evaluation
unit must be free to exercise independent professional judgment without pressure or
retaliation for the exercise of that judgment from any source.
new text end

Sec. 7.

Minnesota Statutes 2012, section 253B.185, subdivision 10, is amended to read:

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 section 609.1095, and
includes criminal sexual conduct in the fifth degree and offenses within the definition of
"crime against the person" in section 253B.02, subdivision 4a, and also includes offenses
listed in section 253B.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 section 609.02,
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, deleted text begin granting pass-eligible status,
approving a pass plan, deleted text end 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 deleted text begin head of the treatment facility
or designee, or special review board, deleted text end new text begin judicial appeal panel new text end with respect to the person.
To the extent possible, the notice must be provided at least 14 days before any deleted text begin special
review board deleted text end new text begin judicial appeal panel new text end hearing deleted text begin or before a determination on a pass plan deleted text end .
Notwithstanding section 611A.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 section 611A.06, subdivision 4.

(d) This subdivision applies only to victims who have requested notification through
the Department of Corrections electronic victim notification system, or 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 request for notice under this subdivision received by the commissioner of
corrections through the Department of Corrections electronic victim notification system
shall be promptly forwarded to the prosecutorial authority with jurisdiction over the offense
to which the notice relates or, following commitment, the head of the treatment facility. A
county attorney who receives a request for notification under this paragraph following
commitment 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 section 253B.18,
subdivision 4a, 4b, or 5.

Sec. 8.

Minnesota Statutes 2012, section 253B.185, subdivision 11, is amended to read:

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 deleted text begin , after a hearing and
recommendation by a majority of the special review board, deleted text end 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.

Sec. 9.

Minnesota Statutes 2012, section 253B.185, subdivision 11a, is amended to read:

Subd. 11a.

Transfer; voluntary readmission to a secure facility.

(a) After a
patient has been transferred out of a secure facility pursuant to subdivision 11 and with the
consent of the executive director of the Minnesota sex offender program, a patient may
voluntarily return to a secure facility operated by the Minnesota sex offender program for
a period of up to 60 days.

(b) If the patient is not returned to the facility to which the patient was originally
transferred pursuant to subdivision 11 within 60 days of being readmitted to a secure
facility, the transfer is revoked and the patient shall remain in a secure facility. The patient
shall immediately be notified in writing of the revocation.

(c) Within 15 days of receiving notice of the revocation, the patient may petition
the deleted text begin special review board deleted text end new text begin judicial appeal panel new text end for a review of the revocation. The deleted text begin special
review board deleted text end new text begin judicial appeal panel new text end shall review the circumstances of the revocation and
shall deleted text begin recommend to the judicial appeal panel deleted text end new text begin determine new text end whether or not the revocation shall
be upheld. The deleted text begin special review board deleted text end new text begin judicial appeal panel new text end may also deleted text begin recommend deleted text end new text begin order new text end a
new transfer at the time of the revocation hearing.

(d) If the transfer has not been revoked and the patient is to be returned to the
facility to which the patient was originally transferred pursuant to subdivision 11, with no
substantive change to the conditions of the transfer ordered pursuant to subdivision 11, no
action by the deleted text begin special review board or deleted text end judicial appeal panel is required.

Sec. 10.

Minnesota Statutes 2012, section 253B.185, subdivision 11b, is amended to
read:

Subd. 11b.

Transfer; revocation.

(a) The executive director of the Minnesota sex
offender program or designee may revoke a transfer made pursuant to subdivision 11 and
require a patient to return to a secure treatment facility if:

(1) remaining in a nonsecure setting will not provide a reasonable degree of safety to
the patient or others; or

(2) the patient has regressed in clinical progress so that the facility to which the
patient was transferred is no longer sufficient to meet the patient's needs.

(b) Upon the revocation of the transfer, the patient shall be immediately returned to a
secure treatment facility. A report documenting reasons for revocation shall be issued by
the executive director or designee within seven days after the patient is returned to the
secure 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 subdivision. The revocation report shall
be served upon the patient and the patient's counsel. 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) A patient whose transfer is revoked must successfully re-petition the deleted text begin special
review board and deleted text end judicial appeal panel prior to being transferred out of a secure facility.

(e) Any patient aggrieved by a transfer revocation decision may petition the deleted text begin special
review board deleted text end new text begin judicial appeal panel new text end 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 deleted text begin special review board deleted text end new text begin judicial appeal
panel new text end shall review the circumstances leading to the revocation and, after considering the
factors in subdivision 11, paragraph (b), shall deleted text begin recommend to the judicial appeal panel
deleted text end new text begin determine new text end whether or not the revocation shall be upheld. The deleted text begin special review board deleted text end new text begin judicial
appeal panel new text end may also deleted text begin recommend deleted text end new text begin order new text end a new transfer out of a secure facility at the
time of the revocation hearing.

Sec. 11.

Minnesota Statutes 2012, section 253B.185, subdivision 12, is amended to read:

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 deleted text begin , after a hearing
and a recommendation by a majority of the special review board, deleted text end 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 deleted text begin recommended deleted text end new text begin granted new text end :

(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.

Sec. 12.

Minnesota Statutes 2012, section 253B.185, subdivision 14, is amended to read:

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 deleted text begin special review board deleted text end new text begin judicial
appeal panel new text end for a full discharge and the discharge is granted deleted text begin by the judicial appeal panel deleted text end .

Sec. 13.

Minnesota Statutes 2012, section 253B.185, subdivision 14a, is amended to
read:

Subd. 14a.

Provisional discharge; voluntary readmission.

(a) With the consent of
the executive director of the Minnesota sex offender program, a patient may voluntarily
return to the Minnesota sex offender program from provisional discharge for a period of
up to 60 days.

(b) If the patient is not returned to provisional discharge status within 60 days of
being readmitted to the Minnesota sex offender program, the provisional discharge is
revoked. The patient shall immediately be notified of the revocation in writing. Within 15
days of receiving notice of the revocation, the patient may request a review of the matter
before the deleted text begin special review board deleted text end new text begin judicial appeal panel new text end . The deleted text begin special review board deleted text end new text begin judicial
appeal panel new text end shall review the circumstances of the revocation and, after applying the
standards in subdivision 15, paragraph (a), shall deleted text begin recommend to the judicial appeal panel
deleted text end new text begin determine new text end whether or not the revocation shall be upheld. The deleted text begin board deleted text end new text begin judicial appeal panel
new text end may deleted text begin recommend deleted text end new text begin order new text end a return to provisional discharge status.

(c) If the provisional discharge has not been revoked and the patient is to be returned
to provisional discharge, the Minnesota sex offender program is not required to petition for
a further review by the deleted text begin special review board deleted text end new text begin judicial appeal panel new text end unless the patient's return
to the community results in substantive change to the existing provisional discharge plan.

Sec. 14.

Minnesota Statutes 2012, section 253B.185, subdivision 15, is amended to read:

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 deleted text begin special review board and deleted text end judicial appeal panel prior to being placed back
on provisional discharge.

Sec. 15.

Minnesota Statutes 2012, section 253B.185, subdivision 17, is amended to read:

Subd. 17.

Appeal.

Any patient aggrieved by a revocation decision or any interested
person may petition the deleted text begin special review board deleted text end new text begin judicial appeal panel new text end 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
deleted text begin special review board deleted text end new text begin judicial appeal panel new text end shall review the circumstances leading to the
revocation and shall deleted text begin recommend to the judicial appeal panel deleted text end new text begin determine new text end whether or not
the revocation shall be upheld. The deleted text begin special review board deleted text end new text begin judicial appeal panel new text end may also
deleted text begin recommend deleted text end new text begin order new text end a new provisional discharge at the time of the revocation hearing.

Sec. 16.

Minnesota Statutes 2012, section 253B.185, subdivision 18, is amended to read:

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 deleted text begin , after a hearing and recommendation by a majority
of the special review board, deleted text end 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 deleted text begin special review board
and deleted text end 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.

Sec. 17.

Minnesota Statutes 2012, 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 section 253B.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
section 253B.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.

deleted text begin (b) A person committed as a sexual psychopathic personality or as a sexually
dangerous person under section 253B.185, or committed as both mentally ill and
dangerous to the public under section 253B.18 and as a sexual psychopathic personality or
as a sexually dangerous person under section 253B.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 section 253B.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 section 253B.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.
deleted text end

deleted text begin (c) deleted text end new text begin (b) new text end For an appeal under paragraph (a) deleted text begin or (b) deleted text end , 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.

deleted text begin (d) deleted text end new text begin (c) In an appeal under paragraph (a), new text end 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 deleted text begin and shall, except when the patient is committed
solely as mentally ill and dangerous, 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 deleted text end .

new text begin (d) new text end 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 party seeking discharge or provisional discharge bears
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 discharge or provisional
discharge bears the burden of proof by clear and convincing evidence that the discharge or
provisional discharge should be denied. A party seeking transfer under section 253B.18,
subdivision 6, deleted text begin or 253B.185, subdivision 11, deleted text end must establish by a preponderance of the
evidence that the transfer is appropriate.

Sec. 18.

Minnesota Statutes 2012, section 253B.19, is amended by adding a
subdivision to read:

new text begin Subd. 2a. new text end

new text begin Receipt of biennial report. new text end

new text begin (a) Within 28 days after the commissioner
submits a biennial report under section 253B.185, subdivision 9a, the patient or the
patient's attorney may file supplemental written argument, affidavits, and exhibits, which
must be served on the county attorney. Within 14 days of the service of supplemental
documents by the patient or the patient's attorney, the county attorney of the committing
county or county of financial responsibility may file and serve a written response.
new text end

new text begin (b) Within 60 days after receiving the biennial report, the judicial appeal panel shall
determine whether to set the matter for a hearing. A hearing must be conducted unless the
judicial appeal panel determines that the biennial report and any supplemental documents
fail to present a prima facie case with competent evidence that the patient is entitled to
transfer out of a secure treatment facility, a provisional discharge, or discharge from
commitment. The judicial appeal panel shall allow the executive director to request a
hearing at any time. The judicial appeal panel may, in its discretion, require a hearing at
any time for good cause.
new text end

new text begin (c) If a hearing is ordered under paragraph (b), the hearing must be held within 180
days after the order, unless an extension is granted for good cause. The patient, the patient's
counsel, and the county attorney of the committing county or the county of financial
responsibility shall participate as parties to the proceeding pending before the judicial
appeal panel 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
transfer, provisional discharge, or discharge, 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 party opposing discharge or provisional discharge bears
the burden of proof by clear and convincing evidence that the discharge or provisional
discharge should be denied. A party seeking transfer under section 253B.185, subdivision
11, must establish by a preponderance of the evidence that the transfer is appropriate.
new text end

new text begin (d) The provisions of this subdivision apply to individuals committed under section
253B.185 and individuals committed under both sections 253B.18 and 253B.185. The
procedures in section 253B.185, subdivision 10, for victim notification and right to submit
a statement apply to hearings under this subdivision. A hearing under this subdivision is
considered to be a commitment proceeding under section 8.01.
new text end

Sec. 19.

Minnesota Statutes 2012, section 253B.19, subdivision 3, is amended to read:

Subd. 3.

Decision.

A majority of the judicial appeal panel shall rule upon the
petition new text begin under subdivision 2, paragraph (a), or upon the review of a biennial report or
hearing under subdivision 2a new text end . The panel shall consider the petition de novo. The order
of the judicial appeal panel shall supersede an order of the commissioner under section
253B.18, subdivision 5. No order of the judicial appeal panel granting a transfer, discharge
or provisional discharge shall be made effective sooner than 15 days after it is issued.

new text begin In a hearing under subdivision 2, new text end the panel may not consider petitions for relief other
than those considered by the commissioner or special review board from which the appeal
is taken. The judicial appeal panel may not grant a transfer or provisional discharge on
terms or conditions that were not presented to the commissioner or the special review board.

Sec. 20.

Minnesota Statutes 2012, section 609.485, subdivision 2, is amended to read:

Subd. 2.

Acts prohibited.

Whoever does any of the following may be sentenced as
provided in subdivision 4:

(1) escapes while held pursuant to a lawful arrest, in lawful custody on a charge or
conviction of a crime, or while held in lawful custody on an allegation or adjudication
of a delinquent act;

(2) transfers to another, who is in lawful custody on a charge or conviction of a
crime, or introduces into an institution in which the latter is confined, anything usable in
making such escape, with intent that it shall be so used;

(3) having another in lawful custody on a charge or conviction of a crime,
intentionally permits the other to escape;

(4) escapes while in a facility designated under section 253B.18, subdivision 1,
pursuant to a court commitment order after a finding of not guilty by reason of mental
illness or mental deficiency of a crime against the person, as defined in section 253B.02,
subdivision 4a. Notwithstanding section 609.17, no person may be charged with or
convicted of an attempt to commit a violation of this clause;

(5) escapes while in or under the supervision of a facility new text begin or authority new text end designated under
section 246B.01, subdivision 2a; 246B.02; 253B.18, subdivision 1; 253B.185, deleted text begin subdivision
deleted text end new text begin subdivisions new text end 1, paragraph (d); new text begin and 1c; new text end or Minnesota Statutes 1992, section 526.10;

(6) escapes while on pass status or provisional discharge according to section
253B.18 or 253B.185; or

(7) escapes while a civilly committed sex offender in the Minnesota sex offender
program as defined in section 246B.01, subdivision 1a, or subject to a court hold order
under section 253B.185.

For purposes of clauses (1) and (7), "escapes while held in lawful custody" or
"escapes while a civilly committed sex offender in the Minnesota sex offender program"
includes absconding from electronic monitoring or removing an electronic monitoring
device from the person's body.

Sec. 21. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor shall codify sections and amendments in this act consistent with the
recodification of statutory sections providing for civil commitment of sexually dangerous
persons and persons with sexual psychopathic personalities in H.F. No. 947, if enacted
this legislative session.
new text end

Sec. 22. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, section 253B.185, subdivision 9, new text end new text begin is repealed effective
August 1, 2013.
new text end

Sec. 23. new text begin EFFECTIVE DATE; APPLICATION; IMPLEMENTATION.
new text end

new text begin (a) Except as otherwise provided in this section, this article is effective August
1, 2013.
new text end

new text begin (b) Sections 3 and 4 apply only to petitions for civil commitment filed on or after
August 1, 2013.
new text end

new text begin (c) Petitions for a reduction in custody filed under Minnesota Statutes, section
253B.185, subdivision 9, before August 1, 2013, will continue to proceed under the laws
and procedures in effect on July 31, 2013.
new text end

new text begin (d) Notwithstanding the requirements of section 5 (Minnesota Statutes, section
253B.185, subdivision 9a), the biennial report required under that section applies to
patients with pending petitions no sooner than 12 months after the final disposition of a
petition for reduction in custody that was filed before August 1, 2013.
new text end

new text begin (e) For persons civilly committed on petitions filed before August 1, 2013, and who
are otherwise eligible for a biennial review, the commissioner may initiate the biennial
review based on either the first commitment anniversary date after August 1, 2014, or the
second anniversary date after August 1, 2014.
new text end

new text begin (f) Section 20 is effective August 1, 2013, and applies to crimes committed on or
after that date.
new text end