SF 2854

2nd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to civil commitment; requiring the 
  1.3             commissioner of corrections before releasing persons 
  1.4             convicted of criminal sexual conduct or sentenced as 
  1.5             patterned offenders to send his determination whether 
  1.6             a petition under the sexual psychopath law is 
  1.7             necessary to certain county attorneys; allowing county 
  1.8             attorneys or their designee to have access to certain 
  1.9             information for purposes of determining whether good 
  1.10            cause exists to file a commitment proceeding; amending 
  1.11            Minnesota Statutes 1998, sections 244.05, subdivision 
  1.12            7; and 253B.185, by adding a subdivision. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 1998, section 244.05, 
  1.15  subdivision 7, is amended to read: 
  1.16     Subd. 7.  [SEX OFFENDERS; CIVIL COMMITMENT DETERMINATION.] 
  1.17  Before the commissioner releases from prison any inmate 
  1.18  convicted under sections 609.342 to 609.345 or sentenced as a 
  1.19  patterned offender under section 609.108, and determined by the 
  1.20  commissioner to be in a high risk category, the commissioner 
  1.21  shall make a preliminary determination whether, in the 
  1.22  commissioner's opinion, a petition under section 253B.185 may be 
  1.23  appropriate.  If the commissioner determines that a petition may 
  1.24  be appropriate, the commissioner shall forward this 
  1.25  determination, along with a summary of the reasons for the 
  1.26  determination, no later than 12 months before the inmate's 
  1.27  release date, to the county attorney in the county: 
  1.28     (1) where the inmate was convicted no later than 12 months 
  1.29  before the inmate's release date.; 
  2.1      (2) where the inmate resided at the time of the offense; 
  2.2   and 
  2.3      (3) where the inmate intends to reside upon release, if 
  2.4   known.  
  2.5      If the inmate is received for incarceration with fewer than 
  2.6   12 months remaining in the inmate's term of imprisonment, or if 
  2.7   the commissioner receives additional information less than 12 
  2.8   months before release which makes the inmate's case appropriate 
  2.9   for referral, the commissioner shall forward the determination 
  2.10  as soon as is practicable.  Upon receiving the commissioner's 
  2.11  preliminary determination, the county attorney attorneys shall 
  2.12  confer to determine whether to proceed, and if so, which county 
  2.13  shall proceed in the manner provided in section 253B.185.  The 
  2.14  commissioner shall release to the county attorney attorneys all 
  2.15  requested documentation maintained by the department. 
  2.16     Sec. 2.  Minnesota Statutes 1998, section 253B.185, is 
  2.17  amended by adding a subdivision to read: 
  2.18     Subd. 1b.  [COUNTY ATTORNEY ACCESS TO DATA.] (a) 
  2.19  Notwithstanding sections 144.335, 245.467, subdivision 6, 
  2.20  245.4876, subdivision 7, 260B.171, 260B.235, subdivision 8, 
  2.21  260C.171, and 609.749, subdivision 6, or any provision of 
  2.22  chapter 13 or other state law, prior to filing a petition for 
  2.23  commitment as a sexual psychopathic personality or as a sexually 
  2.24  dangerous person, and upon notice to the proposed patient the 
  2.25  county attorney or the county attorney's designee may move the 
  2.26  court for an order granting access to all or part of the 
  2.27  following data, to the extent it relates to the proposed 
  2.28  patient, for the purpose of determining whether good cause 
  2.29  exists to file a petition and, if a petition is filed, to 
  2.30  support the allegations set forth in the petition during the 
  2.31  commitment proceedings: 
  2.32     (1) private medical data under section 13.42 or welfare 
  2.33  data under section 13.46 relating to foster care placement or 
  2.34  social services records; 
  2.35     (2) health records maintained under section 144.335; 
  2.36     (3) private and confidential domestic abuse data under 
  3.1   section 13.80; 
  3.2      (4) private and confidential comprehensive law enforcement 
  3.3   data under section 13.82; 
  3.4      (5) private and confidential court services data under 
  3.5   section 13.84; 
  3.6      (6) private and confidential corrections data under section 
  3.7   13.85; 
  3.8      (7) private criminal history data under section 13.87; 
  3.9      (8) mental health data under chapter 245; 
  3.10     (9) private and confidential juvenile court records, court 
  3.11  administrator records, as well as peace officers, court 
  3.12  services, and corrections data of juveniles under chapters 260, 
  3.13  260B, and 260C; 
  3.14     (10) data collected under section 609.749, subdivision 6; 
  3.15  and 
  3.16     (11) private and confidential court records and court 
  3.17  administrator records. 
  3.18     (b) The court may grant the motion under paragraph (a) if: 
  3.19     (1) the department of corrections refers the case for 
  3.20  commitment as a sexual psychopathic personality or a sexually 
  3.21  dangerous person; or 
  3.22     (2) the court determines that there is good cause for the 
  3.23  county attorney to consider filing a petition for commitment as 
  3.24  a sexual psychopathic personality or a sexually dangerous person 
  3.25  and the person is required to register under section 243.166, 
  3.26  subdivision 1.