Minnesota Legislature
HF 3511
as introduced - 86th Legislature (2009 - 2010) Posted on 03/08/2010 11:35am
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 03/08/2010 |
Current Version - as introduced
1.9 1.10 1.11 1.12 1.13 1.14 1.15
1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 2.1 2.2
2.3 2.4 2.5 2.6
2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15
2.16 2.17 2.18 2.19 2.20 2.21 2.22
2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32
3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26
3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34 3.35 4.1 4.2 4.3 4.4 4.5 4.6
4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16
4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26
4.27 4.28 4.29 4.30 4.31 4.32 4.33 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31
5.32 5.33 5.34 5.35 6.1 6.2 6.3 6.4
6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14
6.15 6.16 6.17 6.18 6.19 6.20
6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29
6.30 6.31 7.1 7.2 7.3
7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12
7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33 7.34
8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13
A bill for an act
relating to human services; modifying definitions in sex offender program;
amending Minnesota Statutes 2008, section 246B.01, by adding a subdivision;
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.
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.
deleted text begin Clientdeleted text end new text begin Civilly committed sex offendernew text end .
deleted text begin "Client"deleted text end new text begin "Civilly committed
sex offender"new text end means a person who is admitted to the Minnesota sex offender program
deleted text begin or subject to a court hold orderdeleted text end under section 253B.185 for 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.
deleted text begin Client'sdeleted text end new text begin Civilly committed sex offender'snew text end county.
deleted text begin "Client'sdeleted text end new text begin "Civilly
committed sex offender'snew text end county" means the county of the deleted text begin client'sdeleted text end new text begin civilly committed sex
offender's new text end legal settlement for poor relief purposes at the time of commitment. If the
deleted text begin clientdeleted text end new text begin civilly committed sex offendernew text end has no legal settlement for poor relief in this state,
it means the county of commitment, except that when a deleted text begin clientdeleted text end new text begin civilly committed sex
offendernew text end with no legal settlement for poor relief is committed while serving a sentence
at a penal institution, it means the county from which the deleted text begin clientdeleted text end new text begin civilly committed sex
offendernew text end was sentenced.
Sec. 3.
Minnesota Statutes 2008, section 246B.01, is amended by adding a subdivision
to read:
new text begin Subd. 1c. new text end
new text begin Judicial hold. new text end
new text begin
"Judicial hold" means any person who is subject to a
judicial hold order under section 253B.185.
new text end
Sec. 4.
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 assist deleted text begin clientsdeleted text end new text begin civilly committed sex offendersnew text end in developing the appropriate
skills and resources necessary for an eventual successful reintegration into a community.
A deleted text begin clientdeleted text end new text begin civilly committed sex offendernew text end may be placed in community preparation services
only upon an order of the judicial appeal panel under section 253B.19.
Sec. 5.
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 the deleted text begin client'sdeleted text end new text begin civilly committed sex offender'snew text end county 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 a deleted text begin clientdeleted text end new text begin civilly committed sex offendernew text end .
Sec. 6.
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 to deleted text begin clientsdeleted text end new text begin civilly committed sex
offendersnew text end as defined in section 246B.01, subdivision 1a. Services may include specialized
programs at secure treatment facilities as defined in section 253B.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. 7.
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 treating deleted text begin clientsdeleted text end new text begin civilly committed
sex offendersnew text end ;
(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. 8.
Minnesota Statutes 2009 Supplement, section 246B.03, subdivision 3, is
amended to read:
Subd. 3.
deleted text begin Clientdeleted text end new text begin Civilly committed sex offendernew text end grievance resolution process.
(a) The executive director shall establish a grievance policy and related procedures
that address and attempt to resolve deleted text begin clientdeleted text end new text begin civilly committed sex offendernew text end concerns and
complaints. The grievance resolution process must include procedures for assessing
or investigating a deleted text begin client'sdeleted text end new text begin civilly committed sex offender'snew text end concerns or complaints, for
attempting to resolve issues informally, and for appealing for a review and determination
by the executive director or designee.
(b) Any deleted text begin clientdeleted text end new text begin civilly committed sex offendernew text end who believes a right that is applicable
to deleted text begin a clientdeleted text end new text begin an individualnew text end under section 144.651 has 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 section 144.652.
Sec. 9.
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 section 241.065, as
necessary for the administration and management of current deleted text begin Minnesota sex offender
clientsdeleted text end new text begin civilly committed sex offendersnew text end for 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. 10.
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. The deleted text begin vocationdeleted text end new text begin vocational new text end work program is an extension of
therapeutic treatment in order for deleted text begin clientsdeleted text end new text begin civilly committed sex offendersnew text end to 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. 11.
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 treatment deleted text begin clientsdeleted text end new text begin for civilly committed sex offendersnew text end
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 for deleted text begin clientsdeleted text end new text begin civilly committed sex offendersnew text end consistent with the requirements in
section 246B.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 deleted text begin patients ofdeleted text end new text begin
individuals innew text end the 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 the deleted text begin clientsdeleted text end new text begin civilly committed sex offendersnew text end as 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 the deleted text begin clientsdeleted text end new text begin civilly committed sex offendersnew text end , 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, utilize deleted text begin clientdeleted text end new text begin civilly committed sex offendernew text end
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 the deleted text begin clientsdeleted text end new text begin civilly committed sex offendersnew text end and 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. 12.
Minnesota Statutes 2009 Supplement, section 246B.06, subdivision 6, is
amended to read:
Subd. 6.
Wages.
Notwithstanding section 177.24 or any other law to the contrary,
the commissioner of human services has the discretion to set the pay rate for deleted text begin clientsdeleted text end new text begin
individualsnew text end participating in the vocational work program. The commissioner has the
authority to retain up to 50 percent of any payments made to deleted text begin a clientdeleted text end new text begin an individualnew text end
participating in the vocational work program for the purpose of reducing state costs
associated with operating the Minnesota sex offender program.
Sec. 13.
Minnesota Statutes 2009 Supplement, section 246B.06, subdivision 7, is
amended to read:
Subd. 7.
Status of deleted text begin clientsdeleted text end new text begin civilly committed sex offendersnew text end .
deleted text begin Clientsdeleted text end new text begin Civilly
committed sex offendersnew text end participating 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 sections 177.21 to 177.35; workers
compensation under sections 176.011 to 176.862; the Minnesota Human Rights Act under
sections 363A.001 to 363A.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. 14.
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 deleted text begin clientdeleted text end new text begin
civilly committed sex offendernew text end while that deleted text begin clientdeleted text end new text begin individualnew text end is 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 section 3.738.
Sec. 15.
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, the deleted text begin clientdeleted text end new text begin civilly committed sex
offendernew text end is able to pay. The deleted text begin clientdeleted text end new text begin civilly committed sex offendernew text end shall 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 the deleted text begin clientdeleted text end new text begin civilly committed sex offendernew text end liable for the full cost of care until the time
when sufficient information is provided.
Sec. 16.
Minnesota Statutes 2009 Supplement, section 246B.07, subdivision 2, is
amended to read:
Subd. 2.
Rules.
The commissioner shall use the standards in section 246.51,
subdivision 2, to determine the deleted text begin client'sdeleted text end new text begin civilly committed sex offender'snew text end liability for the
care provided by the Minnesota sex offender program.
Sec. 17.
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 the deleted text begin clientdeleted text end new text begin civilly committed sex offendernew text end or
the guardian of the estate, if there is one, requiring the deleted text begin clientdeleted text end new text begin civilly committed sex offendernew text end
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 a deleted text begin clientdeleted text end new text begin civilly committed sex offendernew text end fails 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. 18.
Minnesota Statutes 2009 Supplement, section 246B.09, is amended to read:
246B.09 CLAIM AGAINST ESTATE OF DECEASED deleted text begin CLIENTdeleted text end new text begin CIVILLY
COMMITTED SEX OFFENDERnew text end .
Subdivision 1.
deleted text begin Client'sdeleted text end Estatenew text begin of a civilly committed sex offendernew text end .
Upon the
death of a deleted text begin clientdeleted text end new text begin civilly committed sex offendernew text end , or a former deleted text begin clientdeleted text end new text begin civilly committed sex
offendernew text end , the total cost of care provided to the deleted text begin clientdeleted text end new text begin individualnew text end , less the amount actually
paid toward the cost of care by the deleted text begin clientdeleted text end new text begin civilly committed sex offendernew text end , must be filed by
the commissioner as a claim against the estate of the deleted text begin clientdeleted text end new text begin civilly committed sex offendernew text end
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 section 524.3-805.
If the commissioner determines that the property or estate of a deleted text begin clientdeleted text end new text begin civilly
committed sex offendernew text end is not more than needed to care for and maintain the spouse and
minor or dependent children of a deceased deleted text begin clientdeleted text end new text begin civilly committed sex offendernew text end , 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 deleted text begin clientdeleted text end new text begin
civilly committed sex offendernew text end or former deleted text begin clientdeleted text end new text begin civilly committed sex offendernew text end must not
apply to any claim against an estate made under this section to recover cost of care.
Sec. 19.
Minnesota Statutes 2009 Supplement, section 246B.10, is amended to read:
246B.10 LIABILITY OF COUNTY; REIMBURSEMENT.
The deleted text begin client'sdeleted text end new text begin civilly committed sex offender'snew text end county shall pay to the state a portion
of the cost of care provided in the Minnesota sex offender program to a deleted text begin clientdeleted text end new text begin civilly
committed sex offendernew text end who 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
the deleted text begin clientdeleted text end new text begin civilly committed sex offendernew text end spends 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 the deleted text begin clientdeleted text end new text begin civilly committed sex offendernew text end , the deleted text begin client'sdeleted text end new text begin civilly committed sex offender'snew text end
estate, or from the deleted text begin client'sdeleted text end new text begin civilly committed sex offender'snew text end relatives, except as provided
in section 246B.07.