HF 948

as introduced - 88th Legislature (2013 - 2014) Posted on 02/25/2013 02:33pm

A bill for an act
relating to human services; modifying provisional discharge for the Minnesota
sex offender program; modifying victim notification of discharge or release of
person in the Minnesota sex offender program; amending Minnesota Statutes
2012, sections 253B.18, subdivision 5a; 253B.185, subdivisions 10, 12, 13, 14,
14a; 253B.19, subdivision 3; 611A.06, subdivisions 1, 2.

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

ARTICLE 1

PROVISIONAL DISCHARGE

Section 1.

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, 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 new text begin proposed new text end conditions of the provisional discharge plan new text begin , as adopted or
modified by the judicial appeal panel under section 253B.19, new text end will provide a reasonable
degree of protection to the public and will enable the patient to adjust successfully to
the community.

Sec. 2.

Minnesota Statutes 2012, section 253B.185, subdivision 13, is amended to read:

Subd. 13.

Provisional discharge plan new text begin conditions new text end .

new text begin A petition for reduction in
custody under subdivision 9 that requests a provisional discharge must include a list of the
proposed conditions of provisional discharge. These conditions must be presented to the
special review board. The special review board may recommend additional or modified
conditions. The judicial appeal panel may grant provisional discharge upon conditions that
it determines necessary to ensure adequate adjustment and reasonable risk to the public. new text end 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.

Sec. 3.

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. new text begin When provisional discharge is granted by the judicial appeal panel,
the conditions of provisional discharge may only thereafter be changed by order of the
judicial appeal panel. Subsequent changes to the conditions of provisional discharge are
not subject to the reduction in custody procedures in subdivision 9. new text end 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.

Sec. 4.

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 special review board. The special review board shall review the circumstances
of the revocation and, after applying the standards in subdivision 15, paragraph (a), shall
recommend to the judicial appeal panel whether or not the revocation shall be upheld. The
board may recommend 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, new text begin any change to the terms of the conditions of provisional discharge
must be approved by the judicial appeal panel. A patient may remain at the Minnesota sex
offender program beyond 60 days without being subject to revocation if the reason for
the continued stay is solely the need for judicial appeal panel approval of changes to the
provisional discharge conditions. new text end The Minnesota sex offender program is not required to
petition for a further review by the special review board unless the patient's return to the
community results in substantive change to the existing provisional discharge plan.

Sec. 5.

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

Subd. 3.

Decision.

new text begin (a) new text end A majority of the judicial appeal panel shall rule upon the
petition. 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 (b) 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.

new text begin (c) new text end The judicial appeal panel may not grant a transfer or new text begin , for an appeal brought under
subdivision 2, paragraph (a), new text end provisional discharge on terms or conditions that were not
presented to the commissioner or the special review board.

new text begin (d) For a petition for provisional discharge before the judicial appeal panel under
subdivision 2, paragraph (b), if provisional discharge is granted, the order of the judicial
appeal panel shall include a list of the specific conditions of provisional discharge. The
conditions may be based upon those proposed by the patient, those proposed by any
party to the proceeding, or those proposed by the court. The conditions may be changed
only by further order of the judicial appeal panel. An order changing the conditions of
provisional discharge shall not be effective until 15 days after filing and is subject to
appeal under subdivision 5.
new text end

Sec. 6. new text begin EFFECTIVE DATE; APPLICATION.
new text end

new text begin Sections 1 to 5 are effective the day following final enactment. After the effective
date of sections 1 to 5, a judicial appeal panel order granting provisional discharge shall
specify and include provisional discharge conditions. The amendments in section 5 apply
to all pending petitions for provisional discharge originating under Minnesota Statutes,
section 253B.185, subdivision 9, after the effective date of that section, whether the
petitions are before the special review board or the judicial appeal panel. The amendments
do not apply to a petition for provisional discharge on which the judicial appeal panel has
issued an order on or before the date of final enactment.
new text end

new text begin A provisional discharge that has been granted by the judicial appeal panel based
upon a provisional discharge plan on or before the effective date of sections 1 to 5
continues in full force and effect. Any subsequent request to change the terms of the
provisional discharge plan shall be filed directly with the judicial appeal panel. The panel's
order disposing of the request shall specify the conditions of provisional discharge and
thereafter replace the provisional discharge plan upon the order becoming effective. An
order under this paragraph becomes effective 15 days after it is filed and is subject to the
provisions of Minnesota Statutes, section 253B.19, subdivision 5, regarding appeal.
new text end

ARTICLE 2

VICTIM NOTIFICATION

Section 1.

Minnesota Statutes 2012, 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 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.185; 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.185 that an act or
acts constituting a crime occurred.

(b) A county attorney who files a petition to commit a person under this section
or section 253B.185 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 new text begin . The head of the treatment facility
shall further notify any victim of the result of a special review board or judicial appeal
panel proceeding on a petition for reduction in custody. The head of the treatment facility
shall notify any victim new text end 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 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 deleted text begin electronic deleted text end new text begin Web-based new text end victim notification system, or by
contacting, in writing, the county attorney in the county where the conviction for the
crime occurred. A request for notice under this subdivision received by the commissioner
of corrections through the Department of Corrections deleted text begin electronic deleted text end new text begin Web-based new text end 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) 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 5 or section
253B.185, subdivision 10.

Sec. 2.

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, 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 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 deleted text begin electronic deleted text end new text begin Web-based new text end 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 deleted text begin electronic deleted text end new text begin Web-based
new text end 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. 3.

Minnesota Statutes 2012, section 611A.06, subdivision 1, is amended to read:

Subdivision 1.

Notice of release required.

The commissioner of corrections or
other custodial authority shall make a good faith effort to notify the victim that the offender
is to be released from imprisonment or incarceration, including release on extended
furlough and for work release; released from a juvenile correctional facility; released from
a facility in which the offender was confined due to incompetency, mental illness, or
mental deficiency, or commitment under section 253B.18 or 253B.185; or if the offender's
custody status is reduced, if the victim has mailed to the commissioner of corrections or
to the head of the facility in which the offender is confined a written request for this
notice, or the victim has made a request for this notice to the commissioner of corrections
through the Department of Corrections deleted text begin electronic deleted text end new text begin Web-based new text end victim notification system.
The good faith effort to notify the victim must occur prior to the offender's release or
when the offender's custody status is reduced. For a victim of a felony crime against the
person for which the offender was sentenced to imprisonment for more than 18 months,
the good faith effort to notify the victim must occur 60 days before the offender's release.
new text begin For a victim who has requested notification under section 253B.185, subdivision 10, the
good-faith effort to notify the victim must occur within seven days of the issuance of an
order for discharge, provisional discharge, or transfer out of a secure facility.
new text end

Sec. 4.

Minnesota Statutes 2012, section 611A.06, subdivision 2, is amended to read:

Subd. 2.

Contents of notice.

The notice given to a victim of a crime against a
person must include the conditions governing the offender's release, and either the identity
of the corrections agent who will be supervising the offender's release or a means to
identify the court services agency that will be supervising the offender's release. The
commissioner or other custodial authority complies with this section upon mailing the
notice of impending release to the victim at the address which the victim has most recently
provided to the commissioner or authority in writing, or by providing electronic notice to
the victim who requested this notice through the Department of Corrections deleted text begin electronic
deleted text end new text begin Web-based new text end victim notification system.