Minnesota Legislature
HF 1320
as introduced - 87th Legislature (2011 - 2012) Posted on 03/29/2011 08:58am
Current Version - as introduced
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A bill for an act
relating to human services; establishing a sex offender civil commitment petition
screening panel for purposes of determining whether the civil commitment
of certain sex offenders is appropriate; requiring county payment of certain
expenses; providing for the identification and development of alternative
treatment facilities; providing for reduction in custody petitions for patients
in alternative programs or assisted living units; requiring implementation of
the statewide judicial panel for commitment proceedings regarding sexual
psychopathic personalities and sexually dangerous persons; providing for
consideration of alternatives to commitment or alternative treatment programs in
certain cases; including provisions governing a stay of commitment; amending
Minnesota Statutes 2010, sections 244.05, subdivision 7; 246B.10; 253B.095,
subdivisions 1, 2, 3; 253B.185, subdivisions 1, 4, 8, by adding a subdivision;
proposing coding for new law in Minnesota Statutes, chapters 246B; 253B.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2010, section 244.05, subdivision 7, is amended to read:
Subd. 7.
Sex offenders; civil commitment determination.
(a) Before the
commissioner releases from prison any inmate convicted under section 609.342,
609.343, 609.344, 609.345, or 609.3453, or sentenced as a patterned offender under
section 609.3455, subdivision 3a, and determined by the commissioner to be in a high
risk category, the commissioner shall make a preliminary determination whether, in
the commissioner's opinion, a petition under section 253B.185 may be appropriate.
The commissioner's opinion must be based on a recommendation of a Department
of Corrections screening committee deleted text begin and a legal review and recommendation from
independent counsel knowledgeable in the legal requirements of the civil commitment
process. The commissioner may retain a retired judge or other attorney to serve as
independent counseldeleted text end .
(b) In making this decision, the commissioner shall have access to the following data
only for the purposes of the assessment and referral decision:
(1) private medical data under section 13.384 or sections 144.291 to 144.298, or
welfare data under section 13.46 that relate to medical treatment of the offender;
(2) private and confidential court services data under section 13.84;
(3) private and confidential corrections data under section 13.85; and
(4) private criminal history data under section 13.87.
(c) If the commissioner determines that a petition may be appropriate, the
commissioner shall forward this determination, along with a summary of the reasons for
the determination, to the deleted text begin county attorney in the county where the inmate was convicteddeleted text end
new text begin sex offender civil commitment petition screening panel under section 253B.184 new text end no
later than 12 months before the inmate's release date. If the inmate is received for
incarceration with fewer than 12 months remaining in the inmate's term of imprisonment,
or if the commissioner receives additional information less than 12 months before
release that makes the inmate's case appropriate for referral, the commissioner shall
forward the determination as soon as is practicable. Upon receiving the commissioner's
preliminary determination, the deleted text begin county attorneydeleted text end new text begin petition screening panel new text end shall proceed in
the manner provided in section deleted text begin 253B.185deleted text end new text begin 253B.184new text end . The commissioner shall release to
the deleted text begin county attorneydeleted text end new text begin petition screening panel new text end all requested documentation maintained
by the department.
Sec. 2.
Minnesota Statutes 2010, section 246B.10, is amended to read:
246B.10 LIABILITY OF COUNTY; REIMBURSEMENT.
new text begin (a) new text end The civilly committed sex offender's county shall pay to the state a portion of the
cost of care provided in the Minnesota sex offender program to a civilly committed sex
offender 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 civilly
committed sex offender 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 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
(b) The county shall, out of local money, pay the state:
new text end
new text begin
(1) five percent of the cost of the housing, treatment, and supervision of individuals
who have received a stay of commitment under section 253B.095 or who have been
placed in an alternative facility under section 246B.20; or
new text end
new text begin
(2) 25 percent of costs for patients who do not have a conviction as an adult for a
sex offense, as defined in section 609.3457, subdivision 4.
new text end
Sec. 3.
new text begin
[246B.20] ALTERNATIVE FACILITIES.
new text end
new text begin
The commissioner of human services shall identify existing alternative settings to
which civilly committed sex offenders in the alternative program and assisted living
unit of the Minnesota sex offender program can be appropriately and safely transferred
or provisionally discharged or in which patients who are committed to an alternative
program under section 253B.185, subdivision 1c, may be placed. If existing alternative
facilities are insufficient in number or inadequate to provide for the care and supervision
of individuals being transferred or provisionally discharged, or for individuals who are
committed to an alternative program or whose commitment is stayed, the commissioner
shall develop and operate alternative facilities.
new text end
Sec. 4.
new text begin
[246B.30] PETITION FOR REDUCTION IN CUSTODY.
new text end
new text begin
The head of the treatment facility may exercise the authority under section
253B.185, subdivision 9, paragraph (c), to file a petition for a reduction in custody on
behalf of an individual in the alternative program or assisted living unit who does not
initiate a petition for a reduction in custody.
new text end
Sec. 5.
Minnesota Statutes 2010, section 253B.095, subdivision 1, is amended to read:
Subdivision 1.
Court release.
(a) After the hearing and before a commitment order
has been issued, the court may release a proposed patient to the custody of an individual or
agency upon conditions that guarantee the care and treatment of the patient.new text begin If the petition
is brought under section 253B.185, the patient must be released to the custody of the
commissioner of human services for the provision of treatment, services, and supervision
under the Minnesota sex offender program.
new text end
(b) A person against whom a criminal proceeding is pending may not be released.
(c) A continuance for dismissal, with or without findings, may be granted for up to
90 days.
(d) When the court stays an order for commitment for more than 14 days beyond the
date of the initially scheduled hearing, the court shall issue an order that must include:
(1) a written plan for services to which the proposed patient has agreed;
(2) a finding that the proposed treatment is available and accessible to the patient and
that public or private financial resources are available to pay for the proposed treatment;
(3) conditions the patient must meet to avoid revocation of the stayed commitment
order and imposition of the commitment order; and
(4) a condition that the patient is prohibited from giving consent to participate in a
clinical drug trial while the court order is in effect.
(e) Notwithstanding paragraph (d), clause (4), during the period of a stay of
commitment, the court may allow the patient to give consent to participate in a specific
psychiatric clinical drug trial if the treating psychiatrist testifies or submits an affidavit
that the patient may benefit from participating in the trial because, after providing other
treatment options for a reasonable period of time, those options have been ineffective.
The treating psychiatrist must not be the psychiatrist conducting the psychiatric clinical
drug trial. The court must determine that, under the circumstances of the case, the patient
is competent to choose to participate in the trial, that the patient is freely choosing to
participate in the trial, that the compulsion of the stayed commitment is not being used
to coerce the person to participate in the clinical trial, and that a reasonable person may
choose to participate in the clinical trial.
(f) A person receiving treatment under this section has all rights under this chapter.
Sec. 6.
Minnesota Statutes 2010, section 253B.095, subdivision 2, is amended to read:
Subd. 2.
Case manager.
When a court releases a patient under this section,
the court shall direct the case manager new text begin or, for petitions under section 253B.185, the
Minnesota sex offender program, new text end to report to the court at least once every 90 days and
shall immediately report a substantial failure of a patient or provider to comply with the
conditions of the release.
Sec. 7.
Minnesota Statutes 2010, section 253B.095, subdivision 3, is amended to read:
Subd. 3.
Duration.
new text begin (a) Except as provided in paragraph (b), new text end the maximum duration
of a stayed order under this section is six months. The court may continue the order for a
maximum of an additional 12 months if, after notice and hearing, under sections 253B.08
and 253B.09 the court finds that (1) the person continues to be mentally ill, chemically
dependent, or developmentally disabled, and (2) an order is needed to protect the patient
or others.
new text begin
(b) For a petition under section 253B.185, the stayed order may be for an
indeterminate period of time or for a period of time longer than those specified in
paragraph (a).
new text end
Sec. 8.
new text begin
[253B.184] SEX OFFENDER CIVIL COMMITMENT SCREENING
PANEL.
new text end
new text begin
(a) A sex offender civil commitment screening panel is established. The panel is
comprised of five members, to be appointed as follows:
new text end
new text begin
(1) two retired judges appointed by the chief justice of the Supreme Court;
new text end
new text begin
(2) two attorneys experienced in mental health and commitment law appointed by
the attorney general; and
new text end
new text begin
(3) one licensed psychologist or psychiatrist appointed by the commissioner of
human services.
new text end
new text begin
(b) The screening panel shall review a preliminary determination made by the
commissioner of corrections under section 244.05, subdivision 7, that a petition under
section 253B.185 may be appropriate and make a final determination as to whether the
county attorney may proceed with a petition under section 253B.185. The screening
panel shall notify the county attorney in the county where the inmate was convicted of its
determination under this section.
new text end
new text begin
(c) The screening panel has access to the data specified in section 244.05,
subdivision 7, paragraph (b), for purposes of making a determination under this section. If
the screening panel determines that the county attorney may proceed with a petition, the
screening panel shall release requested documentation to the county attorney, including
documentation created by the screening panel or received from the commissioner of
corrections.
new text end
Sec. 9.
Minnesota Statutes 2010, 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 petitionnew text begin ,
provided that the county attorney must not prepare a petition if the sex offender civil
commitment petition screening panel has made a determination under section 253B.184
that the county attorney must not proceed with a petition under this section. This limitation
does not apply if an inmate is released from prison and the petition is based on behavior
that occurs after the inmate is released or on information not known by the screening panel
when the panel made its determinationnew text end . deleted text begin The county attorney may request a prepetition
screening report.deleted text end The petition is to be executed by a person having knowledge of the facts
and filed with the deleted text begin 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 entereddeleted text end new text begin Supreme Court for referral to the statewide judicial panel
established under subdivision 4. If the proposed patient may qualify for an alternative
facility placement under subdivision 1c, the petition must include a statement to this effect
and request the court to order an evaluation of the proposed patient to determine the
most appropriate disposition and placementnew text end .
new text begin
(c) The county attorney may request a prepetition screening report. If the proposed
patient does not have a conviction as an adult for a sex offense, as defined in section
609.3457, subdivision 4, the county attorney shall request a prepetition screening report
and the report must identify and recommend alternatives to civil commitment under this
section. A petition for commitment under this section of a patient who does not have a
conviction as an adult for a sex offense must explain the alternatives to commitment that
were considered and whether these alternatives were pursued before the petition was filed.
new text end
deleted text begin (c)deleted text end new text begin (d) new text end Upon deleted text begin the filingdeleted text end new text begin receipt new text end of a petition alleging that a proposed patient is a
sexually dangerous person or is a person with a sexual psychopathic personality, the deleted text begin courtdeleted text end
new text begin presiding judge new text end shall hear the petition as provided in section 253B.18.
deleted text begin (d)deleted text end new text begin (e) new text end 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 safetynew text begin or the court determines that a stay of
commitment under section 253B.095 is appropriate or the patient should be placed in an
alternative program under subdivision 1cnew text end .
deleted text begin (e)deleted text end new text begin (f) 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. 10.
Minnesota Statutes 2010, section 253B.185, is amended by adding a
subdivision to read:
new text begin Subd. 1c. new text end
new text begin Alternative facility placements. new text end
new text begin
(a) This subdivision applies to a
proposed patient who is diagnosed as having a cognitive defect that may affect the patient's
ability to effectively participate in, or benefit from, a traditional treatment program
in a secure treatment facility or who, because of advanced age or physical disability,
could be effectively and safely managed in an alternative treatment facility or program.
For purposes of this subdivision, "cognitive defect" includes significantly subaverage
intellectual functioning existing concurrently with demonstrated deficits in adaptive
behavior, or compromised executive functioning evidenced by subaverage intellectual
functioning, learning disabilities, traumatic brain injury, or neurological impairment.
new text end
new text begin
(b) If the court determines that this subdivision applies to a proposed patient, the
court shall commit the patient to an alternative facility under section 246B.20 or, if
appropriate, issue a stay of commitment under section 253B.095. The court may commit
the patient to an alternative program in a secure treatment facility only if an alternative
facility is not available and a conditional release is not appropriate or if the court
determines that commitment to a secure treatment facility is necessary for public safety.
new text end
Sec. 11.
Minnesota Statutes 2010, section 253B.185, subdivision 4, is amended to read:
Subd. 4.
Statewide judicial panel; commitment proceedings.
(a) The Supreme
Court deleted text begin maydeleted text end new text begin shall new text end establish a panel of district judges with statewide authority to preside over
commitment proceedings of sexual psychopathic personalities and sexually dangerous
persons. Only one judge of the panel is required to preside over a particular commitment
proceeding. Panel members shall serve for one-year terms. One of the judges shall be
designated as the chief judge of the panel, and is vested with the power to designate the
presiding judge in a particular case, to set the proper venue for the proceedings, and to
otherwise supervise and direct the operation of the panel. The chief judge shall designate
one of the other judges to act as chief judge whenever the chief judge is unable to act.
(b) deleted text begin If the Supreme Court creates the judicial panel authorized by this section,deleted text end All
petitions for civil commitment brought under deleted text begin subdivision 1deleted text end new text begin this section new text end shall be filed with
the Supreme Court instead of with the district court in the county where the proposed
patient is presentdeleted text begin , notwithstanding any provision of subdivision 1 to the contrarydeleted text end .
Otherwise, all deleted text begin of thedeleted text end other applicable procedures contained in this chapter apply to
commitment proceedings conducted by a judge on the panel.
Sec. 12.
Minnesota Statutes 2010, section 253B.185, subdivision 8, is amended to read:
Subd. 8.
Petition and report required.
(a) Within 120 days of receipt of a
preliminary determination from a court under section 609.1351, or a deleted text begin referraldeleted text end new text begin determination
new text end from the deleted text begin commissioner of corrections pursuant to section 244.05, subdivision 7deleted text end new text begin sex
offender civil commitment screening panel under section 253B.184 that the county
attorney may proceed with a petitionnew text end , a county attorney shall determine whether good
cause under this section exists to file a petition, and if good cause exists, the county
attorney or designee shall file the petition with the court.
(b) Failure to meet the requirements of paragraph (a) does not bar filing a petition
under subdivision 1 any time the county attorney determines pursuant to subdivision 1
that good cause for such a petition exists.