HF 1377

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to civil commitment; establishing a Predatory
Offender Screening Committee; providing for committee
access to offender data; permitting the establishment
of hearing judge and hearing attorney panels; amending
Minnesota Statutes 2004, sections 244.05, subdivision
7; 253B.185, by adding a subdivision; proposing coding
for new law in Minnesota Statutes, chapter 244.

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

Section 1.

Minnesota Statutes 2004, 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 sections 609.342 to 609.345 or sentenced as a
patterned offender under section 609.108, and determined by the
commissioner to be in a high risk category, the commissioner
shall new text begin request a recommendation from the Predatory Offender
Screening Committee established under section 244.0511 and new text end make
a preliminary determination whether, in the commissioner's
opinion, a petition under section 253B.185 may be appropriate.

(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 144.335,
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 county attorney in the county where the inmate was convicted
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 which 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 county attorney shall proceed in
the manner provided in section 253B.185. The commissioner shall
release to the county attorney all requested documentation
maintained by the department.

Sec. 2.

new text begin [244.0511] PREDATORY OFFENDER SCREENING
COMMITTEE.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin (a) A Predatory Offender
Screening Committee is established to make recommendations to
the commissioner regarding whether a petition under section
253B.185 may be appropriate when an inmate is released.
new text end

new text begin (b) The committee consists of the following members:
new text end

new text begin (1) a judge or retired judge appointed by the chief justice
of the Supreme Court; and
new text end

new text begin (2) two individuals who are licensed psychologists or
psychiatrists appointed by the commissioner of human services.
new text end

new text begin Subd. 2. new text end

new text begin Recommendation; access to data. new text end

new text begin At least six
months before the commissioner is required to make a
determination under section 244.05, subdivision 7, the
commissioner shall request a recommendation regarding the
determination from the committee established by subdivision 1.
The committee shall have access to the data described in section
244.05, subdivision 7, paragraph (b), in making its
recommendation. Within three months after receiving a request
from the commissioner, the screening committee shall forward its
recommendation to the commissioner along with a summary of its
reasons for the recommendation.
new text end

Sec. 3.

Minnesota Statutes 2004, section 253B.185, is
amended by adding a subdivision to read:

new text begin Subd. 8. new text end

new text begin Hearing panels. new text end

new text begin The Supreme Court may designate
a panel of district judges from the judicial districts to
conduct commitment proceedings under this section and provide
procedures for the assignment of judges to conduct them. The
Supreme Court may designate a panel of attorneys to represent
respondents in proceedings under this section and provide
procedures for their assignment.
new text end