HF 1139

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/18/2013 04:48pm

A bill for an act
relating to human services; providing for a prevention of sexual violence working
group; modifying provisions related to the Minnesota sex offender program;
providing for sexual violence prevention demonstration grants; requiring a
public education campaign; modifying the Civil Commitment Act; providing
for a report; appropriating money; amending Minnesota Statutes 2012, section
253B.185, subdivision 1, by adding subdivisions.

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

ARTICLE 1

SEXUAL VIOLENCE PREVENTION

Section 1. new text begin TITLE.
new text end

new text begin This act shall be known as the "Sexual Violence Prevention and Civil Commitment
Reform Act of 2013."
new text end

Sec. 2. new text begin PREVENTION OF SEXUAL VIOLENCE WORKING GROUP.
new text end

new text begin Subdivision 1. new text end

new text begin Creation; duties; recommendations. new text end

new text begin (a) The commissioner of
health shall convene a prevention of sexual violence working group. At a minimum,
the working group shall:
new text end

new text begin (1) maintain an inventory of existing state programs and services that have an impact
on sexual violence prevention;
new text end

new text begin (2) establish goals and strategic objectives for the prevention of sexual violence; and
new text end

new text begin (3) coordinate implementation of existing state programs and services to achieve
these goals and objectives.
new text end

new text begin (b) The working group shall base its actions and recommendations on:
new text end

new text begin (1) evidence-informed research and professional best practices;
new text end

new text begin (2) consultation with professional associations, community associations, and
providers, including, but not limited to, those with experience in public health, health,
criminal justice, judiciary, corrections, or victim services; and
new text end

new text begin (3) the Minnesota Department of Health Five-Year Sexual Violence Prevention Plan.
new text end

new text begin The working group may give priority consideration to the immediate and long-term
benefits of reducing the impact of sexual violence on children and youth.
new text end

new text begin (c) The commissioner must convene the first meeting of this working group by
August 1, 2013. The working group is subject to Minnesota Statutes, section 15.059.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin The working group consists of the following members
or their designees:
new text end

new text begin (1) the commissioner of health;
new text end

new text begin (2) the commissioner of human services;
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new text begin (3) the commissioner of public safety;
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new text begin (4) the commissioner of corrections;
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new text begin (5) the commissioner of education;
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new text begin (6) the commissioner of human rights;
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new text begin (7) the commissioner of administration; and
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new text begin (8) representatives from other state agencies or commissions as designated by the
governor.
new text end

new text begin Subd. 3. new text end

new text begin Consultation. new text end

new text begin The working group may consult with professional
associations, community associations, nonprofit organizations, providers, advocates,
and members of the legislature. These consultations may include, but are not limited to,
advisory committees, community conferences, workshops, and forums.
new text end

new text begin Subd. 4. new text end

new text begin Reports. new text end

new text begin (a) By February 1, 2014, the working group shall submit an
initial report, in coordination with the governor, to summarize its key deliberations and
initiatives to the chairs and ranking minority members of the house of representatives and
senate committees with jurisdiction over public safety, public health, judiciary, human
services, education, and state governmental operations.
new text end

new text begin (b) The working group may propose recommendations to the governor for new
state policies, programs, or services to advance the goals and objectives identified under
subdivision 1, and comment on proposals for new state policies, programs, or services
initiated by the legislature or state agencies or commissions.
new text end

new text begin Subd. 5. new text end

new text begin Expiration. new text end

new text begin This working group expires June 30, 2016.
new text end

Sec. 3. new text begin SEXUAL VIOLENCE PREVENTION DEMONSTRATION
PARTNERSHIP GRANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin As used in this section, "community sexual violence
prevention partnership" is an alliance of local governments, colleges and universities,
school districts, and nonprofit, civic, and business groups organized for the purpose of
sexual violence prevention, including, but not limited to, entities with experience in public
health, health, criminal justice, judiciary, corrections, or victim services.
new text end

new text begin Subd. 2. new text end

new text begin Community sexual violence prevention partnership demonstration
grants. new text end

new text begin (a) The commissioner of health shall award competitive grants to community
health boards established pursuant to Minnesota Statutes, section 145A.09, and tribal
governments to fund partnerships. The commissioner shall award up to five grants per
year, taking into account geographic balance.
new text end

new text begin (b) Grants may be used for the following activities:
new text end

new text begin (1) improving the coordination of existing programs, services, and activities that
support sexual violence prevention;
new text end

new text begin (2) initiating new programs, services, and activities that support sexual violence
prevention;
new text end

new text begin (3) supporting outreach, education, and technical assistance for other localities
seeking to undertake similar programs, services, and activities; and
new text end

new text begin (4) supporting the reporting and evaluation of sexual violence.
new text end

new text begin Grant recipients shall give priority consideration to the immediate and long-term benefits
of reducing the impact of sexual violence on children and youth.
new text end

new text begin (c) To receive a grant under this section, community health boards and tribal
governments must:
new text end

new text begin (1) submit proposals to the commissioner;
new text end

new text begin (2) collaborate with one or more local nonprofit or government agencies that receive
sexual assault advocate grants from the Department of Public Safety Office of Justice
Programs;
new text end

new text begin (3) demonstrate that grant activities are:
new text end

new text begin (i) based on evidence informed by research and professional best practices for sexual
violence prevention;
new text end

new text begin (ii) based on assessment of community sexual violence prevention need and capacity;
new text end

new text begin (iii) based on community input; and
new text end

new text begin (iv) consistent with the Department of Health Five-Year Sexual Violence Prevention
Plan; and
new text end

new text begin (4) provide a local match of ten percent of the total funding allocation.
new text end

new text begin The local match may include grants or donations from federal or private entities expressly
for the purposes of this grant.
new text end

new text begin (d) The commissioner may award grants under this section to a community health
board or tribal government for a term of up to, but not to exceed, 60 consecutive months,
based upon the availability of state or federal funds to support the purposes of these grants.
new text end

new text begin Subd. 3. new text end

new text begin Technical assistance. new text end

new text begin The commissioner shall contract with private or
nonprofit providers to deliver technical assistance services to grant recipients.
new text end

Sec. 4. new text begin APPROPRIATIONS.
new text end

new text begin (a) $100,000 each year is appropriated to the commissioner of health for working
group administration and activities. The commissioner may solicit and accept contributions
from government or private entities to hire staff or consultants to fund the working group.
new text end

new text begin (b) $750,000 each year is appropriated to the commissioner of health to fund
community sexual violence prevention partnership demonstration grants. The
commissioner may use up to six percent of this appropriation for administration and up to
six percent of this appropriation for technical assistance.
new text end

ARTICLE 2

STRICT AND INTENSIVE SUPERVISION AND TREATMENT AND
PUBLIC EDUCATION CAMPAIGN

Section 1. new text begin STRICT AND INTENSIVE SUPERVISION AND TREATMENT.
new text end

new text begin The commissioner of human services shall ensure there are an adequate number
of facilities that provide strict and intensive supervision and treatment for individuals
civilly committed under Minnesota Statutes, section 253B.185, who are court-ordered
to strict and intensive supervision and treatment placement. The facilities must meet
public safety requirements as specified by the commissioners of human services, public
safety, and corrections, and ensure the safety of the public while meeting the treatment
needs of the civilly committed population. The commissioner shall use the information
resulting from the January 2013 request for information to determine existing capacity for
a range of options for facilities, and treatment that is effective and appropriate and allows
progression. If the capacity is insufficient, the commissioner shall develop or contract to
provide additional facilities, services, and treatment to meet the need.
new text end

Sec. 2. new text begin EDUCATION RELATING TO SEX OFFENDER CIVIL COMMITMENT
PROCEDURAL CHANGES.
new text end

new text begin The commissioner of human services shall develop and provide education to judges
and court staff, county attorneys and other lawyers, and court-appointed examiners about
the civil commitment procedural changes under this article and the strict and intensive
supervision and treatment under section 1.
new text end

Sec. 3. new text begin PUBLIC EDUCATION CAMPAIGN.
new text end

new text begin The commissioner of human services shall develop a public education campaign
informing the general public about the 2012 class action lawsuit relating to the Minnesota
sex offender program (MSOP), the court's rulings, including the order from the court
establishing the Sex Offender Civil Commitment Advisory Task Force and the work of
the task force, and the response by the legislature resulting in the legislation in this bill.
The public education campaign must be a statewide effort to educate Minnesotans on
the process of civilly committing sex offenders and the emerging policy in response to
the court's decisions, and related issues.
new text end

ARTICLE 3

CIVIL COMMITMENT MODIFICATIONS

Section 1.

Minnesota Statutes 2012, 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 petition.
The county attorney may request a prepetition screening report. The petition is to be
executed by a person having knowledge of the facts and filed with the 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 entered.

(c) Upon the filing of a petition alleging that a proposed patient is a sexually
dangerous person or is a person with a sexual psychopathic personality, the court shall
hear the petition as provided in deleted text begin section 253B.18, except that section 253B.18, subdivisions
2 and 3, shall not apply deleted text end new text begin sections 253B.07 and 253B.08 new text end .

new text begin If the court finds by clear and convincing evidence that the proposed patient is a sexually
dangerous person or is a person with a sexual psychopathic personality, the court shall
commit the person to the commissioner to place in a secure treatment facility for
evaluation and proposed disposition.
new text end

(d) deleted text begin 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 safety. deleted text end new text begin Within 60 days following commitment and
receipt of the patient, a qualified person or persons designated by the commissioner
shall evaluate the patient, consider possible dispositions, and file a written disposition
report with the committing court. If the person is in the custody of the commissioner of
corrections when the commitment is ordered under paragraph (c), the written disposition
report must be filed no later than 60 days after the person is admitted to the secure
treatment facility. The commissioner may request that the court grant an extension of the
60-day deadline, which may be granted for good cause after opportunity for objection by
the patient and the county attorney. The disposition report shall recommend whether
the person should be placed on strict and intensive supervision and treatment or in a
secure treatment facility. If the recommendation is for placement on strict and intensive
supervision and treatment, the report shall specifically describe the conditions that the
program determines would be best suited to meet the person's treatment needs and the
requirements of public safety. Within 30 days after receiving the disposition report, unless
otherwise agreed by the parties, the court shall hold a hearing to make a final determination
as to the appropriate disposition of the case. If the disposition report recommends
placement on strict and intensive supervision and treatment, either party or the court may
request the court examiners to address the sufficiency and conditions of the plan.
new text end

(e) 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. 2.

Minnesota Statutes 2012, section 253B.185, is amended by adding a
subdivision to read:

new text begin Subd. 1c. new text end

new text begin Strict and intensive supervision and treatment. new text end

new text begin (a) If a specific plan
for strict and intensive supervision and treatment is proposed, the court shall commit the
person to strict and intensive supervision and treatment unless the petitioner proves by a
preponderance of the evidence that the plan is not sufficient to meet the person's treatment
needs or the requirements of public safety.
new text end

new text begin (b) If the court finds that strict and intensive supervision and treatment is appropriate,
the court shall notify the Minnesota sex offender program, which must prepare a plan
that identifies the treatment and services for the patient including recommendations
regarding the conditions of strict and intensive supervision and treatment. The plan must
be presented to the court for its approval within 60 days after the court finds that strict
and intensive supervision and treatment is appropriate, unless the program or the patient
request additional time to develop the plan and the court determines there is good cause to
allow an extension for a specified period.
new text end

new text begin (c) An order for strict and intensive supervision and treatment places the patient
in the custody and control of the commissioner of human services for the provision of
treatment, services, and supervision under the Minnesota sex offender program and the
patient is subject to the conditions set by the court and the program, which must ensure the
safety of the public while meeting the treatment needs of the civilly committed patient.
new text end

new text begin (d) If the program determines that a patient under this subdivision has violated a
condition under paragraph (c) or is exhibiting behavior that may be dangerous to self or
others or that the interests of public safety require that strict and intensive supervision
and treatment placement be revoked, the program may request the court to issue an
emergency ex parte order directing a law enforcement agency to take the person into
custody and transport the person to a Department of Corrections or county correctional
or detention facility or a secure treatment facility. The county attorney or the program
shall submit a statement showing probable cause for the detention and submit a petition
to revoke the strict and intensive supervision and treatment order within 48 hours after
the detention. The court shall hear the petition within 30 days, unless the hearing or
deadline is waived by the patient. If the court determines that a condition of the strict and
intensive supervision and treatment placement has been violated or that the safety of the
patient or others requires that the strict and intensive supervision and treatment placement
be revoked, the court shall revoke the strict and intensive supervision and treatment
placement and order an appropriate commitment placement under this section.
new text end

new text begin (e) This subdivision does not affect or replace any applicable registration
requirements under section 243.166 or notice requirements under sections 244.052 and
244.053.
new text end

Sec. 3.

Minnesota Statutes 2012, section 253B.185, is amended by adding a
subdivision to read:

new text begin Subd. 9a. new text end

new text begin Annual review of placement level. new text end

new text begin (a) The commissioner shall appoint
an examiner to conduct a reexamination of the mental condition of a person committed
under this section within 12 months after the date of the initial commitment order and
again thereafter at least once each 12 months to determine whether the person has made
sufficient progress for the judicial appeal panel to consider whether the person's placement
should be modified. At the time of a reexamination under this section, the person who has
been committed may retain or have the commissioner appoint an examiner.
new text end

new text begin (b) Any examiner conducting a reexamination under paragraph (a) shall prepare
a written report of the reexamination no later than 30 days after the date of the
reexamination. The report must examine and assess the patient's:
new text end

new text begin (1) progress toward treatment goals;
new text end

new text begin (2) risk to the public; and
new text end

new text begin (3) suitability for an alternative placement that balances the patient's continued
treatment needs and public safety. The examiner shall provide a copy of the report to the
county attorneys of the committing county and the county of financial responsibility, the
commissioner, and the judicial appeal panel.
new text end

new text begin (c) Notwithstanding paragraph (a), the court that committed a person under this
section may order a reexamination of the person at any time during the period in which the
person is subject to the commitment order. The reexamination shall then be conducted
pursuant to this subdivision.
new text end

new text begin (d) At any reexamination under paragraph (a), the treating professional shall prepare
a treatment progress report. The treating professional shall provide a copy of the treatment
progress report to the commissioner. The treatment progress report shall consider all of
the following:
new text end

new text begin (1) the specific factors associated with the person's risk for committing another
sexually violent offense;
new text end

new text begin (2) whether the person has made significant progress in treatment or has refused
treatment;
new text end

new text begin (3) the ongoing treatment needs of the person; and
new text end

new text begin (4) any specialized needs or conditions associated with the person that must be
considered in future treatment planning.
new text end

new text begin (e) Any examiners under paragraph (a) and treating professionals under paragraph
(d) shall have reasonable access to the person for purposes of reexamination, to the
person's past and present treatment records, and to the person's patient health care records.
new text end

new text begin (f) The commissioner shall submit an annual report comprised of the reexamination
report under paragraph (a) and the treatment progress report under paragraph (d) to the
judicial appeal panel. A copy of the annual report shall be placed in the person's treatment
records. The commissioner shall provide a copy of the annual report to the patient and
the county attorneys of the committing county and the county of financial responsibility.
The panel shall provide a copy of the annual report to the patient's attorney as soon as the
attorney is retained or appointed.
new text end

new text begin (g) If a person committed under this section is incarcerated for a new criminal
charge or conviction, any reporting requirement under paragraphs (a), (d), or (f) does
not apply during the incarceration period. A court may order a reexamination of the
person under paragraph (c) if the court finds reexamination to be necessary. The required
reports shall be due 12 months after the person is returned to the custody and control of
the commissioner of human services under the Minnesota sex offender program.
new text end

new text begin (h) Failure to complete or file any required report within the specified time period
does not affect the validity of the person's continuing commitment.
new text end