2004 Minnesota Statutes

     253B.185 Procedures for commitment of persons with 
  sexual psychopathic personalities and sexually dangerous persons.

    Subdivision 1.    General.  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.  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 committing 
 court of the county in which the patient has a settlement or 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.  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 section 253B.18.  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. 

    Subd. 1a.    Temporary confinement.  During any hearing 
 held under this section, or pending emergency revocation of a 
 provisional discharge, the court may order the patient or 
 proposed patient temporarily confined in a jail or lockup but 
 only if: 

    (1) there is no other feasible place of confinement for the 
 patient within a reasonable distance; 

    (2) the confinement is for less than 24 hours or, if during 
 a hearing, less than 24 hours prior to commencement and after 
 conclusion of the hearing; and 

    (3) there are protections in place, including segregation 
 of the patient, to ensure the safety of the patient. 

    Subd. 1b.    County attorney access to data.  
 Notwithstanding sections 144.335; 245.467, subdivision 6; 
 245.4876, subdivision 7; 260B.171; 260B.235, subdivision 8; 
 260C.171; and 609.749, subdivision 6, or any provision of 
 chapter 13 or other state law, prior to filing a petition for 
 commitment as a sexual psychopathic personality or as a sexually 
 dangerous person, and upon notice to the proposed patient, the 
 county attorney or the county attorney's designee may move the 
 court for an order granting access to any records or data, to 
 the extent it relates to the proposed patient, for the purpose 
 of determining whether good cause exists to file a petition and, 
 if a petition is filed, to support the allegations set forth in 
 the petition. 

    The court may grant the motion if:  (1) the Department of 
 Corrections refers the case for commitment as a sexual 
 psychopathic personality or a sexually dangerous person; or (2) 
 upon a showing that the requested category of data or records 
 may be relevant to the determination by the county attorney or 
 designee.  The court shall decide a motion under this 
 subdivision within 48 hours after a hearing on the motion.  
 Notice to the proposed patient need not be given upon a showing 
 that such notice may result in harm or harassment of interested 
 persons or potential witnesses. 

    Data collected pursuant to this subdivision shall retain 
 their original status and, if not public, are inadmissible in 
 any court proceeding unrelated to civil commitment, unless 
 otherwise permitted. 

    Subd. 2.    Transfer to correctional facility.  (a) If a 
 person has been committed under this section and later is 
 committed to the custody of the commissioner of corrections for 
 any reason, including but not limited to, being sentenced for a 
 crime or revocation of the person's supervised release or 
 conditional release under section 244.05, 609.108, subdivision 
 6, or 609.109, subdivision 7, the person shall be transferred to 
 a facility designated by the commissioner of corrections without 
 regard to the procedures provided in section 253B.18. 

    (b) If a person is committed under this section after a 
 commitment to the commissioner of corrections, the person shall 
 first serve the sentence in a facility designated by the 
 commissioner of corrections.  After the person has served the 
 sentence, the person shall be transferred to a treatment program 
 designated by the commissioner of human services. 

    Subd. 3.    Not to constitute defense.  The existence in 
 any person of a condition of a sexual psychopathic personality 
 or the fact that a person is a sexually dangerous person shall 
 not in any case constitute a defense to a charge of crime, nor 
 relieve such person from liability to be tried upon a criminal 
 charge. 

    Subd. 4.    Statewide judicial panel; sexual psychopathic 
 personality and sexually dangerous persons commitments.  (a) 
 The Supreme Court may 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) If the Supreme Court creates the judicial panel 
 authorized by this section, all petitions for civil commitment 
 brought under subdivision 1 shall be filed with the supreme 
 court instead of with the district court in the county where the 
 proposed patient is present, notwithstanding any provision of 
 subdivision 1 to the contrary.  Otherwise, all of the other 
 applicable procedures contained in this chapter apply to 
 commitment proceedings conducted by a judge on the panel. 

    Subd. 5.    Financial responsibility.  (a) For purposes 
 of this subdivision, "state facility" has the meaning given in 
 section 246.50. 

    (b) Notwithstanding sections 246.54, 253B.045, and any 
 other law to the contrary, when a petition is filed for 
 commitment under this section pursuant to the notice required in 
 section 244.05, subdivision 7, the state and county are each 
 responsible for 50 percent of the cost of the person's 
 confinement at a state facility or county jail, prior to 
 commitment. 

    (c) The county shall submit an invoice to the state court 
 administrator for reimbursement of the state's share of the cost 
 of confinement. 

    (d) Notwithstanding paragraph (b), the state's 
 responsibility for reimbursement is limited to the amount 
 appropriated for this purpose. 

    Subd. 6.    Aftercare and case management.  The state, 
 in collaboration with the designated agency, is responsible for 
 arranging and funding the aftercare and case management services 
 for persons under commitment as sexual psychopathic 
 personalities and sexually dangerous persons discharged after 
 July 1, 1999. 

    Subd. 7.    Rights of patients committed under this 
 section.  (a) The commissioner or the commissioner's designee 
 may limit the statutory rights described in paragraph (b) for 
 patients committed to the Minnesota sex offender program under 
 this section or with the commissioner's consent under section 
 246B.02.  The statutory rights described in paragraph (b) may be 
 limited only as necessary to maintain a therapeutic environment 
 or the security of the facility or to protect the safety and 
 well-being of patients, staff, and the public. 

    (b) The statutory rights that may be limited in accordance 
 with paragraph (a) are those set forth in section 144.651, 
 subdivision 19, personal privacy; section 144.651, subdivision 
 21, private communications; section 144.651, subdivision 22, 
 retain and use of personal property; section 144.651, 
 subdivision 25, manage personal financial affairs; section 
 144.651, subdivision 26, meet with visitors and participate in 
 groups; section 253B.03, subdivision 2, correspond with others; 
 and section 253B.03, subdivision 3, receive visitors and make 
 telephone calls.  Other statutory rights enumerated by sections 
 144.651 and 253B.03, or any other law, may be limited as 
 provided in those sections. 

    HIST: 1Sp1994 c 1 art 1 s 4; 1997 c 217 art 1 s 100; 1998 c 
 313 s 22; 1999 c 118 s 6; 1999 c 216 art 6 s 6; 1999 c 245 art 5 
 s 15; 2000 c 359 s 1; 2000 c 480 s 1; 2002 c 221 s 37; 2004 c 
 288 art 3 s 18