1.1 	A bill for an act
1.2 	relating to civil commitment of sexually dangerous
1.3 	persons and persons with sexual psychopathic
1.4 	personalities; requiring the Department of Corrections
1.5 	and attorney general's office to work together to
1.6 	determine whether a petition should be filed to
1.7 	commence civil commitment proceedings; requiring the
1.8 	attorney general to pursue certain commitments;
1.9 	allowing counties to pursue certain commitments when
1.10 	the attorney general does not pursue commitments;
1.11 	requiring committed individuals to be committed to
1.12 	governmental facilities; amending Minnesota Statutes
1.13 	2004, sections 8.01; 13.851, subdivision 5; 244.05,
1.14 	subdivision 7; 253B.185, subdivisions 1, 1b.
1.15 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.16 	Section 1. Minnesota Statutes 2004, section 8.01, is
1.17 	amended to read:
1.18 	8.01 APPEARANCE.
1.19 	(a) The attorney general shall appear for the state in all
1.20 	causes in the supreme and federal courts wherein the state is
1.21 	directly interested; also in all civil causes of like nature in
1.22 	all other courts of the state whenever, in the attorney
1.23 	general's opinion, the interests of the state require it.  Upon
1.24 	request of the county attorney, the attorney general shall
1.25 	appear in court in such criminal cases as the attorney general
1.26 	deems proper. Upon request of a county attorney,Whenever the
1.27 	governor requests, in writing, the attorney general shall
1.28 	prosecute any person charged with an indictable offense, and in
1.29 	all such cases may attend upon the grand jury and exercise the
1.30 	powers of a county attorney.
2.1 	(b) The attorney general may shall assume the duties of the
2.2 	county attorney in responsibility for sexual psychopathic
2.3 	personality and sexually dangerous person commitment proceedings
2.4 	under section 253B.185.  Whenever the governor shall so request,
2.5 	in writing, the attorney general shall prosecute any person
2.6 	charged with an indictable offense, and in all such cases may
2.7 	attend upon the grand jury and exercise the powers of a county
2.8 	attorney when a determination has been made under section
2.9 	244.05, subdivision 7, paragraph (b), that the attorney general
2.10 	shall file a petition for commitment.  Upon request of the
2.11 	county attorney in the county of conviction, the attorney
2.12 	general shall assist the county attorney in proceedings under
2.13 	section 253B.185 when a determination has been made under
2.14 	section 244.05, subdivision 7, paragraph (d).

2.15 	EFFECTIVE DATE. This section is effective July 1, 2005.

2.16 	Sec. 2. Minnesota Statutes 2004, section 13.851,
2.17 	subdivision 5, is amended to read:
2.18 		Subd. 5.Sex offenders; civil commitment determination;
2.19 	commissioner of corrections.  Data provided to the county
2.20 	attorney and attorney general under section 244.05, subdivision
2.21 	7, are governed by that section.

2.22 	Sec. 3. Minnesota Statutes 2004, section 244.05,
2.23 	subdivision 7, is amended to read:
2.24 		Subd. 7.sex offenders;prerelease civil commitment
2.25 	determination.  (a) Before the commissioner releases from prison
2.26 	any inmate convicted under sections 609.342 to 609.345 or
2.27 	sentenced as a patterned offender under section 609.108, and
2.28 	determined by the commissioner to be in a high risk category,
2.29 	the commissioner shall make a preliminary determination whether,
2.30 	in the commissioner's opinion, a petition under section 253B.185
2.31 	may be appropriate.At least 12 months before a sex offender's
2.32 	scheduled release date, the commissioner of corrections must
2.33 	release to the attorney general all information and records
2.34 	necessary to determine whether a petition shall be filed for
2.35 	commitment of the individual as a sexual psychopathic
2.36 	personality or sexually dangerous person under section 253B.185.
3.1 	The commissioner also must release to the attorney general all
3.2 	requested documentation maintained by the department.  If a sex
3.3 	offender is received for incarceration with fewer than 12 months
3.4 	remaining in the inmate's term of imprisonment, the commissioner
3.5 	shall forward the information as soon as is practicable.
3.6 	(b) Within 45 days after the commissioner releases
3.7 	information to the attorney general, the commissioner and
3.8 	attorney general shall meet to determine whether the attorney
3.9 	general shall proceed with a petition under section 253B.185.
3.10 	The commissioner and attorney general may delegate someone from
3.11 	each respective office to attend the meeting.  The commissioner
3.12 	of corrections must ensure that an employee knowledgeable and
3.13 	experienced in assessing sex offenders' risk of reoffense
3.14 	attends each meeting, and the attorney general must ensure that
3.15 	an assistant attorney general specializing in commitments under
3.16 	section 253B.185 attends each meeting.  The parties at this
3.17 	meeting must make a decision whether the attorney general's
3.18 	office shall proceed with a petition for commitment under
3.19 	section 253B.185.  If the commissioner and attorney general
3.20 	determine a petition shall be filed for commitment, the attorney
3.21 	general shall immediately take steps toward pursuing civil
3.22 	commitment of the individual under section 253B.185.
3.23 	(c) If the commissioner and attorney general make a
3.24 	determination that a petition for civil commitment under section
3.25 	253B.185 shall not be filed, the commissioner must forward all
3.26 	information used in making the determination to the county
3.27 	attorney in the county of conviction, along with the
3.28 	determination made by the commissioner and attorney general.
3.29 	Notwithstanding the decision made by the commissioner and the
3.30 	attorney general, the county attorney may file a petition under
3.31 	section 253B.185.
3.32 	(d) If additional information that might support a petition
3.33 	for commitment becomes available after the commissioner and
3.34 	attorney general make a determination under paragraph (b),
3.35 	including information arising out of an end-of-confinement
3.36 	review committee's risk assessment under section 244.052, the
4.1 	commissioner must provide the information to the attorney
4.2 	general and meet with the attorney general as soon as is
4.3 	practicable to consider whether a petition is appropriate given
4.4 	this new information.  The commissioner must simultaneously
4.5 	provide the same information to the county attorney in the
4.6 	county of commitment.
4.7 	If the commissioner and attorney general determine a
4.8 	petition for commitment is appropriate given the new
4.9 	information, the attorney general shall consult with the county
4.10 	attorney in the county of conviction to determine whether the
4.11 	county has filed or is planning to file a petition for
4.12 	commitment.  If the county has filed a petition or plans to do
4.13 	so and requests assistance from the attorney general, the
4.14 	attorney general shall assist the county in proceeding with the
4.15 	commitment or assume responsibility for the commitment
4.16 	proceedings.  If the county has not filed a petition and does
4.17 	not intend to do so, the attorney general shall file a petition
4.18 	to commence commitment proceedings under section 253B.185.
4.19 	If, after review of the additional information, the
4.20 	commissioner and attorney general determine that a petition
4.21 	shall not be filed, the county attorney in the county of
4.22 	commitment may file a petition to pursue commitment proceedings
4.23 	under section 253B.185.
4.24 	(e) When the attorney general files a petition under
4.25 	section 253B.185, the attorney general must notify the
4.26 	commissioner and the county attorney of the county of conviction
4.27 	of its actions.  If the county attorney files a petition under
4.28 	section 253B.185, the county must notify the commissioner and
4.29 	attorney general of its actions.
4.30 	(f) In making this a decision whether to proceed with a
4.31 	petition under section 253B.185, the commissioner and attorney
4.32 	general shall have access to the following data only for the
4.33 	purposes of the assessment and referral decision:
4.34 	(1) private medical data under section 13.384 or 144.335,
4.35 	or welfare data under section 13.46 that relate to medical
4.36 	treatment of the offender;
5.1 	(2) private and confidential court services data under
5.2 	section 13.84;
5.3 	(3) private and confidential corrections data under section
5.4 	13.85; and
5.5 	(4) private criminal history data under section 13.87.
5.6 	If the county attorney of the county of conviction files
5.7 	the petition for commitment under section 253B.185, the county
5.8 	attorney shall have access to the data listed in this paragraph.
5.9 	(g) For the purpose of this subdivision, "sex offender"
5.10 	means any inmate convicted under sections 609.342 to 609.345 or
5.11 	sentenced as a patterned offender under section 609.108, and
5.12 	determined by the commissioner to be in a high-risk category.
5.13 	(c) If the commissioner determines that a petition may be
5.14 	appropriate, the commissioner shall forward this determination,
5.15 	along with a summary of the reasons for the determination, to
5.16 	the county attorney in the county where the inmate was convicted
5.17 	no later than 12 months before the inmate's release date.  If
5.18 	the inmate is received for incarceration with fewer than 12
5.19 	months remaining in the inmate's term of imprisonment, or if the
5.20 	commissioner receives additional information less than 12 months
5.21 	before release which makes the inmate's case appropriate for
5.22 	referral, the commissioner shall forward the determination as
5.23 	soon as is practicable.  Upon receiving the commissioner's
5.24 	preliminary determination, the county attorney shall proceed in
5.25 	the manner provided in section 253B.185.  The commissioner shall
5.26 	release to the county attorney all requested documentation
5.27 	maintained by the department.
5.28 	
EFFECTIVE DATE. This section is effective July 1, 2005.

5.29 	Sec. 4. Minnesota Statutes 2004, section 253B.185,
5.30 	subdivision 1, is amended to read:
5.31 		Subdivision 1.General.  Except as otherwise provided in
5.32 	this section, the provisions of this chapter pertaining to
5.33 	persons who are mentally ill and dangerous to the public apply
5.34 	with like force and effect to persons who are alleged or found
5.35 	to be sexually dangerous persons or persons with a sexual
5.36 	psychopathic personality.  Before commitment proceedings are
6.1 	instituted, the facts shall first be submitted to the attorney
6.2 	general or county attorney, as appropriate,who, if satisfied
6.3 	that good cause exists, will prepare the petition.  The attorney
6.4 	general or county attorney may request a prepetition screening
6.5 	report.  The petition is to be executed by a person having
6.6 	knowledge of the facts and filed with the committing court of
6.7 	the county in which the patient has a settlement or is present.
6.8 	If the patient is in the custody of the commissioner of
6.9 	corrections, the petition may be filed in the county where the
6.10 	conviction for which the person is incarcerated was entered.
6.11 	Upon the filing of a petition alleging that a proposed patient
6.12 	is a sexually dangerous person or is a person with a sexual
6.13 	psychopathic personality, the court shall hear the petition as
6.14 	provided in section 253B.18.  In commitments under this section,
6.15 	the court shall commit the patient to a the Minnesota sexual
6.16 	psychopathic personality treatment center created under chapter
6.17 	246B or an existing secure state or county treatment
6.18 	facility unless the patient establishes by clear and convincing
6.19 	evidence that a less restrictive treatment program is available
6.20 	that is consistent with the patient's treatment needs and the
6.21 	requirements of public safety , depending upon the patient's
6.22 	specific needs.
6.23 	
EFFECTIVE DATE. This section is effective July 1, 2005.

6.24 	Sec. 5. Minnesota Statutes 2004, section 253B.185,
6.25 	subdivision 1b, is amended to read:
6.26 		Subd. 1b.attorney general and county attorney access to
6.27 	data.  Notwithstanding sections 144.335; 245.467, subdivision 6;
6.28 	245.4876, subdivision 7; 260B.171; 260B.235, subdivision 8;
6.29 	260C.171; and 609.749, subdivision 6, or any provision of
6.30 	chapter 13 or other state law, prior to filing a petition for
6.31 	commitment as a sexual psychopathic personality or as a sexually
6.32 	dangerous person, and upon notice to the proposed patient, the
6.33 	county attorney or the county attorney's designee may move the
6.34 	court for an order granting access to any records or data, to
6.35 	the extent it relates to the proposed patient, for the purpose
6.36 	of determining whether good cause exists to file a petition and,
7.1 	if a petition is filed, to support the allegations set forth in
7.2 	the petition.
7.3 	The court may grant the motion if:  (1) the Department of
7.4 	Corrections refers and attorney general determine the case is an
7.5 	appropriate one for commitment of an individual as a sexual
7.6 	psychopathic personality or a sexually dangerous person; or (2)
7.7 	upon a showing that the requested category of data or records
7.8 	may be relevant to the determination by the attorney general or
7.9 	attorney general's designee or county attorney or county
7.10 	attorney's designee.  The court shall decide a motion under this
7.11 	subdivision within 48 hours after a hearing on the motion.
7.12 	Notice to the proposed patient need not be given upon a showing
7.13 	that such notice may result in harm or harassment of interested
7.14 	persons or potential witnesses.
7.15 	Data collected pursuant to this subdivision shall retain
7.16 	their original status and, if not public, are inadmissible in
7.17 	any court proceeding unrelated to civil commitment, unless
7.18 	otherwise permitted.
7.19 	
EFFECTIVE DATE. This section is effective July 1, 2005.