1.1 	A bill for an act
1.2 	relating to public safety; allowing prisoners facing civil commitment in certain 
1.3 	cases to elect to remain confined in state correctional facilities beyond their 
1.4 	scheduled release date; providing for petitions for a reduction in custody of 
1.5 	persons committed as mentally ill and dangerous;amending Minnesota Statutes 
1.6 	2006, sections 244.05, subdivision 1b; 253B.045, subdivision 1; 253B.18, 
1.7 	subdivisions 4c, 5, 5a; 253B.185, subdivision 5, by adding subdivisions; 
1.8 	253B.19, subdivisions 2, 3; Minnesota Statutes 2007 Supplement, section 244.05, 
1.9 	subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 243.
1.10 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.11 	Section 1. [243.053] OPTION TO REMAIN IN PRISON FOR OFFENDERS 
1.12 	FACING CIVIL COMMITMENT.
1.13 		Subdivision 1.Election to remain confined. Upon the approval of the 
1.14 	commissioner of corrections, a person who is committed to the commissioner's custody, 
1.15 	who is being imprisoned in a state correctional facility, who is participating in sex offender 
1.16 	treatment, and who is eligible for supervised release may elect to remain confined in a 
1.17 	state correctional facility for a portion or the remainder of the person's executed sentence 
1.18 	to continue treatment if the person is being petitioned for commitment under section 
1.19 	253B.185 as a sexually dangerous person or as having a sexual psychopathic personality. 
1.20 	Upon the resolution of the petition, the completion of treatment, or the completion of the 
1.21 	person's executed sentence, whichever occurs first, the person shall either be released from 
1.22 	confinement or transferred to the custody of the commissioner of human services.
1.23 		Subd. 2.Process for election. A person who elects to continue confinement under 
1.24 	subdivision 1 may do so only after being informed of the person's right to supervised 
1.25 	release and to be held in a secure treatment facility pending the determination of the 
1.26 	civil commitment petition. The person may waive the right to supervised release and to 
2.1 	be transferred to a secure treatment facility if the waiver is knowing, intelligent, and 
2.2 	voluntary.
2.3 		Subd. 3.Terms of confinement. A person who elects to continue confinement 
2.4 	under subdivision 1 remains under the custody of the commissioner of corrections in the 
2.5 	same manner and under the same terms as before the person's term of imprisonment 
2.6 	expired except that the person has the right to request release from imprisonment under 
2.7 	this section. If the person requests release, the commissioner shall accommodate this 
2.8 	request as soon as is practicable. If this occurs, the provisions of chapter 253B govern the 
2.9 	physical custody of the person.
2.10 		Subd. 4.No right to treatment. Nothing in this section may be construed to 
2.11 	establish a right of an inmate in a state correctional facility to participate in sex offender 
2.12 	treatment. This section must be construed in a manner consistent with the provisions 
2.13 	of section 244.03.
2.14 		Subd. 5.Costs of confinement. The commissioner of corrections may charge the 
2.15 	county of financial responsibility as determined in section 253B.045, subdivision 2, for the 
2.16 	costs of a person's confinement under this section.

2.17 	EFFECTIVE DATE. This section is effective the day following final enactment.

2.18 	Sec. 2. Minnesota Statutes 2007 Supplement, section 244.05, subdivision 1, is 
2.19 	amended to read:
2.20 		Subdivision 1.Supervised release required. Except as provided in subdivisions 
2.21 	1b, 4, and 5 and section 243.053, every inmate shall serve a supervised release term upon 
2.22 	completion of the inmate's term of imprisonment as reduced by any good time earned 
2.23 	by the inmate or extended by confinement in punitive segregation pursuant to section 
2.24 	244.04, subdivision 2. Except for a sex offender conditionally released under Minnesota 
2.25 	Statutes 2004, section 609.108, subdivision 5, the supervised release term shall be equal to 
2.26 	the period of good time the inmate has earned, and shall not exceed the length of time 
2.27 	remaining in the inmate's sentence. 

2.28 	EFFECTIVE DATE. This section is effective the day following final enactment.

2.29 	Sec. 3. Minnesota Statutes 2006, section 244.05, subdivision 1b, is amended to read:
2.30 		Subd. 1b.Supervised release; offenders who commit crimes on or after August 
2.31 	1, 1993. (a) Except as provided in subdivisions 4 and 5 and section 243.053, every inmate 
2.32 	sentenced to prison for a felony offense committed on or after August 1, 1993, shall serve 
2.33 	a supervised release term upon completion of the inmate's term of imprisonment and 
3.1 	any disciplinary confinement period imposed by the commissioner due to the inmate's 
3.2 	violation of any disciplinary rule adopted by the commissioner or refusal to participate in 
3.3 	a rehabilitative program required under section 244.03. The amount of time the inmate 
3.4 	serves on supervised release shall be equal in length to the amount of time remaining in 
3.5 	the inmate's executed sentence after the inmate has served the term of imprisonment and 
3.6 	any disciplinary confinement period imposed by the commissioner. 
3.7 	(b) No inmate who violates a disciplinary rule or refuses to participate in a 
3.8 	rehabilitative program as required under section 244.03 shall be placed on supervised 
3.9 	release until the inmate has served the disciplinary confinement period for that disciplinary 
3.10 	sanction or until the inmate is discharged or released from punitive segregation 
3.11 	confinement, whichever is later. The imposition of a disciplinary confinement period shall 
3.12 	be considered to be a disciplinary sanction imposed upon an inmate, and the procedure for 
3.13 	imposing the disciplinary confinement period and the rights of the inmate in the procedure 
3.14 	shall be those in effect for the imposition of other disciplinary sanctions at each state 
3.15 	correctional institution. 

3.16 	EFFECTIVE DATE. This section is effective the day following final enactment.

3.17 	Sec. 4. Minnesota Statutes 2006, section 253B.045, subdivision 1, is amended to read:
3.18 		Subdivision 1.Restriction. Except when ordered by the court pursuant to a finding 
3.19 	of necessity to protect the life of the proposed patient or others, no person subject to the 
3.20 	provisions of this chapter shall be confined in a jail or correctional institution, except 
3.21 	pursuant to section 243.053 or chapter 242 or 244.

3.22 	EFFECTIVE DATE. This section is effective the day following final enactment.

3.23 	Sec. 5. Minnesota Statutes 2006, section 253B.18, subdivision 4c, is amended to read:
3.24 		Subd. 4c.Special review board. (a) The commissioner shall establish one or more 
3.25 	panels of a special review board for persons committed as mentally ill and dangerous to 
3.26 	the public. The board shall consist of three members experienced in the field of mental 
3.27 	illness. One member of each special review board panel shall be a psychiatrist and one 
3.28 	member shall be an attorney. No member shall be affiliated with the Department of 
3.29 	Human Services. The special review board shall meet at least every six months and at 
3.30 	the call of the commissioner. It shall hear and consider all petitions for a reduction in 
3.31 	custody or to appeal a revocation of provisional discharge. A "reduction in custody" 
3.32 	means transfer from a secure treatment facility; all petitions for, discharge, and provisional 
3.33 	discharge, and revocation of provisional discharge; and make recommendations to the 
4.1 	commissioner concerning them. Patients may be transferred by the commissioner between 
4.2 	secure treatment facilities without a special review board hearing.
4.3 	(b) Members of the special review board shall receive compensation and 
4.4 	reimbursement for expenses as established by the commissioner.
4.5 	(b) A petition filed by a person committed as mentally ill and dangerous to the 
4.6 	public under this section must be heard as provided in subdivision 5 and, as applicable, 
4.7 	subdivision 13. A petition filed by a person committed as a sexual psychopathic 
4.8 	personality or as a sexually dangerous person under section 253B.185, or committed 
4.9 	as both mentally ill and dangerous to the public under this section and as a sexual 
4.10 	psychopathic personality or as a sexually dangerous person must be heard as provided in 
4.11 	section 253B.185, subdivision 9.

4.12 	Sec. 6. Minnesota Statutes 2006, section 253B.18, subdivision 5, is amended to read:
4.13 		Subd. 5.Petition; notice of hearing; attendance; order. (a) A petition for an 
4.14 	order of transfer, discharge, provisional discharge,a reduction in custody or revocation of 
4.15 	provisional discharge shall be filed with the commissioner and may be filed by the patient 
4.16 	or by the head of the treatment facility. A patient may not petition the special review 
4.17 	board for six months following commitment under subdivision 3 or following the final 
4.18 	disposition of any previous petition and subsequent appeal by the patient. The medical 
4.19 	director may petition at any time.
4.20 	(b) Fourteen days prior to the hearing, the committing court, the county attorney of 
4.21 	the county of commitment, the designated agency, interested person, the petitioner, and 
4.22 	the petitioner's counsel shall be given written notice by the commissioner of the time and 
4.23 	place of the hearing before the special review board. Only those entitled to statutory notice 
4.24 	of the hearing or those administratively required to attend may be present at the hearing. 
4.25 	The patient may designate interested persons to receive notice by providing the names and 
4.26 	addresses to the commissioner at least 21 days before the hearing. The board shall provide 
4.27 	the commissioner with written findings of fact and recommendations within 21 days of 
4.28 	the hearing. The commissioner shall issue an order no later than 14 days after receiving 
4.29 	the recommendation of the special review board. A copy of the order shall be sent by 
4.30 	certified mail to every person entitled to statutory notice of the hearing within five days 
4.31 	after it is signed. No order by the commissioner shall be effective sooner than 30 days 
4.32 	after the order is signed, unless the county attorney, the patient, and the commissioner 
4.33 	agree that it may become effective sooner.
4.34 	(c) The special review board shall hold a hearing on each petition prior to making 
4.35 	its recommendation to the commissioner. The special review board proceedings are not 
5.1 	contested cases as defined in chapter 14. Any person or agency receiving notice that 
5.2 	submits documentary evidence to the special review board prior to the hearing shall also 
5.3 	provide copies to the patient, the patient's counsel, the county attorney of the county of 
5.4 	commitment, the case manager, and the commissioner.
5.5 	(d) Prior to the final decision by the commissioner, the special review board may be 
5.6 	reconvened to consider events or circumstances that occurred subsequent to the hearing.
5.7 	(e) In making their recommendations and order, the special review board and 
5.8 	commissioner must consider any statements received from victims under subdivision 5a.

5.9 	Sec. 7. Minnesota Statutes 2006, section 253B.18, subdivision 5a, is amended to read:
5.10 		Subd. 5a.Victim notification of petition and release; right to submit statement.
 5.11 	(a) As used in this subdivision:
5.12 	(1) "crime" has the meaning given to "violent crime" in section 609.1095, and 
5.13 	includes criminal sexual conduct in the fifth degree and offenses within the definition of 
5.14 	"crime against the person" in section 253B.02, subdivision 4a, and also includes offenses 
5.15 	listed in section 253B.02, subdivision 7a, paragraph (b), regardless of whether they are 
5.16 	sexually motivated;
5.17 	(2) "victim" means a person who has incurred loss or harm as a result of a crime 
5.18 	the behavior for which forms the basis for a commitment under this section or section 
5.19 	253B.185; and
5.20 	(3) "convicted" and "conviction" have the meanings given in section 609.02, 
5.21 	subdivision 5, and also include juvenile court adjudications, findings under Minnesota 
5.22 	Rules of Criminal Procedure, Rule 20.02, that the elements of a crime have been proved, 
5.23 	and findings in commitment cases under this section or section 253B.185 that an act or 
5.24 	acts constituting a crime occurred.
5.25 	(b) A county attorney who files a petition to commit a person under this section 
5.26 	or section 253B.185 shall make a reasonable effort to provide prompt notice of filing 
5.27 	the petition to any victim of a crime for which the person was convicted. In addition, 
5.28 	the county attorney shall make a reasonable effort to promptly notify the victim of the 
5.29 	resolution of the petition.
5.30 	(c) Before provisionally discharging, discharging, granting pass-eligible status, 
5.31 	approving a pass plan, or otherwise permanently or temporarily releasing a person 
5.32 	committed under this section or section 253B.185 from a treatment facility, the head of 
5.33 	the treatment facility shall make a reasonable effort to notify any victim of a crime for 
5.34 	which the person was convicted that the person may be discharged or released and that 
5.35 	the victim has a right to submit a written statement regarding decisions of the medical 
6.1 	director, special review board, judicial appeal panel, or commissioner with respect to the 
6.2 	person. To the extent possible, the notice must be provided at least 14 days before any 
6.3 	special review board hearing or before a determination on a pass plan.
6.4 	(d) This subdivision applies only to victims who have requested notification by 
6.5 	contacting, in writing, the county attorney in the county where the conviction for the crime 
6.6 	occurred. A county attorney who receives a request for notification under this paragraph 
6.7 	shall promptly forward the request to the commissioner of human services.
6.8 	(e) The rights under this subdivision are in addition to rights available to a victim 
6.9 	under chapter 611A. This provision does not give a victim all the rights of a "notified 
6.10 	person" or a person "entitled to statutory notice" under subdivision 4a, 4b, or 5.

6.11 	Sec. 8. Minnesota Statutes 2006, section 253B.185, subdivision 5, is amended to read:
6.12 		Subd. 5.Financial responsibility. (a) For purposes of this subdivision, "state 
6.13 	facility" has the meaning given in section 246.50. The term also includes state correctional 
6.14 	facilities when a proposed patient remains in a correctional facility beyond the proposed 
6.15 	patient's release date as provided in section 243.053.
6.16 	(b) Notwithstanding sections 246.54, 253B.045, and any other law to the contrary, 
6.17 	when a petition is filed for commitment under this section pursuant to the notice required 
6.18 	in section 244.05, subdivision 7, the state and county are each responsible for 50 percent of 
6.19 	the cost of the person's confinement at a state facility or county jail, prior to commitment. 
6.20 	(c) The county shall submit an invoice to the state court administrator for 
6.21 	reimbursement of the state's share of the cost of confinement.
6.22 	(d) Notwithstanding paragraph (b), the state's responsibility for reimbursement is 
6.23 	limited to the amount appropriated for this purpose.

6.24 	EFFECTIVE DATE. This section is effective the day following final enactment.

6.25 	Sec. 9. Minnesota Statutes 2006, section 253B.185, is amended by adding a 
6.26 	subdivision to read:
6.27 		Subd. 9.Petition for reduction in custody. (a) This subdivision applies only 
6.28 	to committed persons as defined in paragraph (b). The procedures in section 253B.18, 
6.29 	subdivision 5a, for victim notification and right to submit a statement under section 
6.30 	253B.18 apply to petitions filed and reductions in custody recommended under this 
6.31 	subdivision.
6.32 	(b) As used in this subdivision:
7.1 	(1) "committed person" means an individual committed under this section, or under 
7.2 	this section and under section 253B.18, as mentally ill and dangerous. It does not include 
7.3 	persons committed only as mentally ill and dangerous under section 253B.18; and
7.4 	(2) "reduction in custody" means transfer out of a secure treatment facility, a 
7.5 	provisional discharge, or a discharge from commitment.
7.6 	(c) A petition for a reduction in custody or an appeal of a revocation of provisional 
7.7 	discharge may be filed by either the committed person or by the head of the treatment 
7.8 	facility and must be filed with and considered by the special review board. A committed 
7.9 	person may not petition the special review board any sooner than six months following 
7.10 	either:
7.11 	(1) the entry of judgment in the district court of the order for commitment issued 
7.12 	under section 253B.18, subdivision 3, or upon the exhaustion of all related appeal rights 
7.13 	in state court relating to that order, whichever is later; or
7.14 	(2) any order of the judicial panel or upon the exhaustion of all appeal rights in state 
7.15 	court, whichever is later. The medical director may petition at any time. The special 
7.16 	review board proceedings are not contested cases as defined in chapter 14.
7.17 	(d) The special review board shall hold a hearing on each petition before issuing a 
7.18 	recommendation under paragraph (f). Fourteen days before the hearing, the committing 
7.19 	court, the county attorney of the county of commitment, the designated agency, an 
7.20 	interested person, the petitioner and the petitioner's counsel, and the committed person 
7.21 	and the committed person's counsel must be given written notice by the commissioner of 
7.22 	the time and place of the hearing before the special review board. Only those entitled to 
7.23 	statutory notice of the hearing or those administratively required to attend may be present 
7.24 	at the hearing. The patient may designate interested persons to receive notice by providing 
7.25 	the names and addresses to the commissioner at least 21 days before the hearing.
7.26 	(e) A person or agency receiving notice that submits documentary evidence to the 
7.27 	special review board before the hearing must also provide copies to the committed person, 
7.28 	the committed person's counsel, the county attorney of the county of commitment, the case 
7.29 	manager, and the commissioner. The special review board must consider any statements 
7.30 	received from victims under section 253B.18, subdivision 5a.
7.31 	(f) Within 30 days of the hearing, the special review board shall issue written 
7.32 	findings of fact and shall either deny the petition or recommend approval of the petition 
7.33 	to the judicial appeal panel established under section 253B.19. No reduction in custody 
7.34 	or reversal of a revocation of provisional discharge recommended by the special review 
7.35 	board is effective until it has been reviewed by the judicial appeal panel and until 15 days 
7.36 	after an order from the panel affirming or modifying the recommendation.

8.1 	Sec. 10. Minnesota Statutes 2006, section 253B.185, is amended by adding a 
8.2 	subdivision to read:
8.3 		Subd. 10.Appeal. The committed person or the county attorney of the county from 
8.4 	which the person was committed may petition the judicial appeal panel under section 
8.5 	253B.19 for a rehearing and reconsideration of a denial of a petition by the special review 
8.6 	board under this section. The petition must be filed, heard, decided, and acted upon, and 
8.7 	may be appealed, as set forth in section 253B.19, subdivision 2 to 5.

8.8 	Sec. 11. Minnesota Statutes 2006, section 253B.19, subdivision 2, is amended to read:
8.9 		Subd. 2.Petition; hearing. The committed person or the county attorney of the 
8.10 	county from which a patient was committed as a person who is mentally ill and dangerous 
8.11 	to the public, or as a sexual psychopathic personality or as a sexually dangerous person 
8.12 	may petition the appeal panel for a rehearing and reconsideration of a decision by the 
8.13 	commissioner. The petition shall be filed with the Supreme Court within 30 days after the 
8.14 	decision of the commissioner is signed. The Supreme Court shall refer the petition to the 
8.15 	chief judge of the appeal panel.(a) A person committed as mentally ill and dangerous 
8.16 	to the public under section 253B.18 or the county attorney of the county from which the 
8.17 	person was committed may petition the appeal panel for a rehearing and reconsideration 
8.18 	of a decision by the commissioner under section 253B.18, subdivision 5. The panel must 
8.19 	not consider petitions for relief other than those considered by the commissioner from 
8.20 	which the appeal is taken. The petition must be filed with the supreme court within 30 
8.21 	days after the decision of the commissioner is signed. The hearing must be held within 45 
8.22 	days of the filing of the petition unless an extension is granted for good cause.
8.23 	(b) A person committed as a sexual psychopathic personality or as a sexually 
8.24 	dangerous person under section 253B.185, or committed as both mentally ill and 
8.25 	dangerous to the public under this section and as a sexual psychopathic personality or as a 
8.26 	sexually dangerous person under section 253B.185; or the county attorney of the county 
8.27 	from which the person was committed may petition the appeal panel for a rehearing 
8.28 	and reconsideration of a decision of the special review board under section 253B.185, 
8.29 	subdivision 9. The petition must be filed with the supreme court within 30 days after the 
8.30 	decision of the special review board is signed by the chair of the board. The hearing 
8.31 	must be held within 180 days of the filing of the petition unless an extension is granted 
8.32 	for good cause.
8.33 	(c) For an appeal under paragraph (a) or (b), the chief judge shall notify the 
8.34 	patient, the county attorney of the county of commitment, the designated agency, the 
8.35 	commissioner, the head of the treatment facility, any interested person, and other persons 
9.1 	the chief judge designates, of the time and place of the hearing on the petition. The notice 
9.2 	shall be given at least 14 days prior to the date of the hearing. The hearing shall be within 
9.3 	45 days of the filing of the petition unless an extension is granted for good cause.The 
9.4 	supreme court shall refer the petition to the chief judge of the appeal panel.
9.5 	(d) Any person may oppose the petition. The patient, patient's counsel, and the 
9.6 	county attorney of the committing county shall participate as parties to the proceeding 
9.7 	pending before the appeal panel and shall, no later than 20 days before the hearing on the 
9.8 	petition, inform the panel and the opposing party in writing whether they support or 
9.9 	oppose the petition and provide a summary of facts in support of their position. The appeal 
9.10 	panel may appoint examiners and may adjourn the hearing from time to time. It shall hear 
9.11 	and receive all relevant testimony and evidence and make a record of all proceedings. The 
9.12 	patient, patient's counsel, and the county attorney of the committing county mayshall be 
9.13 	present and may present and cross-examine all witnesses and offer a factual and legal 
9.14 	basis in support of their positions. The petitioning party bears the burden of going forward 
9.15 	with the evidence. The party opposing discharge bears the burden of proof by clear and 
9.16 	convincing evidence that the respondent is in need of commitment.

9.17 	Sec. 12. Minnesota Statutes 2006, section 253B.19, subdivision 3, is amended to read:
9.18 		Subd. 3.Decision. A majority of the appeal panel shall rule upon the petition. The 
9.19 	order of the appeal panel shall supersede thean order of the commissioner in the cases
9.20 	under section 253B.18, subdivision 5, or a decision of the judicial panel. No order of the 
9.21 	appeal panel granting a transfer, discharge or provisional discharge shall be made effective 
9.22 	sooner than 15 days after it is issued. The panel may not consider petitions for relief other 
9.23 	than those considered by the commissioner from which the appeal is taken.For persons 
9.24 	committed as mentally ill and dangerous under section 253B.18, the panel may not grant 
9.25 	a transfer or provisional discharge on terms or conditions that were not presented to the 
9.26 	commissioner or the special review board.