1.1 	A bill for an act
1.2 	relating to human services; modifying definitions in sex offender program;
1.3 	amending Minnesota Statutes 2008, section 246B.01, by adding a subdivision; 
1.4 	Minnesota Statutes 2009 Supplement, sections 246B.01, subdivisions 1a, 1b, 2a, 
1.5 	2d; 246B.02; 246B.03, subdivisions 2, 3; 246B.04, subdivision 3; 246B.05, 
1.6 	subdivision 1; 246B.06, subdivisions 1, 6, 7, 8; 246B.07, subdivisions 1, 2; 
1.7 	246B.08; 246B.09; 246B.10.
1.8 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9 	Section 1. Minnesota Statutes 2009 Supplement, section 246B.01, subdivision 1a, 
1.10 	is amended to read:
1.11 		Subd. 1a.Client Civilly committed sex offender. "Client" "Civilly committed 
1.12 	sex offender" means a person who is admitted to the Minnesota sex offender program 
1.13 	or subject to a court hold order under section 253B.185 for the purpose of assessment, 
1.14 	diagnosis, care, treatment, supervision, or other services provided by the Minnesota sex 
1.15 	offender program.

1.16 	Sec. 2. Minnesota Statutes 2009 Supplement, section 246B.01, subdivision 1b, is 
1.17 	amended to read:
1.18 		Subd. 1b.Client's Civilly committed sex offender's county. "Client's "Civilly 
1.19 	committed sex offender's county" means the county of the client'scivilly committed sex 
1.20 	offender's legal settlement for poor relief purposes at the time of commitment. If the 
1.21 	client civilly committed sex offender has no legal settlement for poor relief in this state, 
1.22 	it means the county of commitment, except that when a client civilly committed sex 
1.23 	offender with no legal settlement for poor relief is committed while serving a sentence 
2.1 	at a penal institution, it means the county from which the client civilly committed sex 
2.2 	offender was sentenced.

2.3 	Sec. 3. Minnesota Statutes 2008, section 246B.01, is amended by adding a subdivision 
2.4 	to read:
2.5 		Subd. 1c.Judicial hold. "Judicial hold" means any person who is subject to a 
2.6 	judicial hold order under section 253B.185.

2.7 	Sec. 4. Minnesota Statutes 2009 Supplement, section 246B.01, subdivision 2a, is 
2.8 	amended to read:
2.9 		Subd. 2a.Community preparation services. Community preparation services are 
2.10 	specialized residential services or programs operated or administered by the Minnesota sex 
2.11 	offender program outside of a secure treatment facility. Community preparation services 
2.12 	are designed to assist clients civilly committed sex offenders in developing the appropriate 
2.13 	skills and resources necessary for an eventual successful reintegration into a community. 
2.14 	A client civilly committed sex offender may be placed in community preparation services 
2.15 	only upon an order of the judicial appeal panel under section 253B.19.

2.16 	Sec. 5. Minnesota Statutes 2009 Supplement, section 246B.01, subdivision 2d, is 
2.17 	amended to read:
2.18 		Subd. 2d.Local social services agency. "Local social services agency" means the 
2.19 	local social services agency of the client's civilly committed sex offender's county as 
2.20 	defined in subdivision 1b and of the county of commitment, and any other local social 
2.21 	services agency possessing information regarding, or requested by the commissioner to 
2.22 	investigate, the financial circumstances of a client civilly committed sex offender.

2.23 	Sec. 6. Minnesota Statutes 2009 Supplement, section 246B.02, is amended to read:
2.24 	246B.02 ESTABLISHMENT OF MINNESOTA SEX OFFENDER PROGRAM. 
2.25 	The commissioner of human services shall establish and maintain the Minnesota 
2.26 	sex offender program. The program shall provide specialized sex offender assessment, 
2.27 	diagnosis, care, treatment, supervision, and other services to clients civilly committed sex 
2.28 	offenders as defined in section 246B.01, subdivision 1a. Services may include specialized 
2.29 	programs at secure treatment facilities as defined in section 253B.02, subdivision 18a, 
2.30 	consultative services, aftercare services, community-based services and programs, 
2.31 	transition services, or other services consistent with the mission of the Department of 
2.32 	Human Services.

3.1 	Sec. 7. Minnesota Statutes 2009 Supplement, section 246B.03, subdivision 2, is 
3.2 	amended to read:
3.3 		Subd. 2.Minnesota sex offender program evaluation. (a) The commissioner shall 
3.4 	contract with national sex offender experts to evaluate the sex offender treatment program. 
3.5 	The consultant group shall consist of four national experts, including:
3.6 	(1) three experts who are licensed psychologists, psychiatrists, clinical therapists, 
3.7 	or other mental health treatment providers with established and recognized training and 
3.8 	experience in the assessment and treatment of sexual offenders; and
3.9 	(2) one nontreatment professional with relevant training and experience regarding 
3.10 	the oversight or licensing of sex offender treatment programs or other relevant mental 
3.11 	health treatment programs.
3.12 	(b) These experts shall, in consultation with the executive clinical director of the 
3.13 	sex offender treatment program:
3.14 	(1) review and identify relevant information and evidence-based best practices and 
3.15 	methodologies for effectively assessing, diagnosing, and treating clients civilly committed 
3.16 	sex offenders;
3.17 	(2) on at least an annual basis, complete a site visit and comprehensive program 
3.18 	evaluation that may include a review of program policies and procedures to determine the 
3.19 	program's level of compliance, address specific areas of concern brought to the panel's 
3.20 	attention by the executive clinical director or executive director, offer recommendations, 
3.21 	and complete a written report of its findings to the executive director and clinical director; 
3.22 	and
3.23 	(3) in addition to the annual site visit and review, provide advice, input, and 
3.24 	assistance as requested by the executive clinical director or executive director.
3.25 	(c) The commissioner or commissioner's designee shall enter into contracts as 
3.26 	necessary to fulfill the responsibilities under this subdivision.

3.27 	Sec. 8. Minnesota Statutes 2009 Supplement, section 246B.03, subdivision 3, is 
3.28 	amended to read:
3.29 		Subd. 3.Client Civilly committed sex offender grievance resolution process.
 3.30 	(a) The executive director shall establish a grievance policy and related procedures 
3.31 	that address and attempt to resolve client civilly committed sex offender concerns and 
3.32 	complaints. The grievance resolution process must include procedures for assessing 
3.33 	or investigating a client's civilly committed sex offender's concerns or complaints, for 
3.34 	attempting to resolve issues informally, and for appealing for a review and determination 
3.35 	by the executive director or designee. 
4.1 	(b) Any client civilly committed sex offender who believes a right that is applicable 
4.2 	to a client an individual under section 144.651 has been violated may file a grievance 
4.3 	under paragraph (a) and attempt to resolve the issue internally, or by a complaint with 
4.4 	the Minnesota Department of Health, Office of Health Facility Complaints, or both. 
4.5 	Complaints filed with the Office of Health Facility Complaints under this paragraph must 
4.6 	be processed according to section 144.652.

4.7 	Sec. 9. Minnesota Statutes 2009 Supplement, section 246B.04, subdivision 3, is 
4.8 	amended to read:
4.9 		Subd. 3.Access to data. The Minnesota sex offender program shall have access 
4.10 	to private data contained in the statewide supervision system under section 241.065, as 
4.11 	necessary for the administration and management of current Minnesota sex offender 
4.12 	clients civilly committed sex offenders for the purposes of admissions, treatment, security, 
4.13 	and supervision. The program shall develop a policy to allow individuals who conduct 
4.14 	assessment, develop treatment plans, oversee security, or develop reintegration plans to 
4.15 	have access to the data. The commissioner of corrections shall conduct periodic audits to 
4.16 	determine whether the policy is being followed.

4.17 	Sec. 10. Minnesota Statutes 2009 Supplement, section 246B.05, subdivision 1, is 
4.18 	amended to read:
4.19 		Subdivision 1.Vocational work program option. The commissioner of human 
4.20 	services shall develop a vocational work program for persons admitted to the Minnesota 
4.21 	sex offender program. The vocationvocational work program is an extension of 
4.22 	therapeutic treatment in order for clients civilly committed sex offenders to learn valuable 
4.23 	work skills and work habits while contributing to their cost of care. The vocational work 
4.24 	program may include work maintaining the center or work that is brought to the center 
4.25 	by an outside source. The earnings generated from the vocational work program must be 
4.26 	deposited into the account created in subdivision 2.

4.27 	Sec. 11. Minnesota Statutes 2009 Supplement, section 246B.06, subdivision 1, is 
4.28 	amended to read:
4.29 		Subdivision 1.Establishment; purpose. (a) The commissioner of human services 
4.30 	may establish, equip, maintain, and operate a vocational work program at any Minnesota 
4.31 	sex offender program facility under this chapter. The commissioner may establish 
4.32 	vocational activities for sex offender treatment clients for civilly committed sex offenders
4.33 	as the commissioner deems necessary and suitable to the meaningful work skills training, 
5.1 	educational training, and development of proper work habits and extended treatment 
5.2 	services for clients civilly committed sex offenders consistent with the requirements in 
5.3 	section 246B.05. The industrial and commercial activities authorized by this section are 
5.4 	designated Minnesota State Industries and must be for the primary purpose of sustaining 
5.5 	and ensuring Minnesota State Industries' self-sufficiency, providing educational training, 
5.6 	meaningful employment, and the teaching of proper work habits to the patients of
5.7 	individuals in the Minnesota sex offender program under this chapter, and not solely as 
5.8 	competitive business ventures.
5.9 	(b) The net profits from the vocational work program must be used for the 
5.10 	benefit of the clients civilly committed sex offenders as it relates to building education 
5.11 	and self-sufficiency skills. Prior to the establishment of any vocational activity, the 
5.12 	commissioner of human services shall consult with stakeholders including representatives 
5.13 	of business, industry, organized labor, the commissioner of education, the state 
5.14 	Apprenticeship Council, the commissioner of labor and industry, the commissioner 
5.15 	of employment and economic development, the commissioner of administration, and 
5.16 	other stakeholders the commissioner deems qualified. The purpose of the stakeholder 
5.17 	consultation is to determine the quantity and nature of the goods, wares, merchandise, 
5.18 	and services to be made or provided, and the types of processes to be used in their 
5.19 	manufacture, processing, repair, and production consistent with the greatest opportunity 
5.20 	for the reform and educational training of the clients civilly committed sex offenders, and 
5.21 	with the best interests of the state, business, industry, and labor.
5.22 	(c) The commissioner of human services shall, at all times in the conduct of any 
5.23 	vocational activity authorized by this section, utilize client civilly committed sex offender
5.24 	labor to the greatest extent feasible, provided that the commissioner may employ all 
5.25 	administrative, supervisory, and other skilled workers necessary to the proper instruction 
5.26 	of the clients civilly committed sex offenders and the efficient operation of the vocational 
5.27 	activities authorized by this section.
5.28 	(d) The commissioner of human services may authorize the director of any 
5.29 	Minnesota sex offender treatment facility under the commissioner's control to accept 
5.30 	work projects from outside sources for processing, fabrication, or repair, provided that 
5.31 	preference is given to the performance of work projects for state departments and agencies.

5.32 	Sec. 12. Minnesota Statutes 2009 Supplement, section 246B.06, subdivision 6, is 
5.33 	amended to read:
5.34 		Subd. 6.Wages. Notwithstanding section 177.24 or any other law to the contrary, 
5.35 	the commissioner of human services has the discretion to set the pay rate for clients
6.1 	individuals participating in the vocational work program. The commissioner has the 
6.2 	authority to retain up to 50 percent of any payments made to a client an individual
6.3 	participating in the vocational work program for the purpose of reducing state costs 
6.4 	associated with operating the Minnesota sex offender program.

6.5 	Sec. 13. Minnesota Statutes 2009 Supplement, section 246B.06, subdivision 7, is 
6.6 	amended to read:
6.7 		Subd. 7.Status of clients civilly committed sex offenders. Clients Civilly 
6.8 	committed sex offenders participating in the vocational work program are not employees 
6.9 	of the Minnesota sex offender program, the Department of Human Services, or the state, 
6.10 	and are not subject to fair labor standards under sections 177.21 to 177.35; workers 
6.11 	compensation under sections 176.011 to 176.862; the Minnesota Human Rights Act under 
6.12 	sections 363A.001 to 363A.41; laws governing state employees under chapter 43A; labor 
6.13 	relations under chapter 179A; or the successors to any of these sections and any other laws 
6.14 	pertaining to employees and employment.

6.15 	Sec. 14. Minnesota Statutes 2009 Supplement, section 246B.06, subdivision 8, is 
6.16 	amended to read:
6.17 		Subd. 8.Claims. Claims and demands arising out of injury to or death of a client
6.18 	civilly committed sex offender while that client individual is participating in the vocational 
6.19 	work program or performing a work assignment maintaining the facility must be presented 
6.20 	to, heard, and determined exclusively by the legislature as provided in section 3.738.

6.21 	Sec. 15. Minnesota Statutes 2009 Supplement, section 246B.07, subdivision 1, is 
6.22 	amended to read:
6.23 		Subdivision 1.Procedures. The commissioner shall determine or redetermine, 
6.24 	if necessary, what amount of the cost of care, if any, the client civilly committed sex 
6.25 	offender is able to pay. The client civilly committed sex offender shall provide to the 
6.26 	commissioner documents and proof necessary to determine the ability to pay. Failure to 
6.27 	provide the commissioner with sufficient information to determine ability to pay may 
6.28 	make the client civilly committed sex offender liable for the full cost of care until the time 
6.29 	when sufficient information is provided.

6.30 	Sec. 16. Minnesota Statutes 2009 Supplement, section 246B.07, subdivision 2, is 
6.31 	amended to read:
7.1 		Subd. 2.Rules. The commissioner shall use the standards in section 246.51, 
7.2 	subdivision 2, to determine the client's civilly committed sex offender's liability for the 
7.3 	care provided by the Minnesota sex offender program.

7.4 	Sec. 17. Minnesota Statutes 2009 Supplement, section 246B.08, is amended to read:
7.5 	246B.08 PAYMENT FOR CARE; ORDER; ACTION.
7.6 	The commissioner shall issue an order to the client civilly committed sex offender or 
7.7 	the guardian of the estate, if there is one, requiring the client civilly committed sex offender
7.8 	or guardian to pay to the state the amounts determined, the total of which must not exceed 
7.9 	the full cost of care. The order must specifically state the commissioner's determination 
7.10 	and must be conclusive, unless appealed. If a client civilly committed sex offender fails to 
7.11 	pay the amount due, the attorney general, upon request of the commissioner, may institute, 
7.12 	or direct the appropriate county attorney to institute, a civil action to recover the amount.

7.13 	Sec. 18. Minnesota Statutes 2009 Supplement, section 246B.09, is amended to read:
7.14 	246B.09 CLAIM AGAINST ESTATE OF DECEASED CLIENT CIVILLY 
7.15 	COMMITTED SEX OFFENDER.
7.16 		Subdivision 1.Client's Estate of a civilly committed sex offender. Upon the 
7.17 	death of a client civilly committed sex offender, or a former client civilly committed sex 
7.18 	offender, the total cost of care provided to the client individual, less the amount actually 
7.19 	paid toward the cost of care by the client civilly committed sex offender, must be filed by 
7.20 	the commissioner as a claim against the estate of the client civilly committed sex offender
7.21 	with the court having jurisdiction to probate the estate, and all proceeds collected by the 
7.22 	state in the case must be divided between the state and county in proportion to the cost 
7.23 	of care each has borne.
7.24 		Subd. 2.Preferred status. An estate claim in subdivision 1 must be considered an 
7.25 	expense of the last illness for purposes of section 524.3-805.
7.26 	If the commissioner determines that the property or estate of a client civilly 
7.27 	committed sex offender is not more than needed to care for and maintain the spouse and 
7.28 	minor or dependent children of a deceased client civilly committed sex offender, the 
7.29 	commissioner has the power to compromise the claim of the state in a manner deemed 
7.30 	just and proper.
7.31 		Subd. 3.Exception from statute of limitations. Any statute of limitations that 
7.32 	limits the commissioner in recovering the cost of care obligation incurred by a client
7.33 	civilly committed sex offender or former client civilly committed sex offender must not 
7.34 	apply to any claim against an estate made under this section to recover cost of care.

8.1 	Sec. 19. Minnesota Statutes 2009 Supplement, section 246B.10, is amended to read:
8.2 	246B.10 LIABILITY OF COUNTY; REIMBURSEMENT.
8.3 	The client's civilly committed sex offender's county shall pay to the state a portion 
8.4 	of the cost of care provided in the Minnesota sex offender program to a client civilly 
8.5 	committed sex offender who has legally settled in that county. A county's payment must 
8.6 	be made from the county's own sources of revenue and payments must equal ten percent of 
8.7 	the cost of care, as determined by the commissioner, for each day or portion of a day, that 
8.8 	the client civilly committed sex offender spends at the facility. If payments received by 
8.9 	the state under this chapter exceed 90 percent of the cost of care, the county is responsible 
8.10 	for paying the state the remaining amount. The county is not entitled to reimbursement 
8.11 	from the client civilly committed sex offender, the client's civilly committed sex offender's
8.12 	estate, or from the client's civilly committed sex offender's relatives, except as provided 
8.13 	in section 246B.07.