1.1 	A bill for an act
1.2 	relating to human services; establishing a sex offender civil commitment petition 
1.3 	screening panel for purposes of determining whether the civil commitment 
1.4 	of certain sex offenders is appropriate; requiring county payment of certain 
1.5 	expenses; providing for the identification and development of alternative 
1.6 	treatment facilities; providing for reduction in custody petitions for patients 
1.7 	in alternative programs or assisted living units; requiring implementation of 
1.8 	the statewide judicial panel for commitment proceedings regarding sexual 
1.9 	psychopathic personalities and sexually dangerous persons; providing for 
1.10 	consideration of alternatives to commitment or alternative treatment programs in 
1.11 	certain cases; including provisions governing a stay of commitment; amending 
1.12 	Minnesota Statutes 2010, sections 244.05, subdivision 7; 246B.10; 253B.185, 
1.13 	subdivisions 1, 4, 8, by adding subdivisions; proposing coding for new law in 
1.14 	Minnesota Statutes, chapters 246B; 253B.
1.15 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.16 	Section 1. Minnesota Statutes 2010, section 244.05, subdivision 7, is amended to read:
1.17 		Subd. 7.Sex offenders; civil commitment determination. (a) Before the 
1.18 	commissioner releases from prison any inmate convicted under section 609.342, 
1.19 	609.343, 609.344, 609.345, or 609.3453, or sentenced as a patterned offender under 
1.20 	section 609.3455, subdivision 3a, and determined by the commissioner to be in a high 
1.21 	risk category, the commissioner shall make a preliminary determination whether, in 
1.22 	the commissioner's opinion, a petition under section 253B.185 may be appropriate. 
1.23 	The commissioner's opinion must be based on a recommendation of a Department 
1.24 	of Corrections screening committee and a legal review and recommendation from 
1.25 	independent counsel knowledgeable in the legal requirements of the civil commitment 
1.26 	process. The commissioner may retain a retired judge or other attorney to serve as 
1.27 	independent counsel.
2.1 	(b) In making this decision, the commissioner shall have access to the following data 
2.2 	only for the purposes of the assessment and referral decision:
2.3 	(1) private medical data under section 13.384 or sections 144.291 to 144.298, or 
2.4 	welfare data under section 13.46 that relate to medical treatment of the offender;
2.5 	(2) private and confidential court services data under section 13.84;
2.6 	(3) private and confidential corrections data under section 13.85; and
2.7 	(4) private criminal history data under section 13.87.
2.8 	(c) If the commissioner determines that a petition may be appropriate, the 
2.9 	commissioner shall forward this determination, along with a summary of the reasons for 
2.10 	the determination, to the county attorney in the county where the inmate was convicted
2.11 	sex offender civil commitment petition screening panel under section 253B.184 no 
2.12 	later than 12 months before the inmate's release date. If the inmate is received for 
2.13 	incarceration with fewer than 12 months remaining in the inmate's term of imprisonment, 
2.14 	or if the commissioner receives additional information less than 12 months before 
2.15 	release that makes the inmate's case appropriate for referral, the commissioner shall 
2.16 	forward the determination as soon as is practicable. Upon receiving the commissioner's 
2.17 	preliminary determination, the county attorneypetition screening panel shall proceed in 
2.18 	the manner provided in section 253B.185 253B.184. The commissioner shall release to 
2.19 	the county attorneypetition screening panel all requested documentation maintained 
2.20 	by the department.

2.21 	Sec. 2. Minnesota Statutes 2010, section 246B.10, is amended to read:
2.22 	246B.10 LIABILITY OF COUNTY; REIMBURSEMENT.
2.23 	(a) The civilly committed sex offender's county shall pay to the state a portion of the 
2.24 	cost of care provided in the Minnesota sex offender program to a civilly committed sex 
2.25 	offender who has legally settled in that county. A county's payment must be made from 
2.26 	the county's own sources of revenue and payments must equal ten percent of the cost of 
2.27 	care, as determined by the commissioner, for each day or portion of a day, that the civilly 
2.28 	committed sex offender spends at the facility. If payments received by the state under this 
2.29 	chapter exceed 90 percent of the cost of care, the county is responsible for paying the 
2.30 	state the remaining amount. The county is not entitled to reimbursement from the civilly 
2.31 	committed sex offender, the civilly committed sex offender's estate, or from the civilly 
2.32 	committed sex offender's relatives, except as provided in section 246B.07.
2.33 	(b) The county shall, out of local money, pay the state:
2.34 	(1) five percent of the cost of the housing, treatment, and supervision of individuals 
2.35 	who have received a conditional release under section 253B.185, subdivision 1d, or who 
3.1 	have been placed in an alternative facility under section 246B.20 or 253B.185, subdivision 
3.2 	1c; or
3.3 	(2) 25 percent of costs for patients who do not have a conviction as an adult for a 
3.4 	sex offense, as defined in section 609.3457, subdivision 4.

3.5 	Sec. 3. [246B.20] ALTERNATIVE FACILITIES.
3.6 	The commissioner of human services shall identify existing alternative settings to 
3.7 	which civilly committed sex offenders in the alternative program and assisted living unit 
3.8 	of the Minnesota sex offender program can be appropriately and safely transferred or 
3.9 	provisionally discharged or in which patients who are committed to an alternative program 
3.10 	under section 253B.185, subdivision 1c, may be placed. If existing alternative facilities are 
3.11 	insufficient in number or inadequate to provide for the care and supervision of individuals 
3.12 	being transferred or provisionally discharged, or for individuals who are committed to 
3.13 	an alternative program or who receive a conditional release under section 253B.185, 
3.14 	subdivision 1d, the commissioner shall develop and operate alternative facilities.

3.15 	Sec. 4. [246B.30] PETITION FOR REDUCTION IN CUSTODY.
3.16 	The head of the treatment facility may exercise the authority under section 
3.17 	253B.185, subdivision 9, paragraph (c), to file a petition for a reduction in custody on 
3.18 	behalf of an individual in the alternative program or assisted living unit who does not 
3.19 	initiate a petition for a reduction in custody.

3.20 	Sec. 5. [253B.184] SEX OFFENDER CIVIL COMMITMENT SCREENING 
3.21 	PANEL.
3.22 	(a) A sex offender civil commitment screening panel is established. The panel is 
3.23 	comprised of five members, to be appointed as follows:
3.24 	(1) two retired judges appointed by the chief justice of the Supreme Court;
3.25 	(2) two attorneys experienced in mental health and commitment law appointed by 
3.26 	the attorney general; and
3.27 	(3) one licensed psychologist or psychiatrist appointed by the commissioner of 
3.28 	human services.
3.29 	(b) The screening panel shall review a preliminary determination made by the 
3.30 	commissioner of corrections under section 244.05, subdivision 7, that a petition under 
3.31 	section 253B.185 may be appropriate and make a final recommendation as to whether 
3.32 	the county attorney should proceed with a petition. The screening panel shall notify the 
4.1 	county attorney in the county where the inmate was convicted of its recommendation 
4.2 	under this section.
4.3 	(c) The screening panel has access to the data specified in section 244.05, 
4.4 	subdivision 7, paragraph (b), for purposes of making a recommendation under this section. 
4.5 	The screening panel shall release requested documentation for its recommendation to the 
4.6 	county attorney, including documentation created by the screening panel or received from 
4.7 	the commissioner of corrections.

4.8 	Sec. 6. Minnesota Statutes 2010, section 253B.185, subdivision 1, is amended to read:
4.9 		Subdivision 1.Commitment generally. (a) Except as otherwise provided in this 
4.10 	section, the provisions of this chapter pertaining to persons who are mentally ill and 
4.11 	dangerous to the public apply with like force and effect to persons who are alleged or 
4.12 	found to be sexually dangerous persons or persons with a sexual psychopathic personality. 
4.13 	For purposes of this section, "sexual psychopathic personality" includes any individual 
4.14 	committed as a "psychopathic personality" under Minnesota Statutes 1992, section 526.10.
4.15 	(b) Before commitment proceedings are instituted, the facts shall first be submitted 
4.16 	to the county attorney, who, if satisfied that good cause exists, will prepare the petition. 
4.17 	The county attorney may request a prepetition screening report. The petition is to be 
4.18 	executed by a person having knowledge of the facts and filed with the district court of the 
4.19 	county of financial responsibility or the county where the patient is present. If the patient 
4.20 	is in the custody of the commissioner of corrections, the petition may be filed in the county 
4.21 	where the conviction for which the person is incarcerated was entered Supreme Court for 
4.22 	referral to the statewide judicial panel established under subdivision 4. If the proposed 
4.23 	patient may qualify for an alternative facility placement under subdivision 1c, the petition 
4.24 	must include a statement to this effect and request the court to order an evaluation of the 
4.25 	proposed patient to determine the most appropriate disposition and placement.
4.26 	(c) The county attorney may request a prepetition screening report. If the proposed 
4.27 	patient does not have a conviction as an adult for a sex offense, as defined in section 
4.28 	609.3457, subdivision 4, the county attorney shall request a prepetition screening report 
4.29 	and the report must identify and recommend alternatives to civil commitment under this 
4.30 	section. A petition for commitment under this section of a patient who does not have a 
4.31 	conviction as an adult for a sex offense must explain the alternatives to commitment that 
4.32 	were considered and whether these alternatives were pursued before the petition was filed.
4.33 	(c)(d) Upon the filingreceipt of a petition alleging that a proposed patient is a 
4.34 	sexually dangerous person or is a person with a sexual psychopathic personality, the court
4.35 	presiding judge shall hear the petition as provided in section 253B.18.
5.1 	(d)(e) In commitments under this section, the court shall commit the patient to a 
5.2 	secure treatment facility unless the patient establishes by clear and convincing evidence 
5.3 	that a less restrictive treatment program is available that is consistent with the patient's 
5.4 	treatment needs and the requirements of public safety or the court determines that the 
5.5 	patient should be placed in an alternative program under subdivision 1c or a conditional 
5.6 	release under subdivision 1d is appropriate.
5.7 	(e)(f) After a final determination that a patient is a sexually dangerous person or 
5.8 	sexual psychopathic personality, the court shall order commitment for an indeterminate 
5.9 	period of time and the patient shall be transferred, provisionally discharged, or discharged, 
5.10 	only as provided in this section.

5.11 	Sec. 7. Minnesota Statutes 2010, section 253B.185, is amended by adding a 
5.12 	subdivision to read:
5.13 		Subd. 1c.Alternative facility placements. (a) This subdivision applies to a 
5.14 	proposed patient who is diagnosed as having a cognitive defect that may affect the patient's 
5.15 	ability to effectively participate in, or benefit from, a traditional treatment program 
5.16 	in a secure treatment facility or who, because of advanced age or physical disability, 
5.17 	could be effectively and safely managed in an alternative treatment facility or program. 
5.18 	For purposes of this subdivision, "cognitive defect" includes significantly subaverage 
5.19 	intellectual functioning existing concurrently with demonstrated deficits in adaptive 
5.20 	behavior, or compromised executive functioning evidenced by subaverage intellectual 
5.21 	functioning, learning disabilities, traumatic brain injury, or neurological impairment.
5.22 	(b) If the court determines that this subdivision applies to a proposed patient, the 
5.23 	court shall commit the patient to an alternative facility under section 246B.20 or, if 
5.24 	appropriate, issue a conditional release under subdivision 1d. The court may commit the 
5.25 	patient to an alternative program in a secure treatment facility only if an alternative facility 
5.26 	is not available and a conditional release is not appropriate or if the court determines that 
5.27 	commitment to a secure treatment facility is necessary for public safety.

5.28 	Sec. 8. Minnesota Statutes 2010, section 253B.185, is amended by adding a 
5.29 	subdivision to read:
5.30 		Subd. 1d.Conditional release. (a) The court may order the conditional release 
5.31 	of a proposed patient if:
5.32 	(1) the proposed patient does not have a conviction as an adult for a sex offense, as 
5.33 	defined in section 609.3457, subdivision 4;
5.34 	(2) the proposed patient qualifies for an alternative program under subdivision 1c; or
6.1 	(3) the court finds that, based on the nature and circumstances of the behavior and 
6.2 	the mental or emotional condition that forms the basis for the commitment, the proposed 
6.3 	patient is not likely to engage in harmful sexual conduct if placed on a conditional release 
6.4 	with appropriate terms and conditions.
6.5 	(b) If the court finds that the conditional release of a proposed patient is appropriate, 
6.6 	the court shall notify the Minnesota sex offender program, which must prepare a plan 
6.7 	that identifies the treatment and services that the patient will receive in the community 
6.8 	and includes recommendations regarding the conditions of the release. The plan must 
6.9 	be presented to the court for its approval within 60 days after the court finds that a 
6.10 	conditional release is appropriate, unless the program and the patient request additional 
6.11 	time to develop the plan.
6.12 	(c) An order for conditional release places the patient in the custody and control 
6.13 	of the commissioner of human services for the provision of treatment, services, and 
6.14 	supervision under the Minnesota sex offender program and the patient is subject to the 
6.15 	conditions set by the court and the program. At a minimum, these conditions must include 
6.16 	requirements that the patient:
6.17 	(1) report to or appear before an individual or agency as directed by the court or the 
6.18 	program;
6.19 	(2) comply with any applicable registration requirements under section 243.166;
6.20 	(3) not commit a crime or possess a firearm or other dangerous weapon;
6.21 	(4) not leave the state without the consent of the court or, in circumstances in which 
6.22 	the reason for the absence is of such an emergency nature that prior consent by the court is 
6.23 	not possible, without the consent of the program;
6.24 	(5) attend and fully participate in assessment, treatment, and behavior monitoring, 
6.25 	including medical, psychological or psychiatric treatment specific to sex offenders, or 
6.26 	chemical dependency treatment, based on the plan approved by the court under paragraph 
6.27 	(b);
6.28 	(6) submit to the search of the patient's person, residence, vehicle, or any personal or 
6.29 	real property under the patient's control at any time by the program;
6.30 	(7) refrain from having any contact, including written or oral communications, 
6.31 	directly or indirectly, with certain specified individuals, including a victim of a crime 
6.32 	committed by the patient or the victim's family; and
6.33 	(8) not establish any living arrangement or residence without prior approval of the 
6.34 	program.
6.35 	(d) If the program determines that a patient released under this subdivision has 
6.36 	violated a condition of release or is exhibiting behavior that may be dangerous to self 
7.1 	or others or that the interests of public safety requires that the conditional release be 
7.2 	revoked, the program may request the court to issue an emergency ex parte order directing 
7.3 	a law enforcement agency to take the person into custody and transport the person to 
7.4 	a Department of Corrections or county correctional or detention facility or a secure 
7.5 	treatment facility. The county attorney or the program shall submit a statement showing 
7.6 	probable cause for the detention and submit a petition to revoke the conditional release 
7.7 	order within 48 hours after the detention. The court shall hear the petition within 30 days, 
7.8 	unless the hearing or deadline is waived by the patient. If the court determines that a 
7.9 	condition of release has been violated or that the safety of the patient or others requires 
7.10 	that the conditional release be revoked, the court shall revoke the conditional release and 
7.11 	order an appropriate commitment placement under this section.
7.12 	(e) This subdivision does not affect or replace any applicable registration 
7.13 	requirements under section 243.166 or notice requirements under sections 244.052 and 
7.14 	244.053.

7.15 	Sec. 9. Minnesota Statutes 2010, section 253B.185, subdivision 4, is amended to read:
7.16 		Subd. 4.Statewide judicial panel; commitment proceedings. (a) The Supreme 
7.17 	Court mayshall establish a panel of district judges with statewide authority to preside over 
7.18 	commitment proceedings of sexual psychopathic personalities and sexually dangerous 
7.19 	persons. Only one judge of the panel is required to preside over a particular commitment 
7.20 	proceeding. Panel members shall serve for one-year terms. One of the judges shall be 
7.21 	designated as the chief judge of the panel, and is vested with the power to designate the 
7.22 	presiding judge in a particular case, to set the proper venue for the proceedings, and to 
7.23 	otherwise supervise and direct the operation of the panel. The chief judge shall designate 
7.24 	one of the other judges to act as chief judge whenever the chief judge is unable to act.
7.25 	(b) If the Supreme Court creates the judicial panel authorized by this section, All 
7.26 	petitions for civil commitment brought under subdivision 1this section shall be filed with 
7.27 	the Supreme Court instead of with the district court in the county where the proposed 
7.28 	patient is present, notwithstanding any provision of subdivision 1 to the contrary. 
7.29 	Otherwise, all of the other applicable procedures contained in this chapter apply to 
7.30 	commitment proceedings conducted by a judge on the panel.

7.31 	Sec. 10. Minnesota Statutes 2010, section 253B.185, subdivision 8, is amended to read:
7.32 		Subd. 8.Petition and report required. (a) Within 120 days of receipt of 
7.33 	a preliminary determination from a court under section 609.1351, or a referral
7.34 	recommendation from the commissioner of corrections pursuant to section 244.05, 
8.1 	subdivision 7 sex offender civil commitment screening panel under section 253B.184, 
8.2 	a county attorney shall determine whether good cause under this section exists to file a 
8.3 	petition, and if good cause exists, the county attorney or designee shall file the petition 
8.4 	with the court. If the sex offender screening panel does not recommend a commitment 
8.5 	under this section and the county attorney proceeds with the petition, the petition must 
8.6 	articulate the basis for the county attorney's determination that a petition is appropriate.
8.7 	(b) Failure to meet the requirements of paragraph (a) does not bar filing a petition 
8.8 	under subdivision 1 any time the county attorney determines pursuant to subdivision 1 
8.9 	that good cause for such a petition exists.