HF 341

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to civil commitment of sexually dangerous
persons and persons with sexual psychopathic
personalities; requiring the Department of Corrections
and attorney general's office to work together to
determine whether a petition should be filed to
commence civil commitment proceedings; requiring the
attorney general to pursue certain commitments;
allowing counties to pursue certain commitments when
the attorney general does not pursue commitments;
requiring committed individuals to be committed to
governmental facilities; amending Minnesota Statutes
2004, sections 8.01; 13.851, subdivision 5; 244.05,
subdivision 7; 253B.185, subdivisions 1, 1b.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 8.01, is
amended to read:

8.01 APPEARANCE.

new text begin (a) new text end The attorney general shall appear for the state in all
causes in the supreme and federal courts wherein the state is
directly interested; also in all civil causes of like nature in
all other courts of the state whenever, in the attorney
general's opinion, the interests of the state require it. Upon
request of the county attorney, the attorney general shall
appear in court in such criminal cases as the attorney general
deems proper. deleted text begin Upon request of a county attorney, deleted text end new text begin Whenever the
governor requests, in writing, the attorney general shall
prosecute any person charged with an indictable offense, and in
all such cases may attend upon the grand jury and exercise the
powers of a county attorney.
new text end

new text begin (b) new text end The attorney general deleted text begin may deleted text end new text begin shall new text end assume deleted text begin the duties of the
county attorney in deleted text end new text begin responsibility for new text end sexual psychopathic
personality and sexually dangerous person commitment proceedings
under section 253B.185 deleted text begin . Whenever the governor shall so request,
in writing, the attorney general shall prosecute any person
charged with an indictable offense, and in all such cases may
attend upon the grand jury and exercise the powers of a county
attorney deleted text end new text begin when a determination has been made under section
244.05, subdivision 7, paragraph (b), that the attorney general
shall file a petition for commitment. Upon request of the
county attorney in the county of conviction, the attorney
general shall assist the county attorney in proceedings under
section 253B.185 when a determination has been made under
section 244.05, subdivision 7, paragraph (d) new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 2.

Minnesota Statutes 2004, section 13.851,
subdivision 5, is amended to read:

Subd. 5.

Sex offenders; civil commitment determination;
commissioner of corrections.

Data provided to the county
attorney new text begin and attorney general new text end under section 244.05, subdivision
7, are governed by that section.

Sec. 3.

Minnesota Statutes 2004, section 244.05,
subdivision 7, is amended to read:

Subd. 7.

deleted text begin sex offenders; deleted text end new text begin prerelease new text end civil commitment
determination.

(a) deleted text begin Before the commissioner releases from prison
any inmate convicted under sections 609.342 to 609.345 or
sentenced as a patterned offender under section 609.108, and
determined by the commissioner to be in a high risk category,
the commissioner shall make a preliminary determination whether,
in the commissioner's opinion, a petition under section 253B.185
may be appropriate. deleted text end new text begin At least 12 months before a sex offender's
scheduled release date, the commissioner of corrections must
release to the attorney general all information and records
necessary to determine whether a petition shall be filed for
commitment of the individual as a sexual psychopathic
personality or sexually dangerous person under section 253B.185.
The commissioner also must release to the attorney general all
requested documentation maintained by the department. If a sex
offender is received for incarceration with fewer than 12 months
remaining in the inmate's term of imprisonment, the commissioner
shall forward the information as soon as is practicable.
new text end

(b) new text begin Within 45 days after the commissioner releases
information to the attorney general, the commissioner and
attorney general shall meet to determine whether the attorney
general shall proceed with a petition under section 253B.185.
The commissioner and attorney general may delegate someone from
each respective office to attend the meeting. The commissioner
of corrections must ensure that an employee knowledgeable and
experienced in assessing sex offenders' risk of reoffense
attends each meeting, and the attorney general must ensure that
an assistant attorney general specializing in commitments under
section 253B.185 attends each meeting. The parties at this
meeting must make a decision whether the attorney general's
office shall proceed with a petition for commitment under
section 253B.185. If the commissioner and attorney general
determine a petition shall be filed for commitment, the attorney
general shall immediately take steps toward pursuing civil
commitment of the individual under section 253B.185.
new text end

new text begin (c) If the commissioner and attorney general make a
determination that a petition for civil commitment under section
253B.185 shall not be filed, the commissioner must forward all
information used in making the determination to the county
attorney in the county of conviction, along with the
determination made by the commissioner and attorney general.
Notwithstanding the decision made by the commissioner and the
attorney general, the county attorney may file a petition under
section 253B.185.
new text end

new text begin (d) If additional information that might support a petition
for commitment becomes available after the commissioner and
attorney general make a determination under paragraph (b),
including information arising out of an end-of-confinement
review committee's risk assessment under section 244.052, the
commissioner must provide the information to the attorney
general and meet with the attorney general as soon as is
practicable to consider whether a petition is appropriate given
this new information. The commissioner must simultaneously
provide the same information to the county attorney in the
county of commitment.
new text end

new text begin If the commissioner and attorney general determine a
petition for commitment is appropriate given the new
information, the attorney general shall consult with the county
attorney in the county of conviction to determine whether the
county has filed or is planning to file a petition for
commitment. If the county has filed a petition or plans to do
so and requests assistance from the attorney general, the
attorney general shall assist the county in proceeding with the
commitment or assume responsibility for the commitment
proceedings. If the county has not filed a petition and does
not intend to do so, the attorney general shall file a petition
to commence commitment proceedings under section 253B.185.
new text end

new text begin If, after review of the additional information, the
commissioner and attorney general determine that a petition
shall not be filed, the county attorney in the county of
commitment may file a petition to pursue commitment proceedings
under section 253B.185.
new text end

new text begin (e) When the attorney general files a petition under
section 253B.185, the attorney general must notify the
commissioner and the county attorney of the county of conviction
of its actions. If the county attorney files a petition under
section 253B.185, the county must notify the commissioner and
attorney general of its actions.
new text end

new text begin (f) new text end In making deleted text begin this deleted text end new text begin a new text end decision new text begin whether to proceed with a
petition under section 253B.185 new text end , the commissioner new text begin and attorney
general new text end shall have access to the following data deleted text begin only for the
purposes of the assessment and referral decision deleted text end :

(1) private medical data under section 13.384 or 144.335,
or welfare data under section 13.46 that relate to medical
treatment of the offender;

(2) private and confidential court services data under
section 13.84;

(3) private and confidential corrections data under section
13.85; and

(4) private criminal history data under section 13.87.

new text begin If the county attorney of the county of conviction files
the petition for commitment under section 253B.185, the county
attorney shall have access to the data listed in this paragraph.
new text end

new text begin (g) For the purpose of this subdivision, "sex offender"
means any inmate convicted under sections 609.342 to 609.345 or
sentenced as a patterned offender under section 609.108, and
determined by the commissioner to be in a high-risk category.
new text end

deleted text begin (c) If the commissioner determines that a petition may be
appropriate, the commissioner shall forward this determination,
along with a summary of the reasons for the determination, to
the county attorney in the county where the inmate was convicted
no later than 12 months before the inmate's release date. If
the inmate is received for incarceration with fewer than 12
months remaining in the inmate's term of imprisonment, or if the
commissioner receives additional information less than 12 months
before release which makes the inmate's case appropriate for
referral, the commissioner shall forward the determination as
soon as is practicable. Upon receiving the commissioner's
preliminary determination, the county attorney shall proceed in
the manner provided in section 253B.185. The commissioner shall
release to the county attorney all requested documentation
maintained by the department.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 4.

Minnesota Statutes 2004, section 253B.185,
subdivision 1, is amended to read:

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 new text begin attorney
general or new text end county attorney, new text begin as appropriate, new text end who, if satisfied
that good cause exists, will prepare the petition. The new text begin attorney
general or new text end 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 deleted text begin a deleted text end new text begin the Minnesota sexual
psychopathic personality treatment center created under chapter
246B or an existing new text end secure new text begin state or county new text end treatment
facility deleted text begin 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 deleted text end new text begin , depending upon the patient's
specific needs new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 5.

Minnesota Statutes 2004, section 253B.185,
subdivision 1b, is amended to read:

Subd. 1b.

new text begin attorney general and new text end 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 deleted text begin refers deleted text end new text begin and attorney general determine new text end the case new text begin is an
appropriate one new text end for commitment new text begin of an individual new text end 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 new text begin attorney general or
attorney general's designee or new text end county attorney or new text begin county
attorney's new text end 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end