HF 2568

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public safety; funding precommitment 
  1.3             detention of persons with sexual psychopathic 
  1.4             personalities and sexually dangerous persons; amending 
  1.5             Minnesota Statutes 2002, section 253B.185, subdivision 
  1.6             5. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, section 253B.185, 
  1.9   subdivision 5, is amended to read: 
  1.10     Subd. 5.  [FINANCIAL RESPONSIBILITY.] (a) For purposes of 
  1.11  this subdivision, "state facility" has the meaning given in 
  1.12  section 246.50. 
  1.13     (b) Notwithstanding sections 246.54, 253B.045, and any 
  1.14  other law to the contrary, when a petition is filed for 
  1.15  commitment under this section pursuant to the notice required in 
  1.16  section 244.05, subdivision 7, the state and county are each 
  1.17  responsible for 50 percent of the cost of the person's 
  1.18  confinement at a state facility or county jail, prior to 
  1.19  commitment, except as provided in paragraph (d). 
  1.20     (c) The county shall submit an invoice to the state court 
  1.21  administrator for reimbursement of the state's share of the cost 
  1.22  of confinement. 
  1.23     (d) Notwithstanding paragraph (b), the state's 
  1.24  responsibility for reimbursement is limited to the amount 
  1.25  appropriated for this purpose. After December 1, 2003, when a 
  1.26  petition is filed for commitment under this section pursuant to 
  2.1   notice required in section 244.05, subdivision 7, the state is 
  2.2   responsible for the entire cost of the person's precommitment 
  2.3   confinement at a state facility if: 
  2.4      (1) the commissioner of corrections received the person for 
  2.5   incarceration with at least 12 months remaining in the person's 
  2.6   term of imprisonment and the commissioner did not notify the 
  2.7   county attorney of the county where the person was convicted at 
  2.8   least 12 months before the person's release date that a petition 
  2.9   for civil commitment may be appropriate; or 
  2.10     (2) the commissioner of corrections received the person for 
  2.11  incarceration with less than 12 months remaining in the person's 
  2.12  term of imprisonment and the commissioner did not notify the 
  2.13  county attorney of the county where the person was convicted 
  2.14  prior to the person's release date that a petition for civil 
  2.15  commitment may be appropriate.  
  2.16     In all cases identified in clause (1) or (2), the 
  2.17  commissioner of corrections must reimburse counties for costs, 
  2.18  up to $2,500 per person, incurred to retain independent 
  2.19  psychologists to assist the counties in determining whether good 
  2.20  cause exists to file a petition under this section. 
  2.21     [EFFECTIVE DATE.] This section is effective the day 
  2.22  following final enactment.