HF 3257

1st Committee Engrossment - 85th Legislature (2007 - 2008) Posted on 12/22/2009 12:39pm

A bill for an act
relating to civil commitment; allowing persons facing civil commitment as
sexually dangerous persons or sexual psychopathic personalities to choose to
be confined in correctional facilities while the petition is being adjudicated;
addressing the cost of care for persons facing civil commitment; addressing
access to certain data by county attorneys on persons facing civil commitment;
amending Minnesota Statutes 2006, sections 13.851, by adding a subdivision;
253B.045, subdivisions 1, 2, by adding a subdivision; 253B.185, subdivision 5;
Minnesota Statutes 2007 Supplement, section 253B.185, subdivision 1b.

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

Section 1.

Minnesota Statutes 2006, section 13.851, is amended by adding a
subdivision to read:

new text begin Subd. 9. new text end

new text begin Civil commitment of sexual offenders. new text end

new text begin Data relating to the preparation
of a petition to commit an individual as a dangerous sex offender is governed by section
253B.185, subdivision 1b.
new text end

Sec. 2.

Minnesota Statutes 2006, section 253B.045, subdivision 1, is amended to read:

Subdivision 1.

Restriction.

Except when ordered by the court pursuant to a finding
of necessity to protect the life of the proposed patient or others new text begin or as provided under
subdivision 1a new text end , no person subject to the provisions of this chapter shall be confined in a
jail or correctional institution, except pursuant to chapter 242 or 244.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2006, section 253B.045, is amended by adding a
subdivision to read:

new text begin Subd. 1a. new text end

new text begin Exception. new text end

new text begin A person who is being petitioned for commitment
under section 253B.185 and who is placed under a judicial hold order under section
253B.07, subdivision 2b or 7, may be confined at a Department of Corrections or a
county correctional or detention facility, rather than a secure treatment facility, until a
determination of the commitment petition as specified in this subdivision.
new text end

new text begin (a) A court may order that a person who is being petitioned for commitment under
section 253B.185 be confined in a Department of Corrections facility pursuant to the
judicial hold order under the following circumstances and conditions:
new text end

new text begin (1) The person is currently serving a sentence in a Department of Corrections
facility and the court determines that the person has made a knowing and voluntary (i)
waiver of the right to be held in a secure treatment facility and (ii) election to be held in a
Department of Corrections facility. The order confining the person in the Department of
Corrections facility shall remain in effect until the court vacates the order or the person's
criminal sentence and conditional release term expire.
new text end

new text begin (2) A person who has elected to be confined in a Department of Corrections facility
under this subdivision may revoke the election by filing a written notice of intent to revoke
the election with the court and serving the notice upon the Department of Corrections and
the county attorney. The court shall order the person transferred to a secure treatment
facility within 15 days of the date that the notice of revocation was filed with the court,
except that, if the person has additional time to serve in prison at the end of the 15-day
period, the person shall not be transferred to a secure treatment facility until the person's
prison term expires. After a person has revoked an election to remain in a Department of
Corrections facility under this subdivision, the court may not adopt another election to
remain in a Department of Corrections facility without the agreement of both parties and
the Department of Corrections.
new text end

new text begin (3) Upon petition by the commissioner of corrections, after notice to the parties
and opportunity for hearing and for good cause shown, the court may order that the
person's place of confinement be changed from the Department of Corrections to a secure
treatment facility.
new text end

new text begin (4) While at a Department of Corrections facility pursuant to this subdivision, the
person shall remain subject to all rules and practices applicable to correctional inmates in
the facility in which the person is placed, including, but not limited to, the powers and
duties of the commissioner of corrections under section 241.01, powers relating to use of
force under section 243.52, and the right of the commissioner of corrections to determine
the place of confinement in a prison, reformatory, or other facility.
new text end

new text begin (5) A person may not be confined in a Department of Corrections facility under this
provision beyond the end of the person's executed sentence or the end of any applicable
conditional release period, whichever is later. If a person confined in a Department of
Corrections facility pursuant to this provision reaches the person's supervised release
date and is subject to a period of conditional release, the period of conditional release
shall commence on the supervised release date even though the person remains in the
Department of Corrections facility pursuant to this provision. At the end of the later of
the executed sentence or any applicable conditional release period, the person shall be
transferred to a secure treatment facility.
new text end

new text begin (b) The committing county may offer a person who is being petitioned for
commitment under section 253B.185 and who is placed under a judicial hold order under
section 253B.07, subdivision 2b or 7, the option to be held in a county correctional or
detention facility rather than a secure treatment facility, under such terms as may be agreed
to by the county, the commitment petitioner, and the commitment respondent. If a person
makes such an election under this paragraph, the court hold order shall specify the terms
of the agreement, including the conditions for revoking the election.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2006, section 253B.045, subdivision 2, is amended to read:

Subd. 2.

Facilities.

Each county or a group of counties shall maintain or provide
by contract a facility for confinement of persons held temporarily for observation,
evaluation, diagnosis, treatment, and care. When the temporary confinement is provided
at a regional treatment center, the commissioner shall charge the county of financial
responsibility for the costs of confinement of persons hospitalized under section 253B.05,
subdivisions 1 and 2, and section 253B.07, subdivision 2b, except that the commissioner
shall bill the responsible health plan first. If the person has health plan coverage, but the
hospitalization does not meet the criteria in subdivision 6 or section 62M.07, 62Q.53,
or 62Q.535, the county is responsible. new text begin When a person is temporarily confined in a
Department of Corrections facility solely under subdivision 1a, and not based on any
separate correctional authority, the commissioner of corrections may charge the county of
financial responsibility for the costs of confinement. new text end "County of financial responsibility"
means the county in which the person resides at the time of confinement or, if the person
has no residence in this state, the county which initiated the confinement. The charge new text begin
for confinement in a facility operated by the commissioner of human services new text end shall be
based on the commissioner's determination of the cost of care pursuant to section 246.50,
subdivision 5. When there is a dispute as to which county is the county of financial
responsibility, the county charged for the costs of confinement shall pay for them pending
final determination of the dispute over financial responsibility. Disputes about the county
of financial responsibility shall be submitted to the commissioner to be settled in the
manner prescribed in section 256G.09.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

Minnesota Statutes 2007 Supplement, section 253B.185, subdivision 1b,
is amended to read:

Subd. 1b.

County attorney access to data.

Notwithstanding sections 144.291
to 144.298; 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 refers the case
for commitment 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 county attorney or 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. new text begin Notwithstanding any provision
of chapter 13 or other state law, a county attorney considering the civil commitment of a
person under this section may obtain records and data from the Department of Corrections
or any probation or parole agency in this state upon request, without a court order, 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.
new text end

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 the day following final enactment.
new text end

Sec. 6.

Minnesota Statutes 2006, section 253B.185, subdivision 5, is amended to read:

Subd. 5.

Financial responsibility.

(a) For purposes of this subdivision, "state
facility" has the meaning given in section 246.50 new text begin and also includes a Department of
Corrections facility when the proposed patient is confined in such a facility pursuant to
section 253B.045, subdivision 1a new text end .

(b) Notwithstanding sections 246.54, 253B.045, and any other law to the contrary,
when a petition is filed for commitment under this section pursuant to the notice required
in section 244.05, subdivision 7, the state and county are each responsible for 50 percent of
the cost of the person's confinement at a state facility or county jail, prior to commitment.

(c) The county shall submit an invoice to the state court administrator for
reimbursement of the state's share of the cost of confinement.

(d) Notwithstanding paragraph (b), the state's responsibility for reimbursement is
limited to the amount appropriated for this purpose.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end