HF 3263

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to corrections; providing access to data for 
  1.3             purposes of the commissioner's preliminary 
  1.4             determination whether a petition of civil commitment 
  1.5             as a sexual psychopathic personality or sexually 
  1.6             dangerous person is appropriate; amending Minnesota 
  1.7             Statutes 2000, section 244.05, subdivision 7. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2000, section 244.05, 
  1.10  subdivision 7, is amended to read: 
  1.11     Subd. 7.  [SEX OFFENDERS; CIVIL COMMITMENT DETERMINATION.] 
  1.12  (a) Before the commissioner releases from prison any inmate 
  1.13  convicted under sections 609.342 to 609.345 or sentenced as a 
  1.14  patterned offender under section 609.108, and determined by the 
  1.15  commissioner to be in a high risk category, the commissioner 
  1.16  shall make a preliminary determination whether, in the 
  1.17  commissioner's opinion, a petition under section 253B.185 may be 
  1.18  appropriate.  
  1.19     (b) In making this decision, the commissioner shall have 
  1.20  access to the following data only for the purposes of the 
  1.21  assessment and referral decision: 
  1.22     (1) private medical data under section 13.384 or 144.335, 
  1.23  or welfare data under section 13.46 that relate to medical 
  1.24  treatment of the offender; 
  1.25     (2) private and confidential court services data under 
  1.26  section 13.84; 
  2.1      (3) private and confidential corrections data under section 
  2.2   13.85; and 
  2.3      (4) private criminal history data under section 13.87. 
  2.4      (c) If the commissioner determines that a petition may be 
  2.5   appropriate, the commissioner shall forward this determination, 
  2.6   along with a summary of the reasons for the determination, to 
  2.7   the county attorney in the county where the inmate was convicted 
  2.8   no later than 12 months before the inmate's release date.  If 
  2.9   the inmate is received for incarceration with fewer than 12 
  2.10  months remaining in the inmate's term of imprisonment, or if the 
  2.11  commissioner receives additional information less than 12 months 
  2.12  before release which makes the inmate's case appropriate for 
  2.13  referral, the commissioner shall forward the determination as 
  2.14  soon as is practicable.  Upon receiving the commissioner's 
  2.15  preliminary determination, the county attorney shall proceed in 
  2.16  the manner provided in section 253B.185.  The commissioner shall 
  2.17  release to the county attorney all requested documentation 
  2.18  maintained by the department.