HF 3358

as introduced - 88th Legislature (2013 - 2014) Posted on 04/28/2014 11:02am

A bill for an act
relating to judiciary; limiting appellate and postconviction relief for juvenile
sentenced to life without possibility of release that was final before June 25,
2012; requiring filing of civil commitment petition for certain offenders;
amending Minnesota Statutes 2012, sections 253B.18, subdivision 1; 609.106, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2012, section 253B.18, subdivision 1, is amended to read:

Subdivision 1.

Procedure.

(a) Upon the filing of a petition alleging that a proposed
patient is a person who is mentally ill and dangerous to the public, the court shall hear
the petition as provided in sections 253B.07 and 253B.08. If the court finds by clear and
convincing evidence that the proposed patient is a person who is mentally ill and dangerous
to the public, it shall commit the person to a secure treatment facility or to a treatment
facility willing to accept the patient under commitment. The court shall commit the
patient to a secure treatment facility 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. In any case where the
petition was filed immediately following the acquittal of the proposed patient for a crime
against the person pursuant to a verdict of not guilty by reason of mental illness, the verdict
constitutes evidence that the proposed patient is a person who is mentally ill and dangerous
within the meaning of this section. The proposed patient has the burden of going forward
in the presentation of evidence. The standard of proof remains as required by this chapter.
Upon commitment, admission procedures shall be carried out pursuant to section 253B.10.

(b) Once a patient is admitted to a treatment facility pursuant to a commitment
under this subdivision, treatment must begin regardless of whether a review hearing
will be held under subdivision 2.

new text begin (c) The commissioner of human services shall file a petition for commitment under
this subdivision for each offender who has their sentence of life without possibility of
release reduced by a court based on the United States Supreme Court decision in Miller v.
Alabama, 132 S. Ct. 2455 (2012).
new text end

Sec. 2.

Minnesota Statutes 2012, section 609.106, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin Relief limited. new text end

new text begin Notwithstanding any law to the contrary, a defendant is not
entitled to appellate or postconviction relief based on the United States Supreme Court
decision in Miller v. Alabama, 132 S. Ct. 2455 (2012), from a conviction or sentence
imposed under this section that was final before June 25, 2012.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment,
and applies to petitions, appeals, or writs filed on, before, or after that date.
new text end