SF 60

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:10am

A bill for an act
relating to public safety; allowing prisoners facing civil commitment in certain
cases to elect to remain confined in state correctional facilities beyond their
scheduled release date; amending Minnesota Statutes 2008, sections 244.05,
subdivisions 1, 1b; 253B.045, subdivision 1; 253B.185, subdivision 5; proposing
coding for new law in Minnesota Statutes, chapter 243.

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

Section 1.

new text begin [243.053] OPTION TO REMAIN IN PRISON FOR OFFENDERS
FACING CIVIL COMMITMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Election to remain confined. new text end

new text begin (a) Upon the approval of the
commissioner of corrections, a person who is committed to the commissioner's custody,
who is being imprisoned in a state correctional facility, who is participating in sex offender
treatment, and who is eligible for supervised release may elect to remain confined in a
state correctional facility for a portion or the remainder of the person's executed sentence
to continue treatment if the person is being petitioned for commitment under section
253B.185 as a sexually dangerous person or as having a sexual psychopathic personality.
new text end

new text begin (b) Upon the resolution of the petition, the completion of treatment, or the
completion of the person's executed sentence, whichever occurs first, the person under
paragraph (a) shall either be released from confinement or transferred to the custody
of the commissioner of human services.
new text end

new text begin Subd. 2. new text end

new text begin Process for election. new text end

new text begin A person who elects to continue confinement under
subdivision 1 may do so only after being informed of the person's right to supervised
release and to be held in a secure treatment facility pending the determination of the
civil commitment petition. The person may waive the right to supervised release and to
be transferred to a secure treatment facility if the waiver is knowing, intelligent, and
voluntary.
new text end

new text begin Subd. 3. new text end

new text begin Terms of confinement. new text end

new text begin A person who elects to continue confinement
under subdivision 1 remains under the custody of the commissioner of corrections in the
same manner and under the same terms as before the person's term of imprisonment
expired, except that the person has the right to request release from imprisonment under
this section. If the person requests release, the commissioner shall accommodate this
request as soon as is practicable. If this occurs, the provisions of chapter 253B govern the
physical custody of the person.
new text end

new text begin Subd. 4. new text end

new text begin No right to treatment. new text end

new text begin Nothing in this section may be construed to
establish a right of an inmate in a state correctional facility to participate in sex offender
treatment. This section must be construed in a manner consistent with the provisions
of section 244.03.
new text end

new text begin Subd. 5. new text end

new text begin Costs of confinement. new text end

new text begin The commissioner of corrections may charge the
county of financial responsibility as determined in section 253B.045, subdivision 2, for the
costs of a person's confinement under this section.
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. 2.

Minnesota Statutes 2008, section 244.05, subdivision 1, is amended to read:

Subdivision 1.

Supervised release required.

Except as provided in subdivisions
1b, 4, and 5, new text begin and section 243.053, new text end every inmate shall serve a supervised release term upon
completion of the inmate's term of imprisonment as reduced by any good time earned
by the inmate or extended by confinement in punitive segregation pursuant to section
244.04, subdivision 2. Except for a sex offender conditionally released under Minnesota
Statutes 2004, section 609.108, subdivision 5, the supervised release term shall be equal to
the period of good time the inmate has earned, and shall not exceed the length of time
remaining in the inmate's sentence.

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 2008, section 244.05, subdivision 1b, is amended to read:

Subd. 1b.

Supervised release; offenders who commit crimes on or after August
1, 1993.

(a) Except as provided in subdivisions 4 and 5, new text begin and section 243.053, new text end every inmate
sentenced to prison for a felony offense committed on or after August 1, 1993, shall serve
a supervised release term upon completion of the inmate's term of imprisonment and
any disciplinary confinement period imposed by the commissioner due to the inmate's
violation of any disciplinary rule adopted by the commissioner or refusal to participate in
a rehabilitative program required under section 244.03. The amount of time the inmate
serves on supervised release shall be equal in length to the amount of time remaining in
the inmate's executed sentence after the inmate has served the term of imprisonment and
any disciplinary confinement period imposed by the commissioner.

(b) No inmate who violates a disciplinary rule or refuses to participate in a
rehabilitative program as required under section 244.03 shall be placed on supervised
release until the inmate has served the disciplinary confinement period for that disciplinary
sanction or until the inmate is discharged or released from punitive segregation
confinement, whichever is later. The imposition of a disciplinary confinement period shall
be considered to be a disciplinary sanction imposed upon an inmate, and the procedure for
imposing the disciplinary confinement period and the rights of the inmate in the procedure
shall be those in effect for the imposition of other disciplinary sanctions at each state
correctional institution.

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 2008, 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 or as provided under
subdivision 1a, no person subject to the provisions of this chapter shall be confined in a
jail or correctional institution, except pursuant to new text begin section 243.053 or new text end 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. 5.

Minnesota Statutes 2008, 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 , new text end and also includes a Department of
Corrections facility when the new text begin :
new text end

new text begin (1) new text end proposed patient is confined in such a facility pursuant to section 253B.045,
subdivision 1a new text begin ; and
new text end

new text begin (2) proposed patient remains in a correctional facility beyond the proposed patient's
release date as provided in section 243.053 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