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SF 1014

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/15/2013 02:21pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to human services; modifying provisions related to the Minnesota
sex offender program; requiring a public education campaign; modifying the
Civil Commitment Act; amending Minnesota Statutes 2012, section 253B.185,
subdivision 1, by adding subdivisions.

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

ARTICLE 1

STRICT AND INTENSIVE SUPERVISION AND TREATMENT AND
PUBLIC EDUCATION CAMPAIGN

Section 1. new text begin STRICT AND INTENSIVE SUPERVISION AND TREATMENT.
new text end

new text begin The commissioner of human services shall ensure there are an adequate number
of facilities that provide strict and intensive supervision and treatment for individuals
civilly committed under Minnesota Statutes, section 253B.185, who are court-ordered
to strict and intensive supervision and treatment placement. The facilities must meet
public safety requirements as specified by the commissioners of human services, public
safety, and corrections, and ensure the safety of the public while meeting the treatment
needs of the civilly committed population. The commissioner shall use the information
resulting from the January 2013 request for information to determine existing capacity for
a range of options for facilities, and treatment that is effective and appropriate and allows
progression. If the capacity is insufficient, the commissioner shall develop or contract to
provide additional facilities, services, and treatment to meet the need.
new text end

Sec. 2. new text begin EDUCATION RELATING TO SEX OFFENDER CIVIL COMMITMENT
PROCEDURAL CHANGES.
new text end

new text begin The commissioner of human services shall develop and provide education to judges
and court staff, county attorneys and other lawyers, and court-appointed examiners about
the civil commitment procedural changes under article 2 and the strict and intensive
supervision and treatment under section 1.
new text end

Sec. 3. new text begin PUBLIC EDUCATION CAMPAIGN.
new text end

new text begin The commissioner of human services shall develop a public education campaign
informing the general public about the 2012 class action lawsuit relating to the Minnesota
sex offender program (MSOP), the court's rulings, including the order from the court
establishing the sex offender civil commitment advisory task force and the work of the
task force, and the response by the legislature resulting in the legislation in this bill.
The public education campaign must be a statewide effort to educate Minnesotans on
the process of civilly committing sex offenders and the emerging policy in response to
the court's decisions, and related issues.
new text end

ARTICLE 2

CIVIL COMMITMENT MODIFICATIONS

Section 1.

Minnesota Statutes 2012, section 253B.185, subdivision 1, is amended to
read:


Subdivision 1.

Commitment generally.

(a) Except as otherwise provided in this
section, the provisions of this chapter pertaining to persons who are mentally ill and
dangerous to the public apply with like force and effect to persons who are alleged or
found to be sexually dangerous persons or persons with a sexual psychopathic personality.
For purposes of this section, "sexual psychopathic personality" includes any individual
committed as a "psychopathic personality" under Minnesota Statutes 1992, section 526.10.

(b) Before commitment proceedings are instituted, the facts shall first be submitted
to the county attorney, who, if satisfied that good cause exists, will prepare the petition.
The county attorney may request a prepetition screening report. The petition is to be
executed by a person having knowledge of the facts and filed with the district court of the
county of financial responsibility or the county where the patient is present. If the patient
is in the custody of the commissioner of corrections, the petition may be filed in the county
where the conviction for which the person is incarcerated was entered.

(c) Upon the filing of a petition alleging that a proposed patient is a sexually
dangerous person or is a person with a sexual psychopathic personality, the court shall
new text begin conduct a bifurcated hearing. The first phase of the bifurcated hearing shall be to new text end hear
the petition as provided in section 253B.18, except that section 253B.18, subdivisions deleted text begin 2
and 3
deleted text end new text begin 2, 3, and 4cnew text end , shall not apply.new text begin During the first phase, the court must determine if the
proposed patient is a sexually dangerous person or is a person with a sexual psychopathic
personality. If the court determines the proposed patient is a sexually dangerous person or
is a person with a sexual psychopathic personality, the court must schedule the second
phase of the bifurcated hearing. During the second phase, the court must determine the
appropriate level of placement for the patient pursuant to paragraph (d).
new text end

(d) In commitments under this section, the court shall commit the patient to deleted text begin a secure
treatment facility unless the patient establishes by clear and convincing evidence that a
less restrictive treatment program is available
deleted text end new text begin an appropriate placement new text end that is consistent
with the patient's treatment needs and the requirements of public safety.

(e) After a final determination that a patient is a sexually dangerous person or sexual
psychopathic personality, the court shall order commitment for an indeterminate period of
time and the patient shall be transferred, provisionally discharged, or discharged, only as
provided in this section.

Sec. 2.

Minnesota Statutes 2012, section 253B.185, is amended by adding a
subdivision to read:


new text begin Subd. 1c. new text end

new text begin Strict and intensive supervision and treatment. new text end

new text begin (a) The court may
commit a person to strict and intensive supervision and treatment if the court finds that,
based on the nature and circumstances of the behavior and the mental or emotional
condition that forms the basis for the commitment, strict and intensive supervision and
treatment is an appropriate placement.
new text end

new text begin (b) If the court finds that strict and intensive supervision and treatment is appropriate,
the court shall notify the Minnesota sex offender program, which must prepare a plan
that identifies the treatment and services for the patient including recommendations
regarding the conditions of strict and intensive supervision and treatment. The plan must
be presented to the court for its approval within 60 days after the court finds that strict
and intensive supervision and treatment is appropriate, unless the program and the patient
request additional time to develop the plan.
new text end

new text begin (c) An order for strict and intensive supervision and treatment places the patient
in the custody and control of the commissioner of human services for the provision of
treatment, services, and supervision under the Minnesota sex offender program and the
patient is subject to the conditions set by the court and the program, which must ensure the
safety of the public while meeting the treatment needs of the civilly committed patient.
new text end

new text begin (d) If the program determines that a patient under this subdivision has violated a
condition set by the court and the program under paragraph (c) or is exhibiting behavior
that may be dangerous to self or others or that the interests of public safety requires that
strict and intensive supervision and treatment placement be revoked, the program may
request the court to issue an emergency ex parte order directing a law enforcement agency
to take the person into custody and transport the person to a Department of Corrections or
county correctional or detention facility or a secure treatment facility. The county attorney
or the program shall submit a statement showing probable cause for the detention and
submit a petition to revoke the strict and intensive supervision and treatment order within
48 hours after the detention. The court shall hear the petition within 30 days, unless the
hearing or deadline is waived by the patient. If the court determines that a condition of the
strict and intensive supervision and treatment placement has been violated or that the safety
of the patient or others requires that the strict and intensive supervision and treatment
placement be revoked, the court shall revoke the strict and intensive supervision and
treatment placement and order an appropriate commitment placement under this section.
new text end

new text begin (e) This subdivision does not affect or replace any applicable registration
requirements under section 243.166 or notice requirements under sections 244.052 and
244.053.
new text end

Sec. 3.

Minnesota Statutes 2012, section 253B.185, is amended by adding a
subdivision to read:


new text begin Subd. 9a. new text end

new text begin Annual review of placement level. new text end

new text begin (a) The commissioner shall appoint
an examiner to conduct a reexamination of the mental condition of a person committed
under this section within 12 months after the date of the initial commitment order and
again thereafter at least once each 12 months to determine whether the person has made
sufficient progress for the judicial appeal panel to consider whether the person's placement
should be modified. At the time of a reexamination under this section, the person who has
been committed may retain or have the commissioner appoint an examiner.
new text end

new text begin (b) Any examiner conducting a reexamination under paragraph (a) shall prepare
a written report of the reexamination no later than 30 days after the date of the
reexamination. The report must examine and assess the patient's:
new text end

new text begin (1) progress toward treatment goals;
new text end

new text begin (2) risk to the public; and
new text end

new text begin (3) suitability for an alternative placement that balances the patient's continued
treatment needs and public safety. The examiner shall provide a copy of the report to the
county attorney, the commissioner, and the judicial appeal panel.
new text end

new text begin (c) Notwithstanding paragraph (a), the court that committed a person under this
section may order a reexamination of the person at any time during the period in which the
person is subject to the commitment order.
new text end

new text begin (d) At any reexamination under paragraph (a), the treating professional shall prepare
a treatment progress report. The treating professional shall provide a copy of the treatment
progress report to the commissioner. The treatment progress report shall consider all of
the following:
new text end

new text begin (1) the specific factors associated with the person's risk for committing another
sexually violent offense;
new text end

new text begin (2) whether the person has made significant progress in treatment or has refused
treatment;
new text end

new text begin (3) the ongoing treatment needs of the person;
new text end

new text begin (4) any specialized needs or conditions associated with the person that must be
considered in future treatment planning.
new text end

new text begin (e) Any examiners under paragraph (a) and treating professionals under paragraph
(d) shall have reasonable access to the person for purposes of reexamination, to the
person's past and present treatment records and to the person's patient health care records.
new text end

new text begin (f) The commissioner shall submit an annual report comprised of the reexamination
report under paragraph (a) and the treatment progress report under paragraph (d) to the
judicial appeal panel. A copy of the annual report shall be placed in the person's treatment
records. The commissioner shall provide a copy of the annual report to the patient and the
county. The panel shall provide a copy of the annual report to the patient's attorney as
soon as he or she is retained or appointed.
new text end

new text begin (g) If a person committed under this section is incarcerated for a new criminal charge
or conviction, any reporting requirement under paragraphs (a), (d), or (f) does not apply
during the incarceration period. A court may order a reexamination of the person under
paragraph (c) if the court finds reexamination to be necessary. The schedule for reporting
established under paragraph (a) shall resume when the person is in the custody and control
of the commissioner of human services, under the Minnesota sex offender program.
new text end