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SF 1014

3rd Engrossment - 88th Legislature (2013 - 2014) Posted on 05/15/2013 11:40am

KEY: stricken = removed, old language. underscored = added, new language.

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Current Version - 3rd Engrossment

1.1A bill for an act
1.2relating to human services; modifying provisions related to the Minnesota sex
1.3offender program; requiring a public education campaign; modifying the Civil
1.4Commitment Act; appropriating money;amending Minnesota Statutes 2012,
1.5sections 246B.10; 253B.18, subdivision 4c; 253B.185, subdivisions 1, 10, 11,
1.611a, 11b, 12, 14, 14a, 15, 17, 18, by adding subdivisions; 253B.19, subdivisions
1.72, 3, by adding a subdivision; 609.485, subdivision 2; repealing Minnesota
1.8Statutes 2012, section 253B.185, subdivision 9.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.10ARTICLE 1
1.11STRICT AND INTENSIVE SUPERVISION AND TREATMENT AND
1.12PUBLIC EDUCATION CAMPAIGN

1.13    Section 1. STRICT AND INTENSIVE SUPERVISION AND TREATMENT.
1.14The commissioner of human services shall ensure a regimen of treatment that
1.15provides strict and intensive supervision and treatment (SIST) for individuals civilly
1.16committed under Minnesota Statutes, section 253B.185, who are court-ordered to strict
1.17and intensive supervision and treatment or placed on provisional discharge. The SIST
1.18must meet public safety requirements as specified by the commissioners of human
1.19services, public safety, and corrections, and ensure the safety of the public while meeting
1.20the treatment needs of the civilly committed population. The commissioner shall use the
1.21information resulting from the January 2013 request for information to determine existing
1.22capacity for a range of options for SIST that are effective and appropriate and allows
1.23progression. The commissioner shall contract with existing providers to provide SIST.

1.24    Sec. 2. EDUCATION RELATING TO SEX OFFENDER CIVIL COMMITMENT
1.25PROCEDURAL CHANGES.
2.1The commissioner of human services, in partnership with the ombudsman for mental
2.2health and developmental disabilities, shall develop and provide education to judges and
2.3court staff, county attorneys and other lawyers, and court-appointed examiners about
2.4the civil commitment procedural changes under article 2 and the strict and intensive
2.5supervision and treatment under section 1.

2.6    Sec. 3. PUBLIC EDUCATION CAMPAIGN.
2.7The commissioner of human services shall develop a public education campaign
2.8informing the general public about the 2012 class action lawsuit relating to the Minnesota
2.9sex offender program (MSOP), the court's rulings, including the order from the court
2.10establishing the sex offender civil commitment advisory task force and the work of the
2.11task force, and the response by the legislature resulting in the legislation in this bill.
2.12The public education campaign must be a statewide effort to educate Minnesotans on
2.13the process of civilly committing sex offenders and the emerging policy in response to
2.14the court's decisions, and related issues.

2.15    Sec. 4. EFFECTIVE DATE.
2.16This article is effective July 1, 2013. The commissioner of human services shall
2.17implement this article as soon as practicable.

2.18ARTICLE 2
2.19CIVIL COMMITMENT MODIFICATIONS

2.20    Section 1. Minnesota Statutes 2012, section 246B.10, is amended to read:
2.21246B.10 LIABILITY OF COUNTY; REIMBURSEMENT.
2.22    The civilly committed sex offender's county shall pay to the state a portion of the
2.23cost of care provided in by or through the Minnesota sex offender program to a civilly
2.24committed sex offender who has legally settled in that county. Cost of care includes care,
2.25housing, and supervision provided to a civilly committed sex offender who is placed
2.26on strict and intensive supervision and treatment or provisional discharge. A county's
2.27payment must be made from the county's own sources of revenue and payments must equal
2.2825 percent of the cost of care, as determined by the commissioner, for each day or portion
2.29of a day, that the civilly committed sex offender spends at the a Minnesota sex offender
2.30program facility or on strict and intensive supervision and treatment or provisional
2.31discharge. If payments received by the state under this chapter exceed 75 percent of the
2.32cost of care, the county is responsible for paying the state the remaining amount. The
3.1county is not entitled to reimbursement from the civilly committed sex offender, the civilly
3.2committed sex offender's estate, or from the civilly committed sex offender's relatives,
3.3except as provided in section 246B.07. For purposes of this section, cost of care begins
3.4after the order for commitment under section 253B.185, subdivision 1, paragraph (c).

3.5    Sec. 2. Minnesota Statutes 2012, section 253B.18, subdivision 4c, is amended to read:
3.6    Subd. 4c. Special review board. (a) The commissioner shall establish one or more
3.7panels of a special review board. The board shall consist of three members experienced
3.8in the field of mental illness. One member of each special review board panel shall be
3.9a psychiatrist and one member shall be an attorney. No member shall be affiliated with
3.10the Department of Human Services. The special review board shall meet at least every
3.11six months and at the call of the commissioner. It shall hear and consider all petitions for
3.12a reduction in custody or to appeal a revocation of provisional discharge. A "reduction
3.13in custody" means transfer from a secure treatment facility, discharge, and provisional
3.14discharge. Patients may be transferred by the commissioner between secure treatment
3.15facilities without a special review board hearing.
3.16     Members of the special review board shall receive compensation and reimbursement
3.17for expenses as established by the commissioner.
3.18    (b) A petition filed by a person committed as mentally ill and dangerous to the
3.19public under this section must be heard as provided in subdivision 5 and, as applicable,
3.20subdivision 13. A petition filed by a person committed as a sexual psychopathic personality
3.21or as a sexually dangerous person under section 253B.185, or committed as both mentally
3.22ill and dangerous to the public under this section and as a sexual psychopathic personality
3.23or as a sexually dangerous person must be heard as provided in section 253B.185,
3.24subdivision 9
253B.19, subdivision 2, paragraph (b); and subdivision 2a.

3.25    Sec. 3. Minnesota Statutes 2012, section 253B.185, subdivision 1, is amended to read:
3.26    Subdivision 1. Commitment generally. (a) Except as otherwise provided in this
3.27section, the provisions of this chapter pertaining to persons who are mentally ill and
3.28dangerous to the public apply with like force and effect to persons who are alleged or
3.29found to be sexually dangerous persons or persons with a sexual psychopathic personality.
3.30For purposes of this section, "sexual psychopathic personality" includes any individual
3.31committed as a "psychopathic personality" under Minnesota Statutes 1992, section 526.10.
3.32(b) Before commitment proceedings are instituted, the facts shall first be submitted
3.33to the county attorney, who, if satisfied that good cause exists, will prepare the petition.
3.34The county attorney may request a prepetition screening report. The petition is to be
4.1executed by a person having knowledge of the facts and filed with the district court of the
4.2county of financial responsibility or the county where the patient is present. If the patient
4.3is in the custody of the commissioner of corrections, the petition may be filed in the county
4.4where the conviction for which the person is incarcerated was entered.
4.5(c) Upon the filing of a petition alleging that a proposed patient is a sexually
4.6dangerous person or is a person with a sexual psychopathic personality, the court shall
4.7hear the petition as provided in section 253B.18, except that section 253B.18, subdivisions
4.8
2 and 3, shall not apply sections 253B.07 and 253B.08.
4.9If the court finds by clear and convincing evidence that the proposed patient is a sexually
4.10dangerous person or is a person with a sexual psychopathic personality, the court shall
4.11commit the person to the commissioner to place in a secure treatment facility for
4.12evaluation and proposed disposition. The Minnesota sex offender program is not required
4.13to provide sex offender treatment to the person until after the court's disposition order.
4.14(d) In commitments under this section, the court shall commit the patient to a secure
4.15treatment facility unless the patient establishes by clear and convincing evidence that a
4.16less restrictive treatment program is available that is consistent with the patient's treatment
4.17needs and the requirements of public safety. Within 60 days following commitment and
4.18receipt of the patient, a qualified person or persons designated by the commissioner
4.19shall evaluate the patient, consider possible dispositions, and file a written disposition
4.20report with the committing court. If the person is in the custody of the commissioner of
4.21corrections when the commitment is ordered under paragraph (c), the written disposition
4.22report must be filed no later than 60 days after the person is admitted to the secure
4.23treatment facility. However, the commissioner may perform part or all of the evaluation,
4.24including providing the disposition report to the court, before the person is received by
4.25the commissioner. The commissioner may request that the court grant an extension of
4.26the 60-day deadline, which may be granted for good cause after opportunity for objection
4.27by the patient and the county attorney. The disposition report must recommend whether
4.28the person should be placed on strict and intensive supervision and treatment or in a
4.29secure treatment facility. If the recommendation is for placement on strict and intensive
4.30supervision and treatment, the report must specifically describe the conditions that the
4.31program determines would be best suited to meet the person's treatment needs and the
4.32requirements of public safety. Within 30 days after receiving the disposition report, unless
4.33otherwise agreed by the parties, the court shall hold a hearing to make a final determination
4.34as to the appropriate disposition of the case. If the disposition report recommends
4.35placement on strict and intensive supervision and treatment, either party or the court may
4.36request the court examiners to address the sufficiency and conditions of the plan.
5.1(e) Between the time of the commitment order under paragraph (c) and the court's
5.2disposition order under paragraph (d), with the agreement of the committed person the
5.3person may be held in a Department of Corrections facility according to the provisions of
5.4section 253B.045, subdivision 1a, even though the person is not under a judicial hold order
5.5under section 253B.07, subdivision 2b or 7. During any time the person is confined in a
5.6Department of Corrections facility under this paragraph, the county's responsibility for
5.7costs of confinement shall not exceed 25 percent, and the Department of Human Services
5.8shall reimburse the Department of Corrections for the remaining 75 percent.
5.9(e) (f) At the time of commitment, the court shall provide the commissioner copies
5.10of the court-appointed examiners' reports and the exhibits admitted in the case. Upon
5.11request of the evaluator, the county attorney shall provide copies of records gathered by
5.12the county attorney for purposes of the case. Upon request, the evaluator is entitled to
5.13promptly obtain records and data regarding the committed person from the Department of
5.14Corrections, a probation or parole agency, and a program or provider that has provided sex
5.15offender or mental health evaluation or treatment to the committed person.
5.16(g) A person committed under this section is not eligible for and shall not receive
5.17a pass. Section 253B.18, subdivisions 4a and 4b, do not apply to a person committed
5.18under this section.
5.19(h) After a final determination that a patient is a sexually dangerous person or sexual
5.20psychopathic personality, the court shall order commitment for an indeterminate period of
5.21time and the patient shall be transferred, provisionally discharged, or discharged, only as
5.22provided in this section.

5.23    Sec. 4. Minnesota Statutes 2012, section 253B.185, is amended by adding a
5.24subdivision to read:
5.25    Subd. 1c. Strict and intensive supervision and treatment. (a) If a specific plan for
5.26strict and intensive supervision and treatment is proposed in the disposition report or by
5.27the committed person, the court shall commit the person to strict and intensive supervision
5.28and treatment, unless the petitioner proves by a preponderance of the evidence that the
5.29plan is not sufficient to meet the person's treatment needs or the requirements of public
5.30safety. If no specific plan is presented, or if the court determines that no plan that is
5.31proposed is sufficient, the court shall commit the person to a secure treatment facility.
5.32(b) If the court finds that strict and intensive supervision and treatment is appropriate,
5.33the court shall notify the Minnesota sex offender program, which must prepare a plan
5.34that identifies the treatment and services for the patient, including recommendations
5.35regarding the conditions of strict and intensive supervision and treatment. The plan must
6.1be presented to the court for its approval within 60 days after the court finds that strict
6.2and intensive supervision and treatment is appropriate, unless the program or the patient
6.3requests additional time to develop the plan and the court determines there is good cause
6.4to allow an extension for a specified period.
6.5(c) An order for strict and intensive supervision and treatment places the patient
6.6in the custody and control of the commissioner of human services for the provision of
6.7treatment, services, and supervision under the Minnesota sex offender program and the
6.8patient is subject to the conditions set by the court and the program, which must ensure the
6.9safety of the public while meeting the treatment needs of the civilly committed patient.
6.10(d) If the program determines that a patient under this subdivision has violated a
6.11condition under paragraph (c) or is exhibiting behavior that may be dangerous to self or
6.12others or that the interests of public safety require that strict and intensive supervision and
6.13treatment placement be revoked, the program may, using the procedures in subdivisions
6.1415, paragraphs (b) and (c); and 16, revoke the patient's placement on strict and intensive
6.15supervision and treatment and place the patient in a secure treatment facility. The patient
6.16may appeal the revocation using the procedures in subdivision 17, except that appeal is to
6.17the committing court. If the committing court determines that a condition of the strict and
6.18intensive supervision and treatment placement has been violated or that the safety of the
6.19patient or others requires that the strict and intensive supervision and treatment placement
6.20be revoked, the court shall affirm the revocation of the strict and intensive supervision and
6.21treatment placement and order an appropriate commitment placement under this section.
6.22The court may also, after notice to the parties and opportunity for hearing, reinstate the
6.23person on strict and intensive supervision under modified conditions the court determines
6.24are sufficient to satisfy the person's treatment needs and the requirements of public safety.
6.25If the court finds there was no violation and that the safety of the committed person or
6.26others does not require that the strict and intensive supervision be revoked, it shall reverse
6.27the revocation and order that the strict and intensive supervision placement be reinstated.
6.28(e) This subdivision does not affect or replace any applicable registration
6.29requirements under section 243.166 or notice requirements under sections 244.052 and
6.30244.053.

6.31    Sec. 5. Minnesota Statutes 2012, section 253B.185, is amended by adding a
6.32subdivision to read:
6.33    Subd. 9a. Biennial review. (a) Within 24 months after the date of the disposition
6.34order under subdivision 1c, paragraph (a), and after that time at least once each 24 months,
6.35the commissioner shall arrange for an examination of the committed person. The director
7.1of the evaluation unit under subdivision 9b shall appoint an examiner to perform the
7.2examination. The director shall establish procedures to provide that the committed
7.3person will have a role in choosing the examiner from the evaluation unit to conduct the
7.4examination, by objecting to a particular examiner or using another method adopted by the
7.5director. The director shall establish procedures to allow the committed person to retain an
7.6additional examiner at the person's expense or to request the appointment of an additional
7.7examiner by the judicial appeal panel. Compensation for an appointed examiner who is
7.8not part of the evaluation unit shall be determined by the judicial appeal panel.
7.9(b) An examiner conducting an examination under paragraph (a) shall prepare a
7.10written report of the examination no later than 30 days after the date of the examination.
7.11The report must examine and assess the patient's:
7.12(1) progress toward treatment goals;
7.13(2) risk to the public; and
7.14(3) suitability for an alternative placement that balances the patient's continued
7.15treatment needs and public safety. The examiner shall provide a copy of the report to the
7.16county attorneys of the committing county and the county of financial responsibility, the
7.17commissioner, and the judicial appeal panel.
7.18(c) Notwithstanding paragraph (a), the judicial appeal panel may order an
7.19examination of the person at any time during the period in which the person is subject to
7.20the commitment order. The examination must be conducted pursuant to this subdivision.
7.21(d) At any examination under paragraph (a), the executive clinical director of the
7.22Minnesota sex offender program shall prepare a treatment progress report. The executive
7.23clinical director shall provide a copy of the treatment progress report to the commissioner.
7.24The treatment progress report must consider all of the following:
7.25(1) the specific factors associated with the person's risk for committing another
7.26sexually violent offense;
7.27(2) whether the person has made significant progress in treatment or has refused
7.28treatment;
7.29(3) the ongoing treatment needs of the person; and
7.30(4) any specialized needs or conditions associated with the person that must be
7.31considered in future treatment planning.
7.32(e) Examiners under paragraph (a) and the executive clinical director under paragraph
7.33(d) must have reasonable access to the person for purposes of examination, to the person's
7.34past and present treatment and supervision records, and to the person's health care records.
7.35(f) The commissioner shall submit a biennial report comprised of the examination
7.36report under paragraph (a) and the treatment progress report under paragraph (d) to
8.1the judicial appeal panel. A copy of the biennial report must be placed in the person's
8.2treatment records. The commissioner shall provide a copy of the biennial report to the
8.3patient and the county attorneys of the committing county and the county of financial
8.4responsibility. The panel shall provide a copy of the biennial report to the patient's
8.5attorney as soon as the attorney is retained or appointed.
8.6(g) If a person committed under this section is incarcerated for a new criminal charge
8.7or conviction, any reporting requirement under paragraph (a), (d), or (f) does not apply
8.8during the incarceration period. The judicial appeal panel may order an examination of the
8.9person under paragraph (c) if the panel finds an examination is necessary. The required
8.10reports are due 24 months after the person is returned to the custody and control of the
8.11commissioner of human services under the Minnesota sex offender program.
8.12(h) Failure to complete or file any required report within the specified time period
8.13does not affect the validity of the person's continuing commitment.

8.14    Sec. 6. Minnesota Statutes 2012, section 253B.185, is amended by adding a
8.15subdivision to read:
8.16    Subd. 9b. Evaluation unit for biennial reviews. The commissioner shall create an
8.17evaluation unit to perform the periodic reviews provided by subdivision 9a, paragraph (a).
8.18The commissioner shall designate a person as the "director" of the unit for purposes of
8.19that provision, and shall employ a sufficient number of qualified persons to perform the
8.20examinations. Such persons must meet the definition of "examiner" in section 253B.02,
8.21subdivision 7, clause (1) or (2), and must have specific training in evaluating risk of
8.22re-offense among sex offenders and have experience in the treatment, diagnosis, or
8.23management of sex offenders. The commissioner shall provide training for the examiners
8.24to ensure the quality and promote the uniformity of the examinations. The training shall
8.25include risk assessment, evaluation of efficacy and progress in sex offender treatment,
8.26types of strict and intensive supervision and treatment options available, the supervision
8.27that would be available to persons placed on strict and intensive supervision and treatment,
8.28and other matters determined appropriate by the commissioner. Members of the evaluation
8.29unit must be free to exercise independent professional judgment without pressure or
8.30retaliation for the exercise of that judgment from any source.

8.31    Sec. 7. Minnesota Statutes 2012, section 253B.185, subdivision 10, is amended to read:
8.32    Subd. 10. Victim notification of petition and release; right to submit statement.
8.33(a) As used in this subdivision:
9.1(1) "crime" has the meaning given to "violent crime" in section 609.1095, and
9.2includes criminal sexual conduct in the fifth degree and offenses within the definition of
9.3"crime against the person" in section 253B.02, subdivision 4a, and also includes offenses
9.4listed in section 253B.02, subdivision 7a, paragraph (b), regardless of whether they are
9.5sexually motivated;
9.6(2) "victim" means a person who has incurred loss or harm as a result of a crime,
9.7the behavior for which forms the basis for a commitment under this section or section
9.8253B.18 ; and
9.9(3) "convicted" and "conviction" have the meanings given in section 609.02,
9.10subdivision 5
, and also include juvenile court adjudications, findings under Minnesota
9.11Rules of Criminal Procedure, rule 20.02, that the elements of a crime have been proved,
9.12and findings in commitment cases under this section or section 253B.18, that an act or
9.13acts constituting a crime occurred.
9.14(b) A county attorney who files a petition to commit a person under this section shall
9.15make a reasonable effort to provide prompt notice of filing the petition to any victim of a
9.16crime for which the person was convicted. In addition, the county attorney shall make a
9.17reasonable effort to promptly notify the victim of the resolution of the petition.
9.18(c) Before provisionally discharging, discharging, granting pass-eligible status,
9.19 approving a pass plan, or otherwise permanently or temporarily releasing a person
9.20committed under this section from a treatment facility, the head of the treatment facility
9.21shall make a reasonable effort to notify any victim of a crime for which the person was
9.22convicted that the person may be discharged or released and that the victim has a right
9.23to submit a written statement regarding decisions of the head of the treatment facility
9.24or designee judicial appeal panel, or special review board, with respect to the person.
9.25To the extent possible, the notice must be provided at least 14 days before any special
9.26review board judicial appeal panel hearing or before a determination on a pass plan.
9.27Notwithstanding section 611A.06, subdivision 4, the commissioner shall provide the
9.28judicial appeal panel with victim information in order to comply with the provisions of
9.29this section. The judicial appeal panel shall ensure that the data on victims remains private
9.30as provided for in section 611A.06, subdivision 4.
9.31(d) This subdivision applies only to victims who have requested notification through
9.32the Department of Corrections electronic victim notification system, or by contacting, in
9.33writing, the county attorney in the county where the conviction for the crime occurred or
9.34where the civil commitment was filed or, following commitment, the head of the treatment
9.35facility. A request for notice under this subdivision received by the commissioner of
9.36corrections through the Department of Corrections electronic victim notification system
10.1shall be promptly forwarded to the prosecutorial authority with jurisdiction over the offense
10.2to which the notice relates or, following commitment, the head of the treatment facility. A
10.3county attorney who receives a request for notification under this paragraph following
10.4commitment shall promptly forward the request to the commissioner of human services.
10.5(e) Rights under this subdivision are in addition to rights available to a victim under
10.6chapter 611A. This provision does not give a victim all the rights of a "notified person"
10.7or a person "entitled to statutory notice" under subdivision 12 or 13 or section 253B.18,
10.8subdivision 4a, 4b, or 5
.

10.9    Sec. 8. Minnesota Statutes 2012, section 253B.185, subdivision 11, is amended to read:
10.10    Subd. 11. Transfer. (a) A patient who is committed as a sexually dangerous person
10.11or sexual psychopathic personality shall not be transferred out of a secure treatment
10.12facility unless it appears to the satisfaction of the judicial appeal panel, after a hearing and
10.13recommendation by a majority of the special review board, that the transfer is appropriate.
10.14Transfer may be to other treatment programs under the commissioner's control.
10.15(b) The following factors must be considered in determining whether a transfer
10.16is appropriate:
10.17(1) the person's clinical progress and present treatment needs;
10.18(2) the need for security to accomplish continuing treatment;
10.19(3) the need for continued institutionalization;
10.20(4) which facility can best meet the person's needs; and
10.21(5) whether transfer can be accomplished with a reasonable degree of safety for
10.22the public.

10.23    Sec. 9. Minnesota Statutes 2012, section 253B.185, subdivision 11a, is amended to read:
10.24    Subd. 11a. Transfer; voluntary readmission to a secure facility. (a) After a
10.25patient has been transferred out of a secure facility pursuant to subdivision 11 and with the
10.26consent of the executive director of the Minnesota sex offender program, a patient may
10.27voluntarily return to a secure facility operated by the Minnesota sex offender program for
10.28a period of up to 60 days.
10.29(b) If the patient is not returned to the facility to which the patient was originally
10.30transferred pursuant to subdivision 11 within 60 days of being readmitted to a secure
10.31facility, the transfer is revoked and the patient shall remain in a secure facility. The patient
10.32shall immediately be notified in writing of the revocation.
10.33(c) Within 15 days of receiving notice of the revocation, the patient may petition
10.34the special review board judicial appeal panel for a review of the revocation. The special
11.1review board judicial appeal panel shall review the circumstances of the revocation and
11.2shall recommend to the judicial appeal panel determine whether or not the revocation shall
11.3be upheld. The special review board judicial appeal panel may also recommend order a
11.4new transfer at the time of the revocation hearing.
11.5(d) If the transfer has not been revoked and the patient is to be returned to the
11.6facility to which the patient was originally transferred pursuant to subdivision 11, with no
11.7substantive change to the conditions of the transfer ordered pursuant to subdivision 11, no
11.8action by the special review board or judicial appeal panel is required.

11.9    Sec. 10. Minnesota Statutes 2012, section 253B.185, subdivision 11b, is amended to
11.10read:
11.11    Subd. 11b. Transfer; revocation. (a) The executive director of the Minnesota sex
11.12offender program or designee may revoke a transfer made pursuant to subdivision 11 and
11.13require a patient to return to a secure treatment facility if:
11.14(1) remaining in a nonsecure setting will not provide a reasonable degree of safety to
11.15the patient or others; or
11.16(2) the patient has regressed in clinical progress so that the facility to which the
11.17patient was transferred is no longer sufficient to meet the patient's needs.
11.18(b) Upon the revocation of the transfer, the patient shall be immediately returned to a
11.19secure treatment facility. A report documenting reasons for revocation shall be issued by
11.20the executive director or designee within seven days after the patient is returned to the
11.21secure treatment facility. Advance notice to the patient of the revocation is not required.
11.22(c) The patient must be provided a copy of the revocation report and informed, orally
11.23and in writing, of the rights of a patient under this subdivision. The revocation report shall
11.24be served upon the patient and the patient's counsel. The report shall outline the specific
11.25reasons for the revocation including, but not limited to, the specific facts upon which
11.26the revocation recommendation is based.
11.27(d) A patient whose transfer is revoked must successfully re-petition the special
11.28review board and judicial appeal panel prior to being transferred out of a secure facility.
11.29(e) Any patient aggrieved by a transfer revocation decision may petition the special
11.30review board judicial appeal panel within seven days, exclusive of Saturdays, Sundays,
11.31and legal holidays, after receipt of the revocation report for a review of the revocation.
11.32The matter shall be scheduled within 30 days. The special review board judicial appeal
11.33panel shall review the circumstances leading to the revocation and, after considering the
11.34factors in subdivision 11, paragraph (b), shall recommend to the judicial appeal panel
11.35 determine whether or not the revocation shall be upheld. The special review board judicial
12.1appeal panel may also recommend order a new transfer out of a secure facility at the
12.2time of the revocation hearing.

12.3    Sec. 11. Minnesota Statutes 2012, section 253B.185, subdivision 12, is amended to read:
12.4    Subd. 12. Provisional discharge. A patient who is committed as a sexual
12.5psychopathic personality or sexually dangerous person shall not be provisionally
12.6discharged unless it appears to the satisfaction of the judicial appeal panel, after a hearing
12.7and a recommendation by a majority of the special review board, that the patient is capable
12.8of making an acceptable adjustment to open society.
12.9The following factors are to be considered in determining whether a provisional
12.10discharge shall be recommended granted:
12.11(1) whether the patient's course of treatment and present mental status indicate there is
12.12no longer a need for treatment and supervision in the patient's current treatment setting; and
12.13(2) whether the conditions of the provisional discharge plan will provide a reasonable
12.14degree of protection to the public and will enable the patient to adjust successfully to
12.15the community.

12.16    Sec. 12. Minnesota Statutes 2012, section 253B.185, subdivision 14, is amended to read:
12.17    Subd. 14. Provisional discharge; review. A provisional discharge pursuant to this
12.18section shall not automatically terminate. A full discharge shall occur only as provided in
12.19subdivision 18. The commissioner shall notify the patient that the terms of a provisional
12.20discharge continue unless the patient requests and is granted a change in the conditions
12.21of provisional discharge or unless the patient petitions the special review board judicial
12.22appeal panel for a full discharge and the discharge is granted by the judicial appeal panel.

12.23    Sec. 13. Minnesota Statutes 2012, section 253B.185, subdivision 14a, is amended to
12.24read:
12.25    Subd. 14a. Provisional discharge; voluntary readmission. (a) With the consent of
12.26the executive director of the Minnesota sex offender program, a patient may voluntarily
12.27return to the Minnesota sex offender program from provisional discharge for a period of
12.28up to 60 days.
12.29(b) If the patient is not returned to provisional discharge status within 60 days of
12.30being readmitted to the Minnesota sex offender program, the provisional discharge is
12.31revoked. The patient shall immediately be notified of the revocation in writing. Within 15
12.32days of receiving notice of the revocation, the patient may request a review of the matter
12.33before the special review board judicial appeal panel. The special review board judicial
13.1appeal panel shall review the circumstances of the revocation and, after applying the
13.2standards in subdivision 15, paragraph (a), shall recommend to the judicial appeal panel
13.3 determine whether or not the revocation shall be upheld. The board judicial appeal panel
13.4may recommend order a return to provisional discharge status.
13.5(c) If the provisional discharge has not been revoked and the patient is to be returned
13.6to provisional discharge, the Minnesota sex offender program is not required to petition for
13.7a further review by the special review board judicial appeal panel unless the patient's return
13.8to the community results in substantive change to the existing provisional discharge plan.

13.9    Sec. 14. Minnesota Statutes 2012, section 253B.185, subdivision 15, is amended to read:
13.10    Subd. 15. Provisional discharge; revocation. (a) The head of the treatment facility
13.11may revoke a provisional discharge if either of the following grounds exist:
13.12(1) the patient has departed from the conditions of the provisional discharge plan; or
13.13(2) the patient is exhibiting behavior which may be dangerous to self or others.
13.14(b) The head of the treatment facility may revoke the provisional discharge and,
13.15either orally or in writing, order that the patient be immediately returned to the treatment
13.16facility. A report documenting reasons for revocation shall be issued by the head of the
13.17treatment facility within seven days after the patient is returned to the treatment facility.
13.18Advance notice to the patient of the revocation is not required.
13.19(c) The patient must be provided a copy of the revocation report and informed, orally
13.20and in writing, of the rights of a patient under this section. The revocation report shall be
13.21served upon the patient, the patient's counsel, and the designated agency. The report shall
13.22outline the specific reasons for the revocation, including but not limited to the specific
13.23facts upon which the revocation recommendation is based.
13.24(d) An individual who is revoked from provisional discharge must successfully
13.25re-petition the special review board and judicial appeal panel prior to being placed back
13.26on provisional discharge.

13.27    Sec. 15. Minnesota Statutes 2012, section 253B.185, subdivision 17, is amended to read:
13.28    Subd. 17. Appeal. Any patient aggrieved by a revocation decision or any interested
13.29person may petition the special review board judicial appeal panel within seven days,
13.30exclusive of Saturdays, Sundays, and legal holidays, after receipt of the revocation report
13.31for a review of the revocation. The matter shall be scheduled within 30 days. The
13.32special review board judicial appeal panel shall review the circumstances leading to the
13.33revocation and shall recommend to the judicial appeal panel determine whether or not
14.1the revocation shall be upheld. The special review board judicial appeal panel may also
14.2recommend order a new provisional discharge at the time of the revocation hearing.

14.3    Sec. 16. Minnesota Statutes 2012, section 253B.185, subdivision 18, is amended to read:
14.4    Subd. 18. Discharge. A patient who is committed as a sexual psychopathic
14.5personality or sexually dangerous person shall not be discharged unless it appears to the
14.6satisfaction of the judicial appeal panel, after a hearing and recommendation by a majority
14.7of the special review board, that the patient is capable of making an acceptable adjustment
14.8to open society, is no longer dangerous to the public, and is no longer in need of inpatient
14.9treatment and supervision.
14.10In determining whether a discharge shall be recommended, the special review board
14.11and judicial appeal panel shall consider whether specific conditions exist to provide a
14.12reasonable degree of protection to the public and to assist the patient in adjusting to the
14.13community. If the desired conditions do not exist, the discharge shall not be granted.

14.14    Sec. 17. Minnesota Statutes 2012, section 253B.19, subdivision 2, is amended to read:
14.15    Subd. 2. Petition; hearing. (a) A person committed as mentally ill and dangerous
14.16to the public under section 253B.18, or the county attorney of the county from which the
14.17person was committed or the county of financial responsibility, may petition the judicial
14.18appeal panel for a rehearing and reconsideration of a decision by the commissioner under
14.19section 253B.18, subdivision 5. The judicial appeal panel must not consider petitions for
14.20relief other than those considered by the commissioner from which the appeal is taken.
14.21The petition must be filed with the Supreme Court within 30 days after the decision of
14.22the commissioner is signed. The hearing must be held within 45 days of the filing of the
14.23petition unless an extension is granted for good cause.
14.24    (b) A person committed as a sexual psychopathic personality or as a sexually
14.25dangerous person under section 253B.185, or committed as both mentally ill and
14.26dangerous to the public under section 253B.18 and as a sexual psychopathic personality or
14.27as a sexually dangerous person under section 253B.185; the county attorney of the county
14.28from which the person was committed or the county of financial responsibility; or the
14.29commissioner may petition the judicial appeal panel for a rehearing and reconsideration
14.30of a decision of the special review board under section 253B.185, subdivision 9. The
14.31petition must be filed with the Supreme Court within 30 days after the decision is mailed
14.32by the commissioner as required in section 253B.185, subdivision 9, paragraph (f). The
14.33hearing must be held within 180 days of the filing of the petition unless an extension is
14.34granted for good cause. If no party petitions the judicial appeal panel for a rehearing
15.1or reconsideration within 30 days, the judicial appeal panel shall either issue an order
15.2adopting the recommendations of the special review board or set the matter on for a
15.3hearing pursuant to this paragraph.
15.4    (c) For an appeal under paragraph (a) or (b), the Supreme Court shall refer the
15.5petition to the chief judge of the judicial appeal panel. The chief judge shall notify the
15.6patient, the county attorney of the county of commitment, the designated agency, the
15.7commissioner, the head of the treatment facility, any interested person, and other persons
15.8the chief judge designates, of the time and place of the hearing on the petition. The notice
15.9shall be given at least 14 days prior to the date of the hearing.
15.10    (d) (c) In an appeal under paragraph (a), any person may oppose the petition. The
15.11patient, the patient's counsel, the county attorney of the committing county or the county of
15.12financial responsibility, and the commissioner shall participate as parties to the proceeding
15.13pending before the judicial appeal panel and shall, except when the patient is committed
15.14solely as mentally ill and dangerous, no later than 20 days before the hearing on the
15.15petition, inform the judicial appeal panel and the opposing party in writing whether they
15.16support or oppose the petition and provide a summary of facts in support of their position.
15.17    (d) The judicial appeal panel may appoint examiners and may adjourn the hearing
15.18from time to time. It shall hear and receive all relevant testimony and evidence and make a
15.19record of all proceedings. The patient, the patient's counsel, and the county attorney of the
15.20committing county or the county of financial responsibility have the right to be present and
15.21may present and cross-examine all witnesses and offer a factual and legal basis in support
15.22of their positions. The petitioning party seeking discharge or provisional discharge bears
15.23the burden of going forward with the evidence, which means presenting a prima facie
15.24case with competent evidence to show that the person is entitled to the requested relief.
15.25If the petitioning party has met this burden, the party opposing discharge or provisional
15.26discharge bears the burden of proof by clear and convincing evidence that the discharge or
15.27provisional discharge should be denied. A party seeking transfer under section 253B.18,
15.28subdivision 6, or 253B.185, subdivision 11, must establish by a preponderance of the
15.29evidence that the transfer is appropriate.

15.30    Sec. 18. Minnesota Statutes 2012, section 253B.19, is amended by adding a
15.31subdivision to read:
15.32    Subd. 2a. Receipt of biennial report. (a) Within 28 days after the commissioner
15.33submits a biennial report under section 253B.185, subdivision 9a, the patient or the
15.34patient's attorney may file supplemental written argument, affidavits, and exhibits, which
15.35must be served on the county attorney. Within 14 days of the service of supplemental
16.1documents by the patient or the patient's attorney, the county attorney of the committing
16.2county or county of financial responsibility may file and serve a written response.
16.3    (b) Within 60 days after receiving the biennial report, the judicial appeal panel shall
16.4determine whether to set the matter for a hearing. A hearing must be conducted unless the
16.5judicial appeal panel determines that the biennial report and any supplemental documents
16.6fail to present a prima facie case with competent evidence that the patient is entitled to
16.7transfer out of a secure treatment facility, a provisional discharge, or discharge from
16.8commitment. The judicial appeal panel shall allow the executive director to request a
16.9hearing at any time. The judicial appeal panel may, in its discretion, require a hearing at
16.10any time for good cause.
16.11    (c) If a hearing is ordered under paragraph (b), the hearing must be held within 180
16.12days after the order, unless an extension is granted for good cause. The patient, the patient's
16.13counsel, and the county attorney of the committing county or the county of financial
16.14responsibility shall participate as parties to the proceeding pending before the judicial
16.15appeal panel and shall, no later than 20 days before the hearing on the petition, inform the
16.16judicial appeal panel and the opposing party in writing whether they support or oppose
16.17transfer, provisional discharge, or discharge, and provide a summary of facts in support
16.18of their position. The judicial appeal panel may appoint examiners and may adjourn the
16.19hearing from time to time. It shall hear and receive all relevant testimony and evidence and
16.20make a record of all proceedings. The patient, the patient's counsel, and the county attorney
16.21of the committing county or the county of financial responsibility have the right to be
16.22present and may present and cross-examine all witnesses and offer a factual and legal basis
16.23in support of their positions. The party opposing discharge or provisional discharge bears
16.24the burden of proof by clear and convincing evidence that the discharge or provisional
16.25discharge should be denied. A party seeking transfer under section 253B.185, subdivision
16.2611, must establish by a preponderance of the evidence that the transfer is appropriate.
16.27    (d) The provisions of this subdivision apply to individuals committed under section
16.28253B.185 and individuals committed under both sections 253B.18 and 253B.185. The
16.29procedures in section 253B.185, subdivision 10, for victim notification and right to submit
16.30a statement apply to hearings under this subdivision. A hearing under this subdivision is
16.31considered to be a commitment proceeding under section 8.01.

16.32    Sec. 19. Minnesota Statutes 2012, section 253B.19, subdivision 3, is amended to read:
16.33    Subd. 3. Decision. A majority of the judicial appeal panel shall rule upon the
16.34petition under subdivision 2, paragraph (a), or upon the review of a biennial report or
16.35hearing under subdivision 2a. The panel shall consider the petition de novo. The order
17.1of the judicial appeal panel shall supersede an order of the commissioner under section
17.2253B.18 , subdivision 5. No order of the judicial appeal panel granting a transfer, discharge
17.3or provisional discharge shall be made effective sooner than 15 days after it is issued.
17.4    In a hearing under subdivision 2, the panel may not consider petitions for relief other
17.5than those considered by the commissioner or special review board from which the appeal
17.6is taken. The judicial appeal panel may not grant a transfer or provisional discharge on
17.7terms or conditions that were not presented to the commissioner or the special review board.

17.8    Sec. 20. Minnesota Statutes 2012, section 609.485, subdivision 2, is amended to read:
17.9    Subd. 2. Acts prohibited. Whoever does any of the following may be sentenced as
17.10provided in subdivision 4:
17.11(1) escapes while held pursuant to a lawful arrest, in lawful custody on a charge or
17.12conviction of a crime, or while held in lawful custody on an allegation or adjudication
17.13of a delinquent act;
17.14(2) transfers to another, who is in lawful custody on a charge or conviction of a
17.15crime, or introduces into an institution in which the latter is confined, anything usable in
17.16making such escape, with intent that it shall be so used;
17.17(3) having another in lawful custody on a charge or conviction of a crime,
17.18intentionally permits the other to escape;
17.19(4) escapes while in a facility designated under section 253B.18, subdivision 1,
17.20pursuant to a court commitment order after a finding of not guilty by reason of mental
17.21illness or mental deficiency of a crime against the person, as defined in section 253B.02,
17.22subdivision 4a
. Notwithstanding section 609.17, no person may be charged with or
17.23convicted of an attempt to commit a violation of this clause;
17.24(5) escapes while in or under the supervision of a facility or authority designated under
17.25section 246B.01, subdivision 2a; 246B.02; 253B.18, subdivision 1; 253B.185, subdivision
17.261
, paragraph (d); 253B.185, subdivision 1c; or Minnesota Statutes 1992, section 526.10;
17.27(6) escapes while on pass status or provisional discharge according to section
17.28253B.18 or 253B.185; or
17.29(7) escapes while a civilly committed sex offender in the Minnesota sex offender
17.30program as defined in section 246B.01, subdivision 1a, or subject to a court hold order
17.31under section 253B.185.
17.32For purposes of clauses (1) and (7), "escapes while held in lawful custody" or
17.33"escapes while a civilly committed sex offender in the Minnesota sex offender program"
17.34includes absconding from electronic monitoring or removing an electronic monitoring
17.35device from the person's body.

18.1    Sec. 21. APPROPRIATION.
18.2$875,000 in fiscal year 2014 and $1,149,000 in fiscal year 2015 are appropriated
18.3from the general fund to the commissioner of human services to implement the provisions
18.4of this act. The base for this appropriation is $1,149,000 in fiscal year 2016 and
18.5$1,289,000 in fiscal year 2017.

18.6    Sec. 22. REPEALER.
18.7Minnesota Statutes 2012, section 253B.185, subdivision 9, is repealed effective
18.8August 1, 2013.

18.9    Sec. 23. EFFECTIVE DATE; APPLICATION.
18.10(a) Except as otherwise provided in this section, this article is effective August
18.111, 2013.
18.12    (b) Article 2, sections 3 and 4, apply only to petitions for civil commitment filed on
18.13or after August 1, 2013.
18.14    (c) Petitions for a reduction in custody filed under Minnesota Statutes, section
18.15253B.185, subdivision 9, before August 1, 2013, will continue to proceed under the laws
18.16and procedures in effect on July 31, 2013.
18.17    (d) Notwithstanding the requirements of section 5 (Minnesota Statutes, section
18.18253B.185, subdivision 9a), the biennial report required under that section applies to
18.19patients with pending petitions no sooner than 12 months after the final disposition of a
18.20petition for reduction in custody that was filed before August 1, 2013.
18.21    (e) For persons civilly committed on petitions filed before August 1, 2013, and who
18.22are otherwise eligible for a biennial review, the commissioner may initiate the biennial
18.23review based on either the first commitment anniversary date after August 1, 2014, or the
18.24second anniversary date after August 1, 2014.
18.25(f) Section 20 is effective August 1, 2013, and applies to crimes committed on or
18.26after that date.

18.27    Sec. 24. REVISOR'S INSTRUCTION.
18.28The revisor shall codify sections and amendments in this act consistent with the
18.29recodification of statutory sections providing for civil commitment of sexually dangerous
18.30persons and persons with sexual psychopathic personalities in H.F. No. 947, if enacted
18.31this legislative session.

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569