Minnesota Legislature
SF 1026
1st Engrossment - 87th Legislature (2011 - 2012) Posted on 01/27/2012 10:18am
Current Version - 1st Engrossment
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A bill for an act
relating to human services; establishing a sex offender civil commitment petition
screening panel for purposes of determining whether the civil commitment
of certain sex offenders is appropriate; requiring county payment of certain
expenses; providing for the identification and development of alternative
treatment facilities; providing for reduction in custody petitions for patients
in alternative programs or assisted living units; requiring implementation of
the statewide judicial panel for commitment proceedings regarding sexual
psychopathic personalities and sexually dangerous persons; providing for
consideration of alternatives to commitment or alternative treatment programs in
certain cases; including provisions governing a stay of commitment; amending
Minnesota Statutes 2010, sections 244.05, subdivision 7; 246B.10; 253B.185,
subdivisions 1, 4, 8, by adding subdivisions; proposing coding for new law in
Minnesota Statutes, chapters 246B; 253B.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2010, section 244.05, subdivision 7, is amended to read:
Subd. 7.
Sex offenders; civil commitment determination.
(a) Before the
commissioner releases from prison any inmate convicted under section 609.342,
609.343, 609.344, 609.345, or 609.3453, or sentenced as a patterned offender under
section 609.3455, subdivision 3a, and determined by the commissioner to be in a high
risk category, the commissioner shall make a preliminary determination whether, in
the commissioner's opinion, a petition under section 253B.185 may be appropriate.
The commissioner's opinion must be based on a recommendation of a Department
of Corrections screening committee deleted text begin and a legal review and recommendation from
independent counsel knowledgeable in the legal requirements of the civil commitment
process. The commissioner may retain a retired judge or other attorney to serve as
independent counseldeleted text end .
(b) In making this decision, the commissioner shall have access to the following data
only for the purposes of the assessment and referral decision:
(1) private medical data under section 13.384 or sections 144.291 to 144.298, or
welfare data under section 13.46 that relate to medical treatment of the offender;
(2) private and confidential court services data under section 13.84;
(3) private and confidential corrections data under section 13.85; and
(4) private criminal history data under section 13.87.
(c) If the commissioner determines that a petition may be appropriate, the
commissioner shall forward this determination, along with a summary of the reasons for
the determination, to the deleted text begin county attorney in the county where the inmate was convicteddeleted text end
new text begin sex offender civil commitment petition screening panel under section 253B.184 new text end no
later than 12 months before the inmate's release date. If the inmate is received for
incarceration with fewer than 12 months remaining in the inmate's term of imprisonment,
or if the commissioner receives additional information less than 12 months before
release that makes the inmate's case appropriate for referral, the commissioner shall
forward the determination as soon as is practicable. Upon receiving the commissioner's
preliminary determination, the deleted text begin county attorneydeleted text end new text begin petition screening panel new text end shall proceed in
the manner provided in section deleted text begin 253B.185deleted text end new text begin 253B.184new text end . The commissioner shall release to
the deleted text begin county attorneydeleted text end new text begin petition screening panel new text end all requested documentation maintained
by the department.
Sec. 2.
Minnesota Statutes 2010, section 246B.10, is amended to read:
246B.10 LIABILITY OF COUNTY; REIMBURSEMENT.
new text begin (a) new text end The civilly committed sex offender's county shall pay to the state a portion of the
cost of care provided in the Minnesota sex offender program to a civilly committed sex
offender who has legally settled in that county. A county's payment must be made from
the county's own sources of revenue and payments must equal ten percent of the cost of
care, as determined by the commissioner, for each day or portion of a day, that the civilly
committed sex offender spends at the facility. If payments received by the state under this
chapter exceed 90 percent of the cost of care, the county is responsible for paying the
state the remaining amount. The county is not entitled to reimbursement from the civilly
committed sex offender, the civilly committed sex offender's estate, or from the civilly
committed sex offender's relatives, except as provided in section 246B.07.
new text begin
(b) The county shall, out of local money, pay the state:
new text end
new text begin
(1) five percent of the cost of the housing, treatment, and supervision of individuals
who have received a conditional release under section 253B.185, subdivision 1d, or who
have been placed in an alternative facility under section 246B.20 or 253B.185, subdivision
1c; or
new text end
new text begin
(2) 25 percent of costs for patients who do not have a conviction as an adult for a
sex offense, as defined in section 609.3457, subdivision 4.
new text end
Sec. 3.
new text begin
[246B.20] ALTERNATIVE FACILITIES.
new text end
new text begin
The commissioner of human services shall identify existing alternative settings to
which civilly committed sex offenders in the alternative program and assisted living unit
of the Minnesota sex offender program can be appropriately and safely transferred or
provisionally discharged or in which patients who are committed to an alternative program
under section 253B.185, subdivision 1c, may be placed. If existing alternative facilities are
insufficient in number or inadequate to provide for the care and supervision of individuals
being transferred or provisionally discharged, or for individuals who are committed to
an alternative program or who receive a conditional release under section 253B.185,
subdivision 1d, the commissioner shall develop and operate alternative facilities.
new text end
Sec. 4.
new text begin
[246B.30] PETITION FOR REDUCTION IN CUSTODY.
new text end
new text begin
The head of the treatment facility may exercise the authority under section
253B.185, subdivision 9, paragraph (c), to file a petition for a reduction in custody on
behalf of an individual in the alternative program or assisted living unit who does not
initiate a petition for a reduction in custody.
new text end
Sec. 5.
new text begin
[253B.184] SEX OFFENDER CIVIL COMMITMENT SCREENING
PANEL.
new text end
new text begin
(a) A sex offender civil commitment screening panel is established. The panel is
comprised of five members, to be appointed as follows:
new text end
new text begin
(1) two retired judges appointed by the chief justice of the Supreme Court;
new text end
new text begin
(2) two attorneys experienced in mental health and commitment law appointed by
the attorney general; and
new text end
new text begin
(3) one licensed psychologist or psychiatrist appointed by the commissioner of
human services.
new text end
new text begin
(b) The screening panel shall review a preliminary determination made by the
commissioner of corrections under section 244.05, subdivision 7, that a petition under
section 253B.185 may be appropriate and make a final recommendation as to whether
the county attorney should proceed with a petition. The screening panel shall notify the
county attorney in the county where the inmate was convicted of its recommendation
under this section.
new text end
new text begin
(c) The screening panel has access to the data specified in section 244.05,
subdivision 7, paragraph (b), for purposes of making a recommendation under this section.
The screening panel shall release requested documentation for its recommendation to the
county attorney, including documentation created by the screening panel or received from
the commissioner of corrections.
new text end
Sec. 6.
Minnesota Statutes 2010, 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.
deleted text begin The county attorney may request a prepetition screening report.deleted text end The petition is to be
executed by a person having knowledge of the facts and filed with the deleted text begin 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 entereddeleted text end new text begin Supreme Court for
referral to the statewide judicial panel established under subdivision 4. If the proposed
patient may qualify for an alternative facility placement under subdivision 1c, the petition
must include a statement to this effect and request the court to order an evaluation of the
proposed patient to determine the most appropriate disposition and placementnew text end .
new text begin
(c) The county attorney may request a prepetition screening report. If the proposed
patient does not have a conviction as an adult for a sex offense, as defined in section
609.3457, subdivision 4, the county attorney shall request a prepetition screening report
and the report must identify and recommend alternatives to civil commitment under this
section. A petition for commitment under this section of a patient who does not have a
conviction as an adult for a sex offense must explain the alternatives to commitment that
were considered and whether these alternatives were pursued before the petition was filed.
new text end
deleted text begin (c)deleted text end new text begin (d) new text end Upon deleted text begin the filingdeleted text end new text begin receipt new text end of a petition alleging that a proposed patient is a
sexually dangerous person or is a person with a sexual psychopathic personality, the deleted text begin courtdeleted text end
new text begin presiding judge new text end shall hear the petition as provided in section 253B.18.
deleted text begin (d)deleted text end new text begin (e) new text end In commitments under this section, 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 safetynew text begin or the court determines that the
patient should be placed in an alternative program under subdivision 1cnew text end new text begin or a conditional
release under subdivision 1d is appropriatenew text end .
deleted text begin (e)deleted text end new text begin (f) new text end 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. 7.
Minnesota Statutes 2010, section 253B.185, is amended by adding a
subdivision to read:
new text begin Subd. 1c. new text end
new text begin Alternative facility placements. new text end
new text begin
(a) This subdivision applies to a
proposed patient who is diagnosed as having a cognitive defect that may affect the patient's
ability to effectively participate in, or benefit from, a traditional treatment program
in a secure treatment facility or who, because of advanced age or physical disability,
could be effectively and safely managed in an alternative treatment facility or program.
For purposes of this subdivision, "cognitive defect" includes significantly subaverage
intellectual functioning existing concurrently with demonstrated deficits in adaptive
behavior, or compromised executive functioning evidenced by subaverage intellectual
functioning, learning disabilities, traumatic brain injury, or neurological impairment.
new text end
new text begin
(b) If the court determines that this subdivision applies to a proposed patient, the
court shall commit the patient to an alternative facility under section 246B.20 or, if
appropriate, issue a conditional release under subdivision 1d. The court may commit the
patient to an alternative program in a secure treatment facility only if an alternative facility
is not available and a conditional release is not appropriate or if the court determines that
commitment to a secure treatment facility is necessary for public safety.
new text end
Sec. 8.
Minnesota Statutes 2010, section 253B.185, is amended by adding a
subdivision to read:
new text begin Subd. 1d. new text end
new text begin Conditional release. new text end
new text begin
(a) The court may order the conditional release
of a proposed patient if:
new text end
new text begin
(1) the proposed patient does not have a conviction as an adult for a sex offense, as
defined in section 609.3457, subdivision 4;
new text end
new text begin
(2) the proposed patient qualifies for an alternative program under subdivision 1c; or
new text end
new text begin
(3) 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, the proposed
patient is not likely to engage in harmful sexual conduct if placed on a conditional release
with appropriate terms and conditions.
new text end
new text begin
(b) If the court finds that the conditional release of a proposed patient is appropriate,
the court shall notify the Minnesota sex offender program, which must prepare a plan
that identifies the treatment and services that the patient will receive in the community
and includes recommendations regarding the conditions of the release. The plan must
be presented to the court for its approval within 60 days after the court finds that a
conditional release 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 conditional release 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. At a minimum, these conditions must include
requirements that the patient:
new text end
new text begin
(1) report to or appear before an individual or agency as directed by the court or the
program;
new text end
new text begin
(2) comply with any applicable registration requirements under section 243.166;
new text end
new text begin
(3) not commit a crime or possess a firearm or other dangerous weapon;
new text end
new text begin
(4) not leave the state without the consent of the court or, in circumstances in which
the reason for the absence is of such an emergency nature that prior consent by the court is
not possible, without the consent of the program;
new text end
new text begin
(5) attend and fully participate in assessment, treatment, and behavior monitoring,
including medical, psychological or psychiatric treatment specific to sex offenders, or
chemical dependency treatment, based on the plan approved by the court under paragraph
(b);
new text end
new text begin
(6) submit to the search of the patient's person, residence, vehicle, or any personal or
real property under the patient's control at any time by the program;
new text end
new text begin
(7) refrain from having any contact, including written or oral communications,
directly or indirectly, with certain specified individuals, including a victim of a crime
committed by the patient or the victim's family; and
new text end
new text begin
(8) not establish any living arrangement or residence without prior approval of the
program.
new text end
new text begin
(d) If the program determines that a patient released under this subdivision has
violated a condition of release or is exhibiting behavior that may be dangerous to self
or others or that the interests of public safety requires that the conditional release 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 conditional release
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 release has been violated or that the safety of the patient or others requires
that the conditional release be revoked, the court shall revoke the conditional release 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. 9.
Minnesota Statutes 2010, section 253B.185, subdivision 4, is amended to read:
Subd. 4.
Statewide judicial panel; commitment proceedings.
(a) The Supreme
Court deleted text begin maydeleted text end new text begin shall new text end establish a panel of district judges with statewide authority to preside over
commitment proceedings of sexual psychopathic personalities and sexually dangerous
persons. Only one judge of the panel is required to preside over a particular commitment
proceeding. Panel members shall serve for one-year terms. One of the judges shall be
designated as the chief judge of the panel, and is vested with the power to designate the
presiding judge in a particular case, to set the proper venue for the proceedings, and to
otherwise supervise and direct the operation of the panel. The chief judge shall designate
one of the other judges to act as chief judge whenever the chief judge is unable to act.
(b) deleted text begin If the Supreme Court creates the judicial panel authorized by this section,deleted text end All
petitions for civil commitment brought under deleted text begin subdivision 1deleted text end new text begin this section new text end shall be filed with
the Supreme Court instead of with the district court in the county where the proposed
patient is presentdeleted text begin , notwithstanding any provision of subdivision 1 to the contrarydeleted text end .
Otherwise, all deleted text begin of thedeleted text end other applicable procedures contained in this chapter apply to
commitment proceedings conducted by a judge on the panel.
Sec. 10.
Minnesota Statutes 2010, section 253B.185, subdivision 8, is amended to read:
Subd. 8.
Petition and report required.
(a) Within 120 days of receipt of
a preliminary determination from a court under section 609.1351, or a deleted text begin referraldeleted text end
new text begin recommendation new text end from the deleted text begin commissioner of corrections pursuant to section 244.05,
subdivision 7deleted text end new text begin sex offender civil commitment screening panel under section 253B.184new text end ,
a county attorney shall determine whether good cause under this section exists to file a
petition, and if good cause exists, the county attorney or designee shall file the petition
with the court. new text begin If the sex offender screening panel does not recommend a commitment
under this section and the county attorney proceeds with the petition, the petition must
articulate the basis for the county attorney's determination that a petition is appropriate.
new text end
(b) Failure to meet the requirements of paragraph (a) does not bar filing a petition
under subdivision 1 any time the county attorney determines pursuant to subdivision 1
that good cause for such a petition exists.