SF 1287

as introduced - 87th Legislature (2011 - 2012) Posted on 02/23/2012 10:02am

A bill for an act
relating to human services; modifying certain provisions regarding the Minnesota
sex offender program; amending Minnesota Statutes 2010, sections 253B.141,
subdivision 2; 253B.185, subdivisions 1, 16, by adding subdivisions; 253B.19,
subdivision 2; 609.485, subdivision 2.

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

ARTICLE 1

TRANSFERS AND READMISSIONS

Section 1.

Minnesota Statutes 2010, section 253B.185, is amended by adding a
subdivision to read:

new text begin Subd. 11a. new text end

new text begin Transfer; voluntary readmission to a secure facility. new text end

new text begin (a) After a
patient has been transferred out of a secure facility pursuant to subdivision 11 and with the
consent of the executive director of the Minnesota sex offender program, a patient may
voluntarily return to a secure facility operated by the Minnesota sex offender program for
a period of up to 60 days.
new text end

new text begin (b) If the patient is not returned to the facility to which the patient was originally
transferred pursuant to subdivision 11 within 60 days of being readmitted to a secure
facility, the transfer is revoked and the patient shall remain in a secure facility. The patient
shall immediately be notified in writing of the revocation.
new text end

new text begin (c) Within 15 days of receiving notice of the revocation, the patient may petition
the special review board for a review of the revocation. The special review board shall
review the circumstances of the revocation and shall recommend to the judicial appeal
panel whether or not the revocation shall be upheld. The special review board may also
recommend a new transfer at the time of the revocation hearing.
new text end

new text begin (d) If the transfer has not been revoked and the patient is to be returned to the
facility to which the patient was originally transferred pursuant to subdivision 11, with no
substantive change to the conditions of the transfer ordered pursuant to subdivision 11, no
action by the special review board or judicial appeal panel is required.
new text end

Sec. 2.

Minnesota Statutes 2010, section 253B.185, is amended by adding a
subdivision to read:

new text begin Subd. 11b. new text end

new text begin Transfer; revocation. new text end

new text begin (a) The executive director of the Minnesota sex
offender program or designee may revoke a transfer made pursuant to subdivision 11 and
require a patient to return to a secure treatment facility if:
new text end

new text begin (1) remaining in a nonsecure setting will not provide a reasonable degree of safety to
the patient or others; or
new text end

new text begin (2) the patient has regressed in clinical progress so that the facility to which the
patient was transferred is no longer sufficient to meet the patient's needs.
new text end

new text begin (b) Upon the revocation of the transfer, the patient shall be immediately returned to a
secure treatment facility. A report documenting reasons for revocation shall be issued by
the executive director or designee within seven days after the patient is returned to the
secure treatment facility. Advance notice to the patient of the revocation is not required.
new text end

new text begin (c) The patient must be provided a copy of the revocation report and informed, orally
and in writing, of the rights of a patient under this subdivision. The revocation report shall
be served upon the patient and the patient's counsel. The report shall outline the specific
reasons for the revocation including, but not limited to, the specific facts upon which
the revocation recommendation is based.
new text end

new text begin (d) A patient whose transfer is revoked must successfully re-petition the special
review board and judicial appeal panel prior to being transferred out of a secure facility.
new text end

new text begin (e) Any patient aggrieved by a transfer revocation decision may petition the special
review board within seven days, exclusive of Saturdays, Sundays, and legal holidays,
after receipt of the revocation report for a review of the revocation. The matter shall
be scheduled within 30 days. The special review board shall review the circumstances
leading to the revocation and, after considering the factors in subdivision 11, paragraph
(b), shall recommend to the judicial appeal panel whether or not the revocation shall be
upheld. The special review board may also recommend a new transfer out of a secure
facility at the time of the revocation hearing.
new text end

Sec. 3.

Minnesota Statutes 2010, section 253B.185, is amended by adding a
subdivision to read:

new text begin Subd. 14a. new text end

new text begin Provisional discharge; voluntary readmission. new text end

new text begin (a) With the consent of
the executive director of the Minnesota sex offender program, a patient may voluntarily
return to the Minnesota sex offender program from provisional discharge for a period of
up to 60 days
new text end

new text begin (b) If the patient is not returned to provisional discharge status within 60 days of
being readmitted to the Minnesota sex offender program, the provisional discharge is
revoked. The patient shall immediately be notified of the revocation in writing. Within 15
days of receiving notice of the revocation, the patient may request a review of the matter
before the special review board. The special review board shall review the circumstances
of the revocation and, after applying the standards in subdivision 15, paragraph (a), shall
recommend to the judicial appeal panel whether or not the revocation shall be upheld. The
board may recommend a return to provisional discharge status.
new text end

new text begin (c) If the provisional discharge has not been revoked and the patient is to be returned
to provisional discharge, the Minnesota sex offender program is not required to petition for
a further review by the special review board unless the patient's return to the community
results in substantive change to the existing provisional discharge plan.
new text end

Sec. 4. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 3 are effective the day following final enactment.
new text end

ARTICLE 2

ABSENT WITHOUT AUTHORIZATION

Section 1.

Minnesota Statutes 2010, section 253B.141, subdivision 2, is amended to
read:

Subd. 2.

Apprehension; return to facility.

(a) Upon receiving the report of
absence from the head of the treatment facility or the committing court, a patient may be
apprehended and held by a peace officer in any jurisdiction pending return to the facility
from which the patient is absent without authorization. A patient may also be returned to
any facility operated by the commissioner. A person who is mentally ill and dangerous deleted text begin , a
sexual psychopathic personality patient, or a sexually dangerous person committed under
section 253B.18 deleted text end and detained under this subdivision may be held in a jail or lockup only if:

(1) there is no other feasible place of detention for the patient;

(2) the detention is for less than 24 hours; and

(3) there are protections in place, including segregation of the patient, to ensure
the safety of the patient.

(b) If a patient is detained under this subdivision, the head of the treatment facility
from which the patient is absent shall arrange to pick up the patient within 24 hours of
the time detention was begun and shall be responsible for securing transportation for the
patient to the facility. The expense of detaining and transporting a patient shall be the
responsibility of the treatment facility from which the patient is absent. The expense of
detaining and transporting a patient to a treatment facility operated by the Department of
Human Services shall be paid by the commissioner unless paid by the patient or persons
on behalf of the patient.

Sec. 2.

Minnesota Statutes 2010, section 253B.185, subdivision 16, is amended to read:

Subd. 16.

Return of absent patient.

new text begin (a) new text end If deleted text begin the deleted text end new text begin a new text end patient is absent without
authorization, new text begin including failure to return to the custody of the Minnesota sex offender
program upon the revocation of a provisional discharge, new text end the head of the treatment facility
or designee deleted text begin may request a peace officer to return the patient to the treatment facility deleted text end new text begin
shall report the absence to the local law enforcement agency new text end . The head of the treatment
facility shall inform the committing court of the revocation or absence, and the new text begin committing
new text end court new text begin or other district court new text end shall deleted text begin direct a peace officer in the county where the patient is
located to return the patient to the treatment facility or to another treatment facility. The
expense of returning the patient to a treatment facility shall be paid by the commissioner
unless paid by the patient or other persons on the patient's behalf deleted text end new text begin issue an order for
the apprehension and holding of the patient by a peace officer in any jurisdiction and
transportation of the patient to a facility operated by the Minnesota sex offender program
or otherwise returned to the custody of the Minnesota sex offender program new text end .

new text begin (b) An employee of the Department of Human Services may apprehend, detain, or
transport an absent patient at anytime. The immunity provided under section 253B.23,
subdivision 4, applies to the apprehension, detention, and transport of an absent patient.
new text end

new text begin (c) Upon receiving either the report or the apprehend and hold order in paragraph
(a), a law enforcement agency shall enter information on the patient into the missing
persons file of the National Crime Information Center database according to the missing
persons practices. Where probable cause exists of a violation of section 609.485, a law
enforcement agency shall also seek a felony arrest warrant and enter the warrant in the
National Crime Information Center database.
new text end

new text begin (d) For the purposes of ensuring public safety and the apprehension of an absent
patient, and notwithstanding state and federal data privacy laws, the Minnesota sex
offender program shall disclose information about the absent patient relevant to the
patient's apprehension and return to law enforcement agencies where the absent patient is
likely to be located or likely to travel through and to agencies with statewide jurisdiction.
new text end

new text begin (e) Upon receiving either the report or the apprehend and hold order in paragraph
(a), a patient shall be apprehended and held by a peace officer in any jurisdiction pending
return to a facility operated by the Minnesota sex offender program or otherwise returned
to the custody of the Minnesota sex offender program.
new text end

new text begin (f) A patient detained solely under this subdivision may be held in a jail or lockup
only if:
new text end

new text begin (1) there is no other feasible place of detention for the patient;
new text end

new text begin (2) the detention is for less than 24 hours; and
new text end

new text begin (3) there are protections in place, including segregation of the patient, to ensure
the safety of the patient.
new text end

new text begin These limitations do not apply to a patient being held for criminal prosecution,
including for violation of section 609.485.
new text end

new text begin (g) If a patient is detained under this subdivision, the Minnesota sex offender
program shall arrange to pick up the patient within 24 hours of the time detention was
begun and shall be responsible for securing transportation for the patient to a facility
operated by the Minnesota sex offender program, as determined by its executive director.
The expense of detaining and transporting a patient shall be the responsibility of the
Minnesota sex offender program.
new text end

new text begin (h) Immediately after an absent patient is apprehended, the Minnesota sex offender
program or the law enforcement agency that apprehended or returned the absent patient
shall notify the law enforcement agency that first received the absent patient report under
this subdivision, and that agency shall cancel the missing persons entry from the National
Crime Information Center computer.
new text end

Sec. 3.

Minnesota Statutes 2010, section 609.485, subdivision 2, is amended to read:

Subd. 2.

Acts prohibited.

Whoever does any of the following may be sentenced as
provided in subdivision 4:

(1) escapes while held pursuant to a lawful arrest, in lawful custody on a charge or
conviction of a crime, or while held in lawful custody on an allegation or adjudication
of a delinquent act;

(2) transfers to another, who is in lawful custody on a charge or conviction of a
crime, or introduces into an institution in which the latter is confined, anything usable in
making such escape, with intent that it shall be so used;

(3) having another in lawful custody on a charge or conviction of a crime,
intentionally permits the other to escape;

(4) escapes while in a facility designated under section 253B.18, subdivision 1,
pursuant to a court commitment order after a finding of not guilty by reason of mental
illness or mental deficiency of a crime against the person, as defined in section 253B.02,
subdivision 4a. Notwithstanding section 609.17, no person may be charged with or
convicted of an attempt to commit a violation of this clause;

(5) escapes while in or under the supervision of a facility designated under section
new text begin 246B.01, subdivision 2a; 246B.02; new text end 253B.18, subdivision 1 deleted text begin , deleted text end new text begin ; 253B.185, subdivision 1,
paragraph (d); new text end or Minnesota Statutes 1992, section 526.10;

(6) escapes while on pass status or provisional discharge according to section
253B.18 new text begin or 253B.185 new text end ; or

(7) escapes while a client of the Minnesota sex offender program as defined in
section 246B.01, subdivision 1a, or subject to a court hold order under section 253B.185.

For purposes of clauses (1) and (7), "escapes while held in lawful custody" or
"escapes while a client of the Minnesota sex offender program" includes absconding from
electronic monitoring or deleted text begin absconding after deleted text end removing an electronic monitoring device
from the person's body.

Sec. 4. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 3 are effective the day following final enactment.
new text end

ARTICLE 3

COMMITMENT PROCEDURE

Section 1.

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.
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
hear the petition as provided in section 253B.18 new text begin , except that section 253B.18, subdivisions
2 and 3, shall not apply new text end .

(d) 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 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.

new text begin EFFECTIVE DATE. new text end

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

ARTICLE 4

COMMUNITY NOTIFICATION

Section 1.

Minnesota Statutes 2010, section 253B.185, is amended by adding a
subdivision to read:

new text begin Subd. 10a. new text end

new text begin Scope of community notification. new text end

new text begin (a) Notification of the public and
disclosure of information under section 244.052, subdivision 4, regarding an individual
who was committed under this section or Minnesota Statutes 1992, section 526.10, is as
provided under section 244.052, subdivision 4, paragraphs (b), clause (3), and (g), and
subdivision 4b, regardless of the individual's assigned risk level.
new text end

new text begin (b) After four years from the date of an order for provisional discharge or discharge
of civil commitment, the individual may petition the head of the treatment facility from
which the individual was provisionally discharged or discharged to have the scope of
notification and disclosure based solely upon the individual's assigned risk level under
section 244.052.
new text end

new text begin (c) If an individual's provisional discharge is revoked for any reason, the four-year
time period under paragraph (b) starts over from the date of a subsequent order for
provisional discharge or discharge except that the head of the treatment facility or
designee may, in the sole discretion of the head or designee, determine that the individual
may petition before four years have elapsed from the date of the order of the subsequent
provisional discharge or discharge and notify the individual of that determination.
new text end

new text begin (d) The head of the treatment facility shall appoint a multidisciplinary committee to
review and make a recommendation on a petition made under paragraph (b). The head
of the treatment facility or designee may grant or deny the petition. There is no review
or appeal of the decision. If a petition is denied, the individual may petition again after
two years from the date of denial.
new text end

new text begin (e) Nothing in this subdivision shall be construed to give an individual an affirmative
right to petition the head of the treatment facility earlier than four years after the date of an
order for provisional discharge or discharge.
new text end

new text begin (f) The head of the treatment facility shall act in place of the individual's corrections
agent for the purpose of section 244.052, subdivision 3, paragraph (h), when the individual
is not assigned to a corrections agent.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment,
and applies where the requirement for disclosure of information, pursuant to section
244.052, subdivision 4, arises on or after that date.
new text end

ARTICLE 5

PARTIES TO THE PETITION

Section 1.

Minnesota Statutes 2010, section 253B.19, subdivision 2, is amended to read:

Subd. 2.

Petition; hearing.

(a) A person committed as mentally ill and dangerous
to the public under section 253B.18, or the county attorney of the county from which the
person was committed or the county of financial responsibility, may petition the judicial
appeal panel for a rehearing and reconsideration of a decision by the commissioner under
section 253B.18, subdivision 5. The judicial appeal panel must not consider petitions for
relief other than those considered by the commissioner from which the appeal is taken.
The petition must be filed with the Supreme Court within 30 days after the decision of
the commissioner is signed. The hearing must be held within 45 days of the filing of the
petition unless an extension is granted for good cause.

(b) A person committed as a sexual psychopathic personality or as a sexually
dangerous person under section 253B.185, or committed as both mentally ill and
dangerous to the public under section 253B.18 and as a sexual psychopathic personality or
as a sexually dangerous person under section 253B.185; the county attorney of the county
from which the person was committed or the county of financial responsibility; or the
commissioner may petition the judicial appeal panel for a rehearing and reconsideration
of a decision of the special review board under section 253B.185, subdivision 9. The
petition must be filed with the Supreme Court within 30 days after the decision is mailed
by the commissioner as required in section 253B.185, subdivision 9, paragraph (f). The
hearing must be held within 180 days of the filing of the petition unless an extension is
granted for good cause. If no party petitions the judicial appeal panel for a rehearing
or reconsideration within 30 days, the judicial appeal panel shall either issue an order
adopting the recommendations of the special review board or set the matter on for a
hearing pursuant to this paragraph.

(c) For an appeal under paragraph (a) or (b), the Supreme Court shall refer the
petition to the chief judge of the judicial appeal panel. The chief judge shall notify the
patient, the county attorney of the county of commitment, the designated agency, the
commissioner, the head of the treatment facility, any interested person, and other persons
the chief judge designates, of the time and place of the hearing on the petition. The notice
shall be given at least 14 days prior to the date of the hearing.

(d) Any person may oppose the petition. The patient, the patient's counsel, the
county attorney of the committing county or the county of financial responsibility, and the
commissioner shall participate as parties to the proceeding pending before the judicial
appeal panel deleted text begin , except when the patient is committed solely as mentally ill and dangerous, deleted text end
and shall, new text begin except when the patient is committed solely as mentally ill and dangerous, new text end no
later than 20 days before the hearing on the petition, inform the judicial appeal panel and
the opposing party in writing whether they support or oppose the petition and provide a
summary of facts in support of their position. The judicial appeal panel may appoint
examiners and may adjourn the hearing from time to time. It shall hear and receive all
relevant testimony and evidence and make a record of all proceedings. The patient, the
patient's counsel, and the county attorney of the committing county or the county of
financial responsibility have the right to be present and may present and cross-examine all
witnesses and offer a factual and legal basis in support of their positions. The petitioning
party seeking discharge or provisional discharge bears the burden of going forward with
the evidence, which means presenting a prima facie case with competent evidence to show
that the person is entitled to the requested relief. If the petitioning party has met this
burden, the party opposing discharge or provisional discharge bears the burden of proof by
clear and convincing evidence that the discharge or provisional discharge should be denied.
A party seeking transfer under section 253B.18, subdivision 6, or 253B.185, subdivision
11, must establish by a preponderance of the evidence that the transfer is appropriate.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to all judicial appeal panel proceedings in which either a petition for rehearing
and reconsideration before the judicial appeal panel is filed or the order of the panel to
hold that hearing is issued on or after that date.
new text end

ARTICLE 6

SEX OFFENDER CIVIL COMMITMENT STATUTES

Section 1. new text begin STATUTORY REVIEW.
new text end

new text begin The commissioner of human services, in consultation with the revisor of statutes,
shall review existing laws relating to civil commitment of individuals as sexual
psychopathic personalities or as sexually dangerous persons and propose legislation for
the 2012 legislative session that clearly organizes the law and distinguishes it from laws
relating to other forms of civil commitment.
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