SF 1848

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to civil commitment; establishing a Predatory 
  1.3             Offender Screening Committee to make recommendations 
  1.4             to the commissioner of corrections regarding referral 
  1.5             of sex offenders to civil commitment proceedings; 
  1.6             providing for access to data in making these 
  1.7             determinations; amending Minnesota Statutes 2002, 
  1.8             sections 13.851, subdivision 5; 244.05, subdivision 7; 
  1.9             proposing coding for new law in Minnesota Statutes, 
  1.10            chapter 244. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 2002, section 13.851, 
  1.13  subdivision 5, is amended to read: 
  1.14     Subd. 5.  [SEX OFFENDERS; CIVIL COMMITMENT DETERMINATION; 
  1.15  COMMISSIONER OF CORRECTIONS.] Data provided to the county 
  1.16  attorney under section 244.05, subdivision 7, are governed by 
  1.17  that section Access to data for purposes of recommendations and 
  1.18  determinations regarding the appropriateness of civil commitment 
  1.19  of sexual predators is governed by sections 244.05, subdivision 
  1.20  7, and 244.0511, subdivision 2. 
  1.21     Sec. 2.  Minnesota Statutes 2002, section 244.05, 
  1.22  subdivision 7, is amended to read: 
  1.23     Subd. 7.  [SEX OFFENDERS; CIVIL COMMITMENT DETERMINATION.] 
  1.24  (a) Before the commissioner releases from prison any inmate 
  1.25  convicted under sections 609.342 to 609.345 or sentenced as a 
  1.26  patterned offender under section 609.108, and determined by the 
  1.27  commissioner to be in a high risk category, the commissioner 
  1.28  shall request a recommendation from the Predatory Offender 
  2.1   Screening Committee established under section 244.0511 and make 
  2.2   a preliminary determination whether, in the commissioner's 
  2.3   opinion, a petition under section 253B.185 may be appropriate.  
  2.4      (b) In making this decision, the commissioner shall have 
  2.5   access to the following data only for the purposes of the 
  2.6   assessment and referral decision: 
  2.7      (1) private medical data under section 13.384 or 144.335, 
  2.8   or welfare data under section 13.46 that relate to medical 
  2.9   treatment of the offender; 
  2.10     (2) private and confidential court services data under 
  2.11  section 13.84; 
  2.12     (3) private and confidential corrections data under section 
  2.13  13.85; and 
  2.14     (4) private criminal history data under section 13.87. 
  2.15     (c) If the commissioner determines that a petition may be 
  2.16  appropriate, the commissioner shall forward this determination, 
  2.17  along with a summary of the reasons for the determination, to 
  2.18  the county attorney in the county where the inmate was convicted 
  2.19  no later than 12 months before the inmate's release date.  If 
  2.20  the inmate is received for incarceration with fewer than 12 
  2.21  months remaining in the inmate's term of imprisonment, or if the 
  2.22  commissioner receives additional information less than 12 months 
  2.23  before release which makes the inmate's case appropriate for 
  2.24  referral, the commissioner shall forward the determination as 
  2.25  soon as is practicable.  Upon receiving the commissioner's 
  2.26  preliminary determination, the county attorney shall proceed in 
  2.27  the manner provided in section 253B.185.  The commissioner shall 
  2.28  release to the county attorney all requested documentation 
  2.29  maintained by the department. 
  2.30     Sec. 3.  [244.0511] [PREDATORY OFFENDER SCREENING 
  2.31  COMMITTEE.] 
  2.32     Subdivision 1.  [ESTABLISHMENT.] (a) A Predatory Offender 
  2.33  Screening Committee is established for the purpose of making 
  2.34  recommendations to the commissioner regarding whether a petition 
  2.35  under section 253B.185 may be appropriate when an inmate is 
  2.36  released.  
  3.1      (b) The Predatory Offender Screening Committee consists of 
  3.2   the following members: 
  3.3      (1) a judge or retired judge appointed by the chief justice 
  3.4   of the Supreme Court; and 
  3.5      (2) two individuals who are a licensed psychologist or 
  3.6   psychiatrist appointed by the commissioner of human services.  
  3.7      Subd. 2.  [RECOMMENDATION; ACCESS TO DATA.] At least six 
  3.8   months before the commissioner is required to make a 
  3.9   determination under section 244.05, subdivision 7, the 
  3.10  commissioner shall request a recommendation regarding this 
  3.11  determination from the Predatory Offender Screening Committee 
  3.12  established in subdivision 1.  The committee has access to the 
  3.13  data described in section 244.05, subdivision 7, paragraph (b), 
  3.14  in making its recommendation.  Within three months after 
  3.15  receiving a request from the commissioner, the screening 
  3.16  committee shall forward its recommendation to the commissioner 
  3.17  along with a summary of its reasons for the recommendation.