SF 2548

as introduced - 88th Legislature (2013 - 2014) Posted on 03/13/2014 08:57am

A bill for an act
relating to human services; modifying provisions governing civil commitment of
persons with sexual psychopathic personalities and sexually dangerous persons;
establishing a Sex Offender Civil Commitment Screening Unit; implementing
the statewide sex offender civil commitment judicial panel; establishing a Sex
Offender Civil Commitment Defense Office; appropriating money; amending
Minnesota Statutes 2012, section 253B.18, subdivision 4b; Minnesota Statutes
2013 Supplement, sections 244.05, subdivision 7; 253B.18, subdivision 4c;
253D.07, subdivision 1; 253D.08; 253D.09; 253D.11; 253D.12, subdivision
2; 253D.14, subdivision 3; 253D.20; 253D.23; proposing coding for new
law in Minnesota Statutes, chapter 253D; repealing Minnesota Statutes 2013
Supplement, sections 253D.27; 253D.28.

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

Section 1.

Minnesota Statutes 2013 Supplement, 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 chapter 253D may be appropriate. deleted text begin The commissioner's opinion
must be based on a recommendation of a Department of Corrections screening committee
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 counsel deleted text end new text begin The commissioner shall
establish a process for making a determination under this subdivision that is based on
assessment standards established by the screening unit under section 253D.05 new 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 convicted
deleted text end new text begin Sex Offender Civil Commitment Screening Unit under section 253D.05, 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 attorney deleted text end new text begin screening unit new text end shall proceed in the manner provided in
deleted text begin chapter 253D deleted text end new text begin section 253D.05 new text end . The commissioner shall release to the deleted text begin county attorney
deleted text end new text begin screening unit new text end all requested documentation maintained by the department.

Sec. 2.

Minnesota Statutes 2012, section 253B.18, subdivision 4b, is amended to read:

Subd. 4b.

Pass-eligible status; notification.

deleted text begin The following patients deleted text end new text begin A patient
new text end committed to a secure treatment facility deleted text begin shall deleted text end new text begin as a person who is mentally ill and dangerous
must new text end not be placed on pass-eligible status deleted text begin unless deleted text end new text begin without approval of new text end that status deleted text begin has been
approved deleted text end by the medical director of the secure treatment facility new text begin if the patient new text end :

deleted text begin (a) a patient who has been committed as a person who is mentally ill and dangerous
and who:
deleted text end

(1) was found incompetent to proceed to trial for a felony or was found not guilty
by reason of mental illness of a felony immediately prior to the filing of the commitment
petition;

(2) was convicted of a felony immediately prior to or during commitment as a
person who is mentally ill and dangerous; or

(3) is subject to a commitment to the commissioner of corrections deleted text begin ; and deleted text end new text begin .
new text end

deleted text begin (b) a patient who has been committed as a psychopathic personality, a sexually
psychopathic personality, or a sexually dangerous person.
deleted text end

At least ten days prior to a determination on the status, the medical director shall
notify the committing court, the county attorney of the county of commitment, the
designated agency, an interested person, the petitioner, and the petitioner's counsel of the
proposed status, and their right to request review by the special review board. If within ten
days of receiving notice any notified person requests review by filing a notice of objection
with the commissioner and the head of the treatment facility, a hearing shall be held before
the special review board. The proposed status shall not be implemented unless it receives
a favorable recommendation by a majority of the board and approval by the commissioner.
The order of the commissioner is appealable as provided in section 253B.19.

Nothing in this subdivision shall be construed to give a patient an affirmative right to
seek pass-eligible status from the special review board.

Sec. 3.

Minnesota Statutes 2013 Supplement, section 253B.18, subdivision 4c, is
amended to read:

Subd. 4c.

Special review board.

(a) The commissioner shall establish one or more
panels of a special review board. The board shall consist of three members experienced
in the field of mental illness. One member of each special review board panel shall be a
psychiatrist or a doctoral level psychologist with forensic experience and one member
shall be an attorney. No member shall be affiliated with the Department of Human
Services. The special review board shall meet at least every six months and at the call of
the commissioner. It shall hear and consider all petitions for a reduction in custody or to
appeal a revocation of provisional discharge. A "reduction in custody" means transfer
from a secure treatment facility, discharge, and provisional discharge. Patients may be
transferred by the commissioner between secure treatment facilities without a special
review board hearing.

Members of the special review board shall receive compensation and reimbursement
for expenses as established by the commissioner.

(b) deleted text begin A petition filed by a person committed as mentally ill and dangerous to the
public under this section must be heard as provided in subdivision 5 and, as applicable,
subdivision 13. a petition filed by deleted text end A person committed deleted text begin as a sexual psychopathic
personality or as a sexually dangerous person under chapter deleted text end deleted text begin 253D deleted text end deleted text begin , or committed deleted text end as both
mentally ill and dangerous to the public under this section and as a sexual psychopathic
personality or as a sexually dangerous person deleted text begin must be heard as provided in section
253D.27 deleted text end new text begin is not entitled to file a petition for a reduction in custody new text end .

Sec. 4.

new text begin [253D.05] SEX OFFENDER CIVIL COMMITMENT SCREENING UNIT.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin (a) A Sex Offender Civil Commitment Screening
Unit is established. The screening unit is part of the executive branch of government.
The screening unit must operate as a centralized, professionally independent unit with
statewide jurisdiction to develop and implement a comprehensive assessment process to
evaluate individuals who may meet the criteria for civil commitment under this chapter
and the appropriate terms and conditions of commitment, including placement.
new text end

new text begin (b) An executive board comprised of two members appointed by the commissioner
of human services, two members appointed by the commissioner of corrections, and
one member appointed by the Supreme Court is responsible for overseeing the general
administrative operations of the screening unit but has no control over the performance of
professional duties of the screening unit. The member designated by the Supreme Court is
the chair of the board. Members serve two-year terms. A member of the board must not
be an employee of the Department of Human Services, the Department of Corrections, a
county attorney, or the judicial branch. Section 15.0575 applies to the compensation and
removal of members and filling of vacancies.
new text end

new text begin Subd. 2. new text end

new text begin Organization; multidisciplinary teams. new text end

new text begin (a) The executive board
shall hire a director for the screening unit who must be chosen solely on the basis of
training, experience, and other qualifications and will serve at the pleasure of the board.
The director shall employ a sufficient number of individuals to serve as members of
the screening unit and may employ staff to assist the members. The members must
include individuals with the professional expertise, credentials, training, and professional
independence to perform duties under this section.
new text end

new text begin (b) Each case must be reviewed by a screening team comprised of at least three
members of the screening unit. At least two members of a team must be professionals
with training and credentials in the treatment, diagnosis, risk assessment, or management
of sex offenders that ensure that assessments, determinations, and recommendations are
evidence-based and use the most current and accurate science, including validated risk
assessment instruments.
new text end

new text begin Subd. 3. new text end

new text begin Determinations and recommendations; use in court proceedings. new text end

new text begin (a)
The screening unit shall:
new text end

new text begin (1) review cases submitted by the commissioner of corrections under section 244.05,
subdivision 7, or a county attorney under section 253D.07, subdivision 1, and determine
whether the person meets the legal criteria for commitment under this chapter;
new text end

new text begin (2) if a court makes a determination that a respondent is a person with a sexual
psychopathic personality or sexually dangerous person, make a recommendation regarding
the terms and conditions of the commitment, including the appropriate placement; and
new text end

new text begin (3) when a case is subject to biennial review under this chapter, conduct a forensic
evaluation and make a recommendation regarding whether the committed person should
be transferred, provisionally discharged, or discharged under this chapter and the
appropriate terms and conditions of any continued commitment, including placement.
new text end

new text begin (b) If a case is submitted to the screening unit by the commissioner of corrections
under section 244.05, subdivision 7, the screening unit shall notify the county attorney of
the county where the inmate was convicted and the county where the inmate resided before
incarceration of its determination regarding whether the person meets the legal criteria for
commitment under this chapter. If the commissioner of corrections provided a preliminary
determination to the screening unit at least 12 months before the inmate's scheduled release
from prison, the unit shall provide the notice within 90 days after receiving the preliminary
determination from the commissioner of corrections. If the commissioner of corrections
provided a preliminary determination to the screening unit less than 12 months before the
inmate's scheduled release, the unit shall provide the notice nine months before the inmate's
scheduled release or within 30 days after receiving the preliminary determination from the
commissioner of corrections, whichever is later. The screening unit shall release requested
documentation for its determination to the county attorney, including documentation
created by the screening unit or received from the commissioner of corrections.
new text end

new text begin (c) If a case is submitted to the screening unit by a county attorney under section
253D.07, subdivision 1, the screening unit shall notify the county attorney of its
determination regarding whether the person meets the legal criteria for commitment under
this chapter. The notice must be given within 30 days after the case is submitted.
new text end

new text begin (d) Failure to comply with the timelines under paragraph (b) or (c) does not affect
the validity or effectiveness of a determination. A determination or recommendation
of the screening unit is not binding but may be admissible in a proceeding under this
chapter. A member of the screening unit must not testify at a proceeding where a report
of the screening unit will be considered.
new text end

new text begin Subd. 4. new text end

new text begin Access to data. new text end

new text begin The screening unit has access to the data specified in
sections 244.05, subdivision 7, paragraph (b), and 253D.08, subdivision 2, for purposes of
making a determination under subdivision 3, clause (1). The screening unit may move
for an order under section 253D.08, subdivision 1, in the same manner as the county
attorney, to obtain access to other records regarding an inmate or potential respondent
that may be relevant to its determination.
new text end

new text begin Subd. 5. new text end

new text begin Development and publication of standards. new text end

new text begin (a) The screening unit shall
develop clear, consistent, and scientifically based standards by which individuals are
screened for civil commitment and for determining the appropriate treatment, including
standards for determining whether an individual meets the legal criteria for commitment;
terms and conditions of commitment, including placement; and standards for a transfer,
provisional discharge, or discharge. The standards must be evidence-based and use the
most current and accurate science, including validated risk assessment instruments.
new text end

new text begin (b) The screening unit shall maintain expertise on the most current and accurate
assessment methods and analysis and regularly publish guidance on these subjects for the
benefit of courts, petitioners, defense counsel, and those subject to civil commitment
proceedings under this chapter.
new text end

new text begin (c) The screening unit shall develop assessment standards for use by the
commissioner of corrections under section 244.05, subdivision 7, for purposes of making
a determination that an inmate is in a high-risk category and a preliminary determination
that a petition under this chapter may be appropriate.
new text end

new text begin Subd. 6. new text end

new text begin Audit. new text end

new text begin At least once every two years, the executive board established
under subdivision 1 shall arrange for an independent audit of the work of the screening
unit to ensure that the screening unit produces consistent, accurate, and quality evaluations
that identify the scientific basis for recommendations and that the screening unit operates
as a professionally independent entity that is not subject to pressure or retaliation from
any source in the performance of its duties.
new text end

Sec. 5.

Minnesota Statutes 2013 Supplement, section 253D.07, subdivision 1, is
amended to read:

Subdivision 1.

Commitment generally.

new text begin (a) new text end Before commitment proceedings are
instituted, the deleted text begin facts shall first be submitted deleted text end new text begin case must be submitted to the Sex Offender
Civil Commitment Screening Unit under section 253D.05, provided that if the case
was submitted to the screening unit by the commissioner of corrections under section
244.05, subdivision 7, and the screening unit has not submitted its determination 48 hours
before the inmate's scheduled release, the county attorney may file a petition pending a
determination by the screening unit. In addition, the county attorney may file a petition
pending a determination if there is good cause for not submitting the case to the screening
unit in time to receive a determination before the filing of the petition. The petition must
include a statement of good cause. Upon a motion to dismiss for lack of good cause, or
when considering an application of the county attorney for a judicial hold order under
section 253B.07, subdivision 2b or 7, the court shall dismiss the petition unless the
court determines that the county attorney has established good cause. Dismissal does
not preclude the county attorney from filing a new petition after the requirements of
this paragraph have been satisfied.
new text end

new text begin (b) The screening unit must submit its determination regarding whether an individual
meets the legal criteria for commitment under this chapter new text end 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 new text begin A determination by the screening unit that an individual
does not meet the criteria for commitment is not binding on the county attorney. new 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, as defined in section 253B.02,
subdivision 4c, or the county where the respondent is present. If the respondent 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 deleted text end new text begin Supreme Court for referral
to the judicial panel under section 253D.11. The county attorney, as determined pursuant
to section 253B.23, subdivision 1b, is responsible for making a decision regarding the
filing of a commitment petition new text end .

Sec. 6.

Minnesota Statutes 2013 Supplement, section 253D.08, is amended to read:

253D.08 COUNTY ATTORNEY ACCESS TO DATA.

new text begin Subdivision 1. new text end

new text begin Court order required. new text end

new text begin (a) new text end Notwithstanding sections 144.291
to 144.298; 245.467, subdivision 6; 245.4876, subdivision 7; 260B.171; 260B.235,
subdivision 8; 260C.171; and 609.749, subdivision 6, or any provision of chapter 13 or
other state law, prior to filing a petition for commitment of a sexually dangerous person
or a person with a sexual psychopathic personality, and upon notice to the proposed
committed person, the county attorney or the county attorney's designee may move the
court for an order granting access to any records or data, to the extent it relates to the
proposed committed person, for the purpose of determining whether good cause exists to
file a petition and, if a petition is filed, to support the allegations set forth in the petition.

new text begin (b) new text end The court may grant the motion if: (1) the Department of Corrections refers
the case for commitment of a sexually dangerous person or a person with a sexual
psychopathic personality; or (2) upon a showing that the requested category of data or
records may be relevant to the determination by the county attorney or designee. The court
shall decide a motion under this section within 48 hours after a hearing on the motion.
Notice to the proposed committed person need not be given upon a showing that such
notice may result in harm or harassment of interested persons or potential witnesses.

new text begin Subd. 2. new text end

new text begin Court order not required; Department of Corrections, probation, or
parole data. new text end

Notwithstanding any provision of chapter 13 or other state law, a county
attorney considering the civil commitment of a person under this chapter may obtain
records and data from the Department of Corrections or any probation or parole agency in
this state upon request, without a court order, for the purpose of determining whether good
cause exists to file a petition and, if a petition is filed, to support the allegations set forth in
the petition. At the time of the request for the records, the county attorney shall provide
notice of the request to the person who is the subject of the records.

new text begin Subd. 3. new text end

new text begin Data retain classification; limited use in other proceedings. new text end

Data
collected pursuant to this section shall retain their original status and, if not public, are
inadmissible in any court proceeding unrelated to civil commitment, unless otherwise
permitted.

Sec. 7.

Minnesota Statutes 2013 Supplement, section 253D.09, is amended to read:

253D.09 PETITION new text begin DETERMINATION new text end REQUIRED.

(a) Within 120 days of receipt of a preliminary determination from a court under
section 609.1351, or a deleted text begin referral deleted text end new text begin determination new text end from the deleted text begin commissioner of corrections deleted text end new text begin Sex
Offender Civil Commitment Screening Unit new text end pursuant to section deleted text begin 244.05, subdivision 7
deleted text end new text begin 253D.05 new text end , a county attorney shall determine whether good cause under section 253D.07
exists to file a petition, and if good cause exists, the county attorney or designee shall file
the petition with the court.

(b) Failure to meet the requirements of paragraph (a) does not bar filing a petition
under section 253D.07, subdivision 2, any time the county attorney determines pursuant
to section 253D.07 that good cause for such a petition exists new text begin , provided that the case has
been submitted to the screening unit under section 253D.05 new text end .

Sec. 8.

Minnesota Statutes 2013 Supplement, section 253D.11, is amended to read:

253D.11 STATEWIDE JUDICIAL PANEL.

deleted text begin Subdivision 1. deleted text end

deleted text begin Establishment. deleted text end

The Supreme Court deleted text begin may deleted text end new text begin shall new text end establish a panel of
district judges new text begin , which may include retired judges, new text end with statewide authority to preside
over commitment proceedings of sexually dangerous persons or persons with sexual
psychopathic personalities. deleted text begin Only deleted text end One judge of the panel deleted text begin is required to deleted text end new text begin will new text end preside over
a particular commitment proceeding. Panel members shall serve deleted text begin for one-year deleted text end terms
new text begin specified by the Supreme Court new text end . 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.

deleted text begin Subd. 2. deleted text end

deleted text begin Petitions. deleted text end

deleted text begin If the Supreme Court creates the judicial panel authorized by this
section, all petitions for civil commitment brought under section 253D.07 shall be filed
with the supreme court instead of with the district court in the county where the proposed
patient is present, notwithstanding any provision of section 253D.07 to the contrary.
Otherwise, all of The other applicable procedures contained in this chapter and sections
253B.07 and 253B.08 apply to commitment proceedings conducted by a judge on the panel.
deleted text end

Sec. 9.

Minnesota Statutes 2013 Supplement, section 253D.12, subdivision 2, is
amended to read:

Subd. 2.

Share of cost of confinement.

Notwithstanding sections 246.54, 253D.10,
and any other law to the contrary, when a petition is filed for commitment under this
chapter deleted text begin pursuant to the notice required in deleted text end new text begin of a person who was referred under new text end section
244.05, subdivision 7, the state and county are each responsible for 50 percent of the cost
of the person's confinement at a state facility or county jail, prior to commitment.

Sec. 10.

Minnesota Statutes 2013 Supplement, section 253D.14, subdivision 3, is
amended to read:

Subd. 3.

Notice of discharge or release.

Before provisionally discharging,
discharging, deleted text begin granting pass-eligible status, approving a pass plan, deleted text end or otherwise permanently
or temporarily releasing a person committed under this chapter from a treatment facility,
the executive director shall make a reasonable effort to notify any victim of a crime for
which the person was convicted that the person may be discharged or released and that
the victim has a right to submit a written statement regarding deleted text begin decisions of the executive
director, or special review board deleted text end new text begin the decision new text end , with respect to the person. To the extent
possible, the notice must be provided at least 14 days before deleted text begin any special review board deleted text end new text begin a
new text end hearing deleted text begin or before a determination on a pass plan deleted text end . Notwithstanding section 611A.06,
subdivision 4, the commissioner shall provide the judicial deleted text begin appeal deleted text end panel new text begin under section
253D.11 new text end with victim information in order to comply with the provisions of this chapter.
The judicial deleted text begin appeal deleted text end panel shall ensure that the data on victims remains private as provided
for in section 611A.06, subdivision 4.

Sec. 11.

Minnesota Statutes 2013 Supplement, section 253D.20, is amended to read:

253D.20 RIGHT TO COUNSEL.

A committed person has the right to be represented by counsel at any proceeding
under this chapter. The court shall appoint a qualified attorney new text begin from the sex offender
civil commitment defense panel established under section 253D.201, new text end to represent
the committed person if neither the committed person nor others provide counsel.
The attorney shall be appointed at the time a petition for commitment is filed. In all
proceedings under this chapter, the attorney shall:

(1) consult with the person prior to any hearing;

(2) be given adequate time and access to records to prepare for all hearings;

(3) continue to represent the person throughout any proceedings under this chapter
unless released as counsel by the court; and

(4) be a vigorous advocate on behalf of the person.

Sec. 12.

new text begin [253D.201] SEX OFFENDER CIVIL COMMITMENT DEFENSE
OFFICE.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; operation. new text end

new text begin A Sex Offender Civil Commitment
Defense Office is established. The office is part of, but not subject to the administrative
control of, the judicial branch of government. The Supreme Court shall appoint a chief
administrator who shall supervise the operation of the office. The office shall approve and
administer a panel of defense counsel to represent respondents and committed persons in
proceedings under this chapter and provide for investigative and professional resources
necessary for the provision of quality legal representation.
new text end

new text begin Subd. 2. new text end

new text begin Costs of defense services. new text end

new text begin Notwithstanding section 253B.23, subdivision
1, to the extent the costs of defense counsel, examiners, and witnesses employed or used
by the defense office exceed ....... in a proceeding under this chapter, those costs must
be paid by the state.
new text end

Sec. 13.

Minnesota Statutes 2013 Supplement, section 253D.23, is amended to read:

253D.23 PASSES new text begin PROHIBITED new text end .

A committed person deleted text begin may be released on deleted text end new text begin is not eligible for, and must not receive,
new text end a pass deleted text begin only as provided by deleted text end new text begin . new text end Section 253B.18, subdivisions 4a and 4b new text begin , do not apply to a
committed person new text end .

Sec. 14. new text begin APPROPRIATIONS.
new text end

new text begin $....... in fiscal year 2015 is appropriated from the general fund to the Sex Offender
Civil Commitment Screening Unit established under section 4.
new text end

new text begin $....... in fiscal year 2015 is appropriated from the general fund to the Sex Offender
Civil Commitment Defense Office established under section 12.
new text end

Sec. 15. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2013 Supplement, sections 253D.27; and 253D.28, new text end new text begin are repealed.
new text end