SF 3259

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; allowing prisoners facing civil commitment in certain
cases to elect to remain confined in state correctional facilities beyond their
scheduled release date; providing for petitions for a reduction in custody of
persons committed as mentally ill and dangerous; amending Minnesota Statutes
2006, sections 244.05, subdivision 1b; 253B.045, subdivision 1; 253B.18,
subdivisions 4c, 5, 5a; 253B.185, subdivision 5, by adding subdivisions;
253B.19, subdivisions 2, 3; Minnesota Statutes 2007 Supplement, section 244.05,
subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 243.

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

Section 1.

new text begin [243.053] OPTION TO REMAIN IN PRISON FOR OFFENDERS
FACING CIVIL COMMITMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Election to remain confined. new text end

new text begin Upon the approval of the
commissioner of corrections, a person who is committed to the commissioner's custody,
who is being imprisoned in a state correctional facility, who is participating in sex offender
treatment, and who is eligible for supervised release may elect to remain confined in a
state correctional facility for a portion or the remainder of the person's executed sentence
to continue treatment if the person is being petitioned for commitment under section
253B.185 as a sexually dangerous person or as having a sexual psychopathic personality.
Upon the resolution of the petition, the completion of treatment, or the completion of the
person's executed sentence, whichever occurs first, the person shall either be released from
confinement or transferred to the custody of the commissioner of human services.
new text end

new text begin Subd. 2. new text end

new text begin Process for election. new text end

new text begin A person who elects to continue confinement under
subdivision 1 may do so only after being informed of the person's right to supervised
release and to be held in a secure treatment facility pending the determination of the
civil commitment petition. The person may waive the right to supervised release and to
be transferred to a secure treatment facility if the waiver is knowing, intelligent, and
voluntary.
new text end

new text begin Subd. 3. new text end

new text begin Terms of confinement. new text end

new text begin A person who elects to continue confinement
under subdivision 1 remains under the custody of the commissioner of corrections in the
same manner and under the same terms as before the person's term of imprisonment
expired except that the person has the right to request release from imprisonment under
this section. If the person requests release, the commissioner shall accommodate this
request as soon as is practicable. If this occurs, the provisions of chapter 253B govern the
physical custody of the person.
new text end

new text begin Subd. 4. new text end

new text begin No right to treatment. new text end

new text begin Nothing in this section may be construed to
establish a right of an inmate in a state correctional facility to participate in sex offender
treatment. This section must be construed in a manner consistent with the provisions
of section 244.03.
new text end

new text begin Subd. 5. new text end

new text begin Costs of confinement. new text end

new text begin The commissioner of corrections may charge the
county of financial responsibility as determined in section 253B.045, subdivision 2, for the
costs of a person's confinement under this section.
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

Sec. 2.

Minnesota Statutes 2007 Supplement, section 244.05, subdivision 1, is
amended to read:

Subdivision 1.

Supervised release required.

Except as provided in subdivisions
1b, 4, and 5 new text begin and section 243.053 new text end , every inmate shall serve a supervised release term upon
completion of the inmate's term of imprisonment as reduced by any good time earned
by the inmate or extended by confinement in punitive segregation pursuant to section
244.04, subdivision 2. Except for a sex offender conditionally released under Minnesota
Statutes 2004, section 609.108, subdivision 5, the supervised release term shall be equal to
the period of good time the inmate has earned, and shall not exceed the length of time
remaining in the inmate's sentence.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2006, section 244.05, subdivision 1b, is amended to read:

Subd. 1b.

Supervised release; offenders who commit crimes on or after August
1, 1993.

(a) Except as provided in subdivisions 4 and 5 new text begin and section 243.053 new text end , every inmate
sentenced to prison for a felony offense committed on or after August 1, 1993, shall serve
a supervised release term upon completion of the inmate's term of imprisonment and
any disciplinary confinement period imposed by the commissioner due to the inmate's
violation of any disciplinary rule adopted by the commissioner or refusal to participate in
a rehabilitative program required under section 244.03. The amount of time the inmate
serves on supervised release shall be equal in length to the amount of time remaining in
the inmate's executed sentence after the inmate has served the term of imprisonment and
any disciplinary confinement period imposed by the commissioner.

(b) No inmate who violates a disciplinary rule or refuses to participate in a
rehabilitative program as required under section 244.03 shall be placed on supervised
release until the inmate has served the disciplinary confinement period for that disciplinary
sanction or until the inmate is discharged or released from punitive segregation
confinement, whichever is later. The imposition of a disciplinary confinement period shall
be considered to be a disciplinary sanction imposed upon an inmate, and the procedure for
imposing the disciplinary confinement period and the rights of the inmate in the procedure
shall be those in effect for the imposition of other disciplinary sanctions at each state
correctional institution.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2006, section 253B.045, subdivision 1, is amended to read:

Subdivision 1.

Restriction.

Except when ordered by the court pursuant to a finding
of necessity to protect the life of the proposed patient or others, no person subject to the
provisions of this chapter shall be confined in a jail or correctional institution, except
pursuant to new text begin section 243.053 or new text end chapter 242 or 244.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

Minnesota Statutes 2006, 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 deleted text begin for persons committed as mentally ill and dangerous to
the public deleted text end . 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 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 new text begin a reduction in
custody or to appeal a revocation of provisional discharge. A "reduction in custody"
means new text end transfer from a secure treatment facility deleted text begin ; all petitions for deleted text end new text begin , new text end discharge, new text begin and new text end provisional
discharge deleted text begin , and revocation of provisional discharge; and make recommendations to the
commissioner concerning them deleted text end . Patients may be transferred by the commissioner between
secure treatment facilities without a special review board hearing.

deleted text begin (b) deleted text end Members of the special review board shall receive compensation and
reimbursement for expenses as established by the commissioner.

new text begin (b) 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 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 this section and as a sexual
psychopathic personality or as a sexually dangerous person must be heard as provided in
section 253B.185, subdivision 9.
new text end

Sec. 6.

Minnesota Statutes 2006, section 253B.18, subdivision 5, is amended to read:

Subd. 5.

Petition; notice of hearing; attendance; order.

(a) A petition for deleted text begin an
order of transfer, discharge, provisional discharge, deleted text end new text begin a reduction in custody new text end or revocation of
provisional discharge shall be filed with the commissioner and may be filed by the patient
or by the head of the treatment facility. A patient may not petition the special review
board for six months following commitment under subdivision 3 or following the final
disposition of any previous petition and subsequent appeal by the patient. The medical
director may petition at any time.

(b) Fourteen days prior to the hearing, the committing court, the county attorney of
the county of commitment, the designated agency, interested person, the petitioner, and
the petitioner's counsel shall be given written notice by the commissioner of the time and
place of the hearing before the special review board. Only those entitled to statutory notice
of the hearing or those administratively required to attend may be present at the hearing.
The patient may designate interested persons to receive notice by providing the names and
addresses to the commissioner at least 21 days before the hearing. The board shall provide
the commissioner with written findings of fact and recommendations within 21 days of
the hearing. The commissioner shall issue an order no later than 14 days after receiving
the recommendation of the special review board. A copy of the order shall be sent by
certified mail to every person entitled to statutory notice of the hearing within five days
after it is signed. No order by the commissioner shall be effective sooner than 30 days
after the order is signed, unless the county attorney, the patient, and the commissioner
agree that it may become effective sooner.

(c) The special review board shall hold a hearing on each petition prior to making
its recommendation to the commissioner. The special review board proceedings are not
contested cases as defined in chapter 14. Any person or agency receiving notice that
submits documentary evidence to the special review board prior to the hearing shall also
provide copies to the patient, the patient's counsel, the county attorney of the county of
commitment, the case manager, and the commissioner.

(d) Prior to the final decision by the commissioner, the special review board may be
reconvened to consider events or circumstances that occurred subsequent to the hearing.

(e) In making their recommendations and order, the special review board and
commissioner must consider any statements received from victims under subdivision 5a.

Sec. 7.

Minnesota Statutes 2006, section 253B.18, subdivision 5a, is amended to read:

Subd. 5a.

Victim notification of petition and release; right to submit statement.

(a) As used in this subdivision:

(1) "crime" has the meaning given to "violent crime" in section 609.1095, and
includes criminal sexual conduct in the fifth degree and offenses within the definition of
"crime against the person" in section 253B.02, subdivision 4a, and also includes offenses
listed in section 253B.02, subdivision 7a, paragraph (b), regardless of whether they are
sexually motivated;

(2) "victim" means a person who has incurred loss or harm as a result of a crime
the behavior for which forms the basis for a commitment under this section or section
253B.185; and

(3) "convicted" and "conviction" have the meanings given in section 609.02,
subdivision 5, and also include juvenile court adjudications, findings under Minnesota
Rules of Criminal Procedure, Rule 20.02, that the elements of a crime have been proved,
and findings in commitment cases under this section or section 253B.185 that an act or
acts constituting a crime occurred.

(b) A county attorney who files a petition to commit a person under this section
or section 253B.185 shall make a reasonable effort to provide prompt notice of filing
the petition to any victim of a crime for which the person was convicted. In addition,
the county attorney shall make a reasonable effort to promptly notify the victim of the
resolution of the petition.

(c) Before provisionally discharging, discharging, granting pass-eligible status,
approving a pass plan, or otherwise permanently or temporarily releasing a person
committed under this section or section 253B.185 from a treatment facility, the head of
the treatment facility 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 decisions of the medical
director, special review board, new text begin judicial appeal panel, new text end or commissioner with respect to the
person. To the extent possible, the notice must be provided at least 14 days before any
special review board hearing or before a determination on a pass plan.

(d) This subdivision applies only to victims who have requested notification by
contacting, in writing, the county attorney in the county where the conviction for the crime
occurred. A county attorney who receives a request for notification under this paragraph
shall promptly forward the request to the commissioner of human services.

(e) The rights under this subdivision are in addition to rights available to a victim
under chapter 611A. This provision does not give a victim all the rights of a "notified
person" or a person "entitled to statutory notice" under subdivision 4a, 4b, or 5.

Sec. 8.

Minnesota Statutes 2006, section 253B.185, subdivision 5, is amended to read:

Subd. 5.

Financial responsibility.

(a) For purposes of this subdivision, "state
facility" has the meaning given in section 246.50. new text begin The term also includes state correctional
facilities when a proposed patient remains in a correctional facility beyond the proposed
patient's release date as provided in section 243.053.
new text end

(b) Notwithstanding sections 246.54, 253B.045, and any other law to the contrary,
when a petition is filed for commitment under this section pursuant to the notice required
in 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.

(c) The county shall submit an invoice to the state court administrator for
reimbursement of the state's share of the cost of confinement.

(d) Notwithstanding paragraph (b), the state's responsibility for reimbursement is
limited to the amount appropriated for this purpose.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 9.

Minnesota Statutes 2006, section 253B.185, is amended by adding a
subdivision to read:

new text begin Subd. 9. new text end

new text begin Petition for reduction in custody. new text end

new text begin (a) This subdivision applies only
to committed persons as defined in paragraph (b). The procedures in section 253B.18,
subdivision 5a, for victim notification and right to submit a statement under section
253B.18 apply to petitions filed and reductions in custody recommended under this
subdivision.
new text end

new text begin (b) As used in this subdivision:
new text end

new text begin (1) "committed person" means an individual committed under this section, or under
this section and under section 253B.18, as mentally ill and dangerous. It does not include
persons committed only as mentally ill and dangerous under section 253B.18; and
new text end

new text begin (2) "reduction in custody" means transfer out of a secure treatment facility, a
provisional discharge, or a discharge from commitment.
new text end

new text begin (c) A petition for a reduction in custody or an appeal of a revocation of provisional
discharge may be filed by either the committed person or by the head of the treatment
facility and must be filed with and considered by the special review board. A committed
person may not petition the special review board any sooner than six months following
either:
new text end

new text begin (1) the entry of judgment in the district court of the order for commitment issued
under section 253B.18, subdivision 3, or upon the exhaustion of all related appeal rights
in state court relating to that order, whichever is later; or
new text end

new text begin (2) any order of the judicial panel or upon the exhaustion of all appeal rights in state
court, whichever is later. The medical director may petition at any time. The special
review board proceedings are not contested cases as defined in chapter 14.
new text end

new text begin (d) The special review board shall hold a hearing on each petition before issuing a
recommendation under paragraph (f). Fourteen days before the hearing, the committing
court, the county attorney of the county of commitment, the designated agency, an
interested person, the petitioner and the petitioner's counsel, and the committed person
and the committed person's counsel must be given written notice by the commissioner of
the time and place of the hearing before the special review board. Only those entitled to
statutory notice of the hearing or those administratively required to attend may be present
at the hearing. The patient may designate interested persons to receive notice by providing
the names and addresses to the commissioner at least 21 days before the hearing.
new text end

new text begin (e) A person or agency receiving notice that submits documentary evidence to the
special review board before the hearing must also provide copies to the committed person,
the committed person's counsel, the county attorney of the county of commitment, the case
manager, and the commissioner. The special review board must consider any statements
received from victims under section 253B.18, subdivision 5a.
new text end

new text begin (f) Within 30 days of the hearing, the special review board shall issue written
findings of fact and shall either deny the petition or recommend approval of the petition
to the judicial appeal panel established under section 253B.19. No reduction in custody
or reversal of a revocation of provisional discharge recommended by the special review
board is effective until it has been reviewed by the judicial appeal panel and until 15 days
after an order from the panel affirming or modifying the recommendation.
new text end

Sec. 10.

Minnesota Statutes 2006, section 253B.185, is amended by adding a
subdivision to read:

new text begin Subd. 10. new text end

new text begin Appeal. new text end

new text begin The committed person or the county attorney of the county from
which the person was committed may petition the judicial appeal panel under section
253B.19 for a rehearing and reconsideration of a denial of a petition by the special review
board under this section. The petition must be filed, heard, decided, and acted upon, and
may be appealed, as set forth in section 253B.19, subdivision 2 to 5.
new text end

Sec. 11.

Minnesota Statutes 2006, section 253B.19, subdivision 2, is amended to read:

Subd. 2.

Petition; hearing.

deleted text begin The committed person or the county attorney of the
county from which a patient was committed as a person who is mentally ill and dangerous
to the public, or as a sexual psychopathic personality or as a sexually dangerous person
may petition the appeal panel for a rehearing and reconsideration of a decision by the
commissioner. The petition shall be filed with the Supreme Court within 30 days after the
decision of the commissioner is signed. The Supreme Court shall refer the petition to the
chief judge of the appeal panel. deleted text end new text begin (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 may petition the appeal panel for a rehearing and reconsideration
of a decision by the commissioner under section 253B.18, subdivision 5. The 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.
new text end

new text begin (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 this section and as a sexual psychopathic personality or as a
sexually dangerous person under section 253B.185; or the county attorney of the county
from which the person was committed may petition the 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 of the special review board is signed by the chair of the board. The hearing
must be held within 180 days of the filing of the petition unless an extension is granted
for good cause.
new text end

new text begin (c) For an appeal under paragraph (a) or (b), new text end 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. deleted text begin The hearing shall be within
45 days of the filing of the petition unless an extension is granted for good cause. deleted text end new text begin The
supreme court shall refer the petition to the chief judge of the appeal panel.
new text end

new text begin (d) new text end Any person may oppose the petition. new text begin The patient, patient's counsel, and the
county attorney of the committing county shall participate as parties to the proceeding
pending before the appeal panel and shall, no later than 20 days before the hearing on the
petition, inform the 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. new text end The 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, patient's counsel, and the county attorney of the committing county deleted text begin may deleted text end new text begin shall new text end be
present and new text begin may new text end present and cross-examine all witnesses new text begin and offer a factual and legal
basis in support of their positions new text end . The petitioning party bears the burden of going forward
with the evidence. The party opposing discharge bears the burden of proof by clear and
convincing evidence that the respondent is in need of commitment.

Sec. 12.

Minnesota Statutes 2006, section 253B.19, subdivision 3, is amended to read:

Subd. 3.

Decision.

A majority of the appeal panel shall rule upon the petition. The
order of the appeal panel shall supersede deleted text begin the deleted text end new text begin an new text end order of the commissioner deleted text begin in the cases deleted text end new text begin
under section 253B.18, subdivision 5, or a decision of the judicial panel new text end . No order of the
appeal panel granting a transfer, discharge or provisional discharge shall be made effective
sooner than 15 days after it is issued. deleted text begin The panel may not consider petitions for relief other
than those considered by the commissioner from which the appeal is taken. deleted text end new text begin For persons
committed as mentally ill and dangerous under section 253B.18, new text end the panel may not grant
a transfer or provisional discharge on terms or conditions that were not presented to the
commissioner or the special review board.