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HF 947

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 05/01/2013 03:11pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/25/2013
1st Engrossment Posted on 03/13/2013

Current Version - 1st Engrossment

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A bill for an act
relating to human services; distinguishing and clarifying law regarding civil
commitment of sexually dangerous persons and persons with sexual psychopathic
personalities from other civil commitments; amending Minnesota Statutes 2012,
sections 253B.02, subdivisions 18a, 24; 253B.03, subdivision 1a; 253B.045,
subdivision 1a; 253B.092, subdivision 1; 253B.17, subdivision 1; 253B.185;
253B.19, subdivision 2; proposing coding for new law as Minnesota Statutes,
chapter 253D.

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

Section 1.

Minnesota Statutes 2012, section 253B.02, subdivision 18a, is amended to
read:


Subd. 18a.

Secure treatment facility.

"Secure treatment facility" means the
Minnesota Security Hospital deleted text beginand the Minnesota sex offender program facility in Moose
Lake and any portion of the Minnesota sex offender program operated by the Minnesota
sex offender program at the Minnesota Security Hospital,
deleted text end but does not include services
or programs administered by the deleted text beginsecure treatment facilitydeleted text endnew text begin Minnesota Security Hospital
new text end outside a secure environment.

Sec. 2.

Minnesota Statutes 2012, section 253B.02, subdivision 24, is amended to read:


Subd. 24.

Administrative restriction.

"Administrative restriction" means any
measure utilized by the commissioner to maintain safety and security, protect possible
evidence, and prevent the continuation of suspected criminal acts. Administrative
restriction does not mean protective isolation as defined by Minnesota Rules, part
9515.3090, subpart 4. Administrative restriction may include increased monitoring,
program limitations, loss of privileges, restricted access to and use of possessions,
and separation of a deleted text beginpatientdeleted text endnew text begin committed personnew text end from the normal living environment,
as determined by the commissioner or the commissioner's designee. Administrative
restriction applies only to deleted text beginpatientsdeleted text endnew text begin committed personsnew text end in a secure treatment facility as
defined in deleted text beginsubdivision 18adeleted text endnew text begin section 253D.02, subdivision 9,new text end who:

(1) are suspected of committing a crime or charged with a crime;

(2) are the subject of a criminal investigation;

(3) are awaiting sentencing following a conviction of a crime; or

(4) are awaiting transfer to a correctional facility.

deleted text begin The commissioner shall establish policies and procedures according to section 246.014,
paragraph (d)
, regarding the use of administrative restriction. The policies and procedures
shall identify the implementation and termination of administrative restrictions. Use of
administrative restriction and the reason associated with the use shall be documented
in the patient's medical record.
deleted text end

Sec. 3.

Minnesota Statutes 2012, section 253B.03, subdivision 1a, is amended to read:


Subd. 1a.

Administrative restriction.

(a) A deleted text beginpatientdeleted text endnew text begin committed personnew text end has the
right to be free from unnecessary or excessive administrative restriction. Administrative
restriction shall not be used for the convenience of staff, for retaliation for filing
complaints, or as a substitute for program treatment. Administrative restriction may not
involve any further deprivation of privileges than is necessary.

(b) Administrative restriction may include separate and secure housing.

(c) deleted text beginPatientsdeleted text endnew text begin Committed Personsnew text end under administrative restriction shall not be limited
in access to their attorney.

(d) If a deleted text beginpatientdeleted text endnew text begin committed personnew text end is placed on administrative restriction because
the deleted text beginpatientdeleted text endnew text begin committed personnew text end is suspected of committing a crime, the secure treatment
facility must report the crime to the appropriate police agency within 24 hours of the
beginning of administrative restriction. The deleted text beginpatientdeleted text endnew text begin committed personnew text end must be released
from administrative restriction if a police agency does not begin an investigation within 72
hours of the report.

(e) A deleted text beginpatientdeleted text endnew text begin committed personnew text end placed on administrative restriction because the
deleted text beginpatientdeleted text end new text begincommitted person new text endis a subject of a criminal investigation must be released from
administrative restriction when the investigation is completed. If the deleted text beginpatientdeleted text endnew text begin committed
person
new text end is charged with a crime following the investigation, administrative restriction may
continue until the charge is disposed of.

(f) The secure treatment facility must notify the deleted text beginpatient'sdeleted text endnew text begin committed person's
new text end attorney of the deleted text beginpatientdeleted text endnew text begin committed personnew text end being placed on administrative restriction within
24 hours after the beginning of administrative restriction.

new text begin (g) The commissioner shall establish policies and procedures according to section
246.014, paragraph (d), regarding the use of administrative restriction. The policies
and procedures shall identify the implementation and termination of administrative
restrictions. Use of administration restriction and the reason associated with the use shall
be documented in the committed person's medical record.
new text end

Sec. 4.

Minnesota Statutes 2012, section 253B.045, subdivision 1a, is amended to read:


Subd. 1a.

deleted text beginExceptiondeleted text endnew text begin Correctional facilitiesnew text end.

(a) A person who is being petitioned
for commitment under deleted text beginsection 253B.185deleted text endnew text begin this chapternew text end and who is placed under a judicial
hold order under section 253B.07, subdivision 2b or 7, may be confined at a Department
of Corrections or a county correctional or detention facility, rather than a secure treatment
facility, until a determination of the commitment petition as specified in this subdivision.

(b) A court may order that a person who is being petitioned for commitment under
deleted text beginsection 253B.185deleted text endnew text begin this chapternew text end be confined in a Department of Corrections facility pursuant
to the judicial hold order under the following circumstances and conditions:

(1) The person is currently serving a sentence in a Department of Corrections
facility and the court determines that the person has made a knowing and voluntary (i)
waiver of the right to be held in a secure treatment facility and (ii) election to be held in a
Department of Corrections facility. The order confining the person in the Department of
Corrections facility shall remain in effect until the court vacates the order or the person's
criminal sentence and conditional release term expire.

In no case may the person be held in a Department of Corrections facility pursuant
only to this subdivision, and not pursuant to any separate correctional authority, for more
than 210 days.

(2) A person who has elected to be confined in a Department of Corrections facility
under this subdivision may revoke the election by filing a written notice of intent to revoke
the election with the court and serving the notice upon the Department of Corrections and
the county attorney. The court shall order the person transferred to a secure treatment
facility within 15 days of the date that the notice of revocation was filed with the court,
except that, if the person has additional time to serve in prison at the end of the 15-day
period, the person shall not be transferred to a secure treatment facility until the person's
prison term expires. After a person has revoked an election to remain in a Department of
Corrections facility under this subdivision, the court may not adopt another election to
remain in a Department of Corrections facility without the agreement of both parties and
the Department of Corrections.

(3) Upon petition by the commissioner of corrections, after notice to the parties
and opportunity for hearing and for good cause shown, the court may order that the
person's place of confinement be changed from the Department of Corrections to a secure
treatment facility.

(4) While at a Department of Corrections facility pursuant to this subdivision, the
person shall remain subject to all rules and practices applicable to correctional inmates
in the facility in which the person is placed including, but not limited to, the powers and
duties of the commissioner of corrections under section 241.01, powers relating to use of
force under section 243.52, and the right of the commissioner of corrections to determine
the place of confinement in a prison, reformatory, or other facility.

(5) A person may not be confined in a Department of Corrections facility under this
provision beyond the end of the person's executed sentence or the end of any applicable
conditional release period, whichever is later. If a person confined in a Department of
Corrections facility pursuant to this provision reaches the person's supervised release
date and is subject to a period of conditional release, the period of conditional release
shall commence on the supervised release date even though the person remains in the
Department of Corrections facility pursuant to this provision. At the end of the later of
the executed sentence or any applicable conditional release period, the person shall be
transferred to a secure treatment facility.

(6) 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.

(c) The committing county may offer a person who is being petitioned for
commitment under deleted text beginsection 253B.185deleted text endnew text begin this chapternew text end and who is placed under a judicial
hold order under section 253B.07, subdivision 2b or 7, the option to be held in a county
correctional or detention facility rather than a secure treatment facility, under such terms
as may be agreed to by the county, the commitment petitioner, and the commitment
respondent. If a person makes such an election under this paragraph, the court hold order
shall specify the terms of the agreement, including the conditions for revoking the election.

Sec. 5.

Minnesota Statutes 2012, section 253B.092, subdivision 1, is amended to read:


Subdivision 1.

General.

Neuroleptic medications may be administerednew text begin, only as
provided in this section,
new text endto patients subject to early intervention or civil commitment as
mentally ill deleted text beginordeleted text endnew text begin,new text end mentally ill and dangerous deleted text beginonly as provided in this sectiondeleted text endnew text begin, a sexually
dangerous person, or a person with a sexual psychopathic personality
new text end. For purposes of
this section, "patient" includes a proposed patient who is the subject of a petition for
early intervention or commitmentnew text begin and a committed person as defined in section 253D.02,
subdivision 3
new text end.

Sec. 6.

Minnesota Statutes 2012, section 253B.17, subdivision 1, is amended to read:


Subdivision 1.

Petition.

Any patient, except one committed as a new text beginsexually dangerous
person or a person with a sexual psychopathic personality or as a
new text endperson who is mentally
ill and dangerous to the public deleted text beginor as a sexually dangerous person or person with a sexual
psychopathic personality
deleted text end as provided in section 253B.18, subdivision 3, or any interested
person may petition the committing court or the court to which venue has been transferred
for an order that the patient is not in need of continued care and treatment or for an order
that an individual is no longer a person who is mentally ill, developmentally disabled, or
chemically dependent, or for any other relief. A patient committed as a person who is
mentally ill or mentally ill and dangerousnew text begin or a sexually dangerous person or person with a
sexual psychopathic personality
new text end may petition the committing court or the court to which
venue has been transferred for a hearing concerning the administration of neuroleptic
medication.

Sec. 7.

Minnesota Statutes 2012, section 253B.185, is amended to read:


253B.185 deleted text beginSEXUAL PSYCHOPATHIC PERSONALITY;deleted text end SEXUALLY
DANGEROUSnew text begin; SEXUAL PSYCHOPATHIC PERSONALITYnew text end.

Subdivision 1.

Commitment generally.

deleted text begin (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.
deleted text end

deleted text begin (b)deleted text endnew text begin (a)new text end 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 responsibilitynew text begin, as defined in section 253B.02, subdivision 4c,
new text end or the county where the deleted text beginpatientdeleted text endnew text begin respondentnew text end is present. If the deleted text beginpatientdeleted text endnew text begin respondentnew text end 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 begin (c)deleted text endnew text begin (b)new text end Upon the filing of a petition alleging that a proposed deleted text beginpatientdeleted text endnew text begin respondentnew text end is
a sexually dangerous person or deleted text beginisdeleted text end a person with a sexual psychopathic personality, the
court shall hear the petition as provided in deleted text beginsection 253B.18, except that section 253B.18,
subdivisions 2
and 3, shall not apply
deleted text endnew text begin sections 253B.07 and 253B.08new text end.

deleted text begin (d) In commitments under this section,deleted text endnew text begin (c) If the court finds by clear and convincing
evidence that the respondent is a sexually dangerous person or a person with a sexual
psychopathic personality,
new text end the court shall commit the deleted text beginpatientdeleted text endnew text begin personnew text end to a secure treatment
facility unless the deleted text beginpatientdeleted text endnew text begin personnew text end establishes by clear and convincing evidence that a
less restrictive treatment program is available deleted text beginthatdeleted text endnew text begin, is willing to accept the respondent
under commitment, and
new text end is consistent with the deleted text beginpatient'sdeleted text endnew text begin person'snew text end treatment needs and the
requirements of public safety.

deleted text begin (e)deleted text endnew text begin (d)new text end After a deleted text beginfinaldeleted text end determination that a deleted text beginpatientdeleted text endnew text begin respondentnew text end is a sexually dangerous
person ornew text begin a person with anew text end sexual psychopathic personality, the court shall order commitment
for an indeterminate period of time and the deleted text beginpatientdeleted text endnew text begin committed personnew text end shall be transferred,
provisionally discharged, or discharged, only as provided in this deleted text beginsectiondeleted text endnew text begin chapternew text end.

Subd. 1a.

deleted text beginTemporary confinementdeleted text endnew text begin Jailsnew text end.

During any hearing held under this
deleted text beginsectiondeleted text endnew text begin chapternew text end, or pending deleted text beginemergencydeleted text end revocation of a provisional discharge, the court
may order the deleted text beginpatientdeleted text endnew text begin committed personnew text end or proposed deleted text beginpatientdeleted text endnew text begin committed personnew text end temporarily
confined in a jail or lockup but only if:

(1) there is no other feasible place of confinement for the deleted text beginpatientdeleted text endnew text begin personnew text end within a
reasonable distance;

(2) the confinement is for less than 24 hours or, if during a hearing, less than 24
hours prior to commencement and after conclusion of the hearing; and

(3) there are protections in place, including segregation of the deleted text beginpatientdeleted text endnew text begin personnew text end, to
ensure the safety of the deleted text beginpatientdeleted text endnew text begin personnew text end.

Subd. 1b.

County attorney access to data.

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 deleted text beginas a sexual psychopathic
deleted text end deleted text beginpersonality or as a sexually dangerous persondeleted text endnew text begin of a sexually dangerous person or a person
with a sexual psychopathic personality
new text end, and upon notice to the proposed deleted text beginpatientdeleted text endnew text begin committed
person
new text end, 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 deleted text beginpatient
deleted text endnew text begin committed personnew text end, 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.

The court may grant the motion if: (1) the Department of Corrections refers the case
for commitment deleted text beginas a sexual psychopathic personality or a sexually dangerous persondeleted text endnew text begin of
a sexually dangerous person or a person with a sexual psychopathic personality
new text end; 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 deleted text beginsubdivisiondeleted text endnew text begin sectionnew text end within 48 hours after a hearing on the motion. Notice to the
proposed deleted text beginpatientdeleted text endnew text begin committed personnew text end need not be given upon a showing that such notice
may result in harm or harassment of interested persons or potential witnesses.

Notwithstanding any provision of chapter 13 or other state law, a county attorney
considering the civil commitment of a person under this deleted text beginsectiondeleted text endnew text begin chapternew text end 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.

Data collected pursuant to this deleted text beginsubdivisiondeleted text endnew text begin sectionnew text end shall retain their original status
and, if not public, are inadmissible in any court proceeding unrelated to civil commitment,
unless otherwise permitted.

Subd. 2.

Transfer to correctional facility.

(a) If a person has been committed
under this deleted text beginsectiondeleted text endnew text begin chapternew text end and later is committed to the custody of the commissioner of
corrections for any reason, including but not limited to, being sentenced for a crime or
revocation of the person's supervised release or conditional release under section 244.05;
609.3455, subdivision 6, 7, or 8; Minnesota Statutes 2004, section 609.108, subdivision
6; or Minnesota Statutes 2004, section 609.109, subdivision 7, the person shall be
transferred to a facility designated by the commissioner of corrections without regard to
the procedures provided in deleted text beginsubdivision 11deleted text endnew text begin section 253D.29, subdivision 1new text end.

(b) If a person is committed under this deleted text beginsectiondeleted text endnew text begin chapternew text end after a commitment to
the commissioner of corrections, the person shall first serve the sentence in a facility
designated by the commissioner of corrections. After the person has served the sentence,
the person shall be transferred to a treatment program designated by the commissioner
of human services.

Subd. 3.

Not to constitute defense.

The existence in any person of a condition of a
sexual psychopathic personality or the fact that a person is a sexually dangerous person
shall not in any case constitute a defense to a charge of crime, nor relieve such person
from liability to be tried upon a criminal charge.

Subd. 4.

Statewide judicial panel; commitment proceedings.

(a) The Supreme
Court may establish a panel of district judges with statewide authority to preside over
commitment proceedings of deleted text beginsexual psychopathic personalities and sexually dangerous
deleted text end deleted text beginpersonsdeleted text endnew text begin sexually dangerous persons or persons with sexual psychopathic personalitiesnew text end.
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) If the Supreme Court creates the judicial panel authorized by this section, all
petitions for civil commitment brought under deleted text beginsubdivision 1deleted text endnew text begin section 253D.07new text end 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 deleted text beginsubdivision 1deleted text endnew text begin section 253D.07new text end to the
contrary. Otherwise, all of the other applicable procedures contained in this chapternew text begin and
sections 253B.07 and 253B.08
new text end apply to commitment proceedings conducted by a judge
on the panel.

Subd. 5.

Financial responsibility.

(a) For purposes of this subdivision, "state
facility" has the meaning given in section 246.50 and also includes a Department of
Corrections facility when the deleted text beginproposed patientdeleted text endnew text begin respondentnew text end is confined in such a facility
pursuant to section deleted text begin253B.045, subdivision 1adeleted text endnew text begin 253D.10, subdivision 2new text end.

(b) Notwithstanding sections 246.54, deleted text begin253B.045deleted text endnew text begin 253D.10new text end, and any other law to the
contrary, when a petition is filed for commitment under this deleted text beginsectiondeleted text endnew text begin chapternew text end 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.

Subd. 7.

Rights of deleted text beginpatientsdeleted text endnew text begin personsnew text end committed under this deleted text beginsectiondeleted text endnew text begin chapternew text end.

(a)
The commissioner deleted text beginor the commissioner's designeedeleted text end may limit the statutory rights described
in paragraph (b) for deleted text beginpatientsdeleted text endnew text begin personsnew text end committed to the Minnesota sex offender program
under this deleted text beginsectiondeleted text endnew text begin chapternew text end or with the commissioner's consent under section 246B.02. The
statutory rights described in paragraph (b) may be limited only as necessary to maintain
a therapeutic environment or the security of the facility or to protect the safety and
well-being of deleted text beginpatientsdeleted text endnew text begin committed personsnew text end, staff, and the public.

(b) The statutory rights that may be limited in accordance with paragraph (a) are
those set forth in section 144.651, subdivision 19, personal privacy; section 144.651,
subdivision 21
, private communications; section 144.651, subdivision 22, retain and use
of personal property; section 144.651, subdivision 25, manage personal financial affairs;
section 144.651, subdivision 26, meet with visitors and participate in groups; section
253B.03, subdivision 2, correspond with others; and section 253B.03, subdivision 3,
receive visitors and make telephone calls. Other statutory rights enumerated by sections
144.651 and 253B.03, or any other law, may be limited as provided in those sections.

Subd. 8.

Petition deleted text beginand reportdeleted text end required.

(a) Within 120 days of receipt of a
preliminary determination from a court under section 609.1351, or a referral from the
commissioner of corrections pursuant to section 244.05, subdivision 7, a county attorney
shall determine whether good cause under deleted text beginthisdeleted text end sectionnew text begin 253D.07new text end 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 deleted text beginsubdivision 1deleted text endnew text begin section 253D.07, subdivision 2,new text end any time the county attorney
determines pursuant to deleted text beginsubdivision 1deleted text endnew text begin section 253D.07new text end that good cause for such a petition
exists.

Subd. 9.

Petition for reduction in custody.

(a) This subdivision applies only
to committed persons as defined in deleted text beginparagraph (b)deleted text endnew text begin section 253D.02, subdivision 4new text end. The
procedures in deleted text beginsubdivision 10deleted text endnew text begin section 253D.14new text end for victim notification and right to submit
a statement apply to petitions filed and reductions in custody recommended under this
subdivision.

(b) deleted text beginAs used in this subdivision:
deleted text end

deleted 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
deleted text end

deleted text begin (2)deleted text endnew text begin For the purposes of this section,new text end "reduction in custody" means transfer out of
a secure treatment facility, a provisional discharge, or a discharge from commitment. A
reduction in custody is considered to be a commitment proceeding under section 8.01.

(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 deleted text beginhead of the treatment
facility
deleted text endnew text begin executive directornew text end and must be filed with and considered by a panel of the special
review board authorized under section 253B.18, subdivision 4c. A committed person may
not petition the special review board any sooner than six months following either:

(1) the entry of judgment in the district court of the order for commitment issued
under section deleted text begin253B.18, subdivision 3deleted text endnew text begin 253D.07, subdivision 5new text end, or upon the exhaustion of
all related appeal rights in state court relating to that order, whichever is later; or

(2) any recommendation of the special review board or order of the judicial appeal
panel, or upon the exhaustion of all appeal rights in state court, whichever is later. The
deleted text beginhead of the treatment facilitydeleted text endnew text begin executive directornew text end may petition at any time. The special
review board proceedings are not contested cases as defined in chapter 14.

(d) The special review board shall hold a hearing on each petition before issuing
a recommendationnew text begin and reportnew text end under deleted text beginparagraph (f)deleted text endnew text begin section 253D.30, subdivision 4new text end.
Fourteen days before the hearing, the committing court, the county attorney of the
county of commitment, the deleted text begindesignated agencydeleted text endnew text begin county attorney of the county of financial
responsibility
new text end, 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 deleted text beginpatientdeleted text endnew text begin committed personnew text end may designate interested
persons to receive notice by providing the names and addresses to the commissioner at
least 21 days before the hearing.

(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,
new text begin andnew text end the deleted text begincase manager, and the commissionerdeleted text endnew text begin county attorney of the county of financial
responsibility
new text end. The special review board must consider any statements received from
victims under deleted text beginsubdivision 10deleted text endnew text begin section 253D.14new text end.

(f) Within 30 days of the hearing, the special review board shall issuenew text begin a report with
new text end written findings of fact and shall recommend denial or approval of the petition to the
judicial appeal panel established under section 253B.19. The commissioner shall forward
the deleted text beginrecommendationdeleted text endnew text begin reportnew text end of the special review board to the judicial appeal panel and
to every person entitled to statutory notice. 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 judicial appeal panel affirming, modifying, or denying the recommendation.

Subd. 10.

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

(a) As used in this deleted text beginsubdivisiondeleted text endnew text begin sectionnew text end:

(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 deleted text beginsection or section
253B.18
deleted text endnew text begin chapternew text end; 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.18, that an act or
acts constituting a crime occurred.

(b) A county attorney who files a petition to commit a person under this deleted text beginsection
deleted text endnew text begin chapternew text end 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 deleted text beginsectiondeleted text endnew text begin chapternew text end from a treatment facility, the deleted text beginhead of the treatment
facility
deleted text endnew text begin executive directornew text end 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 deleted text beginhead
of the treatment facility or designee
deleted text endnew text begin executive directornew text end, or special review board, 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.
Notwithstanding section 611A.06, subdivision 4, the commissioner shall provide the
judicial appeal panel with victim information in order to comply with the provisions of
this section. The judicial appeal panel shall ensure that the data on victims remains private
as provided for in section 611A.06, subdivision 4.

(d) This subdivision applies only to victims who have requested notification through
the Department of Corrections electronic victim notification system, or by contacting, in
writing, the county attorney in the county where the conviction for the crime occurred
or where the civil commitment was filed or, following commitment, the deleted text beginhead of the
treatment facility
deleted text endnew text begin executive directornew text end. A request for notice under this subdivision received
by the commissioner of corrections through the Department of Corrections electronic
victim notification system shall be promptly forwarded to the prosecutorial authority with
jurisdiction over the offense to which the notice relates or, following commitment, the
deleted text beginhead of the treatment facilitydeleted text endnew text begin executive directornew text end. A county attorney who receives a request
for notification under this deleted text beginparagraphdeleted text endnew text begin subdivisionnew text end following commitment shall promptly
forward the request to the commissioner of human services.

(e) Rights under this deleted text beginsubdivisiondeleted text endnew text begin sectionnew text end 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 deleted text beginsubdivision 12 or 13 ordeleted text end section
253B.18, subdivision 4a, 4b, or 5new text begin; 253D.23; or 253D.27new text end.

Subd. 10a.

Scope of community notification.

(a) Notification of the public and
disclosure of information under section 244.052, subdivision 4, regarding an individual
who was committed under this deleted text beginsectiondeleted text endnew text begin chapternew text end 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. The restrictions under
section 244.052, subdivision 4, paragraph (b), clause (3), placed on disclosing information
on individuals living in residential facilities do not apply to persons committed under this
section or Minnesota Statutes 1992, section 526.10. The local law enforcement agency
may proceed with the broadest disclosure authorized under section 244.052, subdivision 4.

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

(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 deleted text beginhead of the treatment facility or
designee
deleted text endnew text begin executive directornew text end may, in deleted text beginthedeleted text endnew text begin that person'snew text end sole discretion deleted text beginof the head or
designee
deleted text end, 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.

(d) The deleted text beginhead of the treatment facilitydeleted text endnew text begin executive directornew text end shall appoint a
multidisciplinary committee to review and make a recommendation on a petition made
under paragraph (b). The deleted text beginhead of the treatment facility or designeedeleted text endnew text begin executive directornew text end 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.

(e) Nothing in this deleted text beginsubdivisiondeleted text endnew text begin sectionnew text end shall be construed to give an individual an
affirmative right to petition the deleted text beginhead of the treatment facilitydeleted text endnew text begin executive directornew text end earlier
than four years after the date of an order for provisional discharge or discharge.

(f) The deleted text beginhead of the treatment facilitydeleted text endnew text begin executive directornew text end 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.

Subd. 11.

Transfer.

(a) A deleted text beginpatientdeleted text endnew text begin personnew text end who is committed as a sexually dangerous
person ornew text begin a person with anew text end sexual psychopathic personality shall not be transferred out
of a secure treatment facility unless deleted text beginit appears to the satisfaction of the judicial appeal
panel, after a hearing and
deleted text end deleted text beginrecommendation by a majority of the special review board,
that
deleted text end the transfer is appropriate. Transfer may be to other treatment programs under the
commissioner's control.

(b) The following factors must be considered in determining whether a transfer
is appropriate:

(1) the person's clinical progress and present treatment needs;

(2) the need for security to accomplish continuing treatment;

(3) the need for continued institutionalization;

(4) which facility can best meet the person's needs; and

(5) whether transfer can be accomplished with a reasonable degree of safety for
the public.

Subd. 11a.

deleted text beginTransfer;deleted text end Voluntary readmission to a secure facility.

(a) After a
deleted text beginpatientdeleted text endnew text begin committed personnew text end has been transferred out of a secure facility pursuant tonew text begin section
253D.29,
new text end subdivision deleted text begin11deleted text endnew text begin 1,new text end and with the consent of the executive director deleted text beginof the Minnesota
sex offender program
deleted text end, a deleted text beginpatientdeleted text endnew text begin committed personnew text end may voluntarily return to a secure
facility deleted text beginoperated by the Minnesota sex offender programdeleted text end for a period of up to 60 days.

(b) If the deleted text beginpatientdeleted text endnew text begin committed personnew text end is not returned to the facility to which the deleted text beginpatient
deleted text endnew text begin personnew text end was originally transferred pursuant tonew text begin section 253D.29,new text end subdivision deleted text begin11deleted text endnew text begin 1,new text end within
60 days of being readmitted to a secure facility, the transfer is revoked and the deleted text beginpatient
deleted text endnew text begin committed personnew text end shall remain in a secure facility. The deleted text beginpatientdeleted text endnew text begin committed personnew text end shall
immediately be notified in writing of the revocation.

(c) Within 15 days of receiving notice of the revocation, the deleted text beginpatientdeleted text endnew text begin committed
person
new text end 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.

(d) If the transfer has not been revoked and the deleted text beginpatientdeleted text endnew text begin committed personnew text end is to be
returned to the facility to which the deleted text beginpatientdeleted text endnew text begin committed personnew text end was originally transferred
pursuant tonew text begin section 253D.29,new text end subdivision deleted text begin11deleted text endnew text begin 1new text end, with no substantive change to the
conditions of the transfer ordered pursuant tonew text begin section 253D.29,new text end subdivision deleted text begin11deleted text endnew text begin 1new text end, no action
by the special review board or judicial appeal panel is required.

Subd. 11b.

deleted text beginTransfer;deleted text end Revocation.

(a) The executive director deleted text beginof the Minnesota sex
offender program or designee
deleted text end may revoke a transfer made pursuant tonew text begin section 253D.29,
new text end subdivision deleted text begin11deleted text endnew text begin 1,new text end and require a deleted text beginpatientdeleted text endnew text begin committed personnew text end to return to a secure treatment
facility if:

(1) remaining in a nonsecure setting will not provide a reasonable degree of safety to
the deleted text beginpatientdeleted text endnew text begin committed personnew text end or others; or

(2) the deleted text beginpatientdeleted text endnew text begin committed personnew text end has regressed in clinical progress so that the facility
to which the deleted text beginpatientdeleted text endnew text begin committed personnew text end was transferred is no longer sufficient to meet the
deleted text beginpatient'sdeleted text endnew text begin committed person'snew text end needs.

(b) Upon the revocation of the transfer, the deleted text beginpatientdeleted text endnew text begin committed personnew text end shall be
immediately returned to a secure treatment facility. A report documenting reasons for
revocation shall be issued by the executive director deleted text beginor designeedeleted text end within seven days after the
deleted text beginpatientdeleted text endnew text begin committed personnew text end is returned to the secure treatment facility. Advance notice to
the deleted text beginpatientdeleted text endnew text begin committed personnew text end of the revocation is not required.

(c) The deleted text beginpatientdeleted text endnew text begin committed personnew text end must be provided a copy of the revocation report
and informed, orally and in writing, of the rights of a deleted text beginpatientdeleted text endnew text begin committed personnew text end under this
deleted text beginsubdivisiondeleted text endnew text begin sectionnew text end. The revocation report shall be served upon the deleted text beginpatientdeleted text endnew text begin committed
person
new text end and the deleted text beginpatient'sdeleted text endnew text begin committed person'snew text end counsel. The report shall outline the specific
reasons for the revocation including, but not limited to, the specific facts upon which
the revocation deleted text beginrecommendationdeleted text end is based.

(d) new text beginIf new text enda deleted text beginpatient whosedeleted text endnew text begin committed person'snew text end transfer is revoked deleted text beginmust successfully
re-petition the special review board and judicial appeal panel prior to being transferred
out of a secure facility
deleted text endnew text begin, the committed person may re-petition for transfer according to
section 253D.27
new text end.

(e) Any deleted text beginpatientdeleted text endnew text begin committed personnew text end 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 innew text begin section
253D.29,
new text end subdivision deleted text begin11deleted text endnew text begin 1new text end, 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.

Subd. 12.

deleted text beginProvisional dischargedeleted text endnew text begin Factorsnew text end.

new text begin(a) new text endA deleted text beginpatientdeleted text endnew text begin personnew text end who is committed
as deleted text begina sexual psychopathic personality or sexually dangerous persondeleted text endnew text begin a sexually dangerous
person or a person with a sexual psychopathic personality
new text end shall not be provisionally
discharged unless deleted text beginit appears to the satisfaction of the judicial appeal panel, after a
deleted text end deleted text beginhearing and a recommendation by a majority of the special review board, thatdeleted text end the deleted text beginpatient
deleted text endnew text begin committed personnew text end is capable of making an acceptable adjustment to open society.

new text begin (b) new text endThe following factors are to be considered in determining whether a provisional
discharge shall be deleted text beginrecommendeddeleted text endnew text begin grantednew text end:

(1) whether the deleted text beginpatient'sdeleted text endnew text begin committed person'snew text end course of treatment and present mental
status indicate there is no longer a need for treatment and supervision in the deleted text beginpatient's
deleted text endnew text begin committed person'snew text end current treatment setting; and

(2) whether the conditions of the provisional discharge plan will provide a reasonable
degree of protection to the public and will enable the deleted text beginpatientdeleted text endnew text begin committed personnew text end to adjust
successfully to the community.

Subd. 13.

deleted text beginProvisional dischargedeleted text end Plan.

A provisional discharge plan shall be
developed, implemented, and monitored by the deleted text beginhead of the treatment facility or designee
deleted text endnew text begin executive directornew text end in conjunction with the deleted text beginpatientdeleted text endnew text begin committed personnew text end and other appropriate
persons. The deleted text beginhead of the treatment facility or designeedeleted text endnew text begin executive directornew text end shall, at least
quarterly, review the plan with the deleted text beginpatientdeleted text endnew text begin committed personnew text end and submit a written report to
the deleted text begindesignated agencydeleted text endnew text begin county attorneys of the county of commitment and the county of
financial responsibility
new text end concerning the deleted text beginpatient'sdeleted text endnew text begin committed person'snew text end status and compliance
with each term of the plan.

Subd. 14.

deleted text beginProvisional discharge;deleted text end Review.

A provisional discharge pursuant to this
deleted text beginsectiondeleted text endnew text begin chapternew text end shall not automatically terminate. A full discharge shall occur only as
provided in deleted text beginsubdivision 18deleted text endnew text begin section 253D.31new text end. The deleted text begincommissioner shall notify the patient
that the
deleted text end terms of a provisional discharge continue unless the deleted text beginpatientdeleted text endnew text begin committed person
new text end requests and is granted a change in the conditions of provisional discharge or unless the
deleted text beginpatientdeleted text endnew text begin committed personnew text end petitions the special review board for a full discharge and the
discharge is granted by the judicial appeal panel.

Subd. 14a.

deleted text beginProvisional discharge;deleted text end Voluntary readmission.

(a) With the consent
of the executive director deleted text beginof the Minnesota sex offender programdeleted text end, a deleted text beginpatientdeleted text endnew text begin committed
person
new text end may voluntarily return to the Minnesota sex offender program from provisional
discharge for a period of up to 60 days.

(b) If the deleted text beginpatientdeleted text endnew text begin committed personnew text end 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 deleted text beginpatientdeleted text endnew text begin committed personnew text end shall immediately be notified of the
revocation in writing. Within 15 days of receiving notice of the revocation, the deleted text beginpatient
deleted text endnew text begin committed personnew text end 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 innew text begin section 253D.30,new text end subdivision deleted text begin15deleted text endnew text begin 5new text end, 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.

(c) If the provisional discharge has not been revoked and the deleted text beginpatientdeleted text endnew text begin committed
person
new text end 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 deleted text beginpatient's
deleted text endnew text begin committed person'snew text end return to the community results in substantive change to the existing
provisional discharge plan.

Subd. 15.

deleted text beginProvisional discharge;deleted text end Revocation.

(a) The deleted text beginhead of the treatment
facility
deleted text endnew text begin executive directornew text end may revoke a provisional discharge if either of the following
grounds exist:

(1) the deleted text beginpatientdeleted text endnew text begin committed personnew text end has departed from the conditions of the provisional
discharge plan; or

(2) the deleted text beginpatientdeleted text endnew text begin committed personnew text end is exhibiting behavior which may be dangerous to
self or others.

(b) The deleted text beginhead of the treatment facilitydeleted text endnew text begin executive directornew text end may revoke the provisional
discharge and, either orally or in writing, order that the deleted text beginpatientdeleted text endnew text begin committed personnew text end be
immediately returned to deleted text beginthedeleted text endnew text begin a Minnesota sex offender programnew text end treatment facility. A report
documenting reasons for revocation shall be issued by the deleted text beginhead of the treatment facility
deleted text endnew text begin executive directornew text end within seven days after the deleted text beginpatientdeleted text endnew text begin committed personnew text end is returned to the
treatment facility. Advance notice to the deleted text beginpatientdeleted text endnew text begin committed personnew text end of the revocation
is not required.

(c) The deleted text beginpatientdeleted text endnew text begin committed personnew text end must be provided a copy of the revocation report
and informed, orally and in writing, of the rights of a deleted text beginpatientdeleted text endnew text begin committed personnew text end under this
section. The revocation report shall be served upon the deleted text beginpatientdeleted text endnew text begin committed personnew text end, the
deleted text beginpatient'sdeleted text endnew text begin committed person'snew text end counsel, and the deleted text begindesignated agencydeleted text endnew text begin county attorneys of the
county of commitment and the county of financial responsibility
new text end. The report shall outline
the specific reasons for the revocation, including but not limited to the specific facts upon
which the revocation deleted text beginrecommendationdeleted text end is based.

(d) An individual who is revoked from provisional discharge must successfully
re-petition the special review board and judicial appeal panel prior to being placed back
on provisional discharge.

Subd. 16.

Return of absent deleted text beginpatientdeleted text endnew text begin personnew text end.

(a) If a deleted text beginpatientdeleted text endnew text begin committed personnew text end is
absent without authorization, including failure to return to the custody of the Minnesota
sex offender program upon the revocation of a provisional discharge, the deleted text beginhead of the
treatment facility or designee
deleted text endnew text begin executive directornew text end shall report the absence to the local law
enforcement agency. The deleted text beginhead of the treatment facilitydeleted text endnew text begin executive directornew text end shall inform the
committing court of the revocation or absence, and the committing court or other district
court shall issue an order for the apprehension and holding of the deleted text beginpatientdeleted text endnew text begin committed
person
new text end by a peace officer in any jurisdiction and transportation of the deleted text beginpatientdeleted text endnew text begin committed
person
new text end to a facility operated by the Minnesota sex offender program or otherwise returned
to the custody of the Minnesota sex offender program.

(b) An employee of the Department of Human Services may apprehend, detain, or
transport an absent deleted text beginpatientdeleted text endnew text begin committed personnew text end at deleted text beginanytimedeleted text endnew text begin any timenew text end. The immunity provided
under section 253B.23, subdivision 4, applies to the apprehension, detention, and transport
of an absent deleted text beginpatientdeleted text endnew text begin committed personnew text end.

(c) Upon receiving either the report or the apprehend and hold order in paragraph
(a), a law enforcement agency shall enter information on the deleted text beginpatientdeleted text endnew text begin committed person
new text end 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.

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

(e) Upon receiving either the report or the apprehend and hold order in paragraph
(a), a deleted text beginpatientdeleted text endnew text begin committed personnew text end 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.

(f) A deleted text beginpatientdeleted text endnew text begin committed personnew text end detained solely under this subdivision may be held in
a jail or lockup only if:

(1) there is no other feasible place of detention for the deleted text beginpatientdeleted text endnew text begin personnew text end;

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

(3) there are protections in place, including segregation of the deleted text beginpatientdeleted text endnew text begin personnew text end, to
ensure the safety of the deleted text beginpatientdeleted text endnew text begin personnew text end.

These limitations do not apply to a deleted text beginpatientdeleted text endnew text begin committed personnew text end being held for criminal
prosecution, including for violation of section 609.485.

(g) If a deleted text beginpatientdeleted text endnew text begin committed personnew text end is detained under this deleted text beginsubdivisiondeleted text endnew text begin sectionnew text end, the
Minnesota sex offender program shall arrange to pick up the deleted text beginpatientdeleted text endnew text begin personnew text end within 24 hours
of the time detention was begun and shall be responsible for securing transportation for the
deleted text beginpatientdeleted text endnew text begin personnew text end to a facility operated by the Minnesota sex offender program, as determined
by deleted text beginitsdeleted text endnew text begin thenew text end executive director. The expense of detaining and transporting a deleted text beginpatient
deleted text endnew text begin committed personnew text end shall be the responsibility of the Minnesota sex offender program.

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

Subd. 17.

Appeal.

Any deleted text beginpatientdeleted text endnew text begin committed personnew text end aggrieved by a revocation
decision or any interested person 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 shall
recommend to the judicial appeal panel whether or not the revocation shall be upheld.
The special review board may also recommend a new provisional discharge at the time
of the revocation hearing.

Subd. 18.

Discharge.

A deleted text beginpatientdeleted text endnew text begin personnew text end who is committed as a deleted text beginsexual psychopathic
deleted text end deleted text beginpersonality or sexually dangerous persondeleted text endnew text begin sexually dangerous person or a person with a
sexual psychopathic personality
new text end shall not be discharged unless it appears to the satisfaction
of the judicial appeal panel, after a hearing and recommendation by a majority of the
special review board, that the deleted text beginpatientdeleted text endnew text begin committed personnew text end is capable of making an acceptable
adjustment to open society, is no longer dangerous to the public, and is no longer in
need of inpatient treatment and supervision.

In determining whether a discharge shall be recommended, the special review board
and judicial appeal panel shall consider whether specific conditions exist to provide a
reasonable degree of protection to the public and to assist the deleted text beginpatientdeleted text endnew text begin committed person
new text end in adjusting to the community. If the desired conditions do not exist, the discharge shall
not be granted.

Subd. 19.

Aftercare services.

new text begin(a) new text endThe Minnesota sex offender program shall provide
the supervision, aftercare, and case management services for a person under commitment
as deleted text beginsexual psychopathicdeleted text end deleted text beginpersonalities and sexually dangerous persons discharged after July
1, 1999
deleted text endnew text begin a sexually dangerous person or a person with a sexual psychopathic personalitynew text end.
The designated agencynew text begin, as defined in section 253B.02, subdivision 5,new text end shall assist with
deleted text beginclientdeleted text end eligibility for public welfare benefits and will provide those services that are
deleted text begincurrentlydeleted text end available exclusively through county government.

new text begin (b) new text endPrior to the date of discharge or provisional discharge of any deleted text beginpatientdeleted text endnew text begin person
new text end committed as a deleted text beginsexual psychopathic personality or sexually dangerous persondeleted text endnew text begin sexually
dangerous person or a person with a sexual psychopathic personality
new text end, the deleted text beginhead of the
treatment facility or designee
deleted text endnew text begin executive directornew text end shall establish a continuing plan of
aftercare services for the deleted text beginpatientdeleted text endnew text begin committed personnew text end, including a plan for medical and
behavioral health services, financial sustainability, housing, social supports, or other
assistance the deleted text beginpatientdeleted text endnew text begin committed personnew text end needs. The Minnesota sex offender program shall
provide case management services and shall assist the deleted text beginpatientdeleted text endnew text begin committed personnew text end in finding
employment, suitable shelter, and adequate medical and behavioral health services and
otherwise assist in the deleted text beginpatient'sdeleted text endnew text begin committed person'snew text end readjustment to the community.

Sec. 8.

Minnesota Statutes 2012, 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) deleted text beginA 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.
deleted text end

deleted text begin (c)deleted text end For an appeal under paragraph (a) deleted text beginor (b)deleted text end, 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.

deleted text begin (d)deleted text endnew text begin (c)new text end 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 and shall, except when the patient is committed solely as mentally ill and
dangerous, 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, deleted text beginor 253B.185, subdivision
11
,
deleted text end must establish by a preponderance of the evidence that the transfer is appropriate.

Sec. 9.

new text begin [253D.01] CITATION.
new text end

new text begin This chapter may be cited as the "Minnesota Commitment and Treatment Act:
Sexually Dangerous Persons and Sexual Psychopathic Personalities."
new text end

Sec. 10.

new text begin [253D.02] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For the purposes of this chapter, the terms defined in this
section have the meanings given them.
new text end

new text begin Subd. 2. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of human
services or the commissioner's designee.
new text end

new text begin Subd. 3. new text end

new text begin Committed person. new text end

new text begin "Committed person" means an individual committed
under this chapter, or under this chapter and under section 253B.18. It includes individuals
described in section 246B.01, subdivision 1a, and any person committed as a sexually
dangerous person, a person with a psychopathic personality, or a person with a sexual
psychopathic personality under any previous statute including section 526.10 or chapter
253B.
new text end

new text begin Subd. 4. new text end

new text begin Committing court. new text end

new text begin "Committing court" means the district court where
a petition for commitment was decided.
new text end

new text begin Subd. 5. new text end

new text begin Examiner. new text end

new text begin "Examiner" has the meaning given in section 253B.02,
subdivision 7.
new text end

new text begin Subd. 6. new text end

new text begin Executive director. new text end

new text begin "Executive director" has the meaning given in section
246B.01, subdivision 2c.
new text end

new text begin Subd. 7. new text end

new text begin Interested person. new text end

new text begin "Interested person" has the meaning given in section
253B.02, subdivision 10.
new text end

new text begin Subd. 8. new text end

new text begin Peace officer. new text end

new text begin "Peace officer" has the meaning given in section 253B.02,
subdivision 16.
new text end

new text begin Subd. 9. new text end

new text begin Respondent. new text end

new text begin "Respondent" means an individual who is the subject
of a petition for commitment as a sexually dangerous person or a person with a sexual
psychopathic personality.
new text end

new text begin Subd. 10. new text end

new text begin Secure treatment facility. new text end

new text begin "Secure treatment facility" means the
Minnesota sex offender program facility in Moose Lake and any portion of the Minnesota
sex offender program operated by the Minnesota sex offender program at the Minnesota
Security Hospital, but does not include services or programs administered by the
Minnesota sex offender program outside a secure environment.
new text end

Sec. 11.

new text begin [253D.03] GENERAL PROVISIONS.
new text end

new text begin The provisions of section 253B.23 apply to commitments under this chapter except
where inconsistent with this chapter.
new text end

Sec. 12.

new text begin [253D.04] REVIEW BOARD.
new text end

new text begin The commissioner shall establish a review board under section 253B.22 for facilities
of the Minnesota sex offender program.
new text end

Sec. 13.

new text begin [253D.13] PROCEDURES UPON COMMITMENT.
new text end

new text begin Upon commitment under this chapter, admission procedures shall be carried out
under section 253B.10.
new text end

Sec. 14.

new text begin [253D.17] RIGHTS OF COMMITTED PERSONS; GENERALLY.
new text end

new text begin Persons committed under this chapter have the rights described in section 253B.03,
except as limited under section 253D.19.
new text end

Sec. 15.

new text begin [253D.20] RIGHT TO COUNSEL.
new text end

new text begin A committed person has the right to be represented by counsel at any proceeding
under this chapter. The court shall appoint a qualified attorney 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:
new text end

new text begin (1) consult with the person prior to any hearing;
new text end

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

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

new text begin (4) be a vigorous advocate on behalf of the person.
new text end

Sec. 16.

new text begin [253D.21] NEUROLEPTIC MEDICATION.
new text end

new text begin Neuroleptic medications may be administered to a person committed under this
chapter only as provided in section 253B.092.
new text end

Sec. 17.

new text begin [253D.23] PASSES.
new text end

new text begin A committed person may be released on a pass only as provided by section 253B.18,
subdivisions 4a and 4b.
new text end

Sec. 18.

new text begin [253D.28] JUDICIAL APPEAL PANEL.
new text end

new text begin Subdivision 1. new text end

new text begin Rehearing and reconsideration. new text end

new text begin (a) A person committed as a
sexually dangerous person or a person with a sexual psychopathic personality under
section 253B.185, or committed as both mentally ill and dangerous to the public under
section 253B.18 and as a sexually dangerous person or a person with a sexual psychopathic
personality under this chapter; 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 established under section 253B.19, subdivision 1, for a rehearing and
reconsideration of a recommendation of the special review board under section 253D.27.
new text end

new text begin (b) The petition must be filed with the Supreme Court within 30 days after
the recommendation is mailed by the commissioner as required in section 253D.27,
subdivision 4. 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) 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 section.
new text end

new text begin Subd. 2. new text end

new text begin Procedure. new text end

new text begin (a) The Supreme Court shall refer a petition for rehearing and
reconsideration to the chief judge of the judicial appeal panel. The chief judge shall notify
the committed person, the county attorneys of the county of commitment and county of
financial responsibility, the commissioner, the executive director, 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.
new text end

new text begin (b) Any person may oppose the petition. The committed person, the committed
person's counsel, the county attorneys of the committing county and county of financial
responsibility, and the commissioner shall participate as parties to the proceeding pending
before the judicial appeal panel and shall, 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.
new text end

new text begin (c) 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 committed person, the committed person'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.
new text end

new text begin (d) 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.
new text end

new text begin (e) A party seeking transfer under section 253D.29 must establish by a preponderance
of the evidence that the transfer is appropriate.
new text end

new text begin Subd. 3. new text end

new text begin Decision. new text end

new text begin A majority of the judicial appeal panel shall rule upon the
petition. The panel shall consider the petition de novo. No order of the judicial appeal
panel granting a transfer, discharge, or provisional discharge shall be made effective
sooner than 15 days after it is issued. The panel may not consider petitions for relief
other than those considered by the special review board from which the appeal is taken.
The judicial appeal panel may not grant a transfer or provisional discharge on terms or
conditions that were not presented to the special review board.
new text end

new text begin Subd. 4. new text end

new text begin Appeal. new text end

new text begin A party aggrieved by an order of the appeal panel may appeal that
order as provided under section 253B.19, subdivision 5.
new text end

Sec. 19.

new text begin [253D.36] DISCHARGE; ADMINISTRATIVE PROCEDURES.
new text end

new text begin Upon discharge from commitment under this chapter, administrative procedures
shall be carried out, to the extent applicable, under section 253B.20.
new text end

Sec. 20. new text beginCOURT RULES.
new text end

new text begin Nothing in this act shall be construed to change the application of the Special Rules of
Procedure Governing Proceedings under the Minnesota Commitment and Treatment Act.
new text end

Sec. 21. new text beginCONSTRUCTION.
new text end

new text begin Nothing in this act shall be construed to create grounds for relief or a cause of
action for persons previously committed under Minnesota Statutes, chapter 253B, or its
predecessors. Nothing in this act shall be construed to make any substantive change in
the provisions of chapter 253B relating to the treatment, commitment, and procedures
applicable to a chemically dependent person, person who is mentally ill, person who is
developmentally disabled, or person who is mentally ill and dangerous to the public.
new text end

Sec. 22. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin (a) The revisor of statutes shall renumber each section of Minnesota Statutes listed
in column A with the number listed in column B. The revisor shall also make necessary
cross-reference changes in Minnesota Statutes and Minnesota Rules consistent with the
renumbering.
new text end

new text begin Column A
new text end
new text begin Column B
new text end
new text begin 253B.02, subd. 7a
new text end
new text begin 253D.02, subd. 7
new text end
new text begin 253B.02, subd. 18b
new text end
new text begin 253D.02, subd. 11
new text end
new text begin 253B.02, subd. 18c
new text end
new text begin 253D.02, subd. 12
new text end
new text begin 253B.02, subd. 24
new text end
new text begin 253D.02, subd. 2
new text end
new text begin 253B.02, subd. 25
new text end
new text begin 253D.02, subd. 8
new text end
new text begin 253B.02, subd. 26
new text end
new text begin 253D.02, subd. 10
new text end
new text begin 253B.03, subd. 1a
new text end
new text begin 253D.18
new text end
new text begin 253B.045, subd. 1a
new text end
new text begin 253D.10, subd. 2
new text end
new text begin 253B.185, subd. 1, paragraph (a)
new text end
new text begin 253D.07, subd. 1
new text end
new text begin 253B.185, subd. 1, paragraph (b)
new text end
new text begin 253D.07, subd. 2
new text end
new text begin 253B.185, subd. 1, paragraph (c)
new text end
new text begin 253D.07, subd. 3
new text end
new text begin 253B.185, subd. 1, paragraph (d)
new text end
new text begin 253D.07, subd. 4
new text end
new text begin 253B.185, subd. 1a
new text end
new text begin 253D.10, subd. 1
new text end
new text begin 253B.185, subd. 1b
new text end
new text begin 253D.08
new text end
new text begin 253B.185, subd. 2
new text end
new text begin 253D.22
new text end
new text begin 253B.185, subd. 3
new text end
new text begin 253D.07, subd. 5
new text end
new text begin 253B.185, subd. 4, paragraph (a)
new text end
new text begin 253D.11, subd. 1
new text end
new text begin 253B.185, subd. 4, paragraph (b)
new text end
new text begin 253D.11, subd. 2
new text end
new text begin 253B.185, subd. 5, paragraph (a)
new text end
new text begin 253D.12, subd. 1
new text end
new text begin 253B.185, subd. 5, paragraph (b)
new text end
new text begin 253D.12, subd. 2
new text end
new text begin 253B.185, subd. 5, paragraph (c)
new text end
new text begin 253D.12, subd. 3
new text end
new text begin 253B.185, subd. 5, paragraph (d)
new text end
new text begin 253D.12, subd. 4
new text end
new text begin 253B.185, subd. 7, paragraph (a)
new text end
new text begin 253D.19, subd. 1
new text end
new text begin 253B.185, subd. 7, paragraph (b)
new text end
new text begin 253D.19, subd. 2
new text end
new text begin 253B.185, subd. 8
new text end
new text begin 253D.09
new text end
new text begin 253B.185, subd. 9, paragraph (a)
new text end
new text begin 253D.27, subd. 1, paragraph (a)
new text end
new text begin 253B.185, subd. 9, paragraph (b)
new text end
new text begin 253D.27, subd. 1, paragraph (b)
new text end
new text begin 253B.185, subd. 9, paragraph (c)
new text end
new text begin 253D.27, subd. 2
new text end
new text begin 253B.185, subd. 9, paragraph (d)
new text end
new text begin 253D.27, subd. 3, paragraph (a)
new text end
new text begin 253B.185, subd. 9, paragraph (e)
new text end
new text begin 253D.27, subd. 3, paragraph (b)
new text end
new text begin 253B.185, subd. 9, paragraph (f)
new text end
new text begin 253D.27, subd. 4
new text end
new text begin 253B.185, subd. 10, paragraph (a)
new text end
new text begin 253D.14, subd. 1
new text end
new text begin 253B.185, subd. 10, paragraph (b)
new text end
new text begin 253D.14, subd. 2
new text end
new text begin 253B.185, subd. 10, paragraph (c)
new text end
new text begin 253D.14, subd. 3
new text end
new text begin 253B.185, subd. 10, paragraph (d)
new text end
new text begin 253D.14, subd. 4
new text end
new text begin 253B.185, subd. 10, paragraph (e)
new text end
new text begin 253D.14, subd. 5
new text end
new text begin 253B.185, subd. 10a, paragraph (a)
new text end
new text begin 253D.32, subd. 1
new text end
new text begin 253B.185, subd. 10a, paragraph (b)
new text end
new text begin 253D.32, subd. 2, paragraph (a)
new text end
new text begin 253B.185, subd. 10a, paragraph (c)
new text end
new text begin 253D.32, subd. 2, paragraph (b)
new text end
new text begin 253B.185, subd. 10a, paragraph (d)
new text end
new text begin 253D.32, subd. 2, paragraph (c)
new text end
new text begin 253B.185, subd. 10a, paragraph (e)
new text end
new text begin 253D.32, subd. 2, paragraph (d)
new text end
new text begin 253B.185, subd. 10a, paragraph (f)
new text end
new text begin 253D.32, subd. 3
new text end
new text begin 253B.185, subd. 11
new text end
new text begin 253D.29, subd. 1
new text end
new text begin 253B.185, subd. 11a
new text end
new text begin 253D.29, subd. 2
new text end
new text begin 253B.185, subd. 11b
new text end
new text begin 253D.29, subd. 3
new text end
new text begin 253B.185, subd. 12
new text end
new text begin 253D.30, subd. 1
new text end
new text begin 253B.185, subd. 13
new text end
new text begin 253D.30, subd. 2
new text end
new text begin 253B.185, subd. 14
new text end
new text begin 253D.30, subd. 3
new text end
new text begin 253B.185, subd. 14a
new text end
new text begin 253D.30, subd. 4
new text end
new text begin 253B.185, subd. 15
new text end
new text begin 253D.30, subd. 5
new text end
new text begin 253B.185, subd. 16, paragraph (a)
new text end
new text begin 253D.24, subd. 1
new text end
new text begin 253B.185, subd. 16, paragraph (b)
new text end
new text begin 253D.24, subd. 2
new text end
new text begin 253B.185, subd. 16, paragraph (c)
new text end
new text begin 253D.24, subd. 3
new text end
new text begin 253B.185, subd. 16, paragraph (d)
new text end
new text begin 253D.24, subd. 4
new text end
new text begin 253B.185, subd. 16, paragraph (e)
new text end
new text begin 253D.24, subd. 5
new text end
new text begin 253B.185, subd. 16, paragraph (f)
new text end
new text begin 253D.24, subd. 6
new text end
new text begin 253B.185, subd. 16, paragraph (g)
new text end
new text begin 253D.24, subd. 7
new text end
new text begin 253B.185, subd. 16, paragraph (h)
new text end
new text begin 253D.24, subd. 8
new text end
new text begin 253B.185, subd. 17
new text end
new text begin 253D.30, subd. 6
new text end
new text begin 253B.185, subd. 18
new text end
new text begin 253D.31
new text end
new text begin 253B.185, subd. 19, paragraph (a)
new text end
new text begin 253D.35, subd. 1
new text end
new text begin 253B.185, subd. 19, paragraph (b)
new text end
new text begin 253D.35, subd. 2
new text end
new text begin 253D.02, subd. 2
new text end
new text begin 253D.02, subd. 3
new text end
new text begin 253D.02, subd. 3
new text end
new text begin 253D.02, subd. 4
new text end
new text begin 253D.02, subd. 4
new text end
new text begin 253D.02, subd. 5
new text end
new text begin 253D.02, subd. 5
new text end
new text begin 253D.02, subd. 6
new text end
new text begin 253D.02, subd. 6
new text end
new text begin 253D.02, subd. 9
new text end

new text begin (b) The revisor of statutes, in consultation with the Minnesota sex offender program
in the Department of Human Services, shall make necessary language changes to clarify
and conform statutory provisions relating to the Minnesota sex offender program in
Minnesota Statutes with this act.
new text end