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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 359-S.F.No. 2858 
                  An act relating to human services and corrections; 
                  transfer to correctional facility; requiring a report; 
                  amending Minnesota Statutes 1998, section 253B.185, 
                  subdivision 2.  
           Section 1.  Minnesota Statutes 1998, section 253B.185, 
        subdivision 2, is amended to read: 
           Subd. 2.  [TRANSFER TO CORRECTIONAL FACILITY.] (a) If a 
        person has been committed under this section 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, 609.108, subdivision 
        6, or 609.109, subdivision 7, the person may shall be 
        transferred from a hospital to another a facility designated by 
        the commissioner of corrections as without regard to the 
        procedures provided in section 253B.18;. except that the 
        special review board and the commissioner of human services may 
        consider the following factors in lieu of the factors listed in 
        section 253B.18, subdivision 6, to determine whether a transfer 
        to the commissioner of corrections is appropriate: 
           (1) the person's unamenability to treatment; 
           (2) the person's unwillingness or failure to follow 
        treatment recommendations; 
           (3) the person's lack of progress in treatment at the 
        public or private hospital; 
           (4) the danger posed by the person to other patients or 
        staff at the public or private hospital; and 
           (5) the degree of security necessary to protect the public. 
           (b) If a person is committed under this section 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 regional center 
        treatment program designated by the commissioner of human 
           Subdivision 1.  [REPORT REQUIRED.] By December 15, 2000, 
        the commissioner of corrections, in consultation with the 
        commissioner of human services, the attorney general, the chief 
        justice of the supreme court, and the sentencing guidelines 
        commission, shall report to the chairs and ranking minority 
        members of the legislative committees and divisions having 
        jurisdiction over criminal justice policy and funding as 
        required by this section.  Recommendations requiring legislative 
        action must include draft language and preliminary fiscal notes. 
        OVERSIGHT.] The report must include a plan for the establishment 
        of a sex offender policy and management oversight group to 
        monitor, review, and evaluate all aspects of the state's system 
        of responding to sexual offenses; identify system problems and 
        develop solutions; provide research and analysis for state and 
        local policymakers and criminal justice and corrections 
        agencies; and recommend policies and best practices that will 
        reduce sexual victimization and improve public safety in the 
        most cost-effective manner possible.  
           The commissioner of corrections shall explore alternative 
        models for the oversight group and recommend a structure that 
        will provide for systemwide collaboration; inclusion of experts 
        in the assessment, sentencing, management, and treatment of sex 
        offenders; adequate staff resources to accomplish long-range 
        oversight of a complex system; and effective support for policy 
        WORK GROUP.] The report must include the results and future work 
        plan of the joint department of corrections and human services 
        collaborative work group. 
        OFFENDERS.] The report must include an analysis of the cases of: 
        (1) the individuals currently civilly committed under Minnesota 
        Statutes, section 253B.185, as persons with sexual psychopathic 
        personalities or sexually dangerous persons; and (2) those 
        individuals referred by the department of corrections to county 
        attorneys for possible civil commitment, but who were not 
        committed.  The analysis must include: 
           (i) the criminal sentences received by the individuals in 
        both groups and to the extent possible, why individuals did not 
        receive criminal sentences under Minnesota Statutes, sections 
        609.108 (mandatory increased sentences for certain patterned and 
        predatory sex offenders) and 609.109 (presumptive and mandatory 
        sentences for repeat sex offenders); 
           (ii) factors accounting for whether persons referred by the 
        department of corrections were or were not civilly committed; 
           (iii) the supervision options being used for those 
        individuals referred but not committed and, if possible, their 
        outcomes, including recidivism.  
           Subd. 5.  [SEX OFFENDER SENTENCING PRACTICES.] The report 
        must include an analysis by the sentencing guidelines commission 
        of sex offender sentencing practices over the last decade; 
        implementation of sentencing authority and sentencing mandates 
        under Minnesota Statutes, sections 609.108 and 609.109, 
        including, to the extent possible, the factors involved in cases 
        in which these laws could have been but were not applied; and 
        recommendations, if any, to improve implementation of these laws.
           Sec. 3.  [EFFECTIVE DATE.] 
           Sections 1 and 2 are effective the day after final 
           Presented to the governor April 7, 2000 
           Signed by the governor April 11, 2000, 10:32 a.m.