Minnesota Session Laws - 2002, Regular Session

                            CHAPTER 273-S.F.No. 3167 
                  An act relating to corrections; providing access to 
                  data for purposes of the commissioner's preliminary 
                  determination whether a petition of civil commitment 
                  as a sexual psychopathic personality or sexually 
                  dangerous person is appropriate; amending Minnesota 
                  Statutes 2000, section 244.05, subdivision 7. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, section 244.05, 
        subdivision 7, is amended to read: 
           Subd. 7.  [SEX OFFENDERS; CIVIL COMMITMENT DETERMINATION.] 
        (a) Before the commissioner releases from prison any inmate 
        convicted under sections 609.342 to 609.345 or sentenced as a 
        patterned offender under section 609.108, and determined by the 
        commissioner to be in a high risk category, the commissioner 
        shall make a preliminary determination whether, in the 
        commissioner's opinion, a petition under section 253B.185 may be 
        appropriate.  
           (b) In making this decision, the commissioner shall have 
        access to the following data only for the purposes of the 
        assessment and referral decision: 
           (1) private medical data under section 13.384 or 144.335, 
        or welfare data under section 13.46 that relate to medical 
        treatment of the offender; 
           (2) private and confidential court services data under 
        section 13.84; 
           (3) private and confidential corrections data under section 
        13.85; and 
           (4) private criminal history data under section 13.87. 
           (c) If the commissioner determines that a petition may be 
        appropriate, the commissioner shall forward this determination, 
        along with a summary of the reasons for the determination, to 
        the county attorney in the county where the inmate was convicted 
        no later than 12 months before the inmate's release date.  If 
        the inmate is received for incarceration with fewer than 12 
        months remaining in the inmate's term of imprisonment, or if the 
        commissioner receives additional information less than 12 months 
        before release which makes the inmate's case appropriate for 
        referral, the commissioner shall forward the determination as 
        soon as is practicable.  Upon receiving the commissioner's 
        preliminary determination, the county attorney shall proceed in 
        the manner provided in section 253B.185.  The commissioner shall 
        release to the county attorney all requested documentation 
        maintained by the department. 
           Presented to the governor March 22, 2002 
           Signed by the governor March 25, 2002, 2:20 p.m.