2004 Minnesota Statutes

CHAPTER 246B. Minnesota sex offender program

     246B.01 Minnesota sex offender program; definitions. 

    Subdivision 1.    Applicability.  The definitions in 
 this section apply to this chapter. 

    Subd. 2.    Commissioner.  "Commissioner" means the 
 commissioner of human services or the commissioner's designee. 

    Subd. 3.    Sexual psychopathic personality.  "Sexual 
 psychopathic personality" has the meaning given in section 
 253B.02, subdivision 18b. 

    Subd. 4.    Sexually dangerous person.  "Sexually 
 dangerous person" has the meaning given in section 253B.02, 
 subdivision 18c. 

    HIST: 1Sp1993 c 1 art 7 s 27; 1Sp1994 c 1 art 2 s 25; 1997 c 
 217 art 1 s 3,4 

     246B.02 Establishment of Minnesota sex offender program. 

    The commissioner of human services shall establish and 
 maintain a secure facility located in Moose Lake.  The facility 
 shall be operated by the Minnesota sex offender program.  The 
 program shall provide care and treatment in secure treatment 
 facilities to persons committed by the courts as sexual 
 psychopathic personalities or sexually dangerous persons, or 
 persons admitted there with the consent of the commissioner of 
 human services. 

    HIST: 1Sp1993 c 1 art 7 s 28; 1Sp1994 c 1 art 2 s 26; 1Sp2003 
 c 14 art 6 s 34 

     246B.03 Licensure. 

    The commissioner of human services shall apply to the 
 commissioner of health to license the secure treatment 
 facilities operated by the Minnesota sex offender program as 
 supervised living facilities with applicable program licensing 
 standards. 

    HIST: 1Sp1993 c 1 art 7 s 29; 1Sp1994 c 1 art 2 s 27; 1Sp2003 
 c 14 art 6 s 35 

     246B.04 Rules; evaluation. 

    Subdivision 1.    Program rules and evaluation.  The 
 commissioner of human services shall adopt rules to govern the 
 operation, maintenance, and licensure of secure treatment 
 facilities operated by the Minnesota sex offender program or at 
 any other facility operated by the commissioner, for a person 
 committed as a sexual psychopathic personality or a sexually 
 dangerous person.  The commissioner shall establish an 
 evaluation process to measure outcomes and behavioral changes as 
 a result of treatment compared with incarceration without 
 treatment, to determine the value, if any, of treatment in 
 protecting the public. 

    Subd. 2.    Ban on obscene material or pornographic work. 
  The commissioner shall prohibit persons civilly committed as 
 sexual psychopathic personalities or sexually dangerous persons 
 under sections 246.43 and 253B.185 from having or receiving 
 material that is obscene as defined under section 617.241, 
 subdivision 1, material that depicts sexual conduct as defined 
 under section 617.241, subdivision 1, or pornographic work as 
 defined under section 617.246, subdivision 1, while receiving 
 services in any secure treatment facilities operated by the 
 Minnesota sex offender program or any other facilities operated 
 by the commissioner. 

    HIST: 1Sp1993 c 1 art 7 s 30; 1994 c 529 s 3; 1Sp1994 c 1 art 
 2 s 28; 1Sp2003 c 14 art 6 s 36; 2004 c 134 s 2 

     246B.05 Minnesota sex offender program; productive day 
  program. 

    Subdivision 1.    Employment option.  The commissioner 
 of human services, in consultation with the commissioner of 
 corrections, shall develop an employment option for persons 
 committed to a sexual psychopathic personality treatment center 
 in order for patients to contribute to their cost of care.  The 
 employment may include work maintaining the center or work that 
 is brought to the center by an outside source.  The earnings 
 generated must be deposited into the account created in 
 subdivision 2 and divided between the participating patient and 
 the center, in an effort to reduce state costs. 

    Subd. 2.    Minnesota sex offender program; productive day 
 program account.  A productive day program account is created 
 in the state treasury.  Money collected by the commissioner of 
 human services for the program under this section must be 
 deposited in this account.  Money in the account is appropriated 
 to the commissioner for purposes of this section. 

    Subd. 3.    Money.  The commissioner has the authority 
 to collect money resulting from the productive day program, and 
 retain 50 percent to reimburse the state for the cost of 
 administering the work program and for the purpose of reducing 
 state costs associated with the Minnesota Sex Offender Program 
 and return 50 percent of the earnings to the patient. 

    HIST: 2004 c 288 art 3 s 12