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    Subdivision 1. Sex offender treatment. A sex offender treatment system is established
under the administration of the commissioner of corrections to provide and finance a range of
sex offender treatment programs for eligible adults and juveniles. Offenders who are eligible to
receive treatment, within the limits of available funding, are:
(1) adults and juveniles committed to the custody of the commissioner;
(2) adult offenders for whom treatment is required by the court as a condition of probation;
(3) juvenile offenders who have been found delinquent or received a stay of adjudication, for
whom the juvenile court has ordered treatment.
    Subd. 2. Treatment program standards. (a) The commissioner shall adopt rules under
chapter 14 for the certification of adult and juvenile sex offender treatment programs in state and
local correctional facilities and state-operated adult and juvenile sex offender treatment programs
not operated in state or local correctional facilities. The rules shall require that sex offender
treatment programs be at least four months in duration. A correctional facility may not operate a
sex offender treatment program unless the program has met the standards adopted by and been
certified by the commissioner of corrections. As used in this subdivision, "correctional facility"
has the meaning given it in section 241.021, subdivision 1, paragraph (f).
(b) In addition to other certification requirements established under paragraph (a), the
commissioner must require all programs certified under this subdivision to participate in the sex
offender program evaluation project established by the commissioner under section 241.67,
subdivision 8
    Subd. 3. Programs for adult offenders committed to the commissioner. (a) The
commissioner shall provide for a range of sex offender programs, including intensive sex
offender programs, within the state adult correctional facility system. Participation in any
program is subject to the rules and regulations of the Department of Corrections. Nothing in this
section requires the commissioner to accept or retain an offender in a program if the offender
is determined by prison professionals as unamenable to programming within the prison system
or if the offender refuses or fails to comply with the program's requirements. Nothing in this
section creates a right of an offender to treatment.
(b) The commissioner shall develop a plan to provide for residential and outpatient sex
offender programming and aftercare when required for conditional release under section 609.3455,
subdivision 3a,
or as a condition of supervised release. The plan may include co-payments from
the offender, third-party payers, local agencies, or other funding sources as they are identified.
    Subd. 4. Programs for juvenile offenders committed to the commissioner. The
commissioner shall provide for sex offender treatment programs for juveniles committed to the
commissioner by the courts under section 260B.198, as provided under section 242.195.
    Subd. 5.[Repealed, 1993 c 326 art 8 s 17]
    Subd. 6. Specialized corrections agents and probation officers; sex offender supervision.
The commissioner of corrections shall develop in-service training for state and local corrections
agents and probation officers who supervise adult and juvenile sex offenders on probation
or supervised release. The commissioner shall make the training available to all current and
future corrections agents and probation officers who supervise or will supervise sex offenders
on probation or supervised release.
A state or local corrections agent or probation officer may not supervise adult or juvenile
sex offenders on probation or supervised release unless the agent or officer has completed the
in-service sex offender supervision training. The commissioner may waive this requirement if the
corrections agent or probation officer has completed equivalent training as part of a postsecondary
educational curriculum.
When an adult sex offender is placed on supervised release or is sentenced to probationary
supervision, and when a juvenile offender is found delinquent by the juvenile court for a sex
offense and placed on probation or is paroled from a juvenile correctional facility, a corrections
agent or probation officer may not be assigned to the offender unless the agent or officer has
completed the in-service sex offender supervision training.
    Subd. 7. Funding priority; program effectiveness. (a) Unless otherwise directed by the
terms of a particular appropriations provision, the commissioner shall give priority to the funding
of juvenile sex offender programs over the funding of adult sex offender programs.
(b) Every county or private sex offender program shall provide the commissioner with any
information relating to the program's effectiveness that the commissioner considers necessary.
The commissioner shall deny state funding or reimbursement to any county or private program
that fails to provide this information or that appears to be an ineffective program.
    Subd. 8. Community-based sex offender program evaluation. (a) For the purposes of
this subdivision, a sex offender is an adult who has been convicted, or a juvenile who has been
adjudicated, for a sex offense or a sex-related offense which would require registration under
section 243.166.
(b) The commissioner shall:
(1) collect follow-up information on each sex offender for a period of three years following
the offender's completion of or termination from treatment for the purpose of providing periodic
reports to the legislature;
(2) provide treatment programs in several geographical areas in the state;
(3) provide the necessary data to form the basis to recommend a fiscally sound plan to
provide a coordinated statewide system of effective sex offender treatment programming; and
(4) provide an opportunity to local and regional governments, agencies, and programs to
establish models of sex offender programs that are suited to the needs of that region.
(c) The commissioner shall establish an advisory task force consisting of county probation
officers from Community Corrections Act counties and other counties, court services providers,
and other interested officials. The commissioner shall consult with the task force on how best to
implement the requirements of this subdivision.
    Subd. 9. Information on sex offender treatment. (a) All sex offender treatment facilities
that provide treatment to sex offenders who begin treatment as a condition of probation shall
provide the commissioner relevant information on the treatment of those offenders as the
commissioner requests for the purpose of this evaluation. The information disclosed to the
commissioner shall only be reported in aggregate and that information must not be used to
designate additional sanctions for any individual offender.
(b) All county corrections agencies or court services officers shall provide the commissioner
information as requested regarding juveniles and adults as defined in subdivision 8, paragraph (a),
for the purpose of completing the requirements of subdivision 8.
History: 1989 c 290 art 4 s 1; 1989 c 356 s 54; 1992 c 571 art 1 s 1,2; art 8 s 1-3; 1993 c
326 art 8 s 5-7; 1998 c 367 art 6 s 15; 1998 c 396 s 1,2; 1999 c 139 art 4 s 2; 2001 c 210 s 9;
2005 c 136 art 3 s 4-6; 2006 c 260 art 1 s 47

Official Publication of the State of Minnesota
Revisor of Statutes