1999 Minnesota Statutes

     253B.185 Procedures for commitment of persons with 
  sexual psychopathic personalities and sexually dangerous persons.

    Subdivision 1.    General.  Except as otherwise provided 
 in this section, the provisions of this chapter pertaining to 
 persons 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.  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 committing court of the county in 
 which the patient has a settlement or is present.  If the 
 patient 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.  Upon the filing 
 of a petition alleging that a proposed patient is a sexually 
 dangerous person or is a person with a sexual psychopathic 
 personality, the court shall hear the petition as provided in 
 section 253B.18.  In commitments under this section, the court 
 shall commit the patient to a secure treatment facility unless 
 the patient establishes by clear and convincing evidence that a 
 less restrictive treatment program is available that is 
 consistent with the patient's treatment needs and the 
 requirements of public safety. 

    Subd. 1a.    Temporary confinement.  During any hearing 
 held under this section, or pending emergency revocation of a 
 provisional discharge, the court may order the patient or 
 proposed patient temporarily confined in a jail or lockup but 
 only if: 

    (1) there is no other feasible place of confinement for the 
 patient 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 patient, to ensure the safety of the patient. 

    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, the 
 person may be transferred from a hospital to another facility 
 designated by the commissioner of corrections as 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 
 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; sexual psychopathic 
 personality and sexually dangerous persons commitments.  (a) 
 The supreme court may establish a panel of district judges with 
 statewide authority to preside over commitment proceedings of 
 sexual psychopathic personalities and sexually dangerous 
 persons.  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 subdivision 1 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 
 subdivision 1 to the contrary.  Otherwise, all of the other 
 applicable procedures contained in this chapter 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. 

    (b) Notwithstanding sections 246.54, 253B.045, and any 
 other law to the contrary, when a petition is filed for 
 commitment under this section 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. 6.    Aftercare and case management.  The state, 
 in collaboration with the designated agency, is responsible for 
 arranging and funding the aftercare and case management services 
 for persons under commitment as sexual psychopathic 
 personalities and sexually dangerous persons discharged after 
 July 1, 1999. 

    HIST: 1Sp1994 c 1 art 1 s 4; 1997 c 217 art 1 s 100; 1998 c 
 313 s 22; 1999 c 118 s 6; 1999 c 216 art 6 s 6; 1999 c 245 art 5 
 s 15