Sex offender discharge reviewed

Clarence Opheim, a convicted sex offender who was civilly committed to the Minnesota Sex Offender Program, has been granted a provisional discharge by the courts.

Why decision-makers supported Opheim’s provisional discharge was the topic of a House Health and Human Services Reform Committee hearing Feb. 15.

Human Services Commissioner Lucinda Jesson explained the difference between being “released” and a “provisional discharge,” which will require Opheim to move to a halfway house where he’ll have round-the-clock GPS monitoring; require an escort if he leaves the house; and be required to submit to urinalysis, polygraphs and outpatient treatment. In all, there are 32 conditions he must follow. He likely will remain under these provisions for his lifetime, unless he seeks and receives another hearing and is subsequently awarded a full release by the courts. That’s not likely, according to Hennepin County Prosecutor George Widseth.

Jesson supported Opheim’s provisional discharge after extensive consultation and review of the facts, she said. Some committee members asked whether Jesson’s support was politically motivated, in light of a complaint filed in federal district court by clients at the Moose Lake sex offender treatment facility. The plaintiffs allege that conditions of their confinement are a disincentive to participating in treatment. Jesson denied any political motivation.

“For now, the law on the books must be followed,” Gov. Mark Dayton wrote in a

Feb. 8 letter to House Republican leaders. “The previous administration was able to keep all of these individuals confined indefinitely and avoid these extremely difficult decisions. In light of the afore-mentioned litigation, my administration does not have that option.”

However, committee members shared a concern that a provisional release “outside the razor wire” does not require residents in the community where the offender will live to be notified. That’s a policy issue the committee should consider, said Rep. Duane Quam (R-Byron).

Rep. Glenn Gruenhagen (R-Glencoe) said stronger laws are necessary to stop “feeding people into this program.” He suggested locking the worst sex offenders behind bars with no chance of parole or instituting the death penalty.