1.1    .................... moves to amend H.F. No. 2996, the first committee engrossment,
1.2as follows:
1.3Page 1, after line 5, insert:

1.4    "Section 1. Minnesota Statutes 2006, section 13.851, is amended by adding a
1.5subdivision to read:
1.6    Subd. 9. Civil commitment of sexual offenders. Data relating to the preparation
1.7of a petition to commit an individual as a sexual psychopathic personality or sexually
1.8dangerous person is governed by section 253B.185, subdivision 1b.

1.9    Sec. 2. Minnesota Statutes 2006, section 253B.045, subdivision 1, is amended to read:
1.10    Subdivision 1. Restriction. Except when ordered by the court pursuant to a finding
1.11of necessity to protect the life of the proposed patient or others or as provided under
1.12subdivision 1a, no person subject to the provisions of this chapter shall be confined in a
1.13jail or correctional institution, except pursuant to chapter 242 or 244.
1.14EFFECTIVE DATE.This section is effective the day following final enactment.

1.15    Sec. 3. Minnesota Statutes 2006, section 253B.045, is amended by adding a
1.16subdivision to read:
1.17    Subd. 1a. Exception. A person who is being petitioned for commitment
1.18under section 253B.185 and who is placed under a judicial hold order under section
1.19253B.07, subdivision 2b or 7, may be confined at a Department of Corrections or a
1.20county correctional or detention facility, rather than a secure treatment facility, until a
1.21determination of the commitment petition as specified in this subdivision.
1.22    (a) A court may order that a person who is being petitioned for commitment under
1.23section 253B.185 be confined in a Department of Corrections facility pursuant to the
1.24judicial hold order under the following circumstances and conditions:
2.1    (1) The person is currently serving a sentence in a Department of Corrections
2.2facility and the court determines that the person has made a knowing and voluntary (i)
2.3waiver of the right to be held in a secure treatment facility and (ii) election to be held in a
2.4Department of Corrections facility. The order confining the person in the Department of
2.5Corrections facility shall remain in effect until the court vacates the order or the person's
2.6criminal sentence and conditional release term expire.
2.7    In no case may the person be held in a Department of Corrections facility pursuant
2.8only to this subdivision, and not pursuant to any separate correctional authority, for more
2.9than 210 days.
2.10    (2) A person who has elected to be confined in a Department of Corrections facility
2.11under this subdivision may revoke the election by filing a written notice of intent to revoke
2.12the election with the court and serving the notice upon the Department of Corrections and
2.13the county attorney. The court shall order the person transferred to a secure treatment
2.14facility within 15 days of the date that the notice of revocation was filed with the court,
2.15except that, if the person has additional time to serve in prison at the end of the 15-day
2.16period, the person shall not be transferred to a secure treatment facility until the person's
2.17prison term expires. After a person has revoked an election to remain in a Department of
2.18Corrections facility under this subdivision, the court may not adopt another election to
2.19remain in a Department of Corrections facility without the agreement of both parties and
2.20the Department of Corrections.
2.21    (3) Upon petition by the commissioner of corrections, after notice to the parties
2.22and opportunity for hearing and for good cause shown, the court may order that the
2.23person's place of confinement be changed from the Department of Corrections to a secure
2.24treatment facility.
2.25    (4) While at a Department of Corrections facility pursuant to this subdivision, the
2.26person shall remain subject to all rules and practices applicable to correctional inmates in
2.27the facility in which the person is placed, including, but not limited to, the powers and
2.28duties of the commissioner of corrections under section 241.01, powers relating to use of
2.29force under section 243.52, and the right of the commissioner of corrections to determine
2.30the place of confinement in a prison, reformatory, or other facility.
2.31    (5) A person may not be confined in a Department of Corrections facility under this
2.32provision beyond the end of the person's executed sentence or the end of any applicable
2.33conditional release period, whichever is later. If a person confined in a Department of
2.34Corrections facility pursuant to this provision reaches the person's supervised release
2.35date and is subject to a period of conditional release, the period of conditional release
2.36shall commence on the supervised release date even though the person remains in the
3.1Department of Corrections facility pursuant to this provision. At the end of the later of
3.2the executed sentence or any applicable conditional release period, the person shall be
3.3transferred to a secure treatment facility.
3.4    (6) Nothing in this section may be construed to establish a right of an inmate in a
3.5state correctional facility to participate in sex offender treatment. This section must be
3.6construed in a manner consistent with the provisions of section 244.03.
3.7    (b) The committing county may offer a person who is being petitioned for
3.8commitment under section 253B.185 and who is placed under a judicial hold order under
3.9section 253B.07, subdivision 2b or 7, the option to be held in a county correctional or
3.10detention facility rather than a secure treatment facility, under such terms as may be agreed
3.11to by the county, the commitment petitioner, and the commitment respondent. If a person
3.12makes such an election under this paragraph, the court hold order shall specify the terms
3.13of the agreement, including the conditions for revoking the election.
3.14EFFECTIVE DATE.This section is effective the day following final enactment.

3.15    Sec. 4. Minnesota Statutes 2006, section 253B.045, subdivision 2, is amended to read:
3.16    Subd. 2. Facilities. Each county or a group of counties shall maintain or provide
3.17by contract a facility for confinement of persons held temporarily for observation,
3.18evaluation, diagnosis, treatment, and care. When the temporary confinement is provided
3.19at a regional treatment center, the commissioner shall charge the county of financial
3.20responsibility for the costs of confinement of persons hospitalized under section 253B.05,
3.21subdivisions 1 and 2 , and section 253B.07, subdivision 2b, except that the commissioner
3.22shall bill the responsible health plan first. If the person has health plan coverage, but the
3.23hospitalization does not meet the criteria in subdivision 6 or section 62M.07, 62Q.53,
3.24or 62Q.535, the county is responsible. When a person is temporarily confined in a
3.25Department of Corrections facility solely under subdivision 1a, and not based on any
3.26separate correctional authority: (i) the commissioner of corrections may charge the county
3.27of financial responsibility for the costs of confinement; and (ii) the Department of Human
3.28Services shall use existing appropriations to fund all remaining nonconfinement costs.
3.29The funds received by the commissioner for the confinement and nonconfinement costs
3.30are appropriated to the department for these purposes. "County of financial responsibility"
3.31means the county in which the person resides at the time of confinement or, if the person
3.32has no residence in this state, the county which initiated the confinement. The charge
3.33for confinement in a facility operated by the commissioner of human services shall be
3.34based on the commissioner's determination of the cost of care pursuant to section 246.50,
3.35subdivision 5 . When there is a dispute as to which county is the county of financial
4.1responsibility, the county charged for the costs of confinement shall pay for them pending
4.2final determination of the dispute over financial responsibility. Disputes about the county
4.3of financial responsibility shall be submitted to the commissioner to be settled in the
4.4manner prescribed in section 256G.09.
4.5EFFECTIVE DATE.This section is effective the day following final enactment.

4.6    Sec. 5. Minnesota Statutes 2007 Supplement, section 253B.185, subdivision 1b,
4.7is amended to read:
4.8    Subd. 1b. County attorney access to data. Notwithstanding sections 144.291
4.9to 144.298 ; 245.467, subdivision 6; 245.4876, subdivision 7; 260B.171; 260B.235,
4.10subdivision 8 ; 260C.171; and 609.749, subdivision 6, or any provision of chapter 13
4.11or other state law, prior to filing a petition for commitment as a sexual psychopathic
4.12personality or as a sexually dangerous person, and upon notice to the proposed patient,
4.13the county attorney or the county attorney's designee may move the court for an order
4.14granting access to any records or data, to the extent it relates to the proposed patient, for
4.15the purpose of determining whether good cause exists to file a petition and, if a petition
4.16is filed, to support the allegations set forth in the petition.
4.17    The court may grant the motion if: (1) the Department of Corrections refers the case
4.18for commitment as a sexual psychopathic personality or a sexually dangerous person; or
4.19(2) upon a showing that the requested category of data or records may be relevant to
4.20the determination by the county attorney or designee. The court shall decide a motion
4.21under this subdivision within 48 hours after a hearing on the motion. Notice to the
4.22proposed patient need not be given upon a showing that such notice may result in harm or
4.23harassment of interested persons or potential witnesses. Notwithstanding any provision
4.24of chapter 13 or other state law, a county attorney considering the civil commitment of a
4.25person under this section may obtain records and data from the Department of Corrections
4.26or any probation or parole agency in this state upon request, without a court order, for the
4.27purpose of determining whether good cause exists to file a petition and, if a petition is
4.28filed, to support the allegations set forth in the petition. At the time of the request for
4.29the records, the county attorney shall provide notice of the request to the person who is
4.30the subject of the records.
4.31    Data collected pursuant to this subdivision shall retain their original status and, if not
4.32public, are inadmissible in any court proceeding unrelated to civil commitment, unless
4.33otherwise permitted.
4.34EFFECTIVE DATE.This section is effective the day following final enactment.

5.1    Sec. 6. Minnesota Statutes 2006, section 253B.185, subdivision 5, is amended to read:
5.2    Subd. 5. Financial responsibility. (a) For purposes of this subdivision, "state
5.3facility" has the meaning given in section 246.50 and also includes a Department of
5.4Corrections facility when the proposed patient is confined in such a facility pursuant to
5.5section 253B.045, subdivision 1a.
5.6    (b) Notwithstanding sections 246.54, 253B.045, and any other law to the contrary,
5.7when a petition is filed for commitment under this section pursuant to the notice required
5.8in section 244.05, subdivision 7, the state and county are each responsible for 50 percent of
5.9the cost of the person's confinement at a state facility or county jail, prior to commitment.
5.10    (c) The county shall submit an invoice to the state court administrator for
5.11reimbursement of the state's share of the cost of confinement.
5.12    (d) Notwithstanding paragraph (b), the state's responsibility for reimbursement is
5.13limited to the amount appropriated for this purpose.
5.14EFFECTIVE DATE.This section is effective the day following final enactment."
5.15Renumber the sections in sequence and correct the internal references
5.16Amend the title accordingly