1.1.................... moves to amend H.F. No. .... as follows:
1.2Delete everything after the enacting clause and insert:
1.3 "Section 1. Minnesota Statutes 2012, section 253B.02, subdivision 18a, is amended to
1.4read:
1.5 Subd. 18a.
Secure treatment facility. "Secure treatment facility" means the
1.6Minnesota Security Hospital
and the Minnesota sex offender program facility in Moose
1.7Lake and any portion of the Minnesota sex offender program operated by the Minnesota
1.8sex offender program at the Minnesota Security Hospital, but does not include services
1.9or programs administered by the
secure treatment facility Minnesota Security Hospital
1.10 outside a secure environment.
1.11 Sec. 2. Minnesota Statutes 2012, section 253B.02, subdivision 24, is amended to read:
1.12 Subd. 24.
Administrative restriction. "Administrative restriction" means any
1.13measure utilized by the commissioner to maintain safety and security, protect possible
1.14evidence, and prevent the continuation of suspected criminal acts. Administrative
1.15restriction does not mean protective isolation as defined by Minnesota Rules, part
1.169515.3090, subpart 4. Administrative restriction may include increased monitoring,
1.17program limitations, loss of privileges, restricted access to and use of possessions,
1.18and separation of a
patient committed person from the normal living environment,
1.19as determined by the commissioner or the commissioner's designee. Administrative
1.20restriction applies only to
patients committed persons in a secure treatment facility as
1.21defined in
subdivision 18a section 253D.02, subdivision 9, who:
1.22(1) are suspected of committing a crime or charged with a crime;
1.23(2) are the subject of a criminal investigation;
1.24(3) are awaiting sentencing following a conviction of a crime; or
1.25(4) are awaiting transfer to a correctional facility.
2.1The commissioner shall establish policies and procedures according to section
246.014,
2.2paragraph (d)
, regarding the use of administrative restriction. The policies and procedures
2.3shall identify the implementation and termination of administrative restrictions. Use of
2.4administrative restriction and the reason associated with the use shall be documented
2.5in the patient's medical record.
2.6 Sec. 3. Minnesota Statutes 2012, section 253B.03, subdivision 1a, is amended to read:
2.7 Subd. 1a.
Administrative restriction. (a) A
patient committed person has the
2.8right to be free from unnecessary or excessive administrative restriction. Administrative
2.9restriction shall not be used for the convenience of staff, for retaliation for filing
2.10complaints, or as a substitute for program treatment. Administrative restriction may not
2.11involve any further deprivation of privileges than is necessary.
2.12(b) Administrative restriction may include separate and secure housing.
2.13(c)
Patients Committed Persons under administrative restriction shall not be limited
2.14in access to their attorney.
2.15(d) If a
patient committed person is placed on administrative restriction because
2.16the
patient committed person is suspected of committing a crime, the secure treatment
2.17facility must report the crime to the appropriate police agency within 24 hours of the
2.18beginning of administrative restriction. The
patient committed person must be released
2.19from administrative restriction if a police agency does not begin an investigation within 72
2.20hours of the report.
2.21(e) A
patient committed person placed on administrative restriction because the
2.22patient committed person is a subject of a criminal investigation must be released from
2.23administrative restriction when the investigation is completed. If the
patient committed
2.24person is charged with a crime following the investigation, administrative restriction may
2.25continue until the charge is disposed of.
2.26(f) The secure treatment facility must notify the
patient's committed person's
2.27 attorney of the
patient committed person being placed on administrative restriction within
2.2824 hours after the beginning of administrative restriction.
2.29(g) The commissioner shall establish policies and procedures according to section
2.30246.014, paragraph (d), regarding the use of administrative restriction. The policies
2.31and procedures shall identify the implementation and termination of administrative
2.32restrictions. Use of administration restriction and the reason associated with the use shall
2.33be documented in the committed person's medical record.
2.34 Sec. 4. Minnesota Statutes 2012, section 253B.045, subdivision 1a, is amended to read:
3.1 Subd. 1a.
Exception Correctional facilities. (a) A person who is being petitioned
3.2for commitment under
section
253B.185 this chapter and who is placed under a judicial
3.3hold order under section
253B.07, subdivision 2b or 7, may be confined at a Department
3.4of Corrections or a county correctional or detention facility, rather than a secure treatment
3.5facility, until a determination of the commitment petition as specified in this subdivision.
3.6 (b) A court may order that a person who is being petitioned for commitment under
3.7section
253B.185 this chapter be confined in a Department of Corrections facility pursuant
3.8to the judicial hold order under the following circumstances and conditions:
3.9 (1) The person is currently serving a sentence in a Department of Corrections
3.10facility and the court determines that the person has made a knowing and voluntary (i)
3.11waiver of the right to be held in a secure treatment facility and (ii) election to be held in a
3.12Department of Corrections facility. The order confining the person in the Department of
3.13Corrections facility shall remain in effect until the court vacates the order or the person's
3.14criminal sentence and conditional release term expire.
3.15 In no case may the person be held in a Department of Corrections facility pursuant
3.16only to this subdivision, and not pursuant to any separate correctional authority, for more
3.17than 210 days.
3.18 (2) A person who has elected to be confined in a Department of Corrections facility
3.19under this subdivision may revoke the election by filing a written notice of intent to revoke
3.20the election with the court and serving the notice upon the Department of Corrections and
3.21the county attorney. The court shall order the person transferred to a secure treatment
3.22facility within 15 days of the date that the notice of revocation was filed with the court,
3.23except that, if the person has additional time to serve in prison at the end of the 15-day
3.24period, the person shall not be transferred to a secure treatment facility until the person's
3.25prison term expires. After a person has revoked an election to remain in a Department of
3.26Corrections facility under this subdivision, the court may not adopt another election to
3.27remain in a Department of Corrections facility without the agreement of both parties and
3.28the Department of Corrections.
3.29 (3) Upon petition by the commissioner of corrections, after notice to the parties
3.30and opportunity for hearing and for good cause shown, the court may order that the
3.31person's place of confinement be changed from the Department of Corrections to a secure
3.32treatment facility.
3.33 (4) While at a Department of Corrections facility pursuant to this subdivision, the
3.34person shall remain subject to all rules and practices applicable to correctional inmates
3.35in the facility in which the person is placed including, but not limited to, the powers and
3.36duties of the commissioner of corrections under section
241.01, powers relating to use of
4.1force under section
243.52, and the right of the commissioner of corrections to determine
4.2the place of confinement in a prison, reformatory, or other facility.
4.3 (5) A person may not be confined in a Department of Corrections facility under this
4.4provision beyond the end of the person's executed sentence or the end of any applicable
4.5conditional release period, whichever is later. If a person confined in a Department of
4.6Corrections facility pursuant to this provision reaches the person's supervised release
4.7date and is subject to a period of conditional release, the period of conditional release
4.8shall commence on the supervised release date even though the person remains in the
4.9Department of Corrections facility pursuant to this provision. At the end of the later of
4.10the executed sentence or any applicable conditional release period, the person shall be
4.11transferred to a secure treatment facility.
4.12 (6) Nothing in this section may be construed to establish a right of an inmate in a
4.13state correctional facility to participate in sex offender treatment. This section must be
4.14construed in a manner consistent with the provisions of section
244.03.
4.15 (c) The committing county may offer a person who is being petitioned for
4.16commitment under
section
253B.185 this chapter and who is placed under a judicial
4.17hold order under section
253B.07, subdivision 2b or 7, the option to be held in a county
4.18correctional or detention facility rather than a secure treatment facility, under such terms
4.19as may be agreed to by the county, the commitment petitioner, and the commitment
4.20respondent. If a person makes such an election under this paragraph, the court hold order
4.21shall specify the terms of the agreement, including the conditions for revoking the election.
4.22 Sec. 5. Minnesota Statutes 2012, section 253B.092, subdivision 1, is amended to read:
4.23 Subdivision 1.
General. Neuroleptic medications may be administered
, only as
4.24provided in this section, to patients subject to early intervention or civil commitment as
4.25mentally ill
or, mentally ill and dangerous
only as provided in this section, a sexually
4.26dangerous person, or a person with a sexual psychopathic personality. For purposes of
4.27this section, "patient" includes a proposed patient who is the subject of a petition for
4.28early intervention or commitment
and a committed person as defined in section 253D.02,
4.29subdivision 3.
4.30 Sec. 6. Minnesota Statutes 2012, section 253B.17, subdivision 1, is amended to read:
4.31 Subdivision 1.
Petition. Any patient, except one committed as a
sexually dangerous
4.32person or a person with a sexual psychopathic personality or as a person who is mentally
4.33ill and dangerous to the public
or as a sexually dangerous person or person with a sexual
4.34psychopathic personality as provided in section
253B.18, subdivision 3, or any interested
5.1person may petition the committing court or the court to which venue has been transferred
5.2for an order that the patient is not in need of continued care and treatment or for an order
5.3that an individual is no longer a person who is mentally ill, developmentally disabled, or
5.4chemically dependent, or for any other relief. A patient committed as a person who is
5.5mentally ill or mentally ill and dangerous
or a sexually dangerous person or person with a
5.6sexual psychopathic personality may petition the committing court or the court to which
5.7venue has been transferred for a hearing concerning the administration of neuroleptic
5.8medication.
5.9 Sec. 7. Minnesota Statutes 2012, section 253B.185, is amended to read:
5.10253B.185 SEXUAL PSYCHOPATHIC PERSONALITY; SEXUALLY
5.11DANGEROUS; SEXUAL PSYCHOPATHIC PERSONALITY.
5.12 Subdivision 1.
Commitment generally. (a) Except as otherwise provided in this
5.13section, the provisions of this chapter pertaining to persons who are mentally ill and
5.14dangerous to the public apply with like force and effect to persons who are alleged or
5.15found to be sexually dangerous persons or persons with a sexual psychopathic personality.
5.16For purposes of this section, "sexual psychopathic personality" includes any individual
5.17committed as a "psychopathic personality" under Minnesota Statutes 1992, section
526.10.
5.18(b) (a) Before commitment proceedings are instituted, the facts shall first be
5.19submitted to the county attorney, who, if satisfied that good cause exists, will prepare the
5.20petition. The county attorney may request a prepetition screening report. The petition is to
5.21be executed by a person having knowledge of the facts and filed with the district court
5.22of the county of financial responsibility
, as defined in section 253B.02, subdivision 4c,
5.23 or the county where the
patient respondent is present. If the
patient respondent is in the
5.24custody of the commissioner of corrections, the petition may be filed in the county where
5.25the conviction for which the person is incarcerated was entered.
5.26(c) (b) Upon the filing of a petition alleging that a proposed
patient respondent is
5.27a sexually dangerous person or
is a person with a sexual psychopathic personality, the
5.28court shall hear the petition as provided in
section
253B.18, except that section
253B.18,
5.29subdivisions 2
and 3, shall not apply sections 253B.07 and 253B.08.
5.30(d) In commitments under this section, (c) If the court finds by clear and convincing
5.31evidence that the respondent is a sexually dangerous person or a person with a sexual
5.32psychopathic personality, the court shall commit the
patient person to a secure treatment
5.33facility unless the
patient person establishes by clear and convincing evidence that a
5.34less restrictive treatment program is available
that, is willing to accept the respondent
6.1under commitment, and is consistent with the
patient's person's treatment needs and the
6.2requirements of public safety.
6.3(e) (d) After a
final determination that a
patient respondent is a sexually dangerous
6.4person or
a person with a sexual psychopathic personality, the court shall order commitment
6.5for an indeterminate period of time and the
patient committed person shall be transferred,
6.6provisionally discharged, or discharged, only as provided in this
section chapter.
6.7 Subd. 1a.
Temporary confinement Jails. During any hearing held under this
6.8section chapter, or pending
emergency revocation of a provisional discharge, the court
6.9may order the
patient committed person or proposed
patient committed person temporarily
6.10confined in a jail or lockup but only if:
6.11(1) there is no other feasible place of confinement for the
patient person within a
6.12reasonable distance;
6.13(2) the confinement is for less than 24 hours or, if during a hearing, less than 24
6.14hours prior to commencement and after conclusion of the hearing; and
6.15(3) there are protections in place, including segregation of the
patient person, to
6.16ensure the safety of the
patient person.
6.17 Subd. 1b.
County attorney access to data. Notwithstanding sections
144.291
6.18to
144.298;
245.467, subdivision 6;
245.4876, subdivision 7;
260B.171;
260B.235,
6.19subdivision 8
;
260C.171; and
609.749, subdivision 6, or any provision of chapter 13
6.20or other state law, prior to filing a petition for commitment
as a sexual psychopathic
6.21 personality or as a sexually dangerous person of a sexually dangerous person or a person
6.22with a sexual psychopathic personality, and upon notice to the proposed
patient committed
6.23person, the county attorney or the county attorney's designee may move the court for an
6.24order granting access to any records or data, to the extent it relates to the proposed
patient
6.25 committed person, for the purpose of determining whether good cause exists to file a
6.26petition and, if a petition is filed, to support the allegations set forth in the petition.
6.27 The court may grant the motion if: (1) the Department of Corrections refers the case
6.28for commitment
as a sexual psychopathic personality or a sexually dangerous person of
6.29a sexually dangerous person or a person with a sexual psychopathic personality; or (2)
6.30upon a showing that the requested category of data or records may be relevant to the
6.31determination by the county attorney or designee. The court shall decide a motion under
6.32this
subdivision section within 48 hours after a hearing on the motion. Notice to the
6.33proposed
patient committed person need not be given upon a showing that such notice
6.34may result in harm or harassment of interested persons or potential witnesses.
6.35 Notwithstanding any provision of chapter 13 or other state law, a county attorney
6.36considering the civil commitment of a person under this
section chapter may obtain
7.1records and data from the Department of Corrections or any probation or parole agency in
7.2this state upon request, without a court order, for the purpose of determining whether good
7.3cause exists to file a petition and, if a petition is filed, to support the allegations set forth in
7.4the petition. At the time of the request for the records, the county attorney shall provide
7.5notice of the request to the person who is the subject of the records.
7.6 Data collected pursuant to this
subdivision section shall retain their original status
7.7and, if not public, are inadmissible in any court proceeding unrelated to civil commitment,
7.8unless otherwise permitted.
7.9 Subd. 2.
Transfer to correctional facility. (a) If a person has been committed
7.10under this
section chapter and later is committed to the custody of the commissioner of
7.11corrections for any reason, including but not limited to, being sentenced for a crime or
7.12revocation of the person's supervised release or conditional release under section
244.05;
7.13609.3455, subdivision 6, 7, or 8; Minnesota Statutes 2004, section 609.108, subdivision
7.146; or
Minnesota Statutes 2004, section 609.109, subdivision 7, the person shall be
7.15transferred to a facility designated by the commissioner of corrections without regard to
7.16the procedures provided in
subdivision 11 section 253D.29, subdivision 1.
7.17 (b) If a person is committed under this
section chapter after a commitment to
7.18the commissioner of corrections, the person shall first serve the sentence in a facility
7.19designated by the commissioner of corrections. After the person has served the sentence,
7.20the person shall be transferred to a treatment program designated by the commissioner
7.21of human services.
7.22 Subd. 3.
Not to constitute defense. The existence in any person of a condition of a
7.23sexual psychopathic personality or the fact that a person is a sexually dangerous person
7.24shall not in any case constitute a defense to a charge of crime, nor relieve such person
7.25from liability to be tried upon a criminal charge.
7.26 Subd. 4.
Statewide judicial panel; commitment proceedings. (a) The Supreme
7.27Court may establish a panel of district judges with statewide authority to preside over
7.28commitment proceedings of
sexual psychopathic personalities and sexually dangerous
7.29 persons sexually dangerous persons or persons with sexual psychopathic personalities.
7.30Only one judge of the panel is required to preside over a particular commitment
7.31proceeding. Panel members shall serve for one-year terms. One of the judges shall be
7.32designated as the chief judge of the panel, and is vested with the power to designate the
7.33presiding judge in a particular case, to set the proper venue for the proceedings, and to
7.34otherwise supervise and direct the operation of the panel. The chief judge shall designate
7.35one of the other judges to act as chief judge whenever the chief judge is unable to act.
8.1(b) If the Supreme Court creates the judicial panel authorized by this section, all
8.2petitions for civil commitment brought under
subdivision 1 section 253D.07 shall be filed
8.3with the supreme court instead of with the district court in the county where the proposed
8.4patient is present, notwithstanding any provision of
subdivision 1 section 253D.07 to the
8.5contrary. Otherwise, all of the other applicable procedures contained in this chapter
and
8.6sections 253B.07 and 253B.08 apply to commitment proceedings conducted by a judge
8.7on the panel.
8.8 Subd. 5.
Financial responsibility. (a) For purposes of this subdivision, "state
8.9facility" has the meaning given in section
246.50 and also includes a Department of
8.10Corrections facility when the
proposed patient respondent is confined in such a facility
8.11pursuant to section
253B.045, subdivision 1a 253D.10, subdivision 2.
8.12 (b) Notwithstanding sections
246.54,
253B.045 253D.10, and any other law to the
8.13contrary, when a petition is filed for commitment under this
section chapter pursuant
8.14to the notice required in section
244.05, subdivision 7, the state and county are each
8.15responsible for 50 percent of the cost of the person's confinement at a state facility or
8.16county jail, prior to commitment.
8.17 (c) The county shall submit an invoice to the state court administrator for
8.18reimbursement of the state's share of the cost of confinement.
8.19 (d) Notwithstanding paragraph (b), the state's responsibility for reimbursement is
8.20limited to the amount appropriated for this purpose.
8.21 Subd. 7.
Rights of patients persons committed under this section chapter. (a)
8.22The commissioner
or the commissioner's designee may limit the statutory rights described
8.23in paragraph (b) for
patients persons committed to the Minnesota sex offender program
8.24under this
section chapter or with the commissioner's consent under section
246B.02. The
8.25statutory rights described in paragraph (b) may be limited only as necessary to maintain
8.26a therapeutic environment or the security of the facility or to protect the safety and
8.27well-being of
patients committed persons, staff, and the public.
8.28(b) The statutory rights that may be limited in accordance with paragraph (a) are
8.29those set forth in section
144.651, subdivision 19, personal privacy; section
144.651,
8.30subdivision 21
, private communications; section
144.651, subdivision 22, retain and use
8.31of personal property; section
144.651, subdivision 25, manage personal financial affairs;
8.32section
144.651, subdivision 26, meet with visitors and participate in groups; section
8.33253B.03, subdivision 2
, correspond with others; and section
253B.03, subdivision 3,
8.34receive visitors and make telephone calls. Other statutory rights enumerated by sections
8.35144.651
and
253B.03, or any other law, may be limited as provided in those sections.
9.1 Subd. 8.
Petition and report required. (a) Within 120 days of receipt of a
9.2preliminary determination from a court under section
609.1351, or a referral from the
9.3commissioner of corrections pursuant to section
244.05, subdivision 7, a county attorney
9.4shall determine whether good cause under
this section
253D.07 exists to file a petition, and
9.5if good cause exists, the county attorney or designee shall file the petition with the court.
9.6 (b) Failure to meet the requirements of paragraph (a) does not bar filing a petition
9.7under
subdivision 1 section 253D.07, subdivision 2, any time the county attorney
9.8determines pursuant to
subdivision 1 section 253D.07 that good cause for such a petition
9.9exists.
9.10 Subd. 9.
Petition for reduction in custody. (a) This subdivision applies only
9.11to committed persons as defined in
paragraph (b) section 253D.02, subdivision 4. The
9.12procedures in
subdivision 10 section 253D.14 for victim notification and right to submit
9.13a statement apply to petitions filed and reductions in custody recommended under this
9.14subdivision.
9.15 (b)
As used in this subdivision:
9.16 (1) "committed person" means an individual committed under this section, or under
9.17this section and under section
253B.18, as mentally ill and dangerous. It does not include
9.18persons committed only as mentally ill and dangerous under section
253B.18; and
9.19 (2) For the purposes of this section, "reduction in custody" means transfer out of
9.20a secure treatment facility, a provisional discharge, or a discharge from commitment. A
9.21reduction in custody is considered to be a commitment proceeding under section
8.01.
9.22 (c) A petition for a reduction in custody or an appeal of a revocation of provisional
9.23discharge may be filed by either the committed person or by the
head of the treatment
9.24facility executive director and must be filed with and considered by a panel of the special
9.25review board authorized under section
253B.18, subdivision 4c. A committed person may
9.26not petition the special review board any sooner than six months following either:
9.27 (1) the entry of judgment in the district court of the order for commitment issued
9.28under section
253B.18, subdivision 3 253D.07, subdivision 5, or upon the exhaustion of
9.29all related appeal rights in state court relating to that order, whichever is later; or
9.30 (2) any recommendation of the special review board or order of the judicial appeal
9.31panel, or upon the exhaustion of all appeal rights in state court, whichever is later. The
9.32head of the treatment facility executive director may petition at any time. The special
9.33review board proceedings are not contested cases as defined in chapter 14.
9.34 (d) The special review board shall hold a hearing on each petition before issuing
9.35a recommendation
and report under
paragraph (f) section 253D.30, subdivision 4.
9.36Fourteen days before the hearing, the committing court, the county attorney of the
10.1county of commitment, the
designated agency county attorney of the county of financial
10.2responsibility, an interested person, the petitioner and the petitioner's counsel, and the
10.3committed person and the committed person's counsel must be given written notice by the
10.4commissioner of the time and place of the hearing before the special review board. Only
10.5those entitled to statutory notice of the hearing or those administratively required to attend
10.6may be present at the hearing. The
patient committed person may designate interested
10.7persons to receive notice by providing the names and addresses to the commissioner at
10.8least 21 days before the hearing.
10.9 (e) A person or agency receiving notice that submits documentary evidence to
10.10the special review board before the hearing must also provide copies to the committed
10.11person, the committed person's counsel, the county attorney of the county of commitment,
10.12 and the
case manager, and the commissioner county attorney of the county of financial
10.13responsibility. The special review board must consider any statements received from
10.14victims under
subdivision 10 section 253D.14.
10.15 (f) Within 30 days of the hearing, the special review board shall issue
a report with
10.16 written findings of fact and shall recommend denial or approval of the petition to the
10.17judicial appeal panel established under section
253B.19. The commissioner shall forward
10.18the
recommendation report of the special review board to the judicial appeal panel and
10.19to every person entitled to statutory notice. No reduction in custody or reversal of a
10.20revocation of provisional discharge recommended by the special review board is effective
10.21until it has been reviewed by the judicial appeal panel and until 15 days after an order
10.22from the judicial appeal panel affirming, modifying, or denying the recommendation.
10.23 Subd. 10.
Victim notification of petition and release; right to submit statement.
10.24(a) As used in this
subdivision section:
10.25(1) "crime" has the meaning given to "violent crime" in section
609.1095, and
10.26includes criminal sexual conduct in the fifth degree and offenses within the definition of
10.27"crime against the person" in section
253B.02, subdivision 4a, and also includes offenses
10.28listed in section
253B.02, subdivision 7a, paragraph (b), regardless of whether they are
10.29sexually motivated;
10.30(2) "victim" means a person who has incurred loss or harm as a result of a crime,
10.31the behavior for which forms the basis for a commitment under this
section or section
10.32253B.18 chapter; and
10.33(3) "convicted" and "conviction" have the meanings given in section
609.02,
10.34subdivision 5
, and also include juvenile court adjudications, findings under Minnesota
10.35Rules of Criminal Procedure, rule
20.02, that the elements of a crime have been proved,
11.1and findings in commitment cases under this section or section
253B.18, that an act or
11.2acts constituting a crime occurred.
11.3(b) A county attorney who files a petition to commit a person under this
section
11.4 chapter shall make a reasonable effort to provide prompt notice of filing the petition to any
11.5victim of a crime for which the person was convicted. In addition, the county attorney shall
11.6make a reasonable effort to promptly notify the victim of the resolution of the petition.
11.7(c) Before provisionally discharging, discharging, granting pass-eligible status,
11.8approving a pass plan, or otherwise permanently or temporarily releasing a person
11.9committed under this
section chapter from a treatment facility, the
head of the treatment
11.10facility executive director shall make a reasonable effort to notify any victim of a crime
11.11for which the person was convicted that the person may be discharged or released and
11.12that the victim has a right to submit a written statement regarding decisions of the
head
11.13of the treatment facility or designee executive director, or special review board, with
11.14respect to the person. To the extent possible, the notice must be provided at least 14
11.15days before any special review board hearing or before a determination on a pass plan.
11.16Notwithstanding section
611A.06, subdivision 4, the commissioner shall provide the
11.17judicial appeal panel with victim information in order to comply with the provisions of
11.18this section. The judicial appeal panel shall ensure that the data on victims remains private
11.19as provided for in section
611A.06, subdivision 4.
11.20(d) This subdivision applies only to victims who have requested notification through
11.21the Department of Corrections electronic victim notification system, or by contacting, in
11.22writing, the county attorney in the county where the conviction for the crime occurred
11.23or where the civil commitment was filed or, following commitment, the
head of the
11.24treatment facility executive director. A request for notice under this subdivision received
11.25by the commissioner of corrections through the Department of Corrections electronic
11.26victim notification system shall be promptly forwarded to the prosecutorial authority with
11.27jurisdiction over the offense to which the notice relates or, following commitment, the
11.28head of the treatment facility executive director. A county attorney who receives a request
11.29for notification under this
paragraph subdivision following commitment shall promptly
11.30forward the request to the commissioner of human services.
11.31(e) Rights under this
subdivision section are in addition to rights available to a victim
11.32under chapter 611A. This provision does not give a victim all the rights of a "notified
11.33person" or a person "entitled to statutory notice" under
subdivision 12 or 13 or section
11.34253B.18, subdivision 4a, 4b, or 5; 253D.23; or 253D.27
.
11.35 Subd. 10a.
Scope of community notification. (a) Notification of the public and
11.36disclosure of information under section
244.052, subdivision 4, regarding an individual
12.1who was committed under this
section chapter or Minnesota Statutes 1992, section
526.10,
12.2is as provided under section
244.052, subdivision 4, paragraphs (b), clause (3), and (g), and
12.3subdivision 4b, regardless of the individual's assigned risk level. The restrictions under
12.4section
244.052, subdivision 4, paragraph (b), clause (3), placed on disclosing information
12.5on individuals living in residential facilities do not apply to persons committed under this
12.6section or Minnesota Statutes 1992, section
526.10. The local law enforcement agency
12.7may proceed with the broadest disclosure authorized under section
244.052, subdivision 4.
12.8(b) After four years from the date of an order for provisional discharge or discharge
12.9of civil commitment, the individual may petition the
head of the treatment facility from
12.10which the individual was provisionally discharged or discharged executive director to
12.11have the scope of notification and disclosure based solely upon the individual's assigned
12.12risk level under section
244.052.
12.13(c) If an individual's provisional discharge is revoked for any reason, the four-year
12.14time period under paragraph (b) starts over from the date of a subsequent order for
12.15provisional discharge or discharge except that the
head of the treatment facility or
12.16designee executive director may, in
the that person's sole discretion
of the head or
12.17designee, determine that the individual may petition before four years have elapsed from
12.18the date of the order of the subsequent provisional discharge or discharge and notify the
12.19individual of that determination.
12.20(d) The
head of the treatment facility executive director shall appoint a
12.21multidisciplinary committee to review and make a recommendation on a petition made
12.22under paragraph (b). The
head of the treatment facility or designee executive director may
12.23grant or deny the petition. There is no review or appeal of the decision. If a petition is
12.24denied, the individual may petition again after two years from the date of denial.
12.25(e) Nothing in this
subdivision section shall be construed to give an individual an
12.26affirmative right to petition the
head of the treatment facility executive director earlier
12.27than four years after the date of an order for provisional discharge or discharge.
12.28(f) The
head of the treatment facility executive director shall act in place of the
12.29individual's corrections agent for the purpose of section
244.052, subdivision 3, paragraph
12.30(h), when the individual is not assigned to a corrections agent.
12.31 Subd. 11.
Transfer. (a) A
patient person who is committed as a sexually dangerous
12.32person or
a person with a sexual psychopathic personality shall not be transferred out
12.33of a secure treatment facility unless
it appears to the satisfaction of the judicial appeal
12.34panel, after a hearing and recommendation by a majority of the special review board,
12.35that the transfer is appropriate. Transfer may be to other treatment programs under the
12.36commissioner's control.
13.1(b) The following factors must be considered in determining whether a transfer
13.2is appropriate:
13.3(1) the person's clinical progress and present treatment needs;
13.4(2) the need for security to accomplish continuing treatment;
13.5(3) the need for continued institutionalization;
13.6(4) which facility can best meet the person's needs; and
13.7(5) whether transfer can be accomplished with a reasonable degree of safety for
13.8the public.
13.9 Subd. 11a.
Transfer; Voluntary readmission to a secure facility. (a) After a
13.10patient committed person has been transferred out of a secure facility pursuant to
section
13.11253D.29, subdivision
11 1, and with the consent of the executive director
of the Minnesota
13.12sex offender program, a
patient committed person may voluntarily return to a secure
13.13facility
operated by the Minnesota sex offender program for a period of up to 60 days.
13.14(b) If the
patient committed person is not returned to the facility to which the
patient
13.15 person was originally transferred pursuant to
section 253D.29, subdivision
11 1, within
13.1660 days of being readmitted to a secure facility, the transfer is revoked and the
patient
13.17 committed person shall remain in a secure facility. The
patient committed person shall
13.18immediately be notified in writing of the revocation.
13.19(c) Within 15 days of receiving notice of the revocation, the
patient committed
13.20person may petition the special review board for a review of the revocation. The special
13.21review board shall review the circumstances of the revocation and shall recommend to the
13.22judicial appeal panel whether or not the revocation shall be upheld. The special review
13.23board may also recommend a new transfer at the time of the revocation hearing.
13.24(d) If the transfer has not been revoked and the
patient committed person is to be
13.25returned to the facility to which the
patient committed person was originally transferred
13.26pursuant to
section 253D.29, subdivision
11 1, with no substantive change to the
13.27conditions of the transfer ordered pursuant to
section 253D.29, subdivision
11 1, no action
13.28by the special review board or judicial appeal panel is required.
13.29 Subd. 11b.
Transfer; Revocation. (a) The executive director
of the Minnesota sex
13.30offender program or designee may revoke a transfer made pursuant to
section 253D.29,
13.31 subdivision
11 1, and require a
patient committed person to return to a secure treatment
13.32facility if:
13.33(1) remaining in a nonsecure setting will not provide a reasonable degree of safety to
13.34the
patient committed person or others; or
14.1(2) the
patient committed person has regressed in clinical progress so that the facility
14.2to which the
patient committed person was transferred is no longer sufficient to meet the
14.3patient's committed person's needs.
14.4(b) Upon the revocation of the transfer, the
patient committed person shall be
14.5immediately returned to a secure treatment facility. A report documenting reasons for
14.6revocation shall be issued by the executive director
or designee within seven days after the
14.7patient committed person is returned to the secure treatment facility. Advance notice to
14.8the
patient committed person of the revocation is not required.
14.9(c) The
patient committed person must be provided a copy of the revocation report
14.10and informed, orally and in writing, of the rights of a
patient committed person under this
14.11subdivision section. The revocation report shall be served upon the
patient committed
14.12person and the
patient's committed person's counsel. The report shall outline the specific
14.13reasons for the revocation including, but not limited to, the specific facts upon which
14.14the revocation
recommendation is based.
14.15(d)
If a
patient whose committed person's transfer is revoked
must successfully
14.16re-petition the special review board and judicial appeal panel prior to being transferred
14.17out of a secure facility, the committed person may re-petition for transfer according to
14.18section 253D.27.
14.19(e) Any
patient committed person aggrieved by a transfer revocation decision may
14.20petition the special review board within seven days, exclusive of Saturdays, Sundays,
14.21and legal holidays, after receipt of the revocation report for a review of the revocation.
14.22The matter shall be scheduled within 30 days. The special review board shall review
14.23the circumstances leading to the revocation and, after considering the factors in
section
14.24253D.29, subdivision
11 1, paragraph (b), shall recommend to the judicial appeal panel
14.25whether or not the revocation shall be upheld. The special review board may also
14.26recommend a new transfer out of a secure facility at the time of the revocation hearing.
14.27 Subd. 12.
Provisional discharge Factors. (a) A
patient person who is committed
14.28as
a sexual psychopathic personality or sexually dangerous person a sexually dangerous
14.29person or a person with a sexual psychopathic personality shall not be provisionally
14.30discharged unless
it appears to the satisfaction of the judicial appeal panel, after a
14.31 hearing and a recommendation by a majority of the special review board, that the
patient
14.32 committed person is capable of making an acceptable adjustment to open society.
14.33(b) The following factors are to be considered in determining whether a provisional
14.34discharge shall be
recommended granted:
15.1(1) whether the
patient's committed person's course of treatment and present mental
15.2status indicate there is no longer a need for treatment and supervision in the
patient's
15.3 committed person's current treatment setting; and
15.4(2) whether the conditions of the provisional discharge plan will provide a reasonable
15.5degree of protection to the public and will enable the
patient committed person to adjust
15.6successfully to the community.
15.7 Subd. 13.
Provisional discharge Plan. A provisional discharge plan shall be
15.8developed, implemented, and monitored by the
head of the treatment facility or designee
15.9 executive director in conjunction with the
patient committed person and other appropriate
15.10persons. The
head of the treatment facility or designee executive director shall, at least
15.11quarterly, review the plan with the
patient committed person and submit a written report to
15.12the
designated agency county attorneys of the county of commitment and the county of
15.13financial responsibility concerning the
patient's committed person's status and compliance
15.14with each term of the plan.
15.15 Subd. 14.
Provisional discharge; Review. A provisional discharge pursuant to this
15.16section chapter shall not automatically terminate. A full discharge shall occur only as
15.17provided in
subdivision 18 section 253D.31. The
commissioner shall notify the patient
15.18that the terms of a provisional discharge continue unless the
patient committed person
15.19 requests and is granted a change in the conditions of provisional discharge or unless the
15.20patient committed person petitions the special review board for a full discharge and the
15.21discharge is granted by the judicial appeal panel.
15.22 Subd. 14a.
Provisional discharge; Voluntary readmission. (a) With the consent
15.23of the executive director
of the Minnesota sex offender program, a
patient committed
15.24person may voluntarily return to the Minnesota sex offender program from provisional
15.25discharge for a period of up to 60 days.
15.26(b) If the
patient committed person is not returned to provisional discharge status
15.27within 60 days of being readmitted to the Minnesota sex offender program, the provisional
15.28discharge is revoked. The
patient committed person shall immediately be notified of the
15.29revocation in writing. Within 15 days of receiving notice of the revocation, the
patient
15.30 committed person may request a review of the matter before the special review board. The
15.31special review board shall review the circumstances of the revocation and, after applying
15.32the standards in
section 253D.30, subdivision
15 5, paragraph (a), shall recommend to
15.33the judicial appeal panel whether or not the revocation shall be upheld. The board may
15.34recommend a return to provisional discharge status.
15.35(c) If the provisional discharge has not been revoked and the
patient committed
15.36person is to be returned to provisional discharge, the Minnesota sex offender program is
16.1not required to petition for a further review by the special review board unless the
patient's
16.2 committed person's return to the community results in substantive change to the existing
16.3provisional discharge plan.
16.4 Subd. 15.
Provisional discharge; Revocation. (a) The
head of the treatment
16.5facility executive director may revoke a provisional discharge if either of the following
16.6grounds exist:
16.7(1) the
patient committed person has departed from the conditions of the provisional
16.8discharge plan; or
16.9(2) the
patient committed person is exhibiting behavior which may be dangerous to
16.10self or others.
16.11(b) The
head of the treatment facility executive director may revoke the provisional
16.12discharge and, either orally or in writing, order that the
patient committed person be
16.13immediately returned to
the a Minnesota sex offender program treatment facility. A report
16.14documenting reasons for revocation shall be issued by the
head of the treatment facility
16.15 executive director within seven days after the
patient committed person is returned to the
16.16treatment facility. Advance notice to the
patient committed person of the revocation
16.17is not required.
16.18(c) The
patient committed person must be provided a copy of the revocation report
16.19and informed, orally and in writing, of the rights of a
patient committed person under this
16.20section. The revocation report shall be served upon the
patient committed person, the
16.21patient's committed person's counsel, and the
designated agency county attorneys of the
16.22county of commitment and the county of financial responsibility. The report shall outline
16.23the specific reasons for the revocation, including but not limited to the specific facts upon
16.24which the revocation
recommendation is based.
16.25(d) An individual who is revoked from provisional discharge must successfully
16.26re-petition the special review board and judicial appeal panel prior to being placed back
16.27on provisional discharge.
16.28 Subd. 16.
Return of absent patient person. (a) If a
patient committed person is
16.29absent without authorization, including failure to return to the custody of the Minnesota
16.30sex offender program upon the revocation of a provisional discharge, the
head of the
16.31treatment facility or designee executive director shall report the absence to the local law
16.32enforcement agency. The
head of the treatment facility executive director shall inform the
16.33committing court of the revocation or absence, and the committing court or other district
16.34court shall issue an order for the apprehension and holding of the
patient committed
16.35person by a peace officer in any jurisdiction and transportation of the
patient committed
17.1person to a facility operated by the Minnesota sex offender program or otherwise returned
17.2to the custody of the Minnesota sex offender program.
17.3(b) An employee of the Department of Human Services may apprehend, detain, or
17.4transport an absent
patient committed person at
anytime any time. The immunity provided
17.5under section
253B.23, subdivision 4, applies to the apprehension, detention, and transport
17.6of an absent
patient committed person.
17.7(c) Upon receiving either the report or the apprehend and hold order in paragraph
17.8(a), a law enforcement agency shall enter information on the
patient committed person
17.9 into the missing persons file of the National Crime Information Center database according
17.10to the missing persons practices. Where probable cause exists of a violation of section
17.11609.485
, a law enforcement agency shall also seek a felony arrest warrant and enter the
17.12warrant in the National Crime Information Center database.
17.13(d) For the purposes of ensuring public safety and the apprehension of an absent
17.14patient committed person, and notwithstanding state and federal data privacy laws, the
17.15Minnesota sex offender program shall disclose information about the absent
patient
17.16 committed person relevant to the
patient's person's apprehension and return to law
17.17enforcement agencies where the absent
patient committed person is likely to be located or
17.18likely to travel through and to agencies with statewide jurisdiction.
17.19(e) Upon receiving either the report or the apprehend and hold order in paragraph
17.20(a), a
patient committed person shall be apprehended and held by a peace officer in any
17.21jurisdiction pending return to a facility operated by the Minnesota sex offender program or
17.22otherwise returned to the custody of the Minnesota sex offender program.
17.23(f) A
patient committed person detained solely under this subdivision may be held in
17.24a jail or lockup only if:
17.25(1) there is no other feasible place of detention for the
patient person;
17.26(2) the detention is for less than 24 hours; and
17.27(3) there are protections in place, including segregation of the
patient person, to
17.28ensure the safety of the
patient person.
17.29These limitations do not apply to a
patient committed person being held for criminal
17.30prosecution, including for violation of section
609.485.
17.31(g) If a
patient committed person is detained under this
subdivision section, the
17.32Minnesota sex offender program shall arrange to pick up the
patient person within 24 hours
17.33of the time detention was begun and shall be responsible for securing transportation for the
17.34patient person to a facility operated by the Minnesota sex offender program, as determined
17.35by
its the executive director. The expense of detaining and transporting a
patient
17.36 committed person shall be the responsibility of the Minnesota sex offender program.
18.1(h) Immediately after an absent
patient committed person is apprehended, the
18.2Minnesota sex offender program or the law enforcement agency that apprehended or
18.3returned the absent
patient committed person shall notify the law enforcement agency
18.4that first received the absent
patient committed person report under this
subdivision
18.5 section, and that agency shall cancel the missing persons entry from the National Crime
18.6Information Center computer.
18.7 Subd. 17.
Appeal. Any
patient committed person aggrieved by a revocation
18.8decision or any interested person may petition the special review board within seven
18.9days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of the revocation
18.10report for a review of the revocation. The matter shall be scheduled within 30 days. The
18.11special review board shall review the circumstances leading to the revocation and shall
18.12recommend to the judicial appeal panel whether or not the revocation shall be upheld.
18.13The special review board may also recommend a new provisional discharge at the time
18.14of the revocation hearing.
18.15 Subd. 18.
Discharge. A
patient person who is committed as a
sexual psychopathic
18.16 personality or sexually dangerous person sexually dangerous person or a person with a
18.17sexual psychopathic personality shall not be discharged unless it appears to the satisfaction
18.18of the judicial appeal panel, after a hearing and recommendation by a majority of the
18.19special review board, that the
patient committed person is capable of making an acceptable
18.20adjustment to open society, is no longer dangerous to the public, and is no longer in
18.21need of inpatient treatment and supervision.
18.22In determining whether a discharge shall be recommended, the special review board
18.23and judicial appeal panel shall consider whether specific conditions exist to provide a
18.24reasonable degree of protection to the public and to assist the
patient committed person
18.25 in adjusting to the community. If the desired conditions do not exist, the discharge shall
18.26not be granted.
18.27 Subd. 19.
Aftercare services. (a) The Minnesota sex offender program shall provide
18.28the supervision, aftercare, and case management services for a person under commitment
18.29as
sexual psychopathic personalities and sexually dangerous persons discharged after July
18.301, 1999 a sexually dangerous person or a person with a sexual psychopathic personality.
18.31The designated agency
, as defined in section 253B.02, subdivision 5, shall assist with
18.32client eligibility for public welfare benefits and will provide those services that are
18.33currently available exclusively through county government.
18.34(b) Prior to the date of discharge or provisional discharge of any
patient person
18.35 committed as a
sexual psychopathic personality or sexually dangerous person sexually
18.36dangerous person or a person with a sexual psychopathic personality, the
head of the
19.1treatment facility or designee executive director shall establish a continuing plan of
19.2aftercare services for the
patient committed person, including a plan for medical and
19.3behavioral health services, financial sustainability, housing, social supports, or other
19.4assistance the
patient committed person needs. The Minnesota sex offender program shall
19.5provide case management services and shall assist the
patient committed person in finding
19.6employment, suitable shelter, and adequate medical and behavioral health services and
19.7otherwise assist in the
patient's committed person's readjustment to the community.
19.8 Sec. 8. Minnesota Statutes 2012, section 253B.19, subdivision 2, is amended to read:
19.9 Subd. 2.
Petition; hearing. (a) A person committed as mentally ill and dangerous
19.10to the public under section
253B.18, or the county attorney of the county from which the
19.11person was committed or the county of financial responsibility, may petition the judicial
19.12appeal panel for a rehearing and reconsideration of a decision by the commissioner under
19.13section
253B.18, subdivision 5. The judicial appeal panel must not consider petitions for
19.14relief other than those considered by the commissioner from which the appeal is taken.
19.15The petition must be filed with the Supreme Court within 30 days after the decision of
19.16the commissioner is signed. The hearing must be held within 45 days of the filing of the
19.17petition unless an extension is granted for good cause.
19.18 (b)
A person committed as a sexual psychopathic personality or as a sexually
19.19dangerous person under section
253B.185, or committed as both mentally ill and
19.20dangerous to the public under section
253B.18 and as a sexual psychopathic personality or
19.21as a sexually dangerous person under section
253B.185; the county attorney of the county
19.22from which the person was committed or the county of financial responsibility; or the
19.23commissioner may petition the judicial appeal panel for a rehearing and reconsideration
19.24of a decision of the special review board under section
253B.185, subdivision 9. The
19.25petition must be filed with the Supreme Court within 30 days after the decision is mailed
19.26by the commissioner as required in section
253B.185, subdivision 9, paragraph (f). The
19.27hearing must be held within 180 days of the filing of the petition unless an extension is
19.28granted for good cause. If no party petitions the judicial appeal panel for a rehearing
19.29or reconsideration within 30 days, the judicial appeal panel shall either issue an order
19.30adopting the recommendations of the special review board or set the matter on for a
19.31hearing pursuant to this paragraph.
19.32 (c) For an appeal under paragraph (a)
or (b), the Supreme Court shall refer the
19.33petition to the chief judge of the judicial appeal panel. The chief judge shall notify the
19.34patient, the county attorney of the county of commitment, the designated agency, the
19.35commissioner, the head of the treatment facility, any interested person, and other persons
20.1the chief judge designates, of the time and place of the hearing on the petition. The notice
20.2shall be given at least 14 days prior to the date of the hearing.
20.3 (d) (c) Any person may oppose the petition. The patient, the patient's counsel, the
20.4county attorney of the committing county or the county of financial responsibility, and the
20.5commissioner shall participate as parties to the proceeding pending before the judicial
20.6appeal panel and shall, except when the patient is committed solely as mentally ill and
20.7dangerous, no later than 20 days before the hearing on the petition, inform the judicial
20.8appeal panel and the opposing party in writing whether they support or oppose the petition
20.9and provide a summary of facts in support of their position. The judicial appeal panel may
20.10appoint examiners and may adjourn the hearing from time to time. It shall hear and receive
20.11all relevant testimony and evidence and make a record of all proceedings. The patient,
20.12the patient's counsel, and the county attorney of the committing county or the county of
20.13financial responsibility have the right to be present and may present and cross-examine all
20.14witnesses and offer a factual and legal basis in support of their positions. The petitioning
20.15party seeking discharge or provisional discharge bears the burden of going forward with
20.16the evidence, which means presenting a prima facie case with competent evidence to show
20.17that the person is entitled to the requested relief. If the petitioning party has met this
20.18burden, the party opposing discharge or provisional discharge bears the burden of proof by
20.19clear and convincing evidence that the discharge or provisional discharge should be denied.
20.20A party seeking transfer under section
253B.18, subdivision 6,
or
253B.185, subdivision
20.2111
, must establish by a preponderance of the evidence that the transfer is appropriate.
20.22 Sec. 9.
[253D.01] CITATION.
20.23This chapter may be cited as the "Minnesota Commitment and Treatment Act:
20.24Sexually Dangerous Persons and Sexual Psychopathic Personalities."
20.25 Sec. 10.
[253D.02] DEFINITIONS.
20.26 Subdivision 1. Scope. For the purposes of this chapter, the terms defined in this
20.27section have the meanings given them.
20.28 Subd. 2. Commissioner. "Commissioner" means the commissioner of human
20.29services or the commissioner's designee.
20.30 Subd. 3. Committed person. "Committed person" means an individual committed
20.31under this chapter, or under this chapter and under section 253B.18. It includes individuals
20.32described in section 246B.01, subdivision 1a, and any person committed as a sexually
20.33dangerous person, a person with a psychopathic personality, or a person with a sexual
21.1psychopathic personality under any previous statute including section 526.10 or chapter
21.2253B.
21.3 Subd. 4. Committing court. "Committing court" means the district court where
21.4a petition for commitment was decided.
21.5 Subd. 5. Examiner. "Examiner" has the meaning given in section 253B.02,
21.6subdivision 7.
21.7 Subd. 6. Executive director. "Executive director" has the meaning given in section
21.8246B.01, subdivision 2c.
21.9 Subd. 7. Interested person. "Interested person" has the meaning given in section
21.10253B.02, subdivision 10.
21.11 Subd. 8. Peace officer. "Peace officer" has the meaning given in section 253B.02,
21.12subdivision 16.
21.13 Subd. 9. Respondent. "Respondent" means an individual who is the subject
21.14of a petition for commitment as a sexually dangerous person or a person with a sexual
21.15psychopathic personality.
21.16 Subd. 10. Secure treatment facility. "Secure treatment facility" means the
21.17Minnesota sex offender program facility in Moose Lake and any portion of the Minnesota
21.18sex offender program operated by the Minnesota sex offender program at the Minnesota
21.19Security Hospital, but does not include services or programs administered by the
21.20Minnesota sex offender program outside a secure environment.
21.21 Sec. 11.
[253D.03] GENERAL PROVISIONS.
21.22The provisions of section 253B.23 apply to commitments under this chapter except
21.23where inconsistent with this chapter.
21.24 Sec. 12.
[253D.04] REVIEW BOARD.
21.25The commissioner shall establish a review board under section 253B.22 for facilities
21.26of the Minnesota sex offender program.
21.27 Sec. 13.
[253D.13] PROCEDURES UPON COMMITMENT.
21.28Upon commitment under this chapter, admission procedures shall be carried out
21.29under section 253B.10.
21.30 Sec. 14.
[253D.17] RIGHTS OF COMMITTED PERSONS; GENERALLY.
21.31Persons committed under this chapter have the rights described in section 253B.03,
21.32except as limited under section 253D.19.
22.1 Sec. 15.
[253D.20] RIGHT TO COUNSEL.
22.2A committed person has the right to be represented by counsel at any proceeding
22.3under this chapter. The court shall appoint a qualified attorney to represent the committed
22.4person if neither the committed person nor others provide counsel. The attorney shall
22.5be appointed at the time a petition for commitment is filed. In all proceedings under
22.6this chapter, the attorney shall:
22.7(1) consult with the person prior to any hearing;
22.8(2) be given adequate time and access to records to prepare for all hearings;
22.9(3) continue to represent the person throughout any proceedings under this chapter
22.10unless released as counsel by the court; and
22.11(4) be a vigorous advocate on behalf of the person.
22.12 Sec. 16.
[253D.21] NEUROLEPTIC MEDICATION.
22.13Neuroleptic medications may be administered to a person committed under this
22.14chapter only as provided in section 253B.092.
22.15 Sec. 17.
[253D.23] PASSES.
22.16A committed person may be released on a pass only as provided by section 253B.18,
22.17subdivisions 4a and 4b.
22.18 Sec. 18.
[253D.28] JUDICIAL APPEAL PANEL.
22.19 Subdivision 1. Rehearing and reconsideration. (a) A person committed as a
22.20sexually dangerous person or a person with a sexual psychopathic personality under
22.21section
253B.185, or committed as both mentally ill and dangerous to the public under
22.22section
253B.18 and as a sexually dangerous person or a person with a sexual psychopathic
22.23personality under this chapter; the county attorney of the county from which the person was
22.24committed or the county of financial responsibility; or the commissioner may petition the
22.25judicial appeal panel established under section 253B.19, subdivision 1, for a rehearing and
22.26reconsideration of a recommendation of the special review board under section 253D.27.
22.27(b) The petition must be filed with the Supreme Court within 30 days after
22.28the recommendation is mailed by the commissioner as required in section 253D.27,
22.29subdivision 4. The hearing must be held within 180 days of the filing of the petition
22.30unless an extension is granted for good cause.
22.31(c) If no party petitions the judicial appeal panel for a rehearing or reconsideration
22.32within 30 days, the judicial appeal panel shall either issue an order adopting the
23.1recommendations of the special review board or set the matter on for a hearing pursuant
23.2to this section.
23.3 Subd. 2. Procedure. (a) The Supreme Court shall refer a petition for rehearing and
23.4reconsideration to the chief judge of the judicial appeal panel. The chief judge shall notify
23.5the committed person, the county attorneys of the county of commitment and county of
23.6financial responsibility, the commissioner, the executive director, any interested person,
23.7and other persons the chief judge designates, of the time and place of the hearing on the
23.8petition. The notice shall be given at least 14 days prior to the date of the hearing.
23.9 (b) Any person may oppose the petition. The committed person, the committed
23.10person's counsel, the county attorneys of the committing county and county of financial
23.11responsibility, and the commissioner shall participate as parties to the proceeding pending
23.12before the judicial appeal panel and shall, no later than 20 days before the hearing on the
23.13petition, inform the judicial appeal panel and the opposing party in writing whether they
23.14support or oppose the petition and provide a summary of facts in support of their position.
23.15(c) The judicial appeal panel may appoint examiners and may adjourn the hearing
23.16from time to time. It shall hear and receive all relevant testimony and evidence and make
23.17a record of all proceedings. The committed person, the committed person's counsel, and
23.18the county attorney of the committing county or the county of financial responsibility have
23.19the right to be present and may present and cross-examine all witnesses and offer a factual
23.20and legal basis in support of their positions.
23.21(d) The petitioning party seeking discharge or provisional discharge bears the
23.22burden of going forward with the evidence, which means presenting a prima facie case
23.23with competent evidence to show that the person is entitled to the requested relief. If
23.24the petitioning party has met this burden, the party opposing discharge or provisional
23.25discharge bears the burden of proof by clear and convincing evidence that the discharge or
23.26provisional discharge should be denied.
23.27(e) A party seeking transfer under section 253D.29 must establish by a preponderance
23.28of the evidence that the transfer is appropriate.
23.29 Subd. 3. Decision. A majority of the judicial appeal panel shall rule upon the
23.30petition. The panel shall consider the petition de novo. No order of the judicial appeal
23.31panel granting a transfer, discharge, or provisional discharge shall be made effective
23.32sooner than 15 days after it is issued. The panel may not consider petitions for relief
23.33other than those considered by the special review board from which the appeal is taken.
23.34The judicial appeal panel may not grant a transfer or provisional discharge on terms or
23.35conditions that were not presented to the special review board.
24.1 Subd. 4. Appeal. A party aggrieved by an order of the appeal panel may appeal that
24.2order as provided under section 253B.19, subdivision 5.
24.3 Sec. 19.
[253D.36] DISCHARGE; ADMINISTRATIVE PROCEDURES.
24.4Upon discharge from commitment under this chapter, administrative procedures
24.5shall be carried out, to the extent applicable, under section 253B.20.
24.6 Sec. 20.
COURT RULES.
24.7Nothing in this act shall be construed to change the application of the Special Rules of
24.8Procedure Governing Proceedings under the Minnesota Commitment and Treatment Act.
24.9 Sec. 21.
CONSTRUCTION.
24.10Nothing in this act shall be construed to create grounds for relief or a cause of
24.11action for persons previously committed under Minnesota Statutes, chapter 253B, or its
24.12predecessors. Nothing in this act shall be construed to make any substantive change in
24.13the provisions of chapter 253B relating to the treatment, commitment, and procedures
24.14applicable to a chemically dependent person, person who is mentally ill, person who is
24.15developmentally disabled, or person who is mentally ill and dangerous to the public.
24.16 Sec. 22.
REVISOR'S INSTRUCTION.
24.17(a) The revisor of statutes shall renumber each section of Minnesota Statutes listed
24.18in column A with the number listed in column B. The revisor shall also make necessary
24.19cross-reference changes in Minnesota Statutes and Minnesota Rules consistent with the
24.20renumbering.
24.21
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Column A
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Column B
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24.22
|
253B.02, subd. 7a
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253D.02, subd. 7
|
24.23
|
253B.02, subd. 18b
|
253D.02, subd. 11
|
24.24
|
253B.02, subd. 18c
|
253D.02, subd. 12
|
24.25
|
253B.02, subd. 24
|
253D.02, subd. 2
|
24.26
|
253B.02, subd. 25
|
253D.02, subd. 8
|
24.27
|
253B.02, subd. 26
|
253D.02, subd. 10
|
24.28
|
253B.03, subd. 1a
|
253D.18
|
24.29
|
253B.045, subd. 1a
|
253D.10, subd. 2
|
24.30
|
253B.185, subd. 1, paragraph (a)
|
253D.07, subd. 1
|
24.31
|
253B.185, subd. 1, paragraph (b)
|
253D.07, subd. 2
|
24.32
|
253B.185, subd. 1, paragraph (c)
|
253D.07, subd. 3
|
24.33
|
253B.185, subd. 1, paragraph (d)
|
253D.07, subd. 4
|
24.34
|
253B.185, subd. 1a
|
253D.10, subd. 1
|
25.1
|
253B.185, subd. 1b
|
253D.08
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25.2
|
253B.185, subd. 2
|
253D.22
|
25.3
|
253B.185, subd. 3
|
253D.07, subd. 5
|
25.4
|
253B.185, subd. 4, paragraph (a)
|
253D.11, subd. 1
|
25.5
|
253B.185, subd. 4, paragraph (b)
|
253D.11, subd. 2
|
25.6
|
253B.185, subd. 5, paragraph (a)
|
253D.12, subd. 1
|
25.7
|
253B.185, subd. 5, paragraph (b)
|
253D.12, subd. 2
|
25.8
|
253B.185, subd. 5, paragraph (c)
|
253D.12, subd. 3
|
25.9
|
253B.185, subd. 5, paragraph (d)
|
253D.12, subd. 4
|
25.10
|
253B.185, subd. 7, paragraph (a)
|
253D.19, subd. 1
|
25.11
|
253B.185, subd. 7, paragraph (b)
|
253D.19, subd. 2
|
25.12
|
253B.185, subd. 8
|
253D.09
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25.13
|
253B.185, subd. 9, paragraph (a)
|
253D.27, subd. 1, paragraph (a)
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25.14
|
253B.185, subd. 9, paragraph (b)
|
253D.27, subd. 1, paragraph (b)
|
25.15
|
253B.185, subd. 9, paragraph (c)
|
253D.27, subd. 2
|
25.16
|
253B.185, subd. 9, paragraph (d)
|
253D.27, subd. 3, paragraph (a)
|
25.17
|
253B.185, subd. 9, paragraph (e)
|
253D.27, subd. 3, paragraph (b)
|
25.18
|
253B.185, subd. 9, paragraph (f)
|
253D.27, subd. 4
|
25.19
|
253B.185, subd. 10, paragraph (a)
|
253D.14, subd. 1
|
25.20
|
253B.185, subd. 10, paragraph (b)
|
253D.14, subd. 2
|
25.21
|
253B.185, subd. 10, paragraph (c)
|
253D.14, subd. 3
|
25.22
|
253B.185, subd. 10, paragraph (d)
|
253D.14, subd. 4
|
25.23
|
253B.185, subd. 10, paragraph (e)
|
253D.14, subd. 5
|
25.24
|
253B.185, subd. 10a, paragraph (a)
|
253D.32, subd. 1
|
25.25
|
253B.185, subd. 10a, paragraph (b)
|
253D.32, subd. 2, paragraph (a)
|
25.26
|
253B.185, subd. 10a, paragraph (c)
|
253D.32, subd. 2, paragraph (b)
|
25.27
|
253B.185, subd. 10a, paragraph (d)
|
253D.32, subd. 2, paragraph (c)
|
25.28
|
253B.185, subd. 10a, paragraph (e)
|
253D.32, subd. 2, paragraph (d)
|
25.29
|
253B.185, subd. 10a, paragraph (f)
|
253D.32, subd. 3
|
25.30
|
253B.185, subd. 11
|
253D.29, subd. 1
|
25.31
|
253B.185, subd. 11a
|
253D.29, subd. 2
|
25.32
|
253B.185, subd. 11b
|
253D.29, subd. 3
|
25.33
|
253B.185, subd. 12
|
253D.30, subd. 1
|
25.34
|
253B.185, subd. 13
|
253D.30, subd. 2
|
25.35
|
253B.185, subd. 14
|
253D.30, subd. 3
|
25.36
|
253B.185, subd. 14a
|
253D.30, subd. 4
|
25.37
|
253B.185, subd. 15
|
253D.30, subd. 5
|
25.38
|
253B.185, subd. 16, paragraph (a)
|
253D.24, subd. 1
|
25.39
|
253B.185, subd. 16, paragraph (b)
|
253D.24, subd. 2
|
25.40
|
253B.185, subd. 16, paragraph (c)
|
253D.24, subd. 3
|
25.41
|
253B.185, subd. 16, paragraph (d)
|
253D.24, subd. 4
|
25.42
|
253B.185, subd. 16, paragraph (e)
|
253D.24, subd. 5
|
25.43
|
253B.185, subd. 16, paragraph (f)
|
253D.24, subd. 6
|
26.1
|
253B.185, subd. 16, paragraph (g)
|
253D.24, subd. 7
|
26.2
|
253B.185, subd. 16, paragraph (h)
|
253D.24, subd. 8
|
26.3
|
253B.185, subd. 17
|
253D.30, subd. 6
|
26.4
|
253B.185, subd. 18
|
253D.31
|
26.5
|
253B.185, subd. 19, paragraph (a)
|
253D.35, subd. 1
|
26.6
|
253B.185, subd. 19, paragraph (b)
|
253D.35, subd. 2
|
26.7
|
253D.02, subd. 2
|
253D.02, subd. 3
|
26.8
|
253D.02, subd. 3
|
253D.02, subd. 4
|
26.9
|
253D.02, subd. 4
|
253D.02, subd. 5
|
26.10
|
253D.02, subd. 5
|
253D.02, subd. 6
|
26.11
|
253D.02, subd. 6
|
253D.02, subd. 9
|
26.12(b) The revisor of statutes, in consultation with the Minnesota sex offender program
26.13in the Department of Human Services, shall make necessary language changes to clarify
26.14and conform statutory provisions relating to the Minnesota sex offender program in
26.15Minnesota Statutes with this act."
26.16Delete the title and insert:
26.18relating to human services; distinguishing and clarifying law regarding civil
26.19commitment of sexually dangerous persons and persons with sexual psychopathic
26.20personalities from other civil commitments;amending Minnesota Statutes 2012,
26.21sections 253B.02, subdivisions 18a, 24; 253B.03, subdivision 1a; 253B.045,
26.22subdivision 1a; 253B.092, subdivision 1; 253B.17, subdivision 1; 253B.185;
26.23253B.19, subdivision 2; proposing coding for new law as Minnesota Statutes,
26.24chapter 253D."