Facility name offender program provision

A civil court can commit a person for sex offender treatment if a judge determines the individual is a "sexual psychopathic personality," a "sexually dangerous person," or both. As of Nov. Another 33 clients who have been provisionally discharged by the court were living in Minnesota communities under MSOP supervision. Program statistics are updated quarterly. Most clients begin treatment in Moose Lake and transfer to St. Peter as they progress in treatment.

In St. Peter, clients complete treatment and work toward their release. MSOP staff observe and monitor clients in all aspects of daily living, including group therapy. If the respondent 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 respondent is a sexually dangerous person or a person with a sexual psychopathic personality, all of the applicable procedures contained in sections B. If the court finds by clear and convincing evidence that the respondent is a sexually dangerous person or a person with a sexual psychopathic personality, the court shall commit the person to a secure treatment facility unless the person establishes by clear and convincing evidence that a less restrictive treatment program is available, is willing to accept the respondent under commitment, and is consistent with the person's treatment needs and the requirements of public safety.

After a determination that a respondent is a sexually dangerous person or a person with a sexual psychopathic personality, the court shall order commitment for an indeterminate period of time and the committed person shall be transferred, provisionally discharged, or discharged, only as provided in this chapter. 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.

Notwithstanding sections The court may grant the motion if: 1 the Department of Corrections refers the case for commitment of a sexually dangerous person or a person with a sexual psychopathic personality; or 2 upon a showing that the requested category of data or records may be relevant to the determination by the county attorney or designee. The court shall decide a motion under this section within 48 hours after a hearing on the motion.

Notice to the proposed committed person need not be given upon a showing that such notice may result in harm or harassment of interested persons or potential witnesses.

Notwithstanding any provision of chapter 13 or other state law, a county attorney considering the civil commitment of a person under this chapter may obtain records and data from the Department of Corrections or any probation or parole agency in this state upon request, without a court order, for the purpose of determining whether good cause exists to file a petition and, if a petition is filed, to support the allegations set forth in the petition.

At the time of the request for the records, the county attorney shall provide notice of the request to the person who is the subject of the records. Data collected pursuant to this section shall retain their original status and, if not public, are inadmissible in any court proceeding unrelated to civil commitment, unless otherwise permitted.

During any hearing held under this chapter, or pending revocation of a provisional discharge, the court may order the committed person or proposed committed person temporarily confined in a jail or lockup but only if:. The order confining the person in the Department of Corrections facility shall remain in effect until the court vacates the order or the person's criminal sentence and conditional release term expire.

In no case may the person be held in a Department of Corrections facility pursuant only to this subdivision, and not pursuant to any separate correctional authority, for more than days. The court shall order the person transferred to a secure treatment facility within 15 days of the date that the notice of revocation was filed with the court, except that, if the person has additional time to serve in prison at the end of the day period, the person shall not be transferred to a secure treatment facility until the person's prison term expires.

After a person has revoked an election to remain in a Department of Corrections facility under this subdivision, the court may not adopt another election to remain in a Department of Corrections facility without the agreement of both parties and the Department of Corrections.

If a person confined in a Department of Corrections facility pursuant to this provision reaches the person's supervised release date and is subject to a period of conditional release, the period of conditional release shall commence on the supervised release date even though the person remains in the Department of Corrections facility pursuant to this provision. At the end of the later of the executed sentence or any applicable conditional release period, the person shall be transferred to a secure treatment facility.

This section must be construed in a manner consistent with the provisions of section The funds received by the commissioner for the confinement and nonconfinement costs are appropriated to the department for these purposes. If a person makes such an election under this paragraph, the court hold order shall specify the terms of the agreement, including the conditions for revoking the election.

The supreme court may establish a panel of district judges with statewide authority to preside over commitment proceedings of sexually dangerous persons or persons with sexual psychopathic personalities. 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. If the supreme court creates the judicial panel authorized by this section, all petitions for civil commitment brought under section D. Otherwise, all of the other applicable procedures contained in this chapter and sections B. For purposes of this section, "state facility" has the meaning given in section The county shall submit an invoice to the state court administrator for reimbursement of the state's share of the cost of confinement.

Notwithstanding subdivision 2, the state's responsibility for reimbursement is limited to the amount appropriated for this purpose. Upon commitment under this chapter, admission procedures shall be carried out under section B. A county attorney who files a petition to commit a person under this chapter shall make a reasonable effort to provide prompt notice of filing the petition to any victim of a crime for which the person was convicted or was listed as a victim in the petition of commitment.

In addition, the county attorney shall make a reasonable and good faith effort to promptly notify the victim of the resolution of the process for requesting the notification of an individual's change in status as provided in section D. A victim may request notification of an individual's discharge or release as outlined in subdivision 3 by submitting a written request for notification to the executive director of the facility in which the individual is confined.

The Department of Corrections or a county attorney who receives a request for notification from a victim under this section following an individual's civil commitment shall promptly forward the request to the executive director of the treatment facility in which the individual is confined. Before provisionally discharging, discharging, granting pass-eligible status, approving a pass plan, or otherwise permanently or temporarily releasing a person committed under this chapter from a treatment facility, the executive director shall make a reasonable effort to notify any victim of a crime for which the person was convicted that the person may be discharged or released and that the victim has a right to submit a written statement regarding decisions of the executive director, or special review board, with respect to the person.

To the extent possible, the notice must be provided at least 14 days before any special review board hearing or before a determination on a pass plan. Notwithstanding section A. The judicial appeal panel shall ensure that the data on victims remains private as provided for in section A. This subdivision applies only to victims who have submitted a written request for notification as provided in subdivision 2a. Rights under this section are in addition to rights available to a victim under chapter A.

This provision does not give a victim all the rights of a "notified person" or a person "entitled to statutory notice" under section B. Persons committed under this chapter have the rights described in section B. Administrative restriction shall not be used for the convenience of staff, for retaliation for filing complaints, or as a substitute for program treatment.

Administrative restriction may not involve any further deprivation of privileges than is necessary. The committed person must be released from administrative restriction if a police agency does not begin an investigation within 72 hours of the report. If the committed person is charged with a crime following the investigation, administrative restriction may continue until the charge is disposed of. The policies and procedures shall identify the implementation and termination of administrative restrictions.

Use of administration restriction and the reason associated with the use shall be documented in the committed person's medical record. The commissioner may limit the statutory rights described in subdivision 2 for persons committed to the Minnesota Sex Offender Program under this chapter or with the commissioner's consent under section B.

The statutory rights described in subdivision 2 may be limited only as necessary to maintain a therapeutic environment or the security of the facility or to protect the safety and well-being of committed persons, staff, and the public. The statutory rights that may be limited in accordance with subdivision 1 are those set forth in section Other statutory rights enumerated by sections A committed person has the right to be represented by counsel at any proceeding under this chapter.

The court shall appoint a qualified attorney to represent the committed person if neither the committed person nor others provide counsel.

The attorney shall be appointed at the time a petition for commitment is filed. In all proceedings under this chapter, the attorney shall:. Neuroleptic medications may be administered to a person committed under this chapter only as provided in section B. After the person has served the sentence, the person shall be transferred to a treatment program designated by the commissioner of human services. A committed person may be released on a pass only as provided by section B. If a committed person is absent without authorization, including failure to return to the custody of the Minnesota Sex Offender Program upon the revocation of a provisional discharge, the executive director shall report the absence to the local law enforcement agency.

The executive director shall inform the committing court of the revocation or absence, and the committing court or other district court shall issue an order for the apprehension and holding of the committed person by a peace officer in any jurisdiction and transportation of the committed person to a facility operated by the Minnesota Sex Offender Program or otherwise returned to the custody of the Minnesota Sex Offender Program.

An employee of the Department of Human Services may apprehend, detain, or transport an absent committed person at any time. The immunity provided under section B. Upon receiving either the report or the apprehend and hold order in subdivision 1, a law enforcement agency shall enter information on the committed person into the missing persons file of the National Crime Information Center database according to the missing persons practices.

Where probable cause exists of a violation of section For the purposes of ensuring public safety and the apprehension of an absent committed person, and notwithstanding state and federal data privacy laws, the Minnesota Sex Offender Program shall disclose information about the absent committed person relevant to the person's apprehension and return to law enforcement agencies where the absent committed person is likely to be located or likely to travel through and to agencies with statewide jurisdiction.

Upon receiving either the report or the apprehend and hold order in subdivision 1, a committed person shall be apprehended and held by a peace officer in any jurisdiction pending return to a facility operated by the Minnesota Sex Offender Program or otherwise returned to the custody of the Minnesota Sex Offender Program. These limitations do not apply to a committed person being held for criminal prosecution, including for violation of section If a committed person is detained under this section, the Minnesota Sex Offender Program shall arrange to pick up the person within 24 hours of the time detention was begun and shall be responsible for securing transportation for the person to a facility operated by the Minnesota Sex Offender Program, as determined by the executive director.

The expense of detaining and transporting a committed person shall be the responsibility of the Minnesota Sex Offender Program. Immediately after an absent committed person is apprehended, the Minnesota Sex Offender Program or the law enforcement agency that apprehended or returned the absent committed person shall notify the law enforcement agency that first received the absent committed person report under this section, and that agency shall cancel the missing persons entry from the National Crime Information Center computer.

The procedures in section D. A reduction in custody is considered to be a commitment proceeding under section 8. A petition for a reduction in custody or an appeal of a revocation of provisional discharge may be filed by either the committed person or by the executive director and must be filed with and considered by a panel of the special review board authorized under section B. A committed person may not petition the special review board any sooner than six months following either:. The executive director may petition at any time.

The special review board proceedings are not contested cases as defined in chapter Fourteen days before the hearing, the committing court, the county attorney of the county of commitment, the county attorney of the county of financial responsibility, an interested person, the petitioner and the petitioner's counsel, and the committed person and the committed person's counsel must be given written notice by the commissioner of the time and place of the hearing before the special review board.

Only those entitled to statutory notice of the hearing or those administratively required to attend may be present at the hearing. The committed person may designate interested persons to receive notice by providing the names and addresses to the commissioner at least 21 days before the hearing. The special review board must consider any statements received from victims under section D. Within 30 days of the hearing, the special review board shall issue a report with written findings of fact and shall recommend denial or approval of the petition to the judicial appeal panel established under section B.

The commissioner shall forward the report of the special review board to the judicial appeal panel and to every person entitled to statutory notice. No reduction in custody or reversal of a revocation of provisional discharge recommended by the special review board is effective until it has been reviewed by the judicial appeal panel and until 15 days after an order from the judicial appeal panel affirming, modifying, or denying the recommendation. The hearing must be held within days of the filing of the petition unless an extension is granted for good cause.

The chief judge shall notify the committed person, the county attorneys of the county of commitment and county of financial responsibility, the commissioner, the executive director, any interested person, and other persons the chief judge designates, of the time and place of the hearing on the petition. The notice shall be given at least 14 days prior to the date of the hearing. The hearing may be conducted by interactive video conference under General Rules of Practice, rule , and Minnesota Rules of Civil Commitment, rule The committed person, the committed person's counsel, the county attorneys of the committing county and county of financial responsibility, and the commissioner shall participate as parties to the proceeding pending before the judicial appeal panel and shall, no later than 20 days before the hearing on the petition, inform the judicial appeal panel and the opposing party in writing whether they support or oppose the petition and provide a summary of facts in support of their position.

It shall hear and receive all relevant testimony and evidence and make a record of all proceedings. The committed person, the committed person's counsel, and the county attorney of the committing county or the county of financial responsibility have the right to be present and may present and cross-examine all witnesses and offer a factual and legal basis in support of their positions.

If the petitioning party has met this burden, the party opposing discharge or provisional discharge bears the burden of proof by clear and convincing evidence that the discharge or provisional discharge should be denied. A majority of the judicial appeal panel shall rule upon the petition. The panel shall consider the petition de novo. No order of the judicial appeal panel granting a transfer, discharge, or provisional discharge shall be made effective sooner than 15 days after it is issued.

The panel may not consider petitions for relief other than those considered by the special review board from which the appeal is taken. The judicial appeal panel may not grant a transfer or provisional discharge on terms or conditions that were not presented to the special review board. A party aggrieved by an order of the appeal panel may appeal that order as provided under section B. Transfer may be to other treatment programs under the commissioner's control.

The committed person shall immediately be notified in writing of the revocation. The special review board shall review the circumstances of the revocation and shall recommend to the judicial appeal panel whether or not the revocation shall be upheld.

The special review board may also recommend a new transfer at the time of the revocation hearing. A report documenting reasons for revocation shall be issued by the executive director within seven days after the committed person is returned to the secure treatment facility. Advance notice to the committed person of the revocation is not required.

The revocation report shall be served upon the committed person and the committed person's counsel. The report shall outline the specific reasons for the revocation including, but not limited to, the specific facts upon which the revocation is based.

The matter shall be scheduled within 30 days. The special review board shall review the circumstances leading to the revocation and, after considering the factors in subdivision 1, paragraph b , shall recommend to the judicial appeal panel whether or not the revocation shall be upheld. The special review board may also recommend a new transfer out of a secure facility at the time of the revocation hearing.