Bill Text: MN HF1478 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Minnesota sex offender program provisions modified.
Sponsorship: Bipartisan Bill
Status: (Introduced - Dead) 2011-05-21 - HF indefinitely postponed [HF1478 Detail]
Download: Minnesota-2011-HF1478-Introduced.html
1.2relating to human services; modifying certain provisions regarding the Minnesota
1.3sex offender program;amending Minnesota Statutes 2010, sections 253B.141,
1.4subdivision 2; 253B.185, subdivisions 1, 16, by adding subdivisions; 253B.19,
1.5subdivision 2; 609.485, subdivision 2.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2010, section 253B.185, is amended by adding a
1.10subdivision to read:
1.11 Subd. 11a. Transfer; voluntary readmission to a secure facility. (a) After a
1.12patient has been transferred out of a secure facility pursuant to subdivision 11 and with the
1.13consent of the executive director of the Minnesota sex offender program, a patient may
1.14voluntarily return to a secure facility operated by the Minnesota sex offender program for
1.15a period of up to 60 days.
1.16(b) If the patient is not returned to the facility to which the patient was originally
1.17transferred pursuant to subdivision 11 within 60 days of being readmitted to a secure
1.18facility, the transfer is revoked and the patient shall remain in a secure facility. The patient
1.19shall immediately be notified in writing of the revocation.
1.20(c) Within 15 days of receiving notice of the revocation, the patient may petition
1.21the special review board for a review of the revocation. The special review board shall
1.22review the circumstances of the revocation and shall recommend to the judicial appeal
1.23panel whether or not the revocation shall be upheld. The special review board may also
1.24recommend a new transfer at the time of the revocation hearing.
2.1(d) If the transfer has not been revoked and the patient is to be returned to the
2.2facility to which the patient was originally transferred pursuant to subdivision 11, with no
2.3substantive change to the conditions of the transfer ordered pursuant to subdivision 11, no
2.4action by the special review board or judicial appeal panel is required.
2.5 Sec. 2. Minnesota Statutes 2010, section 253B.185, is amended by adding a
2.6subdivision to read:
2.7 Subd. 11b. Transfer; revocation. (a) The executive director of the Minnesota sex
2.8offender program or designee may revoke a transfer made pursuant to subdivision 11 and
2.9require a patient to return to a secure treatment facility if:
2.10(1) remaining in a nonsecure setting will not provide a reasonable degree of safety to
2.11the patient or others; or
2.12(2) the patient has regressed in clinical progress so that the facility to which the
2.13patient was transferred is no longer sufficient to meet the patient's needs.
2.14(b) Upon the revocation of the transfer, the patient shall be immediately returned to a
2.15secure treatment facility. A report documenting reasons for revocation shall be issued by
2.16the executive director or designee within seven days after the patient is returned to the
2.17secure treatment facility. Advance notice to the patient of the revocation is not required.
2.18(c) The patient must be provided a copy of the revocation report and informed, orally
2.19and in writing, of the rights of a patient under this subdivision. The revocation report shall
2.20be served upon the patient and the patient's counsel. The report shall outline the specific
2.21reasons for the revocation including, but not limited to, the specific facts upon which
2.22the revocation recommendation is based.
2.23(d) A patient whose transfer is revoked must successfully re-petition the special
2.24review board and judicial appeal panel prior to being transferred out of a secure facility.
2.25(e) Any patient aggrieved by a transfer revocation decision may petition the special
2.26review board within seven days, exclusive of Saturdays, Sundays, and legal holidays,
2.27after receipt of the revocation report for a review of the revocation. The matter shall
2.28be scheduled within 30 days. The special review board shall review the circumstances
2.29leading to the revocation and, after considering the factors in subdivision 11, paragraph
2.30(b), shall recommend to the judicial appeal panel whether or not the revocation shall be
2.31upheld. The special review board may also recommend a new transfer out of a secure
2.32facility at the time of the revocation hearing.
2.33 Sec. 3. Minnesota Statutes 2010, section 253B.185, is amended by adding a
2.34subdivision to read:
3.1 Subd. 14a. Provisional discharge; voluntary readmission. (a) With the consent of
3.2the executive director of the Minnesota sex offender program, a patient may voluntarily
3.3return to the Minnesota sex offender program from provisional discharge for a period of
3.4up to 60 days
3.5(b) If the patient is not returned to provisional discharge status within 60 days of
3.6being readmitted to the Minnesota sex offender program, the provisional discharge is
3.7revoked. The patient shall immediately be notified of the revocation in writing. Within 15
3.8days of receiving notice of the revocation, the patient may request a review of the matter
3.9before the special review board. The special review board shall review the circumstances
3.10of the revocation and, after applying the standards in subdivision 15, paragraph (a), shall
3.11recommend to the judicial appeal panel whether or not the revocation shall be upheld. The
3.12board may recommend a return to provisional discharge status.
3.13(c) If the provisional discharge has not been revoked and the patient is to be returned
3.14to provisional discharge, the Minnesota sex offender program is not required to petition for
3.15a further review by the special review board unless the patient's return to the community
3.16results in substantive change to the existing provisional discharge plan.
3.17 Sec. 4. EFFECTIVE DATE.
3.18Sections 1 to 3 are effective the day following final enactment.
3.21 Section 1. Minnesota Statutes 2010, section 253B.141, subdivision 2, is amended to
3.22read:
3.23 Subd. 2. Apprehension; return to facility. (a) Upon receiving the report of
3.24absence from the head of the treatment facility or the committing court, a patient may be
3.25apprehended and held by a peace officer in any jurisdiction pending return to the facility
3.26from which the patient is absent without authorization. A patient may also be returned to
3.27any facility operated by the commissioner. A person who is mentally ill and dangerous, a
3.28sexual psychopathic personality patient, or a sexually dangerous person committed under
3.29section
253B.18
3.30(1) there is no other feasible place of detention for the patient;
3.31(2) the detention is for less than 24 hours; and
3.32(3) there are protections in place, including segregation of the patient, to ensure
3.33the safety of the patient.
4.1(b) If a patient is detained under this subdivision, the head of the treatment facility
4.2from which the patient is absent shall arrange to pick up the patient within 24 hours of
4.3the time detention was begun and shall be responsible for securing transportation for the
4.4patient to the facility. The expense of detaining and transporting a patient shall be the
4.5responsibility of the treatment facility from which the patient is absent. The expense of
4.6detaining and transporting a patient to a treatment facility operated by the Department of
4.7Human Services shall be paid by the commissioner unless paid by the patient or persons
4.8on behalf of the patient.
4.9 Sec. 2. Minnesota Statutes 2010, section 253B.185, subdivision 16, is amended to read:
4.10 Subd. 16. Return of absent patient. (a) Ifthe a patient is absent without
4.11authorization, including failure to return to the custody of the Minnesota sex offender
4.12program upon the revocation of a provisional discharge, the head of the treatment facility
4.13or designeemay request a peace officer to return the patient to the treatment facility
4.14shall report the absence to the local law enforcement agency. The head of the treatment
4.15facility shall inform the committing court of the revocation or absence, and the committing
4.16court or other district court shalldirect a peace officer in the county where the patient is
4.17located to return the patient to the treatment facility or to another treatment facility. The
4.18expense of returning the patient to a treatment facility shall be paid by the commissioner
4.19unless paid by the patient or other persons on the patient's behalf issue an order for
4.20the apprehension and holding of the patient by a peace officer in any jurisdiction and
4.21transportation of the patient to a facility operated by the Minnesota sex offender program
4.22or otherwise returned to the custody of the Minnesota sex offender program.
4.23(b) An employee of the Department of Human Services may apprehend, detain, or
4.24transport an absent patient at anytime. The immunity provided under section 253B.23,
4.25subdivision 4, applies to the apprehension, detention, and transport of an absent patient.
4.26(c) Upon receiving either the report or the apprehend and hold order in paragraph
4.27(a), a law enforcement agency shall enter information on the patient into the missing
4.28persons file of the National Crime Information Center database according to the missing
4.29persons practices. Where probable cause exists of a violation of section 609.485, a law
4.30enforcement agency shall also seek a felony arrest warrant and enter the warrant in the
4.31National Crime Information Center database.
4.32(d) For the purposes of ensuring public safety and the apprehension of an absent
4.33patient, and notwithstanding state and federal data privacy laws, the Minnesota sex
4.34offender program shall disclose information about the absent patient relevant to the
5.1patient's apprehension and return to law enforcement agencies where the absent patient is
5.2likely to be located or likely to travel through and to agencies with statewide jurisdiction.
5.3(e) Upon receiving either the report or the apprehend and hold order in paragraph
5.4(a), a patient shall be apprehended and held by a peace officer in any jurisdiction pending
5.5return to a facility operated by the Minnesota sex offender program or otherwise returned
5.6to the custody of the Minnesota sex offender program.
5.7(f) A patient detained solely under this subdivision may be held in a jail or lockup
5.8only if:
5.9(1) there is no other feasible place of detention for the patient;
5.10(2) the detention is for less than 24 hours; and
5.11(3) there are protections in place, including segregation of the patient, to ensure
5.12the safety of the patient.
5.13These limitations do not apply to a patient being held for criminal prosecution,
5.14including for violation of section 609.485.
5.15(g) If a patient is detained under this subdivision, the Minnesota sex offender
5.16program shall arrange to pick up the patient within 24 hours of the time detention was
5.17begun and shall be responsible for securing transportation for the patient to a facility
5.18operated by the Minnesota sex offender program, as determined by its executive director.
5.19The expense of detaining and transporting a patient shall be the responsibility of the
5.20Minnesota sex offender program.
5.21(h) Immediately after an absent patient is apprehended, the Minnesota sex offender
5.22program or the law enforcement agency that apprehended or returned the absent patient
5.23shall notify the law enforcement agency that first received the absent patient report under
5.24this subdivision, and that agency shall cancel the missing persons entry from the National
5.25Crime Information Center computer.
5.26 Sec. 3. Minnesota Statutes 2010, section 609.485, subdivision 2, is amended to read:
5.27 Subd. 2. Acts prohibited. Whoever does any of the following may be sentenced as
5.28provided in subdivision 4:
5.29(1) escapes while held pursuant to a lawful arrest, in lawful custody on a charge or
5.30conviction of a crime, or while held in lawful custody on an allegation or adjudication
5.31of a delinquent act;
5.32(2) transfers to another, who is in lawful custody on a charge or conviction of a
5.33crime, or introduces into an institution in which the latter is confined, anything usable in
5.34making such escape, with intent that it shall be so used;
6.1(3) having another in lawful custody on a charge or conviction of a crime,
6.2intentionally permits the other to escape;
6.3(4) escapes while in a facility designated under section253B.18, subdivision 1 ,
6.4pursuant to a court commitment order after a finding of not guilty by reason of mental
6.5illness or mental deficiency of a crime against the person, as defined in section253B.02,
6.6subdivision 4a . Notwithstanding section
609.17 , no person may be charged with or
6.7convicted of an attempt to commit a violation of this clause;
6.8(5) escapes while in or under the supervision of a facility designated under section
6.9246B.01, subdivision 2a; 246B.02;253B.18, subdivision 1 ,; 253B.185, subdivision 1,
6.10paragraph (d); or Minnesota Statutes 1992, section526.10 ;
6.11(6) escapes while on pass status or provisional discharge according to section
6.12253B.18 or 253B.185
; or
6.13(7) escapes while a client of the Minnesota sex offender program as defined in
6.14section246B.01, subdivision 1a , or subject to a court hold order under section
253B.185 .
6.15For purposes of clauses (1) and (7), "escapes while held in lawful custody" or
6.16"escapes while a client of the Minnesota sex offender program" includes absconding from
6.17electronic monitoring orabsconding after removing an electronic monitoring device
6.18from the person's body.
6.19 Sec. 4. EFFECTIVE DATE.
6.20Sections 1 to 3 are effective the day following final enactment.
6.23 Section 1. Minnesota Statutes 2010, section 253B.185, subdivision 1, is amended to
6.24read:
6.25 Subdivision 1. Commitment generally. (a) Except as otherwise provided in this
6.26section, the provisions of this chapter pertaining to persons who are mentally ill and
6.27dangerous to the public apply with like force and effect to persons who are alleged or
6.28found to be sexually dangerous persons or persons with a sexual psychopathic personality.
6.29For purposes of this section, "sexual psychopathic personality" includes any individual
6.30committed as a "psychopathic personality" under Minnesota Statutes 1992, section526.10 .
6.31(b) Before commitment proceedings are instituted, the facts shall first be submitted
6.32to the county attorney, who, if satisfied that good cause exists, will prepare the petition.
6.33The county attorney may request a prepetition screening report. The petition is to be
6.34executed by a person having knowledge of the facts and filed with the district court of the
7.1county of financial responsibility or the county where the patient is present. If the patient
7.2is in the custody of the commissioner of corrections, the petition may be filed in the county
7.3where the conviction for which the person is incarcerated was entered.
7.4(c) Upon the filing of a petition alleging that a proposed patient is a sexually
7.5dangerous person or is a person with a sexual psychopathic personality, the court shall
7.6hear the petition as provided in section253B.18 , except that section 253B.18, subdivisions
7.72 and 3, shall not apply.
7.8(d) In commitments under this section, the court shall commit the patient to a secure
7.9treatment facility unless the patient establishes by clear and convincing evidence that a
7.10less restrictive treatment program is available that is consistent with the patient's treatment
7.11needs and the requirements of public safety.
7.12(e) After a final determination that a patient is a sexually dangerous person or sexual
7.13psychopathic personality, the court shall order commitment for an indeterminate period of
7.14time and the patient shall be transferred, provisionally discharged, or discharged, only as
7.15provided in this section.
7.16EFFECTIVE DATE.This section is effective the day following final enactment
7.17and applies to all petitions filed on or after that date.
7.20 Section 1. Minnesota Statutes 2010, section 253B.185, is amended by adding a
7.21subdivision to read:
7.22 Subd. 10a. Scope of community notification. (a) Notification of the public and
7.23disclosure of information under section 244.052, subdivision 4, regarding an individual
7.24who was committed under this section or Minnesota Statutes 1992, section 526.10, is as
7.25provided under section 244.052, subdivision 4, paragraphs (b), clause (3), and (g), and
7.26subdivision 4b, regardless of the individual's assigned risk level.
7.27(b) After four years from the date of an order for provisional discharge or discharge
7.28of civil commitment, the individual may petition the head of the treatment facility from
7.29which the individual was provisionally discharged or discharged to have the scope of
7.30notification and disclosure based solely upon the individual's assigned risk level under
7.31section 244.052.
7.32(c) If an individual's provisional discharge is revoked for any reason, the four-year
7.33time period under paragraph (b) starts over from the date of a subsequent order for
7.34provisional discharge or discharge except that the head of the treatment facility or
8.1designee may, in the sole discretion of the head or designee, determine that the individual
8.2may petition before four years have elapsed from the date of the order of the subsequent
8.3provisional discharge or discharge and notify the individual of that determination.
8.4(d) The head of the treatment facility shall appoint a multidisciplinary committee to
8.5review and make a recommendation on a petition made under paragraph (b). The head
8.6of the treatment facility or designee may grant or deny the petition. There is no review
8.7or appeal of the decision. If a petition is denied, the individual may petition again after
8.8two years from the date of denial.
8.9(e) Nothing in this subdivision shall be construed to give an individual an affirmative
8.10right to petition the head of the treatment facility earlier than four years after the date of an
8.11order for provisional discharge or discharge.
8.12(f) The head of the treatment facility shall act in place of the individual's corrections
8.13agent for the purpose of section 244.052, subdivision 3, paragraph (h), when the individual
8.14is not assigned to a corrections agent.
8.15EFFECTIVE DATE.This section is effective the day following final enactment,
8.16and applies where the requirement for disclosure of information, pursuant to section
8.17244.052, subdivision 4, arises on or after that date.
8.20 Section 1. Minnesota Statutes 2010, section 253B.19, subdivision 2, is amended to read:
8.21 Subd. 2. Petition; hearing. (a) A person committed as mentally ill and dangerous
8.22to the public under section253B.18 , or the county attorney of the county from which the
8.23person was committed or the county of financial responsibility, may petition the judicial
8.24appeal panel for a rehearing and reconsideration of a decision by the commissioner under
8.25section253B.18, subdivision 5 . The judicial appeal panel must not consider petitions for
8.26relief other than those considered by the commissioner from which the appeal is taken.
8.27The petition must be filed with the Supreme Court within 30 days after the decision of
8.28the commissioner is signed. The hearing must be held within 45 days of the filing of the
8.29petition unless an extension is granted for good cause.
8.30 (b) A person committed as a sexual psychopathic personality or as a sexually
8.31dangerous person under section253B.185 , or committed as both mentally ill and
8.32dangerous to the public under section253B.18 and as a sexual psychopathic personality or
8.33as a sexually dangerous person under section253B.185 ; the county attorney of the county
8.34from which the person was committed or the county of financial responsibility; or the
9.1commissioner may petition the judicial appeal panel for a rehearing and reconsideration
9.2of a decision of the special review board under section253B.185, subdivision 9 . The
9.3petition must be filed with the Supreme Court within 30 days after the decision is mailed
9.4by the commissioner as required in section253B.185, subdivision 9 , paragraph (f). The
9.5hearing must be held within 180 days of the filing of the petition unless an extension is
9.6granted for good cause. If no party petitions the judicial appeal panel for a rehearing
9.7or reconsideration within 30 days, the judicial appeal panel shall either issue an order
9.8adopting the recommendations of the special review board or set the matter on for a
9.9hearing pursuant to this paragraph.
9.10 (c) For an appeal under paragraph (a) or (b), the Supreme Court shall refer the
9.11petition to the chief judge of the judicial appeal panel. The chief judge shall notify the
9.12patient, the county attorney of the county of commitment, the designated agency, the
9.13commissioner, the head of the treatment facility, any interested person, and other persons
9.14the chief judge designates, of the time and place of the hearing on the petition. The notice
9.15shall be given at least 14 days prior to the date of the hearing.
9.16 (d) Any person may oppose the petition. The patient, the patient's counsel, the
9.17county attorney of the committing county or the county of financial responsibility, and the
9.18commissioner shall participate as parties to the proceeding pending before the judicial
9.19appeal panel, except when the patient is committed solely as mentally ill and dangerous,
9.20and shall, except when the patient is committed solely as mentally ill and dangerous, no
9.21later than 20 days before the hearing on the petition, inform the judicial appeal panel and
9.22the opposing party in writing whether they support or oppose the petition and provide a
9.23summary of facts in support of their position. The judicial appeal panel may appoint
9.24examiners and may adjourn the hearing from time to time. It shall hear and receive all
9.25relevant testimony and evidence and make a record of all proceedings. The patient, the
9.26patient's counsel, and the county attorney of the committing county or the county of
9.27financial responsibility have the right to be present and may present and cross-examine all
9.28witnesses and offer a factual and legal basis in support of their positions. The petitioning
9.29party seeking discharge or provisional discharge bears the burden of going forward with
9.30the evidence, which means presenting a prima facie case with competent evidence to show
9.31that the person is entitled to the requested relief. If the petitioning party has met this
9.32burden, the party opposing discharge or provisional discharge bears the burden of proof by
9.33clear and convincing evidence that the discharge or provisional discharge should be denied.
9.34A party seeking transfer under section253B.18 , subdivision 6, or
253B.185, subdivision
9.3511 , must establish by a preponderance of the evidence that the transfer is appropriate.
10.1EFFECTIVE DATE.This section is effective the day following final enactment
10.2and applies to all judicial appeal panel proceedings in which either a petition for rehearing
10.3and reconsideration before the judicial appeal panel is filed or the order of the panel to
10.4hold that hearing is issued on or after that date.
10.7 Section 1. STATUTORY REVIEW.
10.8The commissioner of human services, in consultation with the revisor of statutes,
10.9shall review existing laws relating to civil commitment of individuals as sexual
10.10psychopathic personalities or as sexually dangerous persons and propose legislation for
10.11the 2012 legislative session that clearly organizes the law and distinguishes it from laws
10.12relating to other forms of civil commitment.
10.13EFFECTIVE DATE.This section is effective the day following final enactment.
1.3sex offender program;amending Minnesota Statutes 2010, sections 253B.141,
1.4subdivision 2; 253B.185, subdivisions 1, 16, by adding subdivisions; 253B.19,
1.5subdivision 2; 609.485, subdivision 2.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2010, section 253B.185, is amended by adding a
1.10subdivision to read:
1.11 Subd. 11a. Transfer; voluntary readmission to a secure facility. (a) After a
1.12patient has been transferred out of a secure facility pursuant to subdivision 11 and with the
1.13consent of the executive director of the Minnesota sex offender program, a patient may
1.14voluntarily return to a secure facility operated by the Minnesota sex offender program for
1.15a period of up to 60 days.
1.16(b) If the patient is not returned to the facility to which the patient was originally
1.17transferred pursuant to subdivision 11 within 60 days of being readmitted to a secure
1.18facility, the transfer is revoked and the patient shall remain in a secure facility. The patient
1.19shall immediately be notified in writing of the revocation.
1.20(c) Within 15 days of receiving notice of the revocation, the patient may petition
1.21the special review board for a review of the revocation. The special review board shall
1.22review the circumstances of the revocation and shall recommend to the judicial appeal
1.23panel whether or not the revocation shall be upheld. The special review board may also
1.24recommend a new transfer at the time of the revocation hearing.
2.1(d) If the transfer has not been revoked and the patient is to be returned to the
2.2facility to which the patient was originally transferred pursuant to subdivision 11, with no
2.3substantive change to the conditions of the transfer ordered pursuant to subdivision 11, no
2.4action by the special review board or judicial appeal panel is required.
2.5 Sec. 2. Minnesota Statutes 2010, section 253B.185, is amended by adding a
2.6subdivision to read:
2.7 Subd. 11b. Transfer; revocation. (a) The executive director of the Minnesota sex
2.8offender program or designee may revoke a transfer made pursuant to subdivision 11 and
2.9require a patient to return to a secure treatment facility if:
2.10(1) remaining in a nonsecure setting will not provide a reasonable degree of safety to
2.11the patient or others; or
2.12(2) the patient has regressed in clinical progress so that the facility to which the
2.13patient was transferred is no longer sufficient to meet the patient's needs.
2.14(b) Upon the revocation of the transfer, the patient shall be immediately returned to a
2.15secure treatment facility. A report documenting reasons for revocation shall be issued by
2.16the executive director or designee within seven days after the patient is returned to the
2.17secure treatment facility. Advance notice to the patient of the revocation is not required.
2.18(c) The patient must be provided a copy of the revocation report and informed, orally
2.19and in writing, of the rights of a patient under this subdivision. The revocation report shall
2.20be served upon the patient and the patient's counsel. The report shall outline the specific
2.21reasons for the revocation including, but not limited to, the specific facts upon which
2.22the revocation recommendation is based.
2.23(d) A patient whose transfer is revoked must successfully re-petition the special
2.24review board and judicial appeal panel prior to being transferred out of a secure facility.
2.25(e) Any patient aggrieved by a transfer revocation decision may petition the special
2.26review board within seven days, exclusive of Saturdays, Sundays, and legal holidays,
2.27after receipt of the revocation report for a review of the revocation. The matter shall
2.28be scheduled within 30 days. The special review board shall review the circumstances
2.29leading to the revocation and, after considering the factors in subdivision 11, paragraph
2.30(b), shall recommend to the judicial appeal panel whether or not the revocation shall be
2.31upheld. The special review board may also recommend a new transfer out of a secure
2.32facility at the time of the revocation hearing.
2.33 Sec. 3. Minnesota Statutes 2010, section 253B.185, is amended by adding a
2.34subdivision to read:
3.1 Subd. 14a. Provisional discharge; voluntary readmission. (a) With the consent of
3.2the executive director of the Minnesota sex offender program, a patient may voluntarily
3.3return to the Minnesota sex offender program from provisional discharge for a period of
3.4up to 60 days
3.5(b) If the patient is not returned to provisional discharge status within 60 days of
3.6being readmitted to the Minnesota sex offender program, the provisional discharge is
3.7revoked. The patient shall immediately be notified of the revocation in writing. Within 15
3.8days of receiving notice of the revocation, the patient may request a review of the matter
3.9before the special review board. The special review board shall review the circumstances
3.10of the revocation and, after applying the standards in subdivision 15, paragraph (a), shall
3.11recommend to the judicial appeal panel whether or not the revocation shall be upheld. The
3.12board may recommend a return to provisional discharge status.
3.13(c) If the provisional discharge has not been revoked and the patient is to be returned
3.14to provisional discharge, the Minnesota sex offender program is not required to petition for
3.15a further review by the special review board unless the patient's return to the community
3.16results in substantive change to the existing provisional discharge plan.
3.17 Sec. 4. EFFECTIVE DATE.
3.18Sections 1 to 3 are effective the day following final enactment.
3.21 Section 1. Minnesota Statutes 2010, section 253B.141, subdivision 2, is amended to
3.22read:
3.23 Subd. 2. Apprehension; return to facility. (a) Upon receiving the report of
3.24absence from the head of the treatment facility or the committing court, a patient may be
3.25apprehended and held by a peace officer in any jurisdiction pending return to the facility
3.26from which the patient is absent without authorization. A patient may also be returned to
3.27any facility operated by the commissioner. A person who is mentally ill and dangerous
3.28
3.29
3.30(1) there is no other feasible place of detention for the patient;
3.31(2) the detention is for less than 24 hours; and
3.32(3) there are protections in place, including segregation of the patient, to ensure
3.33the safety of the patient.
4.1(b) If a patient is detained under this subdivision, the head of the treatment facility
4.2from which the patient is absent shall arrange to pick up the patient within 24 hours of
4.3the time detention was begun and shall be responsible for securing transportation for the
4.4patient to the facility. The expense of detaining and transporting a patient shall be the
4.5responsibility of the treatment facility from which the patient is absent. The expense of
4.6detaining and transporting a patient to a treatment facility operated by the Department of
4.7Human Services shall be paid by the commissioner unless paid by the patient or persons
4.8on behalf of the patient.
4.9 Sec. 2. Minnesota Statutes 2010, section 253B.185, subdivision 16, is amended to read:
4.10 Subd. 16. Return of absent patient. (a) If
4.11authorization, including failure to return to the custody of the Minnesota sex offender
4.12program upon the revocation of a provisional discharge, the head of the treatment facility
4.13or designee
4.14shall report the absence to the local law enforcement agency. The head of the treatment
4.15facility shall inform the committing court of the revocation or absence, and the committing
4.16court or other district court shall
4.17
4.18
4.19
4.20the apprehension and holding of the patient by a peace officer in any jurisdiction and
4.21transportation of the patient to a facility operated by the Minnesota sex offender program
4.22or otherwise returned to the custody of the Minnesota sex offender program.
4.23(b) An employee of the Department of Human Services may apprehend, detain, or
4.24transport an absent patient at anytime. The immunity provided under section 253B.23,
4.25subdivision 4, applies to the apprehension, detention, and transport of an absent patient.
4.26(c) Upon receiving either the report or the apprehend and hold order in paragraph
4.27(a), a law enforcement agency shall enter information on the patient into the missing
4.28persons file of the National Crime Information Center database according to the missing
4.29persons practices. Where probable cause exists of a violation of section 609.485, a law
4.30enforcement agency shall also seek a felony arrest warrant and enter the warrant in the
4.31National Crime Information Center database.
4.32(d) For the purposes of ensuring public safety and the apprehension of an absent
4.33patient, and notwithstanding state and federal data privacy laws, the Minnesota sex
4.34offender program shall disclose information about the absent patient relevant to the
5.1patient's apprehension and return to law enforcement agencies where the absent patient is
5.2likely to be located or likely to travel through and to agencies with statewide jurisdiction.
5.3(e) Upon receiving either the report or the apprehend and hold order in paragraph
5.4(a), a patient shall be apprehended and held by a peace officer in any jurisdiction pending
5.5return to a facility operated by the Minnesota sex offender program or otherwise returned
5.6to the custody of the Minnesota sex offender program.
5.7(f) A patient detained solely under this subdivision may be held in a jail or lockup
5.8only if:
5.9(1) there is no other feasible place of detention for the patient;
5.10(2) the detention is for less than 24 hours; and
5.11(3) there are protections in place, including segregation of the patient, to ensure
5.12the safety of the patient.
5.13These limitations do not apply to a patient being held for criminal prosecution,
5.14including for violation of section 609.485.
5.15(g) If a patient is detained under this subdivision, the Minnesota sex offender
5.16program shall arrange to pick up the patient within 24 hours of the time detention was
5.17begun and shall be responsible for securing transportation for the patient to a facility
5.18operated by the Minnesota sex offender program, as determined by its executive director.
5.19The expense of detaining and transporting a patient shall be the responsibility of the
5.20Minnesota sex offender program.
5.21(h) Immediately after an absent patient is apprehended, the Minnesota sex offender
5.22program or the law enforcement agency that apprehended or returned the absent patient
5.23shall notify the law enforcement agency that first received the absent patient report under
5.24this subdivision, and that agency shall cancel the missing persons entry from the National
5.25Crime Information Center computer.
5.26 Sec. 3. Minnesota Statutes 2010, section 609.485, subdivision 2, is amended to read:
5.27 Subd. 2. Acts prohibited. Whoever does any of the following may be sentenced as
5.28provided in subdivision 4:
5.29(1) escapes while held pursuant to a lawful arrest, in lawful custody on a charge or
5.30conviction of a crime, or while held in lawful custody on an allegation or adjudication
5.31of a delinquent act;
5.32(2) transfers to another, who is in lawful custody on a charge or conviction of a
5.33crime, or introduces into an institution in which the latter is confined, anything usable in
5.34making such escape, with intent that it shall be so used;
6.1(3) having another in lawful custody on a charge or conviction of a crime,
6.2intentionally permits the other to escape;
6.3(4) escapes while in a facility designated under section
6.4pursuant to a court commitment order after a finding of not guilty by reason of mental
6.5illness or mental deficiency of a crime against the person, as defined in section
6.6subdivision 4a
6.7convicted of an attempt to commit a violation of this clause;
6.8(5) escapes while in or under the supervision of a facility designated under section
6.9246B.01, subdivision 2a; 246B.02;
6.10paragraph (d); or Minnesota Statutes 1992, section
6.11(6) escapes while on pass status or provisional discharge according to section
6.13(7) escapes while a client of the Minnesota sex offender program as defined in
6.14section
6.15For purposes of clauses (1) and (7), "escapes while held in lawful custody" or
6.16"escapes while a client of the Minnesota sex offender program" includes absconding from
6.17electronic monitoring or
6.18from the person's body.
6.19 Sec. 4. EFFECTIVE DATE.
6.20Sections 1 to 3 are effective the day following final enactment.
6.23 Section 1. Minnesota Statutes 2010, section 253B.185, subdivision 1, is amended to
6.24read:
6.25 Subdivision 1. Commitment generally. (a) Except as otherwise provided in this
6.26section, the provisions of this chapter pertaining to persons who are mentally ill and
6.27dangerous to the public apply with like force and effect to persons who are alleged or
6.28found to be sexually dangerous persons or persons with a sexual psychopathic personality.
6.29For purposes of this section, "sexual psychopathic personality" includes any individual
6.30committed as a "psychopathic personality" under Minnesota Statutes 1992, section
6.31(b) Before commitment proceedings are instituted, the facts shall first be submitted
6.32to the county attorney, who, if satisfied that good cause exists, will prepare the petition.
6.33The county attorney may request a prepetition screening report. The petition is to be
6.34executed by a person having knowledge of the facts and filed with the district court of the
7.1county of financial responsibility or the county where the patient is present. If the patient
7.2is in the custody of the commissioner of corrections, the petition may be filed in the county
7.3where the conviction for which the person is incarcerated was entered.
7.4(c) Upon the filing of a petition alleging that a proposed patient is a sexually
7.5dangerous person or is a person with a sexual psychopathic personality, the court shall
7.6hear the petition as provided in section
7.72 and 3, shall not apply.
7.8(d) In commitments under this section, the court shall commit the patient to a secure
7.9treatment facility unless the patient establishes by clear and convincing evidence that a
7.10less restrictive treatment program is available that is consistent with the patient's treatment
7.11needs and the requirements of public safety.
7.12(e) After a final determination that a patient is a sexually dangerous person or sexual
7.13psychopathic personality, the court shall order commitment for an indeterminate period of
7.14time and the patient shall be transferred, provisionally discharged, or discharged, only as
7.15provided in this section.
7.16EFFECTIVE DATE.This section is effective the day following final enactment
7.17and applies to all petitions filed on or after that date.
7.20 Section 1. Minnesota Statutes 2010, section 253B.185, is amended by adding a
7.21subdivision to read:
7.22 Subd. 10a. Scope of community notification. (a) Notification of the public and
7.23disclosure of information under section 244.052, subdivision 4, regarding an individual
7.24who was committed under this section or Minnesota Statutes 1992, section 526.10, is as
7.25provided under section 244.052, subdivision 4, paragraphs (b), clause (3), and (g), and
7.26subdivision 4b, regardless of the individual's assigned risk level.
7.27(b) After four years from the date of an order for provisional discharge or discharge
7.28of civil commitment, the individual may petition the head of the treatment facility from
7.29which the individual was provisionally discharged or discharged to have the scope of
7.30notification and disclosure based solely upon the individual's assigned risk level under
7.31section 244.052.
7.32(c) If an individual's provisional discharge is revoked for any reason, the four-year
7.33time period under paragraph (b) starts over from the date of a subsequent order for
7.34provisional discharge or discharge except that the head of the treatment facility or
8.1designee may, in the sole discretion of the head or designee, determine that the individual
8.2may petition before four years have elapsed from the date of the order of the subsequent
8.3provisional discharge or discharge and notify the individual of that determination.
8.4(d) The head of the treatment facility shall appoint a multidisciplinary committee to
8.5review and make a recommendation on a petition made under paragraph (b). The head
8.6of the treatment facility or designee may grant or deny the petition. There is no review
8.7or appeal of the decision. If a petition is denied, the individual may petition again after
8.8two years from the date of denial.
8.9(e) Nothing in this subdivision shall be construed to give an individual an affirmative
8.10right to petition the head of the treatment facility earlier than four years after the date of an
8.11order for provisional discharge or discharge.
8.12(f) The head of the treatment facility shall act in place of the individual's corrections
8.13agent for the purpose of section 244.052, subdivision 3, paragraph (h), when the individual
8.14is not assigned to a corrections agent.
8.15EFFECTIVE DATE.This section is effective the day following final enactment,
8.16and applies where the requirement for disclosure of information, pursuant to section
8.17244.052, subdivision 4, arises on or after that date.
8.20 Section 1. Minnesota Statutes 2010, section 253B.19, subdivision 2, is amended to read:
8.21 Subd. 2. Petition; hearing. (a) A person committed as mentally ill and dangerous
8.22to the public under section
8.23person was committed or the county of financial responsibility, may petition the judicial
8.24appeal panel for a rehearing and reconsideration of a decision by the commissioner under
8.25section
8.26relief other than those considered by the commissioner from which the appeal is taken.
8.27The petition must be filed with the Supreme Court within 30 days after the decision of
8.28the commissioner is signed. The hearing must be held within 45 days of the filing of the
8.29petition unless an extension is granted for good cause.
8.30 (b) A person committed as a sexual psychopathic personality or as a sexually
8.31dangerous person under section
8.32dangerous to the public under section
8.33as a sexually dangerous person under section
8.34from which the person was committed or the county of financial responsibility; or the
9.1commissioner may petition the judicial appeal panel for a rehearing and reconsideration
9.2of a decision of the special review board under section
9.3petition must be filed with the Supreme Court within 30 days after the decision is mailed
9.4by the commissioner as required in section
9.5hearing must be held within 180 days of the filing of the petition unless an extension is
9.6granted for good cause. If no party petitions the judicial appeal panel for a rehearing
9.7or reconsideration within 30 days, the judicial appeal panel shall either issue an order
9.8adopting the recommendations of the special review board or set the matter on for a
9.9hearing pursuant to this paragraph.
9.10 (c) For an appeal under paragraph (a) or (b), the Supreme Court shall refer the
9.11petition to the chief judge of the judicial appeal panel. The chief judge shall notify the
9.12patient, the county attorney of the county of commitment, the designated agency, the
9.13commissioner, the head of the treatment facility, any interested person, and other persons
9.14the chief judge designates, of the time and place of the hearing on the petition. The notice
9.15shall be given at least 14 days prior to the date of the hearing.
9.16 (d) Any person may oppose the petition. The patient, the patient's counsel, the
9.17county attorney of the committing county or the county of financial responsibility, and the
9.18commissioner shall participate as parties to the proceeding pending before the judicial
9.19appeal panel
9.20and shall, except when the patient is committed solely as mentally ill and dangerous, no
9.21later than 20 days before the hearing on the petition, inform the judicial appeal panel and
9.22the opposing party in writing whether they support or oppose the petition and provide a
9.23summary of facts in support of their position. The judicial appeal panel may appoint
9.24examiners and may adjourn the hearing from time to time. It shall hear and receive all
9.25relevant testimony and evidence and make a record of all proceedings. The patient, the
9.26patient's counsel, and the county attorney of the committing county or the county of
9.27financial responsibility have the right to be present and may present and cross-examine all
9.28witnesses and offer a factual and legal basis in support of their positions. The petitioning
9.29party seeking discharge or provisional discharge bears the burden of going forward with
9.30the evidence, which means presenting a prima facie case with competent evidence to show
9.31that the person is entitled to the requested relief. If the petitioning party has met this
9.32burden, the party opposing discharge or provisional discharge bears the burden of proof by
9.33clear and convincing evidence that the discharge or provisional discharge should be denied.
9.34A party seeking transfer under section
9.3511
10.1EFFECTIVE DATE.This section is effective the day following final enactment
10.2and applies to all judicial appeal panel proceedings in which either a petition for rehearing
10.3and reconsideration before the judicial appeal panel is filed or the order of the panel to
10.4hold that hearing is issued on or after that date.
10.7 Section 1. STATUTORY REVIEW.
10.8The commissioner of human services, in consultation with the revisor of statutes,
10.9shall review existing laws relating to civil commitment of individuals as sexual
10.10psychopathic personalities or as sexually dangerous persons and propose legislation for
10.11the 2012 legislative session that clearly organizes the law and distinguishes it from laws
10.12relating to other forms of civil commitment.
10.13EFFECTIVE DATE.This section is effective the day following final enactment.
