Bill Text: MN HF3052 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Sex Offender Civil Commitment Screening Unit established, sexually dangerous persons and persons with sexual psychopathic personalities civil commitment governing provisions modified, statewide sex offender civil commitment judicial panel implemented, Sex Offender Civil Commitment Defense Office established, and money appropriated.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-03-13 - Introduction and first reading, referred to Health and Human Services Policy [HF3052 Detail]
Download: Minnesota-2013-HF3052-Introduced.html
1.2relating to human services; modifying provisions governing civil commitment of
1.3persons with sexual psychopathic personalities and sexually dangerous persons;
1.4establishing a Sex Offender Civil Commitment Screening Unit; implementing
1.5the statewide sex offender civil commitment judicial panel; establishing a Sex
1.6Offender Civil Commitment Defense Office; appropriating money;amending
1.7Minnesota Statutes 2012, section 253B.18, subdivision 4b; Minnesota Statutes
1.82013 Supplement, sections 244.05, subdivision 7; 253B.18, subdivision 4c;
1.9253D.07, subdivision 1; 253D.08; 253D.09; 253D.11; 253D.12, subdivision
1.102; 253D.14, subdivision 3; 253D.20; 253D.23; proposing coding for new
1.11law in Minnesota Statutes, chapter 253D; repealing Minnesota Statutes 2013
1.12Supplement, sections 253D.27; 253D.28.
1.13BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.14 Section 1. Minnesota Statutes 2013 Supplement, section 244.05, subdivision 7, is
1.15amended to read:
1.16 Subd. 7. Sex offenders; civil commitment determination. (a) Before the
1.17commissioner releases from prison any inmate convicted under section609.342 ,
609.343 ,
1.18609.344
,
609.345 , or
609.3453 , or sentenced as a patterned offender under section
1.19609.3455, subdivision 3a
, and determined by the commissioner to be in a high risk category,
1.20the commissioner shall make a preliminary determination whether, in the commissioner's
1.21opinion, a petition under chapter 253D may be appropriate.The commissioner's opinion
1.22must be based on a recommendation of a Department of Corrections screening committee
1.23and a legal review and recommendation from independent counsel knowledgeable in the
1.24legal requirements of the civil commitment process. The commissioner may retain a
1.25retired judge or other attorney to serve as independent counsel The commissioner shall
1.26establish a process for making a determination under this subdivision that is based on
1.27assessment standards established by the screening unit under section 253D.05.
2.1(b) In making this decision, the commissioner shall have access to the following data
2.2only for the purposes of the assessment and referral decision:
2.3(1) private medical data under section13.384 or sections
144.291 to 144.298 , or
2.4welfare data under section13.46 that relate to medical treatment of the offender;
2.5(2) private and confidential court services data under section13.84 ;
2.6(3) private and confidential corrections data under section13.85 ; and
2.7(4) private criminal history data under section13.87 .
2.8(c) If the commissioner determines that a petition may be appropriate, the
2.9commissioner shall forward this determination, along with a summary of the reasons for
2.10the determination, to thecounty attorney in the county where the inmate was convicted
2.11 Sex Offender Civil Commitment Screening Unit under section 253D.05, no later than
2.1212 months before the inmate's release date. If the inmate is received for incarceration
2.13with fewer than 12 months remaining in the inmate's term of imprisonment, or if the
2.14commissioner receives additional information less than 12 months before release that
2.15makes the inmate's case appropriate for referral, the commissioner shall forward the
2.16determination as soon as is practicable. Upon receiving the commissioner's preliminary
2.17determination, thecounty attorney screening unit shall proceed in the manner provided in
2.18chapter 253D section 253D.05. The commissioner shall release to the county attorney
2.19 screening unit all requested documentation maintained by the department.
2.20 Sec. 2. Minnesota Statutes 2012, section 253B.18, subdivision 4b, is amended to read:
2.21 Subd. 4b. Pass-eligible status; notification.The following patients A patient
2.22 committed to a secure treatment facilityshall as a person who is mentally ill and dangerous
2.23must not be placed on pass-eligible statusunless without approval of that status has been
2.24approved by the medical director of the secure treatment facility if the patient:
2.25(a) a patient who has been committed as a person who is mentally ill and dangerous
2.26and who:
2.27(1) was found incompetent to proceed to trial for a felony or was found not guilty
2.28by reason of mental illness of a felony immediately prior to the filing of the commitment
2.29petition;
2.30(2) was convicted of a felony immediately prior to or during commitment as a
2.31person who is mentally ill and dangerous; or
2.32(3) is subject to a commitment to the commissioner of corrections; and.
2.33(b) a patient who has been committed as a psychopathic personality, a sexually
2.34psychopathic personality, or a sexually dangerous person.
3.1At least ten days prior to a determination on the status, the medical director shall
3.2notify the committing court, the county attorney of the county of commitment, the
3.3designated agency, an interested person, the petitioner, and the petitioner's counsel of the
3.4proposed status, and their right to request review by the special review board. If within ten
3.5days of receiving notice any notified person requests review by filing a notice of objection
3.6with the commissioner and the head of the treatment facility, a hearing shall be held before
3.7the special review board. The proposed status shall not be implemented unless it receives
3.8a favorable recommendation by a majority of the board and approval by the commissioner.
3.9The order of the commissioner is appealable as provided in section253B.19 .
3.10Nothing in this subdivision shall be construed to give a patient an affirmative right to
3.11seek pass-eligible status from the special review board.
3.12 Sec. 3. Minnesota Statutes 2013 Supplement, section 253B.18, subdivision 4c, is
3.13amended to read:
3.14 Subd. 4c. Special review board. (a) The commissioner shall establish one or more
3.15panels of a special review board. The board shall consist of three members experienced
3.16in the field of mental illness. One member of each special review board panel shall be a
3.17psychiatrist or a doctoral level psychologist with forensic experience and one member
3.18shall be an attorney. No member shall be affiliated with the Department of Human
3.19Services. The special review board shall meet at least every six months and at the call of
3.20the commissioner. It shall hear and consider all petitions for a reduction in custody or to
3.21appeal a revocation of provisional discharge. A "reduction in custody" means transfer
3.22from a secure treatment facility, discharge, and provisional discharge. Patients may be
3.23transferred by the commissioner between secure treatment facilities without a special
3.24review board hearing.
3.25 Members of the special review board shall receive compensation and reimbursement
3.26for expenses as established by the commissioner.
3.27 (b)A petition filed by a person committed as mentally ill and dangerous to the
3.28public under this section must be heard as provided in subdivision 5 and, as applicable,
3.29subdivision 13. a petition filed by A person committed as a sexual psychopathic
3.30personality or as a sexually dangerous person under chapter 253D, or committed as both
3.31mentally ill and dangerous to the public under this section and as a sexual psychopathic
3.32personality or as a sexually dangerous personmust be heard as provided in section
3.33253D.27
3.34 Sec. 4. [253D.05] SEX OFFENDER CIVIL COMMITMENT SCREENING UNIT.
4.1 Subdivision 1. Establishment. (a) A Sex Offender Civil Commitment Screening
4.2Unit is established. The screening unit is part of the executive branch of government.
4.3The screening unit must operate as a centralized, professionally independent unit with
4.4statewide jurisdiction to develop and implement a comprehensive assessment process to
4.5evaluate individuals who may meet the criteria for civil commitment under this chapter
4.6and the appropriate terms and conditions of commitment, including placement.
4.7(b) An executive board comprised of two members appointed by the commissioner
4.8of human services, two members appointed by the commissioner of corrections, and
4.9one member appointed by the Supreme Court is responsible for overseeing the general
4.10administrative operations of the screening unit but has no control over the performance of
4.11professional duties of the screening unit. The member designated by the Supreme Court is
4.12the chair of the board. Members serve two-year terms. A member of the board must not
4.13be an employee of the Department of Human Services, the Department of Corrections, a
4.14county attorney, or the judicial branch. Section 15.0575 applies to the compensation and
4.15removal of members and filling of vacancies.
4.16 Subd. 2. Organization; multidisciplinary teams. (a) The executive board
4.17shall hire a director for the screening unit who must be chosen solely on the basis of
4.18training, experience, and other qualifications and will serve at the pleasure of the board.
4.19The director shall employ a sufficient number of individuals to serve as members of
4.20the screening unit and may employ staff to assist the members. The members must
4.21include individuals with the professional expertise, credentials, training, and professional
4.22independence to perform duties under this section.
4.23(b) Each case must be reviewed by a screening team comprised of at least three
4.24members of the screening unit. At least two members of a team must be professionals
4.25with training and credentials in the treatment, diagnosis, risk assessment, or management
4.26of sex offenders that ensure that assessments, determinations, and recommendations are
4.27evidence-based and use the most current and accurate science, including validated risk
4.28assessment instruments.
4.29 Subd. 3. Determinations and recommendations; use in court proceedings. (a)
4.30The screening unit shall:
4.31(1) review cases submitted by the commissioner of corrections under section 244.05,
4.32subdivision 7, or a county attorney under section 253D.07, subdivision 1, and determine
4.33whether the person meets the legal criteria for commitment under this chapter;
4.34(2) if a court makes a determination that a respondent is a person with a sexual
4.35psychopathic personality or sexually dangerous person, make a recommendation regarding
4.36the terms and conditions of the commitment, including the appropriate placement; and
5.1(3) when a case is subject to biennial review under this chapter, conduct a forensic
5.2evaluation and make a recommendation regarding whether the committed person should
5.3be transferred, provisionally discharged, or discharged under this chapter and the
5.4appropriate terms and conditions of any continued commitment, including placement.
5.5(b) If a case is submitted to the screening unit by the commissioner of corrections
5.6under section 244.05, subdivision 7, the screening unit shall notify the county attorney of
5.7the county where the inmate was convicted and the county where the inmate resided before
5.8incarceration of its determination regarding whether the person meets the legal criteria for
5.9commitment under this chapter. If the commissioner of corrections provided a preliminary
5.10determination to the screening unit at least 12 months before the inmate's scheduled release
5.11from prison, the unit shall provide the notice within 90 days after receiving the preliminary
5.12determination from the commissioner of corrections. If the commissioner of corrections
5.13provided a preliminary determination to the screening unit less than 12 months before the
5.14inmate's scheduled release, the unit shall provide the notice nine months before the inmate's
5.15scheduled release or within 30 days after receiving the preliminary determination from the
5.16commissioner of corrections, whichever is later. The screening unit shall release requested
5.17documentation for its determination to the county attorney, including documentation
5.18created by the screening unit or received from the commissioner of corrections.
5.19(c) If a case is submitted to the screening unit by a county attorney under section
5.20253D.07, subdivision 1, the screening unit shall notify the county attorney of its
5.21determination regarding whether the person meets the legal criteria for commitment under
5.22this chapter. The notice must be given within 30 days after the case is submitted.
5.23(d) Failure to comply with the timelines under paragraph (b) or (c) does not affect
5.24the validity or effectiveness of a determination. A determination or recommendation
5.25of the screening unit is not binding but may be admissible in a proceeding under this
5.26chapter. A member of the screening unit must not testify at a proceeding where a report
5.27of the screening unit will be considered.
5.28 Subd. 4. Access to data. The screening unit has access to the data specified in
5.29sections 244.05, subdivision 7, paragraph (b), and 253D.08, subdivision 2, for purposes of
5.30making a determination under subdivision 3, clause (1). The screening unit may move
5.31for an order under section 253D.08, subdivision 1, in the same manner as the county
5.32attorney, to obtain access to other records regarding an inmate or potential respondent
5.33that may be relevant to its determination.
5.34 Subd. 5. Development and publication of standards. (a) The screening unit shall
5.35develop clear, consistent, and scientifically based standards by which individuals are
5.36screened for civil commitment and for determining the appropriate treatment, including
6.1standards for determining whether an individual meets the legal criteria for commitment;
6.2terms and conditions of commitment, including placement; and standards for a transfer,
6.3provisional discharge, or discharge. The standards must be evidence-based and use the
6.4most current and accurate science, including validated risk assessment instruments.
6.5(b) The screening unit shall maintain expertise on the most current and accurate
6.6assessment methods and analysis and regularly publish guidance on these subjects for the
6.7benefit of courts, petitioners, defense counsel, and those subject to civil commitment
6.8proceedings under this chapter.
6.9(c) The screening unit shall develop assessment standards for use by the
6.10commissioner of corrections under section 244.05, subdivision 7, for purposes of making
6.11a determination that an inmate is in a high-risk category and a preliminary determination
6.12that a petition under this chapter may be appropriate.
6.13 Subd. 6. Audit. At least once every two years, the executive board established
6.14under subdivision 1 shall arrange for an independent audit of the work of the screening
6.15unit to ensure that the screening unit produces consistent, accurate, and quality evaluations
6.16that identify the scientific basis for recommendations and that the screening unit operates
6.17as a professionally independent entity that is not subject to pressure or retaliation from
6.18any source in the performance of its duties.
6.19 Sec. 5. Minnesota Statutes 2013 Supplement, section 253D.07, subdivision 1, is
6.20amended to read:
6.21 Subdivision 1. Commitment generally. (a) Before commitment proceedings are
6.22instituted, thefacts shall first be submitted case must be submitted to the Sex Offender
6.23Civil Commitment Screening Unit under section 253D.05, provided that if the case
6.24was submitted to the screening unit by the commissioner of corrections under section
6.25244.05, subdivision 7, and the screening unit has not submitted its determination 48 hours
6.26before the inmate's scheduled release, the county attorney may file a petition pending a
6.27determination by the screening unit. In addition, the county attorney may file a petition
6.28pending a determination if there is good cause for not submitting the case to the screening
6.29unit in time to receive a determination before the filing of the petition. The petition must
6.30include a statement of good cause. Upon a motion to dismiss for lack of good cause, or
6.31when considering an application of the county attorney for a judicial hold order under
6.32section 253B.07, subdivision 2b or 7, the court shall dismiss the petition unless the
6.33court determines that the county attorney has established good cause. Dismissal does
6.34not preclude the county attorney from filing a new petition after the requirements of
6.35this paragraph have been satisfied.
7.1(b) The screening unit must submit its determination regarding whether an individual
7.2meets the legal criteria for commitment under this chapter to the county attorney, who, if
7.3satisfied that good cause exists, will prepare the petition.The county attorney may request
7.4a prepetition screening report. A determination by the screening unit that an individual
7.5does not meet the criteria for commitment is not binding on the county attorney. The
7.6petition is to be executed by a person having knowledge of the facts and filed with the
7.7district court of the county of financial responsibility, as defined in section
253B.02,
7.8subdivision 4c
, or the county where the respondent is present. If the respondent is in the
7.9custody of the commissioner of corrections, the petition may be filed in the county where
7.10the conviction for which the person is incarcerated was entered Supreme Court for referral
7.11to the judicial panel under section 253D.11. The county attorney, as determined pursuant
7.12to section 253B.23, subdivision 1b, is responsible for making a decision regarding the
7.13filing of a commitment petition.
7.14 Sec. 6. Minnesota Statutes 2013 Supplement, section 253D.08, is amended to read:
7.15253D.08 COUNTY ATTORNEY ACCESS TO DATA.
7.16 Subdivision 1. Court order required. (a) Notwithstanding sections144.291
7.17to
144.298 ;
245.467, subdivision 6 ;
245.4876, subdivision 7 ;
260B.171 ;
260B.235,
7.18subdivision 8 ;
260C.171 ; and
609.749, subdivision 6 , or any provision of chapter 13 or
7.19other state law, prior to filing a petition for commitment of a sexually dangerous person
7.20or a person with a sexual psychopathic personality, and upon notice to the proposed
7.21committed person, the county attorney or the county attorney's designee may move the
7.22court for an order granting access to any records or data, to the extent it relates to the
7.23proposed committed person, for the purpose of determining whether good cause exists to
7.24file a petition and, if a petition is filed, to support the allegations set forth in the petition.
7.25 (b) The court may grant the motion if: (1) the Department of Corrections refers
7.26the case for commitment of a sexually dangerous person or a person with a sexual
7.27psychopathic personality; or (2) upon a showing that the requested category of data or
7.28records may be relevant to the determination by the county attorney or designee. The court
7.29shall decide a motion under this section within 48 hours after a hearing on the motion.
7.30Notice to the proposed committed person need not be given upon a showing that such
7.31notice may result in harm or harassment of interested persons or potential witnesses.
7.32 Subd. 2. Court order not required; Department of Corrections, probation, or
7.33parole data. Notwithstanding any provision of chapter 13 or other state law, a county
7.34attorney considering the civil commitment of a person under this chapter may obtain
7.35records and data from the Department of Corrections or any probation or parole agency in
8.1this state upon request, without a court order, for the purpose of determining whether good
8.2cause exists to file a petition and, if a petition is filed, to support the allegations set forth in
8.3the petition. At the time of the request for the records, the county attorney shall provide
8.4notice of the request to the person who is the subject of the records.
8.5 Subd. 3. Data retain classification; limited use in other proceedings. Data
8.6collected pursuant to this section shall retain their original status and, if not public, are
8.7inadmissible in any court proceeding unrelated to civil commitment, unless otherwise
8.8permitted.
8.9 Sec. 7. Minnesota Statutes 2013 Supplement, section 253D.09, is amended to read:
8.10253D.09 PETITION DETERMINATION REQUIRED.
8.11 (a) Within 120 days of receipt of a preliminary determination from a court under
8.12section609.1351 , or a referral determination from the commissioner of corrections Sex
8.13Offender Civil Commitment Screening Unit pursuant to section244.05, subdivision 7
8.14253D.07
8.15exists to file a petition, and if good cause exists, the county attorney or designee shall file
8.16the petition with the court.
8.17 (b) Failure to meet the requirements of paragraph (a) does not bar filing a petition
8.18under section253D.07, subdivision 2 , any time the county attorney determines pursuant
8.19to section253D.07 that good cause for such a petition exists, provided that the case has
8.20been submitted to the screening unit under section 253D.05.
8.21 Sec. 8. Minnesota Statutes 2013 Supplement, section 253D.11, is amended to read:
8.22253D.11 STATEWIDE JUDICIAL PANEL.
8.23Subdivision 1. Establishment. The Supreme Court may shall establish a panel of
8.24district judges, which may include retired judges, with statewide authority to preside
8.25over commitment proceedings of sexually dangerous persons or persons with sexual
8.26psychopathic personalities.Only One judge of the panel is required to will preside over
8.27a particular commitment proceeding. Panel members shall servefor one-year terms
8.28 specified by the Supreme Court. One of the judges shall be designated as the chief judge
8.29of the panel, and is vested with the power to designate the presiding judge in a particular
8.30case, to set the proper venue for the proceedings, and to otherwise supervise and direct
8.31the operation of the panel. The chief judge shall designate one of the other judges to act
8.32as chief judge whenever the chief judge is unable to act.
8.33Subd. 2. Petitions. If the Supreme Court creates the judicial panel authorized by this
8.34section, all petitions for civil commitment brought under section
253D.07 shall be filed
9.1with the supreme court instead of with the district court in the county where the proposed
9.2patient is present, notwithstanding any provision of section
253D.07 to the contrary.
9.3Otherwise, all of The other applicable procedures contained in this chapter and sections
9.4253B.07 and
253B.08 apply to commitment proceedings conducted by a judge on the panel.
9.5 Sec. 9. Minnesota Statutes 2013 Supplement, section 253D.12, subdivision 2, is
9.6amended to read:
9.7 Subd. 2. Share of cost of confinement. Notwithstanding sections246.54 ,
253D.10 ,
9.8and any other law to the contrary, when a petition is filed for commitment under this
9.9chapterpursuant to the notice required in of a person who was referred under section
9.10244.05, subdivision 7
, the state and county are each responsible for 50 percent of the cost
9.11of the person's confinement at a state facility or county jail, prior to commitment.
9.12 Sec. 10. Minnesota Statutes 2013 Supplement, section 253D.14, subdivision 3, is
9.13amended to read:
9.14 Subd. 3. Notice of discharge or release. Before provisionally discharging,
9.15discharging,granting pass-eligible status, approving a pass plan, or otherwise permanently
9.16or temporarily releasing a person committed under this chapter from a treatment facility,
9.17the executive director shall make a reasonable effort to notify any victim of a crime for
9.18which the person was convicted that the person may be discharged or released and that
9.19the victim has a right to submit a written statement regardingdecisions of the executive
9.20director, or special review board the decision, with respect to the person. To the extent
9.21possible, the notice must be provided at least 14 days beforeany special review board a
9.22 hearingor before a determination on a pass plan. Notwithstanding section
611A.06,
9.23subdivision 4 , the commissioner shall provide the judicial appeal panel under section
9.24253D.11 with victim information in order to comply with the provisions of this chapter.
9.25The judicialappeal panel shall ensure that the data on victims remains private as provided
9.26for in section611A.06, subdivision 4 .
9.27 Sec. 11. Minnesota Statutes 2013 Supplement, section 253D.20, is amended to read:
9.28253D.20 RIGHT TO COUNSEL.
9.29A committed person has the right to be represented by counsel at any proceeding
9.30under this chapter. The court shall appoint a qualified attorney from the sex offender
9.31civil commitment defense panel established under section 253D.201, to represent
9.32the committed person if neither the committed person nor others provide counsel.
10.1The attorney shall be appointed at the time a petition for commitment is filed. In all
10.2proceedings under this chapter, the attorney shall:
10.3(1) consult with the person prior to any hearing;
10.4(2) be given adequate time and access to records to prepare for all hearings;
10.5(3) continue to represent the person throughout any proceedings under this chapter
10.6unless released as counsel by the court; and
10.7(4) be a vigorous advocate on behalf of the person.
10.8 Sec. 12. [253D.201] SEX OFFENDER CIVIL COMMITMENT DEFENSE
10.9OFFICE.
10.10 Subdivision 1. Establishment; operation. A Sex Offender Civil Commitment
10.11Defense Office is established. The office is part of, but not subject to the administrative
10.12control of, the judicial branch of government. The Supreme Court shall appoint a chief
10.13administrator who shall supervise the operation of the office. The office shall approve and
10.14administer a panel of defense counsel to represent respondents and committed persons in
10.15proceedings under this chapter and provide for investigative and professional resources
10.16necessary for the provision of quality legal representation.
10.17 Subd. 2. Costs of defense services. Notwithstanding section 253B.23, subdivision
10.181, to the extent the costs of defense counsel, examiners, and witnesses employed or used
10.19by the defense office exceed ....... in a proceeding under this chapter, those costs must
10.20be paid by the state.
10.21 Sec. 13. Minnesota Statutes 2013 Supplement, section 253D.23, is amended to read:
10.22253D.23 PASSES PROHIBITED.
10.23A committed personmay be released on is not eligible for, and must not receive,
10.24 a passonly as provided by. Section
253B.18 , subdivisions 4a and 4b, do not apply to a
10.25committed person.
10.26 Sec. 14. APPROPRIATIONS.
10.27$....... in fiscal year 2015 is appropriated from the general fund to the Sex Offender
10.28Civil Commitment Screening Unit established under section 4.
10.29$....... in fiscal year 2015 is appropriated from the general fund to the Sex Offender
10.30Civil Commitment Defense Office established under section 12.
10.31 Sec. 15. REPEALER.
10.32Minnesota Statutes 2013 Supplement, sections 253D.27; and 253D.28, are repealed.
1.3persons with sexual psychopathic personalities and sexually dangerous persons;
1.4establishing a Sex Offender Civil Commitment Screening Unit; implementing
1.5the statewide sex offender civil commitment judicial panel; establishing a Sex
1.6Offender Civil Commitment Defense Office; appropriating money;amending
1.7Minnesota Statutes 2012, section 253B.18, subdivision 4b; Minnesota Statutes
1.82013 Supplement, sections 244.05, subdivision 7; 253B.18, subdivision 4c;
1.9253D.07, subdivision 1; 253D.08; 253D.09; 253D.11; 253D.12, subdivision
1.102; 253D.14, subdivision 3; 253D.20; 253D.23; proposing coding for new
1.11law in Minnesota Statutes, chapter 253D; repealing Minnesota Statutes 2013
1.12Supplement, sections 253D.27; 253D.28.
1.13BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.14 Section 1. Minnesota Statutes 2013 Supplement, section 244.05, subdivision 7, is
1.15amended to read:
1.16 Subd. 7. Sex offenders; civil commitment determination. (a) Before the
1.17commissioner releases from prison any inmate convicted under section
1.20the commissioner shall make a preliminary determination whether, in the commissioner's
1.21opinion, a petition under chapter 253D may be appropriate.
1.22
1.23
1.24
1.25
1.26establish a process for making a determination under this subdivision that is based on
1.27assessment standards established by the screening unit under section 253D.05.
2.1(b) In making this decision, the commissioner shall have access to the following data
2.2only for the purposes of the assessment and referral decision:
2.3(1) private medical data under section
2.4welfare data under section
2.5(2) private and confidential court services data under section
2.6(3) private and confidential corrections data under section
2.7(4) private criminal history data under section
2.8(c) If the commissioner determines that a petition may be appropriate, the
2.9commissioner shall forward this determination, along with a summary of the reasons for
2.10the determination, to the
2.11 Sex Offender Civil Commitment Screening Unit under section 253D.05, no later than
2.1212 months before the inmate's release date. If the inmate is received for incarceration
2.13with fewer than 12 months remaining in the inmate's term of imprisonment, or if the
2.14commissioner receives additional information less than 12 months before release that
2.15makes the inmate's case appropriate for referral, the commissioner shall forward the
2.16determination as soon as is practicable. Upon receiving the commissioner's preliminary
2.17determination, the
2.18
2.19 screening unit all requested documentation maintained by the department.
2.20 Sec. 2. Minnesota Statutes 2012, section 253B.18, subdivision 4b, is amended to read:
2.21 Subd. 4b. Pass-eligible status; notification.
2.22 committed to a secure treatment facility
2.23must not be placed on pass-eligible status
2.24
2.25
2.26
2.27(1) was found incompetent to proceed to trial for a felony or was found not guilty
2.28by reason of mental illness of a felony immediately prior to the filing of the commitment
2.29petition;
2.30(2) was convicted of a felony immediately prior to or during commitment as a
2.31person who is mentally ill and dangerous; or
2.32(3) is subject to a commitment to the commissioner of corrections
2.33
2.34
3.1At least ten days prior to a determination on the status, the medical director shall
3.2notify the committing court, the county attorney of the county of commitment, the
3.3designated agency, an interested person, the petitioner, and the petitioner's counsel of the
3.4proposed status, and their right to request review by the special review board. If within ten
3.5days of receiving notice any notified person requests review by filing a notice of objection
3.6with the commissioner and the head of the treatment facility, a hearing shall be held before
3.7the special review board. The proposed status shall not be implemented unless it receives
3.8a favorable recommendation by a majority of the board and approval by the commissioner.
3.9The order of the commissioner is appealable as provided in section
3.10Nothing in this subdivision shall be construed to give a patient an affirmative right to
3.11seek pass-eligible status from the special review board.
3.12 Sec. 3. Minnesota Statutes 2013 Supplement, section 253B.18, subdivision 4c, is
3.13amended to read:
3.14 Subd. 4c. Special review board. (a) The commissioner shall establish one or more
3.15panels of a special review board. The board shall consist of three members experienced
3.16in the field of mental illness. One member of each special review board panel shall be a
3.17psychiatrist or a doctoral level psychologist with forensic experience and one member
3.18shall be an attorney. No member shall be affiliated with the Department of Human
3.19Services. The special review board shall meet at least every six months and at the call of
3.20the commissioner. It shall hear and consider all petitions for a reduction in custody or to
3.21appeal a revocation of provisional discharge. A "reduction in custody" means transfer
3.22from a secure treatment facility, discharge, and provisional discharge. Patients may be
3.23transferred by the commissioner between secure treatment facilities without a special
3.24review board hearing.
3.25 Members of the special review board shall receive compensation and reimbursement
3.26for expenses as established by the commissioner.
3.27 (b)
3.28
3.29
3.30
3.31mentally ill and dangerous to the public under this section and as a sexual psychopathic
3.32personality or as a sexually dangerous person
3.33
3.34 Sec. 4. [253D.05] SEX OFFENDER CIVIL COMMITMENT SCREENING UNIT.
4.1 Subdivision 1. Establishment. (a) A Sex Offender Civil Commitment Screening
4.2Unit is established. The screening unit is part of the executive branch of government.
4.3The screening unit must operate as a centralized, professionally independent unit with
4.4statewide jurisdiction to develop and implement a comprehensive assessment process to
4.5evaluate individuals who may meet the criteria for civil commitment under this chapter
4.6and the appropriate terms and conditions of commitment, including placement.
4.7(b) An executive board comprised of two members appointed by the commissioner
4.8of human services, two members appointed by the commissioner of corrections, and
4.9one member appointed by the Supreme Court is responsible for overseeing the general
4.10administrative operations of the screening unit but has no control over the performance of
4.11professional duties of the screening unit. The member designated by the Supreme Court is
4.12the chair of the board. Members serve two-year terms. A member of the board must not
4.13be an employee of the Department of Human Services, the Department of Corrections, a
4.14county attorney, or the judicial branch. Section 15.0575 applies to the compensation and
4.15removal of members and filling of vacancies.
4.16 Subd. 2. Organization; multidisciplinary teams. (a) The executive board
4.17shall hire a director for the screening unit who must be chosen solely on the basis of
4.18training, experience, and other qualifications and will serve at the pleasure of the board.
4.19The director shall employ a sufficient number of individuals to serve as members of
4.20the screening unit and may employ staff to assist the members. The members must
4.21include individuals with the professional expertise, credentials, training, and professional
4.22independence to perform duties under this section.
4.23(b) Each case must be reviewed by a screening team comprised of at least three
4.24members of the screening unit. At least two members of a team must be professionals
4.25with training and credentials in the treatment, diagnosis, risk assessment, or management
4.26of sex offenders that ensure that assessments, determinations, and recommendations are
4.27evidence-based and use the most current and accurate science, including validated risk
4.28assessment instruments.
4.29 Subd. 3. Determinations and recommendations; use in court proceedings. (a)
4.30The screening unit shall:
4.31(1) review cases submitted by the commissioner of corrections under section 244.05,
4.32subdivision 7, or a county attorney under section 253D.07, subdivision 1, and determine
4.33whether the person meets the legal criteria for commitment under this chapter;
4.34(2) if a court makes a determination that a respondent is a person with a sexual
4.35psychopathic personality or sexually dangerous person, make a recommendation regarding
4.36the terms and conditions of the commitment, including the appropriate placement; and
5.1(3) when a case is subject to biennial review under this chapter, conduct a forensic
5.2evaluation and make a recommendation regarding whether the committed person should
5.3be transferred, provisionally discharged, or discharged under this chapter and the
5.4appropriate terms and conditions of any continued commitment, including placement.
5.5(b) If a case is submitted to the screening unit by the commissioner of corrections
5.6under section 244.05, subdivision 7, the screening unit shall notify the county attorney of
5.7the county where the inmate was convicted and the county where the inmate resided before
5.8incarceration of its determination regarding whether the person meets the legal criteria for
5.9commitment under this chapter. If the commissioner of corrections provided a preliminary
5.10determination to the screening unit at least 12 months before the inmate's scheduled release
5.11from prison, the unit shall provide the notice within 90 days after receiving the preliminary
5.12determination from the commissioner of corrections. If the commissioner of corrections
5.13provided a preliminary determination to the screening unit less than 12 months before the
5.14inmate's scheduled release, the unit shall provide the notice nine months before the inmate's
5.15scheduled release or within 30 days after receiving the preliminary determination from the
5.16commissioner of corrections, whichever is later. The screening unit shall release requested
5.17documentation for its determination to the county attorney, including documentation
5.18created by the screening unit or received from the commissioner of corrections.
5.19(c) If a case is submitted to the screening unit by a county attorney under section
5.20253D.07, subdivision 1, the screening unit shall notify the county attorney of its
5.21determination regarding whether the person meets the legal criteria for commitment under
5.22this chapter. The notice must be given within 30 days after the case is submitted.
5.23(d) Failure to comply with the timelines under paragraph (b) or (c) does not affect
5.24the validity or effectiveness of a determination. A determination or recommendation
5.25of the screening unit is not binding but may be admissible in a proceeding under this
5.26chapter. A member of the screening unit must not testify at a proceeding where a report
5.27of the screening unit will be considered.
5.28 Subd. 4. Access to data. The screening unit has access to the data specified in
5.29sections 244.05, subdivision 7, paragraph (b), and 253D.08, subdivision 2, for purposes of
5.30making a determination under subdivision 3, clause (1). The screening unit may move
5.31for an order under section 253D.08, subdivision 1, in the same manner as the county
5.32attorney, to obtain access to other records regarding an inmate or potential respondent
5.33that may be relevant to its determination.
5.34 Subd. 5. Development and publication of standards. (a) The screening unit shall
5.35develop clear, consistent, and scientifically based standards by which individuals are
5.36screened for civil commitment and for determining the appropriate treatment, including
6.1standards for determining whether an individual meets the legal criteria for commitment;
6.2terms and conditions of commitment, including placement; and standards for a transfer,
6.3provisional discharge, or discharge. The standards must be evidence-based and use the
6.4most current and accurate science, including validated risk assessment instruments.
6.5(b) The screening unit shall maintain expertise on the most current and accurate
6.6assessment methods and analysis and regularly publish guidance on these subjects for the
6.7benefit of courts, petitioners, defense counsel, and those subject to civil commitment
6.8proceedings under this chapter.
6.9(c) The screening unit shall develop assessment standards for use by the
6.10commissioner of corrections under section 244.05, subdivision 7, for purposes of making
6.11a determination that an inmate is in a high-risk category and a preliminary determination
6.12that a petition under this chapter may be appropriate.
6.13 Subd. 6. Audit. At least once every two years, the executive board established
6.14under subdivision 1 shall arrange for an independent audit of the work of the screening
6.15unit to ensure that the screening unit produces consistent, accurate, and quality evaluations
6.16that identify the scientific basis for recommendations and that the screening unit operates
6.17as a professionally independent entity that is not subject to pressure or retaliation from
6.18any source in the performance of its duties.
6.19 Sec. 5. Minnesota Statutes 2013 Supplement, section 253D.07, subdivision 1, is
6.20amended to read:
6.21 Subdivision 1. Commitment generally. (a) Before commitment proceedings are
6.22instituted, the
6.23Civil Commitment Screening Unit under section 253D.05, provided that if the case
6.24was submitted to the screening unit by the commissioner of corrections under section
6.25244.05, subdivision 7, and the screening unit has not submitted its determination 48 hours
6.26before the inmate's scheduled release, the county attorney may file a petition pending a
6.27determination by the screening unit. In addition, the county attorney may file a petition
6.28pending a determination if there is good cause for not submitting the case to the screening
6.29unit in time to receive a determination before the filing of the petition. The petition must
6.30include a statement of good cause. Upon a motion to dismiss for lack of good cause, or
6.31when considering an application of the county attorney for a judicial hold order under
6.32section 253B.07, subdivision 2b or 7, the court shall dismiss the petition unless the
6.33court determines that the county attorney has established good cause. Dismissal does
6.34not preclude the county attorney from filing a new petition after the requirements of
6.35this paragraph have been satisfied.
7.1(b) The screening unit must submit its determination regarding whether an individual
7.2meets the legal criteria for commitment under this chapter to the county attorney, who, if
7.3satisfied that good cause exists, will prepare the petition.
7.4
7.5does not meet the criteria for commitment is not binding on the county attorney. The
7.6petition is to be executed by a person having knowledge of the facts and filed with the
7.7
7.8
7.9
7.10
7.11to the judicial panel under section 253D.11. The county attorney, as determined pursuant
7.12to section 253B.23, subdivision 1b, is responsible for making a decision regarding the
7.13filing of a commitment petition.
7.14 Sec. 6. Minnesota Statutes 2013 Supplement, section 253D.08, is amended to read:
7.15253D.08 COUNTY ATTORNEY ACCESS TO DATA.
7.16 Subdivision 1. Court order required. (a) Notwithstanding sections
7.18subdivision 8
7.19other state law, prior to filing a petition for commitment of a sexually dangerous person
7.20or a person with a sexual psychopathic personality, and upon notice to the proposed
7.21committed person, the county attorney or the county attorney's designee may move the
7.22court for an order granting access to any records or data, to the extent it relates to the
7.23proposed committed person, for the purpose of determining whether good cause exists to
7.24file a petition and, if a petition is filed, to support the allegations set forth in the petition.
7.25 (b) The court may grant the motion if: (1) the Department of Corrections refers
7.26the case for commitment of a sexually dangerous person or a person with a sexual
7.27psychopathic personality; or (2) upon a showing that the requested category of data or
7.28records may be relevant to the determination by the county attorney or designee. The court
7.29shall decide a motion under this section within 48 hours after a hearing on the motion.
7.30Notice to the proposed committed person need not be given upon a showing that such
7.31notice may result in harm or harassment of interested persons or potential witnesses.
7.32 Subd. 2. Court order not required; Department of Corrections, probation, or
7.33parole data. Notwithstanding any provision of chapter 13 or other state law, a county
7.34attorney considering the civil commitment of a person under this chapter may obtain
7.35records and data from the Department of Corrections or any probation or parole agency in
8.1this state upon request, without a court order, for the purpose of determining whether good
8.2cause exists to file a petition and, if a petition is filed, to support the allegations set forth in
8.3the petition. At the time of the request for the records, the county attorney shall provide
8.4notice of the request to the person who is the subject of the records.
8.5 Subd. 3. Data retain classification; limited use in other proceedings. Data
8.6collected pursuant to this section shall retain their original status and, if not public, are
8.7inadmissible in any court proceeding unrelated to civil commitment, unless otherwise
8.8permitted.
8.9 Sec. 7. Minnesota Statutes 2013 Supplement, section 253D.09, is amended to read:
8.10253D.09 PETITION DETERMINATION REQUIRED.
8.11 (a) Within 120 days of receipt of a preliminary determination from a court under
8.12section
8.13Offender Civil Commitment Screening Unit pursuant to section
8.14
8.15exists to file a petition, and if good cause exists, the county attorney or designee shall file
8.16the petition with the court.
8.17 (b) Failure to meet the requirements of paragraph (a) does not bar filing a petition
8.18under section
8.19to section
8.20been submitted to the screening unit under section 253D.05.
8.21 Sec. 8. Minnesota Statutes 2013 Supplement, section 253D.11, is amended to read:
8.22253D.11 STATEWIDE JUDICIAL PANEL.
8.23
8.24district judges, which may include retired judges, with statewide authority to preside
8.25over commitment proceedings of sexually dangerous persons or persons with sexual
8.26psychopathic personalities.
8.27a particular commitment proceeding. Panel members shall serve
8.28 specified by the Supreme Court. One of the judges shall be designated as the chief judge
8.29of the panel, and is vested with the power to designate the presiding judge in a particular
8.30case, to set the proper venue for the proceedings, and to otherwise supervise and direct
8.31the operation of the panel. The chief judge shall designate one of the other judges to act
8.32as chief judge whenever the chief judge is unable to act.
8.33
8.34
9.1
9.2
9.3
9.4
9.5 Sec. 9. Minnesota Statutes 2013 Supplement, section 253D.12, subdivision 2, is
9.6amended to read:
9.7 Subd. 2. Share of cost of confinement. Notwithstanding sections
9.8and any other law to the contrary, when a petition is filed for commitment under this
9.9chapter
9.11of the person's confinement at a state facility or county jail, prior to commitment.
9.12 Sec. 10. Minnesota Statutes 2013 Supplement, section 253D.14, subdivision 3, is
9.13amended to read:
9.14 Subd. 3. Notice of discharge or release. Before provisionally discharging,
9.15discharging,
9.16or temporarily releasing a person committed under this chapter from a treatment facility,
9.17the executive director shall make a reasonable effort to notify any victim of a crime for
9.18which the person was convicted that the person may be discharged or released and that
9.19the victim has a right to submit a written statement regarding
9.20
9.21possible, the notice must be provided at least 14 days before
9.22 hearing
9.23subdivision 4
9.24253D.11 with victim information in order to comply with the provisions of this chapter.
9.25The judicial
9.26for in section
9.27 Sec. 11. Minnesota Statutes 2013 Supplement, section 253D.20, is amended to read:
9.28253D.20 RIGHT TO COUNSEL.
9.29A committed person has the right to be represented by counsel at any proceeding
9.30under this chapter. The court shall appoint a qualified attorney from the sex offender
9.31civil commitment defense panel established under section 253D.201, to represent
9.32the committed person if neither the committed person nor others provide counsel.
10.1The attorney shall be appointed at the time a petition for commitment is filed. In all
10.2proceedings under this chapter, the attorney shall:
10.3(1) consult with the person prior to any hearing;
10.4(2) be given adequate time and access to records to prepare for all hearings;
10.5(3) continue to represent the person throughout any proceedings under this chapter
10.6unless released as counsel by the court; and
10.7(4) be a vigorous advocate on behalf of the person.
10.8 Sec. 12. [253D.201] SEX OFFENDER CIVIL COMMITMENT DEFENSE
10.9OFFICE.
10.10 Subdivision 1. Establishment; operation. A Sex Offender Civil Commitment
10.11Defense Office is established. The office is part of, but not subject to the administrative
10.12control of, the judicial branch of government. The Supreme Court shall appoint a chief
10.13administrator who shall supervise the operation of the office. The office shall approve and
10.14administer a panel of defense counsel to represent respondents and committed persons in
10.15proceedings under this chapter and provide for investigative and professional resources
10.16necessary for the provision of quality legal representation.
10.17 Subd. 2. Costs of defense services. Notwithstanding section 253B.23, subdivision
10.181, to the extent the costs of defense counsel, examiners, and witnesses employed or used
10.19by the defense office exceed ....... in a proceeding under this chapter, those costs must
10.20be paid by the state.
10.21 Sec. 13. Minnesota Statutes 2013 Supplement, section 253D.23, is amended to read:
10.22253D.23 PASSES PROHIBITED.
10.23A committed person
10.24 a pass
10.25committed person.
10.26 Sec. 14. APPROPRIATIONS.
10.27$....... in fiscal year 2015 is appropriated from the general fund to the Sex Offender
10.28Civil Commitment Screening Unit established under section 4.
10.29$....... in fiscal year 2015 is appropriated from the general fund to the Sex Offender
10.30Civil Commitment Defense Office established under section 12.
10.31 Sec. 15. REPEALER.
10.32Minnesota Statutes 2013 Supplement, sections 253D.27; and 253D.28, are repealed.
