Bill Text: MN HF947 | 2013-2014 | 88th Legislature | Engrossed


Bill Title: Sexually dangerous persons and persons with sexual psychopathic personalities commitment law distinguished and clarified from other civil commitments.

Sponsorship: Bipartisan Bill

Status: (Passed) 2013-05-14 - Secretary of State Chapter 49 05/09/13 [HF947 Detail]

Download: Minnesota-2013-HF947-Engrossed.html

1.1A bill for an act
1.2relating to human services; distinguishing and clarifying law regarding civil
1.3commitment of sexually dangerous persons and persons with sexual psychopathic
1.4personalities from other civil commitments;amending Minnesota Statutes 2012,
1.5sections 253B.02, subdivisions 18a, 24; 253B.03, subdivision 1a; 253B.045,
1.6subdivision 1a; 253B.092, subdivision 1; 253B.17, subdivision 1; 253B.185;
1.7253B.19, subdivision 2; proposing coding for new law as Minnesota Statutes,
1.8chapter 253D.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.10    Section 1. Minnesota Statutes 2012, section 253B.02, subdivision 18a, is amended to
1.11read:
1.12    Subd. 18a. Secure treatment facility. "Secure treatment facility" means the
1.13Minnesota Security Hospital and the Minnesota sex offender program facility in Moose
1.14Lake and any portion of the Minnesota sex offender program operated by the Minnesota
1.15sex offender program at the Minnesota Security Hospital, but does not include services
1.16or programs administered by the secure treatment facility Minnesota Security Hospital
1.17 outside a secure environment.

1.18    Sec. 2. Minnesota Statutes 2012, section 253B.02, subdivision 24, is amended to read:
1.19    Subd. 24. Administrative restriction. "Administrative restriction" means any
1.20measure utilized by the commissioner to maintain safety and security, protect possible
1.21evidence, and prevent the continuation of suspected criminal acts. Administrative
1.22restriction does not mean protective isolation as defined by Minnesota Rules, part
1.239515.3090, subpart 4. Administrative restriction may include increased monitoring,
1.24program limitations, loss of privileges, restricted access to and use of possessions,
1.25and separation of a patient committed person from the normal living environment,
2.1as determined by the commissioner or the commissioner's designee. Administrative
2.2restriction applies only to patients committed persons in a secure treatment facility as
2.3defined in subdivision 18a section 253D.02, subdivision 9, who:
2.4(1) are suspected of committing a crime or charged with a crime;
2.5(2) are the subject of a criminal investigation;
2.6(3) are awaiting sentencing following a conviction of a crime; or
2.7(4) are awaiting transfer to a correctional facility.
2.8The commissioner shall establish policies and procedures according to section 246.014,
2.9paragraph (d)
, regarding the use of administrative restriction. The policies and procedures
2.10shall identify the implementation and termination of administrative restrictions. Use of
2.11administrative restriction and the reason associated with the use shall be documented
2.12in the patient's medical record.

2.13    Sec. 3. Minnesota Statutes 2012, section 253B.03, subdivision 1a, is amended to read:
2.14    Subd. 1a. Administrative restriction. (a) A patient committed person has the
2.15right to be free from unnecessary or excessive administrative restriction. Administrative
2.16restriction shall not be used for the convenience of staff, for retaliation for filing
2.17complaints, or as a substitute for program treatment. Administrative restriction may not
2.18involve any further deprivation of privileges than is necessary.
2.19(b) Administrative restriction may include separate and secure housing.
2.20(c) Patients Committed Persons under administrative restriction shall not be limited
2.21in access to their attorney.
2.22(d) If a patient committed person is placed on administrative restriction because
2.23the patient committed person is suspected of committing a crime, the secure treatment
2.24facility must report the crime to the appropriate police agency within 24 hours of the
2.25beginning of administrative restriction. The patient committed person must be released
2.26from administrative restriction if a police agency does not begin an investigation within 72
2.27hours of the report.
2.28(e) A patient committed person placed on administrative restriction because the
2.29patient committed person is a subject of a criminal investigation must be released from
2.30administrative restriction when the investigation is completed. If the patient committed
2.31person is charged with a crime following the investigation, administrative restriction may
2.32continue until the charge is disposed of.
2.33(f) The secure treatment facility must notify the patient's committed person's
2.34 attorney of the patient committed person being placed on administrative restriction within
2.3524 hours after the beginning of administrative restriction.
3.1(g) The commissioner shall establish policies and procedures according to section
3.2246.014, paragraph (d), regarding the use of administrative restriction. The policies
3.3and procedures shall identify the implementation and termination of administrative
3.4restrictions. Use of administration restriction and the reason associated with the use shall
3.5be documented in the committed person's medical record.

3.6    Sec. 4. Minnesota Statutes 2012, section 253B.045, subdivision 1a, is amended to read:
3.7    Subd. 1a. Exception Correctional facilities. (a) A person who is being petitioned
3.8for commitment under section 253B.185 this chapter and who is placed under a judicial
3.9hold order under section 253B.07, subdivision 2b or 7, may be confined at a Department
3.10of Corrections or a county correctional or detention facility, rather than a secure treatment
3.11facility, until a determination of the commitment petition as specified in this subdivision.
3.12    (b) A court may order that a person who is being petitioned for commitment under
3.13section 253B.185 this chapter be confined in a Department of Corrections facility pursuant
3.14to the judicial hold order under the following circumstances and conditions:
3.15    (1) The person is currently serving a sentence in a Department of Corrections
3.16facility and the court determines that the person has made a knowing and voluntary (i)
3.17waiver of the right to be held in a secure treatment facility and (ii) election to be held in a
3.18Department of Corrections facility. The order confining the person in the Department of
3.19Corrections facility shall remain in effect until the court vacates the order or the person's
3.20criminal sentence and conditional release term expire.
3.21    In no case may the person be held in a Department of Corrections facility pursuant
3.22only to this subdivision, and not pursuant to any separate correctional authority, for more
3.23than 210 days.
3.24    (2) A person who has elected to be confined in a Department of Corrections facility
3.25under this subdivision may revoke the election by filing a written notice of intent to revoke
3.26the election with the court and serving the notice upon the Department of Corrections and
3.27the county attorney. The court shall order the person transferred to a secure treatment
3.28facility within 15 days of the date that the notice of revocation was filed with the court,
3.29except that, if the person has additional time to serve in prison at the end of the 15-day
3.30period, the person shall not be transferred to a secure treatment facility until the person's
3.31prison term expires. After a person has revoked an election to remain in a Department of
3.32Corrections facility under this subdivision, the court may not adopt another election to
3.33remain in a Department of Corrections facility without the agreement of both parties and
3.34the Department of Corrections.
4.1    (3) Upon petition by the commissioner of corrections, after notice to the parties
4.2and opportunity for hearing and for good cause shown, the court may order that the
4.3person's place of confinement be changed from the Department of Corrections to a secure
4.4treatment facility.
4.5    (4) While at a Department of Corrections facility pursuant to this subdivision, the
4.6person shall remain subject to all rules and practices applicable to correctional inmates
4.7in the facility in which the person is placed including, but not limited to, the powers and
4.8duties of the commissioner of corrections under section 241.01, powers relating to use of
4.9force under section 243.52, and the right of the commissioner of corrections to determine
4.10the place of confinement in a prison, reformatory, or other facility.
4.11    (5) A person may not be confined in a Department of Corrections facility under this
4.12provision beyond the end of the person's executed sentence or the end of any applicable
4.13conditional release period, whichever is later. If a person confined in a Department of
4.14Corrections facility pursuant to this provision reaches the person's supervised release
4.15date and is subject to a period of conditional release, the period of conditional release
4.16shall commence on the supervised release date even though the person remains in the
4.17Department of Corrections facility pursuant to this provision. At the end of the later of
4.18the executed sentence or any applicable conditional release period, the person shall be
4.19transferred to a secure treatment facility.
4.20    (6) Nothing in this section may be construed to establish a right of an inmate in a
4.21state correctional facility to participate in sex offender treatment. This section must be
4.22construed in a manner consistent with the provisions of section 244.03.
4.23    (c) The committing county may offer a person who is being petitioned for
4.24commitment under section 253B.185 this chapter and who is placed under a judicial
4.25hold order under section 253B.07, subdivision 2b or 7, the option to be held in a county
4.26correctional or detention facility rather than a secure treatment facility, under such terms
4.27as may be agreed to by the county, the commitment petitioner, and the commitment
4.28respondent. If a person makes such an election under this paragraph, the court hold order
4.29shall specify the terms of the agreement, including the conditions for revoking the election.

4.30    Sec. 5. Minnesota Statutes 2012, section 253B.092, subdivision 1, is amended to read:
4.31    Subdivision 1. General. Neuroleptic medications may be administered, only as
4.32provided in this section, to patients subject to early intervention or civil commitment as
4.33mentally ill or, mentally ill and dangerous only as provided in this section, a sexually
4.34dangerous person, or a person with a sexual psychopathic personality. For purposes of
4.35this section, "patient" includes a proposed patient who is the subject of a petition for
5.1early intervention or commitment and a committed person as defined in section 253D.02,
5.2subdivision 3.

5.3    Sec. 6. Minnesota Statutes 2012, section 253B.17, subdivision 1, is amended to read:
5.4    Subdivision 1. Petition. Any patient, except one committed as a sexually dangerous
5.5person or a person with a sexual psychopathic personality or as a person who is mentally
5.6ill and dangerous to the public or as a sexually dangerous person or person with a sexual
5.7psychopathic personality as provided in section 253B.18, subdivision 3, or any interested
5.8person may petition the committing court or the court to which venue has been transferred
5.9for an order that the patient is not in need of continued care and treatment or for an order
5.10that an individual is no longer a person who is mentally ill, developmentally disabled, or
5.11chemically dependent, or for any other relief. A patient committed as a person who is
5.12mentally ill or mentally ill and dangerous or a sexually dangerous person or person with a
5.13sexual psychopathic personality may petition the committing court or the court to which
5.14venue has been transferred for a hearing concerning the administration of neuroleptic
5.15medication.

5.16    Sec. 7. Minnesota Statutes 2012, section 253B.185, is amended to read:
5.17253B.185 SEXUAL PSYCHOPATHIC PERSONALITY; SEXUALLY
5.18DANGEROUS; SEXUAL PSYCHOPATHIC PERSONALITY.
5.19    Subdivision 1. Commitment generally. (a) Except as otherwise provided in this
5.20section, the provisions of this chapter pertaining to persons who are mentally ill and
5.21dangerous to the public apply with like force and effect to persons who are alleged or
5.22found to be sexually dangerous persons or persons with a sexual psychopathic personality.
5.23For purposes of this section, "sexual psychopathic personality" includes any individual
5.24committed as a "psychopathic personality" under Minnesota Statutes 1992, section 526.10.
5.25(b) (a) Before commitment proceedings are instituted, the facts shall first be
5.26submitted to the county attorney, who, if satisfied that good cause exists, will prepare the
5.27petition. The county attorney may request a prepetition screening report. The petition is to
5.28be executed by a person having knowledge of the facts and filed with the district court
5.29of the county of financial responsibility, as defined in section 253B.02, subdivision 4c,
5.30 or the county where the patient respondent is present. If the patient respondent is in the
5.31custody of the commissioner of corrections, the petition may be filed in the county where
5.32the conviction for which the person is incarcerated was entered.
5.33(c) (b) Upon the filing of a petition alleging that a proposed patient respondent is
5.34a sexually dangerous person or is a person with a sexual psychopathic personality, the
6.1court shall hear the petition as provided in section 253B.18, except that section 253B.18,
6.2subdivisions 2
and 3, shall not apply sections 253B.07 and 253B.08.
6.3(d) In commitments under this section, (c) If the court finds by clear and convincing
6.4evidence that the respondent is a sexually dangerous person or a person with a sexual
6.5psychopathic personality, the court shall commit the patient person to a secure treatment
6.6facility unless the patient person establishes by clear and convincing evidence that a
6.7less restrictive treatment program is available that, is willing to accept the respondent
6.8under commitment, and is consistent with the patient's person's treatment needs and the
6.9requirements of public safety.
6.10(e) (d) After a final determination that a patient respondent is a sexually dangerous
6.11person or a person with a sexual psychopathic personality, the court shall order commitment
6.12for an indeterminate period of time and the patient committed person shall be transferred,
6.13provisionally discharged, or discharged, only as provided in this section chapter.
6.14    Subd. 1a. Temporary confinement Jails. During any hearing held under this
6.15section chapter, or pending emergency revocation of a provisional discharge, the court
6.16may order the patient committed person or proposed patient committed person temporarily
6.17confined in a jail or lockup but only if:
6.18(1) there is no other feasible place of confinement for the patient person within a
6.19reasonable distance;
6.20(2) the confinement is for less than 24 hours or, if during a hearing, less than 24
6.21hours prior to commencement and after conclusion of the hearing; and
6.22(3) there are protections in place, including segregation of the patient person, to
6.23ensure the safety of the patient person.
6.24    Subd. 1b. County attorney access to data. Notwithstanding sections 144.291
6.25to 144.298; 245.467, subdivision 6; 245.4876, subdivision 7; 260B.171; 260B.235,
6.26subdivision 8
; 260C.171; and 609.749, subdivision 6, or any provision of chapter 13
6.27or other state law, prior to filing a petition for commitment as a sexual psychopathic
6.28 personality or as a sexually dangerous person of a sexually dangerous person or a person
6.29with a sexual psychopathic personality, and upon notice to the proposed patient committed
6.30person, the county attorney or the county attorney's designee may move the court for an
6.31order granting access to any records or data, to the extent it relates to the proposed patient
6.32 committed person, for the purpose of determining whether good cause exists to file a
6.33petition and, if a petition is filed, to support the allegations set forth in the petition.
6.34    The court may grant the motion if: (1) the Department of Corrections refers the case
6.35for commitment as a sexual psychopathic personality or a sexually dangerous person of
6.36a sexually dangerous person or a person with a sexual psychopathic personality; or (2)
7.1upon a showing that the requested category of data or records may be relevant to the
7.2determination by the county attorney or designee. The court shall decide a motion under
7.3this subdivision section within 48 hours after a hearing on the motion. Notice to the
7.4proposed patient committed person need not be given upon a showing that such notice
7.5may result in harm or harassment of interested persons or potential witnesses.
7.6    Notwithstanding any provision of chapter 13 or other state law, a county attorney
7.7considering the civil commitment of a person under this section chapter may obtain
7.8records and data from the Department of Corrections or any probation or parole agency in
7.9this state upon request, without a court order, for the purpose of determining whether good
7.10cause exists to file a petition and, if a petition is filed, to support the allegations set forth in
7.11the petition. At the time of the request for the records, the county attorney shall provide
7.12notice of the request to the person who is the subject of the records.
7.13    Data collected pursuant to this subdivision section shall retain their original status
7.14and, if not public, are inadmissible in any court proceeding unrelated to civil commitment,
7.15unless otherwise permitted.
7.16    Subd. 2. Transfer to correctional facility. (a) If a person has been committed
7.17under this section chapter and later is committed to the custody of the commissioner of
7.18corrections for any reason, including but not limited to, being sentenced for a crime or
7.19revocation of the person's supervised release or conditional release under section 244.05;
7.20609.3455, subdivision 6, 7, or 8; Minnesota Statutes 2004, section 609.108, subdivision
7.216; or Minnesota Statutes 2004, section 609.109, subdivision 7, the person shall be
7.22transferred to a facility designated by the commissioner of corrections without regard to
7.23the procedures provided in subdivision 11 section 253D.29, subdivision 1.
7.24    (b) If a person is committed under this section chapter after a commitment to
7.25the commissioner of corrections, the person shall first serve the sentence in a facility
7.26designated by the commissioner of corrections. After the person has served the sentence,
7.27the person shall be transferred to a treatment program designated by the commissioner
7.28of human services.
7.29    Subd. 3. Not to constitute defense. The existence in any person of a condition of a
7.30sexual psychopathic personality or the fact that a person is a sexually dangerous person
7.31shall not in any case constitute a defense to a charge of crime, nor relieve such person
7.32from liability to be tried upon a criminal charge.
7.33    Subd. 4. Statewide judicial panel; commitment proceedings. (a) The Supreme
7.34Court may establish a panel of district judges with statewide authority to preside over
7.35commitment proceedings of sexual psychopathic personalities and sexually dangerous
7.36 persons sexually dangerous persons or persons with sexual psychopathic personalities.
8.1Only one judge of the panel is required to preside over a particular commitment
8.2proceeding. Panel members shall serve for one-year terms. One of the judges shall be
8.3designated as the chief judge of the panel, and is vested with the power to designate the
8.4presiding judge in a particular case, to set the proper venue for the proceedings, and to
8.5otherwise supervise and direct the operation of the panel. The chief judge shall designate
8.6one of the other judges to act as chief judge whenever the chief judge is unable to act.
8.7(b) If the Supreme Court creates the judicial panel authorized by this section, all
8.8petitions for civil commitment brought under subdivision 1 section 253D.07 shall be filed
8.9with the supreme court instead of with the district court in the county where the proposed
8.10patient is present, notwithstanding any provision of subdivision 1 section 253D.07 to the
8.11contrary. Otherwise, all of the other applicable procedures contained in this chapter and
8.12sections 253B.07 and 253B.08 apply to commitment proceedings conducted by a judge
8.13on the panel.
8.14    Subd. 5. Financial responsibility. (a) For purposes of this subdivision, "state
8.15facility" has the meaning given in section 246.50 and also includes a Department of
8.16Corrections facility when the proposed patient respondent is confined in such a facility
8.17pursuant to section 253B.045, subdivision 1a 253D.10, subdivision 2.
8.18    (b) Notwithstanding sections 246.54, 253B.045 253D.10, and any other law to the
8.19contrary, when a petition is filed for commitment under this section chapter pursuant
8.20to the notice required in section 244.05, subdivision 7, the state and county are each
8.21responsible for 50 percent of the cost of the person's confinement at a state facility or
8.22county jail, prior to commitment.
8.23    (c) The county shall submit an invoice to the state court administrator for
8.24reimbursement of the state's share of the cost of confinement.
8.25    (d) Notwithstanding paragraph (b), the state's responsibility for reimbursement is
8.26limited to the amount appropriated for this purpose.
8.27    Subd. 7. Rights of patients persons committed under this section chapter. (a)
8.28The commissioner or the commissioner's designee may limit the statutory rights described
8.29in paragraph (b) for patients persons committed to the Minnesota sex offender program
8.30under this section chapter or with the commissioner's consent under section 246B.02. The
8.31statutory rights described in paragraph (b) may be limited only as necessary to maintain
8.32a therapeutic environment or the security of the facility or to protect the safety and
8.33well-being of patients committed persons, staff, and the public.
8.34(b) The statutory rights that may be limited in accordance with paragraph (a) are
8.35those set forth in section 144.651, subdivision 19, personal privacy; section 144.651,
8.36subdivision 21
, private communications; section 144.651, subdivision 22, retain and use
9.1of personal property; section 144.651, subdivision 25, manage personal financial affairs;
9.2section 144.651, subdivision 26, meet with visitors and participate in groups; section
9.3253B.03, subdivision 2 , correspond with others; and section 253B.03, subdivision 3,
9.4receive visitors and make telephone calls. Other statutory rights enumerated by sections
9.5144.651 and 253B.03, or any other law, may be limited as provided in those sections.
9.6    Subd. 8. Petition and report required. (a) Within 120 days of receipt of a
9.7preliminary determination from a court under section 609.1351, or a referral from the
9.8commissioner of corrections pursuant to section 244.05, subdivision 7, a county attorney
9.9shall determine whether good cause under this section 253D.07 exists to file a petition, and
9.10if good cause exists, the county attorney or designee shall file the petition with the court.
9.11    (b) Failure to meet the requirements of paragraph (a) does not bar filing a petition
9.12under subdivision 1 section 253D.07, subdivision 2, any time the county attorney
9.13determines pursuant to subdivision 1 section 253D.07 that good cause for such a petition
9.14exists.
9.15    Subd. 9. Petition for reduction in custody. (a) This subdivision applies only
9.16to committed persons as defined in paragraph (b) section 253D.02, subdivision 4. The
9.17procedures in subdivision 10 section 253D.14 for victim notification and right to submit
9.18a statement apply to petitions filed and reductions in custody recommended under this
9.19subdivision.
9.20    (b) As used in this subdivision:
9.21    (1) "committed person" means an individual committed under this section, or under
9.22this section and under section 253B.18, as mentally ill and dangerous. It does not include
9.23persons committed only as mentally ill and dangerous under section 253B.18; and
9.24    (2) For the purposes of this section, "reduction in custody" means transfer out of
9.25a secure treatment facility, a provisional discharge, or a discharge from commitment. A
9.26reduction in custody is considered to be a commitment proceeding under section 8.01.
9.27    (c) A petition for a reduction in custody or an appeal of a revocation of provisional
9.28discharge may be filed by either the committed person or by the head of the treatment
9.29facility executive director and must be filed with and considered by a panel of the special
9.30review board authorized under section 253B.18, subdivision 4c. A committed person may
9.31not petition the special review board any sooner than six months following either:
9.32    (1) the entry of judgment in the district court of the order for commitment issued
9.33under section 253B.18, subdivision 3 253D.07, subdivision 5, or upon the exhaustion of
9.34all related appeal rights in state court relating to that order, whichever is later; or
9.35    (2) any recommendation of the special review board or order of the judicial appeal
9.36panel, or upon the exhaustion of all appeal rights in state court, whichever is later. The
10.1head of the treatment facility executive director may petition at any time. The special
10.2review board proceedings are not contested cases as defined in chapter 14.
10.3    (d) The special review board shall hold a hearing on each petition before issuing
10.4a recommendation and report under paragraph (f) section 253D.30, subdivision 4.
10.5Fourteen days before the hearing, the committing court, the county attorney of the
10.6county of commitment, the designated agency county attorney of the county of financial
10.7responsibility, an interested person, the petitioner and the petitioner's counsel, and the
10.8committed person and the committed person's counsel must be given written notice by the
10.9commissioner of the time and place of the hearing before the special review board. Only
10.10those entitled to statutory notice of the hearing or those administratively required to attend
10.11may be present at the hearing. The patient committed person may designate interested
10.12persons to receive notice by providing the names and addresses to the commissioner at
10.13least 21 days before the hearing.
10.14    (e) A person or agency receiving notice that submits documentary evidence to
10.15the special review board before the hearing must also provide copies to the committed
10.16person, the committed person's counsel, the county attorney of the county of commitment,
10.17 and the case manager, and the commissioner county attorney of the county of financial
10.18responsibility. The special review board must consider any statements received from
10.19victims under subdivision 10 section 253D.14.
10.20    (f) Within 30 days of the hearing, the special review board shall issue a report with
10.21 written findings of fact and shall recommend denial or approval of the petition to the
10.22judicial appeal panel established under section 253B.19. The commissioner shall forward
10.23the recommendation report of the special review board to the judicial appeal panel and
10.24to every person entitled to statutory notice. No reduction in custody or reversal of a
10.25revocation of provisional discharge recommended by the special review board is effective
10.26until it has been reviewed by the judicial appeal panel and until 15 days after an order
10.27from the judicial appeal panel affirming, modifying, or denying the recommendation.
10.28    Subd. 10. Victim notification of petition and release; right to submit statement.
10.29(a) As used in this subdivision section:
10.30(1) "crime" has the meaning given to "violent crime" in section 609.1095, and
10.31includes criminal sexual conduct in the fifth degree and offenses within the definition of
10.32"crime against the person" in section 253B.02, subdivision 4a, and also includes offenses
10.33listed in section 253B.02, subdivision 7a, paragraph (b), regardless of whether they are
10.34sexually motivated;
11.1(2) "victim" means a person who has incurred loss or harm as a result of a crime,
11.2the behavior for which forms the basis for a commitment under this section or section
11.3253B.18 chapter; and
11.4(3) "convicted" and "conviction" have the meanings given in section 609.02,
11.5subdivision 5
, and also include juvenile court adjudications, findings under Minnesota
11.6Rules of Criminal Procedure, rule 20.02, that the elements of a crime have been proved,
11.7and findings in commitment cases under this section or section 253B.18, that an act or
11.8acts constituting a crime occurred.
11.9(b) A county attorney who files a petition to commit a person under this section
11.10 chapter shall make a reasonable effort to provide prompt notice of filing the petition to any
11.11victim of a crime for which the person was convicted. In addition, the county attorney shall
11.12make a reasonable effort to promptly notify the victim of the resolution of the petition.
11.13(c) Before provisionally discharging, discharging, granting pass-eligible status,
11.14approving a pass plan, or otherwise permanently or temporarily releasing a person
11.15committed under this section chapter from a treatment facility, the head of the treatment
11.16facility executive director shall make a reasonable effort to notify any victim of a crime
11.17for which the person was convicted that the person may be discharged or released and
11.18that the victim has a right to submit a written statement regarding decisions of the head
11.19of the treatment facility or designee executive director, or special review board, with
11.20respect to the person. To the extent possible, the notice must be provided at least 14
11.21days before any special review board hearing or before a determination on a pass plan.
11.22Notwithstanding section 611A.06, subdivision 4, the commissioner shall provide the
11.23judicial appeal panel with victim information in order to comply with the provisions of
11.24this section. The judicial appeal panel shall ensure that the data on victims remains private
11.25as provided for in section 611A.06, subdivision 4.
11.26(d) This subdivision applies only to victims who have requested notification through
11.27the Department of Corrections electronic victim notification system, or by contacting, in
11.28writing, the county attorney in the county where the conviction for the crime occurred
11.29or where the civil commitment was filed or, following commitment, the head of the
11.30treatment facility executive director. A request for notice under this subdivision received
11.31by the commissioner of corrections through the Department of Corrections electronic
11.32victim notification system shall be promptly forwarded to the prosecutorial authority with
11.33jurisdiction over the offense to which the notice relates or, following commitment, the
11.34head of the treatment facility executive director. A county attorney who receives a request
11.35for notification under this paragraph subdivision following commitment shall promptly
11.36forward the request to the commissioner of human services.
12.1(e) Rights under this subdivision section are in addition to rights available to a victim
12.2under chapter 611A. This provision does not give a victim all the rights of a "notified
12.3person" or a person "entitled to statutory notice" under subdivision 12 or 13 or section
12.4253B.18, subdivision 4a, 4b, or 5; 253D.23; or 253D.27 .
12.5    Subd. 10a. Scope of community notification. (a) Notification of the public and
12.6disclosure of information under section 244.052, subdivision 4, regarding an individual
12.7who was committed under this section chapter or Minnesota Statutes 1992, section 526.10,
12.8is as provided under section 244.052, subdivision 4, paragraphs (b), clause (3), and (g), and
12.9subdivision 4b, regardless of the individual's assigned risk level. The restrictions under
12.10section 244.052, subdivision 4, paragraph (b), clause (3), placed on disclosing information
12.11on individuals living in residential facilities do not apply to persons committed under this
12.12section or Minnesota Statutes 1992, section 526.10. The local law enforcement agency
12.13may proceed with the broadest disclosure authorized under section 244.052, subdivision 4.
12.14(b) After four years from the date of an order for provisional discharge or discharge
12.15of civil commitment, the individual may petition the head of the treatment facility from
12.16which the individual was provisionally discharged or discharged executive director to
12.17have the scope of notification and disclosure based solely upon the individual's assigned
12.18risk level under section 244.052.
12.19(c) If an individual's provisional discharge is revoked for any reason, the four-year
12.20time period under paragraph (b) starts over from the date of a subsequent order for
12.21provisional discharge or discharge except that the head of the treatment facility or
12.22designee executive director may, in the that person's sole discretion of the head or
12.23designee, determine that the individual may petition before four years have elapsed from
12.24the date of the order of the subsequent provisional discharge or discharge and notify the
12.25individual of that determination.
12.26(d) The head of the treatment facility executive director shall appoint a
12.27multidisciplinary committee to review and make a recommendation on a petition made
12.28under paragraph (b). The head of the treatment facility or designee executive director may
12.29grant or deny the petition. There is no review or appeal of the decision. If a petition is
12.30denied, the individual may petition again after two years from the date of denial.
12.31(e) Nothing in this subdivision section shall be construed to give an individual an
12.32affirmative right to petition the head of the treatment facility executive director earlier
12.33than four years after the date of an order for provisional discharge or discharge.
12.34(f) The head of the treatment facility executive director shall act in place of the
12.35individual's corrections agent for the purpose of section 244.052, subdivision 3, paragraph
12.36(h), when the individual is not assigned to a corrections agent.
13.1    Subd. 11. Transfer. (a) A patient person who is committed as a sexually dangerous
13.2person or a person with a sexual psychopathic personality shall not be transferred out
13.3of a secure treatment facility unless it appears to the satisfaction of the judicial appeal
13.4panel, after a hearing and recommendation by a majority of the special review board,
13.5that the transfer is appropriate. Transfer may be to other treatment programs under the
13.6commissioner's control.
13.7(b) The following factors must be considered in determining whether a transfer
13.8is appropriate:
13.9(1) the person's clinical progress and present treatment needs;
13.10(2) the need for security to accomplish continuing treatment;
13.11(3) the need for continued institutionalization;
13.12(4) which facility can best meet the person's needs; and
13.13(5) whether transfer can be accomplished with a reasonable degree of safety for
13.14the public.
13.15    Subd. 11a. Transfer; Voluntary readmission to a secure facility. (a) After a
13.16patient committed person has been transferred out of a secure facility pursuant to section
13.17253D.29, subdivision 11 1, and with the consent of the executive director of the Minnesota
13.18sex offender program, a patient committed person may voluntarily return to a secure
13.19facility operated by the Minnesota sex offender program for a period of up to 60 days.
13.20(b) If the patient committed person is not returned to the facility to which the patient
13.21 person was originally transferred pursuant to section 253D.29, subdivision 11 1, within
13.2260 days of being readmitted to a secure facility, the transfer is revoked and the patient
13.23 committed person shall remain in a secure facility. The patient committed person shall
13.24immediately be notified in writing of the revocation.
13.25(c) Within 15 days of receiving notice of the revocation, the patient committed
13.26person may petition the special review board for a review of the revocation. The special
13.27review board shall review the circumstances of the revocation and shall recommend to the
13.28judicial appeal panel whether or not the revocation shall be upheld. The special review
13.29board may also recommend a new transfer at the time of the revocation hearing.
13.30(d) If the transfer has not been revoked and the patient committed person is to be
13.31returned to the facility to which the patient committed person was originally transferred
13.32pursuant to section 253D.29, subdivision 11 1, with no substantive change to the
13.33conditions of the transfer ordered pursuant to section 253D.29, subdivision 11 1, no action
13.34by the special review board or judicial appeal panel is required.
13.35    Subd. 11b. Transfer; Revocation. (a) The executive director of the Minnesota sex
13.36offender program or designee may revoke a transfer made pursuant to section 253D.29,
14.1 subdivision 11 1, and require a patient committed person to return to a secure treatment
14.2facility if:
14.3(1) remaining in a nonsecure setting will not provide a reasonable degree of safety to
14.4the patient committed person or others; or
14.5(2) the patient committed person has regressed in clinical progress so that the facility
14.6to which the patient committed person was transferred is no longer sufficient to meet the
14.7patient's committed person's needs.
14.8(b) Upon the revocation of the transfer, the patient committed person shall be
14.9immediately returned to a secure treatment facility. A report documenting reasons for
14.10revocation shall be issued by the executive director or designee within seven days after the
14.11patient committed person is returned to the secure treatment facility. Advance notice to
14.12the patient committed person of the revocation is not required.
14.13(c) The patient committed person must be provided a copy of the revocation report
14.14and informed, orally and in writing, of the rights of a patient committed person under this
14.15subdivision section. The revocation report shall be served upon the patient committed
14.16person and the patient's committed person's counsel. The report shall outline the specific
14.17reasons for the revocation including, but not limited to, the specific facts upon which
14.18the revocation recommendation is based.
14.19(d) If a patient whose committed person's transfer is revoked must successfully
14.20re-petition the special review board and judicial appeal panel prior to being transferred
14.21out of a secure facility, the committed person may re-petition for transfer according to
14.22section 253D.27.
14.23(e) Any patient committed person aggrieved by a transfer revocation decision may
14.24petition the special review board within seven days, exclusive of Saturdays, Sundays,
14.25and legal holidays, after receipt of the revocation report for a review of the revocation.
14.26The matter shall be scheduled within 30 days. The special review board shall review
14.27the circumstances leading to the revocation and, after considering the factors in section
14.28253D.29, subdivision 11 1, paragraph (b), shall recommend to the judicial appeal panel
14.29whether or not the revocation shall be upheld. The special review board may also
14.30recommend a new transfer out of a secure facility at the time of the revocation hearing.
14.31    Subd. 12. Provisional discharge Factors. (a) A patient person who is committed
14.32as a sexual psychopathic personality or sexually dangerous person a sexually dangerous
14.33person or a person with a sexual psychopathic personality shall not be provisionally
14.34discharged unless it appears to the satisfaction of the judicial appeal panel, after a
14.35 hearing and a recommendation by a majority of the special review board, that the patient
14.36 committed person is capable of making an acceptable adjustment to open society.
15.1(b) The following factors are to be considered in determining whether a provisional
15.2discharge shall be recommended granted:
15.3(1) whether the patient's committed person's course of treatment and present mental
15.4status indicate there is no longer a need for treatment and supervision in the patient's
15.5 committed person's current treatment setting; and
15.6(2) whether the conditions of the provisional discharge plan will provide a reasonable
15.7degree of protection to the public and will enable the patient committed person to adjust
15.8successfully to the community.
15.9    Subd. 13. Provisional discharge Plan. A provisional discharge plan shall be
15.10developed, implemented, and monitored by the head of the treatment facility or designee
15.11 executive director in conjunction with the patient committed person and other appropriate
15.12persons. The head of the treatment facility or designee executive director shall, at least
15.13quarterly, review the plan with the patient committed person and submit a written report to
15.14the designated agency county attorneys of the county of commitment and the county of
15.15financial responsibility concerning the patient's committed person's status and compliance
15.16with each term of the plan.
15.17    Subd. 14. Provisional discharge; Review. A provisional discharge pursuant to this
15.18section chapter shall not automatically terminate. A full discharge shall occur only as
15.19provided in subdivision 18 section 253D.31. The commissioner shall notify the patient
15.20that the terms of a provisional discharge continue unless the patient committed person
15.21 requests and is granted a change in the conditions of provisional discharge or unless the
15.22patient committed person petitions the special review board for a full discharge and the
15.23discharge is granted by the judicial appeal panel.
15.24    Subd. 14a. Provisional discharge; Voluntary readmission. (a) With the consent
15.25of the executive director of the Minnesota sex offender program, a patient committed
15.26person may voluntarily return to the Minnesota sex offender program from provisional
15.27discharge for a period of up to 60 days.
15.28(b) If the patient committed person is not returned to provisional discharge status
15.29within 60 days of being readmitted to the Minnesota sex offender program, the provisional
15.30discharge is revoked. The patient committed person shall immediately be notified of the
15.31revocation in writing. Within 15 days of receiving notice of the revocation, the patient
15.32 committed person may request a review of the matter before the special review board. The
15.33special review board shall review the circumstances of the revocation and, after applying
15.34the standards in section 253D.30, subdivision 15 5, paragraph (a), shall recommend to
15.35the judicial appeal panel whether or not the revocation shall be upheld. The board may
15.36recommend a return to provisional discharge status.
16.1(c) If the provisional discharge has not been revoked and the patient committed
16.2person is to be returned to provisional discharge, the Minnesota sex offender program is
16.3not required to petition for a further review by the special review board unless the patient's
16.4 committed person's return to the community results in substantive change to the existing
16.5provisional discharge plan.
16.6    Subd. 15. Provisional discharge; Revocation. (a) The head of the treatment
16.7facility executive director may revoke a provisional discharge if either of the following
16.8grounds exist:
16.9(1) the patient committed person has departed from the conditions of the provisional
16.10discharge plan; or
16.11(2) the patient committed person is exhibiting behavior which may be dangerous to
16.12self or others.
16.13(b) The head of the treatment facility executive director may revoke the provisional
16.14discharge and, either orally or in writing, order that the patient committed person be
16.15immediately returned to the a Minnesota sex offender program treatment facility. A report
16.16documenting reasons for revocation shall be issued by the head of the treatment facility
16.17 executive director within seven days after the patient committed person is returned to the
16.18treatment facility. Advance notice to the patient committed person of the revocation
16.19is not required.
16.20(c) The patient committed person must be provided a copy of the revocation report
16.21and informed, orally and in writing, of the rights of a patient committed person under this
16.22section. The revocation report shall be served upon the patient committed person, the
16.23patient's committed person's counsel, and the designated agency county attorneys of the
16.24county of commitment and the county of financial responsibility. The report shall outline
16.25the specific reasons for the revocation, including but not limited to the specific facts upon
16.26which the revocation recommendation is based.
16.27(d) An individual who is revoked from provisional discharge must successfully
16.28re-petition the special review board and judicial appeal panel prior to being placed back
16.29on provisional discharge.
16.30    Subd. 16. Return of absent patient person. (a) If a patient committed person is
16.31absent without authorization, including failure to return to the custody of the Minnesota
16.32sex offender program upon the revocation of a provisional discharge, the head of the
16.33treatment facility or designee executive director shall report the absence to the local law
16.34enforcement agency. The head of the treatment facility executive director shall inform the
16.35committing court of the revocation or absence, and the committing court or other district
16.36court shall issue an order for the apprehension and holding of the patient committed
17.1person by a peace officer in any jurisdiction and transportation of the patient committed
17.2person to a facility operated by the Minnesota sex offender program or otherwise returned
17.3to the custody of the Minnesota sex offender program.
17.4(b) An employee of the Department of Human Services may apprehend, detain, or
17.5transport an absent patient committed person at anytime any time. The immunity provided
17.6under section 253B.23, subdivision 4, applies to the apprehension, detention, and transport
17.7of an absent patient committed person.
17.8(c) Upon receiving either the report or the apprehend and hold order in paragraph
17.9(a), a law enforcement agency shall enter information on the patient committed person
17.10 into the missing persons file of the National Crime Information Center database according
17.11to the missing persons practices. Where probable cause exists of a violation of section
17.12609.485 , a law enforcement agency shall also seek a felony arrest warrant and enter the
17.13warrant in the National Crime Information Center database.
17.14(d) For the purposes of ensuring public safety and the apprehension of an absent
17.15patient committed person, and notwithstanding state and federal data privacy laws, the
17.16Minnesota sex offender program shall disclose information about the absent patient
17.17 committed person relevant to the patient's person's apprehension and return to law
17.18enforcement agencies where the absent patient committed person is likely to be located or
17.19likely to travel through and to agencies with statewide jurisdiction.
17.20(e) Upon receiving either the report or the apprehend and hold order in paragraph
17.21(a), a patient committed person shall be apprehended and held by a peace officer in any
17.22jurisdiction pending return to a facility operated by the Minnesota sex offender program or
17.23otherwise returned to the custody of the Minnesota sex offender program.
17.24(f) A patient committed person detained solely under this subdivision may be held in
17.25a jail or lockup only if:
17.26(1) there is no other feasible place of detention for the patient person;
17.27(2) the detention is for less than 24 hours; and
17.28(3) there are protections in place, including segregation of the patient person, to
17.29ensure the safety of the patient person.
17.30These limitations do not apply to a patient committed person being held for criminal
17.31prosecution, including for violation of section 609.485.
17.32(g) If a patient committed person is detained under this subdivision section, the
17.33Minnesota sex offender program shall arrange to pick up the patient person within 24 hours
17.34of the time detention was begun and shall be responsible for securing transportation for the
17.35patient person to a facility operated by the Minnesota sex offender program, as determined
18.1by its the executive director. The expense of detaining and transporting a patient
18.2 committed person shall be the responsibility of the Minnesota sex offender program.
18.3(h) Immediately after an absent patient committed person is apprehended, the
18.4Minnesota sex offender program or the law enforcement agency that apprehended or
18.5returned the absent patient committed person shall notify the law enforcement agency
18.6that first received the absent patient committed person report under this subdivision
18.7 section, and that agency shall cancel the missing persons entry from the National Crime
18.8Information Center computer.
18.9    Subd. 17. Appeal. Any patient committed person aggrieved by a revocation
18.10decision or any interested person may petition the special review board within seven
18.11days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of the revocation
18.12report for a review of the revocation. The matter shall be scheduled within 30 days. The
18.13special review board shall review the circumstances leading to the revocation and shall
18.14recommend to the judicial appeal panel whether or not the revocation shall be upheld.
18.15The special review board may also recommend a new provisional discharge at the time
18.16of the revocation hearing.
18.17    Subd. 18. Discharge. A patient person who is committed as a sexual psychopathic
18.18 personality or sexually dangerous person sexually dangerous person or a person with a
18.19sexual psychopathic personality shall not be discharged unless it appears to the satisfaction
18.20of the judicial appeal panel, after a hearing and recommendation by a majority of the
18.21special review board, that the patient committed person is capable of making an acceptable
18.22adjustment to open society, is no longer dangerous to the public, and is no longer in
18.23need of inpatient treatment and supervision.
18.24In determining whether a discharge shall be recommended, the special review board
18.25and judicial appeal panel shall consider whether specific conditions exist to provide a
18.26reasonable degree of protection to the public and to assist the patient committed person
18.27 in adjusting to the community. If the desired conditions do not exist, the discharge shall
18.28not be granted.
18.29    Subd. 19. Aftercare services. (a) The Minnesota sex offender program shall provide
18.30the supervision, aftercare, and case management services for a person under commitment
18.31as sexual psychopathic personalities and sexually dangerous persons discharged after July
18.321, 1999 a sexually dangerous person or a person with a sexual psychopathic personality.
18.33The designated agency, as defined in section 253B.02, subdivision 5, shall assist with
18.34client eligibility for public welfare benefits and will provide those services that are
18.35currently available exclusively through county government.
19.1(b) Prior to the date of discharge or provisional discharge of any patient person
19.2 committed as a sexual psychopathic personality or sexually dangerous person sexually
19.3dangerous person or a person with a sexual psychopathic personality, the head of the
19.4treatment facility or designee executive director shall establish a continuing plan of
19.5aftercare services for the patient committed person, including a plan for medical and
19.6behavioral health services, financial sustainability, housing, social supports, or other
19.7assistance the patient committed person needs. The Minnesota sex offender program shall
19.8provide case management services and shall assist the patient committed person in finding
19.9employment, suitable shelter, and adequate medical and behavioral health services and
19.10otherwise assist in the patient's committed person's readjustment to the community.

19.11    Sec. 8. Minnesota Statutes 2012, section 253B.19, subdivision 2, is amended to read:
19.12    Subd. 2. Petition; hearing. (a) A person committed as mentally ill and dangerous
19.13to the public under section 253B.18, or the county attorney of the county from which the
19.14person was committed or the county of financial responsibility, may petition the judicial
19.15appeal panel for a rehearing and reconsideration of a decision by the commissioner under
19.16section 253B.18, subdivision 5. The judicial appeal panel must not consider petitions for
19.17relief other than those considered by the commissioner from which the appeal is taken.
19.18The petition must be filed with the Supreme Court within 30 days after the decision of
19.19the commissioner is signed. The hearing must be held within 45 days of the filing of the
19.20petition unless an extension is granted for good cause.
19.21    (b) A person committed as a sexual psychopathic personality or as a sexually
19.22dangerous person under section 253B.185, or committed as both mentally ill and
19.23dangerous to the public under section 253B.18 and as a sexual psychopathic personality or
19.24as a sexually dangerous person under section 253B.185; the county attorney of the county
19.25from which the person was committed or the county of financial responsibility; or the
19.26commissioner may petition the judicial appeal panel for a rehearing and reconsideration
19.27of a decision of the special review board under section 253B.185, subdivision 9. The
19.28petition must be filed with the Supreme Court within 30 days after the decision is mailed
19.29by the commissioner as required in section 253B.185, subdivision 9, paragraph (f). The
19.30hearing must be held within 180 days of the filing of the petition unless an extension is
19.31granted for good cause. If no party petitions the judicial appeal panel for a rehearing
19.32or reconsideration within 30 days, the judicial appeal panel shall either issue an order
19.33adopting the recommendations of the special review board or set the matter on for a
19.34hearing pursuant to this paragraph.
20.1    (c) For an appeal under paragraph (a) or (b), the Supreme Court shall refer the
20.2petition to the chief judge of the judicial appeal panel. The chief judge shall notify the
20.3patient, the county attorney of the county of commitment, the designated agency, the
20.4commissioner, the head of the treatment facility, any interested person, and other persons
20.5the chief judge designates, of the time and place of the hearing on the petition. The notice
20.6shall be given at least 14 days prior to the date of the hearing.
20.7    (d) (c) Any person may oppose the petition. The patient, the patient's counsel, the
20.8county attorney of the committing county or the county of financial responsibility, and the
20.9commissioner shall participate as parties to the proceeding pending before the judicial
20.10appeal panel and shall, except when the patient is committed solely as mentally ill and
20.11dangerous, no later than 20 days before the hearing on the petition, inform the judicial
20.12appeal panel and the opposing party in writing whether they support or oppose the petition
20.13and provide a summary of facts in support of their position. The judicial appeal panel may
20.14appoint examiners and may adjourn the hearing from time to time. It shall hear and receive
20.15all relevant testimony and evidence and make a record of all proceedings. The patient,
20.16the patient's counsel, and the county attorney of the committing county or the county of
20.17financial responsibility have the right to be present and may present and cross-examine all
20.18witnesses and offer a factual and legal basis in support of their positions. The petitioning
20.19party seeking discharge or provisional discharge bears the burden of going forward with
20.20the evidence, which means presenting a prima facie case with competent evidence to show
20.21that the person is entitled to the requested relief. If the petitioning party has met this
20.22burden, the party opposing discharge or provisional discharge bears the burden of proof by
20.23clear and convincing evidence that the discharge or provisional discharge should be denied.
20.24A party seeking transfer under section 253B.18, subdivision 6, or 253B.185, subdivision
20.2511
, must establish by a preponderance of the evidence that the transfer is appropriate.

20.26    Sec. 9. [253D.01] CITATION.
20.27This chapter may be cited as the "Minnesota Commitment and Treatment Act:
20.28Sexually Dangerous Persons and Sexual Psychopathic Personalities."

20.29    Sec. 10. [253D.02] DEFINITIONS.
20.30    Subdivision 1. Scope. For the purposes of this chapter, the terms defined in this
20.31section have the meanings given them.
20.32    Subd. 2. Commissioner. "Commissioner" means the commissioner of human
20.33services or the commissioner's designee.
21.1    Subd. 3. Committed person. "Committed person" means an individual committed
21.2under this chapter, or under this chapter and under section 253B.18. It includes individuals
21.3described in section 246B.01, subdivision 1a, and any person committed as a sexually
21.4dangerous person, a person with a psychopathic personality, or a person with a sexual
21.5psychopathic personality under any previous statute including section 526.10 or chapter
21.6253B.
21.7    Subd. 4. Committing court. "Committing court" means the district court where
21.8a petition for commitment was decided.
21.9    Subd. 5. Examiner. "Examiner" has the meaning given in section 253B.02,
21.10subdivision 7.
21.11    Subd. 6. Executive director. "Executive director" has the meaning given in section
21.12246B.01, subdivision 2c.
21.13    Subd. 7. Interested person. "Interested person" has the meaning given in section
21.14253B.02, subdivision 10.
21.15    Subd. 8. Peace officer. "Peace officer" has the meaning given in section 253B.02,
21.16subdivision 16.
21.17    Subd. 9. Respondent. "Respondent" means an individual who is the subject
21.18of a petition for commitment as a sexually dangerous person or a person with a sexual
21.19psychopathic personality.
21.20    Subd. 10. Secure treatment facility. "Secure treatment facility" means the
21.21Minnesota sex offender program facility in Moose Lake and any portion of the Minnesota
21.22sex offender program operated by the Minnesota sex offender program at the Minnesota
21.23Security Hospital, but does not include services or programs administered by the
21.24Minnesota sex offender program outside a secure environment.

21.25    Sec. 11. [253D.03] GENERAL PROVISIONS.
21.26The provisions of section 253B.23 apply to commitments under this chapter except
21.27where inconsistent with this chapter.

21.28    Sec. 12. [253D.04] REVIEW BOARD.
21.29The commissioner shall establish a review board under section 253B.22 for facilities
21.30of the Minnesota sex offender program.

21.31    Sec. 13. [253D.13] PROCEDURES UPON COMMITMENT.
21.32Upon commitment under this chapter, admission procedures shall be carried out
21.33under section 253B.10.

22.1    Sec. 14. [253D.17] RIGHTS OF COMMITTED PERSONS; GENERALLY.
22.2Persons committed under this chapter have the rights described in section 253B.03,
22.3except as limited under section 253D.19.

22.4    Sec. 15. [253D.20] RIGHT TO COUNSEL.
22.5A committed person has the right to be represented by counsel at any proceeding
22.6under this chapter. The court shall appoint a qualified attorney to represent the committed
22.7person if neither the committed person nor others provide counsel. The attorney shall
22.8be appointed at the time a petition for commitment is filed. In all proceedings under
22.9this chapter, the attorney shall:
22.10(1) consult with the person prior to any hearing;
22.11(2) be given adequate time and access to records to prepare for all hearings;
22.12(3) continue to represent the person throughout any proceedings under this chapter
22.13unless released as counsel by the court; and
22.14(4) be a vigorous advocate on behalf of the person.

22.15    Sec. 16. [253D.21] NEUROLEPTIC MEDICATION.
22.16Neuroleptic medications may be administered to a person committed under this
22.17chapter only as provided in section 253B.092.

22.18    Sec. 17. [253D.23] PASSES.
22.19A committed person may be released on a pass only as provided by section 253B.18,
22.20subdivisions 4a and 4b.

22.21    Sec. 18. [253D.28] JUDICIAL APPEAL PANEL.
22.22    Subdivision 1. Rehearing and reconsideration. (a) A person committed as a
22.23sexually dangerous person or a person with a sexual psychopathic personality under
22.24section 253B.185, or committed as both mentally ill and dangerous to the public under
22.25section 253B.18 and as a sexually dangerous person or a person with a sexual psychopathic
22.26personality under this chapter; the county attorney of the county from which the person was
22.27committed or the county of financial responsibility; or the commissioner may petition the
22.28judicial appeal panel established under section 253B.19, subdivision 1, for a rehearing and
22.29reconsideration of a recommendation of the special review board under section 253D.27.
22.30(b) The petition must be filed with the Supreme Court within 30 days after
22.31the recommendation is mailed by the commissioner as required in section 253D.27,
23.1subdivision 4. The hearing must be held within 180 days of the filing of the petition
23.2unless an extension is granted for good cause.
23.3(c) If no party petitions the judicial appeal panel for a rehearing or reconsideration
23.4within 30 days, the judicial appeal panel shall either issue an order adopting the
23.5recommendations of the special review board or set the matter on for a hearing pursuant
23.6to this section.
23.7    Subd. 2. Procedure. (a) The Supreme Court shall refer a petition for rehearing and
23.8reconsideration to the chief judge of the judicial appeal panel. The chief judge shall notify
23.9the committed person, the county attorneys of the county of commitment and county of
23.10financial responsibility, the commissioner, the executive director, any interested person,
23.11and other persons the chief judge designates, of the time and place of the hearing on the
23.12petition. The notice shall be given at least 14 days prior to the date of the hearing.
23.13    (b) Any person may oppose the petition. The committed person, the committed
23.14person's counsel, the county attorneys of the committing county and county of financial
23.15responsibility, and the commissioner shall participate as parties to the proceeding pending
23.16before the judicial appeal panel and shall, no later than 20 days before the hearing on the
23.17petition, inform the judicial appeal panel and the opposing party in writing whether they
23.18support or oppose the petition and provide a summary of facts in support of their position.
23.19(c) The judicial appeal panel may appoint examiners and may adjourn the hearing
23.20from time to time. It shall hear and receive all relevant testimony and evidence and make
23.21a record of all proceedings. The committed person, the committed person's counsel, and
23.22the county attorney of the committing county or the county of financial responsibility have
23.23the right to be present and may present and cross-examine all witnesses and offer a factual
23.24and legal basis in support of their positions.
23.25(d) The petitioning party seeking discharge or provisional discharge bears the
23.26burden of going forward with the evidence, which means presenting a prima facie case
23.27with competent evidence to show that the person is entitled to the requested relief. If
23.28the petitioning party has met this burden, the party opposing discharge or provisional
23.29discharge bears the burden of proof by clear and convincing evidence that the discharge or
23.30provisional discharge should be denied.
23.31(e) A party seeking transfer under section 253D.29 must establish by a preponderance
23.32of the evidence that the transfer is appropriate.
23.33    Subd. 3. Decision. A majority of the judicial appeal panel shall rule upon the
23.34petition. The panel shall consider the petition de novo. No order of the judicial appeal
23.35panel granting a transfer, discharge, or provisional discharge shall be made effective
23.36sooner than 15 days after it is issued. The panel may not consider petitions for relief
24.1other than those considered by the special review board from which the appeal is taken.
24.2The judicial appeal panel may not grant a transfer or provisional discharge on terms or
24.3conditions that were not presented to the special review board.
24.4    Subd. 4. Appeal. A party aggrieved by an order of the appeal panel may appeal that
24.5order as provided under section 253B.19, subdivision 5.

24.6    Sec. 19. [253D.36] DISCHARGE; ADMINISTRATIVE PROCEDURES.
24.7Upon discharge from commitment under this chapter, administrative procedures
24.8shall be carried out, to the extent applicable, under section 253B.20.

24.9    Sec. 20. COURT RULES.
24.10Nothing in this act shall be construed to change the application of the Special Rules of
24.11Procedure Governing Proceedings under the Minnesota Commitment and Treatment Act.

24.12    Sec. 21. CONSTRUCTION.
24.13Nothing in this act shall be construed to create grounds for relief or a cause of
24.14action for persons previously committed under Minnesota Statutes, chapter 253B, or its
24.15predecessors. Nothing in this act shall be construed to make any substantive change in
24.16the provisions of chapter 253B relating to the treatment, commitment, and procedures
24.17applicable to a chemically dependent person, person who is mentally ill, person who is
24.18developmentally disabled, or person who is mentally ill and dangerous to the public.

24.19    Sec. 22. REVISOR'S INSTRUCTION.
24.20(a) The revisor of statutes shall renumber each section of Minnesota Statutes listed
24.21in column A with the number listed in column B. The revisor shall also make necessary
24.22cross-reference changes in Minnesota Statutes and Minnesota Rules consistent with the
24.23renumbering.
24.24
Column A
Column B
24.25
253B.02, subd. 7a
253D.02, subd. 7
24.26
253B.02, subd. 18b
253D.02, subd. 11
24.27
253B.02, subd. 18c
253D.02, subd. 12
24.28
253B.02, subd. 24
253D.02, subd. 2
24.29
253B.02, subd. 25
253D.02, subd. 8
24.30
253B.02, subd. 26
253D.02, subd. 10
24.31
253B.03, subd. 1a
253D.18
24.32
253B.045, subd. 1a
253D.10, subd. 2
24.33
253B.185, subd. 1, paragraph (a)
253D.07, subd. 1
24.34
253B.185, subd. 1, paragraph (b)
253D.07, subd. 2
25.1
253B.185, subd. 1, paragraph (c)
253D.07, subd. 3
25.2
253B.185, subd. 1, paragraph (d)
253D.07, subd. 4
25.3
253B.185, subd. 1a
253D.10, subd. 1
25.4
253B.185, subd. 1b
253D.08
25.5
253B.185, subd. 2
253D.22
25.6
253B.185, subd. 3
253D.07, subd. 5
25.7
253B.185, subd. 4, paragraph (a)
253D.11, subd. 1
25.8
253B.185, subd. 4, paragraph (b)
253D.11, subd. 2
25.9
253B.185, subd. 5, paragraph (a)
253D.12, subd. 1
25.10
253B.185, subd. 5, paragraph (b)
253D.12, subd. 2
25.11
253B.185, subd. 5, paragraph (c)
253D.12, subd. 3
25.12
253B.185, subd. 5, paragraph (d)
253D.12, subd. 4
25.13
253B.185, subd. 7, paragraph (a)
253D.19, subd. 1
25.14
253B.185, subd. 7, paragraph (b)
253D.19, subd. 2
25.15
253B.185, subd. 8
253D.09
25.16
253B.185, subd. 9, paragraph (a)
253D.27, subd. 1, paragraph (a)
25.17
253B.185, subd. 9, paragraph (b)
253D.27, subd. 1, paragraph (b)
25.18
253B.185, subd. 9, paragraph (c)
253D.27, subd. 2
25.19
253B.185, subd. 9, paragraph (d)
253D.27, subd. 3, paragraph (a)
25.20
253B.185, subd. 9, paragraph (e)
253D.27, subd. 3, paragraph (b)
25.21
253B.185, subd. 9, paragraph (f)
253D.27, subd. 4
25.22
253B.185, subd. 10, paragraph (a)
253D.14, subd. 1
25.23
253B.185, subd. 10, paragraph (b)
253D.14, subd. 2
25.24
253B.185, subd. 10, paragraph (c)
253D.14, subd. 3
25.25
253B.185, subd. 10, paragraph (d)
253D.14, subd. 4
25.26
253B.185, subd. 10, paragraph (e)
253D.14, subd. 5
25.27
253B.185, subd. 10a, paragraph (a)
253D.32, subd. 1
25.28
253B.185, subd. 10a, paragraph (b)
253D.32, subd. 2, paragraph (a)
25.29
253B.185, subd. 10a, paragraph (c)
253D.32, subd. 2, paragraph (b)
25.30
253B.185, subd. 10a, paragraph (d)
253D.32, subd. 2, paragraph (c)
25.31
253B.185, subd. 10a, paragraph (e)
253D.32, subd. 2, paragraph (d)
25.32
253B.185, subd. 10a, paragraph (f)
253D.32, subd. 3
25.33
253B.185, subd. 11
253D.29, subd. 1
25.34
253B.185, subd. 11a
253D.29, subd. 2
25.35
253B.185, subd. 11b
253D.29, subd. 3
25.36
253B.185, subd. 12
253D.30, subd. 1
25.37
253B.185, subd. 13
253D.30, subd. 2
25.38
253B.185, subd. 14
253D.30, subd. 3
25.39
253B.185, subd. 14a
253D.30, subd. 4
25.40
253B.185, subd. 15
253D.30, subd. 5
25.41
253B.185, subd. 16, paragraph (a)
253D.24, subd. 1
25.42
253B.185, subd. 16, paragraph (b)
253D.24, subd. 2
25.43
253B.185, subd. 16, paragraph (c)
253D.24, subd. 3
26.1
253B.185, subd. 16, paragraph (d)
253D.24, subd. 4
26.2
253B.185, subd. 16, paragraph (e)
253D.24, subd. 5
26.3
253B.185, subd. 16, paragraph (f)
253D.24, subd. 6
26.4
253B.185, subd. 16, paragraph (g)
253D.24, subd. 7
26.5
253B.185, subd. 16, paragraph (h)
253D.24, subd. 8
26.6
253B.185, subd. 17
253D.30, subd. 6
26.7
253B.185, subd. 18
253D.31
26.8
253B.185, subd. 19, paragraph (a)
253D.35, subd. 1
26.9
253B.185, subd. 19, paragraph (b)
253D.35, subd. 2
26.10
253D.02, subd. 2
253D.02, subd. 3
26.11
253D.02, subd. 3
253D.02, subd. 4
26.12
253D.02, subd. 4
253D.02, subd. 5
26.13
253D.02, subd. 5
253D.02, subd. 6
26.14
253D.02, subd. 6
253D.02, subd. 9
26.15(b) The revisor of statutes, in consultation with the Minnesota sex offender program
26.16in the Department of Human Services, shall make necessary language changes to clarify
26.17and conform statutory provisions relating to the Minnesota sex offender program in
26.18Minnesota Statutes with this act.
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