Bill Text: MN SF612 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Minnesota sex offender program (MSOP) provisional discharge modifications and victim notification of discharge or release modifications
Sponsorship: Slight Partisan Bill (Democrat 3-1)
Status: (Introduced - Dead) 2013-03-04 - Withdrawn and re-referred to Health, Human Services and Housing [SF612 Detail]
Download: Minnesota-2013-SF612-Introduced.html
1.2relating to human services; modifying provisional discharge for the Minnesota
1.3sex offender program; modifying victim notification of discharge or release of
1.4person in the Minnesota sex offender program;amending Minnesota Statutes
1.52012, sections 253B.18, subdivision 5a; 253B.185, subdivisions 10, 12, 13, 14,
1.614a; 253B.19, subdivision 3; 611A.06, subdivisions 1, 2.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.10 Section 1. Minnesota Statutes 2012, section 253B.185, subdivision 12, is amended to
1.11read:
1.12 Subd. 12. Provisional discharge. A patient who is committed as a sexual
1.13psychopathic personality or sexually dangerous person shall not be provisionally
1.14discharged unless it appears to the satisfaction of the judicial appeal panel, after a hearing
1.15and a recommendation by a majority of the special review board, that the patient is capable
1.16of making an acceptable adjustment to open society.
1.17The following factors are to be considered in determining whether a provisional
1.18discharge shall be recommended:
1.19(1) whether the patient's course of treatment and present mental status indicate there is
1.20no longer a need for treatment and supervision in the patient's current treatment setting; and
1.21(2) whether the proposed conditions of the provisional discharge plan, as adopted or
1.22modified by the judicial appeal panel under section 253B.19, will provide a reasonable
1.23degree of protection to the public and will enable the patient to adjust successfully to
1.24the community.
2.1 Sec. 2. Minnesota Statutes 2012, section 253B.185, subdivision 13, is amended to read:
2.2 Subd. 13. Provisional discharge plan conditions. A petition for reduction in
2.3custody under subdivision 9 that requests a provisional discharge must include a list of the
2.4proposed conditions of provisional discharge. These conditions must be presented to the
2.5special review board. The special review board may recommend additional or modified
2.6conditions. The judicial appeal panel may grant provisional discharge upon conditions that
2.7it determines necessary to ensure adequate adjustment and reasonable risk to the public. A
2.8provisional discharge plan shall be developed, implemented, and monitored by the head of
2.9the treatment facility or designee in conjunction with the patient and other appropriate
2.10persons. The head of the treatment facility or designee shall, at least quarterly, review the
2.11plan with the patient and submit a written report to the designated agency concerning the
2.12patient's status and compliance with each term of the plan.
2.13 Sec. 3. Minnesota Statutes 2012, section 253B.185, subdivision 14, is amended to read:
2.14 Subd. 14. Provisional discharge; review. A provisional discharge pursuant to this
2.15section shall not automatically terminate. A full discharge shall occur only as provided
2.16in subdivision 18. When provisional discharge is granted by the judicial appeal panel,
2.17the conditions of provisional discharge may only thereafter be changed by order of the
2.18judicial appeal panel. Subsequent changes to the conditions of provisional discharge are
2.19not subject to the reduction in custody procedures in subdivision 9. The commissioner
2.20shall notify the patient that the terms of a provisional discharge continue unless the patient
2.21requests and is granted a change in the conditions of provisional discharge or unless the
2.22patient petitions the special review board for a full discharge and the discharge is granted
2.23by the judicial appeal panel.
2.24 Sec. 4. Minnesota Statutes 2012, section 253B.185, subdivision 14a, is amended to read:
2.25 Subd. 14a. Provisional discharge; voluntary readmission. (a) With the consent of
2.26the executive director of the Minnesota sex offender program, a patient may voluntarily
2.27return to the Minnesota sex offender program from provisional discharge for a period of
2.28up to 60 days.
2.29(b) If the patient is not returned to provisional discharge status within 60 days of
2.30being readmitted to the Minnesota sex offender program, the provisional discharge is
2.31revoked. The patient shall immediately be notified of the revocation in writing. Within 15
2.32days of receiving notice of the revocation, the patient may request a review of the matter
2.33before the special review board. The special review board shall review the circumstances
2.34of the revocation and, after applying the standards in subdivision 15, paragraph (a), shall
3.1recommend to the judicial appeal panel whether or not the revocation shall be upheld. The
3.2board may recommend a return to provisional discharge status.
3.3(c) If the provisional discharge has not been revoked and the patient is to be returned
3.4to provisional discharge, any change to the terms of the conditions of provisional discharge
3.5must be approved by the judicial appeal panel. A patient may remain at the Minnesota sex
3.6offender program beyond 60 days without being subject to revocation if the reason for
3.7the continued stay is solely the need for judicial appeal panel approval of changes to the
3.8provisional discharge conditions. The Minnesota sex offender program is not required to
3.9petition for a further review by the special review board unless the patient's return to the
3.10community results in substantive change to the existing provisional discharge plan.
3.11 Sec. 5. Minnesota Statutes 2012, section 253B.19, subdivision 3, is amended to read:
3.12 Subd. 3. Decision. (a) A majority of the judicial appeal panel shall rule upon the
3.13petition. The panel shall consider the petition de novo. The order of the judicial appeal
3.14panel shall supersede an order of the commissioner under section253B.18 , subdivision
3.155. No order of the judicial appeal panel granting a transfer, discharge or provisional
3.16discharge shall be made effective sooner than 15 days after it is issued.
3.17 (b) The panel may not consider petitions for relief other than those considered by the
3.18commissioner or special review board from which the appeal is taken.
3.19 (c) The judicial appeal panel may not grant a transfer or, for an appeal brought under
3.20subdivision 2, paragraph (a), provisional discharge on terms or conditions that were not
3.21presented to the commissioner or the special review board.
3.22(d) For a petition for provisional discharge before the judicial appeal panel under
3.23subdivision 2, paragraph (b), if provisional discharge is granted, the order of the judicial
3.24appeal panel shall include a list of the specific conditions of provisional discharge. The
3.25conditions may be based upon those proposed by the patient, those proposed by any
3.26party to the proceeding, or those proposed by the court. The conditions may be changed
3.27only by further order of the judicial appeal panel. An order changing the conditions of
3.28provisional discharge shall not be effective until 15 days after filing and is subject to
3.29appeal under subdivision 5.
3.30 Sec. 6. EFFECTIVE DATE; APPLICATION.
3.31Sections 1 to 5 are effective the day following final enactment. After the effective
3.32date of sections 1 to 5, a judicial appeal panel order granting provisional discharge shall
3.33specify and include provisional discharge conditions. The amendments in section 5 apply
3.34to all pending petitions for provisional discharge originating under Minnesota Statutes,
4.1section 253B.185, subdivision 9, after the effective date of that section, whether the
4.2petitions are before the special review board or the judicial appeal panel. The amendments
4.3do not apply to a petition for provisional discharge on which the judicial appeal panel has
4.4issued an order on or before the date of final enactment.
4.5A provisional discharge that has been granted by the judicial appeal panel based
4.6upon a provisional discharge plan on or before the effective date of sections 1 to 5
4.7continues in full force and effect. Any subsequent request to change the terms of the
4.8provisional discharge plan shall be filed directly with the judicial appeal panel. The panel's
4.9order disposing of the request shall specify the conditions of provisional discharge and
4.10thereafter replace the provisional discharge plan upon the order becoming effective. An
4.11order under this paragraph becomes effective 15 days after it is filed and is subject to the
4.12provisions of Minnesota Statutes, section 253B.19, subdivision 5, regarding appeal.
4.15 Section 1. Minnesota Statutes 2012, section 253B.18, subdivision 5a, is amended to
4.16read:
4.17 Subd. 5a. Victim notification of petition and release; right to submit statement.
4.18 (a) As used in this subdivision:
4.19 (1) "crime" has the meaning given to "violent crime" in section609.1095 , and
4.20includes criminal sexual conduct in the fifth degree and offenses within the definition of
4.21"crime against the person" in section253B.02, subdivision 4a , and also includes offenses
4.22listed in section253B.02, subdivision 7a , paragraph (b), regardless of whether they are
4.23sexually motivated;
4.24 (2) "victim" means a person who has incurred loss or harm as a result of a crime
4.25the behavior for which forms the basis for a commitment under this section or section
4.26253B.185
; and
4.27 (3) "convicted" and "conviction" have the meanings given in section609.02,
4.28subdivision 5 , and also include juvenile court adjudications, findings under Minnesota
4.29Rules of Criminal Procedure, rule20.02 , that the elements of a crime have been proved,
4.30and findings in commitment cases under this section or section253B.185 that an act or
4.31acts constituting a crime occurred.
4.32 (b) A county attorney who files a petition to commit a person under this section
4.33or section253B.185 shall make a reasonable effort to provide prompt notice of filing
4.34the petition to any victim of a crime for which the person was convicted. In addition,
5.1the county attorney shall make a reasonable effort to promptly notify the victim of the
5.2resolution of the petition.
5.3 (c) Before provisionally discharging, discharging, granting pass-eligible status,
5.4approving a pass plan, or otherwise permanently or temporarily releasing a person
5.5committed under this section from a treatment facility, the head of the treatment facility
5.6shall make a reasonable effort to notify any victim of a crime for which the person was
5.7convicted that the person may be discharged or released. The head of the treatment facility
5.8shall further notify any victim of the result of a special review board or judicial appeal
5.9panel proceeding on a petition for reduction in custody. The head of the treatment facility
5.10shall notify any victim and that the victim has a right to submit a written statement
5.11regarding decisions of the medical director, special review board, or commissioner with
5.12respect to the person. To the extent possible, the notice must be provided at least 14 days
5.13before any special review board hearing or before a determination on a pass plan.
5.14 Notwithstanding section611A.06, subdivision 4 , the commissioner shall provide
5.15the judicial appeal panel with victim information in order to comply with the provisions
5.16of this section. The judicial appeal panel shall ensure that the data on victims remains
5.17private as provided for in section611A.06, subdivision 4 .
5.18 (d) This subdivision applies only to victims who have requested notification through
5.19the Department of Correctionselectronic Web-based victim notification system, or by
5.20contacting, in writing, the county attorney in the county where the conviction for the
5.21crime occurred. A request for notice under this subdivision received by the commissioner
5.22of corrections through the Department of Correctionselectronic Web-based victim
5.23notification system shall be promptly forwarded to the prosecutorial authority with
5.24jurisdiction over the offense to which the notice relates or, following commitment, the
5.25head of the treatment facility. A county attorney who receives a request for notification
5.26under this paragraph following commitment shall promptly forward the request to the
5.27commissioner of human services.
5.28 (e) The rights under this subdivision are in addition to rights available to a victim
5.29under chapter 611A. This provision does not give a victim all the rights of a "notified
5.30person" or a person "entitled to statutory notice" under subdivision 4a, 4b, or 5 or section
5.31253B.185, subdivision 10
.
5.32 Sec. 2. Minnesota Statutes 2012, section 253B.185, subdivision 10, is amended to read:
5.33 Subd. 10. Victim notification of petition and release; right to submit statement.
5.34(a) As used in this subdivision:
6.1(1) "crime" has the meaning given to "violent crime" in section609.1095 , and
6.2includes criminal sexual conduct in the fifth degree and offenses within the definition of
6.3"crime against the person" in section253B.02, subdivision 4a , and also includes offenses
6.4listed in section253B.02, subdivision 7a , paragraph (b), regardless of whether they are
6.5sexually motivated;
6.6(2) "victim" means a person who has incurred loss or harm as a result of a crime,
6.7the behavior for which forms the basis for a commitment under this section or section
6.8253B.18
; and
6.9(3) "convicted" and "conviction" have the meanings given in section609.02,
6.10subdivision 5 , and also include juvenile court adjudications, findings under Minnesota
6.11Rules of Criminal Procedure, rule20.02 , that the elements of a crime have been proved,
6.12and findings in commitment cases under this section or section253B.18 , that an act or
6.13acts constituting a crime occurred.
6.14(b) A county attorney who files a petition to commit a person under this section shall
6.15make a reasonable effort to provide prompt notice of filing the petition to any victim of a
6.16crime for which the person was convicted. In addition, the county attorney shall make a
6.17reasonable effort to promptly notify the victim of the resolution of the petition.
6.18(c) Before provisionally discharging, discharging, granting pass-eligible status,
6.19approving a pass plan, or otherwise permanently or temporarily releasing a person
6.20committed under this section from a treatment facility, the head of the treatment facility
6.21shall make a reasonable effort to notify any victim of a crime for which the person was
6.22convicted that the person may be discharged or released and that the victim has a right
6.23to submit a written statement regarding decisions of the head of the treatment facility or
6.24designee, or special review board, with respect to the person. To the extent possible, the
6.25notice must be provided at least 14 days before any special review board hearing or before
6.26a determination on a pass plan. Notwithstanding section611A.06, subdivision 4 , the
6.27commissioner shall provide the judicial appeal panel with victim information in order to
6.28comply with the provisions of this section. The judicial appeal panel shall ensure that the
6.29data on victims remains private as provided for in section611A.06, subdivision 4 .
6.30(d) This subdivision applies only to victims who have requested notification through
6.31the Department of Correctionselectronic Web-based victim notification system, or by
6.32contacting, in writing, the county attorney in the county where the conviction for the
6.33crime occurred or where the civil commitment was filed or, following commitment, the
6.34head of the treatment facility. A request for notice under this subdivision received by the
6.35commissioner of corrections through the Department of Correctionselectronic Web-based
6.36 victim notification system shall be promptly forwarded to the prosecutorial authority with
7.1jurisdiction over the offense to which the notice relates or, following commitment, the
7.2head of the treatment facility. A county attorney who receives a request for notification
7.3under this paragraph following commitment shall promptly forward the request to the
7.4commissioner of human services.
7.5(e) Rights under this subdivision are in addition to rights available to a victim under
7.6chapter 611A. This provision does not give a victim all the rights of a "notified person"
7.7or a person "entitled to statutory notice" under subdivision 12 or 13 or section253B.18,
7.8subdivision 4a, 4b, or 5 .
7.9 Sec. 3. Minnesota Statutes 2012, section 611A.06, subdivision 1, is amended to read:
7.10 Subdivision 1. Notice of release required. The commissioner of corrections or
7.11other custodial authority shall make a good faith effort to notify the victim that the offender
7.12is to be released from imprisonment or incarceration, including release on extended
7.13furlough and for work release; released from a juvenile correctional facility; released from
7.14a facility in which the offender was confined due to incompetency, mental illness, or
7.15mental deficiency, or commitment under section253B.18 or
253B.185 ; or if the offender's
7.16custody status is reduced, if the victim has mailed to the commissioner of corrections or
7.17to the head of the facility in which the offender is confined a written request for this
7.18notice, or the victim has made a request for this notice to the commissioner of corrections
7.19through the Department of Correctionselectronic Web-based victim notification system.
7.20The good faith effort to notify the victim must occur prior to the offender's release or
7.21when the offender's custody status is reduced. For a victim of a felony crime against the
7.22person for which the offender was sentenced to imprisonment for more than 18 months,
7.23the good faith effort to notify the victim must occur 60 days before the offender's release.
7.24 For a victim who has requested notification under section 253B.185, subdivision 10, the
7.25good-faith effort to notify the victim must occur within seven days of the issuance of an
7.26order for discharge, provisional discharge, or transfer out of a secure facility.
7.27 Sec. 4. Minnesota Statutes 2012, section 611A.06, subdivision 2, is amended to read:
7.28 Subd. 2. Contents of notice. The notice given to a victim of a crime against a
7.29person must include the conditions governing the offender's release, and either the identity
7.30of the corrections agent who will be supervising the offender's release or a means to
7.31identify the court services agency that will be supervising the offender's release. The
7.32commissioner or other custodial authority complies with this section upon mailing the
7.33notice of impending release to the victim at the address which the victim has most recently
7.34provided to the commissioner or authority in writing, or by providing electronic notice to
8.1the victim who requested this notice through the Department of Correctionselectronic
8.2 Web-based victim notification system.
1.3sex offender program; modifying victim notification of discharge or release of
1.4person in the Minnesota sex offender program;amending Minnesota Statutes
1.52012, sections 253B.18, subdivision 5a; 253B.185, subdivisions 10, 12, 13, 14,
1.614a; 253B.19, subdivision 3; 611A.06, subdivisions 1, 2.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.10 Section 1. Minnesota Statutes 2012, section 253B.185, subdivision 12, is amended to
1.11read:
1.12 Subd. 12. Provisional discharge. A patient who is committed as a sexual
1.13psychopathic personality or sexually dangerous person shall not be provisionally
1.14discharged unless it appears to the satisfaction of the judicial appeal panel, after a hearing
1.15and a recommendation by a majority of the special review board, that the patient is capable
1.16of making an acceptable adjustment to open society.
1.17The following factors are to be considered in determining whether a provisional
1.18discharge shall be recommended:
1.19(1) whether the patient's course of treatment and present mental status indicate there is
1.20no longer a need for treatment and supervision in the patient's current treatment setting; and
1.21(2) whether the proposed conditions of the provisional discharge plan, as adopted or
1.22modified by the judicial appeal panel under section 253B.19, will provide a reasonable
1.23degree of protection to the public and will enable the patient to adjust successfully to
1.24the community.
2.1 Sec. 2. Minnesota Statutes 2012, section 253B.185, subdivision 13, is amended to read:
2.2 Subd. 13. Provisional discharge plan conditions. A petition for reduction in
2.3custody under subdivision 9 that requests a provisional discharge must include a list of the
2.4proposed conditions of provisional discharge. These conditions must be presented to the
2.5special review board. The special review board may recommend additional or modified
2.6conditions. The judicial appeal panel may grant provisional discharge upon conditions that
2.7it determines necessary to ensure adequate adjustment and reasonable risk to the public. A
2.8provisional discharge plan shall be developed, implemented, and monitored by the head of
2.9the treatment facility or designee in conjunction with the patient and other appropriate
2.10persons. The head of the treatment facility or designee shall, at least quarterly, review the
2.11plan with the patient and submit a written report to the designated agency concerning the
2.12patient's status and compliance with each term of the plan.
2.13 Sec. 3. Minnesota Statutes 2012, section 253B.185, subdivision 14, is amended to read:
2.14 Subd. 14. Provisional discharge; review. A provisional discharge pursuant to this
2.15section shall not automatically terminate. A full discharge shall occur only as provided
2.16in subdivision 18. When provisional discharge is granted by the judicial appeal panel,
2.17the conditions of provisional discharge may only thereafter be changed by order of the
2.18judicial appeal panel. Subsequent changes to the conditions of provisional discharge are
2.19not subject to the reduction in custody procedures in subdivision 9. The commissioner
2.20shall notify the patient that the terms of a provisional discharge continue unless the patient
2.21requests and is granted a change in the conditions of provisional discharge or unless the
2.22patient petitions the special review board for a full discharge and the discharge is granted
2.23by the judicial appeal panel.
2.24 Sec. 4. Minnesota Statutes 2012, section 253B.185, subdivision 14a, is amended to read:
2.25 Subd. 14a. Provisional discharge; voluntary readmission. (a) With the consent of
2.26the executive director of the Minnesota sex offender program, a patient may voluntarily
2.27return to the Minnesota sex offender program from provisional discharge for a period of
2.28up to 60 days.
2.29(b) If the patient is not returned to provisional discharge status within 60 days of
2.30being readmitted to the Minnesota sex offender program, the provisional discharge is
2.31revoked. The patient shall immediately be notified of the revocation in writing. Within 15
2.32days of receiving notice of the revocation, the patient may request a review of the matter
2.33before the special review board. The special review board shall review the circumstances
2.34of the revocation and, after applying the standards in subdivision 15, paragraph (a), shall
3.1recommend to the judicial appeal panel whether or not the revocation shall be upheld. The
3.2board may recommend a return to provisional discharge status.
3.3(c) If the provisional discharge has not been revoked and the patient is to be returned
3.4to provisional discharge, any change to the terms of the conditions of provisional discharge
3.5must be approved by the judicial appeal panel. A patient may remain at the Minnesota sex
3.6offender program beyond 60 days without being subject to revocation if the reason for
3.7the continued stay is solely the need for judicial appeal panel approval of changes to the
3.8provisional discharge conditions. The Minnesota sex offender program is not required to
3.9petition for a further review by the special review board unless the patient's return to the
3.10community results in substantive change to the existing provisional discharge plan.
3.11 Sec. 5. Minnesota Statutes 2012, section 253B.19, subdivision 3, is amended to read:
3.12 Subd. 3. Decision. (a) A majority of the judicial appeal panel shall rule upon the
3.13petition. The panel shall consider the petition de novo. The order of the judicial appeal
3.14panel shall supersede an order of the commissioner under section
3.155. No order of the judicial appeal panel granting a transfer, discharge or provisional
3.16discharge shall be made effective sooner than 15 days after it is issued.
3.17 (b) The panel may not consider petitions for relief other than those considered by the
3.18commissioner or special review board from which the appeal is taken.
3.19 (c) The judicial appeal panel may not grant a transfer or, for an appeal brought under
3.20subdivision 2, paragraph (a), provisional discharge on terms or conditions that were not
3.21presented to the commissioner or the special review board.
3.22(d) For a petition for provisional discharge before the judicial appeal panel under
3.23subdivision 2, paragraph (b), if provisional discharge is granted, the order of the judicial
3.24appeal panel shall include a list of the specific conditions of provisional discharge. The
3.25conditions may be based upon those proposed by the patient, those proposed by any
3.26party to the proceeding, or those proposed by the court. The conditions may be changed
3.27only by further order of the judicial appeal panel. An order changing the conditions of
3.28provisional discharge shall not be effective until 15 days after filing and is subject to
3.29appeal under subdivision 5.
3.30 Sec. 6. EFFECTIVE DATE; APPLICATION.
3.31Sections 1 to 5 are effective the day following final enactment. After the effective
3.32date of sections 1 to 5, a judicial appeal panel order granting provisional discharge shall
3.33specify and include provisional discharge conditions. The amendments in section 5 apply
3.34to all pending petitions for provisional discharge originating under Minnesota Statutes,
4.1section 253B.185, subdivision 9, after the effective date of that section, whether the
4.2petitions are before the special review board or the judicial appeal panel. The amendments
4.3do not apply to a petition for provisional discharge on which the judicial appeal panel has
4.4issued an order on or before the date of final enactment.
4.5A provisional discharge that has been granted by the judicial appeal panel based
4.6upon a provisional discharge plan on or before the effective date of sections 1 to 5
4.7continues in full force and effect. Any subsequent request to change the terms of the
4.8provisional discharge plan shall be filed directly with the judicial appeal panel. The panel's
4.9order disposing of the request shall specify the conditions of provisional discharge and
4.10thereafter replace the provisional discharge plan upon the order becoming effective. An
4.11order under this paragraph becomes effective 15 days after it is filed and is subject to the
4.12provisions of Minnesota Statutes, section 253B.19, subdivision 5, regarding appeal.
4.15 Section 1. Minnesota Statutes 2012, section 253B.18, subdivision 5a, is amended to
4.16read:
4.17 Subd. 5a. Victim notification of petition and release; right to submit statement.
4.18 (a) As used in this subdivision:
4.19 (1) "crime" has the meaning given to "violent crime" in section
4.20includes criminal sexual conduct in the fifth degree and offenses within the definition of
4.21"crime against the person" in section
4.22listed in section
4.23sexually motivated;
4.24 (2) "victim" means a person who has incurred loss or harm as a result of a crime
4.25the behavior for which forms the basis for a commitment under this section or section
4.27 (3) "convicted" and "conviction" have the meanings given in section
4.28subdivision 5
4.29Rules of Criminal Procedure, rule
4.30and findings in commitment cases under this section or section
4.31acts constituting a crime occurred.
4.32 (b) A county attorney who files a petition to commit a person under this section
4.33or section
4.34the petition to any victim of a crime for which the person was convicted. In addition,
5.1the county attorney shall make a reasonable effort to promptly notify the victim of the
5.2resolution of the petition.
5.3 (c) Before provisionally discharging, discharging, granting pass-eligible status,
5.4approving a pass plan, or otherwise permanently or temporarily releasing a person
5.5committed under this section from a treatment facility, the head of the treatment facility
5.6shall make a reasonable effort to notify any victim of a crime for which the person was
5.7convicted that the person may be discharged or released. The head of the treatment facility
5.8shall further notify any victim of the result of a special review board or judicial appeal
5.9panel proceeding on a petition for reduction in custody. The head of the treatment facility
5.10shall notify any victim and that the victim has a right to submit a written statement
5.11regarding decisions of the medical director, special review board, or commissioner with
5.12respect to the person. To the extent possible, the notice must be provided at least 14 days
5.13before any special review board hearing or before a determination on a pass plan.
5.14 Notwithstanding section
5.15the judicial appeal panel with victim information in order to comply with the provisions
5.16of this section. The judicial appeal panel shall ensure that the data on victims remains
5.17private as provided for in section
5.18 (d) This subdivision applies only to victims who have requested notification through
5.19the Department of Corrections
5.20contacting, in writing, the county attorney in the county where the conviction for the
5.21crime occurred. A request for notice under this subdivision received by the commissioner
5.22of corrections through the Department of Corrections
5.23notification system shall be promptly forwarded to the prosecutorial authority with
5.24jurisdiction over the offense to which the notice relates or, following commitment, the
5.25head of the treatment facility. A county attorney who receives a request for notification
5.26under this paragraph following commitment shall promptly forward the request to the
5.27commissioner of human services.
5.28 (e) The rights under this subdivision are in addition to rights available to a victim
5.29under chapter 611A. This provision does not give a victim all the rights of a "notified
5.30person" or a person "entitled to statutory notice" under subdivision 4a, 4b, or 5 or section
5.32 Sec. 2. Minnesota Statutes 2012, section 253B.185, subdivision 10, is amended to read:
5.33 Subd. 10. Victim notification of petition and release; right to submit statement.
5.34(a) As used in this subdivision:
6.1(1) "crime" has the meaning given to "violent crime" in section
6.2includes criminal sexual conduct in the fifth degree and offenses within the definition of
6.3"crime against the person" in section
6.4listed in section
6.5sexually motivated;
6.6(2) "victim" means a person who has incurred loss or harm as a result of a crime,
6.7the behavior for which forms the basis for a commitment under this section or section
6.9(3) "convicted" and "conviction" have the meanings given in section
6.10subdivision 5
6.11Rules of Criminal Procedure, rule
6.12and findings in commitment cases under this section or section
6.13acts constituting a crime occurred.
6.14(b) A county attorney who files a petition to commit a person under this section shall
6.15make a reasonable effort to provide prompt notice of filing the petition to any victim of a
6.16crime for which the person was convicted. In addition, the county attorney shall make a
6.17reasonable effort to promptly notify the victim of the resolution of the petition.
6.18(c) Before provisionally discharging, discharging, granting pass-eligible status,
6.19approving a pass plan, or otherwise permanently or temporarily releasing a person
6.20committed under this section from a treatment facility, the head of the treatment facility
6.21shall make a reasonable effort to notify any victim of a crime for which the person was
6.22convicted that the person may be discharged or released and that the victim has a right
6.23to submit a written statement regarding decisions of the head of the treatment facility or
6.24designee, or special review board, with respect to the person. To the extent possible, the
6.25notice must be provided at least 14 days before any special review board hearing or before
6.26a determination on a pass plan. Notwithstanding section
6.27commissioner shall provide the judicial appeal panel with victim information in order to
6.28comply with the provisions of this section. The judicial appeal panel shall ensure that the
6.29data on victims remains private as provided for in section
6.30(d) This subdivision applies only to victims who have requested notification through
6.31the Department of Corrections
6.32contacting, in writing, the county attorney in the county where the conviction for the
6.33crime occurred or where the civil commitment was filed or, following commitment, the
6.34head of the treatment facility. A request for notice under this subdivision received by the
6.35commissioner of corrections through the Department of Corrections
6.36 victim notification system shall be promptly forwarded to the prosecutorial authority with
7.1jurisdiction over the offense to which the notice relates or, following commitment, the
7.2head of the treatment facility. A county attorney who receives a request for notification
7.3under this paragraph following commitment shall promptly forward the request to the
7.4commissioner of human services.
7.5(e) Rights under this subdivision are in addition to rights available to a victim under
7.6chapter 611A. This provision does not give a victim all the rights of a "notified person"
7.7or a person "entitled to statutory notice" under subdivision 12 or 13 or section
7.8subdivision 4a, 4b, or 5
7.9 Sec. 3. Minnesota Statutes 2012, section 611A.06, subdivision 1, is amended to read:
7.10 Subdivision 1. Notice of release required. The commissioner of corrections or
7.11other custodial authority shall make a good faith effort to notify the victim that the offender
7.12is to be released from imprisonment or incarceration, including release on extended
7.13furlough and for work release; released from a juvenile correctional facility; released from
7.14a facility in which the offender was confined due to incompetency, mental illness, or
7.15mental deficiency, or commitment under section
7.16custody status is reduced, if the victim has mailed to the commissioner of corrections or
7.17to the head of the facility in which the offender is confined a written request for this
7.18notice, or the victim has made a request for this notice to the commissioner of corrections
7.19through the Department of Corrections
7.20The good faith effort to notify the victim must occur prior to the offender's release or
7.21when the offender's custody status is reduced. For a victim of a felony crime against the
7.22person for which the offender was sentenced to imprisonment for more than 18 months,
7.23the good faith effort to notify the victim must occur 60 days before the offender's release.
7.24 For a victim who has requested notification under section 253B.185, subdivision 10, the
7.25good-faith effort to notify the victim must occur within seven days of the issuance of an
7.26order for discharge, provisional discharge, or transfer out of a secure facility.
7.27 Sec. 4. Minnesota Statutes 2012, section 611A.06, subdivision 2, is amended to read:
7.28 Subd. 2. Contents of notice. The notice given to a victim of a crime against a
7.29person must include the conditions governing the offender's release, and either the identity
7.30of the corrections agent who will be supervising the offender's release or a means to
7.31identify the court services agency that will be supervising the offender's release. The
7.32commissioner or other custodial authority complies with this section upon mailing the
7.33notice of impending release to the victim at the address which the victim has most recently
7.34provided to the commissioner or authority in writing, or by providing electronic notice to
8.1the victim who requested this notice through the Department of Corrections
8.2 Web-based victim notification system.
