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S.F. No. 1287 - Minnesota Sex Offender Program Provisions Modifications
 
Author: Senator David Hann
 
Prepared By: Joan White, Senate Counsel (651/296-3814)
 
Date: April 26, 2011



 

 

Article 1

Transfers and Readmissions

Section 1 (253B.185, subdivision 11a) modifies the Sexual Psychopathic Personality (SPP) statute by adding a subdivision that allows a patient who has been transferred out of a secure facility to voluntarily return to a secure facility operated by the Minnesota Sex Offender Program (MSOP) for a period up to 60 days.  If the patient is not returned to the facility to which the patient was originally transferred within 60 days, the transfer is revoked and the patient must remain in the secure facility.  The patient may petition the special review board for a review of the revocation of the transfer.

Section 2 (253B.185, subdivision 11b) allows the executive director of the MSOP to revoke a transfer and require the patient to remain in the secure facility under certain circumstances.

Section 3 (253B.185, subdivision 14a) allows a patient, with consent of the executive director of the MSOP, to voluntarily return to the MSOP from provisional discharge for up to 60 days.  If the patient is not returned to provisional discharge within 60 days, the provisional discharge is revoked, and the patient may request a review of the matter before the special review board.

Section 4 makes article 1 effective the day following final enactment.

 

 

Article 2

 Absent Without Authorization

Sections 1 and 2 (253B.141, subdivision 2; 253B.185, subdivision 16) relate to the apprehension and transportation of MSOP clients needing to be retained and returned to a secure setting.  This section modifies the SPP law, specifying who, when, and how a patient may be detained and transported to the MSOP.

Section 3 (609.485, subdivision 2) adds cross-references to the SPP law in the criminal code, specifically the statute relating to escapes from custody, clarifying that escapes by patients committed under the SPP law may be sentenced under this section of law.

Section 4 makes this article effective the day following final enactment.  

 

 

Article 3

 Commitment Procedure

Section 1 (253B.185, subdivision 1) consolidates three separate postpetition civil commitment processes into one hearing to determine whether the person meets the criteria for commitment as a sexually dangerous person or sexual psychopathic personality.  This section is effective the day following final enactment and applies to all petitions filed on or after that date.

 

 

Article 4

Community Notification

Section 1 (253B.185, subdivision 10a) requires community notification under the statute related to predatory offenders notice requirements for individuals committed to MSOP, regardless of the individual’s assigned risk level.  After four years from the date of discharge of civil commitment, the individual may petition the head of the secure treatment facility to have the scope of notification and disclosure based solely on the individual’s assigned risk level.   The head of the treatment facility is required to appoint a multidisciplinary committee to review and make a recommendation on a petition to modify the scope of notification.   This section is effective the day following final enactment, and applies where the requirement for disclosure of information, pursuant to section 244.052, subdivision 4, arises on or after that date.

 

 

Article 5

 Parties to the Petition

Section 1 (253B.19, subdivision 2) clarifies who may participate as a party to a proceeding pending before the judicial appeal panel. This section is effective the day following final enactment and applies to all judicial appeal panel proceedings in which either a petition for rehearing and reconsideration before the judicial appeal panel is filed or the order of the panel to hold that hearing is issued on or after that date.

 

 

Article 6

Sex Offender Civil Commitment Statutes

Section 1 requires the Commissioner of Human Services, in consultation with the revisor of statutes, to review civil commitment laws and propose legislation for the 2012 session that clearly organizes the law and distinguishes the SPP laws from other forms of civil commitment.  This section is effective the day following final enactment.    

JW:rer

 
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