Article 1 – Strict and Intensive Supervision and Treatment and Public Education Campaign

Section 1 requires the commissioner to provide a regimen of treatment and to contract with existing providers for Strict and Intensive Supervision and Treatment (SIST).

Section 2 requires the Commissioner of Human Services, in partnership with the ombudsman for mental health and developmental disabilities, to develop and provide education to judges and staff, lawyers, and examiners on the changes in the civil commitment process in Article 2 and the strict and intensive supervision and treatment under section 1.

Section 3 requires the Commissioner of Human Services to develop a public education campaign informing the public about the class action lawsuit relating to MSOP, the court’s rulings, including the order establishing the advisory task force and the work of the task force, and the response by the Legislature.  The public education campaign must be a statewide effort on the process of civilly committing sex offenders and relating emerging policy.

Section 4 makes article 1 effective July 1, 2013.  The Commissioner of Human Services shall implement this article as soon as practicable.

Article 2 -- Civil Commitment Modifications

Section 1 (246B.10) clarifies that the 25 percent county liability for the cost of care provided by MSOP includes SIST.

Section 2 (253B.18, subd. 4c) clarifies how petitions are handled for persons dually committed as mentally ill and dangerous and as a sexually dangerous person.

Section 3 (253B.185, subd. 1) amends the sexually dangerous person commitment act by establishing a bifurcated hearing.  In the first phase of the hearing the court determines if the proposed patient is a sexually dangerous person or a person with a psychopathic personality.  In the second phase, the court determines the appropriate placement, consistent with the patient’s treatment needs and requirements of public safety.  This section clarifies that the commissioner is not required to provide sex offender treatment until after the court's disposition order, but the commissioner may begin the evaluation while the person is still incarcerated.  This section also allows the individual to be held in corrections between the time of the commitment order and the disposition order, if the committed person chooses, and provides that a person committed as a sexually dangerous person or sexual psychopath is not eligible for a pass or release on pass.

Section 4 (253B.185, subd. 1c) Paragraph (a) allows the court to commit a person to SIST if the court finds that SIST is an appropriate placement.

Paragraph (b) provides that if the court finds that SIST is an appropriate placement, the Minnesota Sex Offender Program (MSOP) must prepare a plan that identifies the treatment and services for the patient, including recommendations regarding conditions of SIST.  

Paragraph (c) provides that an order for SIST places the patient in the control and custody of the Commissioner of Human Services for the provision of treatment, services, and supervision under MSOP, and the patient is subject to the conditions set by the court and the program.  These conditions must ensure the safety of the public while meeting the treatment needs of the patient.

Paragraph (d) allows the program to revoke SIST using existing procedures in statute, if the program determines that a condition has been violated or if the patient is exhibiting behavior that may be dangerous to self or others or if it is in the best interests of public safety.  If the committing court determines there has been a violation, the court shall revoke SIST and order an appropriate commitment placement.  This section also contains language clarifying the revocation and reinstatement of SIST.

Paragraph (e) clarifies that this subdivision does not affect or replace any requirements related to the registration of predatory offenders.

Section 5 (253B.185, subd. 9a) Paragraph (a) requires the commissioner to arrange for an examination of the committed person, and requires the director of the evaluation unit to appoint an examiner to perform the biennial examination.  The director must also establish procedures to allow the committed person to have a role in choosing the examiner from the evaluation unit.

Paragraph (b) specifies what the examiner must examine and assess and provide in the report. 

Paragraph (c) allows the judicial appeal panel to order an examination at any time that the person is subject to the commitment order. 

Paragraph (d) requires the executive clinical director of the Minnesota sex offender program to prepare a treatment progress report. 

Paragraph (e) requires that examiners and the executive clinical director have reasonable access to the person and the person's records for purposes of the examination and report.

Paragraph (f) requires the commissioner to submit a biennial report comprised of the examination report and the treatment progress report to the judicial appeal panel. 

Paragraph (g) provides that if the person is incarcerated for a new charge or conviction, the reporting requirements do not apply, and are resumed if the person returns to the control and custody of MSOP.

Paragraph (h) clarifies that failure to complete or file a required report within the specified period of time does not affect the person's commitment.

Section 6 (253B.185, subd. 9b) requires the commissioner to create the evaluation unit to perform the biennial reviews. The evaluation unit will consist of a director and examiners that meet certain qualifications.  Members of the evaluation unit must be free to exercise independent professional judgment.

Sections 7 to 17, and 19 are conforming amendments related to the elimination of the special review board responsibilities related to sexual psychopathic personality or sexually dangerous persons commitments  under section 253B.185. 

Section 18 (253B.19, subd.  2a) clarifies the time limits and the process when the biennial report is received by the judicial appeal panel.  The judicial appeal panel determines if the matter will be set for a hearing, which will be done unless the panel determines that there is a failure to make a prima facie case.  A majority of the judicial appeal panel must rule upon the petition or the review of a biennial report. 

Section 20 (609.485, subd. 2)  clarifies that the current felony escape statute applies to individuals in SIST.

Section 21 appropriates funding.

Section 22 repeals the reduction in custody statute effective August 1, 2014, which is replaced by new language in the bill. 

Section 23 provides the effective dates.  

Paragraph (a) makes this article effective August 1, 2013, unless otherwise provided.

Paragraph (b) provides that the modifications to the commitment act and SIST placement are effective August 1, 2013. 

Paragraph (c) clarifies  that petitions for reduction in custody filed before August 1, 2013, will proceed under current law. 

Paragraph (d) provides that the biennial review applies to patients with pending petitions no sooner than 12 months after final disposition of a petition for reduction in custody filed before August 1, 2013. 

Paragraph (e) applies to persons committed before August 1, 2013, who are eligible for a biennial review, and allows the commissioner to stagger biennial review over a two-year period of time for this population.

Paragraph (f) makes section 20 effective August 1, 2013, and applies to crimes committed on or after that date.

Section 24 is a revisor's instruction.