1.1.................... moves to amend H.F. No. 3300 as follows:
1.2Page 1, after line 5, insert:

1.3    "Section 1. Minnesota Statutes 2009 Supplement, section 246B.01, subdivision 1a,
1.4is amended to read:
1.5    Subd. 1a. Client Civilly committed sex offender. "Client" "Civilly committed
1.6sex offender" means a person who is admitted to the Minnesota sex offender program
1.7or subject to a court hold order under section 253B.185 for the purpose of assessment,
1.8diagnosis, care, treatment, supervision, or other services provided by the Minnesota sex
1.9offender program.

1.10    Sec. 2. Minnesota Statutes 2009 Supplement, section 246B.01, subdivision 1b, is
1.11amended to read:
1.12    Subd. 1b. Client's Civilly committed sex offender's county. "Client's "Civilly
1.13committed sex offender's county" means the county of the client's civilly committed sex
1.14offender's legal settlement for poor relief purposes at the time of commitment. If the
1.15client civilly committed sex offender has no legal settlement for poor relief in this state,
1.16it means the county of commitment, except that when a client civilly committed sex
1.17offender with no legal settlement for poor relief is committed while serving a sentence
1.18at a penal institution, it means the county from which the client civilly committed sex
1.19offender was sentenced.

1.20    Sec. 3. Minnesota Statutes 2008, section 246B.01, is amended by adding a subdivision
1.21to read:
1.22    Subd. 1c. Judicial hold. "Judicial hold" means any person who is subject to a
1.23judicial hold order under section 253B.185.

2.1    Sec. 4. Minnesota Statutes 2009 Supplement, section 246B.01, subdivision 2a, is
2.2amended to read:
2.3    Subd. 2a. Community preparation services. Community preparation services are
2.4specialized residential services or programs operated or administered by the Minnesota sex
2.5offender program outside of a secure treatment facility. Community preparation services
2.6are designed to assist clients civilly committed sex offenders in developing the appropriate
2.7skills and resources necessary for an eventual successful reintegration into a community.
2.8A client civilly committed sex offender may be placed in community preparation services
2.9only upon an order of the judicial appeal panel under section 253B.19.

2.10    Sec. 5. Minnesota Statutes 2009 Supplement, section 246B.01, subdivision 2d, is
2.11amended to read:
2.12    Subd. 2d. Local social services agency. "Local social services agency" means the
2.13local social services agency of the client's civilly committed sex offender's county as
2.14defined in subdivision 1b and of the county of commitment, and any other local social
2.15services agency possessing information regarding, or requested by the commissioner to
2.16investigate, the financial circumstances of a client civilly committed sex offender.

2.17    Sec. 6. Minnesota Statutes 2009 Supplement, section 246B.02, is amended to read:
2.18246B.02 ESTABLISHMENT OF MINNESOTA SEX OFFENDER PROGRAM.
2.19    The commissioner of human services shall establish and maintain the Minnesota
2.20sex offender program. The program shall provide specialized sex offender assessment,
2.21diagnosis, care, treatment, supervision, and other services to clients civilly committed sex
2.22offenders as defined in section 246B.01, subdivision 1a. Services may include specialized
2.23programs at secure treatment facilities as defined in section 253B.02, subdivision 18a,
2.24consultative services, aftercare services, community-based services and programs,
2.25transition services, or other services consistent with the mission of the Department of
2.26Human Services.

2.27    Sec. 7. Minnesota Statutes 2009 Supplement, section 246B.03, subdivision 2, is
2.28amended to read:
2.29    Subd. 2. Minnesota sex offender program evaluation. (a) The commissioner shall
2.30contract with national sex offender experts to evaluate the sex offender treatment program.
2.31The consultant group shall consist of four national experts, including:
3.1    (1) three experts who are licensed psychologists, psychiatrists, clinical therapists,
3.2or other mental health treatment providers with established and recognized training and
3.3experience in the assessment and treatment of sexual offenders; and
3.4    (2) one nontreatment professional with relevant training and experience regarding
3.5the oversight or licensing of sex offender treatment programs or other relevant mental
3.6health treatment programs.
3.7    (b) These experts shall, in consultation with the executive clinical director of the
3.8sex offender treatment program:
3.9    (1) review and identify relevant information and evidence-based best practices and
3.10methodologies for effectively assessing, diagnosing, and treating clients civilly committed
3.11sex offenders;
3.12    (2) on at least an annual basis, complete a site visit and comprehensive program
3.13evaluation that may include a review of program policies and procedures to determine the
3.14program's level of compliance, address specific areas of concern brought to the panel's
3.15attention by the executive clinical director or executive director, offer recommendations,
3.16and complete a written report of its findings to the executive director and clinical director;
3.17and
3.18    (3) in addition to the annual site visit and review, provide advice, input, and
3.19assistance as requested by the executive clinical director or executive director.
3.20    (c) The commissioner or commissioner's designee shall enter into contracts as
3.21necessary to fulfill the responsibilities under this subdivision.

3.22    Sec. 8. Minnesota Statutes 2009 Supplement, section 246B.03, subdivision 3, is
3.23amended to read:
3.24    Subd. 3. Client Civilly committed sex offender grievance resolution process.
3.25    (a) The executive director shall establish a grievance policy and related procedures
3.26that address and attempt to resolve client civilly committed sex offender concerns and
3.27complaints. The grievance resolution process must include procedures for assessing
3.28or investigating a client's civilly committed sex offender's concerns or complaints, for
3.29attempting to resolve issues informally, and for appealing for a review and determination
3.30by the executive director or designee.
3.31    (b) Any client civilly committed sex offender who believes a right that is applicable
3.32to a client an individual under section 144.651 has been violated may file a grievance
3.33under paragraph (a) and attempt to resolve the issue internally, or by a complaint with
3.34the Minnesota Department of Health, Office of Health Facility Complaints, or both.
4.1Complaints filed with the Office of Health Facility Complaints under this paragraph must
4.2be processed according to section 144.652.

4.3    Sec. 9. Minnesota Statutes 2009 Supplement, section 246B.04, subdivision 3, is
4.4amended to read:
4.5    Subd. 3. Access to data. The Minnesota sex offender program shall have access
4.6to private data contained in the statewide supervision system under section 241.065, as
4.7necessary for the administration and management of current Minnesota sex offender
4.8clients civilly committed sex offenders for the purposes of admissions, treatment, security,
4.9and supervision. The program shall develop a policy to allow individuals who conduct
4.10assessment, develop treatment plans, oversee security, or develop reintegration plans to
4.11have access to the data. The commissioner of corrections shall conduct periodic audits to
4.12determine whether the policy is being followed.

4.13    Sec. 10. Minnesota Statutes 2009 Supplement, section 246B.05, subdivision 1, is
4.14amended to read:
4.15    Subdivision 1. Vocational work program option. The commissioner of human
4.16services shall develop a vocational work program for persons admitted to the Minnesota
4.17sex offender program. The vocation vocational work program is an extension of
4.18therapeutic treatment in order for clients civilly committed sex offenders to learn valuable
4.19work skills and work habits while contributing to their cost of care. The vocational work
4.20program may include work maintaining the center or work that is brought to the center
4.21by an outside source. The earnings generated from the vocational work program must be
4.22deposited into the account created in subdivision 2.

4.23    Sec. 11. Minnesota Statutes 2009 Supplement, section 246B.06, subdivision 1, is
4.24amended to read:
4.25    Subdivision 1. Establishment; purpose. (a) The commissioner of human services
4.26may establish, equip, maintain, and operate a vocational work program at any Minnesota
4.27sex offender program facility under this chapter. The commissioner may establish
4.28vocational activities for sex offender treatment clients for civilly committed sex offenders
4.29as the commissioner deems necessary and suitable to the meaningful work skills training,
4.30educational training, and development of proper work habits and extended treatment
4.31services for clients civilly committed sex offenders consistent with the requirements in
4.32section 246B.05. The industrial and commercial activities authorized by this section are
4.33designated Minnesota State Industries and must be for the primary purpose of sustaining
5.1and ensuring Minnesota State Industries' self-sufficiency, providing educational training,
5.2meaningful employment, and the teaching of proper work habits to the patients of
5.3individuals in the Minnesota sex offender program under this chapter, and not solely as
5.4competitive business ventures.
5.5    (b) The net profits from the vocational work program must be used for the
5.6benefit of the clients civilly committed sex offenders as it relates to building education
5.7and self-sufficiency skills. Prior to the establishment of any vocational activity, the
5.8commissioner of human services shall consult with stakeholders including representatives
5.9of business, industry, organized labor, the commissioner of education, the state
5.10Apprenticeship Council, the commissioner of labor and industry, the commissioner
5.11of employment and economic development, the commissioner of administration, and
5.12other stakeholders the commissioner deems qualified. The purpose of the stakeholder
5.13consultation is to determine the quantity and nature of the goods, wares, merchandise,
5.14and services to be made or provided, and the types of processes to be used in their
5.15manufacture, processing, repair, and production consistent with the greatest opportunity
5.16for the reform and educational training of the clients civilly committed sex offenders, and
5.17with the best interests of the state, business, industry, and labor.
5.18    (c) The commissioner of human services shall, at all times in the conduct of any
5.19vocational activity authorized by this section, utilize client civilly committed sex offender
5.20labor to the greatest extent feasible, provided that the commissioner may employ all
5.21administrative, supervisory, and other skilled workers necessary to the proper instruction
5.22of the clients civilly committed sex offenders and the efficient operation of the vocational
5.23activities authorized by this section.
5.24    (d) The commissioner of human services may authorize the director of any
5.25Minnesota sex offender treatment facility under the commissioner's control to accept
5.26work projects from outside sources for processing, fabrication, or repair, provided that
5.27preference is given to the performance of work projects for state departments and agencies.

5.28    Sec. 12. Minnesota Statutes 2009 Supplement, section 246B.06, subdivision 6, is
5.29amended to read:
5.30    Subd. 6. Wages. Notwithstanding section 177.24 or any other law to the contrary,
5.31the commissioner of human services has the discretion to set the pay rate for clients
5.32individuals participating in the vocational work program. The commissioner has the
5.33authority to retain up to 50 percent of any payments made to a client an individual
5.34participating in the vocational work program for the purpose of reducing state costs
5.35associated with operating the Minnesota sex offender program.

6.1    Sec. 13. Minnesota Statutes 2009 Supplement, section 246B.06, subdivision 7, is
6.2amended to read:
6.3    Subd. 7. Status of clients civilly committed sex offenders. Clients Civilly
6.4committed sex offenders participating in the vocational work program are not employees
6.5of the Minnesota sex offender program, the Department of Human Services, or the state,
6.6and are not subject to fair labor standards under sections 177.21 to 177.35; workers
6.7compensation under sections 176.011 to 176.862; the Minnesota Human Rights Act under
6.8sections 363A.001 to 363A.41; laws governing state employees under chapter 43A; labor
6.9relations under chapter 179A; or the successors to any of these sections and any other laws
6.10pertaining to employees and employment.

6.11    Sec. 14. Minnesota Statutes 2009 Supplement, section 246B.06, subdivision 8, is
6.12amended to read:
6.13    Subd. 8. Claims. Claims and demands arising out of injury to or death of a client
6.14civilly committed sex offender while that client individual is participating in the vocational
6.15work program or performing a work assignment maintaining the facility must be presented
6.16to, heard, and determined exclusively by the legislature as provided in section 3.738.

6.17    Sec. 15. Minnesota Statutes 2009 Supplement, section 246B.07, subdivision 1, is
6.18amended to read:
6.19    Subdivision 1. Procedures. The commissioner shall determine or redetermine,
6.20if necessary, what amount of the cost of care, if any, the client civilly committed sex
6.21offender is able to pay. The client civilly committed sex offender shall provide to the
6.22commissioner documents and proof necessary to determine the ability to pay. Failure to
6.23provide the commissioner with sufficient information to determine ability to pay may
6.24make the client civilly committed sex offender liable for the full cost of care until the time
6.25when sufficient information is provided.

6.26    Sec. 16. Minnesota Statutes 2009 Supplement, section 246B.07, subdivision 2, is
6.27amended to read:
6.28    Subd. 2. Rules. The commissioner shall use the standards in section 246.51,
6.29subdivision 2, to determine the client's civilly committed sex offender's liability for the
6.30care provided by the Minnesota sex offender program.

6.31    Sec. 17. Minnesota Statutes 2009 Supplement, section 246B.08, is amended to read:
6.32246B.08 PAYMENT FOR CARE; ORDER; ACTION.
7.1    The commissioner shall issue an order to the client civilly committed sex offender or
7.2the guardian of the estate, if there is one, requiring the client civilly committed sex offender
7.3or guardian to pay to the state the amounts determined, the total of which must not exceed
7.4the full cost of care. The order must specifically state the commissioner's determination
7.5and must be conclusive, unless appealed. If a client civilly committed sex offender fails to
7.6pay the amount due, the attorney general, upon request of the commissioner, may institute,
7.7or direct the appropriate county attorney to institute, a civil action to recover the amount.

7.8    Sec. 18. Minnesota Statutes 2009 Supplement, section 246B.09, is amended to read:
7.9246B.09 CLAIM AGAINST ESTATE OF DECEASED CLIENT CIVILLY
7.10COMMITTED SEX OFFENDER.
7.11    Subdivision 1. Client's Estate of a civilly committed sex offender. Upon the
7.12death of a client civilly committed sex offender, or a former client civilly committed sex
7.13offender, the total cost of care provided to the client individual, less the amount actually
7.14paid toward the cost of care by the client civilly committed sex offender, must be filed by
7.15the commissioner as a claim against the estate of the client civilly committed sex offender
7.16with the court having jurisdiction to probate the estate, and all proceeds collected by the
7.17state in the case must be divided between the state and county in proportion to the cost
7.18of care each has borne.
7.19    Subd. 2. Preferred status. An estate claim in subdivision 1 must be considered an
7.20expense of the last illness for purposes of section 524.3-805.
7.21    If the commissioner determines that the property or estate of a client civilly
7.22committed sex offender is not more than needed to care for and maintain the spouse and
7.23minor or dependent children of a deceased client civilly committed sex offender, the
7.24commissioner has the power to compromise the claim of the state in a manner deemed
7.25just and proper.
7.26    Subd. 3. Exception from statute of limitations. Any statute of limitations that
7.27limits the commissioner in recovering the cost of care obligation incurred by a client
7.28civilly committed sex offender or former client civilly committed sex offender must not
7.29apply to any claim against an estate made under this section to recover cost of care.

7.30    Sec. 19. Minnesota Statutes 2009 Supplement, section 246B.10, is amended to read:
7.31246B.10 LIABILITY OF COUNTY; REIMBURSEMENT.
7.32    The client's civilly committed sex offender's county shall pay to the state a portion
7.33of the cost of care provided in the Minnesota sex offender program to a client civilly
7.34committed sex offender who has legally settled in that county. A county's payment must
8.1be made from the county's own sources of revenue and payments must equal ten percent of
8.2the cost of care, as determined by the commissioner, for each day or portion of a day, that
8.3the client civilly committed sex offender spends at the facility. If payments received by
8.4the state under this chapter exceed 90 percent of the cost of care, the county is responsible
8.5for paying the state the remaining amount. The county is not entitled to reimbursement
8.6from the client civilly committed sex offender, the client's civilly committed sex offender's
8.7estate, or from the client's civilly committed sex offender's relatives, except as provided
8.8in section 246B.07.

8.9    Section 20. Minnesota Statutes 2008, section 253B.05, subdivision 1, is amended to
8.10read:
8.11    Subdivision 1. Emergency hold. (a) Any person may be admitted or held for
8.12emergency care and treatment in a treatment facility, except to a facility operated by the
8.13Minnesota sex offender program, with the consent of the head of the treatment facility
8.14upon a written statement by an examiner that:
8.15    (1) the examiner has examined the person not more than 15 days prior to admission;
8.16    (2) the examiner is of the opinion, for stated reasons, that the person is mentally ill,
8.17developmentally disabled, or chemically dependent, and is in danger of causing injury to
8.18self or others if not immediately detained; and
8.19    (3) an order of the court cannot be obtained in time to prevent the anticipated injury.
8.20    (b) If the proposed patient has been brought to the treatment facility by another
8.21person, the examiner shall make a good faith effort to obtain a statement of information
8.22that is available from that person, which must be taken into consideration in deciding
8.23whether to place the proposed patient on an emergency hold. The statement of information
8.24must include, to the extent available, direct observations of the proposed patient's
8.25behaviors, reliable knowledge of recent and past behavior, and information regarding
8.26psychiatric history, past treatment, and current mental health providers. The examiner
8.27shall also inquire into the existence of health care directives under chapter 145, and
8.28advance psychiatric directives under section 253B.03, subdivision 6d.
8.29    (c) The examiner's statement shall be: (1) sufficient authority for a peace or health
8.30officer to transport a patient to a treatment facility, (2) stated in behavioral terms and not in
8.31conclusory language, and (3) of sufficient specificity to provide an adequate record for
8.32review. If danger to specific individuals is a basis for the emergency hold, the statement
8.33must identify those individuals, to the extent practicable. A copy of the examiner's
8.34statement shall be personally served on the person immediately upon admission and a
8.35copy shall be maintained by the treatment facility."
9.1Page 2, after line 3, insert:

9.2    "Sec. 22. Minnesota Statutes 2008, section 253B.10, subdivision 5, is amended to read:
9.3    Subd. 5. Transfer to voluntary status. At any time prior to the expiration of the
9.4initial commitment period, a patient who has not been committed as mentally ill and
9.5dangerous to the public or as a sexually dangerous person or as a sexual psychopathic
9.6personality may be transferred to voluntary status upon the patient's application in writing
9.7with the consent of the head of the facility. Upon transfer, the head of the treatment facility
9.8shall immediately notify the court in writing and the court shall terminate the proceedings.

9.9    Sec. 23. Minnesota Statutes 2009 Supplement, section 253B.14, is amended to read:
9.10253B.14 TRANSFER OF COMMITTED PERSONS.
9.11    The commissioner may transfer any committed person, other than a person
9.12committed as mentally ill and dangerous to the public, or as a sexually dangerous person
9.13or as a sexual psychopathic personality, from one regional treatment center to any other
9.14treatment facility under the commissioner's jurisdiction which is capable of providing
9.15proper care and treatment. When a committed person is transferred from one treatment
9.16facility to another, written notice shall be given to the committing court, the county
9.17attorney, the patient's counsel, and to the person's parent, health care agent, or spouse or, if
9.18none is known, to an interested person, and the designated agency.

9.19    Sec. 24. Minnesota Statutes 2008, section 253B.15, subdivision 1, is amended to read:
9.20    Subdivision 1. Provisional discharge. The head of the treatment facility may
9.21provisionally discharge any patient without discharging the commitment, unless the patient
9.22was found by the committing court to be a person who is mentally ill and dangerous to the
9.23public, or a sexually dangerous person or a sexual psychopathic personality.
9.24    Each patient released on provisional discharge shall have a written aftercare plan
9.25developed which specifies the services and treatment to be provided as part of the
9.26aftercare plan, the financial resources available to pay for the services specified, the
9.27expected period of provisional discharge, the precise goals for the granting of a final
9.28discharge, and conditions or restrictions on the patient during the period of the provisional
9.29discharge. The aftercare plan shall be provided to the patient, the patient's attorney, and
9.30the designated agency.
9.31    The aftercare plan shall be reviewed on a quarterly basis by the patient, designated
9.32agency and other appropriate persons. The aftercare plan shall contain the grounds upon
9.33which a provisional discharge may be revoked. The provisional discharge shall terminate
9.34on the date specified in the plan unless specific action is taken to revoke or extend it.

10.1    Sec. 25. Minnesota Statutes 2008, section 253B.18, subdivision 5a, is amended to read:
10.2    Subd. 5a. Victim notification of petition and release; right to submit statement.
10.3    (a) As used in this subdivision:
10.4    (1) "crime" has the meaning given to "violent crime" in section 609.1095, and
10.5includes criminal sexual conduct in the fifth degree and offenses within the definition of
10.6"crime against the person" in section 253B.02, subdivision 4a, and also includes offenses
10.7listed in section 253B.02, subdivision 7a, paragraph (b), regardless of whether they are
10.8sexually motivated;
10.9    (2) "victim" means a person who has incurred loss or harm as a result of a crime
10.10the behavior for which forms the basis for a commitment under this section or section
10.11253B.185 ; and
10.12    (3) "convicted" and "conviction" have the meanings given in section 609.02,
10.13subdivision 5 , and also include juvenile court adjudications, findings under Minnesota
10.14Rules of Criminal Procedure, rule 20.02, that the elements of a crime have been proved,
10.15and findings in commitment cases under this section or section 253B.185 that an act or
10.16acts constituting a crime occurred.
10.17    (b) A county attorney who files a petition to commit a person under this section
10.18or section 253B.185 shall make a reasonable effort to provide prompt notice of filing
10.19the petition to any victim of a crime for which the person was convicted. In addition,
10.20the county attorney shall make a reasonable effort to promptly notify the victim of the
10.21resolution of the petition.
10.22    (c) Before provisionally discharging, discharging, granting pass-eligible status,
10.23approving a pass plan, or otherwise permanently or temporarily releasing a person
10.24committed under this section or section 253B.185 from a treatment facility, the head of the
10.25treatment facility shall make a reasonable effort to notify any victim of a crime for which
10.26the person was convicted that the person may be discharged or released and that the victim
10.27has a right to submit a written statement regarding decisions of the medical director,
10.28special review board, or commissioner with respect to the person. To the extent possible,
10.29the notice must be provided at least 14 days before any special review board hearing or
10.30before a determination on a pass plan. Notwithstanding section 611A.06, subdivision 4,
10.31the commissioner shall provide the judicial appeal panel with victim information in order
10.32to comply with the provisions of this section. The judicial appeal panel shall ensure that
10.33the data on victims remains private as provided for in section 611A.06, subdivision 4.
10.34    (d) This subdivision applies only to victims who have requested notification by
10.35contacting, in writing, the county attorney in the county where the conviction for the crime
11.1occurred. A county attorney who receives a request for notification under this paragraph
11.2shall promptly forward the request to the commissioner of human services.
11.3    (e) The rights under this subdivision are in addition to rights available to a victim
11.4under chapter 611A. This provision does not give a victim all the rights of a "notified
11.5person" or a person "entitled to statutory notice" under subdivision 4a, 4b, or 5 or section
11.6253B.185, subdivision 10.

11.7    Sec. 26. Minnesota Statutes 2008, section 253B.185, is amended to read:
11.8253B.185 SEXUAL PSYCHOPATHIC PERSONALITY; SEXUALLY
11.9DANGEROUS.
11.10    Subdivision 1. Commitment generally. (a) Except as otherwise provided in this
11.11section, the provisions of this chapter pertaining to persons who are mentally ill and
11.12dangerous to the public apply with like force and effect to persons who are alleged or
11.13found to be sexually dangerous persons or persons with a sexual psychopathic personality.
11.14For purposes of this section, "sexual psychopathic personality" includes any individual
11.15committed as a "psychopathic personality" under Minnesota Statutes 1992, section 526.10.
11.16    (b) Before commitment proceedings are instituted, the facts shall first be submitted
11.17to the county attorney, who, if satisfied that good cause exists, will prepare the petition.
11.18The county attorney may request a prepetition screening report. The petition is to be
11.19executed by a person having knowledge of the facts and filed with the committing court
11.20of the county in which the patient has a settlement or is present. If the patient is in the
11.21custody of the commissioner of corrections, the petition may be filed in the county where
11.22the conviction for which the person is incarcerated was entered.
11.23    (c) Upon the filing of a petition alleging that a proposed patient is a sexually
11.24dangerous person or is a person with a sexual psychopathic personality, the court shall
11.25hear the petition as provided in section 253B.18, except that section 253B.18, subdivision
11.262 , shall not apply.
11.27    (d) In commitments under this section, the court shall commit the patient to a secure
11.28treatment facility unless the patient establishes by clear and convincing evidence that a
11.29less restrictive treatment program is available that is consistent with the patient's treatment
11.30needs and the requirements of public safety.
11.31    (e) After a determination that a patient is a sexually dangerous person or sexual
11.32psychopathic personality, the court shall order commitment for an indeterminate period of
11.33time and the patient shall be transferred, provisionally discharged, or discharged, only as
11.34provided in this section.
12.1    Subd. 1a. Temporary confinement. During any hearing held under this section, or
12.2pending emergency revocation of a provisional discharge, the court may order the patient
12.3or proposed patient temporarily confined in a jail or lockup but only if:
12.4    (1) there is no other feasible place of confinement for the patient within a reasonable
12.5distance;
12.6    (2) the confinement is for less than 24 hours or, if during a hearing, less than 24
12.7hours prior to commencement and after conclusion of the hearing; and
12.8    (3) there are protections in place, including segregation of the patient, to ensure
12.9the safety of the patient.
12.10    Subd. 1b. County attorney access to data. Notwithstanding sections 144.291
12.11to 144.298 ; 245.467, subdivision 6; 245.4876, subdivision 7; 260B.171; 260B.235,
12.12subdivision 8 ; 260C.171; and 609.749, subdivision 6, or any provision of chapter 13
12.13or other state law, prior to filing a petition for commitment as a sexual psychopathic
12.14personality or as a sexually dangerous person, and upon notice to the proposed patient,
12.15the county attorney or the county attorney's designee may move the court for an order
12.16granting access to any records or data, to the extent it relates to the proposed patient, for
12.17the purpose of determining whether good cause exists to file a petition and, if a petition
12.18is filed, to support the allegations set forth in the petition.
12.19    The court may grant the motion if: (1) the Department of Corrections refers the case
12.20for commitment as a sexual psychopathic personality or a sexually dangerous person; or
12.21(2) upon a showing that the requested category of data or records may be relevant to
12.22the determination by the county attorney or designee. The court shall decide a motion
12.23under this subdivision within 48 hours after a hearing on the motion. Notice to the
12.24proposed patient need not be given upon a showing that such notice may result in harm or
12.25harassment of interested persons or potential witnesses.
12.26    Notwithstanding any provision of chapter 13 or other state law, a county attorney
12.27considering the civil commitment of a person under this section may obtain records and
12.28data from the Department of Corrections or any probation or parole agency in this state
12.29upon request, without a court order, for the purpose of determining whether good cause
12.30exists to file a petition and, if a petition is filed, to support the allegations set forth in the
12.31petition. At the time of the request for the records, the county attorney shall provide notice
12.32of the request to the person who is the subject of the records.
12.33    Data collected pursuant to this subdivision shall retain their original status and, if not
12.34public, are inadmissible in any court proceeding unrelated to civil commitment, unless
12.35otherwise permitted.
13.1    Subd. 2. Transfer to correctional facility. (a) If a person has been committed
13.2under this section and later is committed to the custody of the commissioner of corrections
13.3for any reason, including but not limited to, being sentenced for a crime or revocation of
13.4the person's supervised release or conditional release under section 244.05; 609.3455,
13.5subdivision 6, 7, or 8; Minnesota Statutes 2004, section 609.108, subdivision 6; or
13.6Minnesota Statutes 2004, section 609.109, subdivision 7 , the person shall be transferred to
13.7a facility designated by the commissioner of corrections without regard to the procedures
13.8provided in section 253B.18.
13.9    (b) If a person is committed under this section after a commitment to the
13.10commissioner of corrections, the person shall first serve the sentence in a facility
13.11designated by the commissioner of corrections. After the person has served the sentence,
13.12the person shall be transferred to a treatment program designated by the commissioner
13.13of human services.
13.14    Subd. 3. Not to constitute defense. The existence in any person of a condition of a
13.15sexual psychopathic personality or the fact that a person is a sexually dangerous person
13.16shall not in any case constitute a defense to a charge of crime, nor relieve such person
13.17from liability to be tried upon a criminal charge.
13.18    Subd. 4. Statewide judicial panel; commitment proceedings. (a) The Supreme
13.19Court may establish a panel of district judges with statewide authority to preside over
13.20commitment proceedings of sexual psychopathic personalities and sexually dangerous
13.21persons. Only one judge of the panel is required to preside over a particular commitment
13.22proceeding. Panel members shall serve for one-year terms. One of the judges shall be
13.23designated as the chief judge of the panel, and is vested with the power to designate the
13.24presiding judge in a particular case, to set the proper venue for the proceedings, and to
13.25otherwise supervise and direct the operation of the panel. The chief judge shall designate
13.26one of the other judges to act as chief judge whenever the chief judge is unable to act.
13.27    (b) If the Supreme Court creates the judicial panel authorized by this section, all
13.28petitions for civil commitment brought under subdivision 1 shall be filed with the supreme
13.29court instead of with the district court in the county where the proposed patient is present,
13.30notwithstanding any provision of subdivision 1 to the contrary. Otherwise, all of the
13.31other applicable procedures contained in this chapter apply to commitment proceedings
13.32conducted by a judge on the panel.
13.33    Subd. 5. Financial responsibility. (a) For purposes of this subdivision, "state
13.34facility" has the meaning given in section 246.50 and also includes a Department of
13.35Corrections facility when the proposed patient is confined in such a facility pursuant to
13.36section 253B.045, subdivision 1a.
14.1    (b) Notwithstanding sections 246.54, 253B.045, and any other law to the contrary,
14.2when a petition is filed for commitment under this section pursuant to the notice required
14.3in section 244.05, subdivision 7, the state and county are each responsible for 50 percent of
14.4the cost of the person's confinement at a state facility or county jail, prior to commitment.
14.5    (c) The county shall submit an invoice to the state court administrator for
14.6reimbursement of the state's share of the cost of confinement.
14.7    (d) Notwithstanding paragraph (b), the state's responsibility for reimbursement is
14.8limited to the amount appropriated for this purpose.
14.9    Subd. 6. Aftercare and case management. The state, in collaboration with the
14.10designated agency, is responsible for arranging and funding the aftercare and case
14.11management services for persons under commitment as sexual psychopathic personalities
14.12and sexually dangerous persons discharged after July 1, 1999.
14.13    Subd. 7. Rights of patients committed under this section. (a) The commissioner
14.14or the commissioner's designee may limit the statutory rights described in paragraph (b)
14.15for patients committed to the Minnesota sex offender program under this section or with
14.16the commissioner's consent under section 246B.02. The statutory rights described in
14.17paragraph (b) may be limited only as necessary to maintain a therapeutic environment
14.18or the security of the facility or to protect the safety and well-being of patients, staff,
14.19and the public.
14.20    (b) The statutory rights that may be limited in accordance with paragraph (a) are
14.21those set forth in section 144.651, subdivision 19, personal privacy; section 144.651,
14.22subdivision 21 , private communications; section 144.651, subdivision 22, retain and use
14.23of personal property; section 144.651, subdivision 25, manage personal financial affairs;
14.24section 144.651, subdivision 26, meet with visitors and participate in groups; section
14.25253B.03, subdivision 2 , correspond with others; and section 253B.03, subdivision 3,
14.26receive visitors and make telephone calls. Other statutory rights enumerated by sections
14.27144.651 and 253B.03, or any other law, may be limited as provided in those sections.
14.28    Subd. 8. Petition and report required. (a) Within 120 days of receipt of a
14.29preliminary determination from a court under section 609.1351, or a referral from the
14.30commissioner of corrections pursuant to section 244.05, subdivision 7, a county attorney
14.31shall determine whether good cause under this section exists to file a petition, and if good
14.32cause exists, the county attorney or designee shall file the petition with the court.
14.33    (b) Failure to meet the requirements of paragraph (a) does not bar filing a petition
14.34under subdivision 1 any time the county attorney determines pursuant to subdivision 1
14.35that good cause for such a petition exists.
15.1    (c) By February 1 of each year, the commissioner of human services shall annually
15.2report to the respective chairs of the divisions or committees of the senate and house
15.3of representatives that oversee human services finance regarding compliance with this
15.4subdivision.
15.5    Subd. 9. Petition for reduction in custody. (a) This subdivision applies only
15.6to committed persons as defined in paragraph (b). The procedures in section 253B.18,
15.7subdivision 5a, subdivision 10 for victim notification and right to submit a statement
15.8under section 253B.18 apply to petitions filed and reductions in custody recommended
15.9under this subdivision.
15.10    (b) As used in this subdivision:
15.11    (1) "committed person" means an individual committed under this section, or under
15.12this section and under section 253B.18, as mentally ill and dangerous. It does not include
15.13persons committed only as mentally ill and dangerous under section 253B.18; and
15.14    (2) "reduction in custody" means transfer out of a secure treatment facility, a
15.15provisional discharge, or a discharge from commitment. A reduction in custody is
15.16considered to be a commitment proceeding under section 8.01.
15.17    (c) A petition for a reduction in custody or an appeal of a revocation of provisional
15.18discharge may be filed by either the committed person or by the head of the treatment
15.19facility and must be filed with and considered by a panel of the special review board
15.20authorized under section 253B.18, subdivision 4c. A committed person may not petition
15.21the special review board any sooner than six 12 months following either:
15.22    (1) the entry of judgment in the district court of the order for commitment issued
15.23under section 253B.18, subdivision 3, or upon the exhaustion of all related appeal rights
15.24in state court relating to that order, whichever is later; or
15.25    (2) any recommendation of the special review board or order of the judicial appeal
15.26panel, or upon the exhaustion of all appeal rights in state court, whichever is later. The
15.27medical director head of the treatment facility may petition at any time. The special
15.28review board proceedings are not contested cases as defined in chapter 14.
15.29    (d) The special review board shall hold a hearing on each petition before issuing a
15.30recommendation under paragraph (f). Fourteen days before the hearing, the committing
15.31court, the county attorney of the county of commitment, the designated agency, an
15.32interested person, the petitioner and the petitioner's counsel, and the committed person
15.33and the committed person's counsel must be given written notice by the commissioner of
15.34the time and place of the hearing before the special review board. Only those entitled to
15.35statutory notice of the hearing or those administratively required to attend may be present
16.1at the hearing. The patient may designate interested persons to receive notice by providing
16.2the names and addresses to the commissioner at least 21 days before the hearing.
16.3    (e) A person or agency receiving notice that submits documentary evidence to the
16.4special review board before the hearing must also provide copies to the committed person,
16.5the committed person's counsel, the county attorney of the county of commitment, the case
16.6manager, and the commissioner. The special review board must consider any statements
16.7received from victims under section 253B.18, subdivision 5a subdivision 10.
16.8    (f) Within 30 days of the hearing, the special review board shall issue written
16.9findings of fact and shall recommend denial or approval of the petition to the judicial
16.10appeal panel established under section 253B.19. The commissioner shall forward the
16.11recommendation of the special review board to the judicial appeal panel and to every
16.12person entitled to statutory notice. No reduction in custody or reversal of a revocation
16.13of provisional discharge recommended by the special review board is effective until it
16.14has been reviewed by the judicial appeal panel and until 15 days after an order from the
16.15judicial appeal panel affirming, modifying, or denying the recommendation.
16.16    Subd. 10. Victim notification of petition and release; right to submit statement.
16.17    (a) As used in this subdivision:
16.18    (1) "crime" has the meaning given to "violent crime" in section 609.1095, and
16.19includes criminal sexual conduct in the fifth degree and offenses within the definition of
16.20"crime against the person" in section 253B.02, subdivision 4a, and also includes offenses
16.21listed in section 253B.02, subdivision 7a, paragraph (b), regardless of whether they are
16.22sexually motivated;
16.23    (2) "victim" means a person who has incurred loss or harm as a result of a crime,
16.24the behavior for which forms the basis for a commitment under this section or section
16.25253B.18; and
16.26    (3) "convicted" and "conviction" have the meanings given in section 609.02,
16.27subdivision 5 , and also include juvenile court adjudications, findings under Minnesota
16.28Rules of Criminal Procedure, rule 20.02, that the elements of a crime have been proved,
16.29and findings in commitment cases under this section or section 253B.18, that an act or
16.30acts constituting a crime occurred.
16.31    (b) A county attorney who files a petition to commit a person under this section shall
16.32make a reasonable effort to provide prompt notice of filing the petition to any victim of a
16.33crime for which the person was convicted. In addition, the county attorney shall make a
16.34reasonable effort to promptly notify the victim of the resolution of the petition.
16.35    (c) Before provisionally discharging, discharging, granting pass-eligible status,
16.36approving a pass plan, or otherwise permanently or temporarily releasing a person
17.1committed under this section from a treatment facility, the head of the treatment facility
17.2shall make a reasonable effort to notify any victim of a crime for which the person was
17.3convicted that the person may be discharged or released and that the victim has a right
17.4to submit a written statement regarding decisions of the head of the treatment facility or
17.5designee, or special review board, with respect to the person. To the extent possible, the
17.6notice must be provided at least 14 days before any special review board hearing or before
17.7a determination on a pass plan. Notwithstanding section 611A.06, subdivision 4, the
17.8commissioner shall provide the judicial appeal panel with victim information in order to
17.9comply with the provisions of this section. The judicial appeal panel shall ensure that the
17.10data on victims remains private as provided for in section 611A.06, subdivision 4.
17.11    (d) This subdivision applies only to victims who have requested notification by
17.12contacting, in writing, the county attorney in the county where the civil commitment
17.13was filed or the head of the treatment facility. A county attorney who receives a request
17.14for notification under this paragraph shall promptly forward the request to the head
17.15of the treatment facility.
17.16    (e) Rights under this subdivision are in addition to rights available to a victim under
17.17chapter 611A. This provision does not give a victim all the rights of a "notified person"
17.18or a person "entitled to statutory notice" under subdivision 12 or 13 or section 253B.18,
17.19subdivision 4a, 4b, or 5 .
17.20    Subd. 11. Transfer. (a) A patient who is committed as a sexually dangerous person
17.21or sexual psychopathic personality shall not be transferred out of a secure treatment
17.22facility unless it appears to the satisfaction of the judicial appeal panel, after a hearing and
17.23recommendation by a majority of the special review board, that the transfer is appropriate.
17.24Transfer may be to other treatment programs under the commissioner's control.
17.25    (b) The following factors must be considered in determining whether a transfer
17.26is appropriate:
17.27    (1) the person's clinical progress and present treatment needs;
17.28    (2) the need for security to accomplish continuing treatment;
17.29    (3) the need for continued institutionalization;
17.30    (4) which facility can best meet the person's needs; and
17.31    (5) whether transfer can be accomplished with a reasonable degree of safety for
17.32the public.
17.33    Subd. 12. Provisional discharge. A patient who is committed as a sexual
17.34psychopathic personality or sexually dangerous person shall not be provisionally
17.35discharged unless it appears to the satisfaction of the judicial appeal panel, after a hearing
18.1and a recommendation by a majority of the special review board, that the patient is capable
18.2of making an acceptable adjustment to open society.
18.3    The following factors are to be considered in determining whether a provisional
18.4discharge shall be recommended:
18.5    (1) whether the patient's course of treatment and present mental status indicate
18.6there is no longer a need for treatment and supervision in the patient's current treatment
18.7setting; and
18.8    (2) whether the conditions of the provisional discharge plan will provide a reasonable
18.9degree of protection to the public and will enable the patient to adjust successfully to
18.10the community.
18.11    Subd. 13. Provisional discharge plan. A provisional discharge plan shall be
18.12developed, implemented, and monitored by the head of the treatment facility or designee
18.13in conjunction with the patient and other appropriate persons. The head of the treatment
18.14facility or designee shall, at least quarterly, review the plan with the patient and submit a
18.15written report to the designated agency concerning the patient's status and compliance
18.16with each term of the plan.
18.17    Subd. 14. Provisional discharge; review. A provisional discharge pursuant to this
18.18section shall not automatically terminate. A full discharge shall occur only as provided in
18.19subdivision 18. The commissioner shall notify the patient that the terms of a provisional
18.20discharge continue unless the patient requests and is granted a change in the conditions
18.21of provisional discharge or unless the patient petitions the special review board for a full
18.22discharge and the discharge is granted by the judicial appeal panel.
18.23    Subd. 15. Provisional discharge; revocation. (a) The head of the treatment facility
18.24may revoke a provisional discharge if either of the following grounds exist:
18.25    (1) the patient has departed from the conditions of the provisional discharge plan; or
18.26    (2) the patient is exhibiting behavior which may be dangerous to self or others.
18.27    (b) The head of the treatment facility may revoke the provisional discharge and,
18.28either orally or in writing, order that the patient be immediately returned to the treatment
18.29facility. A report documenting reasons for revocation shall be issued by the head of the
18.30treatment facility within seven days after the patient is returned to the treatment facility.
18.31Advance notice to the patient of the revocation is not required.
18.32    (c) The patient must be provided a copy of the revocation report and informed, orally
18.33and in writing, of the rights of a patient under this section. The revocation report shall be
18.34served upon the patient, the patient's counsel, and the designated agency. The report shall
18.35outline the specific reasons for the revocation, including but not limited to the specific
18.36facts upon which the revocation recommendation is based.
19.1    (d) An individual who is revoked from provisional discharge must successfully
19.2re-petition the special review board and judicial appeal panel prior to being placed back
19.3on provisional discharge.
19.4    Subd. 16. Return of absent patient. If the patient is absent without authorization,
19.5the head of the treatment facility or designee may request a peace officer to return
19.6the patient to the treatment facility. The head of the treatment facility shall inform the
19.7committing court of the revocation or absence, and the court shall direct a peace officer
19.8in the county where the patient is located to return the patient to the treatment facility or
19.9to another treatment facility. The expense of returning the patient to a treatment facility
19.10shall be paid by the commissioner unless paid by the patient or other persons on the
19.11patient's behalf.
19.12    Subd. 17. Appeal. Any patient aggrieved by a revocation decision or any interested
19.13person may petition the special review board within seven days, exclusive of Saturdays,
19.14Sundays, and legal holidays, after receipt of the revocation report for a review of the
19.15revocation. The matter shall be scheduled within 30 days. The special review board shall
19.16review the circumstances leading to the revocation and shall recommend to the judicial
19.17appeal panel whether or not the revocation shall be upheld. The special review board may
19.18also recommend a new provisional discharge at the time of the revocation hearing.
19.19    Subd. 18. Discharge. A patient who is committed as a sexual psychopathic
19.20personality or sexually dangerous person shall not be discharged unless it appears to the
19.21satisfaction of the judicial appeal panel, after a hearing and recommendation by a majority
19.22of the special review board, that the patient is capable of making an acceptable adjustment
19.23to open society, is no longer dangerous to the public, and is no longer in need of inpatient
19.24treatment and supervision.
19.25    In determining whether a discharge shall be recommended, the special review board
19.26and judicial appeal panel shall consider whether specific conditions exist to provide a
19.27reasonable degree of protection to the public and to assist the patient in adjusting to the
19.28community. If the desired conditions do not exist, the discharge shall not be granted.
19.29    Subd. 19. Aftercare services. The Minnesota sex offender program shall provide
19.30the supervision, aftercare, and case management services for a person under commitment
19.31as sexual psychopathic personalities and sexually dangerous persons discharged after
19.32July 1, 1999. The designated agency shall assist with client eligibility for public welfare
19.33benefits and will provide those services that are currently available exclusively through
19.34county government.
19.35    Prior to the date of discharge or provisional discharge of any patient committed as a
19.36sexual psychopathic personality or sexually dangerous person, the head of the treatment
20.1facility or designee shall establish a continuing plan of aftercare services for the patient,
20.2including a plan for medical and behavioral health services, financial sustainability,
20.3housing, social supports, or other assistance the patient needs. The Minnesota sex offender
20.4program shall provide case management services and shall assist the patient in finding
20.5employment, suitable shelter, and adequate medical and behavioral health services and
20.6otherwise assist in the patient's readjustment to the community.

20.7    Sec. 27. Minnesota Statutes 2008, section 253B.19, subdivision 2, is amended to read:
20.8    Subd. 2. Petition; hearing. (a) A person committed as mentally ill and dangerous
20.9to the public under section 253B.18, or the county attorney of the county from which the
20.10person was committed or the county of financial responsibility, may petition the judicial
20.11appeal panel for a rehearing and reconsideration of a decision by the commissioner under
20.12section 253B.18, subdivision 5. The judicial appeal panel must not consider petitions for
20.13relief other than those considered by the commissioner from which the appeal is taken.
20.14The petition must be filed with the Supreme Court within 30 days after the decision of
20.15the commissioner is signed. The hearing must be held within 45 days of the filing of the
20.16petition unless an extension is granted for good cause.
20.17    (b) A person committed as a sexual psychopathic personality or as a sexually
20.18dangerous person under section 253B.185, or committed as both mentally ill and
20.19dangerous to the public under section 253B.18 and as a sexual psychopathic personality or
20.20as a sexually dangerous person under section 253B.185; the county attorney of the county
20.21from which the person was committed or the county of financial responsibility; or the
20.22commissioner may petition the judicial appeal panel for a rehearing and reconsideration
20.23of a decision of the special review board under section 253B.185, subdivision 9. The
20.24petition must be filed with the Supreme Court within 30 days after the decision is mailed
20.25by the commissioner as required in section 253B.185, subdivision 9, paragraph (f). The
20.26hearing must be held within 180 days of the filing of the petition unless an extension is
20.27granted for good cause. If no party petitions the judicial appeal panel for a rehearing
20.28or reconsideration within 30 days, the judicial appeal panel shall either issue an order
20.29adopting the recommendations of the special review board or set the matter on for a
20.30hearing pursuant to this paragraph.
20.31    (c) For an appeal under paragraph (a) or (b), the Supreme Court shall refer the
20.32petition to the chief judge of the judicial appeal panel. The chief judge shall notify the
20.33patient, the county attorney of the county of commitment, the designated agency, the
20.34commissioner, the head of the treatment facility, any interested person, and other persons
21.1the chief judge designates, of the time and place of the hearing on the petition. The notice
21.2shall be given at least 14 days prior to the date of the hearing.
21.3    (d) Any person may oppose the petition. The patient, the patient's counsel, the
21.4county attorney of the committing county or the county of financial responsibility, and the
21.5commissioner shall participate as parties to the proceeding pending before the judicial
21.6appeal panel and shall, no later than 20 days before the hearing on the petition, inform the
21.7judicial appeal panel and the opposing party in writing whether they support or oppose
21.8the petition and provide a summary of facts in support of their position. The judicial
21.9appeal panel may appoint examiners and may adjourn the hearing from time to time.
21.10It shall hear and receive all relevant testimony and evidence and make a record of all
21.11proceedings. The patient, the patient's counsel, and the county attorney of the committing
21.12county or the county of financial responsibility have the right to be present and may
21.13present and cross-examine all witnesses and offer a factual and legal basis in support of
21.14their positions. The petitioning party seeking discharge or provisional discharge bears the
21.15burden of going forward with the evidence which means presenting a prima facie case
21.16with competent evidence on each statutory factor. The party opposing discharge bears
21.17the burden of proof by clear and convincing evidence that the respondent is in need of
21.18commitment. The burden of persuasion shall be on a party seeking transfer and shall
21.19be by a preponderance of the evidence."
21.20Renumber the sections in sequence and correct the internal references
21.21Amend the title accordingly