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

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

1.16 	Sec. 2. Minnesota Statutes 2012, section 253B.02, subdivision 24, is amended to read:
1.17 		Subd. 24.Administrative restriction. "Administrative restriction" means any 
1.18 	measure utilized by the commissioner to maintain safety and security, protect possible 
1.19 	evidence, and prevent the continuation of suspected criminal acts. Administrative 
1.20 	restriction does not mean protective isolation as defined by Minnesota Rules, part 
1.21 	9515.3090, subpart 4. Administrative restriction may include increased monitoring, 
1.22 	program limitations, loss of privileges, restricted access to and use of possessions, 
1.23 	and separation of a patient committed person from the normal living environment, 
1.24 	as determined by the commissioner or the commissioner's designee. Administrative 
2.1 	restriction applies only to patients committed persons in a secure treatment facility as 
2.2 	defined in subdivision 18a section 253D.02, subdivision 9, who:
2.3 	(1) are suspected of committing a crime or charged with a crime;
2.4 	(2) are the subject of a criminal investigation;
2.5 	(3) are awaiting sentencing following a conviction of a crime; or
2.6 	(4) are awaiting transfer to a correctional facility.
2.7 	The commissioner shall establish policies and procedures according to section 246.014, 
2.8 	paragraph (d), regarding the use of administrative restriction. The policies and procedures 
2.9 	shall identify the implementation and termination of administrative restrictions. Use of 
2.10 	administrative restriction and the reason associated with the use shall be documented 
2.11 	in the patient's medical record.

2.12 	Sec. 3. Minnesota Statutes 2012, section 253B.03, subdivision 1a, is amended to read:
2.13 		Subd. 1a.Administrative restriction. (a) A patient committed person has the 
2.14 	right to be free from unnecessary or excessive administrative restriction. Administrative 
2.15 	restriction shall not be used for the convenience of staff, for retaliation for filing 
2.16 	complaints, or as a substitute for program treatment. Administrative restriction may not 
2.17 	involve any further deprivation of privileges than is necessary.
2.18 	(b) Administrative restriction may include separate and secure housing.
2.19 	(c) Patients Committed Persons under administrative restriction shall not be limited 
2.20 	in access to their attorney.
2.21 	(d) If a patient committed person is placed on administrative restriction because 
2.22 	the patient committed person is suspected of committing a crime, the secure treatment 
2.23 	facility must report the crime to the appropriate police agency within 24 hours of the 
2.24 	beginning of administrative restriction. The patient committed person must be released 
2.25 	from administrative restriction if a police agency does not begin an investigation within 72 
2.26 	hours of the report.
2.27 	(e) A patient committed person placed on administrative restriction because the 
2.28 	patientcommitted person is a subject of a criminal investigation must be released from 
2.29 	administrative restriction when the investigation is completed. If the patient committed 
2.30 	person is charged with a crime following the investigation, administrative restriction may 
2.31 	continue until the charge is disposed of.
2.32 	(f) The secure treatment facility must notify the patient's committed person's
2.33 	 attorney of the patient committed person being placed on administrative restriction within 
2.34 	24 hours after the beginning of administrative restriction.
3.1 	(g) The commissioner shall establish policies and procedures according to section 
3.2 	246.014, paragraph (d), regarding the use of administrative restriction. The policies 
3.3 	and procedures shall identify the implementation and termination of administrative 
3.4 	restrictions. Use of administration restriction and the reason associated with the use shall 
3.5 	be documented in the committed person's medical record.

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

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

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

5.16 	Sec. 7. Minnesota Statutes 2012, section 253B.185, is amended to read:
5.17 	253B.185 SEXUAL PSYCHOPATHIC PERSONALITY; SEXUALLY 
5.18 	DANGEROUS.
5.19 		Subdivision 1.Commitment generally. (a) Except as otherwise provided in this 
5.20 	section, the provisions of this chapter pertaining to persons who are mentally ill and 
5.21 	dangerous to the public apply with like force and effect to persons who are alleged or 
5.22 	found to be sexually dangerous persons or persons with a sexual psychopathic personality. 
5.23 	For purposes of this section, "sexual psychopathic personality" includes any individual 
5.24 	committed as a "psychopathic personality" under Minnesota Statutes 1992, section 526.10.
5.25 	(b) (a) Before commitment proceedings are instituted, the facts shall first be 
5.26 	submitted to the county attorney, who, if satisfied that good cause exists, will prepare the 
5.27 	petition. The county attorney may request a prepetition screening report. The petition is to 
5.28 	be executed by a person having knowledge of the facts and filed with the district court of 
5.29 	the county of financial responsibility, as defined in section 253B.02, subdivision 4c, or the 
5.30 	county where the patient respondent proposed committed person is present. If the patient
5.31 	 respondent is in the custody of the commissioner of corrections, the petition may be filed 
5.32 	in the county where the conviction for which the person is incarcerated was entered.
5.33 	(c) (b) Upon the filing of a petition alleging that a respondent proposed patient
5.34 	 committed person is a sexually dangerous person or is a person with a sexual psychopathic 
6.1 	personality, the court shall hear the petition as provided in section 253B.18, except that 
6.2 	section 253B.18, subdivisions 2 and 3, shall not apply sections 253B.07 and 253B.08.
6.3 	(d) In commitments under this section, (c) If the court finds by clear and convincing 
6.4 	evidence that the respondent proposed committed person is a sexually dangerous person 
6.5 	or a sexual psychopathic personality,  the court shall commit the patient respondent to a 
6.6 	secure treatment facility unless the patient respondent establishes by clear and convincing 
6.7 	evidence that a less restrictive treatment program is available that is consistent with the 
6.8 	patient's respondent's treatment needs and the requirements of public safety.
6.9 	(e) (d) After a final determination that a patient respondent is a sexually dangerous 
6.10 	person or sexual psychopathic personality, the court shall order commitment for an 
6.11 	indeterminate period of time and the patient respondent committed person shall be 
6.12 	transferred, provisionally discharged, or discharged, only as provided in this section
6.13 	 chapter.
6.14 		Subd. 1a.Temporary confinement Jails. During any hearing held under this 
6.15 	section, or pending emergency revocation of a provisional discharge, the court may order 
6.16 	the patient committed person or proposed patient committed person temporarily confined 
6.17 	in a jail or lockup but only if:
6.18 	(1) there is no other feasible place of confinement for the patient committed person
6.19 	 within a reasonable distance;
6.20 	(2) the confinement is for less than 24 hours or, if during a hearing, less than 24 
6.21 	hours prior to commencement and after conclusion of the hearing; and
6.22 	(3) there are protections in place, including segregation of the patient committed 
6.23 	person, to ensure the safety of the patient committed person.
6.24 		Subd. 1b.County attorney access to data. Notwithstanding sections 144.291
6.25 	to 144.298; 245.467, subdivision 6; 245.4876, subdivision 7; 260B.171; 260B.235, 
6.26 	subdivision 8; 260C.171; and 609.749, subdivision 6, or any provision of chapter 13 
6.27 	or other state law, prior to filing a petition for commitment as a sexual psychopathic 
6.28 	personality or as a sexually dangerous person, and upon notice to the proposed patient
6.29 	 respondent, the county attorney or the county attorney's designee may move the court for 
6.30 	an order granting access to any records or data, to the extent it relates to the proposed 
6.31 	patient respondent, for the purpose of determining whether good cause exists to file a 
6.32 	petition and, if a petition is filed, to support the allegations set forth in the petition.
6.33 	The court may grant the motion if: (1) the Department of Corrections refers the case 
6.34 	for commitment as a sexual psychopathic personality or a sexually dangerous person; or 
6.35 	(2) upon a showing that the requested category of data or records may be relevant to the 
6.36 	determination by the county attorney or designee. The court shall decide a motion under 
7.1 	this subdivision section within 48 hours after a hearing on the motion. Notice to the 
7.2 	proposed patient respondent need not be given upon a showing that such notice may result 
7.3 	in harm or harassment of interested persons or potential witnesses.
7.4 	Notwithstanding any provision of chapter 13 or other state law, a county attorney 
7.5 	considering the civil commitment of a person under this section chapter may obtain 
7.6 	records and data from the Department of Corrections or any probation or parole agency in 
7.7 	this state upon request, without a court order, for the purpose of determining whether good 
7.8 	cause exists to file a petition and, if a petition is filed, to support the allegations set forth in 
7.9 	the petition. At the time of the request for the records, the county attorney shall provide 
7.10 	notice of the request to the person who is the subject of the records.
7.11 	Data collected pursuant to this subdivision section shall retain their original status 
7.12 	and, if not public, are inadmissible in any court proceeding unrelated to civil commitment, 
7.13 	unless otherwise permitted.
7.14 		Subd. 2.Transfer to correctional facility. (a) If a person has been committed 
7.15 	under this section chapter and later is committed to the custody of the commissioner of 
7.16 	corrections for any reason, including but not limited to, being sentenced for a crime or 
7.17 	revocation of the person's supervised release or conditional release under section 244.05; 
7.18 	609.3455, subdivision 6, 7, or 8; Minnesota Statutes 2004, section 609.108, subdivision 
7.19 	6; or Minnesota Statutes 2004, section 609.109, subdivision 7, the person shall be 
7.20 	transferred to a facility designated by the commissioner of corrections without regard to 
7.21 	the procedures provided in subdivision 11 section 253D.29, subdivision 1.
7.22 	(b) If a person is committed under this section chapter after a commitment to 
7.23 	the commissioner of corrections, the person shall first serve the sentence in a facility 
7.24 	designated by the commissioner of corrections. After the person has served the sentence, 
7.25 	the person shall be transferred to a treatment program designated by the commissioner 
7.26 	of human services.
7.27 		Subd. 3.Not to constitute defense. The existence in any person of a condition of a 
7.28 	sexual psychopathic personality or the fact that a person is a sexually dangerous person 
7.29 	shall not in any case constitute a defense to a charge of crime, nor relieve such person 
7.30 	from liability to be tried upon a criminal charge.
7.31 		Subd. 4.Statewide judicial panel; commitment proceedings. (a) The Supreme 
7.32 	Court may establish a panel of district judges with statewide authority to preside over 
7.33 	commitment proceedings of sexual psychopathic personalities and sexually dangerous 
7.34 	persons. Only one judge of the panel is required to preside over a particular commitment 
7.35 	proceeding. Panel members shall serve for one-year terms. One of the judges shall be 
7.36 	designated as the chief judge of the panel, and is vested with the power to designate the 
8.1 	presiding judge in a particular case, to set the proper venue for the proceedings, and to 
8.2 	otherwise supervise and direct the operation of the panel. The chief judge shall designate 
8.3 	one of the other judges to act as chief judge whenever the chief judge is unable to act.
8.4 	(b) If the Supreme Court creates the judicial panel authorized by this section, all 
8.5 	petitions for civil commitment brought under subdivision 1 section 253D.07 shall be 
8.6 	filed with the supreme court instead of with the district court in the county where the 
8.7 	proposed patient is present, notwithstanding any provision of subdivision 1 to the contrary. 
8.8 	Otherwise, all of the other applicable procedures contained in this chapter and sections 
8.9 	253B.07 and 253B.08 apply to commitment proceedings conducted by a judge on the panel.
8.10 		Subd. 5.Financial responsibility. (a) For purposes of this subdivision, "state 
8.11 	facility" has the meaning given in section 246.50 and also includes a Department of 
8.12 	Corrections facility when the proposed patient committed person is confined in such a 
8.13 	facility pursuant to section 253B.045, subdivision 1a 253D.10, subdivision 2.
8.14 	(b) Notwithstanding sections 246.54, 253B.045 253D.10, and any other law to the 
8.15 	contrary, when a petition is filed for commitment under this section chapter pursuant 
8.16 	to the notice required in section 244.05, subdivision 7, the state and county are each 
8.17 	responsible for 50 percent of the cost of the person's confinement at a state facility or 
8.18 	county jail, prior to commitment.
8.19 	(c) The county shall submit an invoice to the state court administrator for 
8.20 	reimbursement of the state's share of the cost of confinement.
8.21 	(d) Notwithstanding paragraph (b), the state's responsibility for reimbursement is 
8.22 	limited to the amount appropriated for this purpose.
8.23 		Subd. 7.Rights of patients persons committed under this section chapter. (a) 
8.24 	The commissioner or the commissioner's designee may limit the statutory rights described 
8.25 	in paragraph (b) for patients persons committed to the Minnesota sex offender program 
8.26 	under this section chapter or with the commissioner's consent under section 246B.02. The 
8.27 	statutory rights described in paragraph (b) may be limited only as necessary to maintain 
8.28 	a therapeutic environment or the security of the facility or to protect the safety and 
8.29 	well-being of patients committed persons, staff, and the public.
8.30 	(b) The statutory rights that may be limited in accordance with paragraph (a) are 
8.31 	those set forth in section 144.651, subdivision 19, personal privacy; section 144.651, 
8.32 	subdivision 21, private communications; section 144.651, subdivision 22, retain and use 
8.33 	of personal property; section 144.651, subdivision 25, manage personal financial affairs; 
8.34 	section 144.651, subdivision 26, meet with visitors and participate in groups; section 
8.35 	253B.03, subdivision 2, correspond with others; and section 253B.03, subdivision 3, 
9.1 	receive visitors and make telephone calls. Other statutory rights enumerated by sections 
9.2 	144.651 and 253B.03, or any other law, may be limited as provided in those sections.
9.3 		Subd. 8.Petition and report required. (a) Within 120 days of receipt of a 
9.4 	preliminary determination from a court under section 609.1351, or a referral from the 
9.5 	commissioner of corrections pursuant to section 244.05, subdivision 7, a county attorney 
9.6 	shall determine whether good cause under this section 253D.07 exists to file a petition, and 
9.7 	if good cause exists, the county attorney or designee shall file the petition with the court.
9.8 	(b) Failure to meet the requirements of paragraph (a) does not bar filing a petition 
9.9 	under subdivision 1 any time the county attorney determines pursuant to subdivision 1
9.10 	 section 253D.07 that good cause for such a petition exists.
9.11 		Subd. 9.Petition for reduction in custody. (a) This subdivision applies only 
9.12 	to committed persons as defined in paragraph (b) section 253D.02, subdivision 4. The 
9.13 	procedures in subdivision 10 section 253D.14 for victim notification and right to submit 
9.14 	a statement apply to petitions filed and reductions in custody recommended under this 
9.15 	subdivision.
9.16 	(b) As used in this subdivision:
9.17 	(1) "committed person" means an individual committed under this section, or under 
9.18 	this section and under section 253B.18, as mentally ill and dangerous. It does not include 
9.19 	persons committed only as mentally ill and dangerous under section 253B.18; and
9.20 	(2) For the purposes of this section, "reduction in custody" means transfer out of 
9.21 	a secure treatment facility, a provisional discharge, or a discharge from commitment. A 
9.22 	reduction in custody is considered to be a commitment proceeding under section 8.01.
9.23 	(c) A petition for a reduction in custody or an appeal of a revocation of provisional 
9.24 	discharge may be filed by either the committed person or by the head of the treatment 
9.25 	facility executive director and must be filed with and considered by a panel of the special 
9.26 	review board authorized under section 253B.18, subdivision 4c. A committed person may 
9.27 	not petition the special review board any sooner than six months following either:
9.28 	(1) the entry of judgment in the district court of the order for commitment issued 
9.29 	under section 253B.18, subdivision 3 253D.07, subdivision 5, or upon the exhaustion of 
9.30 	all related appeal rights in state court relating to that order, whichever is later; or
9.31 	(2) any recommendation of the special review board or order of the judicial appeal 
9.32 	panel, or upon the exhaustion of all appeal rights in state court, whichever is later. The 
9.33 	head of the treatment facility executive director may petition at any time. The special 
9.34 	review board proceedings are not contested cases as defined in chapter 14.
9.35 	(d) The special review board shall hold a hearing on each petition before issuing 
9.36 	a recommendation and report under paragraph (f) section 253D.30, subdivision 4. 
10.1 	Fourteen days before the hearing, the committing court, the county attorney of the 
10.2 	county of commitment, the designated agency county attorney of the county of financial 
10.3 	responsibility, an interested person, the petitioner and the petitioner's counsel, and the 
10.4 	committed person and the committed person's counsel must be given written notice by the 
10.5 	commissioner of the time and place of the hearing before the special review board. Only 
10.6 	those entitled to statutory notice of the hearing or those administratively required to attend 
10.7 	may be present at the hearing. The patient committed person may designate interested 
10.8 	persons to receive notice by providing the names and addresses to the commissioner at 
10.9 	least 21 days before the hearing.
10.10 	(e) A person or agency receiving notice that submits documentary evidence to 
10.11 	the special review board before the hearing must also provide copies to the committed 
10.12 	person, the committed person's counsel, the county attorney of the county of commitment,
10.13 	 and the case manager, and the commissioner county attorney of the county of financial 
10.14 	responsibility. The special review board must consider any statements received from 
10.15 	victims under subdivision 10 section 253D.14.
10.16 	(f) Within 30 days of the hearing, the special review board shall issue a report with
10.17 	 written findings of fact and shall recommend denial or approval of the petition to the 
10.18 	judicial appeal panel established under section 253B.19. The commissioner shall forward 
10.19 	the recommendation and report of the special review board to the judicial appeal panel 
10.20 	and to every person entitled to statutory notice. No reduction in custody or reversal of a 
10.21 	revocation of provisional discharge recommended by the special review board is effective 
10.22 	until it has been reviewed by the judicial appeal panel and until 15 days after an order 
10.23 	from the judicial appeal panel affirming, modifying, or denying the recommendation.
10.24 		Subd. 10.Victim notification of petition and release; right to submit statement.
 10.25 	(a) As used in this subdivision section:
10.26 	(1) "crime" has the meaning given to "violent crime" in section 609.1095, and 
10.27 	includes criminal sexual conduct in the fifth degree and offenses within the definition of 
10.28 	"crime against the person" in section 253B.02, subdivision 4a, and also includes offenses 
10.29 	listed in section 253B.02, subdivision 7a, paragraph (b), regardless of whether they are 
10.30 	sexually motivated;
10.31 	(2) "victim" means a person who has incurred loss or harm as a result of a crime, 
10.32 	the behavior for which forms the basis for a commitment under this section or section 
10.33 	253B.18 chapter; and
10.34 	(3) "convicted" and "conviction" have the meanings given in section 609.02, 
10.35 	subdivision 5, and also include juvenile court adjudications, findings under Minnesota 
10.36 	Rules of Criminal Procedure, rule 20.02, that the elements of a crime have been proved, 
11.1 	and findings in commitment cases under this section or section 253B.18 chapter, that an 
11.2 	act or acts constituting a crime occurred.
11.3 	(b) A county attorney who files a petition to commit a person under this section
11.4 	 chapter shall make a reasonable effort to provide prompt notice of filing the petition to any 
11.5 	victim of a crime for which the person was convicted. In addition, the county attorney shall 
11.6 	make a reasonable effort to promptly notify the victim of the resolution of the petition.
11.7 	(c) Before provisionally discharging, discharging, granting pass-eligible status, 
11.8 	approving a pass plan, or otherwise permanently or temporarily releasing a person 
11.9 	committed under this section chapter from a treatment facility, the head of the treatment 
11.10 	facility executive director shall make a reasonable effort to notify any victim of a crime 
11.11 	for which the person was convicted that the person may be discharged or released and 
11.12 	that the victim has a right to submit a written statement regarding decisions of the head 
11.13 	of the treatment facility or designee executive director, or special review board, with 
11.14 	respect to the person. To the extent possible, the notice must be provided at least 14 
11.15 	days before any special review board hearing or before a determination on a pass plan. 
11.16 	Notwithstanding section 611A.06, subdivision 4, the commissioner shall provide the 
11.17 	judicial appeal panel with victim information in order to comply with the provisions of 
11.18 	this section. The judicial appeal panel shall ensure that the data on victims remains private 
11.19 	as provided for in section 611A.06, subdivision 4.
11.20 	(d) This subdivision applies only to victims who have requested notification through 
11.21 	the Department of Corrections electronic victim notification system, or by contacting, in 
11.22 	writing, the county attorney in the county where the conviction for the crime occurred 
11.23 	or where the civil commitment was filed or, following commitment, the head of the 
11.24 	treatment facility executive director. A request for notice under this subdivision received 
11.25 	by the commissioner of corrections through the Department of Corrections electronic 
11.26 	victim notification system shall be promptly forwarded to the prosecutorial authority with 
11.27 	jurisdiction over the offense to which the notice relates or, following commitment, the 
11.28 	head of the treatment facility. A county attorney who receives a request for notification 
11.29 	under this paragraph subdivision following commitment shall promptly forward the 
11.30 	request to the commissioner of human services.
11.31 	(e) Rights under this subdivision section are in addition to rights available to a victim 
11.32 	under chapter 611A. This provision does not give a victim all the rights of a "notified 
11.33 	person" or a person "entitled to statutory notice" under subdivision 12 or 13 or section 
11.34 	253B.18, subdivision 4a, 4b, or 5; 253D.23; or 253D.27.
11.35 		Subd. 10a.Scope of community notification. (a) Notification of the public and 
11.36 	disclosure of information under section 244.052, subdivision 4, regarding an individual 
12.1 	who was committed under this section chapter or Minnesota Statutes 1992, section 526.10, 
12.2 	is as provided under section 244.052, subdivision 4, paragraphs (b), clause (3), and (g), and 
12.3 	subdivision 4b, regardless of the individual's assigned risk level. The restrictions under 
12.4 	section 244.052, subdivision 4, paragraph (b), clause (3), placed on disclosing information 
12.5 	on individuals living in residential facilities do not apply to persons committed under this 
12.6 	section or Minnesota Statutes 1992, section 526.10. The local law enforcement agency 
12.7 	may proceed with the broadest disclosure authorized under section 244.052, subdivision 4.
12.8 	(b) After four years from the date of an order for provisional discharge or discharge 
12.9 	of civil commitment, the individual may petition the head of the treatment facility from 
12.10 	which the individual was provisionally discharged or discharged executive director to 
12.11 	have the scope of notification and disclosure based solely upon the individual's assigned 
12.12 	risk level under section 244.052.
12.13 	(c) If an individual's provisional discharge is revoked for any reason, the four-year 
12.14 	time period under paragraph (b) starts over from the date of a subsequent order for 
12.15 	provisional discharge or discharge except that the head of the treatment facility or 
12.16 	designee executive director may, in the that person's sole discretion of the head or 
12.17 	designee, determine that the individual may petition before four years have elapsed from 
12.18 	the date of the order of the subsequent provisional discharge or discharge and notify the 
12.19 	individual of that determination.
12.20 	(d) The head of the treatment facility executive director shall appoint a 
12.21 	multidisciplinary committee to review and make a recommendation on a petition made 
12.22 	under paragraph (b). The head of the treatment facility or designee executive director may 
12.23 	grant or deny the petition. There is no review or appeal of the decision. If a petition is 
12.24 	denied, the individual may petition again after two years from the date of denial.
12.25 	(e) Nothing in this subdivision section shall be construed to give an individual an 
12.26 	affirmative right to petition the head of the treatment facility executive director earlier 
12.27 	than four years after the date of an order for provisional discharge or discharge.
12.28 	(f) The head of the treatment facility executive director shall act in place of the 
12.29 	individual's corrections agent for the purpose of section 244.052, subdivision 3, paragraph 
12.30 	(h), when the individual is not assigned to a corrections agent.
12.31 		Subd. 11.Transfer. (a) A patient person who is committed as a sexually dangerous 
12.32 	person or sexual psychopathic personality shall not be transferred out of a secure treatment 
12.33 	facility unless it appears to the satisfaction of the judicial appeal panel, after a hearing and 
12.34 	recommendation by a majority of the special review board, that the transfer is appropriate. 
12.35 	Transfer may be to other treatment programs under the commissioner's control.
13.1 	(b) The following factors must be considered in determining whether a transfer 
13.2 	is appropriate:
13.3 	(1) the person's clinical progress and present treatment needs;
13.4 	(2) the need for security to accomplish continuing treatment;
13.5 	(3) the need for continued institutionalization;
13.6 	(4) which facility can best meet the person's needs; and
13.7 	(5) whether transfer can be accomplished with a reasonable degree of safety for 
13.8 	the public.
13.9 		Subd. 11a.Transfer; Voluntary readmission to a secure facility. (a) After a 
13.10 	patient committed person has been transferred out of a secure facility pursuant to section 
13.11 	253D.29, subdivision 11 1, and with the consent of the executive director of the Minnesota 
13.12 	sex offender program, a patient committed person may voluntarily return to a secure 
13.13 	facility operated by the Minnesota sex offender program for a period of up to 60 days.
13.14 	(b) If the patient committed person is not returned to the facility to which the patient
13.15 	 person was originally transferred pursuant to section 253D.29, subdivision 11 1, within 
13.16 	60 days of being readmitted to a secure facility, the transfer is revoked and the patient
13.17 	 committed person shall remain in a secure facility. The patient committed person shall 
13.18 	immediately be notified in writing of the revocation.
13.19 	(c) Within 15 days of receiving notice of the revocation, the patient committed 
13.20 	person may petition the special review board for a review of the revocation. The special 
13.21 	review board shall review the circumstances of the revocation and shall recommend to the 
13.22 	judicial appeal panel whether or not the revocation shall be upheld. The special review 
13.23 	board may also recommend a new transfer at the time of the revocation hearing.
13.24 	(d) If the transfer has not been revoked and the patient committed person is to be 
13.25 	returned to the facility to which the patient committed person was originally transferred 
13.26 	pursuant to section 253D.29, subdivision 11 1, with no substantive change to the 
13.27 	conditions of the transfer ordered pursuant to section 253D.29, subdivision 11 1, no action 
13.28 	by the special review board or judicial appeal panel is required.
13.29 		Subd. 11b.Transfer; Revocation. (a) The executive director of the Minnesota sex 
13.30 	offender program or designee may revoke a transfer made pursuant to section 253D.29,
13.31 	 subdivision 11 1, and require a patient committed person to return to a secure treatment 
13.32 	facility if:
13.33 	(1) remaining in a nonsecure setting will not provide a reasonable degree of safety to 
13.34 	the patient committed person or others; or
14.1 	(2) the patient committed person has regressed in clinical progress so that the facility 
14.2 	to which the patient committed person was transferred is no longer sufficient to meet the 
14.3 	patient's committed person's needs.
14.4 	(b) Upon the revocation of the transfer, the patient committed person shall be 
14.5 	immediately returned to a secure treatment facility. A report documenting reasons for 
14.6 	revocation shall be issued by the executive director or designee within seven days after the 
14.7 	patient committed person is returned to the secure treatment facility. Advance notice to 
14.8 	the patient committed person of the revocation is not required.
14.9 	(c) The patient committed person must be provided a copy of the revocation report 
14.10 	and informed, orally and in writing, of the rights of a patient committed person under this 
14.11 	subdivision section. The revocation report shall be served upon the patient committed 
14.12 	person and the patient's committed person's counsel. The report shall outline the specific 
14.13 	reasons for the revocation including, but not limited to, the specific facts upon which 
14.14 	the revocation recommendation is based.
14.15 	(d) A patient committed person whose transfer is revoked must successfully 
14.16 	re-petition the special review board and judicial appeal panel prior to being transferred out 
14.17 	of a secure facility.
14.18 	(e) Any patient committed person aggrieved by a transfer revocation decision may 
14.19 	petition the special review board within seven days, exclusive of Saturdays, Sundays, 
14.20 	and legal holidays, after receipt of the revocation report for a review of the revocation. 
14.21 	The matter shall be scheduled within 30 days. The special review board shall review 
14.22 	the circumstances leading to the revocation and, after considering the factors in section 
14.23 	253D.29, subdivision 11 1, paragraph (b), shall recommend to the judicial appeal panel 
14.24 	whether or not the revocation shall be upheld. The special review board may also 
14.25 	recommend a new transfer out of a secure facility at the time of the revocation hearing.
14.26 		Subd. 12.Provisional discharge Factors. (a) A patient person who is committed as 
14.27 	a sexual psychopathic personality or sexually dangerous person shall not be provisionally 
14.28 	discharged unless it appears to the satisfaction of the judicial appeal panel, after a 
14.29 	hearing and a recommendation by a majority of the special review board, that the patient
14.30 	 committed person is capable of making an acceptable adjustment to open society.
14.31 	(b) The following factors are to be considered in determining whether a provisional 
14.32 	discharge shall be recommended:
14.33 	(1) whether the patient's committed person's course of treatment and present mental 
14.34 	status indicate there is no longer a need for treatment and supervision in the patient's
14.35 	 committed person's current treatment setting; and
15.1 	(2) whether the conditions of the provisional discharge plan will provide a reasonable 
15.2 	degree of protection to the public and will enable the patient committed person to adjust 
15.3 	successfully to the community.
15.4 		Subd. 13.Provisional discharge Plan. A provisional discharge plan shall be 
15.5 	developed, implemented, and monitored by the head of the treatment facility or designee
15.6 	 executive director in conjunction with the patient committed person and other appropriate 
15.7 	persons. The head of the treatment facility or designee executive director shall, at least 
15.8 	quarterly, review the plan with the patient committed person and submit a written report to 
15.9 	the designated agency county attorneys of the county of commitment and the county of 
15.10 	financial responsibility concerning the patient's committed person's status and compliance 
15.11 	with each term of the plan.
15.12 		Subd. 14.Provisional discharge; Review. A provisional discharge pursuant to this 
15.13 	section chapter shall not automatically terminate. A full discharge shall occur only as 
15.14 	provided in subdivision 18 section 253D.31. The commissioner shall notify the patient 
15.15 	that the terms of a provisional discharge continue unless the patient committed person
15.16 	 requests and is granted a change in the conditions of provisional discharge or unless the 
15.17 	patient committed person petitions the special review board for a full discharge and the 
15.18 	discharge is granted by the judicial appeal panel.
15.19 		Subd. 14a.Provisional discharge; Voluntary readmission. (a) With the consent 
15.20 	of the executive director of the Minnesota sex offender program, a patient committed 
15.21 	person may voluntarily return to the Minnesota sex offender program from provisional 
15.22 	discharge for a period of up to 60 days.
15.23 	(b) If the patient committed person is not returned to provisional discharge status 
15.24 	within 60 days of being readmitted to the Minnesota sex offender program, the provisional 
15.25 	discharge is revoked. The patient committed person shall immediately be notified of the 
15.26 	revocation in writing. Within 15 days of receiving notice of the revocation, the patient
15.27 	 committed person may request a review of the matter before the special review board. The 
15.28 	special review board shall review the circumstances of the revocation and, after applying 
15.29 	the standards in section 253D.30, subdivision 15 5, paragraph (a), shall recommend to 
15.30 	the judicial appeal panel whether or not the revocation shall be upheld. The board may 
15.31 	recommend a return to provisional discharge status.
15.32 	(c) If the provisional discharge has not been revoked and the patient committed 
15.33 	person is to be returned to provisional discharge, the Minnesota sex offender program is 
15.34 	not required to petition for a further review by the special review board unless the patient's
15.35 	 committed person's return to the community results in substantive change to the existing 
15.36 	provisional discharge plan.
16.1 		Subd. 15.Provisional discharge; Revocation. (a) The head of the treatment 
16.2 	facility executive director may revoke a provisional discharge if either of the following 
16.3 	grounds exist:
16.4 	(1) the patient committed person has departed from the conditions of the provisional 
16.5 	discharge plan; or
16.6 	(2) the patient committed person is exhibiting behavior which may be dangerous to 
16.7 	self or others.
16.8 	(b) The head of the treatment facility executive director may revoke the provisional 
16.9 	discharge and, either orally or in writing, order that the patient committed person be 
16.10 	immediately returned to the a Minnesota sex offender program treatment facility. A report 
16.11 	documenting reasons for revocation shall be issued by the head of the treatment facility
16.12 	 executive director within seven days after the patient committed person is returned to the 
16.13 	treatment facility. Advance notice to the patient committed person of the revocation 
16.14 	is not required.
16.15 	(c) The patient committed person must be provided a copy of the revocation report 
16.16 	and informed, orally and in writing, of the rights of a patient committed person under this 
16.17 	section. The revocation report shall be served upon the patient committed person, the 
16.18 	patient's committed person's counsel, and the designated agency county attorneys of the 
16.19 	county of commitment and the county of financial responsibility. The report shall outline 
16.20 	the specific reasons for the revocation, including but not limited to the specific facts upon 
16.21 	which the revocation recommendation is based.
16.22 	(d) An individual who is revoked from provisional discharge must successfully 
16.23 	re-petition the special review board and judicial appeal panel prior to being placed back 
16.24 	on provisional discharge.
16.25 		Subd. 16.Return of absent patient person. (a) If a patient committed person is 
16.26 	absent without authorization, including failure to return to the custody of the Minnesota 
16.27 	sex offender program upon the revocation of a provisional discharge, the head of the 
16.28 	treatment facility or designee executive director shall report the absence to the local law 
16.29 	enforcement agency. The head of the treatment facility executive director shall inform the 
16.30 	committing court of the revocation or absence, and the committing court or other district 
16.31 	court shall issue an order for the apprehension and holding of the patient committed 
16.32 	person by a peace officer in any jurisdiction and transportation of the patient committed 
16.33 	person to a facility operated by the Minnesota sex offender program or otherwise returned 
16.34 	to the custody of the Minnesota sex offender program.
16.35 	(b) An employee of the Department of Human Services may apprehend, detain, or 
16.36 	transport an absent patient committed person at anytime any time. The immunity provided 
17.1 	under section 253B.23, subdivision 4, applies to the apprehension, detention, and transport 
17.2 	of an absent patient committed person.
17.3 	(c) Upon receiving either the report or the apprehend and hold order in paragraph 
17.4 	(a), a law enforcement agency shall enter information on the patient committed person
17.5 	 into the missing persons file of the National Crime Information Center database according 
17.6 	to the missing persons practices. Where probable cause exists of a violation of section 
17.7 	609.485, a law enforcement agency shall also seek a felony arrest warrant and enter the 
17.8 	warrant in the National Crime Information Center database.
17.9 	(d) For the purposes of ensuring public safety and the apprehension of an absent 
17.10 	patient committed person, and notwithstanding state and federal data privacy laws, the 
17.11 	Minnesota sex offender program shall disclose information about the absent patient
17.12 	 committed person relevant to the patient's person's apprehension and return to law 
17.13 	enforcement agencies where the absent patient committed person is likely to be located or 
17.14 	likely to travel through and to agencies with statewide jurisdiction.
17.15 	(e) Upon receiving either the report or the apprehend and hold order in paragraph 
17.16 	(a), a patient committed person shall be apprehended and held by a peace officer in any 
17.17 	jurisdiction pending return to a facility operated by the Minnesota sex offender program or 
17.18 	otherwise returned to the custody of the Minnesota sex offender program.
17.19 	(f) A patient committed person detained solely under this subdivision may be held in 
17.20 	a jail or lockup only if:
17.21 	(1) there is no other feasible place of detention for the patient person;
17.22 	(2) the detention is for less than 24 hours; and
17.23 	(3) there are protections in place, including segregation of the patient person, to 
17.24 	ensure the safety of the patient person.
17.25 	These limitations do not apply to a patient committed person being held for criminal 
17.26 	prosecution, including for violation of section 609.485.
17.27 	(g) If a patient committed person is detained under this subdivision section, the 
17.28 	Minnesota sex offender program shall arrange to pick up the patient person within 24 hours 
17.29 	of the time detention was begun and shall be responsible for securing transportation for the 
17.30 	patient person to a facility operated by the Minnesota sex offender program, as determined 
17.31 	by its the executive director. The expense of detaining and transporting a patient
17.32 	 committed person shall be the responsibility of the Minnesota sex offender program.
17.33 	(h) Immediately after an absent patient committed person is apprehended, the 
17.34 	Minnesota sex offender program or the law enforcement agency that apprehended or 
17.35 	returned the absent patient committed person shall notify the law enforcement agency 
17.36 	that first received the absent patient committed person report under this subdivision
18.1 	 section, and that agency shall cancel the missing persons entry from the National Crime 
18.2 	Information Center computer.
18.3 		Subd. 17.Appeal. Any patient committed person aggrieved by a revocation 
18.4 	decision or any interested person may petition the special review board within seven 
18.5 	days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of the revocation 
18.6 	report for a review of the revocation. The matter shall be scheduled within 30 days. The 
18.7 	special review board shall review the circumstances leading to the revocation and shall 
18.8 	recommend to the judicial appeal panel whether or not the revocation shall be upheld. 
18.9 	The special review board may also recommend a new provisional discharge at the time 
18.10 	of the revocation hearing.
18.11 		Subd. 18.Discharge. A patient person who is committed as a sexual psychopathic 
18.12 	personality or sexually dangerous person shall not be discharged unless it appears to the 
18.13 	satisfaction of the judicial appeal panel, after a hearing and recommendation by a majority 
18.14 	of the special review board, that the patient committed person is capable of making an 
18.15 	acceptable adjustment to open society, is no longer dangerous to the public, and is no 
18.16 	longer in need of inpatient treatment and supervision.
18.17 	In determining whether a discharge shall be recommended, the special review board 
18.18 	and judicial appeal panel shall consider whether specific conditions exist to provide a 
18.19 	reasonable degree of protection to the public and to assist the patient committed person
18.20 	 in adjusting to the community. If the desired conditions do not exist, the discharge shall 
18.21 	not be granted.
18.22 		Subd. 19.Aftercare services. (a) The Minnesota sex offender program shall 
18.23 	provide the supervision, aftercare, and case management services for a person under
18.24 	 provisionally discharged or discharged from commitment as a sexual psychopathic 
18.25 	personalities and personality or sexually dangerous persons discharged after July 1, 1999
18.26 	 person. The designated agency, as defined in section 253B.02, subdivision 5, shall assist 
18.27 	with client eligibility for public welfare benefits and will provide those services that are 
18.28 	currently available exclusively through county government.
18.29 	(b) Prior to the date of discharge or provisional discharge of any patient person
18.30 	 committed as a sexual psychopathic personality or sexually dangerous person, the head of 
18.31 	the treatment facility or designee executive director shall establish a continuing plan of 
18.32 	aftercare services for the patient person, including a plan for medical and behavioral health 
18.33 	services, financial sustainability, housing, social supports, or other assistance the patient
18.34 	 person needs. The Minnesota sex offender program shall provide case management 
18.35 	services and shall assist the patient person in finding employment, suitable shelter, and 
19.1 	adequate medical and behavioral health services and otherwise assist in the patient's
19.2 	 person's readjustment to the community.

19.3 	Sec. 8. Minnesota Statutes 2012, section 253B.19, subdivision 2, is amended to read:
19.4 		Subd. 2.Petition; hearing. (a) A person committed as mentally ill and dangerous 
19.5 	to the public under section 253B.18, or the county attorney of the county from which the 
19.6 	person was committed or the county of financial responsibility, may petition the judicial 
19.7 	appeal panel for a rehearing and reconsideration of a decision by the commissioner under 
19.8 	section 253B.18, subdivision 5. The judicial appeal panel must not consider petitions for 
19.9 	relief other than those considered by the commissioner from which the appeal is taken. 
19.10 	The petition must be filed with the Supreme Court within 30 days after the decision of 
19.11 	the commissioner is signed. The hearing must be held within 45 days of the filing of the 
19.12 	petition unless an extension is granted for good cause.
19.13 	(b) A person committed as a sexual psychopathic personality or as a sexually 
19.14 	dangerous person under section 253B.185, or committed as both mentally ill and 
19.15 	dangerous to the public under section 253B.18 and as a sexual psychopathic personality or 
19.16 	as a sexually dangerous person under section 253B.185; the county attorney of the county 
19.17 	from which the person was committed or the county of financial responsibility; or the 
19.18 	commissioner may petition the judicial appeal panel for a rehearing and reconsideration 
19.19 	of a decision of the special review board under section 253B.185, subdivision 9. The 
19.20 	petition must be filed with the Supreme Court within 30 days after the decision is mailed 
19.21 	by the commissioner as required in section 253B.185, subdivision 9, paragraph (f). The 
19.22 	hearing must be held within 180 days of the filing of the petition unless an extension is 
19.23 	granted for good cause. If no party petitions the judicial appeal panel for a rehearing 
19.24 	or reconsideration within 30 days, the judicial appeal panel shall either issue an order 
19.25 	adopting the recommendations of the special review board or set the matter on for a 
19.26 	hearing pursuant to this paragraph.
19.27 	(c) For an appeal under paragraph (a) or (b) section 253D.28, the Supreme Court 
19.28 	shall refer the petition to the chief judge of the judicial appeal panel. The chief judge 
19.29 	shall notify the patient, the county attorney of the county of commitment, the designated 
19.30 	agency, the commissioner, the head of the treatment facility, any interested person, and 
19.31 	other persons the chief judge designates, of the time and place of the hearing on the 
19.32 	petition. The notice shall be given at least 14 days prior to the date of the hearing.
19.33 	(d) (c) Any person may oppose the petition. The patient, the patient's counsel, the 
19.34 	county attorney of the committing county or the county of financial responsibility, and the 
19.35 	commissioner shall participate as parties to the proceeding pending before the judicial 
20.1 	appeal panel and shall, except when the patient is committed solely as mentally ill and 
20.2 	dangerous, no later than 20 days before the hearing on the petition, inform the judicial 
20.3 	appeal panel and the opposing party in writing whether they support or oppose the petition 
20.4 	and provide a summary of facts in support of their position. The judicial appeal panel may 
20.5 	appoint examiners and may adjourn the hearing from time to time. It shall hear and receive 
20.6 	all relevant testimony and evidence and make a record of all proceedings. The patient, 
20.7 	the patient's counsel, and the county attorney of the committing county or the county of 
20.8 	financial responsibility have the right to be present and may present and cross-examine all 
20.9 	witnesses and offer a factual and legal basis in support of their positions. The petitioning 
20.10 	party seeking discharge or provisional discharge bears the burden of going forward with 
20.11 	the evidence, which means presenting a prima facie case with competent evidence to show 
20.12 	that the person is entitled to the requested relief. If the petitioning party has met this 
20.13 	burden, the party opposing discharge or provisional discharge bears the burden of proof 
20.14 	by clear and convincing evidence that the discharge or provisional discharge should be 
20.15 	denied. A party seeking transfer under section 253B.18, subdivision 6, or 253B.185, 
20.16 	subdivision 11 253D.29, subdivision 1, must establish by a preponderance of the evidence 
20.17 	that the transfer is appropriate.

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

20.21 	Sec. 10. [253D.02] DEFINITIONS.
20.22 		Subdivision 1.Scope. For the purposes of this chapter, the terms defined in this 
20.23 	section have the meanings given them.
20.24 		Subd. 2.Commissioner. "Commissioner" means the commissioner of human 
20.25 	services or the commissioner's designee.
20.26 		Subd. 3.Committed person. "Committed person" means an individual committed 
20.27 	under this chapter, or under this chapter and under section 253B.18, as mentally ill and 
20.28 	dangerous. It does not include persons committed only as mentally ill and dangerous under 
20.29 	section 253B.18. It includes individuals described in section 246B.01, subdivision 1a.
20.30 		Subd. 4.Committing court. "Committing court" means the district court where 
20.31 	a petition for commitment was decided.
20.32 		Subd. 5.Executive director. "Executive director" has the same meaning as in 
20.33 	section 246B.01, subdivision 2c.
21.1 		Subd. 6.Secure treatment facility. "Secure treatment facility" means the 
21.2 	Minnesota sex offender program facility in Moose Lake and any portion of the Minnesota 
21.3 	sex offender program operated by the Minnesota sex offender program at the Minnesota 
21.4 	Security Hospital, but does not include services or programs administered by the 
21.5 	Minnesota sex offender program outside a secure environment.

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

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

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

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

21.18 	Sec. 15. [253D.20] RIGHT TO COUNSEL.
21.19 	A committed person has the right to be represented by counsel at any proceeding 
21.20 	under this chapter. The court shall appoint a qualified attorney to represent the committed 
21.21 	person if neither the committed person nor others provide counsel. The attorney shall 
21.22 	be appointed at the time a petition for commitment is filed. In all proceedings under 
21.23 	this chapter, the attorney shall:
21.24 	(1) consult with the person prior to any hearing;
21.25 	(2) be given adequate time and access to records to prepare for all hearings;
21.26 	(3) continue to represent the person throughout any proceedings under this chapter 
21.27 	unless released as counsel by the court; and
21.28 	(4) be a vigorous advocate on behalf of the person.

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

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

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

23.24 	Sec. 19. [253D.36] DISCHARGE; ADMINISTRATIVE PROCEDURES.
23.25 	Upon discharge from commitment under this chapter, administrative procedures 
23.26 	shall be carried out under section 253B.20.

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

23.30 	Sec. 21. CONSTRUCTION.
 23.31 	Nothing in this act shall be construed to create grounds for relief or a cause of 
23.32 	action for persons previously committed under Minnesota Statutes, chapter 253B, or its 
23.33 	predecessors.

24.1 	Sec. 22. REVISOR'S INSTRUCTION.
 24.2 	The revisor of statutes shall renumber each section of Minnesota Statutes listed in 
24.3 	column A with the number listed in column B. The revisor shall also make necessary 
24.4 	cross-reference changes consistent with the renumbering.

24.5	Column A
	Column B
	
24.6	253B.02, subd. 7a
	253D.02, subd. 7
	
24.7	253B.02, subd. 18b
	253D.02, subd. 11
	
24.8	253B.02, subd. 18c
	253D.02, subd. 12
	
24.9	253B.02, subd. 24
	253D.02, subd. 2
	
24.10	253B.02, subd. 25
	253D.02, subd. 8
	
24.11	253B.02, subd. 26
	253D.02, subd. 10
	
24.12	253B.03, subd. 1a
	253D.18
	
24.13	253B.045, subd. 1a
	253D.10, subd. 2
	
24.14	253B.185, subd. 1, paragraph (a)
	253D.07, subd. 1
	
24.15	253B.185, subd. 1, paragraph (b)
	253D.07, subd. 2
	
24.16	253B.185, subd. 1, paragraph (c)
	253D.07, subd. 3
	
24.17	253B.185, subd. 1, paragraph (d)
	253D.07, subd. 4
	
24.18	253B.185, subd. 1a
	253D.10, subd. 1
	
24.19	253B.185, subd. 1b
	253D.08
	
24.20	253B.185, subd. 2
	253D.22
	
24.21	253B.185, subd. 3
	253D.07, subd. 5
	
24.22	253B.185, subd. 4, paragraph (a)
	253D.11, subd. 1
	
24.23	253B.185, subd. 4, paragraph (b)
	253D.11, subd. 2
	
24.24	253B.185, subd. 5, paragraph (a)
	253D.12, subd. 1
	
24.25	253B.185, subd. 5, paragraph (b)
	253D.12, subd. 2
	
24.26	253B.185, subd. 5, paragraph (c)
	253D.12, subd. 3
	
24.27	253B.185, subd. 5, paragraph (d)
	253D.12, subd. 4
	
24.28	253B.185, subd. 7, paragraph (a)
	253D.19, subd. 1
	
24.29	253B.185, subd. 7, paragraph (b)
	253D.19, subd. 2
	
24.30	253B.185, subd. 8
	253D.09
	
24.31	253B.185, subd. 9, paragraph (a)
	253D.27, subd. 1, paragraph (a)
	
24.32	253B.185, subd. 9, paragraph (b)
	253D.27, subd. 1, paragraph (b)
	
24.33	253B.185, subd. 9, paragraph (c)
	253D.27, subd. 2
	
24.34	253B.185, subd. 9, paragraph (d)
	253D.27, subd. 3, paragraph (a)
	
24.35	253B.185, subd. 9, paragraph (e)
	253D.27, subd. 3, paragraph (b)
	
24.36	253B.185, subd. 9, paragraph (f)
	253D.30, subd. 4
	
24.37	253B.185, subd. 10, paragraph (a)
	253D.14, subd. 1
	
24.38	253B.185, subd. 10, paragraph (b)
	253D.14, subd. 2
	
24.39	253B.185, subd. 10, paragraph (c)
	253D.14, subd. 3
	
24.40	253B.185, subd. 10, paragraph (d)
	253D.14, subd. 4
	
24.41	253B.185, subd. 10, paragraph (e)
	253D.14, subd. 5
	
24.42	253B.185, subd. 10a, paragraph (a)
	253D.32, subd. 1
	
24.43	253B.185, subd. 10a, paragraph (b)
	253D.32, subd. 2, paragraph (a)
	
25.1	253B.185, subd. 10a, paragraph (c)
	253D.32, subd. 2, paragraph (b)
	
25.2	253B.185, subd. 10a, paragraph (d)
	253D.32, subd. 2, paragraph (c)
	
25.3	253B.185, subd. 10a, paragraph (e)
	253D.32, subd. 2, paragraph (d)
	
25.4	253B.185, subd. 10a, paragraph (f)
	253D.32, subd. 3
	
25.5	253B.185, subd. 11
	253D.29, subd. 1
	
25.6	253B.185, subd. 11a
	253D.29, subd. 2
	
25.7	253B.185, subd. 11b
	253D.29, subd. 3
	
25.8	253B.185, subd. 12
	253D.30, subd. 1
	
25.9	253B.185, subd. 13
	253D.30, subd. 2
	
25.10	253B.185, subd. 14
	253D.30, subd. 3
	
25.11	253B.185, subd. 14a
	253D.30, subd. 4
	
25.12	253B.185, subd. 15
	253D.30, subd. 5
	
25.13	253B.185, subd. 16, paragraph (a)
	253D.24, subd. 1
	
25.14	253B.185, subd. 16, paragraph (b)
	253D.24, subd. 2
	
25.15	253B.185, subd. 16, paragraph (c)
	253D.24, subd. 3
	
25.16	253B.185, subd. 16, paragraph (d)
	253D.24, subd. 4
	
25.17	253B.185, subd. 16, paragraph (e)
	253D.24, subd. 5
	
25.18	253B.185, subd. 16, paragraph (f)
	253D.24, subd. 6
	
25.19	253B.185, subd. 16, paragraph (g)
	253D.24, subd. 7
	
25.20	253B.185, subd. 16, paragraph (h)
	253D.24, subd. 8
	
25.21	253B.185, subd. 17
	253D.30, subd. 6
	
25.22	253B.185, subd. 18
	253D.31
	
25.23	253B.185, subd. 19, paragraph (a)
	253D.35, subd. 1
	
25.24	253B.185, subd. 19, paragraph (b)
	253D.35, subd. 2
	
25.25	253D.02, subd. 2
	253D.02, subd. 3
	
25.26	253D.02, subd. 3
	253D.02, subd. 4
	
25.27	253D.02, subd. 4
	253D.02, subd. 5
	
25.28	253D.02, subd. 5
	253D.02, subd. 6
	
25.29	253D.02, subd. 6
	253D.02, subd. 9