Minn. Stat. § 253D.01
Citation
This chapter may be cited as the "Minnesota Commitment and Treatment Act: Sexually Dangerous Persons and Sexual Psychopathic Personalities."
Minnesota Statutes Chapter 253D — Civil Commitment and Treatment of Sex Offenders
Minnesota · statute · Minn. Stat. ch. 253D · 28 active provisions
Minn. Stat. § 253D.02
Definitions
Subdivision 1. Scope. For the purposes of this chapter, the terms defined in this section have the meanings given them. Subd. 2. Administrative restriction. "Administrative restriction" means any measure utilized by the executive board to maintain safety and security, protect possible evidence, and prevent the continua…
Minn. Stat. § 253D.03
General Provisions
The provisions of section 253B.23 apply to commitments under this chapter except where inconsistent with this chapter.
Minn. Stat. § 253D.04
Review Board
The executive board shall establish a review board under section 253B.22 for facilities of the Minnesota Sex Offender Program.
Minn. Stat. § 253D.07
Proceedings
Subdivision 1. Commitment generally. Before commitment proceedings are instituted, the facts shall first be submitted to the county attorney, who, if satisfied that good cause exists, will prepare the petition. The county attorney may request a prepetition screening report. The petition is to be executed by a person ha…
Minn. Stat. § 253D.08
County Attorney Access to Data
Notwithstanding sections 144.291 to 144.298; 245.467, subdivision 6; 245.4876, subdivision 7; 260B.171; 260B.235, subdivision 8; 260C.171; and 609.749, subdivision 6, or any provision of chapter 13 or other state law, prior to filing a petition for commitment of a sexually dangerous person or a person with a sexual psy…
Minn. Stat. § 253D.09
Petition Required
(a) Within 120 days of receipt of a preliminary determination from a court under section 609.1351, or a referral from the commissioner of corrections pursuant to section 244.05, subdivision 7, a county attorney shall determine whether good cause under section 253D.07 exists to file a petition, and if good cause exists,…
Minn. Stat. § 253D.10
Temporary Confinement
Subdivision 1. Jails. During any hearing held under this chapter, or pending revocation of a provisional discharge, the court may order the committed person or proposed committed person temporarily confined in a jail or lockup but only if: (1) there is no other feasible place of confinement for the person within a reas…
Minn. Stat. § 253D.11
Statewide Judicial Panel
Subdivision 1. Establishment. The supreme court may establish a panel of district judges with statewide authority to preside over commitment proceedings of sexually dangerous persons or persons with sexual psychopathic personalities. Only one judge of the panel is required to preside over a particular commitment procee…
Minn. Stat. § 253D.12
Financial Responsibility
Subdivision 1. State facility. For purposes of this section, "state facility" has the meaning given in section 246.50 and also includes a Department of Corrections facility when the respondent is confined in such a facility pursuant to section 253D.10, subdivision 2. Subd. 2. Share of cost of confinement. Notwithstandi…
Minn. Stat. § 253D.13
Procedures upon Commitment
Upon commitment under this chapter, admission procedures shall be carried out under section 253B.10.
Minn. Stat. § 253D.14
Victim Notification of Petition and Release; Right to Submit Statement
Subdivision 1. Definitions. As used in this section: (1) "crime" has the meaning given to "violent crime" in section 609.1095, and includes criminal sexual conduct in the fifth degree and offenses within the definition of "crime against the person" in section 253B.02, subdivision 4e, and also includes offenses listed i…
Minn. Stat. § 253D.17
Rights of Committed Persons; Generally
Persons committed under this chapter have the rights described in section 253B.03, except as limited under section 253D.19.
Minn. Stat. § 253D.18
Administrative Restriction
(a) A committed person has the right to be free from unnecessary or excessive administrative restriction. Administrative restriction shall not be used for the convenience of staff, for retaliation for filing complaints, or as a substitute for program treatment. Administrative restriction may not involve any further dep…
Minn. Stat. § 253D.19
Rights of Persons Committed Under This Chapter
Subdivision 1. Limited rights. The executive board may limit the statutory rights described in subdivision 2 for persons committed to the Minnesota Sex Offender Program under this chapter or with the executive board's consent under section 246C.13. The statutory rights described in subdivision 2 may be limited only as…
Minn. Stat. § 253D.20
Right to Counsel
A committed person has the right to be represented by counsel at any proceeding under this chapter. The court shall appoint a qualified attorney to represent the committed person if neither the committed person nor others provide counsel. The attorney shall be appointed at the time a petition for commitment is filed. I…
Minn. Stat. § 253D.21
Neuroleptic Medication
Neuroleptic medications may be administered to a person committed under this chapter only as provided in section 253B.092.
Minn. Stat. § 253D.22
Transfer to Correctional Facility
(a) If a person has been committed under this chapter and later is committed to the custody of the commissioner of corrections for any reason, including but not limited to, being sentenced for a crime or revocation of the person's supervised release or conditional release under section 244.05; 609.3455, subdivision 6,…
Minn. Stat. § 253D.23
Passes
A committed person may be released on a pass only as provided by section 253B.18, subdivisions 4a and 4b.
Minn. Stat. § 253D.24
Return of Absent Person
Subdivision 1. Absent person report. If a committed person is absent without authorization, including failure to return to the custody of the Minnesota Sex Offender Program upon the revocation of a provisional discharge, the executive director shall report the absence to the local law enforcement agency. The executive…
Minn. Stat. § 253D.27
Petition for Reduction in Custody
Subdivision 1. Victim notification. (a) This section applies only to committed persons as defined in section 253D.02, subdivision 4. The procedures in section 253D.14 for victim notification and right to submit a statement apply to petitions filed and reductions in custody recommended under this section. (b) For the pu…
Minn. Stat. § 253D.28
Judicial Appeal Panel
Subdivision 1. Rehearing and reconsideration. (a) A person committed as a sexually dangerous person or a person with a sexual psychopathic personality under this chapter, or committed as both mentally ill and dangerous to the public under section 253B.18 and as a sexually dangerous person or a person with a sexual psyc…
Minn. Stat. § 253D.29
Transfer
Subdivision 1. Factors. (a) A person who is committed as a sexually dangerous person or a person with a sexual psychopathic personality shall not be transferred out of a secure treatment facility unless the transfer is appropriate. Transfer may be to a facility under the control of the executive board. (b) The followin…
Minn. Stat. § 253D.30
Provisional Discharge
Subdivision 1. Factors. (a) A person who is committed as a sexually dangerous person or a person with a sexual psychopathic personality shall not be provisionally discharged unless the committed person is capable of making an acceptable adjustment to open society. (b) The following factors are to be considered in deter…
Minn. Stat. § 253D.31
Discharge
A person who is committed as a sexually dangerous person or a person with a sexual psychopathic personality shall not be discharged unless it appears to the satisfaction of the judicial appeal panel, after a hearing and recommendation by a majority of the special review board, that the committed person is capable of ma…
Page 1 of 2Next →