Section 253D.01 — Citation.
253D.01 CITATION. This chapter may be cited as the “Minnesota Commitment and Treatment Act: Sexually Dangerous Persons and Sexual Psychopathic Personalities.” History: 2013 c 49 s 9
Section 253D.02 — Definitions.
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 commissioner to maintain safety and security, protect possible evidence, and prevent the continuation of suspected criminal acts. Administrative restriction does not […]
Section 253D.03 — General Provisions.
253D.03 GENERAL PROVISIONS. The provisions of section 253B.23 apply to commitments under this chapter except where inconsistent with this chapter. History: 2013 c 49 s 11
Section 253D.04 — Review Board.
253D.04 REVIEW BOARD. The commissioner shall establish a review board under section 253B.22 for facilities of the Minnesota Sex Offender Program. History: 2013 c 49 s 12
Section 253D.07 — Proceedings.
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 having knowledge of the facts […]
Section 253D.08 — County Attorney Access To Data.
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 psychopathic […]
Section 253D.09 — Petition Required.
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, the […]
Section 253D.10 — Temporary Confinement.
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 […]
Section 253D.11 — Statewide Judicial Panel.
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 proceeding. Panel members shall serve for […]
Section 253D.12 — Financial Responsibility.
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. Notwithstanding sections 246.54, 253D.10, […]
Section 253D.13 — Procedures Upon Commitment.
253D.13 PROCEDURES UPON COMMITMENT. Upon commitment under this chapter, admission procedures shall be carried out under section 253B.10. History: 2013 c 49 s 13
Section 253D.14 — Victim Notification Of Petition And Release; Right To Submit Statement.
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, […]
Section 253D.17 — Rights Of Committed Persons; Generally.
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. History: 2013 c 49 s 14
Section 253D.18 — Administrative Restriction.
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 deprivation of privileges than is necessary. […]
Section 253D.19 — Rights Of Persons Committed Under This Chapter.
253D.19 RIGHTS OF PERSONS COMMITTED UNDER THIS CHAPTER. Subdivision 1. Limited rights. The commissioner may limit the statutory rights described in subdivision 2 for persons committed to the Minnesota Sex Offender Program under this chapter or with the commissioner’s consent under section 246B.02. The statutory rights described in subdivision 2 may be limited only as […]
Section 253D.20 — Right To Counsel.
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 […]
Section 253D.21 — Neuroleptic Medication.
253D.21 NEUROLEPTIC MEDICATION. Neuroleptic medications may be administered to a person committed under this chapter only as provided in section 253B.092. History: 2013 c 49 s 16
Section 253D.22 — Transfer To Correctional Facility.
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 […]
Section 253D.23 — Passes.
253D.23 PASSES. A committed person may be released on a pass only as provided by section 253B.18, subdivisions 4a and 4b. History: 2013 c 49 s 17
Section 253D.24 — Return Of Absent Person.
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 director shall […]