Section 1 (244.05, subdivision 7) amends the criminal sentences chapter of law, by inserting a     cross-reference to the new sex offender civil commitment petition screening panel established in Minnesota Statutes, section 253B.184 (Section 8), and requires the Commissioner of Corrections to forward a determination that a petition for civil commitment under the Sexual Psychopathic Personality (SPP) law may be appropriate for an offender who is being released from prison to the newly established panel, instead of the county attorney.

            Sections 2 to 4 modify the Minnesota Sex Offender Program (MSOP).

Section 2 (246B.10) requires the county of liability to pay five percent of the cost of housing, treatment, and supervision for individuals who have a stay of commitment under the SPP law, or who have been placed in an alternative facility under section 246B.20.  The county shall pay 25 percent of the costs of patients who do not have a conviction as an adult for a sex offense.

Section 3 (246B.20) requires the Commissioner of Human Services to identify existing alternative settings to which certain civilly committed sex offenders can be transferred, provisionally discharged, or placed following commitment.  If existing facilities are inadequate, the commissioner is required to develop alternative facilities, and operate those facilities.

Section 4 (246B.30) allows the head of MSOP to exercise the authority to file a petition for a reduction in custody on behalf of an individual who is in the MSOP alternative program or assisted living unit.

            Sections 5 to 12 amend the Civil Commitment Act.

Sections 5 and 6 (253B.095, subdivision 1; 253B.095, subdivision 2) clarify that if a petition is brought under the SPP law, the patient must be released to the custody of the Commissioner of Human Services for treatment at MSOP.

Section 7 (263B.095, subdivision 3) provides that petitions under the SPP law may be stayed for an indeterminate period of time.

Section 8 (253B.184) establishes the sex offender civil commitment screening panel.  The panel is comprised of five members, and is responsible for reviewing preliminary determinations made by the Commissioner of Corrections that a petition under the SPP law may be appropriate.  The panel makes the final determination as to whether the county attorney may proceed with a petition under the SPP law.

Section 9 (253B.185, subdivision 1) provides that the county attorney must not prepare a petition for commitment under the SPP law if the civil commitment screening panel has determined that the county attorney must not proceed with the petition.  A petition that is prepared must be filed with the Supreme Court for referral to the statewide judicial panel. If the proposed patient qualifies for an alternative facility placement under section 253B.185, subdivision 1c (Section 10), the petition must include a statement to this effect and request the court to order an evaluation of the patient.

Section 10 (253B.185, subdivision 1c) establishes the threshold for placement in the alternative facility placement.  This subdivision applies to proposed patients who are diagnosed as having a cognitive defect that may affect the patient’s ability to effectively participate in, or benefit from, a traditional treatment program in a secure facility or who, because of advanced age or physical disability, could be managed in an alternative treatment facility or program.

Section 11 (253B.185, subdivision 4) requires the Supreme Court to establish a panel of district judges with statewide authority to preside over SPP commitment proceedings.

Section 12 (253B.185, subdivision 8) inserts a cross-reference to the sex offender civil commitment screening panel.

JW:rer