ARTICLE 1: STRICT AND INTENSIVE SUPERVISION AND TREATMENT; COMMISSIONER OF HUMAN SERVICES AND COUNTY DUTIES
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Requires Commissioner of Human Services to ensure a regimen of treatment that provides strict and intensive supervision and treatment (SIST) for persons civilly committed as a sexually dangerous person or person with a sexual psychopathic personality. The SIST must meet public safety requirements specified by the Commissioners of Human Services, Public Safety, and Corrections, and ensure the safety of the public while meeting the treatment needs of the civilly committed population.
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Requires counties to determine the demand for a range of housing options for persons committed as a sexually dangerous person or a person with a sexual psychopathic personality, based on county’s commitments in the previous ten years. The county must ensure that housing is available and reevaluate housing capacity and demand annually, or more often if necessary, to ensure an adequate range of housing options are available in the county.
ARTICLE 2: CIVIL COMMITMENT MODIFICATIONS
Article 2 makes the following major changes related to the civil commitment of sex offenders.
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County contribution to cost of care (section 3)
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Clarifies the liability of the county to pay a portion of the cost of care. Current law requires county to pay for committed patients in one of the MSOP “facilities,” which are located in Moose Lake and St. Peter. The new language would require the county to contribute to the cost of care for committed patients who are treated outside of the facilities, for example, persons committed to SIST or on provisional discharge. The county contribution is 25 percent of the cost of care.
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Statewide screening unit (sections 9 and 10)
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Establishes statewide, centralized screening unit that will develop and implement a comprehensive assessment process to evaluate sex offenders, determine whether they meet criteria for commitment, and make recommendations regarding initial and ongoing placement and treatment.
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Bifurcated hearing process (sections 11 and 12)
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Amends commitment law to create bifurcated hearing process. First phase will determine whether person is a sexually dangerous person or sexual psychopathic personality. If so, second phase will determine appropriate placement (secure treatment facility or strict and intensive supervision and treatment). Require a specific plan and established standards and conditions for SIST.
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Panel of district judges with statewide jurisdiction (section 15)
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Requires Supreme Court to establish a panel of district court judges with statewide jurisdiction to preside over sex offender civil commitment proceedings. This is authorized under current law but has not been implemented.
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Sex offender civil commitment defense office (section 19)
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Establishes a statewide office to approve and administer a panel of qualified defense counsel for sex offender civil commitment proceedings.
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Biennial review of civilly committed sex offenders (section 21)
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Requires biennial review of sex offender commitments, including recommendations regarding continued commitment, placement, and treatment. Under current law, the committed person or head of the treatment facility may bring a petition for a reduction in custody but there is not a regular, automatic review process.
ARTICLE 3: SENTENCING
Article 3 makes the following major changes to criminal sexual conduct sentencing provisions.
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