Attorney Talks Misconceptions In Sex Offender Program Trial

MINNEAPOLIS (WCCO) -- More than 700 civilly committed sex offenders are suing the state of Minnesota, arguing the program keeping them locked up is unconstitutional.

The offenders are locked up at state facilities in Moose Lake and St. Peter. Only three offenders in the history of the program have ever been released.

The judge in the case has given strong indications in prior rulings that he is likely to declare all or parts of the program unconstitutional. And that sets up the likely scenario groups of these offenders will be released.

Dan Gustafson, the attorney for the offenders, spoke about the trial with Esme Murphy on WCCO Sunday Morning.

He said that if the program is declared unconstitutional, hundreds of sex offenders won't just be set free.

"I think what will happen is…there will be a process to amend the statute and work through a release evaluation program that satisfies due process," he said.

If his side wins out, Gustafson said his clients are seeking for the state to re-evaluate them, so they could possibility live outside a maximum-security environment.

As for cost to taxpayers, he said the re-evaluations could end up saving money in the long run. Options like community-based placements are much cheaper than keeping offenders in a high-security environment.

To see the full interview with Gustafson, watch the video above.