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Judge Orders Review Of Committed Sex Offenders

ST. PAUL, Minn. (WCCO) — A federal judge today ordered Minnesota to evaluate hundreds of sex offenders for possible release from the state's sex offender treatment programs.

Gov. Mark Dayton said the state will immediately appeal the court order, calling it "a risk to public safety".

Minnesota currently houses hundreds of sex offenders for treatment after they have completed their prison sentences. Federal Judge Donovan Frank ordered the state to start risk assessments on all sex offenders in treatment, and decide how many can be released or transferred to other, less restrictive settings.

Minnesota confines 733 sex offenders at two treatment facilities in St. Peter and Moose Lake: more, per capita, than any other state.

"There are a number of people in the Minnesota Sex Offender Treatment Program that can be treated safely in the community," said Dan Gustafson, an attorney representing eight sex offenders.

Gustafson says he expects up to 225 patients to be evaluated right away including juveniles, the intellectually disabled and elderly offenders.

"These people don't need to be in a maximum security facility," he said. "They are so old and infirm they can be treated safely in a less restrictive alternative."

Dayton said the state will immediately appeal Judge Frank's order, calling it "extremely inappropriate and highly offensive".

"I will not do anything that will compromise in any way the safety of the people of Minnesota," he said.

State Human Services Commissioner Lucinda Jesson says the state is already evaluating sex offenders for release, but doesn't have the staff to move as quickly as the court wants. Also, the legislature hasn't approved funds to build less restrictive treatment centers in local communities.

The federal court already found the 20-year old program unconstitutional. Gustafson says his clients are gratified they might be released.

"They are happy with the ruling but as always, they are frustrated with the slow pace," he said.

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