Lawmakers Pressured To Alter Sex Offender Commitment Law

MINNEAPOLIS (AP) — Minnesota lawmakers who have long put off large-scale changes to the state's treatment program for sex offenders are under even more pressure to act this session, as a federal judge could soon rule on whether the program is constitutional.

U.S. District Judge Donovan Frank has called the program "draconian" and "clearly broken" and has urged lawmakers to make major changes. They've resisted, but they could be spurred to act now, with the trial on the program's constitutionality set to begin in February. Depending on the trial's outcome, Frank could also order changes of his own.

Here's a look at some of the issues:

MINNESOTA'S COMMITMENT LAW

Minnesota allows civil commitment if a person is found to be sexually dangerous or found to have a sexual psychopathic personality. More than 700 people with that designation have been committed to high-security facilities in Moose Lake or St. Peter after their prison terms were completed. Only two residents are currently out on provisional discharge, including one who was placed in the community as recently as this month.

In 2011, a group of residents sued the state, alleging the program is unconstitutional because it keeps clients locked up indefinitely without providing adequate treatment. A task force recommended changes in 2012 and 2013, but lawmakers failed to act.

A panel of court-appointed experts issued a report in November that said "there is a great deal of opportunity in Minnesota for political courage," and Minnesota's civil commitment law must be changed so it's used only on the most dangerous and most likely to offend again.

The panel noted that Minnesota's civil commitment statute is broader than other states that won't commit people unless they are unable to control sexual impulses and unless they have a conviction. In Minnesota, someone can be committed simply for engaging in "harmful sexual conduct." That leads to a higher rate of commitment in Minnesota, the panel said.

The panel also found that Minnesota's standards for discharge are tougher than the standards for initial commitment.

EFFORTS TO CHANGE

Sen. Kathy Sheran, DFL-Mankato, introduced legislation in the past two sessions to implement many task force recommendations, but it hasn't passed.

Sheran said she'll bring legislation this year that would change sentencing rules to reduce the number of people who get committed in the first place. It would also provide alternatives that would make it easier to leave the program.

Sheran said she's not sure of prospects for passage now that the House is under Republican leadership. But she worries about leaving the program's future to the courts to decide.

Rep. Matt Dean, R-Dellwood, defended the sex offender program as essential to public safety. He said lawmakers are looking at ways to address constitutional issues but have to keep public safety in mind and not simply react to the panel report and outside pressure.

The Department of Human Services is also working on legislative proposals and will meet with lawmakers to work out details.

PREDICTIONS

Lawmakers could expedite legislation in advance of the trial, but that's not expected to happen.

Eric Janus, president and dean of the William Mitchell College of Law, said he believes the Legislature will wait for Frank's ruling — but he doesn't think that's smart.

"Once a federal court decides to step in, it's hard to regain control," he said.

Sen. Warren Limmer, R-Maple Grove, said he believes the court will give lawmakers one more chance and only take over if they still decline to act. A takeover, he said, could include the direct release of clients into the community, which he said is not in anyone's best interest.

"Every other state has learned to handle this population except Minnesota," he added. "I think we painted ourselves into a corner."

(© Copyright 2014 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.)