Watch CBS News

Federal Appeals Court Tosses Sex Offender Program Ruling

MINNEAPOLIS (WCCO/AP) -- In a major victory for the state of Minnesota, a federal appeals court has ruled that Minnesota's controversial sex offender treatment program is constitutional.

The program was ruled unconstitutional by a lower court in 2015. The 8th Circuit Court of Appeals decision could stall efforts to have more of the offenders released.

An attorney for the offenders is promising to appeal the ruling to the U.S. Supreme Court. The 740 sex offenders in Minnesoat are housed in prison- like settings at facilities in Moose Lake and St. Peter. They have completed their criminal sentences but have been civilly committed.

In the history of the program, only a handful of offenders have ever gotten out -- and that was a major factor behind the ruling by federal judge Donovan Frank declaring the program unconstitutional. Now, a higher court says Judge Frank got it wrong. That's good news for state officials.

"I am glad that we received that ruling," Gov. Mark Dayton said.

Dayton says the ruling means the state will avoid being put under a court-ordered reform of the program.

"We can continue to make the reforms that we have started at our own pace, and at an affordable cost to the state budget," he said.

Dan Gustafson, the attorney for the sex offenders, says his clients are disappointed and feeling hopeless after the decision.

"What essentially today's court order does is allow them to do whatever reforms they want at whatever pace they want, and I think that's a sad day for Minnesota, because this program has been broken for a long time," he said.

Gustafson says he will appeal to the U.S Supreme Court. Right now the Supreme court has only eight members -- four liberals and four conservatives. President-elect Donald Trump will appoint the next member.

"We don't know who Donald Trump is going to appoint to the Supreme Court, and arguably, if he is going to appoint someone who is a conservative, that would work well with the State of Minnesota, and against those who are challenging the sex offender treatment program," University of Minnesota Law Professor David Schultz said.

The U.S Supreme Court gets 4,000 requests a year to hear cases and only takes about 80 cases. Analysts we spoke with said there is a decent chance the High court would take this case because of the national implications and. constitutional questions involved.

View CBS News In
CBS News App Open
Chrome Safari Continue
Be the first to know
Get browser notifications for breaking news, live events, and exclusive reporting.