Subdivision 1. Commitment generally. Before commitment proceedings are instituted, the facts shall first be submitted to the county attorney, who, if satisfied that good cause exists, will prepare the petition. The county attorney may request a prepetition screening report. The petition is to be executed by a person having knowledge of the facts and filed with the district court of the county of financial responsibility, as defined in section 253B.02, subdivision 4c, or the county where the respondent is present. If the respondent is in the custody of the commissioner of corrections, the petition may be filed in the county where the conviction for which the person is incarcerated was entered.
Subd. 2. Petition. Upon the filing of a petition alleging that a proposed respondent is a sexually dangerous person or a person with a sexual psychopathic personality, all of the applicable procedures contained in sections 253B.07 and 253B.08 apply to the commitment proceeding.
Subd. 3. Secure treatment facility. If the court finds by clear and convincing evidence that the respondent is a sexually dangerous person or a person with a sexual psychopathic personality, the court shall commit the person to a secure treatment facility unless the person establishes by clear and convincing evidence that a less restrictive treatment program is available, is willing to accept the respondent under commitment, and is consistent with the person's treatment needs and the requirements of public safety.
Subd. 4. Period of commitment. After a determination that a respondent is a sexually dangerous person or a person with a sexual psychopathic personality, the court shall order commitment for an indeterminate period of time and the committed person shall be transferred, provisionally discharged, or discharged, only as provided in this chapter.
Subd. 5. Not to constitute defense. The existence in any person of a condition of a sexual psychopathic personality or the fact that a person is a sexually dangerous person shall not in any case constitute a defense to a charge of crime, nor relieve such person from liability to be tried upon a criminal charge.
1Sp1994 c 1 art 1 s 4; 1999 c 118 s 6; 2002 c 221 s 37; 2010 c 300 s 26; 2010 c 357 s 9; 2010 c 385 s 7; 2011 c 102 art 1 s 1; 2013 c 49 s 7,22; 1Sp2020 c 2 art 6 s 120
Structure Minnesota Statutes
Chapters 245 - 267 — Public Welfare And Related Activities
Chapter 253D — Civil Commitment And Treatment Of Sex Offenders
Section 253D.02 — Definitions.
Section 253D.03 — General Provisions.
Section 253D.04 — Review Board.
Section 253D.07 — Proceedings.
Section 253D.08 — County Attorney Access To Data.
Section 253D.09 — Petition Required.
Section 253D.10 — Temporary Confinement.
Section 253D.11 — Statewide Judicial Panel.
Section 253D.12 — Financial Responsibility.
Section 253D.13 — Procedures Upon Commitment.
Section 253D.14 — Victim Notification Of Petition And Release; Right To Submit Statement.
Section 253D.17 — Rights Of Committed Persons; Generally.
Section 253D.18 — Administrative Restriction.
Section 253D.19 — Rights Of Persons Committed Under This Chapter.
Section 253D.20 — Right To Counsel.
Section 253D.21 — Neuroleptic Medication.
Section 253D.22 — Transfer To Correctional Facility.
Section 253D.24 — Return Of Absent Person.
Section 253D.27 — Petition For Reduction In Custody.
Section 253D.28 — Judicial Appeal Panel.
Section 253D.30 — Provisional Discharge.
Section 253D.32 — Scope Of Community Notification.