Notwithstanding sections 144.291 to 144.298; 245.467, subdivision 6; 245.4876, subdivision 7; 260B.171; 260B.235, subdivision 8; 260C.171; and 609.749, subdivision 6, or any provision of chapter 13 or other state law, prior to filing a petition for commitment of a sexually dangerous person or a person with a sexual psychopathic personality, and upon notice to the proposed committed person, the county attorney or the county attorney's designee may move the court for an order granting access to any records or data, to the extent it relates to the proposed committed person, for the purpose of determining whether good cause exists to file a petition and, if a petition is filed, to support the allegations set forth in the petition.
The court may grant the motion if: (1) the Department of Corrections refers the case for commitment of a sexually dangerous person or a person with a sexual psychopathic personality; or (2) upon a showing that the requested category of data or records may be relevant to the determination by the county attorney or designee. The court shall decide a motion under this section within 48 hours after a hearing on the motion. Notice to the proposed committed person need not be given upon a showing that such notice may result in harm or harassment of interested persons or potential witnesses.
Notwithstanding any provision of chapter 13 or other state law, a county attorney considering the civil commitment of a person under this chapter may obtain records and data from the Department of Corrections or any probation or parole agency in this state upon request, without a court order, for the purpose of determining whether good cause exists to file a petition and, if a petition is filed, to support the allegations set forth in the petition. At the time of the request for the records, the county attorney shall provide notice of the request to the person who is the subject of the records.
Data collected pursuant to this section shall retain their original status and, if not public, are inadmissible in any court proceeding unrelated to civil commitment, unless otherwise permitted.
2000 c 480 s 1; 2008 c 299 s 13; 2008 c 326 s 10; 2010 c 300 s 26; 2013 c 49 s 7,22
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.