(a) A committed person has the right to be free from unnecessary or excessive administrative restriction. Administrative restriction shall not be used for the convenience of staff, for retaliation for filing complaints, or as a substitute for program treatment. Administrative restriction may not involve any further deprivation of privileges than is necessary.
(b) Administrative restriction may include separate and secure housing.
(c) Committed persons under administrative restriction shall not be limited in access to their attorney.
(d) If a committed person is placed on administrative restriction because the committed person is suspected of committing a crime, the secure treatment facility must report the crime to the appropriate police agency within 24 hours of the beginning of administrative restriction. The committed person must be released from administrative restriction if a police agency does not begin an investigation within 72 hours of the report.
(e) A committed person placed on administrative restriction because the committed person is a subject of a criminal investigation must be released from administrative restriction when the investigation is completed. If the committed person is charged with a crime following the investigation, administrative restriction may continue until the charge is disposed of.
(f) The secure treatment facility must notify the committed person's attorney of the committed person being placed on administrative restriction within 24 hours after the beginning of administrative restriction.
(g) The commissioner shall establish policies and procedures according to section 246.014, paragraph (d), regarding the use of administrative restriction. The policies and procedures shall identify the implementation and termination of administrative restrictions. Use of administration restriction and the reason associated with the use shall be documented in the committed person's medical record.
2004 c 288 art 3 s 17; 2013 c 49 s 3,22
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.