Panel plans to change the Minnesota Sex Offender Program

It was after a class action lawsuit filed by inmates of the Minnesota Sex Offender Program argued that their indefinite civil commitment was a violation of their constitutional rights that a federal judge ordered the state to change the program. It was after a foreign court refused to extradite a man accused of a sex crime to Minnesota, however, that it truly became obvious how horrible the Minnesota civil commitment program truly is. Calling it a “flagrant denial” of the suspect’s human rights, the court would not send the man to Minnesota even though there was only a chance that he would be civilly committed.

Unfortunately for Minnesotans, our sex offender program is one of the largest in the nation; Minnesota commits more individuals per capita than any other state. There are currently more than 600 people enrolled in the program. Recognizing the need for a change, a panel of 15 judges, mental health professionals, individuals within the sexual rehabilitation field and public safety officials have been tasked with reforming the program.

By Dec. 3, they will need to have recommendations on how to create an alternative to the secure treatment facilities that are currently being used.

The task is certainly not easy. Though many people may recognize that the Minnesota Sex Offender Program needs to change, some people in the community are likely concerned about releasing former sex offenders into the community, even if they have been classified as nonviolent offenders by prison officials. In addition, as options like halfway houses emerge, the panel will have to deal with individuals concerned that these facilities will be in their neighborhoods.

This blog has previously talked about how serious sex crimes can be in Minnesota, especially for those previous offenders who must register on the sex offender registry. This story shows that, for some, one mistake could also lead to a lifetime of civil confinement.

Source: Star Tribune, “Sex offender panel is clear on gravity of its assignment,” Gail Rosenblum, Oct. 13, 2012

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

A Santa Clara University study shows that over one million people in Minnesota have criminal records. In Minneapolis alone, 5,713 crimes are reported annually within an area of 100,000 residents. These criminal cases require the defendants to present evidence challenging the prosecutor's narrative. So, when does the defense present evidence in a criminal case? Your defense team presents evidence at the trial phase right after the prosecution team completes outlining the facts it intends to prove and how its evidence will prove you guilty.
Media attention and public scrutiny after conviction can hurt your personal and professional reputation, especially if your criminal case is high-profile. One of the questions you may ask is: How do I handle media attention and public scrutiny after conviction in Minnesota? You can do that by familiarizing yourself with your rights, having a witness present during a media interview, minimizing media consumption, and taking a break from social media. Building a strong support system and working closely with a criminal defense lawyer can help you handle or minimize the impact of public scrutiny.
The timeline for filing pre-trial motions in a criminal case in Minnesota varies with the type of motion. A motion related to the discovery of evidence or dismissal of a criminal case must be filed at least three days before the Omnibus Hearing. The prosecution is then allowed to respond to the motions, and the court sets the timeline for these responses.