MN: Judge mulls reforms to ‘unconstitutional’ sex offender treatment

A federal judge said Wednesday he will rule on the fate of Minnesota’s sex-offender treatment program within 30 days, hoping to protect the civil liberties of its patients but also communities where offenders might be released. U.S. District Judge Donovan Frank has already found the Minnesota Sex Offender Program (MSOP) unconstitutional; during a morning court hearing Wednesday he heard arguments on its future from attorneys representing a group of confined sex offenders and from the state agency that runs the program’s two locked treatment facilities. Full Article

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MN: State pushes back against proposed reforms to Sex Offender Program

State officials are pushing back against a series of proposed reforms to Minnesota’s troubled sex offender program ahead of a high-profile court hearing next week. Citing concerns about costs, staff shortages and community opposition, administrators of the program argued in court filings this week against reforms that could accelerate the release of sex offenders from the Minnesota Sex Offender Program (MSOP). The program currently holds about 720 sex offenders indefinitely at secure treatment centers in Moose Lake and St. Peter. In June, U.S. District Court Judge Donovan Frank declared the…

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Sex Offenders Locked Up on a Hunch [Updated with Responses]

The essence of the American criminal justice system is reactive, not predictive: You are punished for the crime you committed. You can’t be punished simply because you might commit one someday. You certainly can’t be held indefinitely to prevent that possibility. And yet that is exactly what is happening to about 5,000 people convicted of sex crimes around the country. This population, which nearly doubled in the last decade, has completed prison sentences but remains held in what is deceptively called civil commitment — the practice of keeping someone locked…

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MN: Federal judge demands swift action on reforming Minnesota’s sex offender program

Frustrated by legislative inaction, the federal judge who found Minnesota’s sex offender program unconstitutional has threatened a “more forceful solution” if state leaders fail to implement immediate reforms. In a harshly worded order issued Wednesday, Judge Donovan Frank of the U.S. District Court in St. Paul called on the state to correct systemic problems with the Minnesota Sex Offender Program (MSOP), which locks up about 720 sex offenders who have completed their prison terms but are deemed unsafe for public release. Frank gave the state until Sept. 21 to file…

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MN: How one case — and geography — dramatically affected commitments to the Minnesota Sex Offender Program

On Thanksgiving eve 2003, Dru Sjodin disappeared from the Columbia Mall parking lot in Grand Forks, North Dakota. Early evidence didn’t look promising. Investigators found the 22-year-old’s car in a parking lot with a knife sheath beside it. A few days after the disappearance, police found one of her shoes across the Red Lake River in Crookston, Minnesota, under a bypass. Sjodin’s family wasn’t giving up, but by the end of the year, police knew they were most likely looking for a body. Full Article

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MN: Sex offender program is ruled unconstitutional

A federal judge ruled Wednesday morning that Minnesota’s controversial system of confining convicted sex offenders violates the U.S. Constitution. U.S. District Judge Donovan Frank ruled that the Minnesota Sex Offender Program (MSOP) is unconstitutional because it fails to provide adequate protections for civilly committed offenders, including regular assessments of their risk level and access to less-restrictive treatment alternatives in the community. Full Article Ruling

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NE: Should Minnesota juvenile land on Nebraska Sex Offender Registry?

The Nebraska Supreme Court won’t be asked to weigh in on whether the way a state law is written should result in a 12-year-old boy ending up on the state’s Sex Offender Registry. The question specifically is whether, by the letter of the law, minors listed on another state’s sex offender registry should be put on Nebraska’s list when they move to Nebraska, even if their cases went through juvenile court. In Nebraska, lawmakers opted to exclude juveniles unless they were prosecuted criminally in adult court. But when the Minnesota…

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MN: Sex offender trial highlights differences between Minnesota, Wisconsin

ST. PAUL – The trial in the lawsuit against Minnesota’s program for treating its most dangerous sex offenders opened with contrasts: how two very similar states can have such dramatically different results in treating offenders. About 20 years ago, Minnesota and Wisconsin established programs to treat sex offenders who seemed likely to recommit crimes. But where Minnesota’s program has more than 700 offenders confined to its facilities in Moose Lake and St. Peter, Wisconsin’s Sand Ridge facility is home to 362 committed offenders, Deborah McCulloch, head of the Wisconsin program,…

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Minnesota Sex Offender Program violates human rights (Opinion)

The Associated Press reported this week on the Minnesota Sex Offender Program. This civil commitment program allows the state to place sex-offenders who have finished their prison sentences into high-security custody for an indefinite period. In other words, if sex-offenders meet certain, supposedly objective criteria, Minnesota holds the authority to put them in a penal dungeon, with little hope of release within their lifetime. This is not only a violation of due process, but a complete removal of any of the needed neutral tendencies of law. Full Opinion Piece

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MN: Trial may bring changes to sex offender program

A federal court trial starting today could decide the future of the state’s controversial sex offender treatment program. More than 700 civilly committed sex offenders are suing the state claiming it’s unconstitutional to keep them locked up indefinitely and that they don’t get adequate treatment from the program run by the Minnesota Department of Human Services. Full Article

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MN: Does ‘justice for all’ include sex offenders? (Opinion)

“And justice for all.” Boy, did I believe that as a child, when I placed my hand on my chest and recited the Pledge of Allegiance with fellow grade-school classmates. Although I grew up and smelled the coffee, that ideal is still implanted in my psyche. Dan Gustafson also grew up not only believing in it but walking the talk as a trial lawyer. On Monday, the former high school dropout, twice named a “super lawyer” in Minnesota by a prestigious legal magazine, will go to bat in a federal…

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MN: Judge sides with Minnesota sex offenders

he class-action lawsuit featuring more than 700 civilly committed sex offenders, many from Moose Lake, will go to trial in a St. Paul courtroom beginning Monday after a judge denied the state and its defendants a summary judgment earlier this week. In his ruling filed Monday, U.S. District Judge Donovan Frank scolded the state’s legislative and executive branches for having “let politics, rather than the rule of law and the rights of ‘all’ of their citizens, guide their decisions.” Full Article

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MN: Millions in legal costs trigger belt-tightening at Minn. human services agency

The Minnesota Department of Human Services, a giant agency with 6,628 employees and a biennial budget of $28.2 billion, is imposing limits on everything from filling vacant positions to out-of-state travel. The belt-tightening became necessary to bring the agency back on fiscal track after it racked up more than $4 million in costs from litigation over the treatment of sex offenders and the alleged abuse of people with disabilities, among other costs. Full Article

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