Sex offender program ruling due within 30 days

Published 10:03 am Wednesday, July 16, 2014

ST. PAUL, Minn. — Attorneys for a man who was committed to the Minnesota Sex Offender Program for crimes he committed when he was a child say he should be immediately released, and they asked a federal judge on Tuesday to declare his confinement unconstitutional.

But attorneys for the state argued the man would be better served if he goes to a less-restrictive environment and prepares for a gradual reintegration into society, and they asked the federal court to let a state process to transfer him go forward.

Tuesday’s closing arguments wrapped up a two-day hearing to determine whether the man — as well as a woman who is the only civilly committed female sex offender in Minnesota — are being properly held at the state’s treatment program for those who have been committed as sexually dangerous or sexual psychopaths.

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U.S. District Judge Donovan Frank said he and U.S. Magistrate Jeffrey Keyes will issue a decision within 30 days. Frank also said he intends to discuss whether the trial in the overall class-action lawsuit can be accelerated, possibly occurring as soon as this fall.

The lawsuit, filed in 2011 by residents of MSOP, alleges the program is unconstitutional because it keeps offenders locked up indefinitely. Nearly 700 offenders have been civilly committed to high-security facilities in Moose Lake or St. Peter after their prison terms were completed. Only one patient has been successfully released, with provisions, since 1994.