Despite ruling, sex offenders remain in limbo; Dayton, state could challenge judge’s ruling

Published 10:25 am Friday, June 19, 2015

MINNEAPOLIS — Despite a sternly worded ruling from a federal judge that many of Minnesota’s sex offenders who’ve served their sentences could be long overdue for release, they’re likely to spend many more months — maybe even years — in the state’s civil commitment program.

U.S. District Judge Donovan Frank ruled Wednesday that the state law allowing for indefinite confinements of sex offenders after they finish their prison sentences, and the secure treatment program for them, are an unconstitutionally “punitive system” that has failed to completely free anyone in more than 20 years. Yet the early signs are that Minnesota’s political leaders remain as unwilling as ever to fix it.

Gov. Mark Dayton’s administration said it plans to defend the constitutionality of the Minnesota Sex Offender Program and plans no immediate changes.

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That likely means continued limbo for many of the more than 700 residents of the prison-like facilities in Moose Lake and St. Peter, a number of whom Frank said could have been released long ago or transferred into less-restrictive settings.

Dan Gustafson, the lead plaintiffs’ attorney in the class-action lawsuit, said Thursday his clients understand the legal process moves slowly. He said many have felt “a constant sense of frustration and despair” because they haven’t seen anyone fully released. Only two men from the program are out on conditional discharges.

“I continue to tell them I think we’ll ultimately be the vehicle of change here, and the frustration they’re feeling now will ultimately be rewarded with a good outcome,” Gustafson said.

Frank urged a long list of political leaders to bring proposals for changes to the next phase of proceedings, which begins Aug. 10. He also made it clear that he’s ready to impose unpopular solutions if the state isn’t willing — including closing the facilities or releasing people from the program.

Attorney General Lori Swanson’s office is trying to appeal Frank’s ruling but faces a significant procedural obstacle. A basic tenet of appellate law is that only final orders are appealable, said Eric Magnuson, former chief justice of the Minnesota Supreme Court. Frank’s ruling isn’t a final order, nor has he issued any injunction yet.