Based on previous statements from U.S. District Judge Donovan Frank, it’s no surprise that the judge ruled Minnesota’s Sex Offender Program unconstitutional on Wednesday.
“There is something very wrong with this state’s method of dealing with sex offenders,” Judge Frank wrote in his 76-page decision on a class-action lawsuit that challenged the current program’s constitutionality.
The biggest issue with the current state of the program is the fact that a person can be committed indefinitely. In the history of the program, of the more than 700 residents who have been deemed sexually dangerous or psychopathic, only three people have ever been provisionally released. The vast majority just remain in a purgatory-like state.
“The key fact that overwhelms all others is that ‘no one ever gets out,'” lawyers representing the offenders wrote in their closing arguments.
The Program’s Shortcomings
To rectify the program’s shortcomings, Judge Frank issued more than a dozen possible changes and ordered program members to attend a conference to find appropriate remedies. Additionally, Judge Frank asked lawmakers and other high ranking members of the criminal justice system to also attend the reform conference.
If the program fails to address the issues at hand, Judge Frank said he’d consider terminating the program and releasing the offenders “with or without conditions.”
“The overwhelming evidence at trial established that Minnesota’s civil commitment scheme is a punitive system that segregates and indefinitely detains a class of potentially dangerous individuals without the safeguards of the criminal justice system,” Frank said.
The sex offender program, which has been in operation since 1994, allows courts to civilly commit sex offenders who have already served their prison sentences is they are deemed likely to recommit. These offenders are committed to a secure state hospital in St. Peter or a state treatment facility in Moose Lake. Although he mentioned that the facilities could eventually close if changes don’t occur, Judge Frank said “the public should know that the Moose Lake and St. Peter facilities will not be immediately closed.”
Dan Gustason, an attorney for the plaintiffs, said the ruling was an important step in upholding the rights of all citizens.
“This order highlights the complete failure of the political system in Minnesota with respect to these important issues but more importantly, it reaffirms that all people, no matter how disliked they are or how reprehensible their prior conduct, are entitled to Constitutional protection,” said Gustafson.
Frank ordered that all stakeholders will convene on August 10 to discuss potential remedies.
Related source: Pioneer Press
