Post by HOST on May 3, 2015 17:47:01 GMT -5
www.inforum.com/news/3736499-judges-ruling-nears-no-legislative-movement-sex-offender-program
ST. PAUL—The final countdown has begun for a Minnesota sex offender treatment program.
After three years of legal motions, court orders and stern warnings from a federal judge, the Minnesota Legislature finally will find out whether the state-operated program to treat its most dangerous sex offenders passes constitutional muster.
Testimony wrapped last month on a class-action lawsuit representing more than 700 offenders locked up in the Minnesota Sex Offender Program campuses in Moose Lake and St. Peter. The case argues the state is violating the offenders' rights by locking them up at high-security treatment facilities with little hope of release (even though most have already served prison sentences).
Only three people have been released in the 20-year history of the program.
On April 15, attorneys filed the final paperwork in the case, giving U.S. District Judge Donovan Frank 60 days to make his ruling.
But the clock will run out even sooner for legislators. The 2015 legislative session, lawmakers' last chance to make changes to the program, will come to a close on May 18.
Most bets are that Frank will declare the program unconstitutional and order changes. Back in February of 2014, Frank issued an order calling the program "draconian" and "broken" and seriously questioned its constitutionality. He asked legislators to address his concerns during the 2014 session, but efforts to fix the program stalled in the middle of a heated campaign for the state House and the governor's office.
Again this session, legislative attempts to address issues with program have stalled with three weeks left in session.
"I think we've been sitting in this spot for awhile thinking, 'We are going to be out of time,' " said Rep. Dan Schoen, D-St. Paul Park, who is carrying legislation to reform the program. "It's going to be ruled unconstitutional, he's pretty much said that. At what point can a federal judge give enough warnings? He's been kind of like: 'Hey buddy, I'm not going to say it today, but just so you're ready, it's probably going to be unconstitutional.' "
Frank won't comment on an ongoing case, but that hasn't kept legislators from speculating about what his decision could mean. The biggest fear is the judge will rule the program is unconstitutional shortly after session has concluded, requiring lawmakers to come back to fix the program in a special session later this year.
"That's been possible for over a year now," Schoen said. "There will be a special session, because (any fix) will be expensive."
In 2013, senators passed a bill to adopt many recommendations from a court-appointed task force set up to review program. The proposal would have put only the most dangerous offenders in the program, while others would be placed in a new, less-restricted environment.
But the proposal has repeatedly stalled in the House, where Republicans and Democrats have butted heads over a solution that would both address the court's concerns and keep the public safe. In 2014, under a DFL-controlled House, the bill failed because there was no buy-in from Republicans, and Democrats feared any solution that involved moving some offenders outside of the razor-wire would be used against them on the campaign trail.
This session, with the House under GOP control, there's been even less talk of a fix.
Rep. Nick Zerwas, R-Elk River, said Republicans prefer an alternative that creates a less-restrictive living environment for the more elderly and impaired offenders on the campuses of Moose Lake and St. Peter. But they didn't have any hearings on the bill this session, and they've also argued the program is constitutional, siding with the Minnesota attorney general's office.
"This is going to be a huge policy discussion, and there isn't just going to be time between now and the end of session, and we felt it wasn't appropriate to move forward while the trial was ongoing a few blocks away," Zerwas said. "I think the next thing we are waiting for really is a ruling from the judge."
Democratic Gov. Mark Dayton has proposed $7 million in his budget to make some small fixes to the program that have been recommended by experts. The additional funding would help pay for individual evaluations of clients every other year and for the cost of moving 50 clients found suitable by the courts for less restrictive treatment settings within the program.
It would increase funding for a special court panel to handle petitions from offenders for transfer, provisional discharge and full discharge. The number of clients who have reached the final phase of treatment before release, has grown from 10 at the end of 2011 to 32 today, according to the Department of Human Services.
"I assume the federal judge is aware of our legislative time timetable and that almost anything in terms of policy and practice and certainly cost is going to require legislative approval," said Dayton. "The clock is already well past the alarm bell in that regard. We have our own set of realities and restrictions to deal with. One is we can't spend money the Legislature hasn't appropriated. The clock is ticking."
Senate Majority Leader Tom Bakk, D-Cook, has been particularly frustrated by the issue, given that the upper chamber passed some fixes to the program back in 2013, with Democratic and Republican votes. But with no movement in the House, Bakk said he sees no reason to make senators take that vote again.
"The Senate got pretty nicked up in 2013," Bakk said. "We got several letters from judge Frank where he basically said this program is going to be unconstitutional and I'm going to give you some time to fix it."
He's also worried that a special session this summer or fall to take up any recommendations from the courts will be nearly impossible.
"When this session ends, the Capitol is closed," Bakk said. "This building is being turned over to the contractors, including the House chamber. There is no opportunity to come back to the Capitol for a special session in June, or July or this fall."
This story is from www.MinnPost.com, a Twin Cities-based online news source.
ST. PAUL—The final countdown has begun for a Minnesota sex offender treatment program.
After three years of legal motions, court orders and stern warnings from a federal judge, the Minnesota Legislature finally will find out whether the state-operated program to treat its most dangerous sex offenders passes constitutional muster.
Testimony wrapped last month on a class-action lawsuit representing more than 700 offenders locked up in the Minnesota Sex Offender Program campuses in Moose Lake and St. Peter. The case argues the state is violating the offenders' rights by locking them up at high-security treatment facilities with little hope of release (even though most have already served prison sentences).
Only three people have been released in the 20-year history of the program.
On April 15, attorneys filed the final paperwork in the case, giving U.S. District Judge Donovan Frank 60 days to make his ruling.
But the clock will run out even sooner for legislators. The 2015 legislative session, lawmakers' last chance to make changes to the program, will come to a close on May 18.
Most bets are that Frank will declare the program unconstitutional and order changes. Back in February of 2014, Frank issued an order calling the program "draconian" and "broken" and seriously questioned its constitutionality. He asked legislators to address his concerns during the 2014 session, but efforts to fix the program stalled in the middle of a heated campaign for the state House and the governor's office.
Again this session, legislative attempts to address issues with program have stalled with three weeks left in session.
"I think we've been sitting in this spot for awhile thinking, 'We are going to be out of time,' " said Rep. Dan Schoen, D-St. Paul Park, who is carrying legislation to reform the program. "It's going to be ruled unconstitutional, he's pretty much said that. At what point can a federal judge give enough warnings? He's been kind of like: 'Hey buddy, I'm not going to say it today, but just so you're ready, it's probably going to be unconstitutional.' "
Frank won't comment on an ongoing case, but that hasn't kept legislators from speculating about what his decision could mean. The biggest fear is the judge will rule the program is unconstitutional shortly after session has concluded, requiring lawmakers to come back to fix the program in a special session later this year.
"That's been possible for over a year now," Schoen said. "There will be a special session, because (any fix) will be expensive."
In 2013, senators passed a bill to adopt many recommendations from a court-appointed task force set up to review program. The proposal would have put only the most dangerous offenders in the program, while others would be placed in a new, less-restricted environment.
But the proposal has repeatedly stalled in the House, where Republicans and Democrats have butted heads over a solution that would both address the court's concerns and keep the public safe. In 2014, under a DFL-controlled House, the bill failed because there was no buy-in from Republicans, and Democrats feared any solution that involved moving some offenders outside of the razor-wire would be used against them on the campaign trail.
This session, with the House under GOP control, there's been even less talk of a fix.
Rep. Nick Zerwas, R-Elk River, said Republicans prefer an alternative that creates a less-restrictive living environment for the more elderly and impaired offenders on the campuses of Moose Lake and St. Peter. But they didn't have any hearings on the bill this session, and they've also argued the program is constitutional, siding with the Minnesota attorney general's office.
"This is going to be a huge policy discussion, and there isn't just going to be time between now and the end of session, and we felt it wasn't appropriate to move forward while the trial was ongoing a few blocks away," Zerwas said. "I think the next thing we are waiting for really is a ruling from the judge."
Democratic Gov. Mark Dayton has proposed $7 million in his budget to make some small fixes to the program that have been recommended by experts. The additional funding would help pay for individual evaluations of clients every other year and for the cost of moving 50 clients found suitable by the courts for less restrictive treatment settings within the program.
It would increase funding for a special court panel to handle petitions from offenders for transfer, provisional discharge and full discharge. The number of clients who have reached the final phase of treatment before release, has grown from 10 at the end of 2011 to 32 today, according to the Department of Human Services.
"I assume the federal judge is aware of our legislative time timetable and that almost anything in terms of policy and practice and certainly cost is going to require legislative approval," said Dayton. "The clock is already well past the alarm bell in that regard. We have our own set of realities and restrictions to deal with. One is we can't spend money the Legislature hasn't appropriated. The clock is ticking."
Senate Majority Leader Tom Bakk, D-Cook, has been particularly frustrated by the issue, given that the upper chamber passed some fixes to the program back in 2013, with Democratic and Republican votes. But with no movement in the House, Bakk said he sees no reason to make senators take that vote again.
"The Senate got pretty nicked up in 2013," Bakk said. "We got several letters from judge Frank where he basically said this program is going to be unconstitutional and I'm going to give you some time to fix it."
He's also worried that a special session this summer or fall to take up any recommendations from the courts will be nearly impossible.
"When this session ends, the Capitol is closed," Bakk said. "This building is being turned over to the contractors, including the House chamber. There is no opportunity to come back to the Capitol for a special session in June, or July or this fall."
This story is from www.MinnPost.com, a Twin Cities-based online news source.
