Sex offenders are confined for indefinite periods of time in Pexton Hall at the St. Peter Regional Treatment Facility in St. Peter, Minnesota. Photo from Morcon Construction
Minnesota's civil commitment program for sex offender violates the U.S. Constitution, a federal judge ruled on Monday. The Minnesota Sex Offender Program allows the state to confine sex offenders for indefinite periods of time even after they have completed their prison sentences. Judge Donovan Frank said it must be changed to protect the rights of individuals who otherwise should be set free. "Although the public might be safer if the government, using the latest 'scientific' methods of predicting human behavior, locked up potential murderers, rapists, robbers, and, of course, sex offenders, our system of justice, enshrined in rights guaranteed by our Constitution, prohibits the imposition of preventive detention except in very limited circumstances, "Donovan wrote in the 76-page decision. "This strikes at the very heart of what it means to be a free society where liberty is a primary value of our heritage." Civil commitment has been used by the state to confine tribal members who reside in Indian Country. John Beaulieu III, a citizen of the Red Lake Nation whose reservation does not fall under state jurisdiction or Public Law 280, challenged the program but lost a decision in 2007. "It is undeniable that the state has a compelling interest in protecting the health and safety of the public, including persons both on and off tribal land, from dangerous and repeat sex offenders," a state court of appeals wrote at the time. The federal court ruling will not result in the immediate release of any sex offenders. Judge Frank urged the state to come up with reforms by an August 10 hearing. Get the Story:
Minnesota sex offender program is ruled unconstitutional (The Minneapolis Star Tribune 6/18)
Minnesota’s Holding of Sex Offenders After Prison Is Ruled Unconstitutional (The New York Times 6/18)
Judge to Minnesota: Fix program or sex offenders may be released (The Duluth News Tribune 6/18)
Federal judge: Minnesota sex offender program unconstitutional (Minnesota Public Radio 6/17)
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