Sexually Dangerous Persons Civil Commitment Law: Placement for People Who Are Civilly Committed

Sexually dangerous persons are committed to the custody of the Commissioner of Human Services and are placed in a secure treatment facility in Moose Lake known as the Minnesota Sexual Psychopathic Personality Treatment Center or a secure facility in St Peter. In order to obtain a less secure placement, the patient must prove, by clear and convincing evidence, that a less restrictive treatment program is available and is consistent with the patient’s treatment needs and the requirements of public safety. Minn. Stat. §§ 246B.02; 253B.185, subd. 1.

If the patient was in prison at the time of the civil commitment, the person must serve the criminal sentence first before being transferred to a treatment facility. If the person was civilly committed first and later is committed to the Commissioner of Corrections’ custody due to a criminal conviction or probation revocation, the person must be transferred from the treatment facility to state prison. Minn. Stat. § 253B.185, subd. 2.