Sexually Dangerous Persons Civil Commitment Law: Rights and Procedures for Civil Commitment Hearings
The hearing on the petition is a civil proceeding and is governed by the same procedures and rules as a proceeding to commit a person as “mentally ill and dangerous.” These procedures include, among other things, the subject’s right to be represented by counsel at public expense, if necessary, and a requirement that the need for commitment be proven by clear and convincing evidence. Since the burden of proof is lower than beyond a reasonable doubt, evidence of sexual misconduct that is not related to a conviction is admissible. There is no right to a jury trial, so the cases are decided by judges. Minn. Stat. §§ 253B.18; 253B.185.
This post is part of a series of posts on Minnesota Criminal and Civil Regulatory Laws Regarding Sex Offenders and Predatory Offenders.