The MSOP...

The MSOP...

Thursday, November 15, 2012

Rec. 2: Injunction/Moritorium on MN SDP/SPP Commitments in MN

Recommendation 2:

Legislation prohibiting the MN DOC RA/CN Unit from referring any inmates for SDP/SPP Commitments until their policies are investigated with respect to their constitutionality and/or legality.

The persons responsible for  creating and implementing theses policies merit substudy/investigation as well.

This Recommendation also includes the Class of Minnesota Citizens residing under DOC/DHS custody and control on Judicial Hold Order Status, as well as in any other State, County or other locked detention facilities in the State of Minnesota or anywhere else.

At an absolute minimum, I make this same recommendation with respect to the Holds under SDP, as my strong belief is that while there is no doubt that the SDP ACT has always been unconstitutional, it is less clear whether the volitional impairment level evidenced in Blodgett, as well as the lack of control language in the case and statutory language in MN comport with Crane.

By permitting the State to go forward with alleged SPP commitments, during this process the State would still continue (for now) to have the authority to move forward with these types of commitments, yet they would be prohibited from inflicting any more constitutional or human damage via the SDP Act.

The more appropriate action to take, considering what we now know would be for the Governor to Order a Moritorium on any further sex offender civil commitments until issues surrounding the fundamental fairness of this system can be thoroughly investigated via the Task Force over the next year.

Governor Ryan in Illinois issued a similar Order relating to the criminal Capital Scheme when fundamental fairness issues arose.

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