The MSOP...

The MSOP...

Tuesday, January 1, 2013

Task Force/Legislature: Please Read

The following document was provided to me by an expert in MN SDP/SPP law. I respectfully urge the members of the Task Force as well as the legislative members with input regarding the MSOP to read the following document and use it as a resource to address some of the myriad problems these unconstitutional SDP/SPP statutes pose.

I urge the Task Force to recommend for this Legislative Session, at a minimum, repealing the current SDP/SPP statutes and replacing them with one "SVP" statute that comports with the Constitution and with SCOTUS precedents. I would be willing to write such a statute in layman's terms if of any help. I have stated clearly my belief that it would be better to utilize a scheme wherein this sanction is imposed at sentencing, such as the German scheme that Dean Janus has a CLE coming up soon on.

If Minnesota elects to change their laws to mirror this scheme, then the State is largely protected from constitutional attack regarding Ex Post Facto & Double Jeopardy as these so-called "Collateral Sanctions" flow from a crime that occurred in the past, and not based on flawed predictions of Future Crime.

With such a new, constitutionally enhanced Preventive Detention scheme moved to a central metro location like the area/facilities currently used by the DOC at MCF-Lino Lakes where real treatment based on the successful DOC model SOTP is initiated with revised discharge criteria based on determination whether the "client" currently meets commitment criteria (and not based on his progress in a dysfunctional, failed "Program", that by design cannot keep clinicians staffed there) this might do the trick in terms of sending a strong message to the federal court that the State is serious.

One HosPrisoner's mother lamented during her 2 minutes she was allowed to bare her anguish of 10, 15, 20 years? that her child had had something like 14 different "Primary Therapists" the past few years.
The illegal. unconstitutional McTreatment (Now Serving 672?) Habitrail that is the MSOP.

I publicly predict that unless the Legislature develops the Political Appetite to legally dispense with the MSOP that the next wave of lawsuits (likely numbering in the hundreds) will be flooding the Courts from the HosPrisoners, who will allege, among other things that the shock experienced after a prison term by a forced, political, involuntary placement into the MSOP (along with the dysfunction within that "Program"), and the Conditions of Confinement within that Program, where Sadism is not an SVP diagnosis for the imprisoned, but rather a daily experience at the hands of their captors.

One of the arguments coming is that the MSOP itself is "CounterTherapeutic" and that it is damaging the "clients" within that Program mentally, physically and spiritually and that the MSOP's Care & Treatment--euphemisms for Abuse & Punishment is actually the State damaging these men. The MSOP is unconstitutional and it is not "fixable" or "repairable".

I digress...Here is the link to an important legal treatise relating to MSOP that I hope is given weight.

No comments:

Post a Comment