Bill Text: MN HF3358 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Appellate and postconviction relief limited for juvenile sentenced to life without possibility of release that was final before June 25, 2012, and civil commitment petition filing required
Spectrum: Strong Partisan Bill (Republican 25-2)
Status: (Introduced - Dead) 2014-04-29 - Author added Dettmer [HF3358 Detail]
Download: Minnesota-2013-HF3358-Introduced.html
1.2relating to judiciary; limiting appellate and postconviction relief for juvenile
1.3sentenced to life without possibility of release that was final before June 25,
1.42012; requiring filing of civil commitment petition for certain offenders;
amending Minnesota Statutes 2012, sections 253B.18, subdivision 1; 609.106, by adding a subdivision.1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 253B.18, subdivision 1, is amended to read:
1.9 Subdivision 1. Procedure. (a) Upon the filing of a petition alleging that a proposed
1.10patient is a person who is mentally ill and dangerous to the public, the court shall hear
1.11the petition as provided in sections253B.07 and
253B.08 . If the court finds by clear and
1.12convincing evidence that the proposed patient is a person who is mentally ill and dangerous
1.13to the public, it shall commit the person to a secure treatment facility or to a treatment
1.14facility willing to accept the patient under commitment. The court shall commit the
1.15patient to a secure treatment facility unless the patient establishes by clear and convincing
1.16evidence that a less restrictive treatment program is available that is consistent with the
1.17patient's treatment needs and the requirements of public safety. In any case where the
1.18petition was filed immediately following the acquittal of the proposed patient for a crime
1.19against the person pursuant to a verdict of not guilty by reason of mental illness, the verdict
1.20constitutes evidence that the proposed patient is a person who is mentally ill and dangerous
1.21within the meaning of this section. The proposed patient has the burden of going forward
1.22in the presentation of evidence. The standard of proof remains as required by this chapter.
1.23Upon commitment, admission procedures shall be carried out pursuant to section253B.10 .
2.1(b) Once a patient is admitted to a treatment facility pursuant to a commitment
2.2under this subdivision, treatment must begin regardless of whether a review hearing
2.3will be held under subdivision 2.
2.4(c) The commissioner of human services shall file a petition for commitment under
2.5this subdivision for each offender who has their sentence of life without possibility of
2.6release reduced by a court based on the United States Supreme Court decision in Miller v.
2.7Alabama, 132 S. Ct. 2455 (2012).
2.8 Sec. 2. Minnesota Statutes 2012, section 609.106, is amended by adding a subdivision
2.9to read:
2.10 Subd. 3. Relief limited. Notwithstanding any law to the contrary, a defendant is not
2.11entitled to appellate or postconviction relief based on the United States Supreme Court
2.12decision in Miller v. Alabama, 132 S. Ct. 2455 (2012), from a conviction or sentence
2.13imposed under this section that was final before June 25, 2012.
2.14EFFECTIVE DATE.This section is effective the day following final enactment,
2.15and applies to petitions, appeals, or writs filed on, before, or after that date.
1.3sentenced to life without possibility of release that was final before June 25,
1.42012; requiring filing of civil commitment petition for certain offenders;
amending Minnesota Statutes 2012, sections 253B.18, subdivision 1; 609.106, by adding a subdivision.1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 253B.18, subdivision 1, is amended to read:
1.9 Subdivision 1. Procedure. (a) Upon the filing of a petition alleging that a proposed
1.10patient is a person who is mentally ill and dangerous to the public, the court shall hear
1.11the petition as provided in sections
1.12convincing evidence that the proposed patient is a person who is mentally ill and dangerous
1.13to the public, it shall commit the person to a secure treatment facility or to a treatment
1.14facility willing to accept the patient under commitment. The court shall commit the
1.15patient to a secure treatment facility unless the patient establishes by clear and convincing
1.16evidence that a less restrictive treatment program is available that is consistent with the
1.17patient's treatment needs and the requirements of public safety. In any case where the
1.18petition was filed immediately following the acquittal of the proposed patient for a crime
1.19against the person pursuant to a verdict of not guilty by reason of mental illness, the verdict
1.20constitutes evidence that the proposed patient is a person who is mentally ill and dangerous
1.21within the meaning of this section. The proposed patient has the burden of going forward
1.22in the presentation of evidence. The standard of proof remains as required by this chapter.
1.23Upon commitment, admission procedures shall be carried out pursuant to section
2.1(b) Once a patient is admitted to a treatment facility pursuant to a commitment
2.2under this subdivision, treatment must begin regardless of whether a review hearing
2.3will be held under subdivision 2.
2.4(c) The commissioner of human services shall file a petition for commitment under
2.5this subdivision for each offender who has their sentence of life without possibility of
2.6release reduced by a court based on the United States Supreme Court decision in Miller v.
2.7Alabama, 132 S. Ct. 2455 (2012).
2.8 Sec. 2. Minnesota Statutes 2012, section 609.106, is amended by adding a subdivision
2.9to read:
2.10 Subd. 3. Relief limited. Notwithstanding any law to the contrary, a defendant is not
2.11entitled to appellate or postconviction relief based on the United States Supreme Court
2.12decision in Miller v. Alabama, 132 S. Ct. 2455 (2012), from a conviction or sentence
2.13imposed under this section that was final before June 25, 2012.
2.14EFFECTIVE DATE.This section is effective the day following final enactment,
2.15and applies to petitions, appeals, or writs filed on, before, or after that date.
