MN- Judge questions purpose of sex offender program (Civil Commitment Therapy)

11-26-2008 Minnesota:

An Olmsted District Court judge has ordered a hearing to determine whether the state's sex offender program actually provides treatment to sex offenders as required or is primarily a way to keep dangerous people behind bars.

Judge Kevin Lund has ordered an evidentiary hearing in the constitutional challenge being raised on behalf of Jesus Maldonado Travis, 33, of Rochester.

Rochester attorney Ted Heim, who represents Travis, filed a motion earlier this year challenging the constitutionality of portions of the state's sex offender civil commitment laws.

The judge issued his decision Monday, ordering an evidentiary hearing to begin April 20 and last no more than three days.

The civil commitment proceedings against Travis have been on hold for years. Olmsted County filed a petition for the indefinite civil commitment in December 2005, but agreed to allow Travis to try to complete a sex offender program through the Corrections Department. However, due to violations while in the program, the county decided to move forward with Travis' civil commitment.

In May, Heim filed a motion challenging the constitutionality of the state's sex offender statutes. He claims the sex offender program has become nothing more than a detention facility and has failed to successfully treat any of the patients in its 18-year history.

In a memorandum attached to his order, Lund says the Minnesota Supreme Court has rejected the argument that the civil commitment statutes governing sex offenders violate the double jeopardy clauses of the state constitution as long as the civil commitment is programmed to provide treatment and periodic review. He says the high court has held that the purpose of the civil commitment statute was to treat and rehabilitate and not serve as "preventive detention."

An evidentiary hearing is necessary to determine whether the state sex offender program provides treatment to satisfy the constitutional requirements of the due process clause, the judge's memorandum says.

Heim challenges the civil commitment standard as violating substantive due process. Lund says that because the challenged statute involves the committed person's right to liberty, it is subject to strict scrutiny.

Lund says the hearing will examine whether treatment and rehabilitation programs have actually been implemented at the state sex offender program sufficient to satisfy due process considerations.

"Given the valid and significant liberty interest at stake, it is necessary for this court to engage in an extensive inquiry into the conditions of confinement at the Minnesota Sex Offender Program as alleged by Mr. Travis,'' the memorandum says. Without careful judicial scrutiny to root out ineffective treatment programs, the civil commitment of sex offenders becomes "indistinguishable from lifetime imprisonment," according to Lund's memorandum. ..News Source.. by Janice Gregorson