Minnesota sex-offender lawsuit moves forward

7-27-2012 Minnesota:

A federal judge has allowed a class-action suit against Minnesota’s sex-offender treatment program, which has soared in population since prison-release rules were tightened following the rape-murder of UND student Dru Sjodin by a sex offender the state released.

A federal judge has allowed a class-action suit against Minnesota’s sex-offender treatment program, which has soared in population since prison-release rules were tightened following the rape-murder of UND student Dru Sjodin by a sex offender the state released.

The Minnesota Sex Offender Program, or MSOP, is being challenged on constitutional grounds by the more than 600 offenders committed to the program.

Offenders are committed after finishing their prison sentences if prosecutors and the courts deem them too dangerous to release without treatment. They’re officially considered patients, but they are not free to leave.

U.S. District Judge Donovan Frank in St. Paul said in his ruling Tuesday that addressing each case individually would be an “enormous drain” on court resources.

So far, more than 60 suits challenging the constitutionality of MSOP are pending in federal court.

“This lawsuit is saying in general terms that you can’t commit people for medical treatment and then close the door forever,” said Minneapolis attorney Daniel Gustafson, who is representing the plaintiffs. “Whether there’s a settlement that can be reached in this case or not remains to be seen. But certainly if there is a settlement, it’s going to have to address this notion that being committed under the Minnesota sex offender program is a life sentence.”

The lawsuit’s intent is not to open the doors to release people, he said. “Even if you had a different system, not everybody would be eligible for release.”

Changes after Dru

MSOP has been a magnet for controversy almost since its creation in 1994, as officials sought to confine dangerous sexual predators while honoring constitutional protections against indefinite detention.

Many Level 3 sex offenders, considered the most likely repeat offenders, were committed to the treatment program and, until this year, none were released except by dying, being moved to a state nursing home or going back to prison.

But, before 2003, not all Level 3 offenders were committed. ..For the rest of this story: by Mary Lynn Smith & Dave Hage