Civil commitment refers to a civil court process where a person is voluntarily or involuntarily committed to a treatment facility. 

Persons who have committed crimes of violence can be civilly committed in Minnesota under specific statutes and in proceedings separate from the criminal case. Those commitments include persons who have a mental illness and are dangerous to the public, have a sexual psychopathic personality or are a sexually dangerous person.

Court process

The county attorney's office in the county where the criminal incident took place may choose to file a petition with the court to civilly commit the individual who committed the crime. At the civil commitment hearing, if the court finds that the individual meets the statutory requirements, they are committed to an appropriate treatment setting. This may be under the authority of the Minnesota Department of Human Services for placement in an appropriate state operated facility.

If a defendant has been found incompetent to participate in the criminal proceeding and is not currently under civil commitment, the defendant must undergo screening. The prosecutor is required to consider whether a civil commitment petition should be filed.

If a defendant is found not guilty by reason of mental illness or cognitive impairment, a petition for civil commitment for the defendant must be filed by the prosecutor in the county in which the acquittal took place.