Frequently asked questions  

When is a petition for civil commitment filed?

It depends on the situation. A civil commitment can be filed at any time.

In those situations where the offender has been convicted of a serious criminal sexual conduct offense, the county attorney's office handling the case may file a civil commitment petition near the time the offender is to be released from a DOC facility (prison). These offenders often fall into the category of a sexually dangerous person or a person with a sexual psychopathic personality.

For situations where the defendant is found to be incompetent to participate in the criminal proceedings, the petition may be filed while the case is pending.

For situations where the defendant has been found not guilty by reason of mental illness or cognitive impairment, the county attorney's office is required to file a petition at that time. If the defendant is already under civil commitment, the court must order that the commitment continue.

How do I know what facility the civilly committed person is in?

In general, ask the county attorney's office about the committed person's placement.

For persons committed as a sexually dangerous person or having a sexual psychopathic personality, contact the Minnesota Sex Offender Program.

Can I request notification from the treatment facility even if the offender was never convicted of the crime where I was the victim?

If the crime committed against you forms the basis of the civil commitment or was included in the petition for civil commitment, then you can request notification.

Do I get to know anything about the person while they are under civil commitment?

Information about the person's activities and progress while in a treatment facility is private information and will not be shared with anyone. However, victims who have made a notification request to the facility do get information about a change in status while the person is under a civil commitment.

What kind of changes in status can happen to a person under civil commitment?

A person under civil commitment may be granted a temporary or permanent release, including being granted pass-eligible status, having a pass plan approved, and being provisionally or permanently discharged. DHS will also notify victims if the person under civil commitment has an unauthorized absence or has died.

What kind of input do I have regarding the proposed change in status?

Victims who have requested notification also have a right to submit a written statement regarding decisions of the executive director or the special review board regarding the proposed discharge or release plans.

Can I get notifications if I am the parent of a minor victim?

Yes. Parents of minor victims are considered victims as well. Victims are defined as persons who suffered loss or harm as a result of the crime.

How will I know when an incarcerated person is due to get out of prison?

The Department of Corrections (DOC) has an Offender Locator tool on its website where you can look up an inmate's anticipated release date. You can contact the DOC Victim Assistance – Restorative Justice Unit at 651-361-7250, 800-657-3830, or victimassistance.doc@state.mn.us to request release notification and get support and assistance.

Can the Department of Corrections tell me if a civil commitment petition will be filed?

No. The decision to file a petition for civil commitment is up to the county attorney in the county where the offender was convicted. Victims should contact the county attorney's office with questions about a civil commitment petition. At the time of the offender's release from prison, the DOC can only say that the offender has been transferred to another facility.

Does a DOC inmate go straight from prison to a treatment facility if a petition for civil commitment has been filed?

Not necessarily.

In those cases where the offender is due to be released from prison, the offender may be transferred from prison to the jail in the county where the civil commitment petition has been filed to await the outcome. The offender may instead choose to remain in a DOC facility for up to 210 days during this time. In some circumstances, the person may be placed in a DHS facility or other treatment facility.

What are the laws governing notification to victims in civil commitment cases?

Person who has a mental illness and is dangerous to the public: Minnesota Statutes section 253B.18

Sexually dangerous persons and sexual psychopathic personalities: Minnesota Statutes section 253D.14

Crime victim post-conviction rights: Minnesota Statutes section 611A.06

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