In Minnesota, convicted sex offenders can be held in civil commitment long after they complete their prison sentences.

In one local case, A St. Cloud man scheduled to be released from prison this spring has voluntarily agreed to be committed to the Minnesota State Sex Offender Program. Stearns County originally petitioned to have him indefinitely confined to the program; had the man not agreed, he would have been put through a trial to determine whether he qualified for commitment.

The man has a history of sex offenses dating back to 1979. His most recent incarceration came after he tried to force his way into two St. Cloud women's vehicles.

Previously, he had been convicted of crimes including rape and attempted sexual assault.

Minnesota Civil Commitment for Sex Offenders

Minnesota law allows convicted sex offenders to be indefinitely detained in civil commitment if the state determines that they either have a "sexual psychopathic personality" or qualify as a "sexually dangerous person."

People can be deemed as having a sexual psychopathic personality if, because of a mental or emotional condition, they meet the following three criteria:

  • They have engaged in habitual sexual misconduct
  • They lack to the power to control their sexual impulses
  • Their inability to control their impulses poses a danger to other people

People who have the ability to control their sexual impulses can still be civilly committed. These people are labeled as sexually dangerous persons and will be committed if the state proves they meet the following three conditions:

  • They have engaged in repeated harmful sexual misconduct that has a substantial likelihood of inflicting physical or emotional harm on another person
  • They have a sexual, mental or personality disorder
  • They are likely to commit more harmful sexual conduct if released

By law, offenders can be held until the state is satisfied that they no longer pose a risk to the public. In reality, this means most offenders will be held for the remainder of their lives. No one has been released from the Minnesota State Sex Offender program since it was created in 1994.

Because the penalties for a Minnesota sex crime can be so severe, it's important to have excellent legal representation from the very beginning of the process. If you're facing charges, contact a St. Cloud sex offenses attorney right away.

Source: St. Cloud Times, "Sex Offender Agrees to Civil Commitment," David Unze, Jan. 9, 2012.