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Supreme Court has declined to hear a case challenging the constitutionality of Minnesota's treatment system for sex offenders, another setback to a long-standing series of efforts to reform the program. Peter, has been the target of repeated legal challenges for its practice of confining offenders indefinitely after they have already completed their prison terms. Civil rights attorneys and some state legislators have been pushing for changes that would put offenders on a faster path toward release.
A class of sex offenders sued the state in , arguing during a six-week trial that Minnesota's system violated their due-process rights under the U. Constitution by depriving them of access to the courts and other basic safeguards found in the criminal justice system. In June , U. District Judge Donovan Frank in St. Paul declared the MSOP unconstitutional, citing the program's low rate of release and lack of regular risk evaluations of offenders.
But after reviewing the program, a three-judge panel of the Eighth U. Circuit Court of Appeals in St. Louis concluded earlier this year that Minnesota provided adequate constitutional protections, including the right to petition for release. Supreme Court decision not to hear the case, announced Monday morning, effectively upholds the appellate panel's decision.
Dan Gustafson, the lead attorney for the class of sex offenders who sued over the program, expressed disappointment Monday that justices wouldn't review an appellate opinion that he said "essentially removes the possibility of federal court review of state action dealing with fundamental rights.
Gustafson said that remaining challenges to the MSOP now are limited to state court litigation or changes imposed by the Legislature. For now, however, he said his clients "continue to face the prospect of lifetime commitment at MSOP that admittedly fails to safeguard their rights. The Supreme Court's decision "should concern everyone who believes that the federal courts should jealously guard the constitutional rights of groups of unpopular citizens threatened by popular political decisions," Gustafson said in a statement.
To date, just one offender has been fully discharged from the MSOP in its more than year history, while 15 have been conditionally discharged. Of those, eight are now living in the community. As of Friday, 89 people were living in a private residence on the St. Peter campus that is outside of the secure facility.
An additional 21 offenders are waiting for beds to open there, according to the state. Paul and author of a book on sex offender commitment laws, also pointed to the state courts for the possible next challenge to the MSOP, citing the roughly 80 community residency restrictions across Minnesota that could hold up the placement of some sex offenders scheduled for release. But on Monday, Emily Piper, commissioner of the Minnesota Department of Human Services, struck a triumphant tone, describing the Supreme Court's decision as validating, "given the criticism the Minnesota Sex Offender Program has faced.
Stephen Montemayor covers federal court and law enforcement in Minnesota. He has broken stories on terrorism recruitment and domestic extremism and has also reported extensively on how Mexican drug cartels have designated the Twin Cities as a key hub for methamphetamine trafficking in the Upper Midwest. Frank noted that several such cases are pending, and more may now follow.
The only remaining issue is whether the state or the plaintiffs should pay the costs of some court-appointed experts who studied the program. Frank said he would decide that later. This material may not be published, broadcast, rewritten or redistributed. After all, they just made a few bad choices. You are commenting using your Twitter account. You are commenting using your Facebook account.
Notify me of new comments via email. Notify me of new posts via email. This site uses Akismet to reduce spam. Learn how your comment data is processed. Warm Wednesday To Bring Afternoon Storms, Significant Tornado Threat For Wisconsin Warm air surging up from the plains Wednesday will bring temperatures in Minnesota into the 70s before clashing with a cold front in the afternoon, creating the possibility for severe storms.
Weather officials also expect the dynamic to create a significant tornado threat for northern Wisconsin. Stream 5 LSU Vs. Fantasy Football Week 5: Olaf College awaits scientific evidence to determine whether a decades-old campus painting was created by famous Norwegian painter Edvard Munch.
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