§
Subdivision 1.Licensure.
(a) The executive board shall apply to the commissioner of health to license the secure treatment facilities operated by the Minnesota Sex Offender Program as supervised living facilities with applicable program licensing standards.
(b) The executive board shall apply to the commissioner of human services to license the Minnesota Sex Offender Program as needed to provide program services.
§
Subd. 3.Civilly committed sex offender grievance resolution process.
(a) The executive director shall establish a grievance policy and related procedures that address and attempt to resolve civilly committed sex offender concerns and complaints. The grievance resolution process must include procedures for assessing or investigating a civilly committed sex offender's concerns or complaints, for attempting to resolve issues informally, and for appealing for a review and determination by the executive director or designee.
(b) Any civilly committed sex offender who believes a right that is applicable to an individual under section 144.651 has been violated may file a grievance under paragraph (a) and attempt to resolve the issue internally, or by a complaint with the Minnesota Department of Health, Office of Health Facility Complaints, or both. Complaints filed with the Office of Health Facility Complaints under this paragraph must be processed according to section 144.652.
Notes of Decisions
Cited in
5
cases (
2 in the last 5 years), 2000–2022 · leading case:
Schlumpberger v. Osborne, No. 0:16-cv-00078 (D. Minn. Feb. 26, 2019).
Schlumpberger v. Osborne, No. 0:16-cv-00078 (D. Minn. Feb. 26, 2019).
· cites it 4× “) Further, as Magistrate Judge Leung observed, Minn. Stat. § 246B.03, subd. 3, provides a grievance procedure for civilly committed persons.”
Benson v. Harpstead, No. 0:17-cv-00266 (D. Minn. Mar. 22, 2019).
· cites it 4× “) Similarly, the Magistrate Judge relied on Minn. Stat. § 246B.03, subd. 3(a), to conclude that Defendant Richardson has supervisory liability because, as the Executive Director of MSOP, she has a statutory duty to “‘establish a grievance policy and related procedures that…”
Greene v. Osborne-Leivian, No. 0:19-cv-00533 (D. Minn. Mar. 12, 2021).
· cites it 2× “June 6, 2011) (concluding that even if the plaintiffs had alleged a protected interest, they could not state a procedural due process claim because there is an available and adequate grievance procedure for civilly committed sex offenders (citing Minn. Stat. § 246B.03, subd.…”
Mason v. Johnston, No. 0:19-cv-02597 (D. Minn. Mar. 16, 2022).
· cites it 2× “See Minn. Stat. § 246B.03, subd. 3. B. Mason’s Relationship with Keinanen In 2014, Mason appeared to be developing a relationship with MSOP staff member Cara Keinanen.”
Hince v. O'KEEFE, 613 N.W.2d 784 (Minn. Ct. App. 2000).
“§ 246B.03. Further, the commissioner was directed to adopt rules to govern the operation, maintenance, and licensure of the program at the MSPPTC or at any other facility that the commissioner operates for persons committed as a psychopathic personality.”
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