Minnesota Statutes

Minn. Stat. § 246B.04 (2026)

Rules; Evaluation

✓ current as of May 2026

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Subdivision 1.Program rules.

The executive board shall adopt rules to govern the operation and maintenance of secure treatment facilities operated by the Minnesota Sex Offender Program or at any other facility operated by the executive board for a person committed as a sexual psychopathic personality or a sexually dangerous person.

Subd. 1a.

MS 2024 [Repealed, 2025 c 38 art 3 s 87]

Subd. 2.Ban on obscene material or child sexual abuse material.

The executive board shall prohibit persons civilly committed as sexual psychopathic personalities or sexually dangerous persons under chapter 253D from having or receiving material that is obscene as defined under section 617.241, subdivision 1, material that depicts sexual conduct as defined under section 617.241, subdivision 1, or child sexual abuse material as defined under section 617.246, subdivision 1, while receiving services in any secure treatment facilities operated by the Minnesota Sex Offender Program or any other facilities operated by the executive board.

Subd. 3.Access to data.

The Minnesota Sex Offender Program shall have access to private data contained in the statewide supervision system under section 241.065, as necessary for the administration and management of current civilly committed sex offenders for the purposes of admissions, treatment, security, and supervision. The program shall develop a policy to allow individuals who conduct assessment, develop treatment plans, oversee security, or develop reintegration plans to have access to the data. The commissioner of corrections shall conduct periodic audits to determine whether the policy is being followed.

Notes of Decisions

Cited in 5 cases (3 in the last 5 years), 2000–2023 · leading case: Benson v. Harpstead (D. Minnesota 2019).

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Benson v. Harpstead (D. Minnesota 2019). · cites it 6× “7 The Magistrate Judge concluded that Minn. Stat. §§ 246B.04, subd. 1, and 246B.”

Daywitt v. Harpestead (D. Minnesota 2023). · cites it 4× “(citing Minn. Stat. § 246B.04, subd. 2). “Clients within the secure treatment facilities operated by MSOP are not permitted to use the internet.”

Eugene C. Banks v. Dakota Cnty. Bd. of Commissioners (Minn. Ct. App. 2023). · cites it 2× “” Minn. Stat. § 246B.04. Further, the liability of a county in which a civilly committed sex offender resides immediately before commitment is only to “pay to the state a portion of the cost of care provided in [MSOP].”

Cox v. Comm'r Of Dep't of Human Servs. (D. Minnesota 2022). · cites it 2× “) A different statute, Minn. Stat. § 246B.04, subd. 1, expressly authorizes the DHS Commissioner to “adopt rules to govern the operation, maintenance, and licensure of secure treatment facilities operated by the Minnesota Sex Offender Program or at any other facility operated by…”

Hince v. O'KEEFE, 613 N.W.2d 784 (Minn. Ct. App. 2000). “§ 246B.04. Consistent with this directive, the commissioner promulgated such rules.”

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