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Subdivision 1.Commitment generally.
Before commitment proceedings are instituted, the facts shall first be submitted to the county attorney, who, if satisfied that good cause exists, will prepare the petition. The county attorney may request a prepetition screening report. The petition is to be executed by a person having knowledge of the facts and filed with the district court of the county of financial responsibility, as defined in section 253B.02, subdivision 4c, or the county where the respondent is present. If the respondent is in the custody of the commissioner of corrections, the petition may be filed in the county where the conviction for which the person is incarcerated was entered.
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Subd. 2.Petition.
Upon the filing of a petition alleging that a proposed respondent is a sexually dangerous person or a person with a sexual psychopathic personality, all of the applicable procedures contained in sections 253B.07 and 253B.08 apply to the commitment proceeding.
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Subd. 3.Secure treatment facility.
If the court finds by clear and convincing evidence that the respondent is a sexually dangerous person or a person with a sexual psychopathic personality, the court shall commit the person to a secure treatment facility unless the person establishes by clear and convincing evidence that a less restrictive treatment program is available, is willing to accept the respondent under commitment, and is consistent with the person's treatment needs and the requirements of public safety.
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Subd. 4.Period of commitment.
After a determination that a respondent is a sexually dangerous person or a person with a sexual psychopathic personality, the court shall order commitment for an indeterminate period of time and the committed person shall be transferred, provisionally discharged, or discharged, only as provided in this chapter.
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Subd. 5.Not to constitute defense.
The existence in any person of a condition of a sexual psychopathic personality or the fact that a person is a sexually dangerous person shall not in any case constitute a defense to a charge of crime, nor relieve such person from liability to be tried upon a criminal charge.
Notes of Decisions
Cited in
31
cases (
12 in the last 5 years), 2014–2026 · leading case:
Karsjens v. Jesson, 109 F. Supp. 3d 1139 (D. Minnesota 2015).
Karsjens v. Jesson, 109 F. Supp. 3d 1139 (D. Minnesota 2015).
· cites it 9× “Minn.Stat. § 253D.07, subd. 1. 19. To be civilly committed to the MSOP, an individual must be found to be a SPP and/or SDP under the MCTA.”
In the Matter of the CIVIL COMMITMENT OF: Brent Charles NIELSEN, 863 N.W.2d 399 (Minn. Ct. App. 2015).
· cites it 16× “” Minn.Stat. § 253D.07, .subd. 1. If the inmate was convicted of criminal sexual conduct, criminal sexual predatory conduct, or sentenced as a patterned offender, the commissioner of corrections can investigate whether a petition may be appropriate and forward that determination…”
Kevin Scott Karsjens v. Emily Johnson Piper, 845 F.3d 394 (8th Cir. 2017).
“Minn. Stat. Ann. § 253D.07(1)-(2). If the county attorney demonstrates by clear and convincing evidence that a person is a sexually dangerous person or has a sexual psychopathic personality, “the court shall order commitment for an indeterminate period of time and the committed…”
David Gamble v. Minnesota State-Operated Svcs, 32 F.4th 666 (8th Cir. 2022).
“See generally Minn. Stat. §§ 253D.07, subd. 3 (requiring civil commitment when a person has a “sexual psychopathic personality” or is “a sexually dangerous person”); 253D.”
In the Matter of the Civil Commitment of: Dwayne Qutez Irving (Minn. Ct. App. 2025).
· cites it 6× “Minn. Stat. § 253D.07, subd. 3. The district court found that “Irving did not present any evidence that there is a less restrictive treatment program [than MSOP] available or willing to accept him as a possible alternative to commitment.”
In the Matter of the Civil Commitment of: Jeremy Michael Bilder. (Minn. Ct. App. 2015).
· cites it 10× “UNPUBLISHED OPINION CONNOLLY, Judge Appellant argues that (1) civilly committing him to the Minnesota Sex Offender Program (MSOP) was not the least restrictive alternative under Minn. Stat. § 253D.07, subd. 3 (2014); (2) the district court erred in committing him as a sexually…”
In the Matter of the Civil Commitment of: Jamie Allen Andrews. (Minn. Ct. App. 2016).
· cites it 4× “Andrews styles this alternative as a “less restrictive treatment program” under Minn. Stat. § 253D.07, subd. 3. But that subdivision refers to the treatment facility chosen by the court when a person is committed; it does not refer to alternatives to commitment.”
— Minn. Stat. § 253D.07(1) — 1 case
Kevin Scott Karsjens v. Emily Johnson Piper, 845 F.3d 394 (8th Cir. 2017).
“Minn. Stat. Ann. § 253D.07(1)-(2). If the county attorney demonstrates by clear and convincing evidence that a person is a sexually dangerous person or has a sexual psychopathic personality, “the court shall order commitment for an indeterminate period of time and the committed…”
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