Minn. Stat. » CHAPTER 253D. CIVIL COMMITMENT AND TREATMENT OF SEX OFFENDERS
Minnesota Statutes

Minn. Stat. § 253D.27 (2026)

Petition For Reduction In Custody

✓ current as of May 2026
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Subdivision 1.Victim notification.

(a) This section applies only to committed persons as defined in section 253D.02, subdivision 4. The procedures in section 253D.14 for victim notification and right to submit a statement apply to petitions filed and reductions in custody recommended under this section.

(b) For the purposes of this section, "reduction in custody" means transfer out of a secure treatment facility, a provisional discharge, or a discharge from commitment. A reduction in custody is considered to be a commitment proceeding under section 8.01.

Subd. 2.Filing.

A petition for a reduction in custody or an appeal of a revocation of provisional discharge may be filed by either the committed person or by the executive director and must be filed with and considered by a panel of the special review board authorized under section 253B.18, subdivision 4c. A committed person may not petition the special review board any sooner than six months following either:

(1) the entry of judgment in the district court of the order for commitment issued under section 253D.07, subdivision 5, or upon the exhaustion of all related appeal rights in state court relating to that order, whichever is later; or

(2) any recommendation of the special review board or order of the judicial appeal panel, or upon the exhaustion of all appeal rights in state court, whichever is later. The executive director may petition at any time. The special review board proceedings are not contested cases as defined in chapter 14.

Subd. 3.Hearing.

(a) The special review board shall hold a hearing on each petition before issuing a recommendation and report under subdivision 4. Fourteen days before the hearing, the committing court, the county attorney of the county of commitment, the county attorney of the county of financial responsibility, an interested person, the petitioner and the petitioner's counsel, and the committed person and the committed person's counsel must be given written notice by the executive board of the time and place of the hearing before the special review board. Only those entitled to statutory notice of the hearing or those administratively required to attend may be present at the hearing. The committed person may designate interested persons to receive notice by providing the names and addresses to the executive board at least 21 days before the hearing.

(b) A person or agency receiving notice that submits documentary evidence to the special review board before the hearing must also provide copies to the committed person, the committed person's counsel, the county attorney of the county of commitment, and the county attorney of the county of financial responsibility. The special review board must consider any statements received from victims under section 253D.14.

Subd. 4.Report.

Within 30 days of the hearing, the special review board shall issue a report with written findings of fact and shall recommend denial or approval of the petition to the judicial appeal panel established under section 253B.19. The executive board shall forward the report of the special review board to the judicial appeal panel and to every person entitled to statutory notice. No reduction in custody or reversal of a revocation of provisional discharge recommended by the special review board is effective until it has been reviewed by the judicial appeal panel and until 15 days after an order from the judicial appeal panel affirming, modifying, or denying the recommendation.

Notes of Decisions
Cited in 16 cases (7 in the last 5 years), 2014–2025 · leading case: Kevin Scott Karsjens v. Emily Johnson Piper, 845 F.3d 394 (8th Cir. 2017).
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Kevin Scott Karsjens v. Emily Johnson Piper, 845 F.3d 394 (8th Cir. 2017). · cites it 6× “5 ” Minn. Stat. Ann. § 253D.27. The petition is “filed with and considered by a panel of the special review board.”
Karsjens v. Jesson, 109 F. Supp. 3d 1139 (D. Minnesota 2015). · cites it 8× “Minn.Stat. § 253D.27, subds. 1 & 2. 133. At least six months after initial commitment or a final decision on a prior petition, a committed individual or the Executive Director of the MSOP may file a petition for a reduction in custody with the SRB.”
Larson v. Jesson, 847 N.W.2d 531 (Minn. Ct. App. 2014). · cites it 2× “Minn.Stat. § 253D.27, subds. 1, 2 (Supp.2013).”
In re the Civil Commitment of Kropp, 895 N.W.2d 647 (Minn. Ct. App. 2017). · cites it 2× “Minn. Stat. § 253D.27, subd. 2 (2016). The petition must then be considered by a panel of the SRB.”
Darrin Rick v. Jodi Harpstead, 110 F.4th 1055 (8th Cir. 2024). “at 394–95; see Minn. Stat. § 253D.27, subd. 2 (authorizing the filing of a discharge petition six months after a previous denial).”
In the Matter of the Civil Commitment of: Michael Benson (Minn. 2024). · cites it 12× “1 (2022); see also Minn. Stat. § 253D.27, subd. 4 (2022). 4 “Pro se” is a Latin term that means “[f]or oneself; on one’s own behalf; without a lawyer.”
Rud v. Johnston (D. Minnesota 2023). · cites it 4× “) Minn. Stat. § 253D.27, subd. 2. A Special Review Board (“SRB”) reviews petitions pursuant to Minn.”
In the Matter of the Civil Commitment of: Rodger Dean Robb II (Minn. Ct. App. 2024). · cites it 4× “Minn. Stat. § 253D.27, subd. 2 (2022). If the SRB recommends the CAP deny the petition, then the committed person may petition for “rehearing and reconsideration” by the CAP of the SRB recommendation.”
Ricky Lee McDeid v. Lucinda Jesson, Comm'r of Human Servs. (Minn. Ct. App. 2015). · cites it 6× “See Minn. Stat. § 253D.27, subd. 2 (2014) (establishing that a committed person may repetition the SRB for transfer six months after the exhaustion of appeals).”
Karsjens v. Minnesota Dep't of Human Servs. (D. Minnesota 2022). · cites it 3× “at 538 ; (d) placement in any specific facility is neither arbitrary or purposeless, see Minn. Stat. § 253D.27; and (e) finding no constitutional violation, the Court must defer to Defendants’ execution of polices and practices that in their judgment is necessary to preserve…”
Christopher R. Coker, (A15-1439, A15-1445), (A15-1606) v. Emily Johnson Piper, Comm'r of Human Servs., (A15-1439), (A15-1606), Hennepin Cnty., (A15-1445). (Minn. Ct. App. 2016). · cites it 2× “After serving prison sentences for the crimes, he was indeterminately civilly committed to MSOP as a sexually-dangerous person in March 2000. A person who is committed as a sexually- dangerous person may petition the special review board for a discharge or a provisional…”
James Adam Roth v. Emily Johnson Piper, Comm'r of Human Servs. (Minn. Ct. App. 2016). · cites it 2× “Minn. Stat. § 253D.27, subd. 2 (2014). If the board recommends denying the petition, the person may ask the judicial appeal panel to reconsider the special review board’s recommendation.”
Show all 16 citing cases →
— Minn. Stat. § 253D.27(2) — 1 case
Kevin Scott Karsjens v. Emily Johnson Piper, 845 F.3d 394 (8th Cir. 2017). “5 ” Minn. Stat. Ann. § 253D.27. The petition is “filed with and considered by a panel of the special review board.”
— Minn. Stat. § 253D.27(3) — 1 case
Kevin Scott Karsjens v. Emily Johnson Piper, 845 F.3d 394 (8th Cir. 2017). “5 ” Minn. Stat. Ann. § 253D.27. The petition is “filed with and considered by a panel of the special review board.”
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