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

Minn. Stat. § 253D.31 (2026)

Discharge

✓ current as of May 2026
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A person who is committed as a sexually dangerous person or a person with a sexual psychopathic personality shall not be discharged unless it appears to the satisfaction of the judicial appeal panel, after a hearing and recommendation by a majority of the special review board, that the committed person is capable of making an acceptable adjustment to open society, is no longer dangerous to the public, and is no longer in need of treatment and supervision.

In determining whether a discharge shall be recommended, the special review board and judicial appeal panel shall consider whether specific conditions exist to provide a reasonable degree of protection to the public and to assist the committed person in adjusting to the community. If the desired conditions do not exist, the discharge shall not be granted.

Notes of Decisions
Cited in 18 cases (5 in the last 5 years), 2014–2024 · leading case: Karsjens v. Jesson, 6 F. Supp. 3d 916 (D. Minnesota 2014).
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Karsjens v. Jesson, 6 F. Supp. 3d 916 (D. Minnesota 2014). · cites it 6× “Minn.Stat. § 253D.31. . In other words, an individual may be initially committed to MSOP on proof of satisfaction of the statutory SPP or SDP criteria (see Minn.”
In re Poole, 921 N.W.2d 62 (Minn. Ct. App. 2018). · cites it 14× “Poole appeals, arguing that (a) at the first-phase hearing, the panel should not have admitted, and should not have considered, the testimony and report of the panel's examiner; (b) the panel should not have granted the county's motion to dismiss Poole's petition; and (c) the…”
Larson v. Jesson, 847 N.W.2d 531 (Minn. Ct. App. 2014). · cites it 4× “” Minn.Stat. § 253D.31 (Supp.2013). In determining whether to order a discharge, the judicial appeal panel must consider “whether specific conditions exist to provide a reasonable degree of protection to the public and to assist the committed person in adjusting to the community.”
Kevin Scott Karsjens v. Emily Johnson Piper, 845 F.3d 394 (8th Cir. 2017). “” Minn. Stat. Ann. § 253D.31. 6 . "The Supreme Court shall establish an appeal panel composed of three judges and four alternate judges appointed from among the acting judges of the state.”
Karsjens v. Jesson, 109 F. Supp. 3d 1139 (D. Minnesota 2015). · cites it 2× “” Minn.Stat. § 253D.31. In determining whether a discharge shall be recommended, the SRB and the SCAP “shall consider whether specific conditions exist to provide a reasonable degree of protection to the public and to assist the committed person in adjusting to the community.”
Karsjens v. Jesson, 6 F. Supp. 3d 958 (D. Minnesota 2014). · cites it 2× “” Minn. Stat. § 253D.31. The Minnesota Supreme Court has found that the discharge provisions of the civil commitment statutes to be constitutional, but stated that a person can only be "confined for only so long as he or she continues both to need further inpatient treatment and…”
Bradley Wayne Foster v. Lucinda Jesson, Comm'r of Human Servs., 857 N.W.2d 545 (Minn. Ct. App. 2014). · cites it 2× “” Minn.Stat. § 253D.31 (Supp.2013). Dr. Reitman testified that appellant did not meet these cri *550 teria and should not be discharged.”
Darrin Rick v. Jodi Harpstead, 110 F.4th 1055 (8th Cir. 2024). “Minn. Stat. § 253D.31 (emphases added); Karsjens v.”
James Adam Roth v. Emily Johnson Piper, Comm'r of Human Servs. (Minn. Ct. App. 2016). · cites it 6× “” Minn. Stat. § 253D.31 (2014). The panel must consider “whether specific conditions exist to provide a reasonable degree of protection 4 to the public and to assist the committed person in adjusting to the community.”
David Leroy Gamble v. Emily Johnson Piper, Comm'r of Human Servs. (Minn. Ct. App. 2016). · cites it 6× “5 Minn. Stat. § 253D.31 (2014). Gamble was committed as an SDP and is required to remain in civil commitment unless he can show that he “is capable of making an acceptable adjustment to open society, is no longer dangerous to the public, and is no longer in need of inpatient…”
In the Matter of the Civil Commitment of: Jeremiah Jerome Johnson (Minn. Ct. App. 2023). · cites it 3× “1(b)(1), and not entitled to full discharge unless they no longer need treatment and supervision at all, Minn. Stat. § 253D.31. None of the evidence Johnson presented to the CAP satisfies the discharge criteria.”
Dezeray Marie Roblero-Barrios v. Lucinda Jesson, Comm'r of Human Servs. (Minn. Ct. App. 2014). · cites it 4× “” Minn. Stat. § 253D.31 (Supp. 2013). The judicial appeal panel must consider “whether specific conditions exist to provide a reasonable degree of protection to the public and to assist the committed person in adjusting to the community.”
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