ST. PAUL — The chairman of the Senate's judiciary panel warned Monday that if Minnesota lawmakers don't reform the state's imperiled sex offender treatment program in their upcoming session, a judge may do it for them.
Judiciary Committee Chairman Ron Latz urged quick action to avoid an embarrassing legal finding that the state is unconstitutionally detaining some former sex offenders who have completed their prison sentences. Other lawmakers raised an even more primal fear: that such a ruling could result in the sudden release of sex offenders whom the state has kept in custody for years out of concern they still represent a threat.
There are currently 690 people in the Minnesota Sex Offender Program, most of them indefinitely committed to treatment in Moose Lake and St. Peter after finishing prison terms. In the program's 19-year history, only one person has been released from custody, and U.S. Magistrate Judge Arthur Boylan has told state officials to change the program or risk being ordered to do so.
"The court's not going to wait forever for us to do our job," said Latz, DFL-St. Louis Park. He said the legislative session that starts at the end of February would likely be legislators' last chance of avoiding judicial intervention.
The state Senate passed a bill last year that created less restrictive options for people program who achieve certain treatment goals, but it never got a vote in the House. In the meantime, the case of one convicted sex offender seeking to be released has recently become tied up in politics.
Democratic Gov. Mark Dayton and his human services commissioner have not opposed the release of Thomas Duvall, a convicted multiple racist whom a state review panel said meets the criteria to be released. GOP state Rep. Kurt Zellers, who wants to run against Dayton next November, has criticized the governor for that stance. In response, Dayton last week said he would not support any other requests for release until after the Legislature changes the program.