ST. PAUL, MN - Governor Mark Dayton released the following statement today, following his meeting with Federal District Judge Donovan Frank and legislative leaders regarding the status of the Minnesota Sex Offender Program.
"I want to thank Judge Frank for calling this meeting with many of the stakeholders. And I thank Chief Justice Magnuson for stepping into this new role as Special Master.
"However, I disagree with the Court's June decision regarding the constitutionality of Minnesota's sex offender statute. We have sought to appeal this decision. That request has thus far been denied. I continue to believe that our statute is constitutional and would like to be allowed to appeal the court's decision.
"As Governor, I take an oath to uphold the Constitution of the State of Minnesota. Article 1, section 1 of our Constitution states: "Government is instituted for the security, benefit, and protection of the people." I take most seriously my obligation to uphold the right of every Minnesotan to be secure and protected.
"I will not abdicate my constitutional responsibility to protect the people of Minnesota by agreeing to any changes to the Minnesota Sex Offenders Program that would put innocent people in harm's way.
"Outside of this case, I have recommended to the legislature, and I will continue to support, good public policy to improve the state's administration of the program. Despite the support of some legislative leaders, such as Senate Majority Leader Tom Bakk, Senate Minority Leader David Hann, Senator Warren Limmer, Senator Kathy Sheran, House Minority Leader Paul Thissen, and Representative Tina Liebling, we have been unable to secure either the necessary statutory changes or the requisite public funding for our recommended improvements to the program, which include the following:
"1. The legislature should fund biennial risk assessments of all current and future clients. All initial biennial evaluations/risk assessments would be reviewed by DHS experts and the judicial branch. The cost is estimated to be $7 million per year, including $4 million for evaluations and $3 million for additional court-related activities, including counsel for them.
"The legislature should also fund any additional costs for the judicial branch, in consultation with the Chief Justice.
"2. Funding is urgently needed to build and staff facilities that would house and supervise medically needy populations. That would enable lower-risk patients from the following groups to be transferred to less restrictive settings: those who need nursing home care; those with cognitive limitations; and those appropriate for assisted living or senior housing. (I note that 33 clients are age 70 or older.)
"With those facilities available, DHS would ask the Judicial Branch to prioritize review of those provisional discharge petitions.
"The recommendation for less restrictive alternatives was included in the Task Force report, chaired by Chief Justice Magnuson, in the 2013 bipartisan Sheran-Liebling bill, and in my 2015 budget and bonding proposals.
"Once enough clients have moved to alternative placements, MSOP will be able to close some currently staffed units and repurpose that funding to pay for the ongoing annual costs of these alternative facilities.
"The costs to establish less restrictive settings are estimated to be about $10 to $15 million per year in construction and annual operating costs for each of the three programs, depending upon whether each would be a new facility or the retrofitting of an existing nursing home."
