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>> A SENATE COMMITTEE SEARCHES
FOR WAYS TO TIGHTEN SEX
OFFENDER LAWS.
AND A GROUP WANTS THE GOVERNOR
TO HALT THE WOLF HUNT.
WE EXPLAIN IN THIS WEEK'S
"CAPITOL REPORT."
♪
>> HELLO, EVERYBODY, AND
WELCOME TO THIS WEEK'S
"CAPITOL REPORT."
I'M JULIE BARTKEY.
THE CONSTITUTIONALITY OF
MINNESOTA'S SEX FORND
TREATMENT PROGRAM IS BEING
SCRUTINIZED.
A SENATE COMMITTEE IS LOOKING
INTO OPTIONS TO REFORM THAT
PROGRAM.
THE SENATE JUDICIARY COMMITTEE
RECEIVED AN OVERVIEW OF THE
CIVIL COMMITMENT COMPONENT OF
THE SEX OFFENDER STATUTE WHICH
IS THE HEART OF THE
CONTROVERSY.
>> WITH THE INCREASE IN
POPULATION, THERE WAS THE
ATTENDANT INCREASE IN ISSUES
RELATED TO THAT GROWTH.
SO IN JUNE OF -- AT THE END OF
JUNE IN 2003, THE NUMBER OF
MSP CLIENTS STOOD AT 1999.
TODAY IT IS 698, SO THERE'S
BEEN ROUGHLY A TRIP 'EM
WILLING OR MORE OVER -- A
TRIMMING OR MORE OVER THE
YEARS SINCE 2003.
A LOT OF THAT INCREASE CAME
QUITE QUICKLY AFTER DECEMBER
OF 2003, SOME YEARS HAVING --
ONE YEAR HAVING AN INCREASE OF
99 CLIENTS ALONE.
NOW, REMEMBER, THE MSOP MOOSE
LAKE FACILITY HAD BEEN BONDED
FOR 100 BEDS.
THERE HAD BEEN ADDITIONAL
EXPANSION IN 1999 OR 2000 TO
ADD ANOTHER 50 BEDS SO, 150,
BUT CERTAINLY NOT ENOUGH TO
KEEP PACE WITH THE INCREASE IN
POPULATION.
WITH THAT, THE ISSUES DURING
THIS SURGE PERIOD FOR MSOP, IN
ADDITION TO PROVIDING
TREATMENT FOR ANY INDIVIDUAL
WHO WANTED -- WHO ELECTED TO
PARTICIPATE IN TREATMENT,
THERE WAS THE ISSUE OF FINDING
BED SPACE, FINDING DINING
SPACE, ENSURING THE PROTECTION
OF THE PUBLIC THROUGH A SECURE
TREATMENT FACILITY.
>> WE'RE TALKING ABOUT
COMMITTING INDIVIDUALS WHO
HAVE SERVED THEIR TIME FOR
THEIR CRIMINAL OFFENSE.
WE'RE COMMITTING THEM CIVILLY
BECAUSE WE ARE AFRAID THEY MAY
DO SOMETHING BAD IN THE
FUTURE.
AND WHILE THE PUBLIC SAFETY
CONCERNS ARE SIGNIFICANT AND
THESE ARE REAL THREATS THAT
NEED TO BE DEALT WITH, THEY
NEED TO BE DEALT WITH IN A
CONSTITUTIONAL FASHION.
>> WE ARE IN A PLACE WHERE WE
HAVE MUCH MORE SEVERE
SENTENCING POLICIES THAN WE
USED TO, AND WE ARE BEGINNING
TO UTILIZE THE TOOLS THAT HAVE
BEEN GIVEN TO THE CRIMINAL
JUSTICE SYSTEM TO INCARCERATE
OFFENDERS THAT WARRANT IT FOR
A MUCH LONGER PERIOD OF TIME.
>> CHAIR OF THE SENATE
JUDICIARY COMMITTEE, RON LATZ,
JOINS ME RIGHT NOW TO TALK
ABOUT THE HEARING.
THANKS FOR JOINING US.
WE APPRECIATE YOUR TIME.
>> MY PLEASURE, JULIE.
>> SENATOR, LET'S BEGIN.
THE BIG QUESTION HERE IS --
THAT WAS BROUGHT UP IN THE
HEARING, CAN YOU LOCK SOMEONE
UP FOR A CRIME THEY HAVEN'T
YET COMMITTED?
IT SEEMS TO BE THE HEART OF
THE ISSUE, WITH TREATMENT
BEING THE LINCHPIN, ACCORDING
TO JUSTICE MAGNUSON.
THE ARGUMENT IN MINNESOTA IS
NO ONE IS TREATED AND NO ONE
GETS OUT, JUST CIVILLY
COMMITTED.
DO YOU CONCUR WITH THIS?
>> WELL, HISTORY HAS SORT OF
PROVEN THAT TO BE THE CASE SO
THAT ARE.
WE HAD THE CIVIL COMMITMENT
PROCESS FOR MANY, MANY YEARS,
BUT MOST INTENSIVELY, WITH THE
HIGH VOLUME OF POPULATION FOR
THE LAST 20 YEARS, AND IN THAT
TIME, ONLY ONE PERSON HAS
GOTTEN OUT.
SO, YEAH, THAT SEEMS TO BE THE
CASE RIGHT NOW.
SO THE QUESTION IS
CONSTITUTIONAL LEASHING
WITHOUT REAL TREATMENT, AND
WITHOUT REAL PROGRESS, CAN WE
CONTINUE TO HOLD THEM, OR IS
IT DE FACTO JUST A LIFETIME
SENTENCE TO PRISON.
>> WHAT WERE SOME OF THE BIG
RED FLAGS THAT YOU HEARD
TODAY, SOME OF THE KEY ISSUES
THAT MADE YOU THINK THEY NEED
TO BE ADDRESSED, QUICKLY?
>> WELL, I THINK IT'S
IMPORTANT TO RECOGNIZE SOME OF
THE POINTS THAT CAME UP IN OUR
LAST DISCUSSION, THAT THIS
NEED TO BE COMPARTMENTALIZED.
WE HAVE A POPULATION THAT'S
CURRENTLY ABOUT 700 PEOPLE IN
THE CIVIL COMMITMENT SYSTEM,
AND THE LAWSUIT THAT'S DRIVING
THIS AGENDA RIGHT NOW IN TERMS
OF A TIME FRAME IS ABOUT THOSE
PEOPLE.
SO NO MATTER WHAT WE DO ON THE
CRIMINAL SENTENCING SIDE, IF
WE DO ANYTHING, IT'S NOT GOING
TO AFFECT THE POPULATION THAT
HAS ALREADY CONCLUDED THEIR
CRIMINAL SENTENCE AND HAS BEEN
COMMITTED INTO THE STATE SEX
OFFENDER PROGRAM.
SO WE HAVE TO MAKE REAL
DECISIONS ABOUT THE STATUS OF
THAT SEX OFFENDER PROGRAM, HOW
TO ENSURE THAT WHEN THE
PERSONS ARE PROPERLY PLACED IN
TERMS OF THE LEVEL OF
SUPERVISION AND CARE AND
TREATMENT IN THAT SYSTEM, AND
THAT THEY GET REGULAR REVIEW
AND WHEN APPROPRIATE, THEY ARE
IN FACT RELEASED.
>> Mr. CHAIR, LET'S TALK A
LITTLE BIT ABOUT THOSE
SENTENCING OPTIONS.
IN THE HEARING, YOU HARD A
LITTLE BIT ABOUT A DIFFERENT
BLEND OF CIVIL COMMITMENTS AND
OTHER SENTENCING OPTIONS THAT
OTHER STATES DO USE.
FOR INSTANCE, IDENTIFICATION
AS A SEX OFFENDER BEING PLACED
ON SOMEBODY'S DRIVER'S
LICENSE.
WAS THERE ANYTHING -- I KNOW
IT'S EARLY BUT WAS THERE
ANYTHING THAT RESONATED WITH
YOU AND AS WE WERE SAYING
OFF-CAMERA, THE SENTENCING
PORTION OF THIS ISSUE WASN'T
DISCUSSED IN LAST YEAR'S
SENATE -- IN THE BILL THAT
PASSED THE SENATE SO IS THIS
SOMETHING THAT YOU THINK MEETS
MERIT AND DID ANYTHING
RESONATE?
>> WELL, SOME OF IT DID.
WE HAVE TO RECOGNIZE THAT
WE'VE -- IN THE SENATE, OR IN
MINNESOTA, WE MADE A LOT OF
VERY SIGNIFICANT CHANGES IN
SENTENCING, PARTICULARLY IN
RESPONSE TO 2005 REPORT BY THE
SENTENCING GUIDELINES
COMMISSION, WHEN THERE WAS
QUITE A DRAMATIC EXPANSION AND
LENGTHENING OF CRIMINAL
SENTENCES FOR SEX OFFENDER,
PARTICULARLY THE WORST OF THE
WORST, CAN NOW BE SENTENCED TO
LIFE IN PRISON WITHOUT EVEN
THE POSSIBILITY OF PAROLE.
SO I PERSONALLY THINK WE'VE
GOT A VERY ROBUST SENTENCING
SCHEME IN PLACE FOR PEOPLE WHO
COMMIT CRIMES NOW.
EACH BASED ON THEIR PAST
CRIMES BECAUSE THEY GET MORE
CREDIT, IF YOU WILL, MORE
SIGNIFICANCE TO THEIR CRIMINAL
HISTORY WHEN THEY'RE SENTENCED
TO RENEW OFFENSES NOW.
SO I THINK WE'VE DONE A LOT
THERE ALREADY AND WHILE WE CAN
CERTAINLY TAKE A LOOK AT THAT,
I DON'T THINK THAT OUGHT TO BE
OUR MOST IMPORTANT FOCUS RIGHT
NOW.
I THINK THERE ARE A VARIETY OF
OPPORTUNITIES FOR WHAT WE CAN
DO WHEN PEOPLE GET RELEASED,
OR WHEN PEOPLE GET
TRANSITIONED FROM THE MOST
SECURE KIND OF FACILITIES TO
OTHER FACILITIES THAT STILL
HAVE INTENSE OVERSIGHT AND
SUPERVISION.
AND THAT COULD INCLUDE THE
OPTION SUCH AS WHAT THEY HAVE
RIGHT NOW, WHICH IS A 24/7
ONGOING GPS SYSTEM SO WE KNOW
EXACTLY WHERE THEY ARE AT
EVERY SECOND OF THE DAY,
ONGOING SUPERVISION, REGULAR
MEETINGS WITH PAROLE OFFICERS
AND SUPERVISORY PERSONNEL,
ONGOING TREATMENT, CHECKING
IN, LIVING IN FACILITIES WHERE
THEY HAVE 24/7 PERSONNEL THAT
ARE MONITORING THEIR
ACTIVITIES AND ARE IN
COMPLIANCE WITH THE
REQUIREMENTS, AND THOSE KIND
OF THINGS COULD ALSO INCLUDE
OTHER CHECK-INS, WE TALK ABOUT
DRIVER'S LICENSE MONITORING,
AND OTHER TECHNIQUES THAT
WOULD MAINTAIN THAT LEVEL OF
SUPERVISION AND CONTROL BUT
RECOGNIZING THAT THEY'RE NO
LONGER SERVING A PRISON
SENTENCE.
>> OBVIOUSLY PUBLIC SAFETY IS
A CONCERN FOR EVERYBODY HERE
IN THE LEGISLATURE.
HOW DO YOU AS CHAIR NAVIGATE
THE CONCERNS OF THE PUBLIC
WITH WHAT THE FEDERAL COURTS
MAY OR MAY NOT DO, IF
MINNESOTA DOESN'T MAKE SOME
CHANGES?
>> WELL, I WOULD PUT IT TWO
WAYS.
ONE IS, WHILE THE TED COURTS
ARE DRIVING THE TIMELINE RIGHT
NOW -- WHILE THE FEDERAL
COURTS ARE DRIVING THE
TIMELINE RIGHTS NOW, WE AS
LEGISLATORS, PARTICULARLY
THOSE OF US ON THE JUDICIARY
COMMITTEE, HAVE A DUTY TO HAVE
A SYSTEM -- IMPLEMENT A SYSTEM
THAT IS CONSTITUTIONAL, THAT
ADHERES TO THE CONSTITUTIONAL
PRINCIPLES, NOT JUST A PIECE
OF PAPER BECAUSE IT'S THE
CONSTITUTION, BECAUSE OF THE
CONSTITUTION THEY EMBODY.
SO WE HAVE THAT OBLIGATION
JUST AS ELECTED OFFICIALS TO
COMPLY WITH THAT.
SO WE'LL BE TAKING STEPS TO
ADDRESS THOSE ISSUES.
I'M TRYING TO GET AHEAD OF THE
COURT CASE, IF WE CAN, SO THAT
WE ARE -- HAVE A SYSTEM THAT
IS CONSTITUTIONAL AND THAT
PROTECTS THE PUBLIC SAFETY AS
WELL AS THE CONSTITUTIONAL
RIGHTS, BECAUSE IF WE ARE
VIOLATING CONSTITUTIONAL
RIGHTS, ALL OF US, IN A SENSE,
ARE LESS SAFE AND LESS FREE.
>> IS IT FAIR TO SAY IT'S A
SHORTER THAN TYPICAL
LEGISLATIVE SESSION COMING UP,
AND IT'S FAIR TO SAY THIS WILL
BE A VOLATILE AND FAIRLY
POLITICAL ISSUE SO HOW DO YOU
NAVIGATE IT THROUGH -- ARE YOU
CONFIDENT YOU CAN GET
SOMETHING THROUGH IN 20141234.
>> WELL, WE'RE STARTING A
LITTLE BIT EARLY NOW, BECAUSE
WE HAVE A SHORTER POLICY
SESSION, THAT'S WHY WE'RE
HAVING PRESENT HEARINGS NOW,
WE'LL HAVE ONE IN JANUARY, AND
HOPEFULLY HAVE LEGISLATION
READY TO GO WHEN THE
LEGISLATURE RECONVENES ON
FEBRUARY 25th.
I THINK -- WELL, WE WILL GIVE
THIS THE PRIORITY THAT IT
NEEDS TO MOVE SOMETHING
THROUGH.
I WAS HERE TALKING BEFORE THIS
INTERVIEW BEGAN, WE PASSED
LEGISLATION IN THE SENATE LAST
YEAR AND SENT IT OVER TO THE
HOUSE, AND THAT'S WHERE WE
BELIEVE IT IS PROCEDURALLY
RIGHT NOW.
SO PART OF THE BURDEN RIGHT
NOW IS ON THE HOUSE TO TAKE
THAT UP AND TO DO SOMETHING
WITH IT.
WE'LL PROBABLY PASS SOME
ADDITIONAL LEGISLATION TO
BROADEN THE FOCUS OF IT, AS
WELL.
BUT I WANT TO COME BACK
QUICKLY TO THE PUBLIC SAFETY
PART.
I'VE GOT THREE KIDS, TWO
DAUGHTERS, I CARE AS MUCH AS
ANYONE ELSE THAT WE HAVE SAFE
NEIGHBORHOODS, SAFE STREETS
AND THAT WE'RE ALL PROTECTED
FROM THE SAFETY STANDPOINT.
I THINK THERE IS A WAY TO DO
THAT WHILE STILL BEING
CONSTITUTIONAL, AND AS WE
LEARNED IN THE HEARING TODAY,
SEX OFFENDERS HAVE A LOWER
RATE OF COMMITTING NEW
OFFENSES OF THAT NATHAN OTHER
CRIMINALS, A LOWER RECIDIVISM
RATE, AND WITH THE TECHNIQUES
THAT WE HAVE IN PLACE NOW FOR
MONITORING THEIR RELEASE INTO
THE COMMUNITY, WE DRIVE THAT
RECIDIVISM RATE EVEN LOWER.
SO I THINK WE CAN DO THIS AND
PROTECT THE PUBLIC SAFETY AND
MEET OUR CONSTITUTIONAL
OBLIGATIONS.
>> OKAY, SENATOR, WE'LL GET
DEEPER INTO THE ISSUE WHEN