2025 Session Last amended: 2013 session

§ 253D.09 — Petition Required

Plain-Language Summary

This section requires county attorneys to decide within 120 days of a court determination or referral from the Department of Corrections whether to file a civil commitment petition for a sexually dangerous person. If the county attorney finds good cause, they must file the petition. Missing this deadline does not prevent filing later if good cause is later found.

253D.09 PETITION REQUIRED.

(a) Within 120 days of receipt of a preliminary determination from a court under section 609.1351, or a referral from the commissioner of corrections pursuant to section 244.05, subdivision 7, a county attorney shall determine whether good cause under section 253D.07 exists to file a petition, and if good cause exists, the county attorney or designee shall file the petition with the court.

(b) Failure to meet the requirements of paragraph (a) does not bar filing a petition under section 253D.07, subdivision 2, any time the county attorney determines pursuant to section 253D.07 that good cause for such a petition exists.

History:

2007 c 147 art 8 s 14; 2010 c 300 s 26; 2013 c 49 s 7,22

History: History: 2007 c 147 art 8 s 14; 2010 c 300 s 26; 2013 c 49 s 7,22

Practical Notes

The 120-day clock typically starts when a court makes a preliminary finding of dangerousness or when the Department of Corrections refers a person nearing prison release. This time limit is important because it affects when commitment proceedings can begin relative to a person’s release from prison. The missed deadline does not create a legal bar to future petitions if the county attorney later has grounds.

Source: Minnesota Office of the Revisor of Statutes