Judge to order changes to sex offender program in coming weeks

The federal judge who ruled the Minnesota Sex Offender Program is unconstitutional said at a hearing Wednesday that he will make a decision on how to fix the program in the next 30 days. But that doesn't mean the state will give up its fight to continue detaining several hundred sex offenders for treatment beyond their sentences.

Coming into today's hearing, U.S. District Judge Donovan Frank asked the state and people held in the Minnesota Sex Offender Program to submit ways to fix the program. He previously ruled that the program violated the rights of the 720 people in it.

Lawyers for those in the program suggested a long list of remedies that includes immediate assessments of all offenders in the program and new, less restrictive facilities.

Minnesota officialsdeclined to suggest any changes, and instead argued that the 20-year-old program is constitutional. The state also said what the sex offenders recommended couldn't be done on a quick timeline and would require staffing levels they can't match.

Outside the courthouse, Department of Human Services Commissioner Lucinda Jesson says she would like to see changes.

"I want to see further reforms, that's why I've been pushing for reforms in the Legislature. But these reforms should not be coming from a court that's directing them because the program is being run unconstitutionally. I believe we are running it in a constitutional way."

Dan Gustafson is the attorney for the for the people in the sex offender program. He says the judge may take significant action.

"He probably won't order all the things I requested. I had a long list of things and obviously I advocated vigorously for my clients in that regard. But I think he's going to enter orders that are going make some significant changes in this program."

Jesson says the state will fight any big changes the judge orders.

"If he rules against us, we will appeal that ruling to the Eighth Circuit."

An appeal could mean that reforms to the program might be a long way off.

Gustafson says an appeal could include a stay — or temporary stoppage — on Frank's remedies while the appeal is decided.

"If it turns out that the appeal is filed and a stay is issued it could be 18 to 24 months before we see any significant changes," Gustafson said.

Frank said today he wouldn't go as far as ordering the release of those in the program, but he's warned in the past that he'll make a forceful solution if state leaders aren't willing to fix it.