The Law Librarian would be amiss in not acknowledging the huge decision handed down by U.S. District Court Judge Donovan Frank in the case of Karsjens et al. vs. Minnesota Department of Human Services et al. today, better known as the Minnesota Sex Offender Program case. This case involved 700+ committed sex offenders who had essentially been locked up indefinitely under the veil of “treatment,” which the program residents claimed was neither adequate nor appropriate. They key factor is that their “incarceration” was never criminal, in fact, most of them had already completed criminal sentences.
This case has been observed by the Law Librarian before, but now Judge Frank has ruled that that Minnesota’s Sex Offender Program is in fact unconstitutional, stating that “there is something very wrong with this state’s method of dealing with sex offenders.” Over time, he has warned the Legislature that they must change the draconian program, or expect a court-ordered to do so. (It’s probably no accident that this ruling came shortly after the Minnesota Legislature had ended its last session.) Predictably, legislators have been in no mood to change the program, lest risking their electability. Read the MPR article about this ruling, plus the Judge’s Order.
Stay tuned for the next exciting development of this legal-political drama. Its next season will commence on August 10, when the Judge has scheduled a conference to begin planning suitable remedies for the situation. State officials, including Governor Dayton, have quickly assured Minnesotans that the state would defend its law and the sex offender program. Questions remain unanswered. Can any of these offenders be rehabilitated? Released? Which ones? What will the Minnesota Sex Offender Program look like in the future? Will the locked up “inmates” seek civil damages? We must wait and see.
