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Administrative Law

: Within the Scope

Senator Betzold Introduces a Measure to Address the Holding in Giem

By E.L. Lipman

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As readers of these pages will recall, in December the Minnesota Supreme Court issued an opinion clarifying the meaning of the statutory deadlines for court proceedings under Minnesota?s Sexually Dangerous Person and Sexual Psychopathic Personality statutes. Finding a substantial violation of the statutory timelines, the Court ordered that the target of the commitment petition, one Terrance John Giem, be released from the Minnesota Security Hospital.

Senator Betzold?s bill proposes to revise the statute so as to withdraw from commitment petitions brought under Minnesota?s Mentally Ill and Dangerous, Sexually Dangerous Person or Sexual Psychopathic Personality statutes, the right to demand an "immediate hearing."

The Court?s analysis in the Giem case is accessible here, the current timelines are accessible here, and Senate File 2919 is accessible here.

Full post as published by Within the Scope on February 19, 2008 (boomark / email).

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