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Commissioner Fabian Files a Petition for Review of Decision in Rud

By E.L. Lipman

As readers of these pages will recall, on the last day of 2007 a panel of the Minnesota Court of Appeals held that, James John Rud, an inmate who was sentenced to state prison in 1985, could not be disciplined for his refusal to participate in prison-based sex offender treatment. As the panel reasoned, because the statutes that link prison-based treatment programs and formal discipline were enacted by the Minnesota Legislature in 1992 and 1999, and "Rud was sentenced in 1985, the commissioner did not have authority ... to require Rud to participate in a mental-health program ... if he refused to participate."

In papers filed with the Minnesota Supreme Court on Wednesday of this past week, Commissioner Fabian argued that the reasoning of Rud decision imperils her ability to run prison-based treatment programs ? because inmates arrive at state prison, in different years and under different statutory regimens.

Full post as published by Within the Scope on February 03, 2008 (boomark / email).