Gov. Mark Dayton spelled out a costly set of changes to Minnesota's troubled sex offender treatment system on Monday, proposing new community facilities and closer evaluations in an attempt to satisfy a federal judge who says the program is unconstitutional and in need of an overhaul.
Dayton and legislative leaders were called to appear in U.S. District Judge Donovan Frank's court Monday morning for a closed-door hearing designed to hash out a political solution to a thorny legal problem.
Frank has made it clear that he wants legislators to act instead of punting to him on what to do with serious sex offenders who have served their sentence, but are being held in perpetual confinement in a treatment program that boasts few successes.
Dayton insists the program is constitutional. His changes are designed to modify the program, rather than obliterate it.
"We think there are ways that the program can be improved, and I'm prepared to take those steps with the concurrence of the Legislature," Dayton said after the meeting.
His proposal, which would need legislative approval, would spend up to $15 million a year for new, supervised community facilities for sex offenders. Another $7 million would be used to perform biennial evaluations of the hundreds of rapists, pedophiles and other offenders now detained indefinitely, to see if they still meet the criteria for confinement. Dayton did not identify possible locations for the new centers.
Dayton also said he and Attorney General Lori Swanson intend to appeal Frank's June ruling, a move that could delay reforms for at least another year.
The DFL governor's unusual approach — suggesting major changes to the sex offender program even as he disputes Frank's findings — demonstrates the dilemma facing the governor and legislators. With all 201 legislators on next year's ballot, it could be difficult to build political support for high-profile legislation that gives even the appearance of less-restrictive treatment of sex offenders — particularly if specific communities are identified as sites for new facilities.