Moose Lake Star Gazette - Serving Carlton and Pine Counties Since 1895

By Staff reports
Moose Lake Star-Gazette 

Court: MSOP is constitutional

 


The United States Court of Appeals for the Eighth Circuit overturned the district court's finding that the Minnesota Sex Offender Program (MSOP) is unconstitutional.

In June 2015, District Court Judge Donovan Frank ruled the MSOP is in need of major remedies to be constitutionally compliant.

The appeals court panel of three circuit judges (Murphy, Colloton and Shepherd) heard arguments in April 2016 and ultimately overturned the 2015 ruling, sending the case back to district court.

"The district court applied incorrect standards of scrutiny when considering plaintiffs' claims, thus we reverse the finding of substantive due process violations and vacate the injunctive relief order," the 23-page order released Tuesday states.

Under the authority of the Minnesota Department of Human Services, MSOP maintains three facilities to house and treat civilly committed sex offenders — the largest facility is a secure facility in Moose Lake, the second is a secure facility in St. Peter and the third is known as Community Preparation Services and is located outside the secure perimeter in St. Peter.

MSOP operates under the Minnesota Civil Commitment and Treatment Act: Sexually Dangerous Persons and Sexual Psychopathic Personalities (MCTA), which is codified at Minnesota Statute §253D.

 

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