Minn. Stat. § 253B.02

In the Matter of the Civil Commitment of: Anthony Blake Swope · 2025 1 citation

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. Minn. Stat. § 253B.02, subd. 18b (1998), defines a sexual psychopathic personality as the existence of conditions such as:

. Minn. Stat. § 253B.02, subd. 18b (1998), defines a sexual psychopathic personality as the existence of conditions such as:

. Minn. Stat. § 253B.02, subd. 18b (1998), defines a sexual psychopathic personality as the existence of conditions such as:

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. In 1994, during a special session, the Minnesota legislature repealed Minn. Stat. §§ 526.09-.115, amending and recodifying section 526.09 in the Civil Commitment Act, at Minn. Stat. § 253B.02, subd. 18a (1994). The definition of "Sexual psychopathic personality” now reads, with the new language emphasized:

. In 1994, during a special session, the Minnesota legislature repealed Minn. Stat. §§ 526.09-.115, amending and recodifying section 526.09 in the Civil Commitment Act, at Minn. Stat. § 253B.02, subd. 18a (1994). The definition of "Sexual psychopathic personality” now reads, with the new language emphasized:

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Minn. Stat. § 253B.02, subd. 13(a) (2014).

Minn. Stat. § 253B.02, subd. 13(a) (2014).

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Minn. Stat. §§ 253B.02, subd. 18c(a), .18, subd. 1, .185, subd. 1 (2012)).3 A finding that a

3 Minn. Stat. § 253B.02, subd. 18c(a), was recodified as Minn. Stat. § 253D.02, subd. 16(a) (Supp. 2013). Minn. Stat. § 253B.185, subd. 1, was recodified as Minn. Stat. § 253D.07 (Supp. 2013).

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A “person who is mentally ill” is one who has a substantial psychiatric disorder that “poses a substantial likelihood of physical harm to self or others.” Minn Stat. § 253B.02, subd. 13(a) (2002). A substantial likelihood of harm may be demonstrated by

The district court made a number of findings demonstrating that appellant posed a substantial likelihood of harm. It found that appellant was paranoid, that he believed he was under surveillance by the police, that he kept a detailed log of individuals who he believed were watching him, and that he had a loaded handgun in his car. See Minn. Stat. § 253B.02, subd. 13(a)(3) (likelihood of harm shown by threats or attempts to harm self or others); In re Martin, 458 N.W.2d 700, 704-05 (Minn.App.1990) (finding likelihood of harm by threatening, paranoid, and pro *903 vocative behavior). The district court also found that appellant was homeless, staying in nine different motels in previous months, and that he resisted treatment for his disorder. See Minn. Stat. § 253B.02, subd. 13(a)(1) (likelihood of harm shown by failure to obtain shelter or medical care). Finally, the district court found that appellant had significantly damaged walls at both his father’s home and a motel room. See id., subd. 13(a)(4) (likelihood of harm shown by recent and volitional conduct involving significant damage to substantial property).

The district court made a number of findings demonstrating that appellant posed a substantial likelihood of harm. It found that appellant was paranoid, that he believed he was under surveillance by the police, that he kept a detailed log of individuals who he believed were watching him, and that he had a loaded handgun in his car. See Minn. Stat. § 253B.02, subd. 13(a)(3) (likelihood of harm shown by threats or attempts to harm self or others); In re Martin, 458 N.W.2d 700, 704-05 (Minn.App.1990) (finding likelihood of harm by threatening, paranoid, and pro *903 vocative behavior). The district court also found that appellant was homeless, staying in nine different motels in previous months, and that he resisted treatment for his disorder. See Minn. Stat. § 253B.02, subd. 13(a)(1) (likelihood of harm shown by failure to obtain shelter or medical care). Finally, the district court found that appellant had significantly damaged walls at both his father’s home and a motel room. See id., subd. 13(a)(4) (likelihood of harm shown by recent and volitional conduct involving significant damage to substantial property).

+ 1 more citation in this opinion.

In Re the Civil Commitment of Ramey · 2002 5 citations

Appellant Jimmie Ray Ramey challenges the order indeterminately committing him as a sexually dangerous person (SDP) pursuant to Minn. Stat. § 253B.02, subd. 18c (2000). Ramey argues that the Minnesota standard for commitment under this statute fails to meet the lack of control requirements of Kansas v. Crane, 534 U.S. 407, 122 S.Ct. 867, 151 L.Ed,2d 856 (2002). Ramey further contends that the SDP statute is unconstitutionally vague because the phrases “adequate control” and “course of harmful conduct” provide no legally fixed standards. Finally, Ramey challenges certain evidentiary rulings by the district court.

Appellant Jimmie Ray Ramey challenges the order indeterminately committing him as a sexually dangerous person (SDP) pursuant to Minn. Stat. § 253B.02, subd. 18c (2000). Ramey argues that the Minnesota standard for commitment under this statute fails to meet the lack of control requirements of Kansas v. Crane, 534 U.S. 407, 122 S.Ct. 867, 151 L.Ed,2d 856 (2002). Ramey further contends that the SDP statute is unconstitutionally vague because the phrases “adequate control” and “course of harmful conduct” provide no legally fixed standards. Finally, Ramey challenges certain evidentiary rulings by the district court.

Appellant Jimmie Ray Ramey challenges the order indeterminately committing him as a sexually dangerous person (SDP) pursuant to Minn. Stat. § 253B.02, subd. 18c (2000). Ramey argues that the Minnesota standard for commitment under this statute fails to meet the lack of control requirements of Kansas v. Crane, 534 U.S. 407, 122 S.Ct. 867, 151 L.Ed,2d 856 (2002). Ramey further contends that the SDP statute is unconstitutionally vague because the phrases “adequate control” and “course of harmful conduct” provide no legally fixed standards. Finally, Ramey challenges certain evidentiary rulings by the district court.

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The standard of proof for an initial commitment is higher than the standard of proof for continued commitment after a review hearing. Compare Minn. Stat. § 253B.02, subd. 13 (1998) (defining mentally ill person as one who has made recent attempt or threat to physically harm self or others or recent failure to provide necessities), ivith Minn. Stat. § 253B.12, subd. 4 (specifying that determinations for continued treatment need not be based on finding of recent attempt or threat to physically harm self or others or recent failure to provide necessities, but must be based on finding that patient is likely to attempt physical harm or to fail to provide necessities).

The standard of proof for an initial commitment is higher than the standard of proof for continued commitment after a review hearing. Compare Minn. Stat. § 253B.02, subd. 13 (1998) (defining mentally ill person as one who has made recent attempt or threat to physically harm self or others or recent failure to provide necessities), ivith Minn. Stat. § 253B.12, subd. 4 (specifying that determinations for continued treatment need not be based on finding of recent attempt or threat to physically harm self or others or recent failure to provide necessities, but must be based on finding that patient is likely to attempt physical harm or to fail to provide necessities).

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3. Is the sexually dangerous person law, Minn. Stat. § 253B.02, subd. 18b(a) (1996) unconstitutional?

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