OAH 2-1100-21930-2

 

 

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

 

FOR THE DEPARTMENT OF CORRECTIONS

 

 

In the Matter of the Risk Level

Determination of Michael D. Johnson

ORDER DISMISSING RISK

LEVEL APPEAL AS MOOT

 

          On March 23, 2011, the undersigned Chief Administrative Law Judge (ALJ) received a Notice of Motion and Motion to Dismiss Risk Level Appeal as Moot.  In the matter of Michael D. Johnson (Petitioner), a sex offender currently committed to the Minnesota Sex Offender Program (MSOP) as a Sexually Dangerous Person (SDP) or a Sexual Psychopathic Personality (SPP).  The ALJ did not hold a hearing on the motion.

          Angela Helseth Kiese, Assistant Attorney General, appeared on behalf of the Department of Corrections (DOC).  Stephen L. Smith, Assistant State Public Defender, is the counsel of record on behalf of Petitioner.  To date, Counsel for Petitioner did not file any opposition to the Motion to Dismiss.

 

          For the reasons set forth in the Memorandum that follows, the Chief Administrative Law Judge GRANTS the Motion to Dismiss the Appeal.

Dated:  April 21, 2011

 

                                                                      s/Raymond R. Krause

RAYMOND R. KRAUSE

Chief Administrative Law Judge

 

 

 

MEMORANDUM

          Petitioner is a member of a group of Petitioners who have appealed their Risk Level Determinations as set by their respective end-of-confinement review committees (ECRC’s) pursuant to Minn. Stat. § 244.052.  Petitioner, and the other group members, each received a risk level assessment and determination prior to being released from confinement from a Minnesota Correctional Facility (MCF).  Upon release from the correctional facility, the Petitioner and other group members were civilly committed to the MSOP.

 

          The Minnesota Court of Appeals has determined that prior to the release of a sex offender from civil commitment to MSOP, a second ECRC must be convened and a de novo assessment and determination made. The Court also ruled that an appeal from the initial risk level determination done prior to release from an MCF is, therefore, moot.[1]

 

At the time Petitioner is to be released from civil commitment, he will have an opportunity to renew any arguments and present any evidence relating to his assessment and risk level determination.  The appeal by Petitioner of his risk level assessment determination is, therefore, dismissed as moot.

 

R. R. K.


[1] In re the Risk Level Determination of J.V., 741 N.W. 2d 612 (Minn. Ct. App. 2007) and In re the Risk Level Determination of P.L., No. A10-887, (Minn. Ct. App., Jan. 11, 2011) 2011 WL 69145 (unpublished).