Paul Pioneer Press on Apr 25, at 1: Kirk Alan Fugelseth, a Minot, N. He no longer receives inpatient treatment and is "free to live in the community with no supervision," the DHS said in a statement. Fugelseth, 51, who resided in Moorhead in the mids, admitted to molesting 31 boys and girls in Arizona, Oregon and Clay County, Minn. In , he was sent to federal prison for possessing child pornography.
Prior to his release from prison in , then-Clay County Attorney Lisa Borgen, with the assistance of the attorney general's office, filed a petition seeking to have Fugelseth committed indefinitely as a sexual psychopathic personality and a sexually dangerous person. On Tuesday, she said it was unclear whether he had yet moved in. A community notification meeting with police and Department of Corrections representatives will be held at 7 p. Fugelseth was civilly committed as a sexually dangerous person and a sexual psychopathic personality in In , Fugelseth requested a provisional discharge from his commitment, and he later requested a full discharge.
Fugelseth's full discharge became official on April 17, when the Minnesota Supreme Court declined to review a January decision by the state Court of Appeals affirming that he could be let go.
A judicial review panel concluded in July that there was no clear and convincing evidence that Fugelseth needed inpatient treatment or that he remained dangerous to the public. The panel also found that continuing Fugelseth's commitment would be unconstitutional. The appeals court interpreted the law to say that anyone who is civilly committed can be fully discharged if they meet the conditions for a provisional discharge, the DHS said in a statement.
This "departs from the way the law has previously been interpreted and applied, significantly lowering the standard for full discharge in such cases," acting DHS Commissioner Chuck Johnson said in the statement. Johnson contended that many other civilly committed sex offenders and mentally ill and dangerous patients could be fully discharged.
On Monday, Johnson publicly supported state legislation designed to clarify that those with a provisional discharge status should remain in custody.
Senators unanimously approved the bill, which was authored by Sen. Warren Limmer, R-Maple Grove. The House still must take up the measure.
Forum News Service contributed to this report.