In Re the Civil Commitment of Giem

742 N.W.2d 422 · Supreme Court of Minnesota · 2007

Facts

Ramsey County petitioned to commit Terrance John Giem as a sexual psychopathic personality (SPP) and/or a sexually dangerous person (SDP). Giem contended that the district court lost subject matter jurisdiction over the petition when it did not hold a hearing on the merits of the petition within the deadlines set forth in Minn.Stat. § 253B.08, subd. 1 (2006). The district court and the court of appeals held that Giem waived the right to have the merits hearing held within the statutory deadlines.

Issue

This case involves the subject matter jurisdiction of the district court to consider Ramsey County’s petition to commit appellant Terrance John Giem as a sexual psychopathic personality (SPP) and/or a sexually dangerous person (SDP).

Holding

Because we hold that the district court did not lose subject matter jurisdiction, but that the court’s determination that Giem waived his right to an immediate hearing was clearly erroneous, we affirm in part and reverse in part. Therefore, we hold that the order for commitment issued in August 2006 must be vacated, and that Giem must be released from confinement.

Rule

The district court “shall” hold a hearing within 90 days from the date of filing — or up to an additional 30 days for good cause shown — on a commitment petition for an SPP and/or SDP. The proposed patient “may demand in writing at any time that the hearing be held immediately.”

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Case brief last reviewed 2026-04-13. Prepared by CaseReader from the published opinion.