Correcting False Information in Your Detainee Charts via Data Challenge-Its Your Responsibility (Check Your State Statute)

The below is OCEAN Newsletter Volume 1, Issue 6, Article 4 (Nov. 25, 2019) published by Russell J. Hatton & Daniel A. Wilson from the gulag in Moose Lake Minnesota.

 

When you are indeterminately civilly committed, there is data and information that is authored and maintained about you by others and the committing court maintains data regarding your “Findings of Facts.”

Also, the Minnesota Department of Human Services maintains data post-commitment, relative to your admission and detention at MSOP.

While at the Minnesota Sex Offender Program (MSOP) you are given Quarterly Reports, Annual Reports and Annual Mental Health Assessments. This data must be completely accurate. Detainees who are concerned with inaccurate data need to sit down with the authors of these documents and work to craft them truthfully. If that doesn’t work, you need to request that the data reflect the complete truth and if that doesn’t work you can do what is called a “Data Challenge” [DATA ACCURACY AND COMPLETENESS CHALLENGE, ACCORDING TO THE REQUIREMENTS OF MINN. STAT. § 246B.01 CHAPTER 13].

The Data Challenge is to the Responsible Authority MSOP Policy and Compliance Specialist-Stephen Steyck [at MSOP]. Mr. Steyck has 30 days to correct the data being challenged and if he does not, you must write the Office of Administrative Hearings (OAH) for a resolution to the disputed data.

The OAH will set it up for a hearing in front of an Administrative Law Judge (ALJ) and then you can expect the Minnesota Assistant Attorney General to respond to your challenge in the form of a Motion for Summary Disposition. This may sound complicated. However, it doesn’t take long and is well worth it to show whoever has access to your file just who you really are.

Many detainees complain that their charts are fabricated lies but get frustrated and tear them up. This is what MSOP wants you to do, to just comply and conform or pretend it isn’t happening.

I [Peter Allan] have personally gone through the process and found it gratifying to know there is a court that no MSOP wants to sit in front of while you ask the questions. Normally MSOP will change the data to reflect the truth as sometimes honest mistakes are made. These documents in question are the same ones that thousands of DHS -MSOP employees have access to, not to mention the Treatment assessors, Risk assessors, Mental Health Assessors, experts for the court, Attorneys, County case workers, Judges, the SRB/CAP, etc. These quarterlies and annuals are now the basis for your continued commitment. The new quarterlies do not have a “case formulation” section but it is now only in the “Annual Review.” Always add to the: “detainee contribution” showing current behavior or lack thereof. You will need to thoroughly review your case formulation and go over it line by line and make it completely accurate. It is your right to be accurately portrayed. There are restrictions with respect to the Findings of Fact that cannot be challenged unless you receive “new evidence” you could not have found after one year has elapsed after your final commitment. If you don’t challenge the incorrect data, some of you will be given non-petitioned reviews or random audits or Hospital Review Board reviews. A day will come when MSOP gets held accountable for knowingly or unknowingly charting inaccurate data in your charts to further your institutionalization.

For those who are just doing time, at least be prepared to do the hard work to holding your primary therapist, unit clinical supervisor, unit psychologist and program psychologist accountable. According to Minnesota § 144.32 False Statements Cause For Discharge. Furthermore, falsifying such medical documents is a misdemeanor in the state of Minnesota. MN § 144.32 False Statements Cause For Discharge, “Any intentionally false statement in such certificate and any act or omission of a superintendent or superior officer to connive at or permit the same shall be deemed good cause for summary discharge of the person at fault regardless of any contract.”

Minnesota statute §253D.03 General Provisions, “The provisions of section §253B.23 apply to commitments under this chapter except where inconsistent with this chapter.” MN §253D.03 , Subd. 3. False reports:

Any person who willfully makes, joins in, or advises the making of any false petition or report, or knowingly or willfully makes any false representation for the purpose of causing the petition or report to be made or for the purpose of causing an individual to be improperly committed under this chapter, is guilty of a gross misdemeanor. The attorney general or the attorney general’s designee shall prosecute violations of this section.

It is your responsibility to hold accountable those who are reporting your data. And to assure that they are recording your data accurately and honestly. [PA/RJH]

One Comment:

  1. Totally against public registry

    Wow, I didn’t know about this procedural action and how important it is to make sure everything in the reports are accurate before signing. I’m going to let my son know about this, even though we’re in California. Thanks

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