Anoka County District Court File No. C3-05-11111.
An inmate who has exhausted his right to direct appeal no longer has a Fifth Amendment privilege not to discuss his offense of conviction in a mandated, in-prison, sex-offender treatment program. The possibility that the inmate may still collaterally attack the conviction by post-conviction petition or by other means does not extend this privilege absent a showing by the inmate that such proceedings are necessary to correct a manifest injustice.
The opinion of the court was delivered by: Minge, Judge
Considered and decided by Peterson, Presiding Judge; Halbrooks, Judge; and Minge, Judge.
This appeal is from an order denying appellant John Henderson's petition for a writ of habeas corpus, which challenged the respondent Commissioner of Corrections' decision extending his incarceration based on his refusal to participate in a mandated, in-prison sex-offender treatment program. Because we conclude that appellant no longer had a Fifth Amendment privilege threatened by the participation required in the program, we affirm.
Appellant was sentenced in February 2002 to 91 months in prison for first-degree criminal-sexual conduct. Appellant's conviction was affirmed on direct appeal on May 6, 2003. State v. Henderson, No. C5-02-780 (Minn. App. May 6, 2003), review denied (Minn. July 15, 2003). On November 5, 2003, almost four months after the supreme court denied further review, appellant was to be evaluated for participation in the prison's required sex-offender treatment program (SOTP). Appellant refused to enter the program.
Appellant later filed a notice indicating that he was claiming a Fifth Amendment privilege not to discuss his offense in the SOTP. It is not clear that he gave this reason on November 5. The Department of Corrections (DOC) scheduled a disciplinary hearing. After appellant received one continuance of the hearing in order to prepare his defense, he pleaded guilty "with an explanation." The explanation apparently was that appellant had been diagnosed with cancer and was not ready to proceed. The DOC imposed a sanction of 45 additional days of incarceration for appellant's refusal to participate in the SOTP. In December 2003, the DOC denied appellant's administrative appeal.
In 2004, appellant filed a petition for a writ of habeas corpus in the United States District Court, District of Minnesota. The petition raised the same issues that had been the subject of appellant's earlier state court appeal. By order, the U.S. District Court denied the petition, dismissed the case with prejudice, and refused to certify the case for appeal under 25 U.S.C. § 2253(c)(1)(B) (2000). Henderson v. State, No. 03-6507 (D. Minn. July 25, 2005). On December 29, 2005, the Eighth Circuit Court of Appeals dismissed appellant's appeal. Henderson v. State, No. 05-3453 (8th Cir. Dec. 29, 2005).
On October 19, 2005, appellant filed this state court habeas corpus petition challenging the DOC's decision to sanction him for refusal to participate in the SOTP. Appellant argued that the penalty imposed on him violated his Fifth Amendment privilege against self-incrimination. The district court denied the petition without holding an evidentiary hearing. The district court followed the supreme court's decision in State ex rel. Morrow v. LaFleur, 590 N.W.2d 787 (Minn. 1999), which held there was no Fifth Amendment violation under similar facts. See id. at 792-96. The district court made a factual finding that "[i]n order to be admitted to the [SOTP], an offender is required to admit and discuss the specific acts that resulted in a commitment to the Department of Corrections." This appeal follows.
1. Does the extended-incarceration sanction imposed on appellant constitute "compulsion" for ...