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STATE OF MINNESOTA IN COURT OF APPEALS A10-1269 In re the Civil Commitment of: Peter Gerard Lonergan Filed January 4, 2011 Affirmed; motion denied Hudson, Judge Dakota County District Court File No. 19-P1-06-008179 Lori Swanson, Attorney General, St. Paul, Minnesota; and James C. Backstrom, Dakota County Attorney, Pauline M. Halpenny, Assistant County Attorney, Hastings, Minnesota (for respondent State) Peter Gerard Lonergan, Moose Lake, Minnesota (pro se appellant) Considered and decided by Hudson, Presiding Judge; Ross, Judge; and Schellhas, Judge. SYLLABUS The statutory framework governing indeterminate commitment of a person as a sexually dangerous person does not authorize a constitutional challenge to the commitment or a challenge to the adequacy of treatment by means of a motion under Minn. R. Civ. P. 60.02. OPINION HUDSON, Judge Appellant, who is indeterminately committed as a sexually dangerous person (SDP), challenges the district court's order denying his motion to vacate the indeterminate-commitment order under Minn. R. Civ. P. 60.02. Appellant argues that the

district court's failure to discharge him, or, in the alternative, to order appropriate treatment in the Minnesota Sex-Offender Treatment Program (MSOP), violated his substantive due-process rights under the United States and Minnesota constitutions. Because the statutory framework governing commitment as an SDP does not authorize a constitutional challenge to a commitment order or a challenge to the adequacy of a patient's conditions of treatment under rule 60.02, and those issues are appropriately addressed to a special review board, the district court properly denied appellant's motion, and we affirm. FACTS In 1984, appellant Peter Gerard Lonergan pleaded guilty to second-degree criminal sexual conduct in connection with an incident involving the eight-year-old daughter of his sister-in-law. In 1992, he was convicted of first-degree criminal sexual conduct involving the eight-year-old son of appellant's cousin; as a result of that conviction, he was sentenced to 268 months in prison. In 2003, appellant filed a petition for postconviction relief. The district court denied relief, and this court affirmed.

Lonergan v. State, No. A03-453, 2003 WL 22952475, at *1 (Minn. App. Dec. 16, 2003), review denied (Minn. Feb. 17, 2004). Appellant subsequently brought a second

postconviction motion seeking correction or reduction of his sentence. The district court denied this motion, and this court affirmed the district court's decision on appeal. State v. Lonergan, No. A05-525, 2006 WL 389793, at *1 (Minn. App. Feb. 21, 2006), review denied (Minn. May 16, 2006).

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In 2006, a petition was filed in Dakota County District Court seeking appellant's commitment as a sexual psychopathic personality (SPP) as defined by Minn. Stat.

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