Rodriguez wasn't recommended for commitment
Brian Bakst, Associated Press
Published December 3, 2003 COMM03
Alfonso Rodriguez Jr., the man suspected in the disappearance of a University of North Dakota student, was considered for civil commitment near the end of his 23-year sentence for an attempted abduction.
But a psychologist who examined Rodriguez in 2001 decided against recommending he be civilly committed and a special board concurred, according to Bill Donnay, interim leader of the program that deals with sex offenders and community notification.
Rodriguez ``had not shown any indications of an inability to control sexual impulses'' and had a ``very good history of behavior during incarceration,'' Donnay said. Those factors played into their decision not to seek continued confinement.
Upon his release, the only requirement was that he register as a sex offender and provide authorities with his address, said Corrections Commissioner Joan Fabian.
``We can't put surveillance on, we can't supervise, we have no authority to do that if they are not under some kind of official status,'' said Fabian, who took pains to note that the review of Rodriguez's standing occurred before the current administration came in.
``If I had seen this case before, yeah, I sure would have looked at it and looked to refer it for civil commitment,'' she said.
Repeat rapists and pedophiles who have served prison terms and been declared sexually dangerous by judges are confined at secure psychiatric hospitals in Moose Lake and St. Peter in the Minnesota Sexual Offender Program. People in the program may be confined indefinitely.
Placing someone in the program is a complex process. Inmates who reach a certain score on an initial test are then interviewed by a psychologist.
The psychologist decides whether to forward the case to a three-person committee within the Corrections Department, which then would decide whether to send the case to a county attorney - who then would choose whether or not to seek a civil commitment.
Of 3,400 people who completed their sentences for felony sex crimes in the last 15 years, 299 had their cases referred to a county attorney for possible commitment. Of that number, county attorneys requested 185 commitments. Courts granted 156 commitments.
Level 3 sex offenders - the most serious classification - typically meet the initial score to be interviewed by a psychologist, Donnay said. Minnesota has 115 people who fall into Rodriguez's category of being a Level 3 offender released into the community, he said.
Fabian said her agency will start referring cases of all Level 3 offenders to county attorneys for possible civil commitment.