Tag Archives: John Rydberg

Indeterminate Sentences for Sex Offenders

In my last blog I wrote about John Rydberg, a sex-offender from Minnesota, who had a long string of offenses, including a 1975 assault in which he broke into a rural Wisconsin home and raped a young couple as their son slept upstairs. Four years later, during his second escape from treatment, he raped a Minnesota woman at knifepoint in front of her children. Rydberg admitted to counselors that he committed more than 90 sex offenses, mostly involving voyeurism or exposing himself. The 69-year-old Rydberg is at the center of a contentious debate between those who advocate for releasing predatory sex offenders after they have served their sentence, and those who favor indeterminate prison sentences.

Now, legislators in the Minnesota House of Representatives have written a bill that would keep the most predatory sex offenders in prison instead of diverting them to expensive and controversial state civil commitment programs in overcrowded treatment centers, which could lead to supervised release. Under the bill, convicted offenders would face open-ended “indeterminate” prison sentences if members of a jury found them to be predatory––meaning they lack control over sexual impulses and pose a danger to others. Such offenders would have to serve at least twice the recommended sentence and could be released only if the corrections commissioner determined they were no longer a threat to society. If the bill becomes law, it would mark a return to the type of sentencing Minnesota had 17 years ago.

UPDATE:

William Melchert-Dinkel, a former nurse from Faribault, Minnesota, was convicted yesterday of two felonies when a judge ruled he had used the Internet to advise and encourage the suicides of Mark Drybrough of Coventry, England, and Nadia Kajouji of Ottawa, Canada. Drybrough hanged himself in 2005, and Kajouji jumped into a frozen river in 2008. Melchart-Dinkel, posing as a suicide nurse, tried to persuade the victims to hang themselves while he watched via webcam. While Melchart-Dinkel was charged with only two counts, he chatted online with ten suicidal people, five of whom killed themselves.

His defense attorney argued that Melchert-Dinkel’s writings didn’t materially assist the suicides and constituted protected free speech. The judge rejected that argument noting that inciting people to commit suicide is considered “Lethal Advocacy,” which isn’t protected by the First Amendment because it goes against the government’s compelling interest in protecting the lives of vulnerable citizens. If Melchert-Dinkel had merely written a political or religious opinion, the judge wrote, he would have been protected.

The defense plans to appeal the ruling.

Releasing Sex Offenders

As lawmakers across the country struggle to balance state budgets, a Minnesota inmate’s request for release has ignited a debate about the costs of locking up violent sex offenders beyond their prison sentences, and the legal wisdom of civil commitment programs for those same sex offenders.

When John Rydberg was finally ordered into sex-offender treatment, he already had a long string of offenses, including a 1975 assault in which he broke into a rural Wisconsin home and raped a young couple as their son slept upstairs. Four years later, during his second escape from treatment, he raped a Minnesota woman at knifepoint in front of her children. He has admitted to counselors that he committed more than 90 sex offenses, mostly involving voyeurism or exposing himself. Yet, today, the 68-year-old Rydberg will try to convince a judicial panel that he is a changed man who deserves release after nearly two decades in Minnesota’s sex offender treatment program.

The cost of treating growing populations of sex offenders is an issue around the country. According to an Associated Press analysis, 20 states with civil commitment programs spent nearly $500 million in 2010 to confine and treat 5,200 sex offenders considered too dangerous to release. The annual costs per offender averaged $96,000 a year. Currently, Minnesota’s program for sexual offenders houses 605 inmates at a cost of $67 million a year. Facing a $5 billion deficit, and treatment facilities approaching capacity, the state faces a stark choice.

Some states do release sex-offenders. Wisconsin has discharged more than 60 since 1995. California has put nearly 200 offenders back on the streets and New Jersey more than 120. But if Rydberg is released and follows the strict guidelines of his probation, he would become the first person permanently freed from the Minnesota’s civil commitment program for sex offenders since it began in 1994. The outcome could determine whether anyone committed to the program stands a realistic chance of ever getting out.

State and federal courts have ruled that indefinite civil commitments of sex offenders are constitutional if the confinement is meant to provide treatment. Historically in Minnesota, many legislators have said they have no problem with keeping sex offenders locked up, regardless of cost.

So the questions are, “Should political and financial factors affect recommendations as to who gets in and out of sex-offender treatment program, or should courts decide who gets out? And should violent sex-offenders ever be released?