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In re Civil Commitment of Rubin9/24/2002
t and therapy and to prevent his reoffending. The agent who would be in charge of Rubin if he were released to the halfway house stated that the facility is not secure, supervision could be spotty, and there was no guarantee that Rubin would not have access to children. Since Rubin's 1992 incarceration, he has not completed an in-depth sex offender program, he would not cooperate with the 60-day report assessment. Both Nelson and Gilbertson concluded that the Minnesota Sex Offender Treatment Program (MSOP) was appropriate. The 60-day report also concluded that Rubin continued to need further sex offender treatment in a residential setting, namely MSOP.
In light of all of the evidence supporting treatment at the MSOP, Rubin's personal opinion that he needs something less than MSOP is not clear or convincing. He cites no expert opinion supporting his proposal. His proposal that he reside at the 180 Degree Halfway House for one year reflects only his "rather primitive and non-detailed" relapse prevention plan and his belief that he does not require sex offender treatment in an institutional setting. Both experts opined that there is a greater risk of reoffending for someone who has had inadequate treatment and denies the need for the treatment. Even in the 60-day report, the case manager remains concerned that Rubin could reoffend easily.
Therefore, the court did not err in ordering Rubin's commitment to MSOP and rejected his alternative plan.
Affirmed.
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