Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re K.W.

Court of Appeals of Nebraska

April 11, 2017

In re Interest of K.W., alleged to be a dangerous sex offender. K.W., appellant, Mental Health Board of the Fourth Judicial District and State of Nebraska, Appellees.

         1. Mental Health: Appeal and Error. The district court reviews the determination of a mental health board de novo on the record.

         2. Judgments: Convicted Sex Offender: Appeal and Error. In reviewing a district court's judgment under the Sex Offender Commitment Act, an appellate court will affirm unless it finds, as a matter of law, that clear and convincing evidence does not support the judgment.

         3. Mental Health: Convicted Sex Offender: Words and Phrases. Under the Sex Offender Commitment Act, a dangerous sex offender is defined as a person who suffers from a mental illness which makes him likely to engage in repeat acts of sexual violence, who has been convicted of one or more sex offenses, and who is substantially unable to control his criminal behavior, or a person who has a personality disorder which makes him likely to engage in repeat acts of sexual violence, who has been convicted of two or more sex offenses, and who is substantially unable to control his criminal behavior.

         4. Convicted Sex Offender. Possession of sexually explicit images of children does qualify as a sex offense for the Sex Offender Commitment Act purposes.

         5. Mental Health: Convicted Sex Offender: Proof. The State has the burden of proving by clear and convincing evidence that neither voluntary hospitalization nor other alternative treatment less restrictive than inpatient treatment would prevent a dangerous sex offender from harming himself or others.

         [24 Neb.App. 620] Appeal from the District Court for Douglas County: Horacio J. Wheelock, Judge. Affirmed.

          Thomas C. Riley, Douglas County Public Defender, and Ryan T. Locke for appellant.

          Eric W. Wells, Deputy Douglas County Attorney, for appellees.

          Riedmann and Bishop, Judges.

          Per Curiam

         I. INTRODUCTION

         K.W. appeals from the order of the district court for Douglas County, affirming the decision of the Mental Health Board of the Fourth Judicial District (Board). The Board found K.W. to be a dangerous sex offender under the Sex Offender Commitment Act (SOCA), Neb. Rev. Stat. § 71-1201 et seq. (Reissue 2009), and ordered him to undergo inpatient treatment. On appeal, K.W. argues that the district court erred in affirming the Board's findings that he was a dangerous sex offender and that inpatient treatment was the least restrictive treatment alternative. We find no merit to K.W.'s arguments on appeal, and we affirm.

         II. BACKGROUND

         The Douglas County Attorney filed a petition with the Board, alleging K.W. was a dangerous sex offender within the meaning of SOCA. The petition was filed based on a psychological evaluation conducted on K.W. by Dr. Alan Levinson, a clinical psychologist employed by the Nebraska Department of Correctional Services. The evaluation was conducted during the period immediately preceding K.W.'s completion of a sentence imposed by the Douglas County District Court for 10 counts of possession of child pornography. A hearing before the Board was held in February 2016. Dr. Levinson testified regarding a psychological evaluation [24 Neb.App. 621] of K.W. he conducted in October 2015. In order to formulate his opinions and diagnoses, Dr. Levinson reviewed K.W.'s institutional file, mental health file, police reports, and presentence investigation; interviewed K.W.; and utilized actuarial diagnostic tools.

         At the time of Dr. Levinson's evaluation, K.W. was serving 10 sentences for possession of child pornography. K.W. had been sentenced to five concurrent terms of 20 months' to 5 years' imprisonment on counts I through V, and five additional concurrent terms of 20 months' to 5 years' imprisonment on counts VI through X. K.W.'s total sentence was therefore 40 months' to 10 years' imprisonment. According to court documents, K.W. sent an image of child pornography via text message to a woman in Ohio. The woman contacted the authorities who were able to trace the telephone number to K.W. Police then searched K.W.'s cellular phone and located over 100 additional images of child pornography.

         Dr. Levinson's report also stated that K.W. had been convicted of "[w]indow peeping" on five different occasions in the 1990's. K.W. described to Dr. Levinson looking in windows at adolescent and adult females, as well as adult males, in different sexual situations and masturbating to what he saw.

         Dr. Levinson also testified regarding K.W.'s treatment history. Dr. Levinson testified that the Department of Correctional Services offers three levels of sex offender treatment. Following an evaluation, K.W. was placed into the highest level of treatment, a 2- to 3-year program for higher risk sex offenders referred to as the inpatient "Healthy Lives" sex offender program (iHeLP). K.W. started participating in iHeLP in February 2012, but was put on probation in the program in August 2014 due to a lack of progress. A report from August 2014 indicated that K.W. did not adequately manage risk factors, had volatile relationships with treatment staff and peers, and inconsistently demonstrated awareness of his mental health issues. Additionally, K.W. did not cooperate with supervision, including blaming his therapist for a lack of [24 Neb.App. 622] perceived personal success in the program, rather than accepting constructive feedback or taking responsibility for his behavior. The August 2014 report stated that K.W. regressed into a stage of'"late contemplation'" from a stage of'"preparation"' due to not following through on his treatment. The report concluded that K.W. had '"minimal personal conviction toward working on [his] issues.'"

         In September 2014, K.W. was ultimately terminated from the iHeLP program without completing it. The reasons for K.W.'s termination were "'treatment-interfering behaviors, interfering in the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.