Public Defenders in the State Court

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  • 1.  Dangerous Sex Offender Commitment-Reevaluation

    Posted 01-20-2024 16:01

    I have a client who was commited as a dangerous sex offender a number of years ago and has been held at the Regional Center for treatment approximately 10 years with very little progress.  I have had him re-evaluated once without success and have had two evaluators tell me upon initial review of his progress that they do not believe they can be of any assistance.  Client wishes to be re-evaluated for outpatient commitment.  I struggle with my obligation to my client as well as the cost and budgetary concerns associated with a re-evaluation that is not likely to be effective (if I can even locate an evaluator who is willing to accept the case for a second opinion).  Curious what your offices do in these circumstances and welcome any feedback.  Thank you.  



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    Julie Bear
    Reinsch, Slattery, Bear, Minahan & Prickett, P.C., L.L.O.
    Plattsmouth NE
    [Phone] jeb@rsbmlaw.com
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  • 2.  RE: Dangerous Sex Offender Commitment-Reevaluation

    Posted 01-20-2024 16:15
    Julie:
    I have a couple clients in same situation. I'm not going to be much help because it's hard to find evaluators to do the independent review. I have told them they need to show some progress or it's a waste of time. I took one back in front of the mental health board which they quickly declined. The chair advised my client they wouldn't change anything until he showed some progress. He hasn't asked again which he had been doing every year. So best I can tell you is take the client back and let the board tell him he's wasting time.





  • 3.  RE: Dangerous Sex Offender Commitment-Reevaluation

    Posted 01-20-2024 16:51
    I have a similar case (15 year ongoing commitment).  We got an eval done through Dr. Betty Kola, in Omaha.  She charged $800-ish.  She did recommend outpatient treatment, but the Board rejected our request for a change.  We appealed to District Court (denied) and are now appealing to COA.  Likely will be shot down, but fighting the good fight for client.

    If you need Dr. Kola's contact info I can send that out.

    Lee Timan
    Gage County PD