A child molester will be committed to a state mental hospital as a Sexually Violent Predator (SVP) after a judge found that the offender is a continued threat to children and the community. The Amador County District Attorney’s Office (ACDA) filed a petition to have Ricky Rodriguez, 49, committed as an SVP based on his prior convictions of sexual assaults against two boys, ages 7 and 13.
On March 10, 2015 a court trial was held before the Honorable J.S. Hermanson who announced the verdict after hearing testimony from two appointed psychologists.
Under the law, potential SVPs are subject to mental health reviews by the Department of State Hospitals prior to completion of their criminal sentence. If the People are able to prove that the defendant meets SVP criteria, a petition is filed to have the defendant civilly committed. There are three criteria that must be met in order to designate a person as SVP. First, the defendant must have committed at least one qualifying sexually violent offense. Second, he must be diagnosed with a mental disorder. Finally, it must be found that he is likely to re-offend unless he is held in custody and treated.
If a judge or jury finds beyond a reasonable doubt that the defendant meets the SVP criteria, the defendant is committed to a secure mental care facility for treatment until he is safe for release.
Prior to 2008, persons committed as SVPs were entitled to a jury trial every two years and the burden of proof was on the People to show that the offender posed a continued threat to the community. In 2008, the law changed, committing SVPs to an indeterminate term. Once committed, the burden is on the offender to show that he is no longer a danger to society.
SVPs who have been civilly committed following a trial are granted an annual evaluation by a DSH psychologist, who will opine whether the patient still meets SVP criteria. The hospital director where the offender is housed will also make a recommendation as to the offender.
After the annual review, if the hospital director or psychologist believes that the offender’s condition has so changed that he no longer meets SVP criteria, the offender is granted a trial, where the burden is again on the People to prove beyond a reasonable doubt that the offender meets the SVP criteria.
In 1987, Rodriguez was charged with 10 counts of child molestation involving two boys under the age of 14 in San Francisco County. Rodriguez pled guilty to one count of lewd and lascivious act involving one boy who was 7 years old at the time. The other counts, including one count involving a 4 year old, were dismissed. Rodriguez was placed on probation for 3 years.
In 1998, Rodriguez was charged with two counts of child molestation involving a 13 year old boy in Monterey County. The victim reported an incident that had also taken place five years prior. Rodriguez pled guilty to lewd and lascivious acts on a child under 14 and was sentence to 11 years in state prison.
While serving his Monterey County conviction in Mule Creek State Prison, Rodriguez was convicted of possessing drugs while in a state prison facility. Because of the drug conviction, upon release from prison, Amador County obtained jurisdiction over the Sexually Violent Predator petition.
