In re Detention of Betsworth

• Decision Date: 17 March 2006
• Docket Number: No. 04-1373.,04-1373.
• Citation: 711 N.W.2d 280
• Parties: In re the DETENTION OF Anthony S. BETSWORTH. Anthony S. Betsworth, Appellant.
• Court: Iowa Supreme Court

Page 280

711 N.W.2d 280

In re the DETENTION OF Anthony S. BETSWORTH Anthony S. Betsworth, Appellant.

No. 04-1373.

Supreme Court of Iowa.

March 17, 2006.

COPYRIGHT MATERIAL OMITTED

Mark Smith, First Assistant State Public Defender, and Steven L. Addington, Assistant State Public Defender, for appellant.

Thomas J. Miller, Attorney General, and Sharon K. Hall and Denise A. Timmins, Assistant Attorneys General, for appellee, State of Iowa.

TERNUS, Justice.

The appellant, Anthony Betsworth, suffers from an organic brain disorder characterized by hypersomnolence (excessive sleeping), compulsive hyperphagia (excessive food intake), and abnormally uninhibited sex drive. He appeals from his commitment as a sexually violent predator under Iowa Code chapter 229A (2003) on several grounds. Principally, he contends he is not amenable to sex offender treatment, and therefore, his commitment under chapter 229A is contrary to the terms of that statute and violates his right to due process of law. Finding no basis for reversal, we affirm the judgment of commitment.

I. Background Facts and Proceedings.

Until the summer of 2000, Anthony Betsworth displayed no significant mental problems. He was married, had a daughter, and participated in normal life activities. But in July 2000, a significant change abruptly came over Betsworth. He began experiencing hypersomnia, sleeping multiple days at a time. He also exhibited hyperphagia, eating excessively. And finally, he began showing a much heightened degree of sexual expression and sexual interest. After he began exposing himself in public, Betsworth was civilly committed in August 2000 as "seriously mentally impaired" under Iowa Code chapter 229, Iowa's civil commitment statute for the mentally ill.

During his confinement in a secure facility, Betsworth became increasingly sexually aggressive, grabbing female staff, rubbing his groin against them, and grabbing at their breasts and crotch. Betsworth frequently masturbated in front of others and verbally assaulted them, asking questions of a sexual nature and asking for sexual favors. When told to stop these inappropriate behaviors, he showed little response, often laughing. In October 2001, Betsworth was convicted of simple assault as a result of his conduct on the locked ward.

Betsworth was placed in a transitional unlocked facility in 2002. In January of that year, a staff member found him having sexual intercourse with a female patient who lacked the ability to consent. This incident led to Betsworth's conviction for assault with intent to commit sexual abuse. Although he spent some time in jail, he was eventually placed on probation.

Shortly after his release from jail, Betsworth grabbed an employee in the Woodbury County clerk of court office, pressing his genitalia into her buttocks. He then grabbed her buttocks and shoulders, pressing her into the counter so she could not move. Betsworth was charged and convicted of simple assault for this incident. His prior probation was revoked, and he was sent to prison.

The State subsequently filed a petition to have Betsworth committed as a sexually violent predator, which culminated in a jury trial on August 11, 2004. After the jury found him to be a sexually violent predator, the respondent was committed by the court to the custody of the department of human services (DHS) "for control, care, and treatment until such time as his mental abnormality has so changed that he is safe to be placed in a transitional release program or discharged."

II. Issues on Appeal.

Betsworth raises several issues on appeal: (1) chapter 229A does not apply to a person who suffers from a physiological mental defect and who is not amenable to sex offender treatment; (2) chapter 229 provides the exclusive procedure for the involuntary commitment of mentally ill persons; (3) there was insufficient evidence to support the jury's verdict that he was a sexually violent predator because his offenses were not "predatory"; and (4) his commitment under chapter 229A violates his statutory and due process rights to meaningful treatment. We will first address Betsworth's arguments concerning the applicability of chapter 229A to a person in his condition, then his challenge to the sufficiency of the evidence, and finally his right-to-treatment claims.

III. Applicability of Chapters 229A and 229.

A. Standard of review. We review Betsworth's claims regarding the interpretation of chapter 229A and chapter 229 for the correction of errors of law. See In re Detention of Cubbage, 671 N.W.2d 442, 444 (Iowa 2003). In interpreting these statutes, our primary goal is to give effect to the intent of the legislature. See State v. Iowa Dist. Ct. for Black Hawk County, 616 N.W.2d 575, 578 (Iowa 2000). That intent is gleaned from the language of "`the statute as a whole, not from a particular part only.'" State v. Iowa Dist. Ct. for Monroe County, 630 N.W.2d 778, 781 (Iowa 2001) (citation omitted); accord In re Detention of Swanson, 668 N.W.2d 570, 574 (Iowa 2003). Because we presume the legislature intends "`[a] just and reasonable result,'" we interpret statutes to avoid impractical or absurd results. Iowa Dist. Ct. for Black Hawk County, 616 N.W.2d at 578 (citation omitted); accord In re Detention of Swanson, 668 N.W.2d at 574.

B. Evidentiary record. Before we discuss the applicability of the civil commitment procedures set forth in chapters 229A and 229, we review the testimony at trial concerning the nature of Betsworth's mental condition and the prospects for treatment.

The State presented the testimony of Dr. Dennis Doren, a licensed psychologist with extensive experience working with sex offenders. Based on a short interview with the respondent and a review of the respondent's records, Dr. Doren concluded Betsworth suffered from an organically based problem, in other words, a physiological abnormality of the brain. Although Dr. Doren found it difficult to place a label on Betsworth's condition, the doctor was certain it was real. The witness opined Betsworth's condition was acquired or congenital or both.

Dr. Doren believed Betsworth's symptoms revealed very, very significant volitional and emotional capacity problems. He explained the term "volitional capacity" has to do with the process of making decisions about one's behavior. "Emotional capacity" refers to the ability to demonstrate a concern for others. Due to these problems, Betsworth would have serious difficulty controlling his behavior, according to this witness. Dr. Doren also believed Betsworth's condition predisposed him to commit sexually violent offenses.

Finally, the doctor discussed his risk assessment of Betsworth. Dr. Doren employed three actuarial assessments in which Betsworth scored in the high-risk category on two and in the moderate-risk category on the third. The witness noted Betsworth had not participated in a sex offender treatment program, and the treatment the respondent had been receiving under his chapter 229 commitment had not been successful in lowering the risk of another offense. The final circumstance considered by the doctor was the fact that despite Betsworth's institutionalization, the respondent continued to offend within a controlled environment. Based upon all these factors, Dr. Doren opined that Betsworth was at a high risk to reoffend.

A staff member who had been assaulted twice by the respondent also testified. She said that on both occasions, Betsworth laughed and showed no remorse for his actions. A correctional counselor from the Newton Correctional Facility, where Betsworth was confined at the time of trial, gave similar testimony. This witness testified the respondent could be disciplined every day for sexually inappropriate comments or for exposing himself, "but it's gotten to the point where nobody takes any disciplinary action on him because it doesn't mean anything." Instead, Betsworth has been placed in lock-up, and his contact with female staff members has been limited due to his inability to control himself.

Betsworth called Dr. Jason Smith, the administrator for the civil commitment unit for sexual offenders in Cherokee, to testify. Dr. Smith described the various treatment modalities available at the facility, including cognitive therapy, relapse prevention, individual therapy, and medication management. The witness acknowledged that, from the record, it appeared the respondent would probably not benefit greatly from traditional cognitive therapy. Therefore, he concluded, "[w]e would probably use more of the behavioral components" in treating Betsworth. Dr. Smith acknowledged it seemed the respondent would have difficulty in group therapy, but stated he could not say for sure until he actually saw how the respondent would manifest his symptoms in that setting. Finally, Dr. Smith stated that all treatment, including medication management, would be individualized for the respondent.

C. Applicability of chapter 229A. Betsworth claims chapter 229A does not apply to a person who suffers from a physiological mental defect and is not amenable to sex offender treatment. We begin with a brief review of the pertinent provisions of chapter 229A.

Iowa Code chapter 229A sets up "a civil commitment procedure for the long-term care and treatment of the sexually violent predator." Iowa Code § 229A.1, para. 2. The statute defines a "sexually violent predator" as

a person who has been convicted of or charged with a sexually violent offense and who suffers from a mental abnormality which makes the person likely to engage in predatory acts constituting sexually violent offenses, if not confined in a secure facility.

Id. § 229A.2(11). A "mental abnormality" is "a congenital or acquired condition affecting the emotional or volitional capacity of a person and predisposing that person to commit sexually violent offenses to a degree which would constitute a menace to the health and safety of others." Id. § 229A.2...