Judge speeds challenge to sex offender program

A federal judge on Monday declined to order the release or transfer of two people held in the Minnesota Sex Offender Program.

U.S. District Judge Donovan Frank denied a motion from Rhonda Bailey — the only woman in the program — to move to a less restrictive facility. According to court documents, Frank also said 24-year-old Eric Terhaar, who has no adult criminal history, may not be released unconditionally at this time.

A court-appointed panel of experts recommended Terhaar's release.

In his ruling, Frank wrote that he does not want to interfere with a class action suit against the program. Most of the nearly 700 people committed to the program have already served prison sentences and claim their indefinite confinement is unconstitutional.

Frank noted that it appears the state is preparing to move Terhaar to a less-restrictive setting and also is "willing to explore options to transfer" Bailey.

The judge said he hopes to speed up the larger class action case and set a trial for later this year.

State Human Services Commissioner Lucinda Jesson said in a statement that she is pleased the two weren't released because they're a risk to public safety.