Sex offender could not be held indefinitely, due to lack of a residence

March 14, 2014

A person accused of a sex offense faces both significant criminal penalties and devastating social stigma. In addition, under the California law known as the Sexually Violent Predator Act, a convicted sex offender may be involuntarily committed even at the end of a prison term, if the offender is diagnosed with a mental disorder which makes it likely further offenses might occur.

The California Court of Appeal case of People v. Superior Court of Placer County shows the difficulties that a convicted defendant may face, even after the defendant has served his time and been cleared for release from custody.

No suitable residence located

The defendant had been committed to custody under the SVPA. Approximately 12 years later, the Superior Court found that he would not be a danger, provided he was under supervision and treatment. The court ordered that he be placed in an appropriate conditional release program.

The court reviewed the defendant's status five time over the following eight months and a number of issues arose. As just one example, after it appeared that the defendant might be placed at his mother's residence, his family withdrew it as an option because the family had been beset by local media. The court even extended the search to "any" residence, even beyond the county designated as his domicile, with more than 1,800 sites reviewed, but no suitable location was found.

Thereafter, the Department of State Hospitals notified Santa Barbara County of the intention to release the defendant in the county as a transient. The county filed a petition with the court opposing this plan. While court proceedings continued, the defendant was still being held in custody.

Was a fixed residential address required?

The California Court of Appeal noted that, while the SVPA allows for the involuntary commitment of a convicted sex offender, the offenders must be released when they no longer present a threat to society.

While there was nothing in the SVPA that expressly authorized a defendant's conditional release into an outpatient program without a fixed residential address, there was also nothing in the SVPA that required a fixed residential address before a conditional release.

To imply such a limitation into the law would raise serious constitutional issues regarding sex offenders covered by the law. To authorize an unspecified delay in the defendant's release, when securing a specific residence is not a requirement of finding a defendant no longer a danger, would create the risk of a person who is no longer a danger remaining in custody indefinitely due to some extraneous factor, such as public outrage.

Therefore, it was not legally impermissible for the superior court to have ordered the transient release of the defendant.

Seek compassionate and aggressive representation

If you have been accused of a sex offense, you may face significant issues, in addition to the potential criminal penalties. The repercussions may continue even after a prison term has been completed. Therefore, if you are accused, it is crucial that you immediately seek an experienced criminal defense attorney who can provide you with the compassionate and aggressive representation you need to protect your rights and reputation.

Article provided by The Law Office of Charles B. Smith
Visit us at www.charlessmithcriminallaw.com