County calls for changes to state sexually violent predator release program

The San Diego County Board of Supervisors urged state changes in the state sexually violent predator conditional release program.

The 5-0 vote February 1 directs the county’s Chief Administrative Officer to work with the county’s state legislators to amend the state’s release program and community notification guidelines. The motion also directs the CAO to monitor any proposals by the governor or the state legislature to restructure the treatment, custody, supervision, or residential placement of sexual violent predators in the community.

“It will basically put an iron grip on sexually violent predators,” said Supervisor Dianne Jacob. “The public needs to know that we will not welcome sexually violent predators in our neighborhoods.”

On January 12, the California State Department of Mental Health announced its plans to release Douglas Badger from Atascadero State Mental Hospital. Badger was to be sent to a residential placement facility near San Diego State University. The planned release of the first sexually violent predator to be placed in San Diego County was disturbing enough to residents and local officials, but most of Badger’s victims were males between the ages of 18 and 29, so the placement of Badger in an area with a disproportionate amount of people in the same age group as his victims was an even greater concern.

“We need policies that would protect somebody like Mr. Badger from residing near a college campus,” said Supervisor Ron Roberts, whose district includes San Diego State University. “The residents of the College Area and I were extremely concerned that a high-risk sexually violent predator was recommended for release in their neighborhood.”

Badger is classified by the Department of Justice as a high-risk sex offender because he has been convicted of multiple sex offenses. He has admitted to crimes against more than 20 victims.

“He’s a violent repeat offender. No amount of treatment will cure this violent, sick individual,” Jacob said.

The state’s Welfare and Institution Code requires that sexually violent predators be released into the county they resided before they were convicted. The county’s proposed changes include repealing that law to ensure that sexually violent predators are not placed in the county where their victims reside.

“Those who have suffered at the hands of these people should not have to live in any more fear than they have to,” Roberts said.

Currently the state does not have residential guidelines to ensure that the placement of released offenders does not compromise the safety of citizens. The proposed changes also include establishment of residential placement guidelines, and another proposed change would prohibit the state contracting agency from unilaterally waiving conditions of release without some form of public input and notice.

After a judge confirms the placement of a sexually violent predator, he or she is conditionally released under the supervision of Liberty Health Care, a for-profit organization which contracts with the State Department of Mental Health to provide oversight. The conditional release program includes global positioning system monitoring, covert surveillance, announced and unannounced face-to-face visits both at home and away from home, random urine tests for illegal substances, random phone checks, unannounced searches of residences and vehicles as well as of the offender, approval of schedules and travel routes for time outside of the residence, weekly treatment contacts, polygraph testosterone levels, and penile plethysmographs which measure sexual arousal.

Currently Liberty Health Care can overturn most of the conditions without any notice to the public. While Badger is prohibited from associating with known sex offenders and other criminals, his placement in a group home for released offenders would allow him to live in close proximity to those with whom he is prohibited from associating.

“His proposed placement would have asked him to live with other known criminals and sex offenders,” Roberts said. “This doesn’t make any sense.”

The Welfare and Institution Code describes the process by which local governmental agencies and communities receive information on the placement of sexually violent predators, but the law is ambiguous in terms of the notification process timeline. The College Area only had ten days to provide input on Badger’s proposed release, and those ten days were during San Diego State University’s Winter break, when many students had vacated their school-year residences.

The county’s recommended changes include a minimum of 45 days for public comment on proposed residential placement of sexually violent predators. “First and foremost, the public notification period needs to be expanded,” Roberts said. “These sexual violent predators are not being released without risk to the community.”

The county’s other proposed changes include the licensing and regulation of “alcohol and drug-free housing” and guidelines for minimum distances from child-based services and proximity to other similar facilities. The supervisors also directed the CAO to add the proposed changes to the county’s 2005 legislative program.

“It’s hard to comprehend laws that state things that seem so completely counter to common sense,” said Supervisor Pam Slater-Price.

“We owe it to the public to strengthen these guidelines in order to protect the public as best as we can,” Roberts said.

While Badger was the first sexually violent predator recommended for release, Atascadero State Hospital has 63 sexually violent predators waiting to be released in San Diego. “This is the first of several,” Roberts said of Badger’s situation.

“We need to be as proactive as we can,” said Supervisor Greg Cox. “I think the state really needs to look at how they are handling this.”

Faith House, the College Area residential facility, has opted not to accept Badger. Jacob proposed a trailer outside of Donovan State Prison to house Badger, and the supervisors may officially approve such an option for placement of sexually violent predators at a future meeting.

“We need to find a location that would be a legal option for us,” Slater-Price said.