A sexually violent predator is slated for release in Merced County. What we can do about it | Opinion
As a mother of children who are now adults, I recall being haunted by the possibility of having their safety compromised by a child predator. Are they safe walking home from school? Do their friends live in safe neighborhoods?
Sexually violent predators, who have been legally labeled as such, have earned their title. They present a clear danger to our neighborhoods and families.
Becoming a sexually violent predator does not happen by accident. These are individuals who have committed heinous crimes and egregious acts of sexual violence and who have been diagnosed with a mental disorder that predisposes them to re-offend. The vast majority of these predators have a lengthy history of sexual violence dating back decades.
Meanwhile, traditional rehabilitation methods are often unsuccessful and require specialized treatment and intensive supervision.
Opinion
In California, we have legislation in place to address the management of sexually violent predators. Notably, Senate Bill 1034, which went into effect in 2023, aimed to enhance oversight and management by providing clearer guidelines for an sexually violent predator’s release and supervision. However, despite these efforts, significant loopholes persist in the law. One glaring gap allows sexually violent predators to be released on transient status. In other words, they are permitted to reside in an RV-like trailer in communities, as long as schools or daycare facilities are not nearby.
This provision is deeply troubling. These individuals could potentially live next door to families, putting our loved ones at risk. This cannot be tolerated.
Currently, my district faces a pressing issue, with five sexually violent predators slated for release. These individuals have committed unspeakable acts. It is my duty — along with my colleagues in the legislature — to ensure these predators do not pose a threat to society upon their release.
In the 13 counties I represent (which are predominantly rural communities), we often witness the release of sexually violent predators into our neighborhoods. This practice places an undue burden on our already vulnerable communities. Right now, there are 21 sexually violent predators eligible for release across the state, and an additional 14 who are pending release through the Department of State Hospitals’ Conditional Release Program. It’s already challenging enough for the department to find suitable housing for these predators, so to consider transient status for an sexually violent predator’s release is beyond preposterous. I don’t want to imagine what the future holds if that was to become the case.
What’s equally disturbing is the misinterpretation of SB 1034 by the Department of State Hospitals and some local courts. Current law states that any sexually violent predator pending release must be released into their county of domicile. Additionally, the Department of State Hospitals must form a public housing committee and publicly post meetings to involve residents and county leaders. If the department is unable to find suitable housing for the individual in their county of domicile, they must petition the court under “extraordinary circumstances” to restart the housing search in a newly identified county.
In 2022, Amador County fought vehemently to keep a sexually violent predator from being released into its jurisdiction and won its case in 2023 following the passage of SB 1034. Now, Merced County is in the same position, as a recent ruling by the Stanislaus County Superior Court — the county of domicile for the predator — stated that he is to be released in Merced this month.
The decision-making process surrounding the placement of sexually violent predators remains shrouded in mystery. We don’t know who’s making the decisions, and we don’t know how the decisions are being made. This lack of transparency only fuels public distrust and exacerbates fear.
We cannot continue to ignore these glaring issues. We owe it to our communities to take strong action to address these loopholes and ensure the safety of our residents. This means strengthening oversight mechanisms related to the Department of State Hospitals, closing the gaps in our laws that allow sexually violent predators to evade accountability and advocating for increased funding for mental health resources, especially in rural communities.
Our families deserve better than the current processes in place, given that the release of sexually violent predators after they have served their sentences is inevitable. I am pledging to work with my fellow colleagues in the legislature to bring change.
California State Senator Marie Alvarado-Gil represents the counties of Alpine, Amador, Calaveras, El Dorado, Inyo, Madera, Mariposa, Merced, Mono, Nevada, Placer, Stanislaus and Tuolumne.
