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| L.A. Judge Has Sex Offenders Plan |
| By Associated Press |
| Published: 07/05/2002 |
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Repeat sex offenders who have completed their prison terms but are still being held under a 1996 California law must be given mental health treatment while they remain in custody, a judge ruled. Superior Court Judge David Wesley's order, issued June 25, applies to 203 Los Angeles County convicts who are awaiting hearings to determine if they will be sent to state mental hospitals. Officials say the ruling could lead to similar motions by sex offenders throughout the state. Under the state's Sexually Violent Predator Act, repeat sex offenders are kept jailed until hearings are held to determine if there is probable cause they may commit new sexually violent crimes. If two mental health evaluators find an offender is still a threat and a judge or jury agrees, the offender can be held indefinitely at Atascadero State Hospital. The hearing process can take years, and attorneys for sex offenders say their clients are not receiving mental health treatment while they wait. Lawyers for about a dozen sex offenders filed legal motions contending the state has been acting unconstitutionally by holding the men in jails rather than hospitals and by denying treatment while wait. The California Supreme Court ruled in 1999 that the law is constitutional but should not be punitive or treat offenders as criminals. Wesley ruled that it had been applied punitively in Los Angeles County. The California Department of Mental Health is considering an appeal and has no plans to implement the order, said Nora Ramero, a department spokeswoman. The county is also considering whether to challenge the order. The judge's ruling directed the Sheriff's Department to keep repeat sex offenders segregated from the general jail population and to provide them with privileges similar to those at Atascadero State Hospital. |
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