Predators need monitoring
Predators need monitoring
Trumbull County Prosecutor Dennis Watkins managed to delay the early release of a convicted child rapist, but only for two years.
And that small victory illustrates the need for the Ohio General Assembly to address a thorny issue: How does the state meet its obligation to protect its citizens from a sexual predator once the predator has completed his sentence?
Most states have sexual predator registration laws, which work to some extent. But when they fail, as in the California case of Jaycee Lee Dugard, who was abducted at age 11 by Phillip Garrido, the failure can be spectacular and tragic. Garrido abducted a girl, held her captive, raped and impregnated her — all while he was not only a registered sex offender but while he was on probation.
Closer to home, the Ohio Parole Board announced in July that it was prepared to release Juan Wade, 46, of Warren, who had served 23 years of a 7-to-25-year sentence he received after pleading guilty to raping two young girls and a boy. Incredibly, Wade was to be released into the custody of a brother, also a convicted sex offender.
Watkins demanded a full hearing on Wade’s impending release and made a convincing case to the parole board that its initial decision to release Wade was an error. It can’t have hurt to have had the Garrido case make national headlines between the parole board’s initial decision and its full hearing last week.
What’s next?
But, as we said, there’s a second looming question. What happens when Wade is released two years from now after completing his full sentence? His most recent evaluation shows that he is at high risk of recidivism. In recent years he has refused to participate in treatment programs for sexual predators, which is one of the reasons no halfway house would accept him, leaving only his brother as a potential custodian.
There is a bill in the General Assembly, S.B. 67, that would allow a prosecutor to seek a court order of civil commitment of a convicted sexual predator who is likely to be a repeat offender. The Department of Mental Health would provide residential or outpatient treatment or electronic monitoring of a sexual predator, even if the predator had completed a jail sentence.
Nineteen states have such laws and the Ohio General Assembly should follow their lead. Prosecutors should be required to make a strong case, and judges should tread carefully in denying a person — even a person perceived to be dangerous — of his or her freedom. But the law would be a logical alternative to releasing into society a sexual predator who denies he has a problem and refuses treatment.