California Dept. of Mental Health Illegally Releases 17 Thousand Sex Offenders

[LogicalMinds]

INfo from Wiki

http://en.wikipedia.org/wiki/Jessica's_Law

Bill O'Riley has a good page on Jessica's Law

http://www.billoreilly.com/outragefunnels

Now.....I have to wonder...what other states are doing what California is doing?? Bypassing the law to cut corners and save money??

I can clearly see that Florida's DCF is engaged in dangerous budget shaving measures...how could I find out if our state is doing the same sort of catch and release game that Calif is playing with sexual predators?


I will also state right now that I do maintain we need a better way to classify these creeps...we need to sort out the juvenile offenders, the so called "romeo and juliets" from the real predators....IMHO the predators need to be put away...one strike and out for life

 

[nomoresorrow]

You have read the information. Now please understand this;

Not one thing has been done about this problem. Here we have solid black and white proof of the California Department of Mental Health breaking the law (which resulted in the death of a young girl at the hands of a released predator) and nobody does a thing. NOTHING.

You can bet your behind that if Brittney Spears complains about the paparazzi following her too closely she'll get action. Someone will pay attention to her complaints.

But I guess when the California Department of Mental Health breaks the law 17 THOUSAND times and each one of those times represents a dangerous predator being released to an unknowing public then that gets put on the back burner.

For once my fingertips are at a loss as to what to type.

Tricia, first off, I'd like to thank you for bringing this to our attention! Secondly, I am as outraged as you. However, I am not surprised in the least that this is occurring - matter of fact, I suspect that California is not the only state where this "practice" is taking place unfortunately. What can we do to help change and stop this from continuing? I live in Maine so I don't know if/what I can do to help but perhaps Marc would have some idea(s).

I did a research paper for school last year on the sexual abuse epidemic in this country. I touched upon this subject but, at that time this recent information from Marc wasn't available. However, I did find some extremely troubling information regarding released sex offenders who were, at the expense of the tax payers, being housed in motels/hotels, unbeknownst to hotel/motel guests, in order to avoid having to register (post-release registration/relocation varies state-by-state, but usually required within 10 days - I think California is 5-days), which would put them on the radar and "out" the fact that groups of them were/are being housed within communities at the local motels/hotels, the parole officer's would pick them up (watched a surveillance tape of this playing out) and then take them to another town/city to stay at a hotel/motel there and this would be repeated... unless/until adequate housing (housing in an area without code/legal restrictions on RSO's AND a monthly rental fee that the state and/or the released offender could afford/or willing to pay). This is a huge problem; it's a dangerous "shell-game" that most people don't even realize is being played out in their own town/city - or an unknowing hotel/motel guests(s).

With that said;
I'd like to express my gratitude to those professionals, the "whistle blower's", for having the strength and the courage to come forward - Thank you and God Bless you!!! Many people do not understand how difficult it is/can be to do this within a bureacracy. Not only is it difficult, it can be (and usually is)downright scary! These people need our (the public's) support and I hope that we'll all band together here and give it to them.

I'd also like to thank Marc Klaas (I love you Man!!!); for his tireless work/efforts to help make this world a better and safer place for every child and for bringing this information to the public's attention. Although I may not always agree with Marc (re: Haleigh case), I respect and admire him beyond measure. Marc Klaas is a true American Hero in my book!

Last - but not least - Thank you Tricia for all that you do to help bring change & justice, two things that we so desparately need now-a-days, and for using size 5 text that effectively screams "I'm pizzed!" It inspires me to not be afraid and to speak up/out too - I hope you never change!

 

[sandangel]

I am so sick about this that I can't fight back the tears. This is so davastating! It was already plenty unsafe out there for our children as it was, now this!! This country is falling to pieces.

 

[nomoresorrow]

~ Respectfully snipped ~

Originally Posted by LogicalMinds;
>>> Problem #1....Pedophiles and sexual deviants and predators and sociopaths will not be cured, they don't want to be cured, they see nothing wrong with what they do, and they intend to do it however and wherever they can. They are not going to change and should be eliminated or segregated from society forever> Penal colony, islands worked before..ie, Alcatraz

>>>Problem #2.. Mentally ill people do not take their "meds"..and they are dangerous to themselves and others. How many of these cases on these boards is the person "bipolar" or "off their meds"?? I speak as a person who had an uncle with mental illness..who was in mental hospitals...my family was safe thanks to that.

I hope that you don't take offense Logical but I don't understand the connection between sex offenders and people with a mental illness? Perhaps I missed a piece of info somewhere and, if that's the case, could you please point me in the right direction - TIA.

 

[Patty G]

Is the violation of "Jessica's Law" only happening in California or are there other states that also are violating the law?

If others states are in violation of "Jessica's Law" then the movement should be to get all the states to follow the law.

It's clear something is wrong as the High Risk Sex Offenders who never killed before are now going to a much higher level.

 

[LogicalMinds]

~ Respectfully snipped ~



I hope that you don't take offense Logical but I don't understand the connection between sex offenders and people with a mental illness? Perhaps I missed a piece of info somewhere and, if that's the case, could you please point me in the right direction - TIA.

Dept of MENTAL HEALTH is the topic of this thread ....which I believe is probably understaffed in most states

the situation described here was that of Psychiatrists who were supposed to interview these offenders before they are released and are not doing their job, "lack of funds"....

which leads to the fact that these same "Dept of Mental health" are also not providing services to people who need it....mentally ill people are not monitored...families with a mentally ill person, "off their meds" have few resources..what can they do?? and one only needs to look at these many cases to see how many mentally ill people not only commit crimes but are victims of crimes

 

[Patty G]

>>> Problem #1....Pedophiles and sexual deviants and predators and sociopaths will not be cured, they don't want to be cured, they see nothing wrong with what they do, and they intend to do it however and wherever they can. They are not going to change and should be eliminated or segregated from society forever> Penal colony, islands worked before..ie, Alcatraz

.

There are a lot of people classified as "sociopaths" in the world and it would be difficult to "eliminate or segregate" them from society as most just enjoy hurting, lying or using people in life. I know a few of them in my lifetime.

 

[LogicalMinds]

Patty I am afraid that many states are bending the law and letting these offenders out again in the name of budget cuts

I have posted before about my disgust at the DCF in Florida..

people on these boards say "report abuse"...or "I would turn them in" or "why didn't anyone turn them in?" but the fact is that with double speak and double talk our DCF found a way to cut their case load...they just don't take the cases

Cries for help to DCF hot line go unheeded by design

Reminds me of "newspeak" in George Orwell's 1984 book....just change the parameters and all is "well"....
Florida solved the problem of too many cases by just not taking more cases, by ignoring them. A quote from the article " Beginning last year, DCF dramatically increased the number of abuse calls considered unworthy of investigation.

In an effort to reduce workload -- and the system-wide stress that high case loads generate -- intake workers at the Tallahassee-based hot line have been screening out tens of thousands of calls"
Likewise, California has decided to simply NOT follow their own guidelines as written under Jessica's Law....they have decided on a rubber stamp approach to let these predators out of prison to control spending on prison budget.

and what else is going on??

How can we find out what is being done in our own states in regards to Jessica's Law?? thanks

 

[LogicalMinds]

There are a lot of people classified as "sociopaths" in the world and it would be difficult to "eliminate or segregate" them from society as most just enjoy hurting, lying or using people in life. I know a few of them in my lifetime.

True..and they can't do that...but when sociopaths commit crimes they need to be put away for good IMHO.

 

[cianne]

Just want to stick this article in here:

Constitutionality of 'Jessica's Law' questioned
Treating sex predators differently from other violent offenders may violate equal protection guarantees, the California Supreme Court says.

January 29, 2010|By Maura Dolan

The California Supreme Court ruled 5 to 2 Thursday that a 2006 ballot initiative that permitted the state to lock up sexually violent predators indefinitely may violate constitutional guarantees of equal protection.

dear california supreme court;

I. Don't. Care.

sincerely,
someone who wishes not to be raped and murdered because the pervs of the world need to have "equal protection".

 

[smart blonde]

~ Respectfully snipped ~



I hope that you don't take offense Logical but I don't understand the connection between sex offenders and people with a mental illness? Perhaps I missed a piece of info somewhere and, if that's the case, could you please point me in the right direction - TIA.

It was California's Department of Mental Health that just released 17,000 sex offenders.

I'm guessing that these 17,000 sex offenders have mental health issues.

~That doesn't imply that all people (or even most people) that have mental health issues are sex offenders, but I think it is safe to assume that most (if not all) sex offenders do have mental health problems.

 

[nomoresorrow]

Dept of MENTAL HEALTH is the topic of this thread ....which I believe is probably understaffed in most states

the situation described here was that of Psychiatrists who were supposed to interview these offenders before they are released and are not doing their job, "lack of funds"....

which leads to the fact that these same "Dept of Mental health" are also not providing services to people who need it....mentally ill people are not monitored...families with a mentally ill person, "off their meds" have few resources..what can they do?? and one only needs to look at these many cases to see how many mentally ill people not only commit crimes but are victims of crimes

Got it! Thank you for explaining that to me Logical.

I've got alot of questions running through my mind right now...
Although I knew about SO civil commitments, somehow I missed a HUGE piece of this process! I did not realize, until now, that a state's mental health department (DMH) were the managers/decision-makers in the process. It was my understanding that the decision was (1) a recommendation made by a correctional facility's staff psychiatrist/psychologist, then (2) it went before a judge who would make the final decision based on the correctional facility's psychiatrist/psychologist recommendation, in addition to any other supporting and/or opposing information. So let me ask, for anyone who may know the answer; If a SO is civilly committed, is there a mental illness diagnosis? What is it? Are they then eligible for social security disability benefits? (TIA)
:banghead:

 

[Tricia]

Got it! Thank you for explaining that to me Logical.

I've got alot of questions running through my mind right now...
Although I knew about SO civil commitments, somehow I missed a HUGE piece of this process! I did not realize, until now, that a state's mental health department (DMH) were the managers/decision-makers in the process. It was my understanding that the decision was (1) a recommendation made by a correctional facility's staff psychiatrist/psychologist, then (2) it went before a judge who would make the final decision based on the correctional facility's psychiatrist/psychologist recommendation, in addition to any other supporting and/or opposing information. So let me ask, for anyone who may know the answer; If a SO is civilly committed, is there a mental illness diagnosis? What is it? Are they then eligible for social security disability benefits? (TIA)
:banghead:

If anyone knows the answers for certain please post. I am going from memory here and may be totally wrong.

It is my understanding that a sex offender can be ruled a danger to society and can be civilly committed in a mental health hospital indefinitely before they are released from prison.

If there is a specific diagnosis it is probably different with each S.O.

The civil commitment law was made because these animals were getting out of prison and their doctor's knew they would re-offend. To prevent this the civil commitment law was put into effect, tested in the courts, and still stands today thank God.

I doubt they get any benefits as they are being cared for by the state.

The idea of Jessica's law was not to let the really bad ones out into society again and to have them civilly committed. That's why they needed two in person sessions with different doctors to decide who would and would not re-offend.

My guess is they have been ignoring Jessica's Law since it went into effect over 3 years ago.

 

[nomoresorrow]

I'd just like to clarify that the questions asked in my reply/post above are not asked out of any care/concern for a SO's rights or liberties as I believe that SO's cannot be rehabilitated therefore I support life imprisonment and even the DP in some cases for these monsters - that said, the reason for my questions and yes, my concern, is because I do not want these monster's crimes attributed to mental illness! If they are currently being civilly committed based on a mental illness diagnosis, that makes them a patient, not a prisoner, and in that case, it will only be a matter of time when that comes back to bite us all in the arse. I for one do not believe that what drives them to offend is caused by mental illness, nor do I believe that the offense, in and of itself, is, or should be, deemed & given it's own mental illness diagnosis - Are we supposed to feel better about it because at least for now, for today, they're out of society? What about next year, or the next... when the measures used to keep them locked up (where they should be), end up being the very thing that sets them free AND could end up being a get out of jail free card somewhere down the road because, "he didn't mean to molest or rape those 3,5,8,...girls/boys, he has a mental illness, he can't help himself, it's not his fault..." Not meaning to rant here - this just came as a surprise to me...

MOO~

 

[nomoresorrow]

I found the following link which explains the state of Minnesota's sex offender civil commitment process;

http://www.ombudmhdd.state.mn.us/cctrc/sexoffenderccfactsheet.htm

ETA: Snipped from above link, BBM;
Usually, the petition for commitment is filed shortly before the person is scheduled to be released from prison, after having served a complete prison term.

I don't know what California's SO civil commitment process is entirely (still digging) but I thought somebody here might know if the same (bolded above) applies; the offender has to serve their complete sentence in order to be civilly committed? I wonder how many of these 17,000 SO's served their full sentences?

 

[nomoresorrow]

Thu, 03/04/2010 - 02:13
After Marc Klaas’ daughter, Polly, was kidnapped and murdered in 1993, he put together the KlaasKids Foundation, in order to create a legacy in his daughter’s name and help protect other kids with his mission of stopping crimes against children.

Below, Klaas shares his opinion with Larry King Live blog after the news that 17-year-old Chelsea King’s body may have been found in a shallow grave in San Diego and that a registered sex offender has been charged with her rape and murder.

My name is Marc Klaas and my daughter Polly was murdered by a violent sexual predator in 1993.

In 2006, Californian’s voted to pass Proposition 83, otherwise known as Jessica’s Law. Among other things Jessica’s Law mandates that, prior to release from prison, violent sex offenders who meet certain offense criteria be evaluated in person by two expert psychiatrists or psychologists. If the experts agree that the prisoner is a violent sexual predator with a high risk of reoffending the prisoner must be referred to the District Attorney for civil commitment proceedings.

Currently, California’s Department of Mental Health (DMH) Sex Offender Commitment Program managers are simply providing a cursory ‘paper screening’ or record review of potential predators by one mental health professional in lieu of an expert panel in-person evaluation. This violation of California law has thus far dumped more than 17,000 potential sexual predators back into society.

In 2007, convicted rapist Gilton Petri was released as a result of a ‘paper screening’ and within 4 days kidnapped, raped, and murdered 15-year old Alyssa Gomez. Petri is currently awaiting trial for Alyssa’s murder.

Are you as outraged as I am that California’s DMH is ignoring the law at the expense of public safety? If so, contact Attorney General Jerry Brown and demand that he take appropriate action now. For maximum effect call, fax, write and email him now. I have provided his contact information below.

Mailing address:
P.O. Box 944255

Sacramento, CA 94244-2550

Phone: (800) 952-5225

Fax: (916) 323-5341

Email using online forms: http://ag.ca.gov/consumers/general.php


http://www.gwpublishing.org/aggregator/categories/4

 

[txsvicki]

If calif. is doing this then Texas probably is and other states. State laws are broken a lot by people ignoring and taking shortcuts, but this is outrageous. Something has to be done.

 

[shadowraiths]

Got it! Thank you for explaining that to me Logical.

I've got alot of questions running through my mind right now...
Although I knew about SO civil commitments, somehow I missed a HUGE piece of this process! I did not realize, until now, that a state's mental health department (DMH) were the managers/decision-makers in the process.

Civil commitment of RSOs occurs after an individual has either served their full sentence or been released on parole, and falls under a special provision for sexually violent predators (SVP) under California's Lanterman-Petris-Short Act (LPS) aka California Welfare & Institution Code, sec 5000 (WIC) (click here), specifically, the 1996 Sex Offender Commitment Program (click here), and as such is managed under the department of mental health (DMH). In other words, federal, state and county correction systems cannot legally confine an individual beyond their sentence.

This is where the mental health department and civil commitment come into play. What this involves is risk assessments using any one or more tools including but not limited to the violence risk appraisal guide (VRAG), sex offender risk appraisal guide (SORAG), Static-99, penile plethysmograph (PPG), and/or psyhcopathy check list-revised (PCL-R).

As for being diagnosed with a mental illness? While RSOs can, and often do, have dual diagnosis, such as, for example, meeting the criteria for a paraphilia (such as pedophilia) under Axis I and anti-social personality disorder under Axis II, in the DSM-IV, these do not meet Social Security disability criteria. Futhermore, their felony conviction disqualifies them from receiving social security disability benefits, even if they are found to have a qualifying mental disorder. Importantly, while the aforementioned is specific to California, several states have implemented similar civil commitment models for SVPs.

Furthermore, this model has been, and continues to be, challenged as unconstitutional by the ACLU. Specifically, as violating the individual's 8th amendment rights (i.e., Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted).

That being said, since this type of commitment does not receive federal funding, expect to see more of this (i.e., the releasing of SVPs) as our economy continues to go down the toilet and states start running out of money.

ETA ~ Here's the 2008 report from the California Sex Offender Management Board: PDF

 

[Sanddollar14]

Patty I am afraid that many states are bending the law and letting these offenders out again in the name of budget cuts

I have posted before about my disgust at the DCF in Florida..

people on these boards say "report abuse"...or "I would turn them in" or "why didn't anyone turn them in?" but the fact is that with double speak and double talk our DCF found a way to cut their case load...they just don't take the cases

Cries for help to DCF hot line go unheeded by design

Reminds me of "newspeak" in George Orwell's 1984 book....just change the parameters and all is "well"....
Florida solved the problem of too many cases by just not taking more cases, by ignoring them. A quote from the article " Beginning last year, DCF dramatically increased the number of abuse calls considered unworthy of investigation.

In an effort to reduce workload -- and the system-wide stress that high case loads generate -- intake workers at the Tallahassee-based hot line have been screening out tens of thousands of calls"
Likewise, California has decided to simply NOT follow their own guidelines as written under Jessica's Law....they have decided on a rubber stamp approach to let these predators out of prison to control spending on prison budget.

and what else is going on??

How can we find out what is being done in our own states in regards to Jessica's Law?? thanks

And then for the cases they do investigate and find to be problematic, they put the family under "DCF Protective Services" and allow the children to remain in the abusive and/or neglectful home. :banghead:

 

[believe09]

Just want to stick this article in here:

Constitutionality of 'Jessica's Law' questioned
Treating sex predators differently from other violent offenders may violate equal protection guarantees, the California Supreme Court says.

January 29, 2010|By Maura Dolan

The California Supreme Court ruled 5 to 2 Thursday that a 2006 ballot initiative that permitted the state to lock up sexually violent predators indefinitely may violate constitutional guarantees of equal protection.

http://articles.latimes.com/2010/jan/29/local/la-me-sexpredator29-2010jan29

I think you are getting to the heart of why CA can ignore Jessica's Law. IIRC the Supreme Court of the United States will be ruling this summer on Delaware's law that essentially extends the sentences of SO's who are deemed violent and unrehabilitated.

We need state and federal laws to catch up to what we know about predators. How about truth in sentencing? If you are convicted of a felony, why shouldnt you have to serve at least the minimum of your sentence?