Court: Calif. Predator Law Covers Only Those Who Victimize Strangers
Originally published by The Associated Press, August 23, 2002
SAN FRANCISCO — The state's high court ruled that a sex predator law allowing offenders to be detained in mental hospitals after they are released from prison applies only to criminals who victimize strangers.
The law does not apply to sex offenders who are found likely to victimize family members or friends, the justices said in a unanimous decision Thursday.
"Because predatory offenders could strike at any time and victimize anyone, they pose a much greater threat to the public at large," wrote Justice Joyce Kennard.
The ruling does not mean immediate release for any of the 302 sex predators, 301 men and one woman, now held in state mental hospitals under the 1996 law.
California's law, similar to those in 18 other states, applies to prisoners nearing release who have been convicted of violent sex crimes against two or more victims and who have been diagnosed with a mental disorder that makes future attacks likely. After a jury trial on the issue, an inmate found to be a sexually violent predator can be held in a mental hospital for two years, a process that can be repeated indefinitely.
