Questions on Sex Case Releases

Remember the uproar a few years ago over the laws that let authorities keep certain kinds of offenders incarcerated past their scheduled release dates? Well, it was quite a flap, and there was always a possibility that the laws would be struck down in the courts. In view of that, you might think a well-developed contingency plan would have been ready in case a court suddenly ordered the release of a lot of inmates. Yes, you might think that. Read on.

At the center of the matter were the so-called “Megan’s Laws” passed by various states, laws that require strict tracking of paroled sex offenders. Statutory spin-offs in California and some other states were meant to deal with those deemed to be continuing threats; these individuals could be held indefinitely for further mental treatment.

An appellate court ruled recently that mentally ill inmates who had been detained past their release dates will now have to be freed. One was James Edward Porter, who had been held past his November 1997 parole date. Porter had been serving time at Corcoran State Prison for robbery and rape. He had two prior sex-related offenses.

Authorities left Porter wearing an electronic anklet with a 250-foot-radius response to keep him from leaving the Fresno motel where he was dropped off. Less than 12 hours later, he was charged with one count each of forcible rape, oral copulation and penetration with a foreign object. His alleged victim was a 62-year-old woman who had been staying several doors away from him.

Porter of course is innocent unless he is proven guilty, but where was all that intensive parole supervision promised last Wednesday by Jim Nielsen, chairman of the state Board of Prison Terms, when the inmates were being released? Were Fresno police notified about Porter? State officials said they gave warning last month. But the Los Angeles Police Department said it was given no warning of releases here. Moreover, Porter’s placement at a motel and a failed attempt to place 12 of the inmates in a single Los Angeles retirement home suggest not a plan but panic.

California officials said the appellate decision leaves the state’s violent sexual predator law intact. That’s not clear at all, and why didn’t Porter, with two prior violent sex acts, come under its aegis? A hearing is in order to answer these and related questions. There will be many more releases of such prisoners. If there is a plan in place now, it needs some work.