Sexual Predator Must Be Released, Judge Rules

From the Associated Press

A judge ruled that a sexually violent predator must be freed within two weeks to live wherever he likes in Sacramento County, saying state officials took too long to find him suitable housing.

The pending July 28 release of Timothy Lee Boggs, who was convicted of molesting 9-year-old boys in the 1980s, comes 14 months after he should have been released following completion of his prison sentence and treatment at Atascadero State Hospital.

Boggs will be the sixth sexually violent predator in 10 years to win release from Atascadero after completing its four-stage treatment program. He will be the first to be released without having housing ready.

Sacramento Superior Court Judge Ronald W. Tochterman ruled Friday that Boggs, 51, of Sacramento can live anywhere in the county as long as he abides by certain restrictions and completes at least a year of group therapy.

“It is 100% clear under the law that Mr. Boggs is entitled to be released,” Tochterman said. “I recognize that there is a significant danger that Mr. Boggs may reoffend.... On the other hand, he has paid his debt to society, and then some.”

Boggs was supposed to be released from Atascadero in May 2005, but officials stalled while they unsuccessfully searched for an acceptable place for him to live. Tochterman rejected a request from state and county officials for another delay.

Tony Seferian, a deputy state attorney general, said that the state made 269 attempts to find Boggs a home but that no one would rent to him.

Boggs must be released in Sacramento County because that was where the crimes occurred.