Jan 28, 2025
A San Diego Superior Court judge has denied a request from officials that he revoke the conditional release of a sexually violent predator — a decision that may bring ripple effects for the housing of a second sexually violent predator. Last week, Judge Howard Shore ruled that Herman Smith, 78, will be allowed to leave a state hospital and return to the Jacumba home where he had been living, Deputy District Attorney Peter Estes said. But Merle Wakefield, whom the state contractors placed in the home temporarily while Smith was gone, may have to find a new place to live — perhaps a recreational vehicle — until a permanent home can be found. As a transient, he would be monitored, supervised and guarded for 24 hours per day. After serving a prison sentence for their crimes, sexually violent predators, or SVPs, undergo treatment in Coalinga State Hospital. It is a civil commitment, not a criminal one. If a judge eventually finds them suitable for conditional release, the state has to find housing. Those released remain monitored and supervised. But finding a home for sexually violent predators is beyond difficult — options are limited, landlords are leery and communities push back hard. If no home is found, the person might be released as a transient. In November, San Diego Superior Court Judge Yvonne Campos said nearly 7,000 properties have been evaluated for Wakefield’s potential housing, but no suitable permanent address was available. The three housing options they did find were rejected or rescinded. Wakefield was cleared for release in 2020 but remained in Coalinga. In November, Campos ordered Wakefield to be released as a transient. But the state contractor that oversees the conditional release of sexually violent predators had another option: the Jacumba home where Smith had been living. The home was vacant because officials wanted Smith sent back to the state hospital, although the reason why has not been disclosed. Smith was sent back to Coalinga to await a hearing regarding revoking his release. In the meantime, Wakefield moved into Jacumba. At a hearing Jan. 21, the judge declined to revoke his release and said Smith could return to the Jacumba home on conditional release. The evidence in the case was not discussed in open court as it involved private and protected medical information. Smith must be released back to the Jacumba home by Feb. 20. At a status hearing Monday, no specifics were finalized for Wakefield’s future placement, Estes said. City News Service contributed to this report. ...read more read less
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