A San Diego Superior Court judge has ordered that a man designated as a sexually violent predator be released as a transient because officials haven’t secured a place for him to live.
But release for Merle Wakefield is not imminent. His case will be back in front of Judge Yvonne Campos on Nov. 20, when officials are expected to present a plan for Wakefield’s release, which could include placing the 67-year-old in a motel. If Wakefield is eventually released as a transient, Campos has ordered that he have round-the-clock, in-person security.
Campos’ order to release Wakefield follows three prior attempts to find him housing; most recently there was a proposal in July to place him in Poway, but it was quickly rescinded. The court rejected a bid to put him in Mount Helix in 2021, and another site was rescinded that year when he was returned to Coalinga State Hospital to receive more treatment as a sexually violent predator.
Merle Wade Wakefield. (San Diego County Sheriff’s Office) Courtesy of the San Diego County Sheriff’s Department
Transient releases for people designated as sexually violent predators have been ordered in San Diego twice before — both were last December. But in both cases, state officials were able to find permanent housing before the men were released, and they now live in the same Jacumba Hot Springs home.
Sexually violent predators, or SVPs, have been convicted of a violent sex crime and diagnosed with a mental condition that makes them likely to re-offend. It’s a relatively small group, less than 1% of the state’s sexual offender population.
They are sent to Coalinga State Hospital, where they can choose to take part in a treatment program aimed at curbing criminal impulses. Participation could eventually lead to their conditional release. But it requires a judge to give the OK, under tight restrictions, and they are supposed to return to the county that initially sent them to prison.
The Public Defender’s Office, which represents Wakefield, declined comment on his case Thursday.
Wakefield was convicted in 1981 of committing lewd acts with a minor under 14, then convicted in 1990 of rape by means of force, violence or fear, according to the District Attorney’s Office. Following his release from prison in 1998, he was formally designated a sexually violent predator.
The District Attorney’s Office opposes Wakefield’s bid for release as a transient. “We believe transient releases pose a significant risk to the community and do not allow for proper monitoring and supervision,” the office said in a statement.
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The office said it is incumbent upon the Department of State Hospitals, which treats people deemed sexually violent predators, and its contractor, Liberty Healthcare, to find suitable housing for people ordered conditionally released.
“We will continue to oppose transient releases and will insist that Department of State Hospitals fulfill their duty to find suitable fixed placement,” the District Attorney’s Office said.
Department of State Hospitals officials noted Thursday that it does not place people designated as sexually violent predators into a community “until a court has determined it is safe and appropriate to do so.”
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Intense neighborhood pushback can make it exceptionally difficult to find housing for those cleared for conditional release. Last week, a state audit of the SVP conditional release program found that it takes an average of 19 months to find a suitable home in San Diego County. Statewide, the average is 17 months.
During that wait, people who have been cleared for release are kept in Coalinga. The audit released last week suggested that in lieu of that, participants awaiting release should be moved into group housing outside the hospital. State Hospitals officials rejected the suggestion, citing several reasons.
The audit also found the conditional release program has cost the state $93 million to place and monitor 56 participants on release — an average of $1.6 million per participant.