A pair of men deemed to be sexually violent predators were ordered to be conditionally released from a state hospital by two San Diego Superior Court judges Thursday despite the men having no permanent residences available to them.
Alvin Ray Quarles (San Diego Sexual Assault Felony Enforcement Task Force)
The rulings come after years of legal battles and unsuccessful searches for qualified permanent residences, an issue that has plagued the release program for people convicted of sex crimes who have served their prison terms but were diagnosed with mental disorders, classifying them as sexually violent predators.
The program allows sexually violent predators, or SVPs, to be released from mental institutions after undergoing treatment to permanent residences that meet certain criteria — such as being located a certain distance away from schools. Those released remain monitored and supervised.
On Thursday, Alvin Ray Quarles — dubbed the “bolder-than-most” rapist — and Merle Wakefield, both convicted of rape, were ordered released as transients, meaning that they will be living in temporary housing, possibly at multiple locations, until a permanent home can be located.
Monitoring and supervision will still be performed, with both judges ordering that the men be guarded for 24 hours per day until permanent housing is located.
During the hearing for Wakefield held Thursday morning, Judge Yvonne Campos stressed that he had been granted his release in 2020 but had remained in Coalinga State Hospital while Liberty Healthcare, which oversees SVP releasees, searched unsuccessfully for a permanent home.
According to a report cited by Campos, Liberty had performed more than 6,000 property searches.
“Wakefield is due his qualified liberty,” Campos said, noting that previous judges had already ruled that Wakefield should be released.
Related Articles
Woman sentenced for burning Bay Area homeless camp
Morgan Hill welcomes 73 units of affordable housing to help farmworkers, homeless residents
Milpitas allocates $700,000 to rent relief program
UC Berkeley student housing construction at People’s Park site going as planned
San Jose experiments with program to tackle oversized, lived-in vehicle challenges
With no permanent housing located, Campos ordered Wakefield to be released to one of two homes that had previously been occupied by SVP releasees who are currently in the midst of legal proceedings, leaving the homes vacant, for now.
Should the previous tenant be returned back to the one residence, Wakefield would be moved to another location. But if the tenant was to be returned back to the state hospital, Wakefield could be placed in that residence permanently.
Campos ordered that the release occur no later than Tuesday. The location of the residence was not disclosed. Campos did not order that the public be notified of the placement, with the defense counsel contending that since the placement was temporary and subject to change, a hearing was not required and would delay the release.
The option to have Wakefield placed in a now-vacated residence was chosen over options for Liberty to purchase Wakefield an RV or have him stay in hotels or motels.
Campos stressed that she was considering the public’s safety in her ruling.
“He is going to be monitored,” Campos said.
Merle Wakefield. (San Diego County Sheriff’s Office) Courtesy of the San Diego County Sheriff’s Department
A few hours later, during a hearing that lasted less than five minutes following discussions in chambers out of the view of the public, Judge Marian Gaston made a similar ruling regarding Quarles’ release as a transient.
“We do not preventatively detain people,” Gaston said, granting the release and noting that Liberty has “a perfect safety record.”
But unlike in the Wakefield hearing, no specific location was ordered. Instead, a hearing was set for Dec. 19 at which time a location was likely to be selected.
The short hearing and decision surprised Mary Taylor, one of Quarles’ victims, who attended Thursday’s hearing.
Taylor had come to terms with Quarles’ release, and although she remains unhappy about the prospect, she was more concerned about what she sees as a lack of transparency and consideration during the process.
“I want to believe that he is ready,” she said. “I want to believe that he’s going to be safe out there.”
“They (the court and legal representatives) say, ‘Okay, here’s a decision we made based on all the great information we just got that you didn’t get to hear,’” she said.