CA- State spends $24 million to classify sex offenders

3-18-2008 California:

SACRAMENTO – Jessica's Law is requiring the state to spend an extra $24 million this year evaluating sex offenders for the sexually violent predator program, which confines offenders to a mental hospital after their prison terms.

But so far, the 2,000 additional evaluations have resulted in just a small increase in those identified as sexually violent predators, or SVPs.

Amy Phenix, a forensic psychologist who evaluates sex offenders, said few of the newly eligible offenders are diagnosed with the mental condition that qualifies them for the program.

“We conduct many more evaluations, but we don't find many more SVPs,” Phenix said.

To be labeled a sexually violent predator, an offender has to be diagnosed with a mental disorder that makes the person likely to re-offend. Then a judge and a jury must approve.

In the past, the state evaluated offenders who had harmed two victims and had been convicted of one of nine sex crimes.

Back then, Phenix said, 40 percent to 50 percent were diagnosed as a sexually violent predator.

“It turned out that that was a pretty good screening tool,” she said.

Jessica's Law, approved by voters in 2006 as Proposition 83, sought to improve public safety by increasing the number of people eligible to be confined as a sexually violent predator. Now it requires evaluations of those who have harmed one victim and been convicted of any of 35 crimes.

Under the new guidelines, 7 percent to 10 percent of those evaluated are diagnosed with the mental disorder. This includes offenders who have harmed two victims.

The state had to raise the fee from $100 to $200 an hour to find the trained psychiatrists and psychologists needed to conduct the thousands of evaluations required by the law, said Stephen Mayberg, the head of the state Department of Mental Health, which oversees the evaluations.

The state pays outside professionals a total of $7,000 to evaluate each offender.

Suzanne Brown-McBride, chairwoman of the state Sex Offender Management Board, said she is surprised that the thousands of extra evaluations are not identifying more sexually violent predators.

Brown-McBride said her board will continue to study the results of the extra evaluations.

“We want to make sure that these evaluations are being targeted appropriately,” she said. “When you have limited resources, you need to make sure you are using them in an effective way.”

State Sen. George Runner, R-Lancaster, who wrote the law, said he believes the number of sexually violent predators will steadily increase. Runner said the money spent on evaluations is a bargain.

“We think it's worth a few million dollars to prevent someone from going out and raping women and children,” he said. ..more.. by Bill Ainsworth