WV- Guay’s release from prison nears

Seems like using the Adam Walsh Act to accomplish committing this fellow would be a "Abuse of a Legal Process," but thats just a layman thinking.

9-3-2008 West Virginia:

With only a few days left before his scheduled release from a high security West Virginia prison, Raymond Guay Jr. has offered no acceptable plan to come back to New Hampshire.

He is scheduled to be released on Monday, Sept. 8.

Guay, who has spent the past 35 years incarcerated for serious offenses, including the 1973 murder of a Nashua child, might be held to determine whether he is eligible for involuntary commitment as a dangerous sexual predator.

If not, he will be released in California if he offers no appropriate plan to return to New Hampshire.

Guay submitted one release plan a few months ago — to return to a home in Washington, N.H. — that was rejected by the U.S. Probation Office.

Thomas Tarr, chief U.S. Probation Officer in Concord, said on Tuesday that Guay has not submitted another plan for return to this state.

Federal prison policy requires a prisoner to be released to the district where the offense occurred. Guay is serving a 168-month sentence in a West Virginia penitentiary for a 1991 prison assault that occurred in the central district of California, when he was in the Lompoc penitentiary.

Former Milford resident Charlotte Davis said Guay’s history, especially his violent murder of her 12-year-old son, John Lindovski, means the 60-year-old man, who lived in Merrimack and Nashua before he went to prison for the murder, is likely to kill again.

The Adam Walsh Child Protection and Safety Act allows for civil commitment of sexually violent predators, whether or not they have been convicted of a sex crime.

The new law, signed by President Bush in 2006, is mostly concerned with sex offender registration, but also outlines procedures for certifying an offender.

According to a spokesman for the Federal Bureau of Prisons, the process of certification begins when the prison’s sex offender release coordinator reviews all available information regarding the offender.

“If the coordinator has reason to believe that the inmate is sexually dangerous, the case is forwarded to a certification review panel for their assessment and review,” said Felicia Ponce, the Bureau of Prison’s public affairs specialist in an e-mail.

If the panel concurs, then the Bureau certifies the inmate as a “sexually dangerous person”. The Bureau of Prisons then files the case with the appropriate U.S. District Court and a hearing is held in district court to determine whether the inmate should be civilly committed for treatment.

-What kind of treatment is available for murderers?

The New Hampshire law that allows for civil commitment of sex predators only applies to those who have been convicted of a sex crime, while the federal law “may use all available information about the person’s conduct and mental condition.”

Former U.S. Senator Warren Rudman, who prosecuted the murder case when he was the New Hampshire Attorney General in 1973, said five years before the murder Guay attacked a 15-year-old boy at the same spot at the Lone Pine Hunters Club in Hollis where John Lindovski’s body was found.

That case was never prosecuted, even though Guay, “threatened the boy with a firearm, chased him through the forest, and threatened to smash his skill in,” said Rudman. ..News Source.. by KATHY CLEVELAND