CA:Rapists have the right to be free,women have no right to have guns

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Predator' to Rejoin SocietyCalifornia Set for Controversial Release of Repeat RapistBy Oliver Libaw http://abcnews.go.com/sections/us/DailyNews/sexcrimes010906.html Sept. 6 - Convicted eight-time rapist Patrick Henry Ghilotti will soon have his freedom back - in a very unusual and controversial way. MORE ON THIS STORY IN DETAIL Sex Crimes Quiz COMMUNITY How to Handle Repeat Rapists? RELATED STORIES Sex Predators Law Upheld in Ariz. Dangerous Sexual Predators Released Judge Orders Sex Offenders to Post Signs Experts Examine Classroom Sex Abuse Holding Sex Predators After Time Served Court OKs Extra Jail for Sex Predators Sex Predator Appeals to Supreme Court Court to Review Sex Predator Case High School Shooting Suspect's Dad Speaks Are We Overvaccinating Our Pets? 'N Sync, Fatboy Slim Big Winners at VMAs Ghilotti is set to become the first person released under California's 1996 violent sexual predator law, which lets authorities keep individuals locked up even after they have finished serving their prison sentences. The controversial legislation, which the Supreme Court has reviewed and found constitutional, allows authorities to classify criminals as "sexually violent predators" if they have committed at least two sex crimes and are deemed to pose an ongoing, serious risk to society. Once labeled an SVP, individuals can be held in a psychiatric hospital after they have completed their jail time. Though their progress is reviewed regularly, they can be kept indefinitely if officials continue to label them a serious threat. California has one female and 325 male SVPs, none of whom has been approved for release. Until now. Returning Sexually Violent Predators to SocietyMarin County Superior Court Judge John S. Graham decided on Aug. 1 that Ghilotti is fit to return to society.His release would be the first of a person formally classified as a sexually violent predator in California, and controversy over the case is again focusing attention on the thorny issue of how to deal with repeat sexual offenders.As of last year, 35 SVPs had been released nationwide in the 16 states with sexually violent predator laws, according to the Center for Sex Offender Management, a nonprofit research center funded by the Justice Department. Too few have been released to draw conclusions about the programs' effectiveness, however, says Scott Matson a researcher at the center. Matson also stresses the fact that while the circumstances of Ghilotti's release may be groundbreaking, he is by no means the first repeat sexual offender to be freed, or to be carefully monitored once released. Some experts, like Fred Cohen, a professor at the State University of New York at Albany's School of Criminal Justice, believe that the combination of testosterone-lowering drugs, therapy and careful monitoring is generally effective."Treatment does seem to be working," he says.In Ghilotti's case, he began receiving counseling and other treatment at Atascadero State Hospital in central California in 1998 after serving 12 years in prison for a 1985 rape. He committed that attack less than a year after serving a sentence for raping three women in 1977. Satellite-Linked Monitoring, Polygraphs, Testosterone DrugsOnce the arrangements of his supervision and monitoring have been finalized and then approved by Graham, Ghilotti will be a free man. But he will face unprecedented restrictions on that freedom. If he violates any of the many conditions, he could be returned to Atascadero. Ghilotti will be the first person required by the state to wear a satellite-linked tracking device attached to his body. The GPS system will track his movements constantly and have an unlimited range, officials say. Similar units have been used to monitor parolees in Florida and other states.Ghilotti will have his testosterone chemically lowered with the drug Lupron, subject himself to drug and alcohol testing, as well as polygraphs and random searches of his home.He will not be allowed to have contact with children, and he will have to obtain written permission to purchase a camera or use the Internet. He will have a curfew and will not be allowed to drink alcohol or have pornography, and will be required to attend frequent counseling sessions. He and his wife will not be allowed to see each other, at least at first. Authorities fear that any disagreement with her might put more stress on Ghilotti as he readjusts to society.Several key elements of Ghilotti's release have yet to be determined, including where he will live, and officials hope to find suitable work for him, but admit it will be difficult to find a willing employer.These extraordinary measures appear to have satisfied no one involved with the case, and they're expensive. Estimates put the cost of monitoring Ghilotti at well over $100,000 a year. `Dangerous and Likely to Reoffend'The state agency overseeing his release and monitoring would prefer to keep him locked up. "We believe he still needs the secure treatment of the state hospital," says Nora Romero, a spokeswoman for the Department of Mental Health, which will oversee Ghilotti through its Forensic Conditional Release Program, called CONREP.Marin County Deputy District Attorney Al Charmatz said his office, which prosecuted Ghilotti, also opposed his release. "We felt Mr. Ghilotti was dangerous and likely to reoffend," he explained. "He was only out for seven months [in 1985] before he reoffended. Because of his history, we have serious concerns." Several doctors who have treated Ghilotti at Atascadero have spoken out publicly against letting him out, and the hospital has officially opposed his release. Other medical experts have testified in favor of releasing him, however.Ghilotti himself is angry about the restrictions he faces in the outside world."The conditions are totally unreasonable and unacceptable," Ghilotti told the San Francisco Chronicle earlier this month. "I'm not going to sign conditions that I cannot talk to or see my wife. I would rather just wait out my time."As the conditions stand, Ghilotti will only be able to talk to his wife on the phone initially, but that restriction will be reviewed as time passes. Ghilotti: I Won't Rape AgainGhilotti also insisted therapy had "changed his life" and he would not rape again. Though Ghilotti is the first person classified as a sexually violent predator in California to be released, CONREP reports considerable success with previous participants. CONREP participants - generally people found by courts to be not guilty by reason of insanity, mentally disordered offenders, and people judged unfit to stand trial - have a 6 percent recidivism rate, compared with 27 percent for people released from state hospitals without monitoring by CONREP.The biggest hurdle remaining for those overseeing Ghilotti's release is finding suitable housing, officials say. If officials cannot finalize his supervision conditions by December, it is possible Ghilotti will simply be released with no monitoring, Charmatz said. His civil commitment expires before the end of the year, and unless a judge has approved a supervision plan or officials petition a judge to extend his commitment, he may be free to do as he pleases. "Either they are going to find a place for him, or judge will release him, or he'll just walk out," says Charmatz.