What Can Oklahoma Do about Sexual Predators? ; Sexual Predator Civil Commitment Law Needed

Article excerpt

Perhaps less disciplined professionals might have obliged Marcus Berry in August 2009 when he ranted, "Kill me. Just f------ kill me now."

Tulsa Police Officers Mark Wollmershauser Jr. and his partner Stephanie Blann had discovered Berry, a repeat child molester, sitting in what they thought was an abandoned truck in an overgrown field in North Tulsa. The sight stunned them. Beside the partially clad Berry was a frightened 2-year-old girl, in a pink dress, abducted from her grandmother's yard a short time before.

Berry, 56, who had eight felony convictions including two priors for lewd molestation, did not get his wish that day. Instead he was arrested and sent through the court system yet another time.

In April 2010, a jury convicted him, and Tulsa County District Judge Bill Kellough later sentenced him to two consecutive life sentences on lewd molestation and kidnapping charges. Not eligible for parole, he likely will die in prison.

Unlike Berry, many child molesters do return to the community after serving their time. (Berry himself was behind bars 13 years before being released and eventually preying on another child.)

The question is: What do we do with these predators who have "paid" their debt to society but are too dangerous to return to the community?

State Rep. John Trebilcock thinks he has a solution for the most dangerous sexual offenders due for release - civilly confine them in mental institutions. The law, he says, would give prosecutors a valuable tool, if used judiciously, and confinement could minimize public risk.

House Bill 2190 is patterned after similar laws in Kansas and Texas that already have been upheld by courts. If the bill passes, Oklahoma would join the federal government and 20 other states with laws allowing involuntary commitment of certain violent sex offenders. Judges can order commitment if "clear and convincing" evidence shows that offenders suffer from a medical abnormality or personality disorder that makes them likely to engage in predatory acts of sexual violence. Treatment and assessment are required components. Otherwise, confinement would constitute double jeopardy - punishment for the same crime(s) twice.

At least 4,000 pedophiles, rapists or other sex offenders are being held under civil confinement laws, according to U.S. Department of Justice statistics. Housing and treatment cost taxpayers more than $700 million a year, as much as $150,000 per individual - about four times more than confining an offender to prison.

"As we have seen with the Penn State scandal, a single child molester is capable of devastating the lives of countless innocent children," Treblicock said. "These criminals typically remain a public-safety threat even after completing a prison sentence and it is necessary to ensure they are not allowed to return to the communities they have victimized."

Former Penn State coach Jerry Sandusky is awaiting trial on charges that he molested multiple boys over a number of years. …