Sex predators ruling
debated for isles

Supporters argue children
need protection, while others place faith
in parole board

By Jim Witty
Star-Bulletin

Adriana Ramelli, director of the Kapiolani Sex Abuse Treatment Center, says it's time for Hawaii to look at whether violent sexual predators can be jailed after their prison terms expire.

"We need to look at people in prison very carefully and evaluate who they are and if they're ready to come back into the community," she said. "It's time we start to address the public's right to safety."

Hawaii law enforcement officials are applauding yesterday's U.S. Supreme Court decision that allows states to keep such offenders behind bars after their prison terms expire.

But civil liberties advocates fear it may open a Pandora's box.

In a 5-4 ruling in the case of an admitted pedophile in Kansas, the justices said such people can be held even if they are not mentally ill. Rather, they must be found mentally abnormal and likely to commit additional crimes.

"We're going to be looking into it," said Honolulu Prosecutor Peter Carlisle. "It's certainly a thing you want to be able to do when you're dealing with someone suffering from pedophilia and who continues to pose a danger to the community, especially those who can't defend themselves.... The absolute cornerstone of society is how you protect those who cannot protect themselves."

Honolulu civil rights attorney Earle Partington blasted involuntary civil commitment as the wrong solution to the problem.

"No one can predict if someone will reoffend with any scientific accuracy," Partington said. "If you want to deal with sex offenders, you need to provide for longer sentences, lifetime parole and, most importantly, treatment."

Partington said the state prison system has just 30 slots for treatment of sexual abusers, and hundreds of people who need help.

He also contends that the high court ruling sets a bad precedent.

"This is opening the door to the possibility of this kind of legislation," he said. "Who else can this be used against?"

But Ramelli wants to ensure the rights of victims are protected.

"I can appreciate the civil liberties side of it, but the chances are you'll have a citizen who is harmed by this person (who is released)," said Ramelli. "We've seen that over and over."

Carlisle questioned the sanity of those arguing against the ruling in the Leroy Hendricks case. Hendricks, convicted five times of child molesting, said his death was the only way to guarantee he won't commit further crimes against children.

In Hawaii, where repeat violent offenders receive enhanced mandatory minimums and extended terms, molesters like Hendricks would be facing a life sentence and likely an unsympathetic parole board, said Deputy Attorney General Kurt Spohn.

"Hawaii has a mechanism already in place so that the parole board can keep them in if appropriate," said Spohn.

Said Carlisle: "I can't imagine a guy like this coming before the paroling authority without getting his brains kicked out by them."

But both said there may be some instances such legislation would help prevent violent sex offenders here from striking again.

The Kansas law said violent sexual offenders who have completed their prison terms can be involuntarily committed if they suffer from a "mental abnormality" or "personality disorder" and are likely to commit new sex crimes in the future. Under that law, a judge or jury must decide beyond a reasonable doubt that somebody fits that definition. California, Arizona, Minnesota, Washington and Wisconsin have similar laws.