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Sexually violent predator, Merle Wakefield, will possibly be released in San Diego, on a transient basis.

Wakefield, 67, was granted a transient release by a San Diego judge. Wakefield has a history of violent crimes, including rape by force and lewd acts with a child.

He served time in prison and underwent treatment in a state hospital. Diagnosed as a sexually violent predator likely to reoffend, he has been proposed for release locally three times. A judge rejected a proposed placement in the Mt. Helix area; later the state withdrew proposed placement in Borrego Springs and asked that Wakefield undergo additional treatment. A proposed placement of Wakefield in Poway was also withdrawn from the state following a public outcry.

In Borrego Springs, Wakefield was meant to move to the De Anza Country Club in 2021, which would have been a three-bedroom, $400,000 plus, 2,000-square-foot home to house Wakefield, located at 1575 Yaqui Road.

As stated, Borrego Springs was not the court’s first choice. A multi-bedroom home in the upscale Mount Helix, La Mesa zip code was the first recommended placement for Wakefield. After a highly organized community push back from homeowners and local politicians, a judge agreed that the neighborhood was not appropriate – “was too dense, with too many children and a childcare center nearby.”

A hearing to finalize Wakefield’s release was set for Nov. 20. During the hearing, Liberty Healthcare, the state contractor who manages and monitors the release of sexually violent predators like Wakefield, is expected to present a plan for his supervision.

The San Diego County District Attorney’s Office opposed Wakefield’s transient release, calling it a significant risk to the community due to limited monitoring and supervision.

In a statement, San Diego County Supervisor (District 5) Jim Desmond said, “San Diego County is once again facing the threat of Sexually Violent Predators (SVPs) being released into our community, and we must take immediate action. Sexually Violent Predators represent the worst of the worst. These are individuals convicted of violent sex crimes who are diagnosed with conditions that make them likely to reoffend. Despite repeated public outcry and local legislation, decisions continue to favor their placement in our neighborhoods.”

Tanya Sierra, a spokesperson for the district attorney’s office, stressed the importance of finding suitable housing where convicted offenders like Wakefield can be closely monitored.

“It is incumbent upon the Department of State Hospitals and their contractor, Liberty Healthcare, to find suitable housing for all Sexually Violent Predators who have been ordered conditionally released where they can be closely monitored and supervised,” Sierra said. “We will continue to oppose transient releases and will insist that Department of State Hospitals fulfill their duty to find suitable fixed placement.”

State Senate Minority Leader Brian Jones, who represents California’s 40th senatorial district, also voiced concerns with the court’s decision. He noted Wakefield may end up on the streets or temporarily housed in a hotel at taxpayer expense.

“Now he is just left to the wind to go fend for himself,” Jones said. “Supposedly, he’s going to have a tracking device.”

Jones called for an audit of the California’s sexually violent predator program earlier this year, the findings of which were released last week.

According to the report, the program has seen a high number of offenders violate the terms of their release – about 36%.

The program over the last 20 years has also been expensive for its scope, the audit says, with Liberty Healthcare receiving about $93 million to manage just 56 individuals.

Liberty Health/CONREP, California’s Department of State Hospital’s (DSH) Conditional Release Program is a statewide system of community-based services that treats patients who have been found: Not Guilty by Reason of Insanity, Incompetent to Stand Trial, Mentally Disordered Offenders, and some parolees who have been released to outpatient status.

CONREP has been providing outpatient services on behalf of DHS since 2003, and its responsibilities include: finding housing, monitoring, surveillance, and on-going mental health treatment for a sexual offender parole population that is often the nightmare of local neighborhoods, and residential challenge for the courts. Most patients in the CONREP program have gotten there after a lengthy stay in a state hospital. Once psychiatric symptoms have been stabilized and the patients are considered no longer to be a danger, the state hospital medical director recommends eligible inpatients to the courts for outpatient treatment under CONREP. Individuals must agree to follow a treatment plan designed by the outpatient supervisor and approved by the committing court. The court-approved treatment plan includes provisions for involuntary outpatient services. In order to protect the public, individuals who do not comply with treatment may be returned to a state hospital.

“It costs us $450,000 to $500,000 a year to house these sexually violent predators in our communities rather than keeping them in state hospitals, where they belong,” Jones said.

In a letter to Judge Campos, San Diego County Supervisor (District 2) Joel Anderson wrote, “As you may be aware, DSH and their contractor, Liberty Healthcare, has targeted the East County communities I represent as their dumping ground for SVPs. Despite the negative impact these placements have had on our communities, the proposed transient release of an SVP is even more concerning for my constituents. The release of SVP Wakefield, without confining him to a specific location where he can be closely monitored, will result in a reduced level of oversight than SVPs conditionally placed in a residence.”

Supervisor Anderson’s letter revealed, “An audit of DSH’s Sexually Violent Predator Conditional Release Program, completed by the California State Legislature’s Legislative Audit Committee this month, found that fourpercent of SVPs participating in DSH’s Conditional Release Program reoffended after their release and nineteen percent of nonparticipating SVPs reoffended.

In a statement, the California Department of Hospitals pushed back on this, saying the state Supreme Court has held the law allowing for civil commitment of sexually violent predators is considered constitutional as it “was designed to ensure that an SVP committed individual has the opportunity to be conditionally released from confinement.”

Should his placement be finalized, the district attorney’s office confirmed that wherever Wakefield resides, the court order requires him to be under 24-hour in-person supervision.

The Department of Hospitals added it is ultimately the court’s decision whether an individual designated as a sexually violent predator can be released, and that they will not do so until it is determined it is “safe and appropriate to do so.”

In concert with Liberty Healthcare, the released sexually violent predators are placed under close supervision, such as unannounced home visits, covert surveillance and GPS monitoring among other things, as they continue treatment.

“The close supervision is there to guard against the individual committing any new crimes. Any failure to follow the rules regarding treatment, drug screening, surveillance, and examinations may result in a return to a state hospital,” the department continued.

“Here’s why this must be stopped: Risk to Public Safety: Transient release means these predators could move freely, creating uncertainty and fear for families. Failed System Elsewhere: In other parts of California, transiently released SVPs have shown a 50% failure rate, often ending up back in state hospitals. Taxpayer Burden: California spends an average of $439,071 per year on each released predator, yet this system continues to fail.

This is not just about policy—it’s about protecting our families, our children, and our community.

I am committed to doing everything in my power to stop this. That’s why I’m asking for your help. Together, we can send a powerful message to the judge: We will not allow our neighborhoods to be terrorized by these predators,” Supervisor Desmond said.