The Coalinga State Hospital, which houses sexually violent predators, is shown in the vicinity of Coalinga, Calif., Sept. 16, 2018. About 30 people in the country illegally and with sex crime records to remain in custody despite the fact that they have completed their sentences and want to be deported. (Craig Kohlruss/Fresno Bee via AP)
FRESNO, California. – At least 30 immigrant men residing in the United States illegally and have sex crime records to remain in custody in California, despite the fact that they have completed their sentences and want to be deported, a newspaper reported Thursday.
The men committed crimes and served their prison sentences. But instead of being on the market, a state-mandated mental evaluation of sex offenders put them in Coalinga State Hospital, which houses sexually violent predators, The Fresno Bee reported .
Their situation seems no one is competent.
The Ministry of foreign affairs Hospitals says it is not tracking of patients ‘ immigration status, and only a court can decide whether the patient is ready to be released. Federal Immigration and Customs Enforcement, says the decision is up to the state.
Rudy Kraft, a San Luis Obispo lawyer who is that sex offenders for almost 20 years, said California is holding on to the men, because they worry they would commit sex offences in their own country.
Kraft represents Leo Gutierrez, who was transferred to the Coalinga hospital opened in 2005.
“The government takes the position that if he is deported, we can not guarantee that he is not committing sex offences in his country,” Kraft said. “In a sensible system, we want to work on a monitoring program with the own country and let them decide how to keep an eye on him. But there is no attention.”
Gutierrez was convicted in 1998 and released early from prison for good behavior, where three six-year sentenced. He was sent to Atascadero State Hospital before they are in Coalinga State Hospital, a maximum security facility.
Gutierrez, whose kidneys fail, said that he would like to return to El Salvador, where family members have offered their organs for transplant.
“I asked (ICE) why they did not pick me up. She said the hospital says that I am still paying for a crime. But that is not true. I’m done with my time, in 2001,” said Gutierrez, 49. “I don’t know why I did what I did, but I can’t understand. And all that time, I have in this place.”
The condition of the convicted sex offenders are referred to the Ministry of foreign affairs of Hospitals within six months of parole to undergo a mental health evaluation to determine whether they are sexually violent predators.
The 1,300 men in Coalinga are diagnosed with a mental disorder and is likely to reoffend, according to the state, which spends $250 million per year to work in the hospital.
While California law limits the state’s cooperation with ICE, it is not applicable when dealing with people who are convicted for serious or violent crimes, including sexual abuse and crimes of endangerment of children.
An ICE spokesman said that the state of California defines custody of sexually violent predators.
“If the ICE has an interest in an individual after being released, our desk review of the case and to make the appropriate decisions about the next steps,” spokesman Richard Rocha said in an e-mail.
Kraft is grim about the possibilities for people who, like his client in the context of the current policy.
“There is no way out other than death,” he said.
Information from: The Fresno Bee, http://www.fresnobee.com