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Here's how Florida's law is supposed to work:
Before sexual offenders
are released from prison, state psychologists determine if they
suffer from psychosexual disorders called paraphilias, which
create powerful cravings that are difficult to control without treatment.
If so, those offenders
are locked up beyond their prison terms in the state's treatment
center.
At the trials, prosecutors
and defense attorneys wage legal battles that determine whether
those offenders will be held indefinitely.
Once they are committed,
offenders continue therapy until they can prove they no longer pose
a threat to the community.
Sen. Alex Villalobos, a Republican from Miami and co-sponsor of
the Jimmy Ryce Act, said the real intent of the law was to keep
offenders off the streets, calling it a ''stop-gap'' measure.
''Sexual offenders were not receiving heavy prison sentences, that's
what we needed to fix,'' he said, adding that the program achieves
that goal.
MATTER OF MONEY
FUNDING PROBLEMS FROM THE START
But breakdowns in the program started from Day One -- when the
Legislature refused to properly fund a law it passed amid tough
talk and vows of ``never again.''
In the program's first year, the Department of Children & Families
asked for $27 million to run the program. It got $17 million.
As the number of offenders at the center more than quadrupled --
from 125 in 2000 to more than 500 today -- the amount of funding
continued to lag far behind.
The program is so strapped for cash that the state's contract with
Liberty Behavioral Health, the private company that runs the Florida
Civil Commitment Center, provides only enough money to treat 150
offenders -- or less than a third of the men held there.
''We have our sleeves rolled up and we're doing the best we can
with the resources we have,'' said Adam Deming, the clinical director
of the treatment center.
Of the 16 states with civil commitment laws, only South Carolina
and Kansas spend less on treatment per offender -- and both hold
fewer than 100 men.
''Right now, Florida's program is not doing what it needs to,''
said Shaw, the Gainesville psychologist.
With more offenders sent to the center every month, Liberty told
the state in September it would provide therapy only to those who
have been committed by the courts.
But those proceedings -- known as civil commitment trials -- are
so long and tedious that more than 60 percent of the offenders at
the center haven't had them yet.
They're supposed to go to trial within 30 days, but the average
wait time is now 2 ½ years.
The problem is that lawmakers passed the Jimmy Ryce Act without
a clear plan for how the trials would work and few guideposts to
follow, according to legal experts.
For example, what is admissible into evidence? How should complex,
expert testimony be handled?
The result: Dozens of suits have been filed challenging the rules,
costing taxpayers millions and leaving hundreds of offenders in
limbo.
Two appellate courts have urged the Florida Supreme Court to step
in and create rules to clear up the confusion. But that hasn't happened.
Meanwhile, offenders at the center have collectively spent more
than 900 years waiting for their day in court.
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