Stanislaus judge denies release of violent sex predator. Housing search continues
A Stanislaus County judge on Thursday denied a request to immediately release a sexually violent predator into the community without permanent housing, finding the proposed arrangements would pose an unreasonable risk to public safety.
The ruling means Timothy Roger Weathers will remain committed at a California state hospital while Liberty Healthcare continues searching for a lawful placement more than three years after a judge determined he was suitable for conditional release.
“We were happy to see that the judge primarily focused on public safety,” Chief Deputy District Attorney Wendell Emerson told The Bee after the hearing. “She was very concerned about public safety, and that was her number one priority to protect the community.”
Judge says transient release poses safety concerns
In a written ruling read into the record Thursday, Judge Carrie M. Stephens denied Weathers’ request to be released to a temporary living arrangement, such as a hotel, motel or recreational vehicle, or into the community without fixed housing.
The judge acknowledged Weathers has a significant interest in being freed after being approved for conditional release in January 2023. Still, she concluded he requires intensive supervision because he remains civilly committed as a sexually violent predator.
Stephens said transient housing would make effective supervision impractical, citing concerns about maintaining GPS monitoring, conducting unannounced visits, administering random drug tests, ensuring counseling attendance and protecting public safety.
“The proposed arrangement would set Mr. Weathers up for failure, while simultaneously posing an unreasonable risk to public safety,” Stephens said.
The judge also rejected releasing Weathers to a tent or an RV that would need to move frequently. “I could never send him off with a tent,” Stephens said during the hearing.
Instead, she directed Liberty Healthcare to continue searching for a permanent residence while also exploring a stationary RV placement where Weathers could remain for an extended period under supervision.
Stephens said hotels and motels no longer appear to be a productive avenue after previous efforts failed.
Housing search has lasted more than three years
According to the ruling, Liberty Healthcare has reviewed 4,508 fixed properties and motel sites since January 2023 in an effort to secure housing for Weathers.
The judge called the delay “completely regrettable” but found it was not caused by any lack of diligence by Liberty Healthcare and did not violate Weathers’ due process rights.
Liberty Healthcare serves as the California Department of State Hospitals’ conditional-release provider and is responsible for locating housing and supervising sexually violent predators released into the community.
Weathers asks to leave California for treatment
During Thursday’s hearing, Weathers personally addressed the court, telling Stephens he has identified five residential treatment programs outside California willing to accept him immediately.
One Oregon program contacted him Thursday morning, he said.
“I want treatment,” Weathers told the court. “Treatment needs to be involved in everything I do.”
Stephens said she understood his frustration but concluded California law requires his supervision to occur through the Department of State Hospitals’ designated conditional release program.
After the hearing, Emerson said state law generally requires sexually violent predators to be placed in the county where their underlying crimes occurred, unless extraordinary circumstances exist.
Prosecutors praise ruling
Emerson said prosecutors opposed transient release because evidence presented during the proceedings showed such placements create greater supervision challenges.
“The whole process is built in failure here in California,” Emerson said.
He argued that other states have centralized facilities or secured transitional housing, while California generally attempts to place sexually violent predators in residential communities, making placements far more difficult.
Emerson also confirmed that Liberty Healthcare has stopped paying rent on the accessory dwelling unit outside Turlock that had previously been proposed as a placement for Weathers. County officials determined it was not legally habitable.
That same property remains the subject of separate litigation involving another sexually violent predator, Kevin Gray.
Defense attorney Martin Baker declined to comment following Thursday’s hearing.
Case background
Weathers, 63, has been civilly committed as a sexually violent predator since 2000 following child molestation convictions in San Diego and Stanislaus counties.
Court records show he was convicted in San Diego County in 1986 of molesting a child before later being convicted in Stanislaus County of molesting two boys. During treatment, court records state Weathers admitted molesting dozens of children.
Although Stephens approved his conditional release in January 2023, repeated efforts to locate legally compliant housing have failed.
The court scheduled the next placement review hearing for Sept. 11. Stephens said Liberty Healthcare may return to court sooner if it identifies an appropriate placement requiring court approval.
