A photo of Gary Snavely.
State hospital officials will continue searching for a potential San Diego County residence to house a man classified as a sexually violent predator who was approved for conditional release nearly three years ago.
Gary Snavely, 61, who was convicted in 1987 of molesting two young girls, was originally proposed for release to a home in Julian, where he would have continued to undergo sex offender treatment while being closely monitored. The proposal to release Snavely to an address on Wynola Road was publicly announced last month, but was rescinded by the property's homeowner within days.
Like other sexually violent predators -- or SVPs --, Snavely was convicted of sexually violent offenses, diagnosed with a mental disorder that makes a person likely to re-offend and completed a prison sentence for his crimes. While he's been undergoing treatment at a state hospital, he petitioned for outpatient conditional release, which was most recently granted in 2022 by now-retired Superior Court Judge Peter Gallagher.
As with many SVP cases, securing a fixed residence has proven difficult, as numerous regulations govern where SVPs can be housed and their placement proposals typically generate significant backlash from residents.
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According to a recent housing status report in Snavely's case, Liberty Healthcare, which is contracted by the state to operate the conditional release program for sexually violent predators, evaluated nearly 5,000 properties to potentially house Snavely, including more than 200 in January and February of this year.
If a suitable fixed residence cannot be located, Snavely could be released as a transient, meaning that while he would be stringently monitored, he would not have a permanent address and could be housed somewhere other than a typical residence, such as an RV or motel.
On Friday, San Diego Superior Court Judge Jeffrey Fraser declined to immediately release Snavely on transient status and opted to give Liberty Healthcare more time to find a suitable home.
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Deputy District Attorney Carder Chan, who opposed a transient release, said at Friday's hearing that Liberty officials have "identified a lead" on a potentially suitable residence. Another hearing has been set for mid-May to hear the latest on the housing search.
Fraser said he had concerns about a potential transient release for Snavely, citing the potential public safety risks and Snavely's past performance in the conditional release program. Snavely was conditionally released twice before and each time he was sent back to the state hospital for violations of his release conditions.
However, the judge did acknowledge concerns brought by Deputy Public Defender Shea Connelly regarding Snavely's continued commitment at the state hospital years after he was ordered released.
Fraser said he didn't believe a transient release would be in Snavely's best interests or the community's, but said continuing to keep Snavely housed so long after his release was ordered could present a question of a potential constitutional violation.
"At some point, we are going to have to make some hard decisions," the judge said Friday.
Connelly sought Snavely's transient release to be ordered on Friday, stating that his client should not be punished for the "administrative failures" of those tasked with finding him a residence.
"Mr. Snavely has done everything that the Department of State Hospitals has said to do. He has completed all of the treatment that is available there," Connelly said.
The attorney also argued Snavely can be safely monitored and treated in the community and stated no SVP released through the conditional release program has committed a new sexual crime.
