A man classified as a sexually violent predator — or SVP — will be conditionally released to a home in Jacumba Hot Springs, likely displacing another SVP who was placed in that same home two months ago.
Herman Smith, 78, who was convicted and sentenced to prison for crimes that include forcible rape, was originally ordered released from Coalinga State Hospital to a home at 42920 Desert Rose Ranch Road through the conditional release program for sexually violent predators.
Smith and other SVPs are people convicted of sexually violent offenses and diagnosed with a mental disorder that makes a person likely to re-offend.
Get top local stories in San Diego delivered to you every morning. Sign up for NBC San Diego's News Headlines newsletter.
After serving their prison sentences, SVPs can undergo treatment at state hospitals, but may also petition courts to continue treatment in outpatient locations, where they are monitored and must abide by stringent conditions.
Smith was returned to Coalinga State Hospital after state hospital officials and the San Diego County District Attorney's Office requested that his conditional release be revoked.
While Smith's revocation proceedings were ongoing, another SVP — Merle Wade Wakefield -- was placed in the Desert Rose Ranch Road home on a temporary basis as officials continue searching for a permanent placement location for Wakefield.
The requests to revoke Smith's outpatient release were rejected last week by San Diego Superior Court Judge Howard Shore. The revocation hearing was closed to the public, and both the reasons behind the revocation requests and Shore's reasoning for rejecting them have not been publicly disclosed.
Smith is expected to be moved back to the Jacumba address within the next 30 days.
Wakefield, who was convicted of lewd acts on a child in 1981 and rape by means of force, violence or fear in 1990, was ordered released in November on "transient status," meaning any locations he is housed in will be temporary. Liberty Healthcare, which is contracted by the state to operate the conditional release program for sexually violent predators, was ordered by a judge to continue searching for a permanent address to house Wakefield.
In November, San Diego Superior Court Judge Yvonne Campos said nearly 7,000 properties have been evaluated for Wakefield's potential housing, but no suitable permanent address was available. Three separate fixed housing recommendations were proposed for Wakefield in Poway, Mount Helix and Borrego Springs, but each location was either rejected by a judge or rescinded by state hospital officials.
It is uncertain where Wakefield might be placed now, but Campos ordered that absent a residence like the Jacumba Hot Springs home, Wakefield was to be moved into a recreational vehicle purchased by Liberty Healthcare. The judge also ordered that while on transient release, he will be monitored via GPS, as well as security guards or law enforcement on a 24/7, round-the-clock basis.