A pair of men believed to be sexually violent predators have been ordered released on parole from a state hospital by two San Diego Superior Court judges, despite the men having no permanent residences available.

The rulings come after years of legal battles and unsuccessful searches for qualified permanent residency, an issue that has plagued the release program for sex offenders who have served prison terms but have been diagnosed with mental disorders, classifying them as sexually violent predators.

The program allows sexually violent predators, or SVPs, to be released from mental institutions after undergoing treatment in permanent residences that meet certain criteria — such as being within a certain distance of schools. Those released remain monitored and supervised.

On Thursday, Alvin Ray Quarles — dubbed the rapist “bolder than most” — and Merle Wakefield, both convicted of rape, were released as transients, meaning they will live in temporary housing, possibly in multiple locations, until a home permanent can be located.

Monitoring and surveillance will continue, with both judges ordering the men to be under 24-hour guard until permanent housing is found.

During Wakefield’s hearing Thursday morning, Judge Yvonne Campos pointed out that he was granted a release in 2020 but remained at Coalinga State Hospital while Liberty Healthcare, which oversees SVP releases, unsuccessfully sought a permanent home.

According to a report cited by Campos, Liberty conducted more than 6,000 property searches.

“Wakefield is owed his qualified freedom,” Campos said, noting that previous judges had already ruled that Wakefield should be released.

With no permanent housing located, Campos ordered that Wakefield be released to one of two houses that had previously been occupied by released SVPs who are currently in the midst of legal proceedings, leaving the houses vacant for now.

Should the previous tenant return to the sole residence, Wakefield will be relocated. But if the tenant were to be returned to the state hospital, Wakefield could be placed in that residence permanently.

Campos ordered the release to take place no later than Tuesday. The location of the residence was not disclosed. Campos did not order the public to be informed of the placement, with defense counsel arguing that because the placement was temporary and subject to change, a hearing was not necessary and would delay the release.

The option of placing Wakefield in a now vacated residence was chosen over the options of Liberty buying Wakefield an RV or having him stay in hotels or motels.

Campos stressed that she considers public safety in her decision.

“It will be monitored,” Campos said.

Hours later, during a hearing that lasted less than five minutes following in-camera discussions without public view, Judge Marian Gaston made a similar ruling regarding Quarles’ release as a transient.

“We don’t preemptively detain people,” Gaston said, granting the release and noting that Liberty has “a perfect safety record.”

But unlike the Wakefield hearing, no specific location was ordered. Instead, a hearing was set for December 19, when a venue was likely to be selected.

The brief hearing and decision surprised Mary Taylor, one of Quarles’ victims, who attended Thursday’s hearing.

Taylor has come to terms with Quarles’ release, and while she remains unhappy about the prospect, she was more concerned about what she sees as a lack of transparency and consideration during the process.

“I want to think he’s ready,” she said. “I want to think he’ll be safe there.”

“They (the court and legal representatives) are saying, ‘Okay, here’s a decision we made based on all the great information we just got that you haven’t heard,'” she said.

Originally published: November 21, 2024 at 6:35 PM PST