Brian DeVries will be released to rural area of Washington
state
Convicted child molester Brian DeVries, 44, will be released to the state of Washington and not Santa Clara County or Morgan Hill as previously feared.
Santa Clara County Superior Court Judge Robert Baines on Thursday ordered DeVries released from Atascadero State Hospital in 16-20 days, to stay with his father for two weeks, then move to a nearby home his father recently purchased. Both homes are in an unnamed but rural area of Washington.
According to Brian Matthews, DeVries’ attorney, the residence is far from children and schools.
Washington was chosen as a home for DeVries because neither the state Department of Mental Health nor Matthews was able to find a residence or a community within the state of California that would take him.
The judge set a hearing on Friday, July 25, at 1:30 p.m., the day before the first possible release date, for Baines to hear arrangements made by the DMH for DeVries’ supervision and treatment in Washington and to assure the arrangements have been approved by DeVries.
DMH attorney Susan King told the judge that her department objected to the out of state placement because it would be difficult to arrange for supervision and treatment.
“The logistics are incredibly difficult to implement,” she said. “We had all the providers in place (in Santa Clara County). We have nothing in place in Washington.”
The release is “conditional” meaning DeVries will continue to be supervised and treated under conditions set by the 1996 Sexually Violent Predator Act, for one year. At the end of each year the department will petition the court for a further year’s supervision, said Deputy District Attorney Dana Overstreet.
Baines made it clear that the Washington placement was only temporary – until the DMH can find suitable housing in state – and set several additional conditions to make out-of-state supervision possible.
• that DeVries travel directly to his father’s house in Washington upon his release
• that he agree to return to California upon 72 hours notice and would waive any attempts to resist extradition
• if there are violations of the terms of release or if he fails to return, a warrant would be served
• he must register in his Washington area as a sexual offender
• he must report daily by telephone to his supervising director
• his father must report every other day to the supervision director
• therapy must be available. A therapist has said he was willing to treat DeVries but Baines said he wanted the therapist to interview DeVries first.
• the process for testing testosterone must be set in place quickly
• DeVries will be subject to full search and seizure as are parolees and probationers but must not be harassed by law enforcement officials
Baines said he wanted DeVries back in his courtroom for a 60-day review after release but allowed that, if all reports are positive, it may not be necessary for him to return in person. He ordered the DMH to bear all costs of supervision, telephone calls, testing of the case because it will not be responsible for housing costs.
“Is it correct to say that California is off the hook for his housing,” Baines asked. King said yes.
“I agree that it is a burden on the State of California,” Baines said, “but I expect the DMH to be creative.”
Overstreet said she agreed with Baines’ ruling that sending DeVries to Washington was the only choice. She said later that she did not expect DeVries to return to California.
“He has no ties to our community – his entire family is out of state,” she said.
While Matthews insisted DeVries, having completed his treatment, was not a danger to the community. Overstreet disagreed.
“He’s still a danger; he won’t make it,” she said.
Matthews has continued to ask Baines to release DeVries unconditionally – without supervision or further treatment – because his constitutional rights were denied by continued incarceration.
Baines said the sexually violent predator act allowed for continued incarceration of such offenders after they have completed their sentences if they receive treatment. However, he said, when the time comes that the institution can offer no further treatment, the inmate must be released. It is when inmates are not released that the issue of constitutionality arises.
Overstreet was asked if she thought that the line had been crossed.
“Not yet, ” she said, but had the judge had not ordered DeVries’ release, the time would have come.
Sgt. Troy Hoefling of the Morgan Hill Police Department was in court keeping an eye on the proceedings. He was pleased that the city will not be housing DeVries.
“I’m thrilled for the citizens and the police department,” he said. “It would present a huge burden for us as police to have the responsibility of watching him.”
For a time, the DMH had considered placing DeVries in a Morgan Hill home at 865 W. Main Ave., a neighborhood of schools, the library, several churches, daycare and youth centers and the YMCA. There was a community uproar when the possibility became public. Neither city officials nor the police department had been notified.
DeVries was convicted of sexually molesting an 8-year old boy in San Jose in 1994, had been previously convicted in several other states, starting in 1978 and has admitted molesting 50 other boys. He would be the first convict to complete the program and be released to the community for further supervision and treatment.
DeVries requested surgical castration that was performed last August, and was deemed ready for release by the Atascadero State Hospital staff in February.
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