Roughly 20 states have civil commitment laws in place. These laws allow judges to keep a convicted sex offender in jail, after they have served their full sentence, if the judge determines that the individual is likely to re-offend once they’re released.
The Vermont Legislature debated this issue several years ago but no action was taken on the bill.
Several weeks ago, convicted sex offender Timothy Szad was released from prison after serving 13 years for the aggravated sexual assault of a 13-year-old boy in 2000.
His plan to live in Springfield with his parents was strongly opposed by some residents and efforts to relocate him to California weren’t successful. He has since settled in Hyde Park.
Antonia Kontos is appalled by this situation. She says the Department of Corrections is putting children in her community at risk.
Likely to re-offend means they likely will re-offend and that is a terrifying thought especially when an individual lives within 1.5 miles of our schools - Hyde Park resident Antonia Kontos
“Likely to re-offend means they likely will re-offend and that is a terrifying thought especially when an individual lives within 1.5 miles of our schools,”said Kontos. “That’s a problem and it’s a flaw in the system.”
Although it can’t apply retroactively in this case, Kontos wants lawmakers to pass a civil commitment law.
“If this civil confinement was in effect and he was to go up to a judge,” said Kontos. “Most likely he would be put in some type of facility under a watch because he’s likely to re-offend.”
Burlington Rep. Suzy Wizowaty is a member of the House Judiciary committee. She opposes civil commitment because she says it puts people in jail for a crime they have yet to commit.
“We believe that if you commit a crime then you’re tried and if you’re found guilty you serve time if that’s the appropriate response,” said Wizowaty. “But I would never want to see in this state locking people up preventively. It makes no sense whatsoever.”
And Governor Peter Shumlin isn’t very enthusiastic about this plan.
“I will do whatever makes sense to help make it safer but if we think that it’s easy if we think there’s a simple solution I hate to say it there’s not,” said Shumlin. “And civil confinement brings with it it’s own challenge. I willing to take a look at it but if it had been the magical silver bullet to keep Vermont kids safe we’d have done it already.”
While Szad is voluntarily staying in touch with the Department of Corrections on a daily basis, he has no legal requirement to do this. Only sex offenders convicted after 2009 are subject to this requirement.
