Published: June 30, 2009 11:11 am      

Can Earls be confined for treatment? Questions arise

THE LAW | Some states hold sex offenders in civil confinement. Can Okalhoma do that?

By JAMES BEATY

SENIOR EDITOR

Attorneys at Oklahoma Attorney General Drew Edmondson’s office were checking state statutes early today to determine whether the state has laws on the books allowing for civil confinement of sex offenders.

Civil confinement refers to laws in some states, including New York and Kansas, which allows convicted sex offenders to remained locked up after completing their sentences.

The issue arose in connection with the case of David Earls, 64, of Wister, who pleaded no contest in May to felony charges of the first-degree rape and forcible sodomy of a 4-year-old child in McAlester.

Earls is serving a one-year sentence at the Pittsburg County Jail, with another 19 years suspended. The plea agreement gave Earls credit for time served following his arrest on the complaint last year.

Earls is currently set to be released from the Pittsburg County Jail on Sept. 24, according to Pittsburg County Sheriff Joel Kerns.

Since his incarceration, others, including an adult daughter and a step-daughter, have accused Earls of molesting them when they were children.

The reason given for the civil confinement in some states with the law on the books is that because of a mental illness or abnormality, the offender would likely commit another offense if freed.

Asked by the News-Capital if Oklahoma is one of the states with a law allowing civil confinement for sex offenders, Attorney General’s spokesman Charlie Price said he’s talked to three different attorneys about the matter.

“We’re looking at the statutes just to make sure,” Price said.

At press time this morning, no state laws allowing specifically for the civil confinement of sex offenders had been found, according to Price, who said the attorneys were still checking.

“We have civil confinement, but I understand it’s for people with mental issues,” Price said.

What about the argument put forth by some states, including New York state, that many sex offenders would be likely to commit another offense because of a mental illness or abnormality?

“I don’t know if the law would allow us to do that,” Price said.

Meanwhile, Oklahoma Department of Corrections spokesman Jerry Massie said today that he had found no indication that Oklahoma has a law on the books allowing for civil confinement of sex offenders once they’ve discharged their sentence.

“We don’t have that law in Oklahoma,” Massie said, noting that the state therefore has no convicted sex offenders being held under civil confinement.

Fox News reporter Geraldo Rivera mentioned the civil confinement possibility in the Earls case during a nationwide broadcast on the Fox News Program “The O’Reilly Factor” on Monday night. Rivera said Oklahoma authorities could hold Earls under civil confinement after he completes the jail term.

Rivera also said he does not encourage vigilantism, but he will not weep if something happens to Earls or if Earls is found on a country road sometime after he’s released from jail.

District 18 Judge Thomas Bartheld had sentenced Earls on May 13 to 20 years, with 19 years suspended, with the 19 years of the suspended sentence to be supervised by the state Department of Probation and Parole. The sentence followed a plea bargain agreement between District 18 District Attorney Jim Bob Miller’s office and Earls’ defense attorney, Tim Mills.

Since the plea, there’s been massive publicity about the plea agreement that allowed Earls to serve a year in jail for the crimes.

Edmondson’s office is currently is looking into how the case was handled by authorities.

The U.S. Supreme Court has twice heard arguments on civil confinement in recent years and the law is still on the books in states which passed it, although here have been some modifications.

In Oklahoma Level 3 sex offenders such as Earls are required to remain registered as a sex offender for the remainder of their lives, or risk arrest by failing to register.

Contact James Beaty a jbeaty@mcalesternews.com.