Judge requires detailed plan before deciding on sex offender’s possible transient release

Billie S. Mcconkey, Chief Legal Officer, Chief People Officer & Corporate Secretary
Billie S. Mcconkey, Chief Legal Officer, Chief People Officer & Corporate Secretary - The Modesto Bee
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A Stanislaus County judge has ordered Liberty Healthcare to return to court in February with a detailed plan for the possible transient release of Timothy Roger Weathers, a 63-year-old man civilly committed as a sexually violent predator. The decision follows Weathers’ request for immediate release, which was not granted.

Stanislaus County Superior Court Judge Carrie Stephens stated that she could not make a ruling on Weathers’ motion without reviewing a concrete proposal detailing how and where he would be placed, and whether such an arrangement could be carried out safely and legally.

“I don’t believe I can say that Mr. Weathers would be safe, and it’s in his best interest, without knowing more about what that plan for transient release would look like,” Stephens said. “It’s asking me to just guess and speculate.”

Stephens directed Liberty Healthcare, the state contractor responsible for overseeing conditional releases of sexually violent predators, to develop a plan exploring options such as motel placements or the use of an RV. The plan should also identify legal locations within Stanislaus County where an RV could be situated.

The next court date is set for February 27 at 1:30 p.m., when the judge expects to review a detailed proposal to weigh public safety concerns against Weathers’ request for release.

Weathers attended the hearing virtually and attempted to clarify during testimony that he is “a drug addict, not an alcoholic,” before being reminded by the judge to communicate only through his attorney.

Weathers has been under civil commitment since 2000 following child-molestation convictions in both San Diego and Stanislaus counties. Records indicate he was first convicted in 1986 in San Diego County and later convicted again in 1988 in Stanislaus County while still on probation. He received an 18-year state prison sentence in 1991.

After completing his sentence, prosecutors petitioned successfully for his civil commitment under California’s sexually violent predator law. He was initially housed at Atascadero State Hospital before being transferred to Coalinga State Hospital in 2007.

During treatment, evaluators noted that Weathers admitted to molesting between 20 and 45 boys, as referenced in prior proceedings.

A previous attempt at conditional release placed Weathers at a rural property outside Turlock alongside another individual classified as a sexually violent predator. That arrangement failed after the intended living space—a converted garage—was deemed uninhabitable.

State law allows individuals committed as sexually violent predators to annually petition for conditional community release under court supervision.

Attorney Martin Baker argued that continued confinement despite prior orders granting conditional release raises due-process issues. He suggested that if no fixed residence is available, a transient placement should be considered and urged the court to impose a deadline given years of unsuccessful placement attempts.

The Stanislaus County District Attorney’s Office opposes any transient release option due to public-safety risks. Chief Deputy District Attorney Wendell Emerson stated that such placements have high failure rates and lack safeguards present at permanent residences.

Liberty Healthcare psychologist Melissa Bagwell testified during the hearing that the organization is “fundamentally opposed” to transient releases because they are associated with higher violation rates and reduced supervision capability. She explained that transient placements limit monitoring tools like environmental modifications, cameras, GPS accuracy, and control over who may enter temporary housing sites such as motels—which may also refuse service unexpectedly.

Judge Stephens said she would not consider tent-based options: “A tent will never be a safe place for Mr. Weathers,” she said.

She emphasized that requiring Liberty Healthcare to create a plan does not guarantee approval of release but is necessary before making any determination on the case.

“My hope is that everybody works together to find something that meets the interests of the public and Mr. Weathers’ interests as well,” Stephens said.

Baker declined comment after the hearing.



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