Sex Offender Monitoring and the Law



District Attorney Summer Stephan is committed to public safety. One of her top goals is protecting the citizens of San Diego against high risk sex offenders. Our Sex Crimes Division works with the SAFE Task Force and all law enforcement agencies in San Diego County to make sure that high risk sex offenders who fail to register are prosecuted to the fullest extent of the law.

There is a concentrated focus on sexually violent predators, some of whom have been released into our community for supervised outpatient treatment which is considered the final phase of the Department of State Hospital's (DSH) Sex Offender Treatment Program. A profile on each of these individual is listed below.

The Department of State Hospitals is the agency responsible for locating and recommending housing for SVPs who have been ordered into our community for ongoing treatment. the district attorney's office is not involved in this process other than to notify the public once a proposal has been made and to ensure that the public's concerns and objections are brought to the court's attention before there is a ruling on the proposed location.>



SVP Douglas Badger SVP Douglas Badger SVP Douglas Badger Douglas Badger (10-24-42) is diagnosed with Sexual Sadism Disorder. Between 1959 and 1991 he was convicted of several offenses including child molestation, kidnapping, and forcible oral copulation in concert. These crimes occurred in Los Angeles, Orange, Riverside, and most recently, San Diego counties. His victims were predominately male strangers, many of them hitchhikers. He served five separate prison terms and three parole violations in between 1975 and 1991.

Mr. Badger was most recently sent to state prison in 1991 for a term of ten years. Prior to his release from prison in 1997, the San Diego County DA’s office filed a petition to civilly commit him as a Sexually Violent Predator. Mr. Badger was determined to be a sexually violent predator following proceedings in San Diego Superior Court. On August 21, 1997, Badger was civilly committed to the custody of Atascadero State Hospital.

In September of 2003, Badger petitioned the court to be granted release into the Conditional Release Program (CONREP) for sex offenders pursuant to Welfare and Institutions Code section 6608. A trial was held before the Honorable Judge David Danielsen, after which, on June 23, 2004, Judge Danielsen found Badger amenable to conditional release through the CONREP program.

After taking public comment regarding the proposed placement, in May of 2006, the Honorable Judge Danielsen placed Badger in a unit within the grounds of Donovan State Prison. On September 4, 2007, the Conditional Release Program (CONREP) for Mr. Badger requested that the court, the Honorable Judge Danielsen, revoke Mr. Badger's outpatient conditional release pursuant to Penal Code Section 1608. After a hearing in Superior Court, the Honorable Judge David Gill returned Badger to Atascadero State Hospital.

Mr. Badger filed another petition to be released on outpatient status in 2013. On August 20, 2013, after a hearing held before the Honorable Judge David Gill, Mr. Badger was again found amenable to conditional release through the CONREP program. However, before Badger could be placed into the community, incidents involving Badger occurred at Coalinga State Hospital. Mr. Badger withdrew his petition to be released on May 16, 2014.

Mr. Badger filed another petition to be released on outpatient status in September of 2018. However, he withdrew that petition in February of 2019, before the court could rule on it.

Mr. Badger filed his most recent petition to be released on outpatient status on October 16, 2020. Due to the COVID-19 pandemic and the subsequent court closures, the trial was held over a virtual platform on December 11-14, 2020. At the conclusion of that trial, the Honorable Judge Theodore Weathers on January 27, 2021, found Mr. Badger to be amenable to conditional release through the CONREP program.

Liberty Health Care/CONREP has proposed placing Mr. Badger on a property located at 1619 Zuni Trail, Borrego Springs, CA 92004. A hearing to determine the suitability of this placement occurred on August 5, 2022 at 9 am in Department 1702 of the San Diego Superior Court, 1100 Union Street, San Diego before the Honorable Theodore M. Weathers.

Prior to that hearing, the San Diego Sheriff’s Department, SAFE Task Force accepted public comment for presentation to the court.

On March 24, 2023, Judge Weathers ruled 1619 Zuni Trail, Borrego Springs was a suitable location to house Mr. Badger.

Mr. Badger has been placed at that location.

SD Sheriff News Release for | SVP Douglas Badger


SVP Thomas Joseph Cornwell.pngThomas Joseph Cornwell (DOB 8/13/78) is diagnosed with Pedophilic Disorder, Sexually Attracted to Both, Nonexclusive Type. In 2008, he was convicted in San Diego County of two counts of Lewd Act Upon a Child Under Age 14 on two separate victims for incidents that occurred in 2006 and 2008. In 2008, Mr. Cornwell was sentenced to a term of 8 years in state prison. Prior to his release from prison, the San Diego County District Attorney’s Office filed a petition to have Mr. Cornwell civilly committed to a state hospital as a Sexually Violent Predator (SVP). In 2015, Mr. Cornwell submitted on the recommendation of the Department of State Hospitals that he met criteria as an SVP and Mr. Cornwell was committed to Coalinga State Hospital to undergo treatment.

On April 5, 2019, Mr. Cornwell filed for conditional release (CONREP). The San Diego District Attorney’s Office opposed his petition for conditional release. Following a five-day trial on the petition, which involved the court hearing from multiple doctors and treatment providers on the subject, on September 13, 2019, the Honorable Judge Albert T. Harutunian III granted the conditional release of Mr. Cornwell from the hospital into the Conditional Release Program (CONREP).

After taking public comment on the matter of Mr. Cornwell’s placement location, on December 20, 2019, the Honorable Albert T. Harutunian III approved the Department of State Hospital's proposal to place Mr. Cornwell at 2135 McCain Valley Road, Jacumba Hot Springs, CA 91934. He has been placed at that location.
SAFE Press Release for | Thomas Joseph Cornwell


SVP Alan Earl James Alan Earl James (DOB: 10-5-62) is diagnosed with a Pedophilia Disorder. In 1981, he was convicted of one count of lewd act upon a child under the age of 14 and was sentenced to 3 years of probation and 180 days in jail. In 1986, he was convicted of multiple sex crimes involving child molest, forcible child molest, unlawful sexual intercourse, kidnapping for purpose of child molest, and unlawful touching, with three minor victims. These crimes occurred in San Diego County.

In 1986, Mr. James was sentenced to prison for a term of 28 years. Prior to his release from prison, the San Diego County District Attorney's Office filed a petition to have Mr. James civilly committed to a state hospital as a Sexually Violent Predator in 1999. The District Attorney's Office continued to petition to have Mr. James re-committed as a Sexually Violent Predator as he received treatment at Atascadero State Hospital. In 2007, following a change in the law, the District Attorney's Office petitioned to have Mr. James deemed a Sexually Violent Predator (SVP) for an indeterminate term. On October 27, 2007, following a jury trial in San Diego County, Mr. James was civilly committed to the custody of Coalinga State Hospital and was ordered to undergo treatment at the state hospital for an indeterminate term.

In 2014, 2015, and 2017, the District Attorney's Office opposed Mr. James' petitions for conditional release while he was still undergoing treatment and which did not have the support of the hospital. On July 7, 2018, with the support of the hospital and having completed all treatment modules, Mr. James petitioned the court to be granted release into the Conditional Release Program (CONREP) for sex offenders pursuant to Welfare and Institutions Code 6608.

On October 15, 2018, upon the unanimous recommendations of the state hospital, Medical Director, annual evaluator, and treatment program evaluator, Superior Court Judge Albert Harutunian recommended James for the Conditional Release Program (CONREP) and ordered Liberty Healthcare (LHC), a private entity contracted by the Department of State Hospitals (DSH), to propose a program and location for James' residence. This monitored conditional release program, through the DSH, will begin his integration back to the community.

After taking public comment regarding the proposed placement, on March 25, 2019, the Honorable Albert T. Harutunian III approved DSH's proposal to place Mr. James at 45612 Old Highway 80 in Jacumba Hot Spring. He was ordered to be released to that location on or before April 25, 2019.
SD Sheriff News Release for | SVP Alan Earl James

On March 2, 2020 the Conditional Release Program (CONREP) for Mr. James requested that the court, the Honorable Judge Albert T. Harutunian III, revoke Mr. James's outpatient conditional release pursuant to Penal Code Section 1608. On March 13, 2020 the Honorable Judge Albert T. Harutunian III, held a status conference on the matter. Due to the COVID-19 pandemic and the subsequent court closures, a formal revocation hearing has been postponed until further notice. Once the court resumes full operations, the hearing will be calendared. On May 3, 2021, CONREP filed a motion to withdraw their revocation request. On September 8, 2021 the Honorable Judge David Gill denied the People's request to revoke Mr. James' outpatient conditional release.

After taking public comment regarding the proposed placement, on February 9, 2024, the Honorable David Gill approved DSH’s proposal to place Mr. James at 1138 Custer Road in Campo. He was ordered to be released to that location on or before March 22, 2024.

Mr. James remains housed at Coalinga State Hospital.

SAFE Press Release for | SVP Alan Earl James


SVP Michael Joseph Martinez Michael Joseph Martinez (DOB: 11-2-52) is diagnosed with a Pedophilia and Personality Disorder. Between 1979 and 2004 he was convicted in four separate cases of crimes including child molest, annoying/molesting a child, lewd or lascivious acts upon a child under 14 and annoying a child under 18. These crimes occurred in both San Diego and Los Angeles Counties.

Mr. Martinez was last sentenced to prison in 2004, to a term of four years. Prior to his release from prison, the San Diego County DA's Office filed a petition to civilly commit him as a Sexually Violent Predator. In 2009, Mr. Martinez was determined to be a Sexually Violent Predator (SVP) following a jury trial in San Diego County. On September 2, 2009, Martinez was civilly committed to the custody of Coalinga State Hospital and was ordered to undergo treatment at the state hospital. On July 7, 2017, Martinez petitioned the court to be granted release into the Conditional Release Program (CONREP) for sex offenders pursuant to Welfare and Institutions Code 6608. This release, through the State Department of State Hospitals (DSH) will begin his integration back to the community.

On October 26, 2017, Superior Court Judge Lisa Schall recommended Martinez for CON-REP and ordered Liberty Healthcare (LHC), a private entity contracted by DSH, to propose a program and location for Martinez' release.

After taking public comment regarding the proposed placement, on March 16, 2018, the Honorable David M. Gill approved DSH's proposal to place Mr. Martinez at 2135 McCain Valley Road in Boulevard, CA 91905. He was ordered to be released to that location on or prior to April 30, 2018.

On August 9, 2019, Mr. Martinez was before the Honorable David Gill for his quarterly review hearing. At the hearing, Liberty HealthCare joined by the District Attorney’s Office, requested Mr. Martinez’ outpatient status be revoked pursuant to Penal Code section 1608 and that he be remanded to custody. After hearing argument on the matter, Judge Gill remanded Mr. Martinez to the custody of the Sheriff without bail.

Liberty Health Care changed its revocation recommendation in February 2021 and recommended that Mr. Martinez return to the community from the State Hospital. The District Attorney’s Office did not agree and a contested revocation hearing was held in a closed courtroom before the Honorable Judge David Gill from April 5 to April 16, 2021. At the conclusion of that hearing, Judge Gill ordered Mr. Martinez returned to the community.

After taking public comment regarding Mr. Martinez’s placement location, on July 22, 2022, the Honorable David Gill approved the Department of State Hospital’s proposal to place Mr. Martinez at 3406 Running M Road, Borrego Springs, CA 92004.

He has been placed at that location.


SAFE Press Release for | SVP Michael Joseph Martinez

SVP Herman Smith SVP Herman Smith Herman Smith (DOB 6/27/1946) has been diagnosed with Other Specified Paraphilic Disorder (Nonconsent) and Antisocial Personality Disorder. In 1973, Mr. Smith was convicted of forcible rape. In 1993, Mr. Smith was convicted of forcible rape, forcible oral copulation, and forcible sodomy. His offenses occurred in Chino and in San Diego and the victims were adult females. He was sentenced to 25 years in prison. Prior to Mr. Smith's release from prison, the San Diego County District Attorney's Office filed a petition to have him civilly committed as a Sexually Violent Predator (SVP). Mr. Smith was found to be an SVP by a jury in 2009. He was committed to the Department of State Hospitals to undergo treatment. On March 3, 2017, Mr. Smith petitioned the court to be granted release through the Conditional Release Program (CONREP) for sex offenders pursuant to the Welfare and Institutions Code Section 6608. The District Attorney's Office opposed Mr. Smith's release. A trial was held before the Honorable Judge Howard Shore on November 27, 2017, after which Judge Shore found Mr. Smith amenable to conditional release through the CONREP program.

After taking public comment regarding the proposed placement, on April 27, 2018, the Honorable Howard Shore approved DSH's proposal to place Mr. Smith at 42920 Desert Rose Ranch Road in Jacumba Hot Spring. He was ordered to be released to that location on or prior to June 4, 2018.

On February 20, 2020 the Conditional Release Program (CONREP) for Mr. Smith requested that the court, the Honorable Judge Howard Shore, revoke Mr. Smith's outpatient conditional release pursuant to Penal Code Section 1608. On March 3, 2020, the Honorable Judge Howard Shore, held a status conference. At this hearing, the court set a formal revocation hearing pursuant to Penal Code Section 1608.

On October 12, 2020, CONREP withdrew its request to proceed with the revocation. On October 30, 2020 the San Diego District Attorney's Office filed a request for revocation of outpatient status pursuant to Penal Code Section 1609. On December 23, 2020 the revocation hearing was formally continued. On February 16, the formal revocation proceeding was held. The court denied the People’s request to revoke Herman Smith’s outpatient status.

Judge Howard Shore approved conditional release to Herman Smith's prior residence at 42920 Desert Rose Ranch Road in Jacumba Hot Spring. He had been placed at that location.

On September 13, 2023, the Conditional Release Program (CONREP) requested that the court, the Honorable Judge Howard Shore, revoke Mr. Smith’s outpatient release pursuant to Penal Code Section 1608. The District Attorney’s Office joined CONREP’s motion, pursuant to Penal Code Section 1609. The court set a revocation hearing for February 14, 2024, at 9:00 am in Department 2102. On February 14th, the court continued the revocation hearing until May 15, 2024, at 9:00 am in Department 2102.

Mr. Smith is currently being housed at Coalinga State Hospital pending the revocation hearing outcome.

Sheriff's Press Release for Herman Joseph Smith Placement


SVP William Stafford

William Stafford (DOB 06/08/1951) is diagnosed with Other Specified Paraphilic Disorder (Non-consent). Stafford was convicted of numerous felony sex offenses occurring between 1968 – 1990 in San Diego County. These convictions included Unlawful Sexual Intercourse PC 261.5, Unlawful Sexual Intercourse With a Female Under the Age of 18 PC 261.5, Rape by Force/Fear PC261(a)(2), and Oral Copulation with Force PC288(a)(c). In 1990, Stafford was sentenced to 20 years state prison. Prior to his release from prison, in 2001 the San Diego County District Attorney’s Office filed a petition to civilly commit him as a Sexually Violent Predator (SVP). Mr. Stafford was determined to be a Sexually Violent Predator following proceedings in San Diego Superior Court within the meaning of WIC 6604, and was committed to the Department of State Hospitals (DSH) for sex offender treatment and confinement. In 2009, Stafford was recommitted to DSH for an indeterminate term. Stafford has remained civilly committed at DSH-C (Coalinga).

In September 2019, Stafford petitioned the court to be granted release into the Conditional Release Program (CONREP) for sex offenders pursuant to Welfare and Institutions Code 6608, based on the annual review of Stafford indicating the expert’s opinion that Stafford could be safely released into the community through the supervision of the CONREP Conditional Release Program.

On May 6, 2021, the Honorable Judge David Gill presided over Stafford’s petition for conditional release hearing via a virtual platform due to the COVID-19 pandemic and subsequent court closures. Judge Gill had ordered the proceedings closed to the public over the District Attorney’s objection. After evaluating testimony from numerous witnesses, including expert opinions on behalf of both Stafford (Petitioner) and the People (Respondent), Judge Gill granted Petitioner’s request for conditional release under the supervision of CONREP program.

After taking public comment regarding the proposed placement, on October 11, 2022, the Honorable David M. Gill approved DSH's proposal to place Mr. Stafford at 42457 Old Highway 80, Jacumba, CA 91934. He has been placed at that location.

SD Sheriff News Release for | SVP William Stafford


SVP Merle Wade Wakefield

Merle Wade Wakefield (DOB 04/12/1957) was convicted of a felony charge of PC 288(a) in 1981, and was sentenced to state prison. Wakefield was again convicted of a felony charge PC 261(a)(2) in 1990 and again sentenced to state prison. On November 23, 1998, the San Diego Superior Court found Wakefield to be a Sexually Violent Predator (SVP) within the meaning of WIC 6604, and Wakefield was committed to Department of State Hospitals (DSH) for sex offender treatment and confinement. In 2000, Wakefield was recommitted to DSH and in 2009 was again recommitted to DSH for an indeterminate term. Wakefield remained civilly committed at DSH-C (Coalinga).

In February 2020, DSH Evaluator completed her annual review of Wakefield and indicated her belief Wakefield could be safely released into the community through the supervision of the CONREP Conditional Release Program. Wakefield filed a petition with the San Diego Superior Court requesting his conditional release pursuant to WIC 6608. In September 2020, Liberty Healthcare/CONREP Clinical Director submitted his Sex Offender Treatment Program (SOTP) advancement panel report, confirming Wakefield was suitable for conditional release through the CONREP program. Liberty Healthcare/CONREP Clinical Director noted this was the unanimous opinion of the DSH advancement panel.

On December 17, 2020, Judge Harutunian presided over Wakefield’s petition for conditional release hearing. After evaluating testimony from Liberty Healthcare/CONREP Clinical Director and DSH Evaluator, Judge Harutunian granted petitioner’s request for conditional release under the supervision of CONREP program. A Further Proceedings hearing was scheduled for January 15, 2021 to review status of CONREP placement and housing for Wakefield. Liberty Healthcare/CONREP has proposed that Wakefield be released to a residence at 10957 Horizon Hills Drive, in unincorporated El Cajon.

On May 10, 2021, Judge Harutunian denied Liberty/CONREP’s request to place SVP WAKEFIELD at 10957 Horizon Hills Drive, in unincorporated El Cajon.

On July 23, 2021, California Department of State Hospitals (DSH) proposed the following placement address to house SVP MERLE WAKEFIELD under the direct supervision of Liberty Healthcare/CONREP – 1575 Yaqui Road, Borrego Springs, CA 92004.

On August 23, 2021, Liberty Healthcare/CONREP informed the court they were requesting SVP WAKEFIELD complete additional treatment at Department of State Hospitals (DSH) prior to his release into the community. Judge Gill granted Liberty Healthcare/CONREP’s request to release the property located at 1575 Yaqui Road, Borrego Springs that was being held as potential placement for SVP WAKEFIELD. The SVP public placement hearing previously scheduled for September 13, 2021 was vacated.

On March 25, 2022, Judge Gill denied the People’s motion to revoke conditional release. A Further Proceedings hearing to determine potential housing/placement was held on July 8, 2022. No suitable housing/placement was located or proposed by Liberty Healthcare. A Further Proceedings hearing to determine potential housing/placement was held on October 7, 2022. No suitable housing/placement was located or proposed by Liberty Healthcare.

A Further Proceedings hearing was scheduled for (1/9) to review proposed placement. An additional Further Proceedings hearing was scheduled for (3/9) at 9:00 AM in D-2204 to review proposed placement.

A Further Proceedings/Status Conference is currently set for (4/5/24), 9:00 AM in D-2204.

SAFE Press Release for | Merle Wade Wakefield