Smith was convicted of a misdemeanor sexual offense involving a child in 1985, but he expired from the California sex offender registry in 2005. However, Smith has spoken openly of his desires to kill and molest children at trial hearings over the matter of his civil confinement under California law.
Orange County Board of Supervisors Chairwoman Michelle Steel slammed the state of California in a press release for allowing Smith’s release from civil confinement, detailing the legal measures that had been used to detain him at the Coalinga State Hospital since 1999.
“After over 20 years in confinement, Coalinga State Hospital has released Cary Jay Smith, a child sex offender from Orange County, back into our community. Smith, an unstable individual, has openly made threats to rape and murder children and has stated that he would reoffend upon his release,” said Chairwoman Steel. “The fact that he is being released back into our community is unconscionable. We must take this threat to our community very seriously and ensure that everyone in Orange County is aware of this individual’s grave threat to our children.”
Because Smith’s confinement has been medical in nature, he’s neither monitored by the parole system nor required to register as a sex offender, despite speaking of his desire to commit further sex offenses on numerous occasions.
“This sexual predator has repeatedly testified under oath that he will re-offend if he is released and we should believe him,” said Orange County District Attorney Todd Spitzer.
After Smith took up residence at a motel in the Riverside County city of Lake Elsinore, protests occurred at his location. He then decided to leave Riverside County, with reports indicating that he’s taken up residence in the San Diego area.
More than 16,000 people have signed a petition urging Governor Gavin Newsom to require Smith to reregister as a sex offender.