Monday, April 14, 2008

Pahokee sex offender who was committed indefinitely wins release


By Missy Diaz

South Florida Sun-Sentinel

April 14, 2008

A teenage neighbor raped Tywaun Jackson in woods near his Pahokee home when he was 5. Seven years later, 12-year-old Jackson lured a young girl into the same woods and molested her. Victim had become predator.

By the year 2000, Jackson, then 25, had earned the dubious distinction of becoming the first Palm Beach County man to be committed under Florida's Jimmy Ryce Act, which allows the indefinite civil commitment of sex offenders after they've completed their prison term.

Now he's the first Palm Beach County resident to be set free with the blessing of the hard-nosed prosecutor who fought for years to keep Jackson detained.

It took eight years of treatment and a legion of court hearings, but in November a judge ordered Jackson's release on the advice of mental health experts and Assistant State Attorney Robert Jaegers.

The stipulated agreement between the state and Jackson has myriad requirements, including participating in sex offender counseling and taking medication to decrease his sex drive if a psychiatrist recommends he do so. He's also required to live with his mother and abide by all the conditions of his criminal probation, which expires in 2014. Should he violate any of the terms, Jackson could be sent back to prison. He also could be sent back to the Florida Civil Commitment Center, the 14-acre former prison in rural south-central Florida.

Jaegers, the Palm Beach County assistant state attorney who handles Ryce cases, later agreed to the conditional release of another civilly committed sex offender. Charles Durden, a 57-year-old pedophile,was released last month. Like Jackson, Durden has many years of supervision remaining on his criminal probation.

Jackson, now 33, spent his youth in and out of juvenile and mental health facilities before going to adult prison in 1996 for molesting two children. Since that time he has admitted to molesting at least 60 youngsters, ranging in age from six month to 10years, by manipulating them with money or toys.

Raised mostly by his grandmother, who baby-sat children in her home, Jackson had an endless supply of prey, he told the South Florida Sun-Sentinel during an interview at the Florida Civil Commitment Center in 2005.

Some were relatives, but many were not. At 5-feet, 5-inches, 120 pounds and an IQ of 79, Jackson comes across as child-like. His crimes occurred wherever an opportunity presented itself — sugar cane fields, empty apartment buildings and his grandmother's house.

"Anywhere I thought I wouldn't get caught," he recalled in 2005.

As he prepared for his January 1999 release date, he learned the state had placed a hold on him under the Ryce Act, which went into effect Jan. 1, 1999. In 2000, a Palm Beach County jury deemed him a sexually violent predator likely to re-offend, the threshold for civil commitment.

During his incarceration at the FCCC, Jackson did everything asked of him and completed every class offered, some more than once. For years he petitioned the court asking to be released but was always turned down.

But when psychologists, who previously found Jackson in need of additional therapy, changed their opinion and said continued detainment could actually cause regression, Jaegers was swayed.

Part of Jaegers' decision to agree to a conditional release plan for Jackson, he said, is because the Legislature has not funded the final phase of treatment required by the law, which involves some form of supervised release and out-patient therapy.

"If they've done everything they're able and in the opinion of the experts they're no longer likely to re-offend, to maintain them after that diagnosis and risk assessment is actually contrary to the intent of the statue," he said. "He had completed successfully everything available to him as an in-patient. To hold him in limbo and keep him locked up without any hope of advancement is detrimental. I was getting that from the staff at the facility."

Conditions of Jackson's probation, such as not being allowed to be alone with children, help provide a built-in safeguard, according to Assistant Public Defender Shari Vrod. Jackson initially returned to Belle Glade upon his release but has since relocated to Lehigh Acres on Florida's west coast, according to probation records. He could not be reached for comment, despite attempts by telephone.

Having a strong family support system is key for sex offenders, according to Ben Taylor, a West Palm Beach sex therapist who has treated Jackson.

"Without a support system in place [sex offenders] are destined to doom," Taylor said. "There is a support system for [Jackson]. If he has a support system once he gets out and he's in therapy and he keeps his thoughts in check, then chances are good he won't re-offend. It's when you let your mind go ... is when you start messing up."

Vrod has high hopes for Jackson's success.

"He was quite a lovable kid," she said. "He was the poster child for success at the FCCC. He did everything he was told and he definitely seemed remorseful. What goes around comes around and lets hope it has gone all the way around. He's so young and could really have a whole life ahead of him."

Missy Diaz can be reached at mdiaz@sun-sentinel.com or 561-228-5505.

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