Nursing home officials and advocates for the elderly urged state lawmakers to prevent convicted sex offenders from being placed in facilities that serve the general population during a legislative study conducted today.
Several officials attending the meeting voiced support for creating a separate facility that would exclusively serve elderly sex offenders or violent criminals.
Rep. Kris Steele (pictured), a Shawnee Republican who requested the study, said the current system may endanger many elderly Oklahomans: "I believe government's primary responsibility is to protect its most vulnerable citizens, and that's why I requested this study, to determine how we can best protect our elderly citizens who need long-term care," Steele said. "At the same time, we've also got to provide some form of care for individuals on the sex-offender and violent-offender registries who have served their debt to society and are no longer capable of independent living."
A 2005 law authored by Steele requires nursing homes to run background checks on all employees and post public notification whenever a registered sex offender or violent criminal is admitted as a resident.
However, several officials at the Capitol hearing called for new restrictions that would prevent sex offenders from living in long-term care facilities that serve the general population, saying the risks are too great. In most nursing homes, officials noted that staff levels are low and security guards in short supply, making it difficult to properly monitor a sex offender in a facility.
In addition, federal regulations prevent nursing homes from restraining residents or even locking them in a room except in rare instances that seldom apply to a newly admitted sex offender.
Currently, officials believe approximately 60 individuals listed on the state's sex offender or violent criminal registries now reside in nursing homes that serve the general public. That number could increase significantly in the near future.
According to figures provided by the Oklahoma Department of Corrections, an estimated 2,450 criminals convicted of sex crimes or violent offenses will be released from prison in the next 10 years, and 26 percent of those convicts will be age 51 or older and potential candidates for nursing home care.
Officials said long-term care facilities are normally reluctant to admit sex offenders because of liability issues and the loss of other customers as a result. In addition, Medicare/Medicaid will not pay the expenses of convicts, creating financial strain for the facilities.
However, those facilities are often forced to take criminals as residents due to court orders. The individuals sent to nursing homes by court order are often ruled incompetent to stand trial, officials said.
Lawmakers are considering creation of a specialty facility for sex-offenders or violent criminals in need of long-term care. Steele said additional study is needed to determine what security efforts will be required to operate specialty facilities and ensure protection of the public.