JACKSONVILLE, Fla. -

As a Jacksonville man with a history of sex crimes is in jail accused of more sexual violence, questions are being raised about why he was able to return to the streets.

Just as local legislators are considering tougher laws on the release of sex offenders, Channel 4 has uncovered the troubling background of a man arrested Wednesday and charged with abducting a woman waiting in broad daylight downtown and sexually assaulting her.

According to police, Alphonso Haynes Jr., 49, is accused of kidnapping the woman for a ride outside the Main Library on Wednesday and raping her.

According to the arrest report, the victim, who speaks very little English, was allowed to call her daughter to tell her she didn't know where she was, who she was with or where she was being taken. After the man forced her to hang up, detectives tracked down the phone number and found Haynes with the woman in his car.

Haynes' criminal record shows he was arrested in the past for at least three other sexual offenses:

1998 - charged with sexual assault
1999 - charged with armed sexual battery and attempted sexual assault
2011 - charged with soliciting a prostitute

In 2001, Haynes was found not competent for prosecution and sent to a state-run mental health center run by the Agency for Persons with Disabilities. Because mental health records are protected, it is not clear about when he was released.

Since he was never convicted, Haynes was never considered a sex offender.

State Rep. Janet Adkins, R-Fernandina Beach -- who led a legislative hearing on the issue of repeat sex offenders the same day Haynes was elected -- says this is another example of people being allowed to slip through the legal cracks.

"Clearly understanding the role that mental illness plays in these crimes is important," Atkins said. "And it's important that we understand how these cases are handled through the Florida Mental Health System."

Adkins has been outspoken since 8-year-old Cherish Perrywinkle was kidnapped, raped and killed in Jacksonville in June. Prosecutors say repeat sex offender Donald Smith committed the crime while on sex-offender probation.

Adkins says this week's rape appears to be another example of the justice system failing.

"I think clearly we need to take a look at the laws that are currently in place. We need to look at these practices. We need to look at making sure that these people are receiving the mental health services that they need," Atkins said.

Police say Haynes has admitted to Wednesday sexual assault.  He remains at the Duval County jail on $175,000 bond.