CLAY COUNTY, Fla. – A three-time convicted sexual predator held in confinement as a high-risk repeat offender for the last 13 years is now a free man on a technicality, living in Clay County.

News4Jax first told the story of John Hensley three weeks ago during a special report on sex offenders. The Clay County Sheriff's Office walked door-to-door in his neighborhood, letting people know he had recently moved in.

That report sparked Hensley's ex-fiance to call News4Jax, outraged. She said her 10-year-old daughter was molested by Hensley in the 1990s, and she fears now that he's out again he will re-offend.

According to the Department of Children and Families, a judge ultimately makes the call, but Hensley was the one who asked to be released and got his request. That's because, according to the Public Defender's Office, a Department of Corrections technicality meant Hensley was being held in DCF custody unlawfully for the last 13 years.

DOCUMENTS: Order releasing Hensley |
State Attorney's Office letter to victim

Hensley will never lose the title of sexually violent predator, but he does have his freedom. He's living in Keystone Heights, released from a Civil Commitment Center a little more than a month ago because of an oversight.

"There's no question the (Department of Corrections) made a mistake," attorney Gene Nichols said. "It doesn't take a rocket scientist to figure it out. The court has already determined he should have been released. He was not released, period."

Hensley has spent several years in prison on three separate occasions. His first conviction happened in 1989 for attempted sexual battery on a child. He was released in 1991, but just one year later he was back in prison for sexual battery on a child younger than 12.

His third arrest came in 1997 for a lewd and lascivious act against a teen. He was released in May 2001, and just two weeks before his release, a judge held a Jimmy Ryce hearing to determine if he was a sexually violent predator. He was and was sent to a commitment center involuntarily.

The problem is, Hensley should have been released from DOC custody in March because of time served.

"You cannot civilly commit someone, an individual who is out," Nichols said. "You could not be civilly committed under the Jimmy Ryce Act because you are not incarcerated."

The mistake went unnoticed for 13 years. In October, Hensley voluntarily asked to be released and the judge granted it, and unless Hensley commits another crime, sexual or not, another Jimmy Ryce hearing could not be held. He's a free man.

"The act of the Department of Corrections to keep him there when they shouldn't have probably easily rises to the level of negligence, if not something worse," Nichols said.

Mother of one of Hensley's victims speaks

Marilyn, Hensley's ex-fiance and the mother of one of his victims, said her daughter fears for her life.

Marilyn met 46-year-old Hensley in the early '90s. She said he seemed like a good man with good intentions.

"When I saw the news (last month) and saw him, it just sent chills to my bones," Marilyn said.

She told News4Jax about how she was at one point engaged to Hensley and what followed.

"I was divorced at the time and I thought he would make a very good father to my children, and I never knew what was going on behind closed doors," Marilyn said.

Marilyn and her daughter, who was 10 years old at the time, had just gotten home from picking up groceries. She said that out of the blue, her daughter told her Hensley did stuff to her.

"She's mostly mentally handicapped. He took full advantage of it," Marilyn said. "She put her little hands on her hips. She said, 'That's what John did to me.' It was something on TV. To this day I don't know what that was. I wish to heavens and Bettsies I did, but it was something on TV."

Marilyn called police. She said Hensley disappeared, but police eventually found him. According to court documents, Hensley was arrested in 1989 for attempted sexual battery on a child. He was released in 1991, but was arrested again in 1992.

Marilyn said the second arrest was related to her daughter. Hensley was charged with sexual battery of a child younger than 12.

Hensley was released from the Department of Corrections in October and is now living in Clay County.

"It makes me feel very sick to my stomach," Marilyn said. "The truth should be known about him. He needs to be put away."