LEHI — A twice-convicted sex offender is violating Lehi city code by working from his home on a Web-based business without the necessary permits or business license.
Roger Wilkins, 38, recently sentenced to a year in the Utah County Jail for sexually abusing a deaf student, has applied for the required city permit. But Lehi city planning and zoning officials say they haven't granted approval and he shouldn't be working from home until he gets it.
And, to the chagrin of Wilkins' neighbors, if he does get the permit, Wilkins, who previously had been convicted of lewdness with two young boys, could be serving his work-release sentence at his Lehi home — the place where the abuse of the 18-year-old student occurred.
"There's no current home-occupation permit for his residence," said Kim
Struthers, a Lehi city planner. "If he's out there doing stuff today, it's not been approved and it's not allowed — and we've let him know that."
When Wilkins, a former American Sign Language instructor, was sentenced, 4th District Judge Lynn Davis said he would permit Wilkins to have the benefit of the work-release program. Wilkins would work during the day then report to the jail at night and on weekends to serve his time.
The program would give Wilkins the ability to earn money to support his wife and three children, as well as pay court-ordered restitution to the victim.
But jail officials say they won't allow Wilkins, who was sentenced in February for two third-degree felonies of attempted forcible sexual abuse, to leave the jail for work-release if his job is a home-based business. The jail doesn't allow work release for self-employed individuals, said Utah County Sheriff James Tracy.
Questions surrounding his eligibility for work release have pushed back his jail-entry date.
"We've never allowed self-employed people" for work release, Tracy said. The jail's concern is that it's difficult to monitor someone who works at home, and there are questions about how much to charge the individual.
During work release, two times the individual's pay for one hour is paid back into the work-release program each workday. The rest of the money can be used to pay bills and restitution if needed.
The judge should have the ultimate say about whether an inmate should be granted work release, said Jack Ford, spokesman for the Utah Department of Corrections.
"The jail can't make that decision (to not allow work release)," he said. "This is a court-ordered probation — the judge is the authority. The judge says what he can do in the probation agreement."
Wilkins first applied to Lehi on Jan. 18 for a major-home occupancy permit for his eBay-like business. He later amended it to a minor-home occupation permit, said planner Struthers.
A major-home occupancy permit is needed for businesses that incur significant traffic and may have additional employees.
When Wilkins applied for the minor permit for his home at 640 N. Woods Dr., the city conducted an inspection, then wrote him a letter clarifying what is allowed with a minor-home occupation permit. A minor permit doesn't allow for delivery vehicles, additional employees or use of garage space, which is what he was using.
So Wilkins finished his basement, moved the business in from his garage and reapplied for a permit in late March. His permit request will be reviewed by the Lehi City Planning Commission on Thursday.
Neighbors are worried that if granted the permit, he would be allowed to spend even more time in a neighborhood with young children without oversight.
"To allow somebody convicted of violent crimes . . . to serve on evenings and weekends and stay in the community is outrageous to us," said one mother, who didn't want to be identified for fear of retribution from Wilkins.
The mother said she is most worried about her children, who must walk past Wilkins' yard on the way to the bus stop for school.
She said she understands she can't change the work-release program but wishes that Wilkins could work somewhere with supervision.
Deputy Utah County Attorney Donna Kelly said she is also concerned about the home-business permit request and plans to voice her concerns at a court hearing April 12.
Wilkins' attorney Ron Yengich said the confusion over when his client must report to jail is not reflective of reticence on Wilkins' part, who has complied with all the court's requests.
"We wanted to get it moving along," he said. "I think it's more of the jail dealing with what the court has ordered as opposed to us working it out."
E-mail: sisraelsen@desnews.com