The California Department of Corrections and Rehabilitation made the decision not to punish technical parole violations and has been burning the violation evidence upon release of the parolees. The department contended that maintaining field notes relating to released parolees was too great an administrative burden. Gov. Arnold Schwarzenegger put an end to the practice of destroying field notes on March 9, 2010, when an Associated Press request for suspected murderer John Albert Gardner's parole records led to public revelation of the practice.
The Case of John Albert Gardner: Destruction of Parole Files Revealed
Gardner is charged with raping and murdering 17-year-old Chelsea King in 2010 and raping another woman in December 2009. Gardner is also under investigation in the killing of 14-year-old Amber Dubois, whose body was discovered in early March 2010, more than a year after she disappeared.
Gardner's alleged crimes also follow a conviction for beating and molesting a 13-year-old girl in 2000. He also suffered several subsequent parole violations. According to the LA Times, Gardner violated his parole conditions in 2007 by living within a half-mile of a day care center. Corrections officials allowed him to move rather than face charges of parole violation. Gardner also allegedly violated parole by missing a parole meeting and letting the batteries on his GPS bracelet run low four times. Gardner also racked up eight citations for marijuana use and motor vehicle infractions while on parole.
Laura Ahern, Parents for Megan's Law executive director, suggested that authorities missed an invitation to return Gardner to prison when they ignored what they are now characterizing as "technical" parole violations. She contended in a New York Post interview, "A technical violation is an opportunity to take sexual predators off the street ... He could have been confined and (King's rape and murder) may never have happened."
Parole violation charges in California can bring a sex offender whose original crime predated Jessica's Law under that law's jurisdiction. Jessica's Law can lead to lifetime GPS monitoring and psychiatric evaluation aimed at determining whether a sex offender is a sexually violent predator. A positive finding can result in long-term incarceration in a mental health facility. Jessica's Law changed the requirement from two convictions to one for such evaluation.
Impact of the Gardner Case on Convicted Sex Offenders
Gov. Schwarzenegger has asked the state Sex Offender Management Board to review the Gardner case and issue recommendations to protect the public. The Sex Offender Management Board was created in 2006 to advise the legislature on sex offender supervision. The Board's mission may be compromised by the missing records, eliminating evidence that would establish the extent of technical parole violations and enable evaluation of whether more stringent responses may be appropriate. Current parolees are unlikely to receive the same treatment regarding parole given Gardner in light of the publicity surrounding his violations and alleged subsequent crimes.
Corrections officials contend that with 10,000 parolees released each month, the administrative burden of retaining field notes is unwieldy. Spokesperson Oscar Hildago expressed concern that if the parole violations recorded in the field notes were used to return offenders to prison, the system would break down. The department claimed to maintain what it considered pertinent information in a central file, but without the notes that were burned, that claim cannot be verified.
Former Assemblyman Todd Spitzer believes the motive in not busting parole violators like Gardner boils down to one factor: concern about prison overcrowding.
For more information regarding the Gardner case and how it may impact your treatment as a parolee, speak to an experienced criminal defense attorney to answer your questions and help you explore the best legal options in your situation.
