This story was reported for the San Diego News Network on March 9, 2010.
A state prison policy of destroying field records one year after a criminal’s parole is completed has been “indefinitely” lifted after it was challenged by Assemblymember Nathan Fletcher (R-San Diego).
In response to an argument made by Fletcher Tuesday, the California Department of Corrections and Rehabilitation (CDCR) will hold “all documents related to the parole supervision of all sex offenders indefinitely after discharge from parole supervision.”
The change in policy comes after Fletcher made his argument, days after he attempted to retrieve the records of convicted sex offender John Albert Gardner III, the suspect in the death of Poway’s 17-year-old Chelsea King. Fletcher represents the area where King lived.
“I have worked closely with the Governor on this issue and share his belief that files related to sex offenders be retained for as long as possible,” said CDCR Secretary Matthew Cate. “I have directed my parole staff to immediately retain all information related to sex offenders. We will continue to support local law enforcement in their investigation into this matter.”
Earlier Tuesday, Fletcher criticized the CDCR for not holding Gardner’s documents.
“This heartbreaking case leaves a lot of unanswered questions about how our criminal justice system fails to deal with sexually violent predators,” Fletcher said. “It is unacceptable and it has given all of us in public service a renewed determination to bring about change.”
The policy — number 08-36 of the California Department of Corrections and Rehabilitation — allows for the system to destroy “Field File” reports one year after a criminal completes his or her parole; however it maintains a “Central File,” which contains “pertinent information.”
But Fletcher said the policy and system failed to factor in “reality.” Fletcher said he and his staff were “shocked” when they requested field reports and in return, received a “fact sheet” a little more than one page long.
He said his proposed legislation, Chelsea’s Law, would allow the state to determine how to improve the system so that the necessary documents are available when a case such as Gardner’s appears. Additionally, Fletcher has requested that the State Inspector General David Shaw investigate the record keeping process.
Related links: Follow the timeline of Chelsea King’s case | Follow the timeline of Amber Dubois’ case.
As of now, though, he would like Cate to give more information, including: The date and location where Gardner’s Field File was destroyed; the components of Gardner’s parole which have been added to the Central File; why the Central Files are maintained when Field Files are destroyed; and why the “department believes a policy of destroying public safety records is in the best interest of the state.”
According to a Monday report by The San Diego Union-Tribune, when Gardner was sentenced to six years in prison in 2000 for molesting a 13-year-old girl, he was released in September 2005. Subsequently, “the field notes on Gardner’s contacts with his parole agents were destroyed last fall.”
Though Fletcher’s efforts are agreeable to many, a spokesperson for the state prisons told the Union-Tribune that “the system does work.”
Fletcher blasted the statement in the U-T saying it “is reflective of an agency that is out of touch with reality.” Fletcher said he had “little confidence in their ability.”
A statement from King’s parents Kelly and Brent was released Tuesday commending Fletcher for his efforts.
“Chelsea has given us the opportunity to make the kind of changes that will save precious young lives like hers,” it stated. “We do not yet know when or how those efforts will take shape but our commitment to carry her light forward is steadfast.”
Gardner was arrested in connection with the death of King and is the focus of the investigation in the death of 14-year-old Amber Dubois. On March 3, he pleaded not guilty to murder with the special circumstance of rape or attempted rape in the King case, and not guilty to rape or attempted rape in a separate Dec. 27 attack on a jogger in Rancho Bernardo Community park. His preliminary hearing is scheduled for Aug. 4.
A spokesperson for CDCR said she was unsure how the move would affect CDCR’s finances.
Editor’s note: California law notes differences between “sexually violent predators” and “sex offenders.” Though Assemblymember Nathan Fletcher uses the term “sexually violent predator,” John Albert Gardner III is a convicted “sex offender.” For differences between the two categories, check out this state report.
Hoa Quach is the political editor for the San Diego News Network