California Oig Special Report Re Parolee Garrido and Cdcr Supervision 2009
Download original document:
This text is machine-read, and may contain errors. Check the original document to verify accuracy.
SPECIAL REPORT THE CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION’S SUPERVISION OF PAROLEE PHILLIP GARRIDO OFFICE OF THE INSPECTOR GENERAL DAVID R. SHAW INSPECTOR GENERAL STATE OF CALIFORNIA NOVEMBER 2009 Bureau of Criminal Investigations Office of the Inspector General Page 1 Executive Summary On June 10, 1991, federal parolee Phillip Garrido and his wife Nancy allegedly kidnapped 11-year-old Jaycee Dugard from South Lake Tahoe, California. Over the course of the following 18 years, Garrido reportedly sexually assaulted Jaycee––fathering two children––while holding her captive on the grounds of his residence in Antioch, California. For many of those years, the California Department of Corrections and Rehabilitation’s (department) parole division supervised Garrido. Despite numerous clues and opportunities, the department, as well as federal and local law enforcement, failed to detect Garrido’s criminal Findings in Brief conduct, resulting in the continued confinement and victimization of Jaycee The Office of the Inspector General finds that and her two daughters. On August 26, during the 10-year period the department supervised parolee Garrido, the department: 2009, Garrido and his wife were finally arrested for these heinous crimes, and • Failed to adequately classify and supervise Jaycee was reunited with her family. Garrido. • Failed to obtain key information from federal parole authorities. • Failed to properly supervise parole agents responsible for Garrido. • Failed to use GPS information. • Provides the public a false sense of security with a passive GPS monitoring program that falls short of its potential, raising OIG’s concerns about the department’s current and future uses of GPS monitoring. • Ignored other opportunities to determine that Garrido was violating the terms of his parole. • Failed to refer Garrido for mental health assessment. • Failed to train parole agents to conduct parolee home visits. • Missed opportunities to discover the existence of Garrido’s three victims, including: o Failing to investigate clearly visible utility wires running from Garrido’s house towards the concealed compound. o Failing to investigate the presence of a 12year old female during a home visit. o Failing to talk to neighbors or local public safety agencies. o Failing to act on information clearly showing Garrido had violated his parole terms. Bureau of Criminal Investigations Office of the Inspector General In 1977, Garrido was convicted in state and federal court for kidnapping and repeatedly raping a 25-year-old female victim. The federal court sentenced him to 50 years for kidnapping while Nevada imposed a five years to life term for forcible rape. In January 1988, after serving 11 years of his federal sentence, the federal government paroled Garrido and released him to Nevada authorities to serve his state sentence. Seven months later, Nevada paroled Garrido, returning him to the jurisdiction of federal parole authorities to serve the remainder of his federal parole term. He resided at his mother’s house in Antioch, California throughout the terms of his federal and state paroles. In March 1999, the federal government discharged Garrido from federal parole, returning him to the jurisdiction of Nevada parole authorities. In June 1999, under the terms of an interstate parole compact, the department assumed parole supervision of Garrido on Nevada’s behalf because Garrido resided in California. On August 27, 2009, the day after the arrest of Garrido and his wife, the department held a press conference in Page 2 which an official hailed the diligence of parole agents who had supervised Garrido. The official also proclaimed that Garrido had complied with his parole conditions, never receiving a violation. Other department officials have made similar public statements. While it is true that Garrido’s California parole was never officially violated, our review shows that Garrido committed numerous parole violations and that the department failed to properly supervise Garrido and missed numerous opportunities to discover his victims. The focus of this special report is limited to the department’s parole supervision of Garrido. However, it should be noted that Garrido was on parole under the jurisdiction of federal parole authorities from August 1988 to January 1999. During that time, Garrido allegedly kidnapped Jaycee Dugard and sexually assaulted her, fathering two children. Federal parole authorities also failed to detect Garrido’s criminal conduct and his victims. Recommendations In this special report, the Office of the Inspector General shines a public light on systemic problems that transcend parolee Garrido’s case and jeopardize public safety. To address the deficiencies identified in this special report, the department should take the following actions: Parole Supervision • Enforce appropriate standards for parole agents to properly supervise assigned parolees and for parole supervisors to properly supervise parole agents. • Ensure that all sex offender parolees have been correctly assessed for their risks to re-offend using the department’s revised assessment tool. • Require parole agents to obtain parole information from federal or other state parole authorities when a parolee has been recently supervised by these entities. • Establish a mechanism to obtain and share information with local public safety agencies. GPS Monitoring • Develop and implement a comprehensive Global Positioning System (GPS) monitoring policy. • Move all sex offender parolees to the active GPS monitoring program, or significantly enhance the passive GPS monitoring program. • Require parole agents to fully use the capabilities of the GPS monitoring system, such as establishing a zone to monitor parolees’ compliance with conditions of parole that they not travel more than specified distances from their houses without prior approval. • Require parole agents to investigate, resolve, and record the resolution to all GPS system alerts. Bureau of Criminal Investigations Office of the Inspector General Page 3 Training • Provide training to its parole agents and supervisors on: o Using its GPS monitoring system to ensure that parolees comply with their conditions of parole and taking appropriate actions to ensure that parole agents use the system to enforce the conditions of parole. o Properly classifying parolees, including serious sex offenders. o Conducting a parolee home inspection, including search techniques on how to be aware of clues to potential parole violations or other criminal behavior. o Contacting neighbors to obtain collateral information on parolee behavior. o Referring parolees to mental health assessment when appropriate. • Implement a field training officer program to provide on-the-job training to parole agents after they complete the academy and have been assigned parole caseloads. California Department of Corrections and Rehabilitation Response The department agrees that it needs to improve its parole system, describes its efforts to transform parole into a risk-based system of supervision, and makes reference to recent legislation that will become effective January 25, 2010, which will enable the department to reduce parole agent caseloads and supervisory span of control. Bureau of Criminal Investigations Office of the Inspector General Page 4