SACRAMENTO COUNTY, Calif. — "The person who killed my sister, after he killed her he ransacked the house," said Dan Tibbitts as he walked through the now gutted home. "And then he set fire in three locations."
In September 2021, Kate Tibbitts and her two dogs were murdered in her Land Park home.
The man arrested and charged, Troy Davis, had been in police custody just three months prior after being charged for auto theft. Before that, he had been released early from prison following felony convictions.
"My sister is the victim of three strikes," said Dan. "Our governance is literally the cause of our escalating crime rate ... and these policies being put into effect."
The policies he's referring to aren't necessarily new — a number of policies have been put into place over the years, beginning widely in 2016 with the passing of Proposition 57. These policies assist prisoners in getting out of jail and prison early based on "credit-earning opportunities."
Now, more early release measures may be made permanent.
Assemblymember James Gallagher said making these permanent would allow those with violent felonies to earn up to 33% off their sentence, up from current state law that only allows inmates to earn 15% off their sentence. As well as inmates who were sentenced for a non-violent felony under the three strikes law to earn 66% off their sentence — an increase from the current state law that only allows for inmates to earn a maximum of 20% off their sentence.
"The policy changes that are now being considered make it easier for convicted felons and prisoners to be released earlier will lead to more severe consequences," said Dan Tibbitts. "My family has felt these consequences first-hand."
California's Department of Corrections provided ABC10 with the following statement when asked about the reasoning behind proposing permanent measures:
"California has made credit-earning opportunities accessible to incarcerated individuals for many decades, and increasing the rate of credit earning in furtherance of Proposition 57, which was overwhelmingly approved by voters in 2016, provides a compelling reason for individuals to engage in positive programming while serving their time. This can lead to improved behavior and instilling pro-social and vocational/educational skills to assist people in finding success, and avoiding recidivism, after incarceration. CDCR proposed updated emergency regulations in December, and throughout the regulatory process, the department has consistently engaged with various stakeholders to ensure transparency and communication, including issuing a press release, FAQs, and comprehensive information on credit-earning and Proposition 57. We will review all input from the public following the end of the public comment period later this month."
Dan Tibbitts disagrees. He said by making emergency early release procedures standard policy would be "enormously reckless and irresponsible."
The Sacramento County District Attorney's office told ABC10 the California Department of Corrections and Rehabilitation has not been transparent.
They've had to file a public records request, asking for information which wasn't answered, they said. Through their own digging, the District Attorney found in a 16-month span between January 2019 and May 20, 2021, around 4,000 people were released in Sacramento County.
While California Corrections won't say who is on early release and who isn't, of that 4,000, the District Attorney said 640 have re-offended, been convicted, and sentenced. That's 16% in Sacramento County alone.
"This hit way too close to home, not just for me — but for the entire neighborhood," said Dan Tibbitts.
For him, a systemic failure cost us his sister, who spent her free time volunteering at the SPCA and election's office.
"She believed in the civic process and she believed in our elected officials to do their jobs," he said. "So, the system she trusted failed her, and it costed her life."
Republican Legislatures released a statement to Gov. Newsom Wednesday advocating against making permanent early release procedures permanent.
A teleconference where members of the public can call in to voice their concerns or support will begin at 10 a.m. Thursday.
