Jaycee Dugard’s Kidnapper & Rapist Was Handed 431 Years in Jail- But a Loophole May Let Him Out in 25

by Placerville Newswire / Jul 23, 2016 / comments

BY KAYLA BRANDON, Image Credit: Handout/Mark Ralston/Getty Images.  In 1991, Phillip Garrido kidnapped Jaycee Lee Dugard at a California bus stop, forever changing her life.

Throughout the course of the next 18 years, Garrido forced Dugard to live in a makeshift compound in his and his wife’s yard while he consistently raped her — even fathering two children with Dugard during that time.

After Garrido’s eventual arrest in 2009, he admitted to his crimes against the California woman and was sentenced to 431 years behind bars.

But according to a recent statement made by the El Dorado District Attorney’s Office, thanks to the Elderly Parole Program introduced in 2014, Garrido could be released as early as 2034. He would be 83.

It reads, in part:

“…on May 25, 2016, the El Dorado County District Attorney’s Office was given notice by the California Department of Corrections and Rehabilitation (CDCR) that Phillip Garrido was now eligible for parole on August 26, 2034. How is this possible?

It is possible due to the misguided efforts of Governor Brown and the California Legislature along with their apparent desire to release more and more prisoners back to the streets of our communities. The little known law that allows Phillip Garrido to reduce his sentence by 406 years is called the “Elderly Parole Program.” Thus, Phillip Garrido could be back on the streets of California after only serving 18 more years of a 431 to life sentence.“
The program came to fruition after a 2013 class action case was presented to the U.S. Supreme Court, arguing California prisons were overcrowded, among other things.

According to the Prison Law Office of California, the case resulted in the Elderly Parole Program, which:

Requires the state to put in place a new parole process so that prisoners who are 60 years of age or older and have been incarcerated at least 25 years on their current sentence will be referred to the Board of Parole Hearings (BPH) to determine suitability for parole.
 
Countless people were enraged when word got out that Garrido could be eligible for an early release. Facebook user Donnella-Dee Perry says part of the problem lies with his original sentence:

“He should NEVER be given parole. In fact his sentence should [have] been without possibility of parole.”
But Lizzie Buchen of CURB, Californians United for a Responsible Budget, a coalition of prison reform groups, explained to Mercury News that the program might save taxpayers money:

“This is a population, if you look at the data, that poses little risk to public safety, so we feel there are thousands of people unnecessarily suffering in our prisons. From a fiscal perspective, this is one of the reasons we spend so much on our prison system.”
In the past two years, the California Department of Corrections and Rehabilitation says only 359 out of 1351 hearings resulted in an inmate’s early release. It’s important to note the Governor of California can still reject the board’s decision.

The Public Safety and Rehabilitation Act of 2016 will be on the California ballot this November, which includes making the Elderly Parole Program into state law.

Governor Jerry Brown (D-CA) has publicly supported the measure, citing it as a way for taxpayers to “save money” as well as keeping the most “dangerous criminals” off the streets.

When asked about her captor’s possibility of parole, Jaycee Dugard responded: “He belongs in prison where he cannot hurt anyone else.”

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