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If my sister’s suspected killer had remained in Sacramento jail, she might still be alive

Mariann Fagunes, left, and Colleen Houk, both of Sacramento, speak warmly about their former colleague, Kate Tibbitts, during a vigil held in her honor at Plaza Cervantes Park on Thursday, Sept. 9, 2021, in Sacramento’s Land Park neighborhood. Authorities said they found Tibbitts, who was killed along with her two dogs, on the morning of Sept. 3 after her 11th Avenue home was set on fire by her killer.
Mariann Fagunes, left, and Colleen Houk, both of Sacramento, speak warmly about their former colleague, Kate Tibbitts, during a vigil held in her honor at Plaza Cervantes Park on Thursday, Sept. 9, 2021, in Sacramento’s Land Park neighborhood. Authorities said they found Tibbitts, who was killed along with her two dogs, on the morning of Sept. 3 after her 11th Avenue home was set on fire by her killer. xmascarenas@sacbee.com

My sister, Kate Tibbitts, was allegedly murdered in her Land Park home last September by a homeless parolee. Her beloved dogs were also killed.

Kate’s death was one horrific tragedy among an epidemic of violence sweeping our state. But what accounts for this?

An estimated 76,000 convicted felons became eligible for early release from prison under Proposition 57. California voters passed Prop. 57 in 2016, but I believe that many voters are now regretting their decision.

This initiative was presented to reduce costly prison overcrowding — which was a big issue at that time — by rewarding supposed nonviolent felons who exhibited “good behavior” with credits toward early release.

But the definition of “nonviolent” in California includes a wide variety of crimes that many would consider quite violent — such as rape of an unconscious person, felony domestic violence, assault with (most) deadly weapons, and hate crimes. “Good behavior” credits also apply to violent felons as well.

In fact, Smiley Martin, one of the suspects in the recent mass shooting in downtown Sacramento, had prior convictions for beating his girlfriend and even committed a crime during his last prison stay — yet he was still released early. The bar for what passes as “good behavior” is obviously quite low when it comes to early release, and we’re experiencing the consequences.

It’s easy to become overwhelmed by the crimes being committed in our communities. Just look at any news source on any given day.

Different sides of the political aisle will argue over the exact crime rates and statistics — high vs. low and up vs. down. I’ve tried to get the data myself, and it’s like chasing the wind. But what I do know is that when Californians are asked, they say they feel less safe. I know I do.

So why is the California Department of Corrections and Rehabilitation seeking to make its emergency early release policy a permanent one? Prisons are no longer as crowded, so why continue the release of dangerous inmates onto our streets before their court-ordered sentence is up?

Could it be the same reason why the bill introduced into the Legislature in honor of my sister — Assembly Bill 1827, authored by Elk Grove Assemblyman Jim Cooper — recently failed in committee? The Kate Tibbitts Act of 2022 would have enhanced the ability of parole agents to locate high-risk transient parolees by requiring them to wear a location-monitoring device.

It failed on a party-line vote. Two Republican assembly members — Tom Lackey and Kelly Seyarto — supported the Tibbitts Act, but four Democrats, including Mia Bonta, the wife of Attorney General Rob Bonta, voted against it.

I can ask the same question about the Legislature’s repeated attempts to implement a zero bail system, which allows for the arrest, citing, and release on misdemeanor crimes and a variety of felonies. It’s a “get out of jail free” card that criminals exploit terribly.

Public safety should not be treated as a partisan issue. Too many lives are at stake.

Had my sister’s alleged killer not been released, she might be alive today.

We must hold our elected leaders accountable for the laws they do — and do not — pass. We must do a better job of researching candidates as well as voter initiatives before we cast our ballots. Our lives and the lives of our loved ones depend on us paying closer attention to the policies creating the public safety nightmare we are now living.

Dan Tibbitts is the brother of Sacramento murder victim Kate Tibbitts.
Dan Tibbitts is the brother of murder victim Mary Kate Tibbitts.
Dan Tibbitts is the brother of murder victim Mary Kate Tibbitts. Dan Tibbitts
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