The same law enforcement group that supported a bill designed to help non-violent offenders avoid returning to prison is now working on legislation that would put parole violators back behind state bars.
Supported by the California Police Chiefs Association, AB 109 was designed to help non-violent, non-sexual, non-serious offenders get help, so they don’t land back in prison.
But that same group is concerned that certain violent offenders could fall through the cracks.
Thomas Walker represents a hole in the justice system, according to police. The 46-year-old transient has a criminal record dating back to 1984, mostly for burglary and drug offenses.
But since those are considered non-violent crimes under AB 109, Walker was moved out of prison, sent to a county jail and released.
Then in late February, police said he broke into a Santa Ana apartment, demanded the women inside cook him a meal, and tried to sexually assault her.
"He then grabs her against her will and basically holds her hostage in her own kitchen," said Cpl. Anthony Bertagna, with the Santa Ana Police Department.
Costa Mesa police have tied Walker to two attacks in that city earlier this year.
He's accused of trying to sexually assault a 32-year-old woman near Mendoza and Mission drives. Two weeks later, he allegedly held an 18-year-old woman at knifepoint and assaulted her.
Walker is one of 38,000 state prisoners released in the last two years in an effort to combat overcrowding and the cost of incarceration.
As president of the California Police Chiefs Association, Covina police Chief Kim Raney calls AB 109 misguided.
"They’re only evaluated for the last conviction, where they should be evaluated on their entire criminal history," Raney said. "So we have some very violent people being released in our community, under AB 109, that should be in state prison."
Initially, Santa Ana police did not know they were searching for Walker in connection with the kitchen hold-up. They had just a composite drawing.
Then two days later, he was arrested near First and Lyon streets for selling drugs to an undercover officer. A tip helped them connect the dots.
Raney said that with county jails overcrowded, the vision for AB 109 should be readjusted.
"There’s a saying that there’s a fine line between vision and hallucination," Raney said.
Nearly two years ago, the U.S. Supreme Court ordered Gov. Jerry Brown to reduce the prison population. Under this realignment, those non-violent inmates could be moved to county jails like this one, or be released and supervised.
Another court mandate has been ordered to move 10,000 more prisoners out of state prisons. That must be done by the end of this year.
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