The proven flawed and failed policies of the California Department of Corrections and Rehabilitation (CDCR) and Division of Adult Parole Operations (DAPO) nearly cost two Los Angeles police officers their lives. One of the officers was shot in the wrist and the other injured in the incident. Officers in LAPD's Foothill Division in the San Fernando Valley initiated a pursuit of a possible DUI suspect. Eventually, Javier Joseph Rueda, age 28, stopped his vehicle, got out and began shooting at officers. Reports say Rueda shot at least ten times in an effort to kill the officers. Officers returned fire and subsequently killed Rueda. Rueda also known as "Jayboy", "Lilskinny" and "Ghost" had two loaded semiautomatic handguns that were recovered at the scene.

For over a year, the Los Angeles Police Protective League (LAPPL) has warned that the implementation of this program would severely jeopardize the safety of the community and law enforcement just to save a few dollars. In fact, Law Enforcement officials across the state have voiced major concerns over the Non Revocable Parole (NRP) policy.

Paul M. Weber, President of the LAPPL, said, "for months we have repeatedly warned it's only a matter of time before the Department of Corrections' NRP policy - which pushes prisoners back onto the streets and prevents their return to prison - enables a parolee to kill a police officer, or an innocent member of our community. It was only by the sheer grace of God that these officers were not killed by this parolee, who still should have been in prison."

As outlined by Secretary of the California Department of Corrections and Rehabilitation, Matthew Cate, in a January 21 letter, the objectives of the new NRP policy "allows the CDCR to reserve active parole supervision for offenders who have been assessed as being high risk to re-offend, have a serious or violent commitment history, and sex offender."

On July 14, four days after the shooting incident, an "All Staff Alert Notification" from Maria Franco, Chief Deputy Regional Administrator-DAPO, announced that "Rueda was on active parole and a documented Vineland Boys gang member" who has a history of assault on police officers.

But, Rueda was not on "active" parole. He was re-classified as an NRP in late May 2010 due to a "flaw" in the program. Franco should have known that.

She should have also remembered that a member of the Vineland Boys killed a Burbank Police Officer, not very long ago, when he interrupted the gang's drug transaction.

Caroline Aguirre, a retired Parole Agent, said, "In December of 2009, Rueda's assigned Parole Agent completed what is known as an annual Discharge Review with the recommendation that Rueda, based on his violent history, use and possession of firearms and his documented gang membership, be retained on parole.

The Board of Parole Hearings concurred with all recommendations and retained Rueda on parole for a second year. The Board of Parole Hearings, in their decision, believed and assessed that Rueda was likely to re-offend and he posed a risk to the welfare and safety of the community." So how was Rueda classified as NRP?

The CDCR's Parole Violation Decision-Making Instrument (PVDMI) system had misclassified hundreds of felons. It was also later acknowledged that 656 released inmates pose a danger to public safety and should be in jail or under parole supervision.

Bob Walsh, retired Lieutenant-CDCR, believes the entire history of parolees was not taken into consideration and that screeners were poorly trained. Walsh also reported, "One of the released parolees held a 17 year-old girl in his room against her will for several days, repeatedly raping her. Among the persons the state is now trying to find are 29 domestic violence cases, 4 rapists, 12 with weapons violation charges and 3 street gang members."

Aguirre was adamant that "heads needed to roll" over these and other incidents. Aguirre named Matthew Cate, Scott Kernan, Robert Ambroselli, Margaretta Perez and Maria Franco and said, "They have been less than transparent and totally incompetent."

Assemblymember Nathan Fletcher and Ted Lieu both publicly acknowledged that the "system was broken".

Los Angeles Police Chief Charlie Beck sent a letter to Cate expressing concern that Rueda had been placed on "non-revocable parole" in May, after serving just two years of a 10-year prison sentence on firearms and other charges.

Assemblyman Ted Lieu (D-Torrance), has called for an investigation by Office of the Inspector General (OIG). "Rueda should have never been on NRP," said Lieu. "This is another example of this failed parole policy. CDCR needs to halt the implementation of NRP immediately before someone dies."

SBX 3 18, the bill passed last year by, among others, Former Assemblymember Paul Krekorian, now an LA City Councilmember, and Assemblymember Felipe Fuentes, a possible candidate for City Council's District 7. It was voted on before the Department of Corrections even wrote the policy and procedure for the implementation of the Bill. Others who voted to pass SBX3 18 can be found here and here.

While lawmakers scramble to make a bad law "better" with the introduction of SB 1487, that would allegedly clarify ambiguities of SBX3 18, no one appears to be challenging the incompetent actions of the CDCR or DAPO.

In March, Crime Victims United of California (CVUC) filed a lawsuit in San Diego Superior Court against the Governor and the CDCR. The lawsuit challenges the various constitutional violations by Governor Schwarzenegger and the CDCR with their "early release" policies alleging the law is in direct conflict with Marsy's Law, overwhelmingly passed by voters in 2008.

CVUC is seeking a temporary restraining order to immediately stop the early release and protect California citizens.

Aguirre said, "Those who voted for this defective bill owe the people and all in law enforcement a sincere apology for putting them in danger."

LAPD's Deputy Chief, Kirk Albanese, who is in charge of the San Fernando Valley, reported "I am happy to say that both officers are recovering from the injuries they sustained in that gun battle and both will make a full recovery and return to the field to serve the LAPD and the community in the near future."