California lawmakers have quietly walked back on promises to stop allowing vile rapists and pedophiles out on parole just because they are old after pressure from a lefty pro-prisoner group.
California’s elderly offenders law allows inmates to seek parole once they reach 50 and have served at least 20 years’ prison in a bizarre attempt to stop overcrowding in prisons.
That law led to Sacramento County predator David Allen Funston, who lured and molested at least eight children, being granted parole at 64 in February, prompting outrage from his victims and their families.
Assemblymember Stephanie Nguyen then promised fix the loophole by increasing the age offenders can be given parole to 75.
But now The Post can reveal the age limit has been watered down to 65 – just one year older than when Funston was released.
Nguyen’s office told the California Post that she made that change with the Assembly Public Safety Committee to “make sure the bill is workable and can move forward.”
“The amended threshold of 65 years old with at least 25 years served reflects a balanced approach, particularly as the bill also strengthens an important safeguard by ensuring individuals serving life sentences are included in the screening process prior to release,” said Carol Nguyen, legislative assistant for the assemblymember.
Those serving life sentences can be referred to the Department of State Hospitals for evaluation as sexually violent predators who can block their release.
“The intent of the bill has remained the same, to raise the threshold for consideration and strengthen the review process in these cases,” Nguyen’s office told the Post.
However, lawmakers were pressured by a an nonprofit NGO that claims recidivism rates for criminals fall at age 50 and reach zero by age 65.
“AB 2727 promotes fear-based policymaking that is inconsistent with empirical criminal justice research, locking California into decades of wasteful prison spending,” the nonprofit Prison Policy Initiative told lawmakers.
The new age-65 threshold was made to align the bill with that research, a legislative source told the Post.
Other legislation that would also change parole eligibility, including those authored by Republicans, have also listed age 65 or lower as the threshold.
Some critics of the early release program are not happy with the new change in Nguyen’s bill.
“David Funston was released at 64. Do we all feel safer from this pedophile simply by waiting until he’s 65?” said former Sacramento County District Attorney Anne Schubert.
“Age does not erase predatory behavior.”
She also criticized other changes to the bill that removed blanket prohibitions for certain sexual offenses to qualify for parole.
“Now under latest version these sex offenders who got LIFE can now be eligible at 65,” she said in an email to the Post.
