Fury over the parole release of a child sex predator has now made its way to the state legislature, where Democrats are moving closer to the middle to address a loophole that let it happen.
Both Republicans and Democrats advanced a bill Tuesday that would limit who would be eligible for an elderly parole hearing. The elderly parole program allows inmates over the age of 50 who have served 20 years to petition for release.
The proposal, from Democrat Stephanie Nguyen, would raise the age to 65. Sacramento County’s most reviled child predator was 64 when he was granted parole in February.
David Allen Funston reportedly kidnapped and molested at least eight children — seven girls and one boy — luring them in with Barbie dolls and candy.
“When someone commits violent sexual crimes, especially against children, the consequences must reflect the seriousness of that harm,” said Assemblymember Nguyen, when announcing the bill. “AB 2727 ensures that individuals convicted of the most serious sexual offenses are not eligible for elderly parole.”
The bill calls for several other changes. Elderly offenders who are convicted of certain high-level sexual crimes against a child would not be able to get parole, while other sexual offenses raise the bar.
The current district attorney for the county, Thien Ho, said Nguyen’s bill will make a difference.
“Recent changes to elder parole laws break our promise to victims and endanger our most vulnerable—our children,” Ho said in a statement. “Our community deserves better.”
Another case also sparked outcry. Last month, Gregory Lee Vogelsang, 57, was granted early release despite a more than 300-year sentence for sexually abusing children. He was convicted of kidnapping and molesting multiple children between the ages of 5 and 11 in the ’90s in the Sacramento area.
California Democrats at a legislative committee Tuesday put their support behind the bill, which has until the end of August to be sent to the governor.
“The scales of justice should be balanced,” Assemblymember Nick Schultz said at the hearing, according to the Sacramento Bee. “It shouldn’t be weighted so heavily that one side feels they have no voice at the table.”
Other lawmakers, including Republican Sen. Brian Jones, have also introduced legislation aimed at parole eligibility.
In past years, legislation viewed as “tough on crime” have typically floundered in a Democrat-controlled legislature, especially when sponsored by a Republican lawmaker.
But there have been exceptions when public outcry is intense. For example, in 2023, Gov. Gavin Newsom (D) intervened to revive legislation, previously killed by Democrats, that would increase penalties for child sex traffickers following intense criticism.
That was later signed into law.
