Overview
- David Allen Funston, 64, had been granted parole under California’s Elderly Parole Program, a decision reaffirmed by the Board of Parole Hearings on Feb. 18 after Gov. Gavin Newsom requested further review.
- CDCR was set to release Funston on Feb. 26 but turned him over to Placer County authorities after a new arrest warrant was issued; he is being held without bail and is due in court next week.
- The refiled counts stem from an alleged 1996 child assault in Roseville, with prosecutors citing the statute of limitations to proceed on charges including lewd and lascivious acts with a child.
- Lawmakers responded with proposed changes, including Sen. Roger Niello’s SB 1278 to bar sexual offenses from elderly-parole consideration and Assemblymember Maggy Krell’s planned bill to require Sexually Violent Predator review before such parole.
- Under the program, inmates 50 or older who have served at least 20 years may be considered regardless of sex-offense history; commissioners cited treatment, remorse, a detailed release plan and sustained good behavior in finding Funston suitable.