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Parole Board Upholds Release of Sacramento Child Molester Under Elderly Parole Law

CDCR has not disclosed when or where he could be released.

Overview

  • The full Board of Parole Hearings reaffirmed David Allen Funston’s parole on Feb. 18, 2026, following Gov. Gavin Newsom’s Jan. 12 referral for full-board review.
  • Funston, 64, was convicted in 1999 of 16 counts of kidnapping and child molestation for crimes in 1995–96 and received 20 years 8 months plus three consecutive 25‑years‑to‑life terms; he remains housed at the California Institution for Men in Chino.
  • He qualified under California’s Elderly Parole Program, which requires commissioners to give special consideration to advanced age, long confinement and diminished condition after age and time‑served thresholds are met.
  • Victims and local law enforcement denounced the decision, with Sacramento County Sheriff Jim Cooper criticizing the ruling at a Monday news conference.
  • Former prosecutor Anne Marie Schubert asked that Funston be screened for possible civil commitment under the Sexually Violent Predator law, and CDCR says any release details are confidential and subject to remaining administrative steps.