Elderly Parole Program Faces Scrutiny After Convicted Child Molester's Release

Critics raise concerns about the program's potential to release dangerous offenders, while advocates defend its focus on rehabilitation and low recidivism rates.

Published on Mar. 5, 2026

Got story updates? Submit your updates here. ›

California's elderly parole program has come under scrutiny after the Board of Parole Hearings granted parole to convicted child molester David Allen Funston, who was serving three consecutive life sentences. The decision has sparked public outcry from law enforcement and lawmakers, who argue the program is too lenient. However, criminal justice advocates defend the program, citing its low recidivism rates and focus on rehabilitation for elderly inmates.

Why it matters

The debate over the elderly parole program highlights the ongoing tension between public safety concerns and criminal justice reform efforts aimed at reducing prison populations and providing opportunities for rehabilitation. The case of Funston, a convicted child molester, has reignited calls to exclude certain violent offenders from the program, even as advocates argue the data shows the program is effective.

The details

Funston was sentenced in 1999 for sexually abusing and kidnapping multiple children. Under the elderly parole program, which allows inmates 60 or older who have served at least 25 consecutive years to be eligible for parole, Funston was granted parole in September 2025 after serving nearly 27 years. The decision was upheld by the full Board of Parole Hearings in January 2026, despite criticism from law enforcement and lawmakers. Shortly before his expected release, Funston was charged with a new count of lewd and lascivious acts with a child from 1996, which prosecutors say they can prosecute due to the statute of limitations.

  • Funston was sentenced in 1999 for his crimes.
  • In September 2025, a panel of the Board of Parole Hearings granted Funston parole.
  • In January 2026, the full Board of Parole Hearings upheld the decision to grant Funston parole.
  • Shortly before his expected release, Funston was charged with a new count of lewd and lascivious acts with a child from 1996.

The players

David Allen Funston

A 64-year-old convicted child molester who was serving three consecutive life sentences but was granted parole under California's elderly parole program.

Jim Cooper

The Sacramento County Sheriff who criticized the parole board's decision to release Funston, calling him "the monster parents fear most."

Keith Wattley

The founder and executive director of UnCommon Law, a criminal justice-focused nonprofit that provides legal assistance for people serving long sentences in prison, who defends the elderly parole program.

Roger Niello

A state senator who is leading the latest effort to add sexually violent offenses as exemptions to the elderly parole program.

Morgan Gire

The Placer County District Attorney who charged Funston with a new count of lewd and lascivious acts with a child from 1996, shortly before his expected release.

Got photos? Submit your photos here. ›

What they’re saying

“A judge in Sacramento described him… as the monster parents fear most, yet today the parole board decided he is suitable for release.”

— Jim Cooper, Sacramento County Sheriff (abc10.com)

“It's really dangerous when we allow those emotions to drive legislation. And, what's really interesting, I think it's something that's been lost, I think in this conversation. Or at least I haven't seen it. Is that the irony is that the elderly parole program is itself a response to the way in which this type of rhetoric and public outcry drove up our prison population through the 80s and 90s.”

— Keith Wattley, Founder/Executive Director of UnCommon Law (abc10.com)

“By granting Funston release, his victims, who were children at the time of the heinous offenses, must now relive their worst nightmare.”

— Roger Niello, State Senator (abc10.com)

“The statute of limitations allows us to prosecute. There will be some legal hurdles, and there will be some litigation, I can assure you, but at the end of the day, is prosecuting this case the right thing to do to hold him accountable? The answer to that question is yes.”

— Morgan Gire, Placer County District Attorney (abc10.com)

“Whether or not we decide to prosecute them for something they could have been prosecuted for decades ago is a totally separate question. Unfortunately, I don't think it's going bring the kind of healing that the victims and survivors are looking for.”

— Keith Wattley, Founder/Executive Director of UnCommon Law (abc10.com)

What’s next

The judge in the new case against Funston will decide on whether to allow him to be released on bail.

The takeaway

The debate over the elderly parole program highlights the ongoing tension between public safety concerns and criminal justice reform efforts. While the program has shown low recidivism rates, the case of Funston, a convicted child molester, has reignited calls to exclude certain violent offenders, even as advocates argue the data shows the program is effective at rehabilitation.