This story was updated Feb. 26 9:40 p.m. with the announcement from CDCR that Funston faces new charges and was handed over to Placer County law enforcement.
David Funston was convicted in 1999 of 16 counts of kidnapping and child molestation. Through California’s elderly parole program, which releases elderly inmates who’ve served 20 years of their sentence, he was set to be released.
However, according to the California Department of Corrections and Rehabilitations, he’s going to have new charges brought against him.
Funston was sentenced to three consecutive 25-to-life prison sentences. When The Board of Parole Hearings first issued their decision to release him in January, Governor Gavin Newsom sent the North Highlands man’s case back to the parole board for review. On February 18, they reaffirmed their decision.
Sacramento Sheriff Jim Cooper said people like Funston don’t deserve a second chance at civilian life.
“He was out preying on children in the Sacramento area,” Cooper said. “We’re talking children as young as three to the age of seven, molesting them.”
At the time of Funston’s sentencing, Sacramento Superior Court Judge Jack Sapunor said that Funston “became the monster parents fear most.”
The law allowing for elderly parole was established in 2017 to reduce prison populations. Under current law, Newsom doesn’t have the power to overturn their decision.
Newsom says he lacks the authority to reverse the decision because of a 2020 law he signed that expanded early parole eligibility. The law lowered the qualifying age from 60 to 50 and reduced the minimum time served from 25 to 20.
However, Republican State Senator Suzette Valladares disagrees.
“The governor’s hands are not tied. Not only did he sign the law, but he also appointed these commissioners,” Valladares said. “The governor has the authority to ask for the resignation and fire parole board commissioners for neglect, for misconduct.”
Republican Assemblymember Josh Hoover represents North Highlands, Folsom and other areas around Sacramento County. He aims to introduce a ballot initiative that would allow for the governor to overturn decisions from the Board of Parole hearings.
“I don’t know of much legal recourse for stopping this release unless he gets released and re-offends,” Hoover said. “That means creating more victims in our community, which is unacceptable.”
No information has been released on where or when Funston will be released, according to Hoover.
“He victimized children and molested children in my district,” Hoover said. “Our community is very concerned about when and where this individual is going to be released.”
The Board of Parole Hearings issued a press release Thursday evening stating that they would be turning Funston over to Placer County officials for new charges regarding crimes committed in 1996.
Gerardo Zavala contributed to this report.
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