California lawmakers have recently altered their stance on an initiative aimed at preventing the parole of serious offenders, following pressure from prisoner advocacy groups. The change comes amidst ongoing efforts to address prison overcrowding.
The Older Offenders Act permits inmates aged 50 and older who have served a minimum of 20 years to apply for parole. This law led to the parole of David Allen Funston, a man convicted of abusing several children, when he was granted release at 64 earlier this year, causing significant distress among his victims’ families.
In response to the public outcry, Representative Stephanie Nguyen expressed her intention to amend this law, proposing to raise the eligible age for parole to 75.
However, it has been reported that this age threshold was adjusted to 65, which is only a year beyond Funston’s age at release.
Nguyen’s office explained that this amendment was made in coordination with the Assembly Public Safety Committee to make the bill more feasible.
“The new requirement of 65 years and at least 25 years served strikes a reasonable balance, especially since the bill enhances safeguards for individuals serving life sentences,” remarked Carol Nguyen, the legislative assistant.
For those serving life sentences, there’s the possibility of being evaluated as sexually violent offenders by the State Hospital Authority, which could hinder their release.
Nguyen’s office reiterated that the goal remains to elevate the review standards and improve the process for these cases.
Nonetheless, lawmakers faced criticism from nonprofit organizations highlighting that research suggests the rate of reoffending drops significantly after age 50, ultimately reaching zero by 65.
The Prison Policy Initiative cautioned against what they termed fear-based policymaking that contradicts established criminal justice research, arguing that it could lead to unnecessary incarceration costs for California.
The adjustment to a 65-year threshold was made to align the legislation with existing studies, according to legislative sources.
Other recently proposed laws regarding parole eligibility also consider similar age thresholds, including measures from both Republican and Democratic lawmakers.
Some critics of the early release initiative expressed dissatisfaction with the adjustments made in Nguyen’s proposal.
“Would we really feel more secure knowing that David Funston was just a year older before his release?” questioned former Sacramento County District Attorney Ann Schubert. “Predatory instincts don’t vanish with age.” She also pointed out that the revised bill removes the blanket prohibition on certain sex offenses qualifying for parole.
“This version now permits sex offenders serving life sentences to seek parole at 65,” she added in an email.
