An undocumented immigrant from Mexico, currently serving a 139-year sentence for raping and getting his underage stepdaughter pregnant, may be able to apply for early parole again soon. This situation arises due to a legal loophole associated with a law signed by California Governor Gavin Newsom.
Israel Seha’s attempt for early release was halted after the Grand Judicial Parole Board reviewed his case, following calls from Yolo County District Attorney Jeffrey Reisig. Officials from the California Department of Corrections and Rehabilitation have confirmed that a new trial has been scheduled for Seha.
Reisig is urging Governor Newsom and state lawmakers to “stop the madness” of allowing individuals convicted of child rape to potentially qualify for parole under the state’s elderly release program.
“Nobody wants this to happen,” Reisig pointed out. “It just re-victimizes victims and communities. No one wants these offenders back in their neighborhoods.”
Seha, now 63, was convicted in 2000 for years of abuse against his stepdaughter, Roxanne Cruz, starting when she was just 11. He had been granted early release earlier this year by a limited parole board, which did not involve consultation with his victims or the Yolo County District Attorney’s Office, which had spent over two decades prosecuting him, according to Reisig.
“It’s just wrong,” Reisig remarked. “This situation is beyond twisted.”
In 2020, Newsom amended the Elderly Release Program, which allowed inmates aged 50 and older to seek parole after serving 20 years. This program, initiated in 2014, originally set the eligibility age at 65 after 25 years served. It was part of a legislative push aimed at alleviating prison overcrowding.
Notably, individuals considered third-time offenders or those serving life sentences without parole aren’t eligible for this program. However, those convicted of violent crimes—including sex offenses against children—are considered for early release.
Recent reports highlighted another case where David Allen Funston, who had kidnapped and sexually assaulted multiple children in the Sacramento area, was granted parole under the same Elderly Release Program.
In the past few months, both Democratic and Republican lawmakers in California have proposed legislation to bar convicted sexual abusers from being eligible for early release.
One such bill introduced by Republican Senator Roger Niello was rejected in committee this week, leaving him “disappointed” as it aimed to prevent offenders of serious crimes, including rape and molestation, from qualifying for parole.
Meanwhile, Democratic state representative Stephanie Nguyen has proposed Assembly Bill 2727, which would increase eligibility for parole from age 50 to 65 and mandate psychological assessments for convicted sex offenders. Although the bill passed an initial committee review, important provisions were diluted along the way.
Reisig has asked for an executive order from Newsom to bar child molesters from the parole program, citing the governor’s prior actions in other legal cases as precedent for his authority.
“He can easily suspend the parole of someone convicted of raping a child,” Reisig asserted. “He just has to take action. It’s time to protect our kids and prevent early releases for these offenders.”
Officials from Newsom’s office mentioned that the governor’s authority is limited; he can only revoke parole in murder cases and must refer other instances back to the Parole Hearings Board for a detailed review.
Records from Seha’s hearing revealed disconcerting statements where he expressed fantasies about the victim while incarcerated, raising severe concerns about his mindset.
During the hearing, Seha expressed intentions to return to Mexico after his release. Commissioners noted he would likely be deported, with one suggesting he could become a “model citizen” there, rather than a danger upon release.
Governor Newsom has acknowledged the pressing issues surrounding the elderly release program and indicated the necessity for enhanced monitoring of violent sex offenders.
As of now, the Department of Homeland Security has yet to provide comments on this evolving situation.
