Legislative Response to Parole for Child Sex Offenders

Frustration surrounding the parole of child sex offenders has made its way into state legislatures. In response, Democrats are shifting their stance to better tackle the existing loopholes.

On Tuesday, both Democratic and Republican lawmakers put forth bills aimed at limiting parole hearings for older prisoners. Currently, the Elderly Parole Program allows those over 50 who have completed 20 years of their sentence to apply for release.

One proposal from Democratic Rep. Stephanie Nguyen suggests increasing the eligible age to 65. Notably, Sacramento County’s most notorious child predator was just 64 when he was granted parole this past February.

David Allen Funston reportedly kidnapped and sexually abused at least eight children by enticing them with treats. “When a violent sex crime, especially against a child, occurs, the consequences should match the gravity of the offense,” Nguyen remarked while unveiling her legislation. “AB 2727 ensures that those found guilty of severe sex crimes won’t qualify for geriatric parole.”

The proposed legislation includes further changes as well. While older offenders convicted of certain serious sex crimes against minors are ineligible for parole, the standards for other sex offenses would be tightened.

Local attorney Thien Ho expressed that Nguyen’s bill could make a meaningful impact.

Ho noted, “Recent updates to the Elderly Parole Act have compromised commitments to victims and jeopardized the safety of our most vulnerable children.”

Concerns have been heightened by other recent cases, such as that of Gregory Lee Vogelsang, who was released early despite having served over 300 years for the sexual abuse of children. His convictions involved multiple kidnappings and abuses of children aged 5 to 11 in Sacramento during the 1990s.

During a recent legislative committee meeting, California Democrats showed support for Nguyen’s bill, which must reach the governor’s desk by the end of August.

Rep. Nick Schultz shared his thoughts at the committee hearing, saying, “The scales of justice should be balanced. It’s crucial that all voices are heard in this matter.”

Meanwhile, other lawmakers, including Republican Sen. Brian Jones, are also advocating for changes in parole eligibility.

In a shifting political climate, bills that have been labeled “tough on crime” often face hurdles in the Democratic-majority Congress, especially those put forward by Republicans.

However, high public concern has occasionally prompted action. For instance, in 2023, Gov. Gavin Newsom intervened to reinstate a law that imposed tougher penalties on child sex traffickers, which had previously been dismissed by Democrats. This eventually became law.