The decision to release a convicted serial child molester has created a significant debate regarding California’s legal system. At the center of this event is the Elderly Parole Program, a law that allows certain inmates to be considered for release once they reach a specific age and have served a set number of years. While the state parole board has determined that the individual no longer poses a threat to the public, local law enforcement and the victims' families argue that the nature of his past crimes makes him a permanent danger. This case highlights a growing conflict between state rehabilitation goals and public safety concerns.
Timeline of Events and Legal Framework
The individual, identified as Funston, was convicted of multiple crimes involving children and has served more than 20 years in state prison. Under current California law, the Board of Parole Hearings must review inmates who meet the "elderly" criteria.
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Eligibility Rules: Inmates who are at least 50 years old and have served 20 continuous years in prison are eligible for a suitability hearing.
The Review Process: This is an administrative review, not an automatic release. The board looks at the inmate’s behavior in prison, their age, and their current risk to society.
The Reconsideration: Governor Gavin Newsom requested that the board rethink its initial decision to release Funston.
The Final Decision: After a full board review, the officials affirmed that Funston is suitable for release, stating he does not meet the legal definition of a current threat.
Documentation and Official Statements
Official records from the California Department of Corrections and Rehabilitation (CDCR) indicate that the board followed the administrative steps required by law. However, the decision has met with direct opposition from local authorities.
"I personally reviewed the original case reports and victim statements… [he] is a definite danger to the community." — Jim Cooper, Sacramento County Sheriff
| Stakeholder | Position | Core Argument |
|---|---|---|
| Parole Board | For Release | The inmate meets age/time criteria and shows low risk of new crimes. |
| Sheriff Jim Cooper | Against Release | Past behavior is too severe; physical age does not stop predatory intent. |
| State Lawmakers | Seeking Reform | Sex offenders should be excluded from elderly parole eligibility. |
| Family Members | Against Release | The inmate victimized children across multiple generations; he remains a risk. |
The core tension lies in whether "elderly" status effectively reduces the risk of re-offending for those with a history of sex crimes.
Analysis of the Elderly Parole Criteria
The primary debate focuses on whether the law should treat all crimes the same way as inmates grow older. Currently, California's program does not automatically exclude sex offenders or certain violent criminals, provided they meet the age and time requirements.
1. The Question of Physical Capability vs. Intent
The parole board often views older inmates as less likely to commit violent acts because of physical aging. However, law enforcement officials and family members of the victims question this logic. They suggest that some types of crimes do not require physical strength and that the urge to harm others may not disappear with age. Is a person's risk level truly tied to their physical age, or is it tied to their psychological history?
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2. Family and Victim Impact
Family members, including Funston's own son, Joseph Hamilton, have spoken out against the release. Hamilton recalls the damage done to the family and argues that his father's history of repeat offenses suggests a pattern that prison time may not have changed. The family's involvement provides a perspective that differs from the board’s focus on the inmate’s current prison behavior.
3. Legislative Push for Change
The Funston case has led to a movement among state lawmakers to change the law. Some legislators are citing this specific release as evidence that the Elderly Parole Program is too broad. They are proposing that sex offenders be barred from this type of early release entirely. This would mirror other states where certain "special" crimes disqualify inmates from programs designed to reduce prison populations.
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Expert Perspectives on Risk Assessment
The California State Auditor has previously described how the state identifies sexually violent predators. Experts in criminal justice note that the parole board relies on psychological evaluations and the inmate's "remorse" or "insight" into their crimes.
Board Reasoning: The board often looks for "pro-social" behavior during the decades of incarceration. If an inmate follows all rules for 20 years, they are often viewed as rehabilitated.
Opposition Reasoning: Law enforcement experts, such as Sheriff Cooper, argue that the board may be placing too much weight on prison behavior and not enough on the specific "predatory" nature of the original crimes, which they believe indicates a high risk of repeat behavior regardless of the environment.
Investigation Findings
The investigation into this release shows that the Board of Parole Hearings acted within the current legal rules of the State of California. The board has the authority to release inmates who meet the 50/20 rule if they find the inmate is no longer a threat.
The conflict is not necessarily about a "mistake" in the process, but rather a disagreement with the law itself. While the board found Funston suitable for release, the public and local officials remain focused on the severity of his past actions. The next steps for the state involve a legislative review. If lawmakers pass new bills, future cases involving similar crimes may no longer be eligible for the Elderly Parole Program.
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Sources and Contextual Links
LA Times: How 'monster' child molester got parole, sparking demands for action
Context: Details the parole board's decision and Governor Newsom's request for reconsideration.Fox News: Child predator cleared for release through California parole program
Context: Focuses on Sheriff Jim Cooper's criticism of the board and the specific danger posed to the community.LifeZette: California Freed a Child Predator Thanks to Elderly Parole Rules
Context: Explains the administrative process and the 50-year-old/20-year-served criteria.CBS News: Family of repeat child sex predator says California law must be changed
Context: Interviews with the inmate's family regarding his history and the risk they believe he still presents.
