california law

SACRAMENTO — The Democratic-led state Senate has voted to reconfirm five commissioners to the California Board of Parole Hearings, a move that drew outcry from Republicans who argued the board recently made several egregious decisions.

“The current board is clearly not doing a good job protecting children and should be replaced,” said Sen. Steven Choi (R-Irvine), speaking June 1 on the Senate floor.

The parole board consists of 21 commissioners who are appointed by the governor and confirmed by the Senate for three-year terms. Five current commissioners — William Muniz, Michael Ruff, Rosalind Sargent-Burns, Mary Thornton and Jack Weiss — were reconfirmed June 1 in votes that fell along party lines.

Senate Republicans spoke out from the floor, expressing anger over the board’s recent decisions to grant parole to serial sex offenders David Allen Funston, Gregory Lee Vogelsang and Roberto Antonio Detrinidad. (The vote of individual commissioners was not made public.)

Democrats defended the board, saying it was following a landmark 2008 ruling from the California Supreme Court that declared denying parole must be supported by evidence that the person poses a current risk.

“Parole decisions must be based on current safety risks not on the seriousness of the original offense,” said Sen. Eloise Gómez Reyes (D-Colton). “Evidence based risk assessment exists for this exact purpose.”

California’s elderly parole program allows inmates 50 and older to qualify for a parole suitability hearing if they have been incarcerated for at least 20 continuous years. The individual can then be released if commissioners determine they do not pose a public safety risk.

Republicans, however, questioned the board’s judgment.

Sen. Shannon Grove (R-Bakersfield) said a transcript of Funston’s initial parole hearing showed he acknowledged still being attracted to children and said he would splash cold water on his face to deter his urges.

Funston used candy and toys to lure children playing outside in the Sacramento suburbs into his vehicle in 1995 and 1996, prosecutors said. He was convicted of 16 counts of kidnapping and child molestation.

“There is not a single person in this chamber who would want this man to be alone with their children or grandchildren or any of our constituents,” Grove said. “But this board voted to let him out of prison.”

Sen. Rosilicie Ochoa Bogh (R-Yucaipa) criticized the board for not releasing the specific voting records of individual commissioners. She said she had asked the five commissioners to reveal their records, which California allows but does not require.

“They all refused,” Bogh said. “If you are not willing to publicly own how you voted to release a serial child molester or repeat rapist, you will not receive my vote.”

After the votes, Senate Minority Leader Brian W. Jones (R-Santee) criticized Democrats in a statement for “rubber-stamping” the reappointments and said the board had lost all credibility with the public.

A spokesperson for the board said commissioners follow California law and prioritize public safety.

“The Board’s standard is stringent, involves numerous steps and use of validated risk assessment tools, including evaluation by forensic psychologists,” spokesperson Emily Humpal wrote in an email. “Over 97% of parolees successfully transition into their communities without a new conviction within three years.”

Some prosecutors and victims recently expressed outrage over the board’s decisions. One victim, who was kidnapped by Funston at age 4 and sexually assaulted with a knife to her throat, previously told The Times that he should remain in prison.

Jones and Sen. Roger Niello (R-Fair Oaks) this year introduced Senate Bill 1278, which would have blocked those convicted of “rape, sodomy, lewd and lascivious acts, and habitual sex offenders” from the elderly parole program. Some offenders already are barred, including those convicted of first-degree murder of a law enforcement officer.

The bill ultimately died in the Senate Public Safety Committee in April.

Other legislation from Assemblymember Stephanie Nguyen (D-Elk Grove) would raise the minimum parole age for sex offenders convicted of rape, sodomy, or the aggravated sexual assault of a child to 65. Assembly Bill 2727 is advancing through the Legislature with bipartisan support.

If signed into law, the measure would amend legislation from former Assemblymember Phil Ting (D-San Francisco), which was signed into law in 2020 and lowered the minimum age requirement for elderly parole consideration from 60 to 50 years old.

WASHINGTON — In the latest escalation of a fight over the use of paid social media creators, Tom Steyer’s campaign for governor filed a complaint Tuesday accusing influencers who posted content supportive of Xavier Becerra’s campaign of failing to disclose that they had been paid, which is required by California law.

The complaint, filed with California’s Fair Political Practices Commission, accuses Jay Gonzalez of producing at least 14 pro-Becerra posts on Instagram and Facebook in late April and early May, after he was hired by the campaign, and only belatedly editing the posts to acknowledge they had been sponsored by the campaign.

The complaint also said that a social media creator named Maggie Reed, who posts under the username mermaidmamamaggie, created four pro-Becerra posts on Instagram and had previously offered to create paid posts for another gubernatorial campaign, though the complaint doesn’t specify how the campaign knows Reed was paid.

Reed and a talent agency that represents her did not immediately respond to requests for comment.

The Becerra campaign maintained that it has not paid influencers who have created posts in support of the campaign.

“All of the content you see online is entirely and purely organic,” said Becerra spokesman Jonathan Underland.

Becerra and Steyer have been the top two Democratic candidates in recent polling for the governor’s race, with Becerra consistently maintaining a slight edge in those polls.

The complaint by Steyer’s campaign comes after two influencers who support Becerra filed a complaint last week accusing social media creators hired by the Steyer campaign of failing to disclose that they had been paid to produce their posts.

The campaign of the billionaire candidate for governor had previously disclosed payments to some influencers with large audiences, including one creator with the user name zayydante, who has 1.8 million followers on TikTok, and another with the user name littleyeg, who has nearly 350,000 followers on TikTok. The complaint filed last week said that both of these influencers failed to disclose that they had been paid by the campaign to produce content.

The complaint also highlighted several accounts created by user who don’t appear to live in California who created posts promoting Steyer and, in at least one case, posted elsewhere that they had been paid by the campaign.

The influencers who filed the original complaint said they saw the newly filed complaint as an attempt by Steyer’s campaign to deflect criticism.

“All he’s done is attack his opponent instead of taking accountability for violating the law,” said Kaitlyn Hennessy, one of the two influencers who filed the complaint against Steyer’s campaign. Hennessy and the other influencer who filed the complaint both said they have not been paid by the Becerra campaign.

In a post on Substack, Steyer defended his campaign’s use of paid social media influencers and said that it had been transparent about their use.

“Every creator we compensate has been and will be publicly disclosed as required by law,” he wrote.

Under a California law passed in 2023, social media creators who create paid content on behalf of a political campaign are required to disclose in their post that the material was sponsored and who paid for it.

The onus is on creators to provide the disclosure, but campaigns are required to notify influencers they hire of the requirement.

Violation of the rules doesn’t trigger criminal, civil or administrative penalties but the FPPC can take alleged offenders to court and ask a judge to force compliance with the law.