elderly parole program

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.