Modoc County District Attorney Nina Salarno raised concerns about California’s Elderly Parole Program, which allows incarcerated individuals age 50 or older who have served at least 20 consecutive years in state prison to be considered for parole. The program applies to people convicted of serious and violent felonies, including murder and sexual assault.
Eligibility for consideration does not guarantee release. However, some recent parole decisions under the program have involved individuals convicted of violent and predatory crimes, prompting concern from some prosecutors.
The California District Attorneys Association has opposed expansion of elderly parole provisions, stating the program applies broadly to offenders whose crimes involved violence, multiple victims or predatory conduct. The association has argued that age alone should not determine suitability for release and that parole decisions can have implications for victims and community safety.
One recent case that drew attention involved David Allen Funston, who was granted parole by the California Board of Parole Hearings. According to the Sacramento County Sheriff’s Office, Funston was convicted of 16 counts of kidnapping and child molestation involving multiple children, some as young as 4. Authorities said he used candy and toys to lure children age 7 and younger. He was sentenced to more than 20 years in prison, along with three consecutive terms of 25 years to life. A judge described him at sentencing as “the monster parents fear the most.”
Funston, 64, became eligible for a parole hearing under the Elderly Parole Program after serving 20 years of continuous incarceration and reaching age 50.
According to a news release from the California Department of Corrections and Rehabilitation, CDCR transferred Funston to law enforcement authorities Feb. 26 after Placer County issued a warrant for his arrest on new charges. He had been scheduled for release on parole.
Funston was sentenced in 1999 to life with the possibility of parole for crimes related to the sexual abuse of children, including kidnapping and lewd and lascivious acts with a child younger than 14. He was found suitable for parole at a hearing before the Board of Parole Hearings on Sept. 24, 2025.
On Jan. 9, 2026, Gov. Gavin Newsom referred the case back to the board for an en banc review, in which a majority of commissioners reconsidered the decision. On Feb. 18, 2026, the panel reaffirmed its decision.
The Placer County District Attorney’s Office has since charged Funston with violating Penal Code section 288(a), lewd and lascivious acts with a child. A no-bail warrant was issued, and he is being held at the Placer County Jail.
Prosecutors said the charge stems from an alleged sexual assault of a child in Roseville in 1996. At the time, Funston was convicted in Sacramento County and sentenced to three life terms in prison. Placer County prosecutors did not pursue a separate prosecution, citing the life sentences already imposed.
The Placer County District Attorney’s Office said it refiled the 1996 charge within the statute of limitations following recent parole developments.
Salarno said the Modoc County District Attorney’s Office supports efforts to review the Elderly Parole Program and remains focused on policies related to public safety, accountability and victims’ rights within the criminal justice system.
