Funston, sentenced to more than 20 years plus three consecutive life terms, was cleared for release under California’s expanded Elderly Parole Program. The program was originally established under Assembly Bill 1448 and later expanded by Assembly Bill 3234, lowering eligibility to age 50 and 20 years served.

“The release of a serial child predator is not a close call. It is a catastrophic failure of the system,” said Assemblymember Hadwick. “When individuals who committed heinous crimes against children are deemed ‘suitable’ for release, it sends a chilling message to families across California. Public safety must come first.”

Hadwick is specifically recognizing the decisive intervention by the Placer County District Attorney's Office, whose swift legal action prevented Funston from walking free. The office refiled previously uncharged 1996 sexual assault allegations within the statute of limitations and secured a new arrest warrant — ensuring Funston was transferred directly into local custody rather than released into the community.

In a statement, Placer County District Attorney Morgan Gire said, “when changes in the law put our communities at risk, it is our duty to re-evaluate those cases and act accordingly. David Allen Funston committed very real crimes against a Placer County child, and the statute of limitations allows us to hold him accountable for those crimes.”

In the letter to the Governor, lawmakers call for immediate accountability and reforms to ensure that individuals convicted of violent sexual offenses against children are permanently excluded from Elderly Parole consideration.

“This is now the second time in less than three months that a predator has been released, or nearly released, into our region,” said Hadwick. “Families in the North State are watching this happen in real time, and they are losing faith that the system is prioritizing their safety.”

Earlier this month, a proposed Sexually Violent Predator placement in Alta was denied by the Placer County Superior Court after the court determined the location, less than one-quarter mile from a legally operating private K–12 school,  was not suitable following extensive community opposition.

“Communities should not have to mobilize just to protect their neighborhoods,” Hadwick said. “When repeat violent offenders are repeatedly deemed suitable for release or placement near children, it is clear we need stronger safeguards.”

Funston was arraigned this week in Placer County Superior Court and the judge continued the case to next Monday, March 9.

To read the letter to the governor, click HERE. 

Assemblywoman Hadwick represents the 1st Assembly District, which includes portions of Amador, El Dorado, and Placer counties, along with Alpine, Lassen, Modoc, Nevada, Plumas, Shasta, Sierra and Siskiyou counties.