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California leaders oppose early elderly parole for child sex offenders
A look at the heated debate over early release for convicted child sex offenders in California.
- California legislators are proposing new bills to change the state’s elderly parole policy.
- The proposed changes follow the controversial early release of two serial child sex predators.
- Current law allows parole eligibility for offenders at age 50 after serving 20 years.
- New legislation seeks to raise the minimum age to 60 or 65 and increase the time served requirement.
(This story has been updated with additional information.)
California lawmakers and law enforcement officials are pushing to change the state’s elderly parole law after parole boards approved the early release of two men convicted of child sex crimes in recent weeks, decisions that drew sharp criticism from prosecutors and local officials.
Two of the proposals, introduced this week by lawmakers in both the state Assembly and Senate, would raise the age at which incarcerated people become eligible for elderly parole and increase the amount of time they must serve before qualifying. Another would bar those convicted of sex crimes against children from elderly parole entirely.
Under current law, which took effect in 2020, inmates may be considered for elderly parole after turning 50 and serving at least 20 years of their sentences.
Supporters of elderly parole have argued the policy reflects research suggesting recidivism declines with age, particularly among older inmates, and that incarcerating elderly prisoners carries high medical and taxpayer costs. The law was also intended to give parole boards discretion to assess whether aging inmates still pose a public safety threat.
The dispute has reopened a volatile debate over who should qualify for early release in California — and who shouldn’t. Here’s what to know about the controversy.
How would the new law change early parole for sex offenders in California?
Proposed legislation to roll back early parole policies was authored in the state Assembly by Rep. Tom Lackey, R-Palmdale, Rep. Josh Hoover, R-Folsom, and Rep. Stephanie Nguyen, D-Elk Grove.
Another bill was introduced in the state Senate by Sen. Brian Jones, R-San Diego.
Lackey and Hoover’s Assembly bill would increase the minimum age for elderly parole to 65, while Nguyen’s would bar those convicted of child sexual abuse from being eligible for elderly parole altogether. Nguyen’s bill also calls for those convicted of other “aggravated sexual offenses” to become eligible for elderly parole at 75 years old, having served 30 years in prison.
The Senate legislation would raise the eligibility age to 60 and increase the minimum time served to 25 years.
In a statement, Lackey’s office said, “The move comes as Governor Gavin Newsom’s parole board has been on a 2026 spree of granting early release to serial child molesters under the state’s ‘elderly parole’ law.”
Why California’s early parole law was adopted
Supporters of California’s elderly parole law say it was designed to evaluate risk, not the original crime, and to reflect research suggesting that criminal behavior — including sexual offending — tends to decline with age.
Advocates for the policy argue that people who are older and have spent decades in prison often have significant health problems, require costly medical care, and may no longer pose the same level of threat they did earlier in life. They also note that parole does not guarantee freedom, but allows the state to impose strict supervision, housing restrictions, and monitoring conditions.
The law, which took effect in 2020, gives parole boards discretion to deny release if someone is still deemed a public‑safety risk — a point critics say has not been adequately applied in recent cases.
Gregory Vogelsang approved for elderly parole despite risk findings
Authorities on Thursday, March 12, announced that a parole board had approved early release for Gregory Vogelsang, 57.
He had been sentenced to 355 years to life in prison for sex crimes committed against six children between the ages of 5 and 11 between 1995 and 1997, according to the Sacramento County Sheriff’s Office.
“Psychological evaluations later documented that Vogelsang acknowledged he remains primarily sexually attracted to boys between the ages of 5 and 11,” the agency said in a written statement. “He also admitted that as recently as 2020, he was still masturbating to fantasies about young boys.”
According to the sheriff’s office statement, the Board of Parole Hearings granted Vogelsang elderly parole even after determining that he was a greater risk to the public than 80% of other sexual offenders.
Following the parole board panel’s decision to release Vogelsang, Sacramento County District Attorney Thien Ho said his office requested a rehearing before the full board, which was scheduled for Wednesday, March 18.
Elderly parole clears David Allen Funston despite ongoing risk concerns
David Allen Funston, 64, was approved for release and was set to be released in Southern California when he was rearrested on an additional criminal charge out of Placer County on Feb. 26.
He was sentenced to life in prison without the possibility of parole in 1999 after being convicted of 16 counts of kidnapping and child molestation for using candy and toys to lure and prey on eight victims between 4 and 7 years old, according to California Department of Corrections and Sacramento Sheriff’s officials.
Funston’s release was approved ” despite admitting he still experiences pedophilic urges,” according to a statement from Lackey’s office, which cited parole records.
‘Fifty is not elderly’: Lawmakers blast California parole policy
Lackey and Hoover’s proposal under Assembly Bill 2570 is needed to protect victims and the community at large, they said in a joint statement.
“I am disgusted that the Parole Board has granted early release to another serial child molester,” Hoover said upon learning of Vogelsang’s parole approval.
“We need to reform our Elderly Parole Program and evict everyone on the Parole Board that supported another shameful release,” he said. “I am pleased to join Assemblyman Lackey to increase the age for Elderly Parole from 50 to 65 to ensure that these monsters stay behind bars where they belong.”
Lackey said the current system is far too lenient.
“Fifty years old is not elderly. Not even close,” he said. “Just because someone turns 50 does not mean they are rehabilitated. We’re talking about releasing people who committed the worst crimes imaginable. That is unacceptable.”
Jones, whose proposal is filed under Senate Bill 356, agreed.
“Turning 50 does not mean violent criminals no longer pose a threat to the public, but that’s how this broken system of elderly parole treats them,” he said in a written statement. “This policy was forced through the legislature and signed by Newsom outside the normal process because they knew it was wrong and wouldn’t pass muster. I’m rolling it back to make sure the worst of our criminals don’t get out of jail free just because they turn 50.”
“If they’re going to let monsters like this out of prison early, despite no signs of true rehabilitation and little of their lengthy sentences actually served, then we have a duty to act, and that’s what this bill does,” according to Jones. “The Parole Board has proven time and again it is incapable of acting in the best interest of Californians and it’s painfully clear that the legislature needs to intervene at this point.”
Nguyen said the stricter guidelines for sex offenders proposed under her AB 2727 are crucial to ensure justice and community safety.
“When someone commits violent sexual crimes, especially against children, the consequences must reflect theseriousness of that harm,” she said in a written statement. “AB 2727 ensures that individuals convicted ofthe most serious sexual offenses are not eligible for elderly parole and that others face a much higher threshold before they can be considered for release.”
Democratic lawmakers have previously said the elderly parole bill followed standard legislative procedures.
Newsom administration pushes back on parole criticism
Gov. Gavin Newsom and his press office launched an offensive against those blaming the governor for the policy, calling the assertions “MORE MAGA MISINFORMATION.”
“The Board of Parole hearings is an independent agency and made this decision,” Newsom’s press office stated via social media. “The Governor asked for them to re-review its decision. The Governor doesn’t agree with the outcome and has NO authority to reverse this independent decision per state law.”
While Newsom signed the law in 2020 and appoints parole board members, state law limits the governor’s authority over individual parole decisions
DA and sheriff demand tougher parole laws after child predator cases
District Attorney Ho and Sacramento County Sheriff Jim Cooper lambasted the elderly parole policy and the parole board over the recent decisions to release Vogelsang and Funston.
“[Vogelsang] will molest again, and yet, this parole board is letting him out. And they’re letting him out under one of the most horrible, unjust laws that we have in the state of California: elder parole,” Ho said.
The D.A. also suggested that the parole board members involved be terminated for incompetence due to the recent decisions.
Cooper said he believes the proposals do not go far enough, arguing that people convicted of sexually violent offenses should be excluded entirely from elderly parole.
“The only change is: if you’re a sexually violent predator, you’re not eligible for elderly parole, period,” Cooper said. “There’s no fixes, no in-betweens. It has to happen that way. Legislature, read the tea leaves. The public’s fed up. They’re tired of this B.S.”
Supporters of the early parole law argue that keeping elderly prisoners incarcerated until death, regardless of current risk, raises legal, ethical, and financial questions about punishment versus public safety.