California elderly parole reform bill fails in committee

By Steve Large

A bill aimed at tightening California’s elderly parole program has failed to advance.

Legislation introduced by State Senator Roger Niello (R-Fair Oaks) to prevent some offenders from early release died Monday in the Senate Public Safety Committee.

The high-profile and emotional issue has led to several calls for reform in recent weeks after the California Parole Board granted the release of David Funston, 64, and Gregory Vogelsang, 57, who were each convicted of sexual abuse of children in the 1990s. Both remain in custody for now. 

Niello criticized the committee’s decision, calling the cases “particularly egregious crimes affecting little kids.”

Keith Wattley is the executive director of Uncommon Law, an organization that represents people through the parole process. He pointed to California Department of Corrections and Rehabilitation data, which he says defends the elderly parole program.

According to the CDCR, “the recidivism rate for people released after an Elderly Parole hearing is 1.8% for any conviction. None of those re-convictions involved sex offenses.”

“You don’t have anyone who’s been released on elderly parole who committed a new sex offense after their release, because there aren’t any,” Wattley said. “It’s a 0% recidivism rate.”

Senate Public Safety Committee Chair Jesse Arreguín said in a statement that the release of sexually violent offenders “warrants a robust conversation and legislative solution.”

Arreguín is supporting a separate bill that would also exclude sexual violent predators from the elder parole process.

“We’re dragging victims through their experience all over again when this goes through the parole board,” Niello said. 

Besides Senator Niello’s failed bill, there are several other proposals still alive seeking to revamp the elderly parole program. There is also a push to create a statewide ballot measure, taking the issue straight to voters.